Text reviewed and updated dated February 21, 2023.

This document contains the general and sales conditions and the contract that binds one party to Mister Pistacho, SL (hereinafter Mister Pistacho) as owner of the website: misterpistacho.es and the trademark Mister Pistacho and from another to you as a consumer and user of said website. These conditions establish the rights and obligations of all users and, misterpistacho.es, in relation to the products/services that we offer through this website. We ask you to carefully read these conditions and our Privacy Policy before clicking the “place order” button. By using this website or placing an order through it, you agree to be bound by these conditions and our Privacy Policy, so if you do not agree with them, you should not place any order. These conditions could be modified, so you must read them before placing each order. If you have any questions related to the purchase conditions or the privacy policy, you can consult the information contained on our website or contact us through our contact form.

Using the Mister Pistacho website: misterpistacho.es

These conditions together with the Legal warning and our Privacy Policy They are the only conditions applicable to the use of this website and replace any other, unless expressly prior written consent of the owner of the website; MISTER PISTACHO, SL, being important to both you and us since they have been designed to create a legally binding agreement between us protecting your rights as a consumer and our rights as a seller. You declare that, by placing your order, you have read and accept these conditions without reservation.

By these conditions you accept that:

You have reached the legal age of majority established in your country, in the particular case of Spain you confirm that you are 18 years or older.
You may only use the website to make legally valid inquiries or orders.
You will not be able to place any speculative, false or fraudulent order. If we have reasonable grounds to believe that such a request has been made, we will be authorized to cancel it and inform the relevant authorities.
You are also obliged to provide us with a certain and correct email address, postal address and/or other contact information and you agree that we may use this information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you guarantee us that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.

Service Availability

The articles and services offered through this website will be available in Spain, with the express exception of the Canary Islands and the autonomous cities of Ceuta and Melilla.

Formalization of the purchase-sale contract

In accordance with the requirements of article 27 of Law 34/2002 on Information Society Services and Electronic Commerce, it is stated that currently the contracting procedure can only be carried out in the Spanish language. If it could be carried out in another language, it will be indicated before starting the contracting procedure. Mister Pistacho will not keep a copy of these conditions linked to each purchase, so we recommend that the user keep a copy of them with each purchase. .

The website does not have technical means to identify and correct errors in the user's entry of data, except that it detects if any field is pending completion.

The steps you must follow to hire are the following:

You can access the catalog of products and services offered on the website, through its different sections or through the home page. If you are interested in any product or service, you can click on it, accessing the description of the product or service and its characteristics. If what you want is to purchase it, you must click on the “Add to cart” button, as long as it is available. The items will be added to the cart that you can always consult at the top of the website, in the right area, opening a window in which you can see the breakdown of the products you want to purchase, as well as the amount corresponding to shipping costs, if any. If you are satisfied, you can add more products (following the same procedure) or finalize the order.

At that time, you can apply the promotional code (if you have one) that you have been able to obtain either through the promotional or loyalty campaigns that Mister Pistacho has launched on social or affiliation networks, or as a result of a exchange or return and get a discount.

To place the order, you must fill in the information requested, all of which are essential to carry out the contract (name, surname, tax identification number, telephone number, email address and postal mail address), and you will be the sole user. responsible for their truthfulness, accuracy and correctness.

If you detect any error in the data you have entered in the form, you can and must correct it through the contact form, email: info@misterpistacho.es or via phone: 667 35 90 48

Mister Pistacho reserves the right to verify the data provided by the client and adopt the measures it deems appropriate to guarantee compliance with these conditions.

Likewise, you must select the payment method and proceed with it. After this, you will receive an email acknowledging receipt of your order and confirming it.

The binding contract is formed when you receive the order confirmation from us.

Product Availability

Please note that, as an exception, we are under no obligation to deliver your order to you if our suppliers do not deliver stock correctly or on time, even if we have acted in accordance with our normal ordering practice. In order for us to apply this exception and therefore not assume any responsibility, we cannot be responsible for the products being unavailable and we must have notified you of the situation without undue delay. Furthermore, we may not have assumed a purchasing risk in relation to the product ordered.

