Legal notice and purchase conditions

This document (together with all the documents to which it refers) established the terms and conditions of use of this website (www.santacole.com) (hereinafter, the “Website” or the “Platform”) and the purchase of products on the Platform (hereinafter, the “Terms and Conditions”) on behalf of Santa & Cole as owner of the product catalogue offered on the website.

Please read these Terms and Conditions, our Cookie Policy and our Privacy Policy carefully before using the Platform. You must respect all the rules that govern the use of the Platform. Before placing an order, you must also expressly accept these Terms and Conditions and read the information provided in our Privacy Policy, as you will be  bound by them. If you do not agree to all of the Terms and Conditions, you must not use the Platform. Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions herein, as well as any other legal provision that may apply.

Identification data

Trade name: Santa & Cole

Company name: SANTA & COLE NEOSERIES, S.L.

Tax ID Number: B63879597

Registered office: Ctra. C-251 km. 5,6 08430 La Roca

Phone: +34 938462437

e-mail: hola@santacole.com

Registered in the Registry (Commercial / Public): Barcelona, volume 37662, folio 190 Sheet B-307.793, Inscription 1a.

Domain name: santacole.com

Use of our Platform

By using the Platform and placing orders through it, you agree to:

  • Use the Platform for legally valid consultations or orders only.
  • Not place any false or fraudulent orders. If we reasonably believe that an order of this kind has been placed, we shall be entitled to cancel it and inform the relevant authorities.
  • Provide your email address, postal address and/or other contact information truthfully and correctly. We may also 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 our Platform, you declare that you are over 18 years of age and have legal capacity to enter into contracts.

Service availability

The items offered through the web are available for shipment within Spain and some other foreign countries that you will find listed on the web.

The user shall refrain from using the website or exporting its contents in violation of Spanish and European law. If you access this website from outside Spain, the user shall be solely responsible for complying with all applicable local laws.

Particularly, the user accepts to know that the final prices may variate in the retail price due to exchange rate differences that may occur between the time of setting the reference price and the time of purchase.

How to place an order

To place orders, you must either go through the guest checkout process or register to obtain a User Account, always providing a valid billing address and payment information. Moreover, you must be of legal age in the jurisdiction to which you are under. Once the order has been formalized and the particular conditions have been accepted, Santa & Cole will confirm the details of the purchase process by e-mail. Additionally, this information will appear within the User Account. If the confirmation communication sent by Santa & Cole is erroneous or does not meet your requirements, you must proceed to modify or cancel it.

Prices

The sales prices indicated in Santa & Cole website is expressed in euros (EUR €), except otherwise indicated. The prices constitute an invitation to the user to make payments in favor of Santa & Cole, and should not be interpreted as directly binding on Santa & Cole, so that if there is any error in the indication on any page of the website we will inform you and the order will be cancelled.

Purchases to be delivered within the territory of any of the member states of the European Union will be subject to VAT or equivalent tax.

Purchases to be delivered to territories of non-member states of the European Union, the Canary Islands, Ceuta or Melilla shall be exempt from VAT. Nevertheless, the taxes applicable in such territories shall apply, as the case may be.

Santa & Cole expressly reserves the right to modify without prior notice both the prices and the commercial offers presented in our website regarding products, promotions and other commercial and service conditions at any time. As a user you must check the conditions of the offer before requesting any product or service.

Santa & Cole may, from time to time, display provisional information on some products. In the event that the information provided does not correspond to the characteristics of the product, you will have the right to cancel your purchase without incurring in any costs.

In the event of import duties and/or customs formalities, these costs shall be borne by the purchaser.

Taxes applied will always be in accordance with current legislation.

Payment methods

You can pay for your purchases through external virtual payment platforms (TPV) Visa or Paypal. In order for Santa &Cole to be able to take the appropriate steps, you must notify us as soon as possible of any undue or fraudulent charge in the payment method used for the purchase on which the infringement has occurred.

Failure to notify Santa & Cole within 24 hours will exonerate Santa & Cole from any liability for the refund.

To ensure that your purchases in our website are secure, we use authorized payment agents that help us to validate directly with your bank that the card is valid for the purchase. Our payment agent will process your card in accordance with the international PCI DSS security standards, developed by the banking companies VISA, Mastercard, Diners, American Express and JBC. With this, we certify that your card details are processed with high level of security. To ensure that your purchases are as secure as possible all your information will be sent in encrypted form using SSL (Secure Sockets Layer) protocols, this means that all information will be transmitted over a secure connection and that your card details cannot be read by third parties.

Technical means of correcting errors

In case you notice that there has been an error when entering your personal data during your registration as a user of the Platform, you can make any necessary changes in the “My Account” section.

In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting customer service through the e-mail address hola@santacole.com, as well as to exercise your right to rectification in accordance with the provisions of our Privacy Policy.

