All commercial relations between Santa & Cole Neoseries S.L. (hereinafter S&C) and its customers shall be governed by the following conditions, which shall govern the commercial sale and which shall be understood as fully binding on formalizing an order with S&C through our Website www.santacole.com
S&C reserves the right to modify the presentation and configuration of the Website, in addition to these General Conditions of On-line Sale. S&C therefore recommends carefully reading them whenever placing a purchase order through this Website.
The orders must be placed by completing all the compulsory fields. 48 hours after receipt of the order, the customer may not cancel it without the express approval of S&C.
The delivery times given by S&C are purely for information. The delays in delivery do not authorize the purchaser to cancel the order or to apply penalties or indemnities, unless expressly agreed otherwise.
The technical information provided by S&C on its products, in relation to models, dimensions, materials and characteristics, may be modified and is present for GUIDANCE only. The technical information supplied does not bind S&C legally to its strict literal fulfilment. The photographs of the products used both in the basket and in the e-mail message confirming the order may not correspond exactly to the product received. These photographs are presented for GUIDANCE only with a view to offering sensible and honest guidance on the purchase.
3. PRICES EXCLUSIVE OF VAT
The sale prices are governed by the Price List in force which cancels any previous one. The prices indicated DO NOT INCLUDE THE VAT (Value Added Tax) applicable in Spain, which is 21%, unless legally modified. In all cases the prices applied will be those that are confirmed on the on-line sale order summary.
The guarantee of all S&C products against any defect attributable to manufacture is that established by law, provided that this defect does not occur due to an inadequate installation or use of the products. The guarantee covers the replacement of the product and the carriage.
For those products that S&C distributes but does not produce, the guarantee which covers the products distributed is that issued by the manufacturer.
The carriage of the goods will always be for the account of S&C (carriage paid). The estimated time of delivery may be subject to delays beyond our control. Should there be a delay in the delivery of our products, our Customer Service Department will contact the customer by e-mail to duly inform them.
6. DELIVERY ONLY IN PENINSULAR SPAIN
The products shown in S&C’s on-line shop are only available for delivery within peninsular Spain.
7. INCIDENTS IN THE TRANSPORT
The customer must check the good condition of the package in front of the haulier who delivers the products requested on behalf of S&C, indicating on the delivery note any anomaly which they may detect in the packing.
If on reviewing the products the customer detects any incident such as a knock, breakage, signs of having been opened or any other damage, the customer must notify the haulier or S&C, as soon as possible and within a maximum of TWO WORKING DAYS from the delivery.
8. CLAIMS AND RETURNS
The customer shall be entitled to claim from S&C any defect in the quantity or quality of the goods received, pursuant to the Spanish legislation in force. Under no circumstance shall S&C be responsible for defects of the products, or for damage caused to the customer or to third parties, attributable to their incorrect use.
To be able to submit claims, S&C makes available to its customers a local distributor (of their choice), who will attend to them to the best of their ability.
Product returns are not accepted, except with the express written consent of S&C.
9. CONDITIONS OF PAYMENT
The payment of the total price of our goods must be made using the virtual POS and shall always be made in advance. S&C reserves the right to choose the most appropriate virtual POS for its interests and to modify it when it considers this to be convenient.
10. DEFENCE OF INTELLECTUAL PROPERTY
The design of S&C’s products, in addition to the catalogues themselves, is protected by the national and international Laws and Treaties on Intellectual and Industrial Property. Any unauthorized use of them constitutes a breach of the aforementioned rules, and an offence which may be punished in accordance with criminal law. It is strictly forbidden to manufacture, establish, reproduce, distribute, publicly communicate, make available to the public and/or transform totally or partially these designs and/or the catalogues, in addition to any other act of exploitation in relation to them, without the prior written permission of the owners of these rights.
S&C owns the rights to its trademarks. Consequently, their use not authorized in writing is totally forbidden. Failure to comply with this obligation and the consequent breach of the trademark rights shall likewise entail a civil and, if appropriate, criminal prosecution of these breaches, pursuant to the national and international Laws and Treaties in force.
11. APPLICABLE LAW AND JURISDICTION
The sales shall be governed by Spanish commercial legislation and shall abide by the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain), the parties expressly renouncing their own jurisdiction.