Therefore, all product orders are subject to their availability and, in this sense, if there are difficulties regarding their supply, or if there are no items in stock, we reserve the right to provide you with information about products. substitutes of equal or higher quality and value that you can order if you deem it appropriate. If you do not wish to place an order for these substitute products, we will refund any amounts you may have paid.

Under no circumstances do we assume the risk of having to purchase the ordered product elsewhere (purchase risk). This also applies to orders for generic items (where only the type and characteristics of the items are described). We only have the obligation to make deliveries of our available stock and the stock that we have requested from our suppliers.

Product Features

All products offered through the misterpistacho.es website include a list of their characteristics and price. Information about the characteristics and prices of the products is located in each of the URLs where the product is offered. However, if you have any questions about them, you can contact our Customer Service by sending an email to the following address: info@misterpistacho.es.

Consumer goods warranty

Mister Pistacho will deliver to the user products that are in accordance with the contract, that is, they conform to the description made and have the qualities of the product that have been presented to the user and will be liable to him for any lack of conformity that exists from the moment of the product delivery.

In accordance with the provisions of article 123 of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, Isabella Maia de Alcántara will be responsible for the lack of conformity of the products that appear within a period of two years from delivery.

In the case of lack of conformity, the user must inform Isabella Maia de Alcántara through the contact form or email: info@misterpistacho.es, within two months of becoming aware of it, indicating your details, the order reference number and the anomaly or defect detected.

Failure to comply with this deadline does not imply the loss of the warranty, but the user will be responsible for any damages caused by the delay in communication.

In the event of a defective product, Mister Pistacho will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free of charge for the consumer and user.

As a client, you are considered a consumer in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (in (hereinafter, “TRLGDCU”).

Consequently, you have the right of withdrawal, which consists of being able to cancel the concluded contract without having to justify your decision during the fourteen (14) calendar days from the receipt of the purchased good or from the conclusion of the contract, if applicable. of a provision of services.

You must express your intention to withdraw within the indicated period and proceed to return the product, refunding the price paid.

If you have problems with products or services purchased on this website, you can file a claim through the European Union dispute resolution platform. here. Mister Pistacho reserves the right to refuse to accept the claim submitted through the platform.

Product price and payment

The price of the products will be that which appears at all times on our website. The prices on the website do not include VAT or shipping costs, which will be added to the total amount due according to the costs that you can consult on the “Delivery Service” page. Prices may change at any time, but (except as set out above) any changes will not affect confirmed orders. Once you have made your purchases, all the items you wish to purchase will have been added to your basket and the next step will be to process the order and make payment.

The price of the purchase made, plus shipping costs that, if applicable, will be paid through any of the payment methods accepted by the website. Until full payment of the purchase price is made, the product remains our property.

The content misterpistacho.es It is constantly updated, being the main objective of MISTER PISTACHO, SL and its commercial brand Mister Pistacho. offer truthful, complete information without typographical errors on the characteristics and prices of the products displayed. If on any occasion an error occurs in the information provided, we will immediately proceed to correct it.

If there is a typographical error in any of the characteristics or prices and in the event that you have made the purchase of said product, you will be immediately informed of this error and the actual price of the product, and you are within your right to terminate the contract. buy if you wish.

At Mister Pistacho we reserve the right to modify, without prior notice, the prices, products and promotions contained on the website. If the price has changed after you have made a purchase, the applicable price is the one indicated on nailscouturebeauty.com at the time of validating the purchase.

Send conditions

Mister Pistacho only sends its products to: Spain and the countries of the Single European Market.

The purchase is subject to payment of shipping costs, at the buyer's expense. Shipping costs will depend on the destination, weight and total amount of the order. The costs will be detailed throughout the purchase process and you will be able to review how much the shipping costs are before finalizing the purchase.

Mister Pistacho will not be responsible for delays in the delivery of orders due to causes not attributable to it, as well as for fortuitous cases or force majeure.

Delivery will be made through the transport company selected by the user during the purchase process.

