General Terms and Conditions of Sale

1.- GENERAL CONDITIONS PRIOR TO CONTRACTING

These general contracting conditions expressly regulate the commercial relationships arising between the website owner (seller) and consumer users who, through this website https://thetodayproject.net (hereinafter also referred to as the website), owned by LAB NOMA S.L. (hereinafter also referred to as the seller), purchase the products offered at any given time to users.

These general terms of sale have been drafted in accordance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), Law 7/1998, on General Contracting Conditions (LCGC), and Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users and other complementary laws (TRLGDCU).

LAB NOMA S.L. may unilaterally modify, at any time it deems appropriate, the configuration and content of these General Terms and Conditions of Sale. However, the conditions applicable to a particular transaction will be those in force at the time the transaction is formalized.

The terms and conditions applicable to the purchase of products offered for sale to the public by LAB NOMA S.L. through its website will be those described in these General Terms and Conditions of Sale and will be detailed on the website throughout the purchase process. By using this website, users declare that they are aware of and accept the different steps required to access the various products offered on the website, as well as to formalize the purchase.

The customer fully accepts these General Terms and Conditions of Sale when placing an order with LAB NOMA S.L. through this website, having prior knowledge of its content by being provided with a copy of them in a durable electronic format, in addition to them being published on this same website.

If you wish to download and obtain a copy of these General Terms and Conditions of Sale, you can do so by clicking HERE.

Before making a purchase through this website, users are advised to carefully read the Legal Notice, Privacy Policy, and Cookie Policy.

2.- IDENTIFICATION OF THE SELLER AND CLIENTS

The identification details of LAB NOMA S.L. are as follows:

Name/Legal Entity: LAB NOMA S.L.

Trade Name: The Today Project

Tax ID/CIF/NIF: B16696072

Registered Office: Av. Via Augusta 15-25, Parc Empresarial @Sant Cugat, 08174, Sant Cugat del Vallès, Barcelona

Email Address: dpd@labnoma.com

To make purchases through this website, the user must provide the personal data requested during the purchase process. The processing of your personal data will be governed by our Privacy Policy.

3.- NATURE OF THE WEBSITE

To purchase the products offered through this website, the user must meet the following requirements:

  • Be a natural or legal person with residence or domicile in mainland Spain or the Balearic Islands. In cases where shipments are made to the Canary Islands, Ceuta, Melilla, or abroad, the user must have an address in that territory.

  • If a natural person, they must be over 18 years of age and have sufficient legal capacity to contract.

  • Consumer protection regulations, as well as rights recognized for consumers, will only apply to natural or legal persons considered consumers and/or users according to Article 3 of the TRLGDCU.

  • In accordance with the above, the resale of products purchased through this website is strictly prohibited, without prejudice to resale between individuals in the second-hand market.

4.- PRODUCTS OFFERED

LAB NOMA S.L. will publish, along with the image of each product offered for sale on the website, the specific characteristics of each product and the applicable sale price.

LAB NOMA S.L. guarantees that the product price will be the one in effect on the day of purchase, regardless of the date on which the physical delivery of the order is made.

If there are offers applicable to the product price, they will be indicated next to the initial price with a different font and/or color that allows the customer to clearly identify the final price of the product. In any case, the validity period of the offer or promotion will be indicated on the website.

LAB NOMA S.L. may, unilaterally and at any time, offer new products for sale on the website, as well as temporarily or permanently suspend or cancel any of the currently offered products.

The user may complete the purchase process on this website in the following languages: Spanish and English.

5.- PRODUCT AVAILABILITY

All orders placed through this website are subject to product availability. If there are difficulties regarding the supply of products or if items are out of stock, any amount paid by the user will be refunded.

6.- PURCHASE SYSTEM

Purchases made through this website must be completed following the established online purchase procedure. The user may browse the website and/or search for the desired products. Once a specific product is located, the user can access its full description, which will include information such as net content, product features, usage instructions, and price (expressed in €). The photographs and colors displayed in the product description may differ from reality due to the type of screen used to view the photograph, the color profile selected on the computer or device, and the brightness level, among other factors.