Our Platform displays confirmation windows in several sections of the purchase process that do not allow you to proceed with your order if the data in these sections have not been entered correctly. Also, the Platform lists the details of all the items you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order. If you notice an error in your order after the completion of the payment process, you should immediately contact our customer service department, at the email address mentioned above.

Product availability

All orders are subject to product availability. If there were any difficulties concerning the supply of products or if there were no items left in stock, we will refund any amount you may have paid.

Shipping and delivery

For physical products, Santa & Cole will make available as many shipping methods as possible under the agreements reached between Santa & Cole and different logistics service providers.

  • For shipments within Spain, the usual delivery time is between 3 and 5 working days for products in stock.
  • For international shipments within Europe the usual delivery time is between 5 and 7 working days, depending on the country of destination.
  • For art pieces, the usual delivery time is between 10 and 15 working days. For international shipments within Europe, the usual delivery time is between 15 and 20 working days, depending on the country of destination.
  • For orders including larger products, designer editions and art pieces, delivery may be subject to a longer delivery time. If you have any doubts about the delivery time, you can contact us by sending an email to hola@santacole.com.

Santa & Cole will choose the most appropriate company to make the shipment according to type and geographic region. It will arrive directly to the shipping address you have provided. It is required someone’s presence at that address during working hours and a contact telephone number (with a margin of 4-5 hours to coordinate the delivery).

The shipping cost will be calculated by the system during the purchase process and will depend on the country of destination and the product selected.

If for availability reasons, a product cannot be delivered within the deadlines indicated during the purchase process, Santa & Cole will contact the customer via email within a maximum period of 48 working hours. The customer may choose to cancel its order without being charged any additional cost.

In the event of a variation in the price of the shipment, Santa & Cole will inform you by email of the variation and you may choose to cancel your order without being charged any additional cost. By placing your order, you understand and accept that the price of shipping, delivery times, quality of service and delivery point, are subject to the different modes of transport available for different shipping areas and to the availability of the product chosen. Santa & Cole does not ship on holidays, Saturdays or Sundays.

Additionally, delivery times may be altered by extraordinary incidents in the logistics services company/s, by difficulties in the delivery of the merchandise and/or by force majeure; in any case, no delay in delivery with respect to the indicated delivery times will entitle the purchaser user to demand any compensation.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. For the purposes of this Legal Notice, it will be understood that “delivery” has occurred or that the order has been “delivered” at the moment in which you, or a third party indicated by you, acquires material possession of the products, which will be evidenced by the signature of the receipt of the order at the agreed delivery address.

If we are unable to deliver your order, your order will be returned to our warehouse. We will also send you an email to arrange another delivery date. If you are not at the place of delivery, we ask you to contact us to arrange a delivery or withdrawal of the product.

If after 30 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will refund to you all payments received from you, including delivery charges (with the exception of additional charges resulting from your choice of a delivery method other than the least expensive ordinary delivery method offered by us) without undue delay and in any event not later than 14 days from the date on which we consider the contract to be terminated. Please note that the transport resulting from the termination may have an additional cost, and we shall be entitled to charge you the corresponding costs.

Returns

The provisions of Royal Decree 1/2007 of 16 November 2007, approving the revised text of the General Law for the Defence of Consumers and Users, and other complementary laws, shall apply.

You will have 14 working days from reception of the purchase to return it. You must notify Santa & Cole within the stipulated deadline and by any means of communication admitted by law, your wish to exercise your right of withdrawal.

You may return any item you have purchased on Santa & Cole website . Please note that no refund will be made if the product has been used beyond the mere opening of the product, products that are not in the same condition in which they were delivered or have suffered any damage, so you should be careful with the product/s while they are in your possession. Please return the item(s) using or including all original packaging, instructions and any other accompanying documents.

Return delivery costs will be borne by the customer. In these cases Santa & Cole will refund the purchase price by means of a credit note through the same payment method used in your purchase. Santa & Cole will not refund the amount nor will it resend any merchandise until it has verified the reception and condition of the packaging and accessories of the item being returned.

Conditions regulating the return of the product:

  • Faulty products:: Santa & Cole replace the faulty good with the same item or reference once the faulty product has been received. In this case, only the first shipment will be invoiced, and Santa & Cole will be responsible for the return and new shipment costs. In case you wish to exchange the faulty product for another item or reference, you will cover the return and new delivery In the event  of product damage or non-compliance during shipping, you must notify Santa & Cole within 7 natural days after receiving the goods by email to  hola@santacole.com.
  • Wrongproduct: Santa & Cole will bear the cost of collecting the wrong product and sending the right item that was ordered.

In any case, please note that personalized products cannot be returned and/or cancelled.

Guarantees

If you contract as a consumer and user, you will be subject to the provisions of  Royal Decree 1/2007 of 16 November 2007, approving the revised text of the General Law for the Defence of Consumers and Users, and other complementary laws.

In  incidents that justify the use of the warranty, you will opt for repair, replacement of the item, discount or refund, according to the established legal terms.