Package shipments, depending on their measurements, weight and destination, can currently be made through the following transport agencies: Correos, Correos Express, Zeleris, GLS, Seur DPD and Nacex.

Delivery times

Delivery through the transport companies Correos, Correos Express, Zeleris, GLS, Seur DPD or Nacex, will be made between 24 and 72 hours after confirmation of payment, for products with availability and without customization, in Spain (peninsula) . For other locations or for products without availability, personalized or made to order, you can consult our “Delivery Service” page or request information through the contact form. Due to unforeseen circumstances, delivery delays may occur. If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Please note in any case that we do not deliver on Saturdays, Sundays or holidays. For the purposes of these conditions, it will be understood that "delivery" has occurred or that the product(s) have been "delivered" at the time of signing for receipt of the same at the agreed delivery address.

During sales season, during special promotions, Black Friday and on high product turnover dates such as Christmas, delivery dates may be delayed between 48 and 72 hours depending on product availability.

Incidents in delivery

Note any anomaly of the product on the delivery note at the time of delivery. If it has not been possible to record the fact on the delivery note, contact us by email on the same day of delivery, or in any case, within 24 hours of delivery.

Keep in mind the following regulations regarding transport: The delivery note is proof of the condition of the merchandise. The consignee will be obliged to state upon delivery if the shipment is damaged and if the shipment is complete. Claims will not be accepted if they do not appear on the delivery notes or if you make the claim more than 24 hours after delivery. You should not sign a delivery note before receiving the merchandise. If the delivery person says otherwise, do not receive the merchandise or state this fact on the delivery note.

In case of replacement of a defective product: Mister Pistacho undertakes to deliver another product in perfect condition and to collect the defective one. In the event that this change cannot be made, you will be credited in full of any advance amount.

From Monday to Friday from 11:00 a.m. to 9:00 p.m. and on Saturday from 10:00 a.m. to 3:00 p.m., we will respond to all complaints and queries received about the delivery of your order at the email address: info@misterpistacho.es and through the messages left in the form for this purpose in your order.

Only telephone complaints will be attended to from Monday to Friday from 11:00 a.m. to 3:00 p.m.

Transfer of risk and ownership

The risks of the Products will be your responsibility from the moment of their delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or upon delivery, if this occurs at a later time.

Payment Methods

The payment methods accepted by misterpistacho.es are:

CREDIT/DEBIT CARD: After confirming the order and selecting this payment method, you can make the same through BBVA's secure payment gateway without leaving the website.
DIRECT BANK TRANSFER: You can pay easily and securely with your usual online banking information, without a credit card, wallet or virtual accounts using SOFORT's technology and secure payment gateway and without the need to register with SOFORT. The transaction will be confirmed in real time and we will process your order immediately.
ORDINARY BANK TRANSFER: The processing of your order will take longer if you select this payment method, since we need to confirm the payment. Once you select bank transfer as a payment method, you will be shown a summary of your order and by clicking the “I confirm my order” button, the information necessary to make the transfer will appear on the next page.

Please note that orders placed by bank transfer will be sent as soon as we receive payment of the full purchase price, as well as any shipping costs. Therefore, we ask you to make a transfer for the purchase price plus shipping costs, if any, immediately after receiving the order confirmation, and in any case, within 7 days.

Credit card details

Mister Pistacho at no time accesses or records the data related to your credit card, since these are managed and entered directly through the virtual payment gateway of each means of payment that we make available to you, which meet all the conditions of security required by Spanish regulations.

Exchange/return policy

If you are not satisfied with your order, you have a withdrawal period of 14 calendar days from the day you receive the products, as required by law. To return the products during this period, we only ask that you notify us in writing by the following RETURN or WITHDRAWAL FORM, as the case may be, or by sending an email to the address: info@misterpistacho.es indicating the data necessary to locate your purchase or using the means available for this purpose on our website. For our part, as soon as we receive your email, we will inform you, by email, of receipt of it.

To comply with the returns deadline, the communication regarding the return of the purchase must be sent before the corresponding deadline expires.