Once a product is selected, it can be added to the shopping cart for purchase. After selecting all products, the user will have access to the purchase summary. This summary will allow the user to review the added products, their quantities, unit price, and total price. At this point, discount coupons can also be applied, and the shipping cost of the products can be reviewed.

To complete the purchase, the user must provide the requested personal data, select a payment method from the available options, and make the payment through the payment gateway provided, or via the methods enabled by LAB NOMA S.L. on its website.

Once the order is placed, LAB NOMA S.L. will send a confirmation email to the email address provided by the customer. LAB NOMA S.L. will notify the customer when the products are shipped via the transportation companies with which the seller collaborates.

7.- TECHNICAL MEANS TO CORRECT ERRORS

If the customer detects an error when entering personal data during their registration as a user of this website, they can modify it in their personal customer account.

In any case, errors related to personal data provided during the purchase process can be corrected by going to the "Contact" link on the website and filling out the corresponding form or via the email address dpd@labnoma.com. Users can also exercise their right to rectification under our Privacy Policy via the aforementioned email address.

This website displays confirmation windows at various stages of the purchase process, preventing the user from proceeding with the order if certain data has not been entered correctly. Additionally, the website offers details of all the items or products added to the shopping cart, allowing the user to modify their order before making the payment.

If the user detects an error in their order after completing the payment process, they should contact LAB NOMA S.L. as soon as possible at the phone number or email address mentioned earlier to correct the error promptly.

8.- SHIPPING AND DELIVERY OF PRODUCTS

All products sold by LAB NOMA S.L. will be shipped to the address provided by the customer through a transport company. LAB NOMA S.L. works with specialized transportation and courier companies committed to reducing emissions.

LAB NOMA S.L. delivers to the following territories: Mainland Spain, Balearic Islands, and the European Union.

If the user resides in a country or territory not listed above, they can contact LAB NOMA S.L. for more information.

The shipping costs for each order depend on the destination country and the type of shipping. In the case of customs duties, these will be the responsibility of the customer, who will be informed of this beforehand.

Below is a summary of the delivery times and shipping prices:

  • Spain (mainland) - 1 week* - shipping cost based on weight/distance**

  • Balearic Islands - 1 week* - shipping cost based on weight/distance**

  • European Union - 2 weeks* - shipping cost based on weight/distance**

*Delivery times may vary due to circumstances beyond the control of LAB NOMA S.L. In any case, delivery will take place within a maximum of 30 calendar days.

**Shipping rates may change in the future. VAT is included in shipping fees.

Unless there are circumstances arising from product customization or unforeseen or extraordinary circumstances, we will send your order consisting of the products related to each shipping confirmation within the time indicated in the table above or on the website, according to the selected shipping method, and, in any case, within a maximum period of 30 days from the order confirmation date.

If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the paid price. Please note that we do not make home deliveries on Saturdays or Sundays.

For the purposes of these General Terms and Conditions of Sale, it is understood that "delivery" has occurred when the user or a third party designated by the user, other than the carrier, acquires material possession of the products, as evidenced by the signature of the receipt at the agreed delivery address.

9.- IMPOSSIBILITY OF DELIVERY

If it is impossible to deliver the order to the customer, an attempt will be made to find a safe place to leave it. If it is not possible to find a safe place, the order will be returned to LAB NOMA S.L.'s warehouses. We will also inform the customer of the location of the order and how to have it resent or schedule a new delivery attempt. If the user is not at the agreed delivery location on the delivery day, they must contact customer service to arrange delivery on another day.

