Introduction
This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website, property of SANTA EULALIA, S.A. under the commercial brand of Santa Eulalia, hereinafter, PROVIDER, whose contact information also appears in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by SANTA EULALIA, S.A. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable. SANTA EULALIA, S.A. will archive the electronic document where the purchase is formalized and will have it available to the USER in case the USER requests it.
Contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document means that the USER:
- he has read, understands and understands what is stated here.
- he is a person with sufficient capacity to hire
- he assumes all obligations herein
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without may affect the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is SANTA EULALIA, S.A., with registered office at Paseo de Gracia, 93 bajo 08008 Barcelona, NIF A08031734 and with telephone number customer service 932154224
And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.< /p>
The contractual sales relationship involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.
Data rectification
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify this to the email info@santaeulalia.com so that SANTA EULALIA, S.A. correct them as soon as possible.
The USER will be able to keep his/her data updated by accessing his/her user account .
Recruitment procedure
The USER, in order to access the products offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal and detailed data in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, committing to make diligent use of them and not make them available ion of third parties, as well as to communicate to the PROVIDER the loss or theft of the same or the possible access by an unauthorized third party, so that it proceeds to immediately block it.
Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and of Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not send any order until it has verified that payment has been made.
Shipping of goods will usually be made by EXPRESS COURIER (DHL and GLS), according to the destination freely designated by the USER.
Shipping will be made once the availability of the merchandise has been confirmed and payment for the order has been verified.
The delivery time will be between 2 and 6 business days, depending on the destination population and the chosen payment method. The expected shipping and delivery date will be provided prior to the order confirmation.
Lack of execution of the remote contract
If the contract cannot be executed because the contracted product or service is not available within the expected period, the USER will be informed of the lack of availability and will be entitled to cancel. the order and receive a refund of the total amount paid at no cost, and without resulting in any liability for damages attributable to the PROVIDER.
In case of unjustified delay by the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages and losses suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document. .
The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple statement, demand that said lack of conformity be corrected. conformity, price reduction or termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER will have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.
3. RIGHT WITHDRAWAL
Withdrawal form: Download
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the execution of the purchase and sale contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 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 and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in the article 103 of RDL 1/2007, and which are listed below:
- a) The provision of services, once the service has been completely executed, when the execution has begun, with prior express consent of the consumer and user and with their recognition that you are aware that, once the contract has been fully executed by the entrepreneur, you will have lost your right of withdrawal.
- b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
- c) The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.
- d) The supply of goods that, after their delivery and taking into account their nature, have been inseparably mixed with other goods.
All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to info@santaeulalia.es, indicating the corresponding invoice or order number. .
In the event that the return was not made with the original delivery packaging, the PROVIDER may charge the cost of €10 to the USER, previously informing it through the same communication channel. used.
Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation costs at their expense, in the address of SANTA EULALIA, S.A., Paseo de Gracia, 93 Bajos 08008 Barcelona
4. CLAIMS AND DISPUTE RESOLUTION ONLINE
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postal: SANTA EULALIA, S.A., Paseo de Gracia, 93 bajo 08008 Barcelona
Telephone: +34932154224
E-mail: info@santaeulalia.com
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Debt Resolution Body.and litigation, which acts as an intermediary between both. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.< /p>
The USER declares to have read, know and accept these Conditions in their entirety.
7. OVERVIEW OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of SANTA EULALIA, S.A. or as stipulated here, will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the purchased product.
All prices shown on pages for countries outside the European Union* do not include VAT, do not include shipping costs or other applicable taxes, unless otherwise specified. Please specify otherwise.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total . Prices may change daily while the order is not placed.
Once the order is placed, prices will be maintained whether products are available or not.
Every payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number +34932154224 or via email to the address info@santaeulalia. com
9. TRANSPORTATION EXPENSES
The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless expressly agreed otherwise in writing.
Shipping will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.
Check our rates and deadlines here.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
Santa Eulalia accepts the following payment methods to purchase in the online store:
- Credit card (VISA, MasterCard, American Express, Union Pay...)
- Paypal, Pay in 3
- Apple Pay
- Google Pay
- Sequra (payment in installments, Spain only)
- Bizum (Spain only)
- Klarna (Eurozone, except Spain)
For your added security, credit card payments will be processed through the 3D Secure system, so you may need to provide your security code on the 3D Secure website. your bank. In compliance with current legislation in Spain, we must issue an invoice for purchases over €3,000. In these cases, we will ask you to provide us with your NIF. When placing the order, the Client must enter the payment information in the corresponding form. Santa Eulalia will not store the Client's payment card number or security code.
Payment card holders are subject to validation and authorization checks by the card issuing entity. If the issuing entity of the payment card does not authorize the payment to Santa Eulalia, the Client must contact the issuing entity of their card to resolve the problem. In such case, Santa Eulalia will not be responsible for any delays or non-delivery that may occur.
In the event that the user makes the payment by credit card, the bank details will be transmitted through a secure protocol to the bank in charge of providing the respective remote electronic payment services, without under no circumstances can any third party have access to them. Such data will never be used by Santa Eulalia except in order to complete the procedures related to the purchase, issue the corresponding refunds in the event of possible returns and prevent and inform the police forces in the event that it is committed or is about to be committed. committed some fraud. The purchase amount will be charged at the time the order is confirmed and the confirmation is sent to the Customer.
Security measures
The website uses generally accepted information security techniques in the industry, such as SSL, secure data entry, firewalls, access control procedures and cryptographic mechanisms, all this in order to avoid unauthorized access to the data. To achieve these purposes, the user/client accepts that the provider obtains data for the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage the goodwill of the themselves or negatively influence them.
It is prohibited, under the card brand programs, to sell or offer a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant o Holder of the card or cards.
11. PURCHASE PROCESS
Any product from our catalog can be added to the basket. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment on both sides.
From the basket you can place an order by following the following steps for its correct formalization:
- - Checking the billing information.
- - Checking the shipping address.
- - Selection of the payment method.
- - Place the order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER'S management department and another to the USER's email confirming the placement of the order.
Orders (purchase requests)
Prior to order confirmation, information about the status of the order and the approximate shipping and/or delivery date will be provided.
12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.< /p>
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that apply to you.
When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to THE PROVIDER .
13. GUARANTEES AND RETURNS
The guarantees will respond to what is regulated in the Title referring to "Guarantees and after-sales services" 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 and other complementary laws, which you can access by clicking here
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. Any controversy that may arise from the provision of the products or services that are the subject of these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place where the obligation is fulfilled or the place where the property is located if it is real estate.