It is understood that the products are in conformity with the contract provided that (i) they y match our description and have the characteristics we presented on the Platform, (ii) they are suitable for the uses to which products of the same type are ordinarily intended and (iii) they offer the normal quality and features it would be reasonable to expect from the same type of product.

In this regard, if any of the products are not in conformity with the contract, you must immediately inform us (at the latest within 48 hours after you have opened the package), providing the details of the product, as well as the damage it suffers.

The amounts paid for the products that are returned because of any defect, when said defects really exist, will be refunded in full, including delivery charges incurred to deliver the item and the costs you would have incurred to return it to us. The refund will be made by the same means of payment that was used to pay for the purchase. In any case, the rights recognized by the legislation in force remain unaffected.

Intellectual and industrial property rights

The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, designs, logos, text and/or graphics, are the property of Santa & Cole or, if it is the case, are licensed or expressly authorized by the authors. All the contents of our web site are duly protected by intellectual and industrial property regulations, as well as registered in the corresponding public registries. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialization, requires in any case the prior written authorization of Santa & Cole. Any use not previously authorized is considered a serious breach of the author’s intellectual or industrial property rights.

The designs, logos, text and/or graphics not belonging to Santa & Cole and which may appear on our web site belong to their respective owners, who are themselves responsible for any possible controversy which may arise with respect to the same. Santa & Cole expressly authorizes third parties to redirect directly to the specific contents of the web, and in any case to redirect to the main web site www.santacole.com.

Santa & Cole recognizes in favor of its owners the corresponding intellectual and industrial property rights, and their mere mention or appearance on the web does not imply the existence of any rights or responsibility whatsoever over them, nor any endorsement, sponsorship, or recommendation on the part of Santa & Cole.

To make any comments regarding possible breaches of the rights of intellectual or industrial property, as well as any of the contents of the website, you can do so via email lopd@santacole.com.

Link Policy

From the website, it is possible that you may be redirected to contents of third party websites. Santa & Cole cannot always control the contents introduced by third parties in their respective websites, therefore, it does not assume any type of responsibility with respect to said contents. In any event, we will proceed to the immediate removal of any content that could contravene national or international legislation, morality, or public order, proceeding to the immediate withdrawal of the redirection to said website, and informing the competent authorities of the content in question.

Santa & Cole is not responsible for the information and contents stored, including but not limited to, in forums, chats, blog generators, comments, social networks or any other means that allow third parties to publish contents independently on the Santa & Cole web page. However, and in compliance with the provisions of articles 11 and 16 of the LSSICE, it is made available to all users, authorities, and security forces, actively collaborating in the removal, or blocking of all content that may affect or contravene national or international law, the rights of third parties or morality and public order.

If you consider that there is any content on our website that could be susceptible to this classification, please write to us at hola@santacole.com

Our website has been checked and tested for proper operation. Theoretically, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, we do not rule out the possibility of certain programming errors, or force majeure, natural disasters, strikes or similar circumstances which make it impossible to access our website.

IP Addresses

Santa & Cole’s website servers may automatically detect the IP address and domain name used. An IP address is a number automatically assigned to a computer when it connects to the internet. All this information is recorded in a duly registered server activity file that allows the subsequent processing of the data to obtain purely statistical measurements that make it possible to know the number of page impressions, the number of visits made to the website servers, the order of visits, the access point, etc.

Viruses, hacking and other cyberattacks

You may not make undue use of the Platform by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically  harmful or damaging program or material.

You may not try to gain unauthorized access to the Platform, the server on which the Platform is hosted, or any server, computer or database related to the Platform. You undertake not to attack the Platform through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause may lead to offenses as described in applicable law. We will inform the competent authorities of any breach of such regulations and will cooperate with them to discover the identity of the attacker.

Furthermore, anyone in breach of this clause will immediately no longer be authorized to use the Platform. We will not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging material that may affect your computer, computer equipment, data or materials  as a result of using  the Platform or your downloading content from the Platform.

Exemption from liability

Santa & Cole is exempted of any liability for the information published on our website if it has been manipulated or introduced by a third party outside the organization.

In addition, we shall not be held liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control (Force majeure event). Force majeure causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following:

  • Strikes, lockouts or other industrial action.
  • Civil unrest, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosions, storms, floods, earthquakes, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, boats, airplanes, motor vehicles or other means of transport, public or private.
  • Impossibility to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Our obligations will be deemed to be suspended for the period during which the Force Majeure Events continues, and we will be allowed to extend the time in which ourobligations must be fulfilled by for as long as the duration of the Force Majeure event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations despite the Force Majeure event.

Applicable law and jurisdiction

For the resolution of all controversies or questions related to Santa & Cole website or the activities carried out therein, Spanish legislation shall be applicable, to which the parties expressly submit themselves, and the Courts and Tribunals closest to LA ROCA DEL VALLÈS shall be competent to resolve all conflicts arising from or related to its use.