Terms of service
GENERAL TERMS AND CONDITIONS OF CONTRACT
Introduction
This contractual document regulates the General Terms and Conditions for contracting author perfumes and other products (hereinafter, "Terms") through the website https://santiburgas.com, owned by ANTCORPS, SL, under the trade name SANTI BURGAS, hereinafter, the PROVIDER, whose details are also found in the Legal Notice of this Website.
These Terms must remain published on the website and available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by ANTCORPS, SL. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders will apply. ANTCORPS, SL will archive the electronic document in which the purchase is formalized and will make it available to the USER should they request it.
Contracts will not be subject to any formality, except in cases expressly indicated in the Spanish Civil and Commercial Codes and in this law or other special laws.
Acceptance of this document implies that the USER:
• Has read, understands and comprehends what is set forth herein.
• Is a person with sufficient capacity to contract.
• Assumes all obligations set forth herein.
These obligations will have an indefinite period of validity and will apply to all contracts made through the PROVIDER's website.
The PROVIDER informs that it is responsible for and aware of the current legislation of the countries to which it sends products and reserves the right to unilaterally modify the conditions, without this affecting goods or promotions acquired prior to the modification.
Identity of the contracting parties
On one hand, the PROVIDER of author perfumes and other products contracted by the USER is ANTCORPS, SL, with registered office at C/ Sant Agustí 24 - 17257 - Torroella de Montgrí - Girona (SPAIN), Tax ID B55067508 and customer service telephone +34 972 758 377.
And on the other hand, the USER, who may purchase products as a guest or register on the website using a username without a password, which works with a one-time code sent by email, for which they have full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual sales relationship established between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual sales relationship entails the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in documents generated by the contractual relationship, they may notify info@santiburgas.com so that ANTCORPS, SL can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and may register through the website by creating a user account or purchase products without registering (as a guest). To do so, the USER must provide freely and voluntarily the personal data requested, which will be processed in accordance with the provisions of Spanish Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Spanish Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal data and as detailed in the Legal Notice and Privacy Policy of this website.
BUY AS A GUEST:
Search for the PRODUCT/S, click on “ADD TO CART”. The cart opens automatically each time a product is added. If you want to access the cart you must click on the “SANTI BURGAS BAG” icon in the upper right menu. To complete the purchase, click on the “PAY ORDER” button at the end of your cart.
CHECK YOUR CART and enter your personal and payment details. If you are already registered, click on “LOG IN” so that your details are entered automatically. We remind you that you do not need to be registered to place orders on our website, you can do so as a “guest”!
Once the purchase is complete, you will receive an email with the order confirmation and when it is ready to ship, you will receive a second email with the tracking number.
TO CREATE AN ACCOUNT:
If the USER wants to create an account: they must click on the “person” icon, log in and click on “create account” where they must fill out the form with their name, surname, email address and password. The USER undertakes to make diligent use of their password and not to make it available to third parties, as well as to inform the PROVIDER of the loss or theft of the data or of possible access by an unauthorized third party, so that the latter can block it immediately.
If the USER already has an account and wants to log in: they must click on the “person” icon – log in and enter their email and password. Then click on the button: “log in”. If you have forgotten your password, you can click on the link: Forgot your password? to be able to reset it.
The advantages of having an account at SANTI BURGAS PERFUMS are that you will be able to access your order history and you will not have to enter shipping and/or billing information every time you place an order.
Once the user account has been created, it is informed that in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
- General contracting clauses
- Shipping and delivery of orders.
- Right of withdrawal.
- Complaints.
- Force majeure.
- Jurisdiction.
- General terms of the offer.
- Price and validity period of the offer.
- Transport costs.
- Payment method, charges and discounts.
- Purchase process.
- Dissociation and suspension or termination of the contract.
- Warranties and returns.
- Applicable law and jurisdiction.
The USER also has the following login options:
• Login with Shop
• Social login with Google and Facebook
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the latter.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until payment has been verified.
Shipments will usually be made via EXPRESS COURIER (DHL PARCEL, DHL EXPRESS, SEUR, UPS, etc.), according to the destination freely designated by the USER.
Shipping will be carried out once product availability has been confirmed and payment verified.
The delivery period ranges from 2 to 7 business days, depending on the destination and payment method chosen, and delivery time may be extended for remote destinations.
Failure to execute the distance contract
In the event that the contract cannot be executed due to unavailability of the product or service within the expected timeframe, the USER will be informed of the unavailability, and may cancel the order and receive a full refund at no cost, without any liability for damages attributable to the PROVIDER.
If there is an unjustified delay in the refund of the full amount by the PROVIDER, the USER may claim double the amount due, without prejudice to their right to be compensated for damages suffered that exceed this amount.
The PROVIDER will not assume any responsibility if the delivery of the product or service is not completed, if the data provided by the USER is false, inaccurate or incomplete.
Delivery will be considered completed when the carrier makes the product available to the USER and the USER or their delegate has signed the delivery receipt document.
The PROVIDER will be liable to the USER for any lack of conformity that exists at the time of order delivery, and the USER may, through a simple declaration, require the correction of this lack of conformity, a 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 portion 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 to state all warnings and claims that may be justified in the delivery receipt document.
In the event that the contract does not involve the physical delivery of any product, but rather a download activation on a website, the PROVIDER must inform the USER in advance regarding the procedure to be followed to perform this download.