In the event that the return is for reasons attributable to Mister Pistacho (defective product or product that does not match the purchased reference), Mister Pistacho will be responsible for collecting the products and/or exchanging them for the correct one, taking charge of the costs associated with this return and /or change.

In the event that the return is for reasons not attributable to Mister Pistacho such as changes in color or other characteristics, which are due to a change of mind or error on your part when making the purchase, you must be the one in charge of returning it to us. or directly deliver the products to us in perfect condition without any undue delay and, in any case, no later than 14 calendar days after receipt of the products. Likewise, you must be the one who assumes the direct cost of returning the products.

Mister Pistacho will proceed to make the refund within 14 calendar days from the date on which we are informed of the decision to return the purchase and will do so using the same payment method used by the customer for the initial transaction. Mister Pistacho reserves the right to withhold the refund until the products have been received.

You can consult our complete Return and Revocation Policy here.

IMPORTANT: When it is a personalized or made-to-order product (ordered exclusively for you and under your responsibility), it cannot be returned, unless, of course, we have made an error when preparing your order or the product has some defect.

Consequences of withdrawal

In case of withdrawal on your part, we will proceed to reimburse you for the payments you have made, including shipping costs in the event that the return is for reasons attributable to Mister Pistacho (defective product or product that does not match the purchased reference), with the exception of the additional costs resulting from your choice of a shipping method other than the least expensive ordinary shipping method that we offer, without any undue delay and, in any case, within 14 days from the date on which the that we have been informed of your decision to withdraw from this contract.

In the event that the return is for reasons not attributable to Mister Pistacho such as changes in color or other characteristics, which are due to a change of mind or error on your part when making the purchase, you must be the one in charge of returning it to us. or directly deliver the products to us in perfect condition without any undue delay and, in any case, no later than 14 calendar days after receipt of the products. In these cases Mister Pistacho will refund all payments received, except shipping costs. Likewise, you must be the one who assumes the direct cost of returning the products.

The refund will be made using the same payment method that you used for the initial transaction, unless otherwise expressly agreed. We will not charge you any expenses as a result of the refund. We may withhold the refund until we have received the products, or until you have provided proof of the return of the products, whichever comes first.

The products must be returned or delivered no later than within 14 days from the date on which you inform us of your decision to withdraw from the contract.

Mister Pistacho will proceed to make the refund within 14 calendar days from the date on which we are informed of the decision to return the purchase and will do so using the same payment method used by the customer for the initial transaction. Isabella Maia de Alcántara reserves the right to withhold the refund until the products have been received.

Exceptions to the right of withdrawal

Some products and services are excluded from the legally provided right of withdrawal, unless otherwise agreed.

According to article 102 of the Consolidated Text of the General Law for the Defense of Consumers and Users, hereinafter TRLGDCU, the exceptions to the right of withdrawal are the following:

Contracts for the supply of goods whose price is subject to fluctuations in market coefficients that the entrepreneur cannot control.
Contracts for the supply of products made in accordance with the specifications of the consumer and user or clearly personalized, or that, due to their nature, cannot be returned or may deteriorate or expire quickly.
Contracts for the supply of sound or video recordings, discs and computer programs that have been unsealed by the consumer and user, as well as computer files, supplied electronically, capable of being downloaded or reproduced immediately for permanent use. .
Contracts for the supply of daily press, periodicals and magazines.
Contracts for the provision of services, the execution of which has begun, with the agreement of the consumer and user, before the end of the period of seven business days.
Betting and lottery service contracts.

IMPORTANT: When it is a personalized or made-to-order product, it cannot be returned, unless, of course, we have made an error when placing your order or the product has a defect.

In the case of contracting services, their execution will begin at the same time as confirming payment for them, giving your express consent when making the payment, thus waiving any right of withdrawal.

Any virtual product, offered under a download system and/or supplied electronically of any type, as well as any software product, is excluded from the right of withdrawal.

Liability and Exoneration of Liability

Our liability in relation to any product or service purchased from our website will be strictly limited to the purchase price of such product. Nothing in these General Terms and Conditions of Sale excludes or limits our liability in any way.