If 30 days pass since the order became available for delivery, and the delivery has not been made for reasons not attributable to LAB NOMA S.L., we will consider that the customer wishes to withdraw from the contract, and the contract will be considered terminated. As a result of the termination of the contract, we will refund all payments received from the customer, including delivery costs (except for any additional costs resulting from the customer’s choice of a delivery method different from the least expensive ordinary delivery method offered), without undue delay and, in any case, within a maximum of 14 calendar days from the date we consider the contract terminated. The customer is informed that the transportation costs resulting from the termination of the contract may be an additional expense, so we are authorized to charge the corresponding costs.

10.- TRANSFER OF RISK AND OWNERSHIP

The risks of the products will be borne by the customer from the moment of delivery. The customer will acquire ownership of the products when we receive full payment of all amounts due concerning them, including shipping costs, or upon delivery (as defined in clause 8), whichever occurs later.

11.- PRICE AND PAYMENT METHODS

11.1. Payment Methods

The prices on the website include VAT (when this tax is applicable) but not shipping costs. These will be added to the total amount due. Before confirming the purchase order, the user will have access to all the itemized prices.

Prices may change at any time, but such changes will not affect orders for which we have already sent the user an order confirmation.

LAB NOMA S.L. accepts the following payment methods on its website:

  • Credit and debit card: Through the payment gateway enabled by LAB NOMA S.L. and managed through its banking entity. You must enter the card number, expiration date, and security code (CVC). The customer guarantees and is responsible for ensuring that all card details provided are valid. These details will not be stored or handled by LAB NOMA S.L. but will be recorded directly in the payment gateway of the corresponding financial institution.

    In compliance with the European Union's second Payment Services Directive (PSD2), your bank may send you an SMS code, mobile notification to your bank's App, or another similar system during payment. Contact your bank for more information about online payment procedures.

    By authorizing payment through our website, the user confirms that the debit/credit card is their own or that they are the legitimate holder of it.

  • Apple Pay: The customer can make purchases instantly from any location using the payment and shipping information stored in Apple Pay, without sharing financial information with LAB NOMA S.L.

  • PayPal: The customer will be directed to the PayPal website, where they can make the payment quickly and securely, without sharing financial information with LAB NOMA S.L.

11.2. Value Added Tax

In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax (LIVA), the delivery of the items will be considered located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time, depending on the specific item in question. For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be VAT-exempt under the provisions of Article 21 of the LIVA, without prejudice to the application of the corresponding taxes and/or customs duties under the regulations in force in each of these territories.

The customer authorizes LAB NOMA S.L. to issue the invoice electronically. However, the customer may notify us at any time of their wish to receive a paper invoice, in which case we will issue and send the invoice in that format.

12.- RIGHT OF WITHDRAWAL

12.1. Withdrawal Period and Process

If the customer is contracting as a consumer and user, they have the right to withdraw from this contract within 14 calendar days without justification.

The withdrawal period will expire 14 calendar days from the day the customer or a third party indicated by the customer, other than the carrier, acquires physical possession of the goods, or in the case of an order with multiple goods delivered separately, 14 calendar days from the day the customer or a third party indicated by them, other than the carrier, acquires physical possession of the last of the goods.

To exercise the right of withdrawal, the customer may use the withdrawal form provided at the following LINK, or by any other means that allows proof of the exercise of the right (by postal mail, email, or via our phone number).

In the event of withdrawal by the customer, LAB NOMA S.L. will refund all payments received from the customer, including delivery costs (except for the additional costs resulting from the customer’s choice of a delivery method different from the least expensive ordinary delivery method we offer), without undue delay and, in any case, within a maximum of 14 calendar days from the date on which the customer informed us of their decision to withdraw from this contract. LAB NOMA S.L. will process the refund using the same payment method the customer used for the initial transaction. The customer will not incur any fees as a result of the refund. However, we may withhold the refund until we have received the goods or until the customer has provided proof of return of the goods, whichever condition is met first.

The customer must return the products via postal mail to the following address:

  • LAB NOMA S.L.

