Updated: June 2020
This document represent the standard terms of sale and delivery (hereinafter, the “General Conditions”) for regulating the placement of orders and, payment and delivery of products grouped under category “Cosas Shop” (hereinafter, “Cosas Shop Products”), offered by SANCAL DISEÑO, S.L. (hereinafter, the “Vendor”) through its web site https://sancal.com. These General Conditions will be considered accepted in full by you (hereinafter, the “Customer”), at the time you place a purchase order of any of the products offered by the Vendor under the mentioned category, being applicable for any transaction executed with the Vendor, unless special agreement settled thereon.
1. Identification of products.
1.1. The Cosas Shop Products offered through this website are exclusively owned by the company SANCAL DISEÑO, S.L. who reserves all rights for their marketing and distribution.
1.2. For the purposes of their appropriate identification by consumers, the products are described as precisely and accurately as possible, including a reference to the actual color – as far as it may differ from the photography – as well as in relation to the specific materials and measurements. The Vendor rejects any claim that could be based on any of these reasons, beyond the corresponding right of withdrawal of the Customer or those based on a manufacturing defect.
1.3. The Cosas Shop Products offered through this website are only available for shipment to the European Union.
2. Order placement.
2.1. The conclusion of the purchase contract is understood to have taken place at the moment in which the Customer confirms that the order has been placed. This is conditional on the subsequent sending of a confirmation email within a maximum period of ten hours. By authorizing the payment, the Customer expressly consents to the contract and the obligations arising from it.
2.2. The offers of products made through the website do not constitute in any way a binding offer for the Vendor, but in any case, the conclusion of the purchase-sale is subject to the possible availability of the product. In order to be able to verify such availability, the Vendor will offer information about the existence of stock units of each product. Therefore, all orders are subject to product availability. If there are any difficulties in supplying products or if there are no items left in stock, we will refund any amount you may have paid.
2.3. Once the order has been confirmed, no changes can be made and if the Customer wishes to return any of the products purchased, he or she must make use of the appropriate right of withdrawal. In case of wanting to acquire a greater number or different products, the Customer will have to formalize a new order regarding the same ones that will give rise to the conclusion of a new purchase-sale contract for each one of them.
3.1. The prices of the Cosas Shop Products offered are those that appear on the website at each time. Said prices are subject to variation, depending on sales periods or possible offers at the sole discretion of the Vendor. This price includes VAT and includes standard shipping costs for orders with a total amount greater than 60 euros in Spain or Portugal and 100 euros in the European Union.
3.2. The Vendor has the exclusive right to vary the price of the Cosas Shop Products, including the prices corresponding to the appropriate sales periods. The price, for the purposes of exercising the right of withdrawal, shall always and in any case be understood as that in force at the time the contract is concluded, without any right to reimbursement in the event of a subsequent change.
4.1. The payment terms shall be those accepted by the Customer, among the options provided by the Vendor at the time of authorizing the payment. For this purpose, the possibility of making the payment by credit card or PayPal is available. The confirmation of the proper execution of the payment, as well as the email from the Vendor on the confirmation of the order, determines the possibility for the Customer to exercise his corresponding rights as a buyer. However, until this moment, the Vendor is in no way obliged to perform any service, as the purchase contract is not considered to have been concluded.
4.2. Only payments made directly to SANCAL DISEÑO, S.L. will be accepted, with no possibility of payment by third parties. Likewise, SANCAL DISEÑO, S.L. guarantees that it has adopted all the necessary measures to guarantee the security of the payment.
5. Delivery of the products.
5.1. The delivery limit begins to run from the confirmation email, being this period merely a guideline and in no case obligatory for the Seller.
5.2. It will not be considered that there is a breach by the Vendor until a period of 30 days has elapsed since the confirmation email. In the event of exceptional circumstances that make it impossible to deliver the product within the deadline, the Vendor will inform the Customer of these circumstances, as well as of its corresponding rights, and will be exempt from all liability.