Without prejudice to the provisions of the previous paragraph and to the extent permitted by law, and unless otherwise provided in these conditions, we will not accept any liability for indirect damages that occur as a secondary effect of losses or principal damages, which occur in any way, and whether caused by civil wrong (including negligence), even if they could have been foreseen, including but not limited to the following:

Loss of income or sales.
Loss of business.
Lost profits or loss of contracts.
Loss of anticipated savings.
Data loss.
Loss of management time or office hours.
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of other governments.
Strike, failures or accidents in maritime or river transport, postal or any other type of transport.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of any information transmitted or obtained through this website unless stated. expressly the opposite in it. All product descriptions, information and materials on this website are provided “as is” and without warranties expressed, implied or otherwise derived. To the extent possible as permitted by law, we exclude all warranties, leaving aside those warranties that cannot legitimately be excluded against consumers. The provisions of this clause will not affect your rights recognized by law as a consumer, nor your right to withdraw from the Contract.

Intellectual property

You acknowledge and agree that all copyright, trademark and other intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have granted us a license for their use. You may use such material only in the manner expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

Written communications

The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

Notifications

The notifications you send us should preferably be sent through our contact form. Unless otherwise stipulated, we may send you communications either to the email or to the postal address provided by you when placing an order. It will be understood that notifications have been received and have been correctly made the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that notification has been made, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , which was sent to the email address specified by the recipient.

Events beyond our control

We will not be liable for any failure or delay in performance of any of the obligations we assume under a contract, the cause of which is due to events beyond our reasonable control ("Force Majeure Event"). Causes of Force Majeure will include any act, event, failure to perform, omission or accident that is beyond our reasonable control and will include in particular (without limitation) the following:

Acts, legislation, decrees, regulations or restrictions of any government or public authority.
Strike, failures or accidents in maritime or river transport, postal or any other type of transport.
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.
Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.

It will be understood that our obligation to perform under any Contract will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the period to comply with our obligation for the duration of such period. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution by which we can perform our obligations under the Contract despite the Force Majeure Event.

Resignation

If during the term of a contract, we stop insisting on strict compliance with any of the obligations assumed under it or any of these conditions, or if we stop exercising any of the rights or remedies that we were entitled to exercise or file under said contract or these conditions, such fact will not constitute a waiver of said rights or remedies nor will it exonerate you from complying with such obligations. Any waiver by us of requiring performance will not constitute a waiver by us of requiring further performance. No waiver on our part of any of these conditions will take effect, unless it is expressly stipulated that it is a waiver and it is communicated to you in writing in accordance with the provisions of the notification section above.

Nullity and ineffectiveness of the clauses

If any clause included in these Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision, these General Conditions subsisting in everything else, such provision being considered not included.

Our right to modify these conditions

We have the right to review and modify these conditions at any time. You will be subject to the policies and conditions in force at the time you place each order, unless by law or decision of government agencies we must make changes in said policies, conditions or in our Privacy Policy, in which case, the possible changes will also affect the orders you had previously placed.

Comments and suggestions

Your comments and suggestions will be well received. We kindly ask you to send us such comments and suggestions through our contact form.

Applicable Law and Jurisdiction

These General and Sales Conditions are governed by Spanish Law. For any litigation matter or matter that concerns the Mister Pistacho website, property of “Mister Pistacho, SL”, Spanish legislation will apply. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's domicile. Likewise, in the event of disputes relating to online recruitment and advertising, data protection and protection of minors, the user may use the ODR online dispute resolution platform of the European Commission and present, if necessary, a claim through from the following link:

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

You can find more information about the platform for resolving disputes for online purchases on the website of the European Consumer Center in Spain:

https://cec.consumo.gob.es/CEC/web/noticias/litigios_linea.htm

Access to the Mister Pistacho website through the TLDs www.misterpistacho.es, *.misterpistacho.es and/or misterpistacho.es implies acceptance of all the conditions expressed above. For any questions related to these Conditions, you can contact us by sending a communication to the email address: info@misterpistacho.es.