3. RIGHT OF WITHDRAWAL
Withdrawal form: FORM
The USER has a period of 14 calendar days from receipt of the product, or from the subscription of the sales contract if it were the provision of a service, to exercise the right of withdrawal, in accordance with Spanish 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 Spanish laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation about 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 Spanish Article 105 of the RDL 1/2007.
The right of withdrawal will not apply to contracts referred to and listed in Article 103 of the RDL 1/2007, which are listed here.
Any return must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose or by email to info@santiburgas.com, indicating the corresponding invoice or order number. If the USER has an account, they can request the return through the account by clicking on: RETURN.
If the product is not returned with the original packaging, the PROVIDER may charge the USER a cost of €20, informing them in advance through the same communication channel used.
When the USER has received the return number, they must send the product to the PROVIDER, indicating this number on the shipping letter, with transport costs borne by the USER, to the address of ANTCORPS, SL, C/ Sant Agustí 24 - 17257 - Torroella de Montgrí - Girona (SPAIN).
4. COMPLAINTS
Any complaint that the user deems appropriate will be addressed as soon as possible. Complaints can be made at the following contact addresses:
Postal address: ANTCORPS, SL, C/ Sant Agustí 24 - 17257 - Torroella de Montgrí - Girona (SPAIN) Telephone: +34 972 758 377
Email: info@santiburgas.com
5. FORCE MAJEURE
Neither party will be liable for breaches due to force majeure. Performance will be delayed until such force majeure cause ceases.
6. JURISDICTION
The USER is prohibited from assigning, transferring or transmitting the rights, responsibilities and obligations contracted in the sale.
If any provision 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 undergo any type of modification.
The USER declares having read, understood and accepted these Terms in their entirety.
7. GENERAL TERMS OF THE OFFER
It is understood that all sales and deliveries made by the PROVIDER are subject to these Terms.
No modification, alteration or agreement contrary to the Commercial Proposal of ANTCORPS, SL or to what is stipulated herein will take effect, except by express written agreement signed by the PROVIDER. In this case, these particular agreements will prevail.
8. PRICE AND VALIDITY PERIOD 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 stated otherwise, do not include shipping or communication costs, handling or any other additional service ancillary to the purchased product.
Customs duties and import taxes vary by destination country and will be charged upon delivery by the shipping company.
The prices applied to each product are those published on the website and are expressed in EURO currency. In some countries, the local currency has been enabled to improve the USER experience. The USER acknowledges that the economic valuation of some products may vary in real time.
Before making the purchase, you can check all budget details online: items, quantities, price, availability, transport costs, charges (except customs duties and import taxes), discounts, taxes and the total purchase amount. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that they have provided at the time of placing the order. The USER can download the order confirmation in PDF format by accessing the website management panel with their user account. If they wish to receive the invoice or receipt by email, they must request it through any of the means that the PROVIDER makes available, informing them that they can revoke this decision at any time.
For any information about the order, the USER can contact the PROVIDER's customer service telephone number +34 972758377 or via email at info@santiburgas.com.
9. TRANSPORT COSTS
The prices published in the online store do not include shipping or communication costs, nor installation or download costs, or complementary services, unless expressly agreed otherwise in writing.
Shipping costs are calculated when saving the cart or quote, as they are calculated based on the weight of the products and the delivery address.
FREE SHIPPING for orders over €115.
Spain: €5 for orders under €115.
Europe: €15 for orders under €115.
Rest of the world: €35 for orders under €115.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and enables the following methods to make payment for an order:
• Credit card
• PayPal
• Klarna
• Shop Pay
• Google Pay
The USER may use a discount coupon prior to completing the purchase if they have received one from the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the USER/customer agrees that the PROVIDER obtains data for the purposes of corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank, and that may or has the potential to damage their goodwill or negatively influence them.
Under the credit card brand programs, the following is prohibited: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder or cardholders.
11. PURCHASE PROCESS
Any product from our catalog can be added to the cart. In it, only the items, quantity, price and total amount are displayed. Once the cart is saved, taxes, charges and discounts are calculated according to the payment and shipping data entered.
Carts have no administrative linkage; they are simply a section where a quote can be simulated without any commitment by either party.
From the cart, an order can be placed by following these steps to formalize it correctly:
- Verification of billing data.
- Verification of shipping address.
- Selection of payment method.
- Place the order (purchase).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order placement.
Orders (purchase requests)
Prior to order confirmation, information will be provided about the order status and the approximate shipping and/or delivery date.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is deemed illegal, void or for any reason unenforceable, this condition should be considered severable and will not affect the validity and applicability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with any of the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that are applicable.
When the PROVIDER exercises any of its rights or powers under this Clause, this exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. WARRANTIES AND RETURNS
Warranties will comply with the provisions of the Title referring to "Warranties and after-sales services" of Spanish Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the Spanish General Law for the Defense of Consumers and Users and other complementary laws, which can be accessed by clicking here.
14. APPLICABLE LAW AND JURISDICTION
The applicable law will be Spanish law. In case of conflict or discrepancy in the interpretation or application of these conditions, the competent courts and tribunals will be those determined by the current legal regulations on jurisdiction, taking into account the place of performance of the obligation or the buyer's domicile in the case of final consumers. All this without prejudice to the customer's right to go to the Consumer Arbitration Board of their district. In the case of a purchase made by a company, both parties expressly submit, waiving any other jurisdiction, to the courts and tribunals of Girona, Spain.
The text in English is a translation, thus legal validity shall rest with the original Spanish version.