5.3. Once the products have been delivered, the risks on the products will be the exclusive liability of the Customer.
6. Liability and guarantees.
6.1. Vendor guarantees that the Cosas Shop Products will be delivered under the conditions described on the website, and that the Customer accepts, being free of faults or manufacturing defects. In case the purchase has been made as a consumer and user, the Vendor offers guarantees on the Cosas Shop Products marketed through its website, in the terms legally established for each type of product. This guarantee includes, in accordance with the legal provisions, the lack of conformity due to manufacturing defects or hidden defects that become apparent during the two years following delivery of the product.
6.2. In the case of lack of conformity, the Customer must inform the Vendor within a maximum period of two years from its reception by means of the form present on the Complaints page. The Vendor must state within 48 working hours what it considers. In the case of confirming the lack of conformity, the possibility of replacing the product with another one free of charge and as soon as possible will be offered. On the other hand, if the Vendor does not appreciate the lack of conformity and the Customer does not want the product, he or she must exercise the corresponding right of withdrawal, as long as there are no defects or faults caused by the product at a later time than the delivery.
6.3. The Vendor shall be liable exclusively for defects, deficiencies or lack of conformity of the products directly resulting from manufacturing defects. It will be understood that there is conformity with the products when these are in accordance with their description, are suitable for their ordinary use and present the usual quality and performance of that type of product.
6.4. Unless expressly provided otherwise, Vendor’s liability in respect of any Cosas Shop Product purchased through our website is strictly limited to the purchase price of such product, and no liability for other damages (including consequential damages and lost profits) will be accepted.
6.5. The Vendor has adopted adequate safety measures for the sale of its products through its website. However, the Vendor is not responsible for any intentional attacks through technologically harmful material, which may affect the computer or computer equipment of the Customer.
7. Right of withdrawal and returns.
7.1. The Customer has the right to withdraw as a consumer from the purchase made within 20 calendar days from the time of delivery of the product without having to provide any justification.
7.2. The purchase contract is understood to be individualized in relation to each of the products purchased, without their joint order implying an overall consideration of the content of the contract. For this purpose, the Customer may and must withdraw from each of the products purchased individually, without the withdrawal of a product implying that of the order as a whole.
7.3. In the event of withdrawal, all payments due will be returned to the Customer as soon as possible and in any case within a maximum period of 20 days. The refund will take place once the goods delivered to the Customer have been received, provided that they are presented in their original packaging and label and will not proceed in those cases where the product has defects or faults produced at a later time than its delivery. The return will take place through the same means in which the payment has been made.
7.4. The right of withdrawal does not apply to personalised items that have been made to the express order of the Customer, or to goods that have been sealed for health or hygiene reasons and unsealed after delivery.
7.5. In the event of return of defective products, the costs of Return will be borne by the Vendor, and the same will provide the Customer, as far as possible, with the same product or a refund of the cost paid for the same, always using the reverse logistics system provided by the Vendor.
8. Intellectual property of the brand.
8.1. The Vendor has duly registered and protected all the elements of the website https://sancal.com and of the commercial brochures used to carry out the sale and marketing of the products and these are the exclusive property of SANCAL DISEÑO, S.L. Therefore, the Customer recognizes that the registered brand and all other industrial and intellectual property rights on the products that are incorporated in the website correspond at all times to the Vendor.
8.2. The Cosas Shop Products are aimed at the final consumer, so SANCAL DISEÑO, S.L. is exempt from any kind of liability in relation to resales that may be made of them. Likewise, the Customer shall not be able to register any intellectual or industrial property rights owned by the Vendor, or any other similar right that could lead to confusion in the marketplace with respect to the SANCAL brand.
9. Jurisdiction and applicable law.
9.1. These conditions will be governed according to Spanish legislation.
9.2. The parties will submit any disagreement that might arise regarding the existence or content of the Conditions, to the Courts and Tribunals of the city of Yecla, Murcia, Spain, expressly renouncing any other forum that might correspond.
10. Framework data protection act.
11.1. These Terms cancel all prior terms and conditions and may vary without prior notice.
12.1. In no event may the Vendor’s failure to exercise, or delay in exercising, any rights, powers or remedies be regarded as a waiver of their exercising. Nor shall the total or partial exercise of any of the rights, powers or remedies at the Vendor’s disposal preclude the future exercise of any other right, power or remedy.
12.2. These terms and conditions shall not apply to special offers, which may be governed by specific conditions and which shall be duly indicated by the Vendor.