  • Av. Via Augusta 15-25, Parc Empresarial @Sant Cugat, 08174, Sant Cugat del Vallès, Barcelona

The customer must return the products purchased through our website without undue delay and, in any case, no later than 14 calendar days from the date on which the customer informed us of their decision to withdraw from the contract. The deadline is met if the customer sends the goods back before the 14-day period has expired.

LAB NOMA S.L. explicitly informs the customer that they will be responsible for the direct cost of returning the goods. In this case, they must send a printed copy of the ticket or electronic invoice they received with the order confirmation or in the order itself along with the products.

LAB NOMA S.L. will not accept the return of the product if it shows obvious signs of use.

The customer will be responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

12.2. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to the delivery of, among other things, the following products:

  • Products that cannot be returned for hygiene or health protection reasons, if they have been unsealed after delivery, or which have, after delivery, been inseparably mixed with other products.

  • Products that can deteriorate or expire quickly.

  • Goods made according to customer specifications or clearly personalized.

In any case, no refund will be issued for products that are not in the same condition as when they were delivered or that have been damaged after delivery.

13. DEFECTIVE PRODUCTS. WARRANTIES.

Cosmetic and beauty products are perishable and consumable goods, being hygiene products and related to health protection. Therefore, they do not have a return guarantee covered by law if they have already been used or if their expiration or preferred consumption date has passed.

All other products sold on the website are considered consumer goods and have a two-year warranty period from the date of purchase. If the customer believes that the product does not conform to the contract at the time of delivery, they must contact LAB NOMA S.L. immediately through the contact details provided in clause two of these General Terms of Sale, providing the product information as well as details of the damage/defect.

The product may be returned by the customer in the same way indicated for the right of withdrawal. LAB NOMA S.L. will carefully examine the returned product and inform the customer within a reasonable period whether a refund or product replacement is appropriate. Due to the nature of the products offered on our Platform, repair of products will generally not be possible. The refund or replacement of the product will be processed as soon as possible and, in any case, within 14 calendar days from the date on which we notify the customer that a refund or replacement is applicable.

The amounts paid for products returned due to a defect, when one exists, will be fully refunded to the customer, including delivery costs incurred for the defective product(s), as well as any costs incurred by the customer for returning the product(s). The refund will be made using the same payment method used to purchase the product.

14. COMMUNICATIONS

Applicable regulations require that some of the information or communications we send to customers must be in writing. By using this website, the user agrees that most of these communications with LAB NOMA S.L. will be electronic. We will contact users via email or provide information by posting notices on our website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that we send electronically comply with legal requirements of being in writing. This condition does not affect the customer's legal rights.

15. PARTIAL NULLITY

If any of the clauses contained in these General Terms and Conditions of Sale are declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, unaffected by such a declaration of nullity.

16. ONLINE DISPUTE RESOLUTION

In accordance with European consumer regulations, companies established in the European Union that enter into online sales or service contracts (including those offering products via email) and online marketplaces established in the Union must offer a link to the online dispute resolution platform on their websites, through which complaints regarding online contracts can be processed:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

The creation and development of the Online Dispute Resolution platform is provided for in Regulation (EU) 524/2013 of the European Parliament and the Council to provide an online mechanism for handling disputes between consumers and users established in the European Union more simply, quickly, and cheaply than going to court.

Therefore, through the platform available via the above link, the user can submit complaints, claims, or other comments they wish to make.

Additionally, LAB NOMA S.L. has official complaint/claim/denunciation forms available to consumers and users, which can be requested via the contact details provided and indicated on the website. For more information, you can contact the consumer office in your place of residence.

17. PROTECTION OF PERSONAL DATA

LAB NOMA S.L. collects and processes customer personal data through this website. For more information on the processing of personal data, you can visit our Privacy Policy and Cookie Policy.

18. APPLICABLE LAW AND JURISDICTION

Disputes arising from the interpretation and application of these rules will be governed by Spanish law and submitted to the courts and tribunals of the place of residence of LAB NOMA S.L. or the consumer, at the consumer's choice.

Last updated: Sept 19, 2024.