COSAS #Shop & Preloved Shop
Updated: 06/08/2023
This document represent the standard terms of sale and delivery (hereinafter, the “General Conditions”) for regulating the placement of electronic comme orders and, payment and delivery of products grouped under the category “Cosas Shop” adn “Preloved˝ (hereinafter, “Cosas Shop Products” and “Preloved Products” respectively or “Products”), offered by SANCAL DISEÑO, S.L. (hereinafter, the “Vendor”) through its web site https://www.sancal.com (hereinafter, “sancal.com” or “web site”). 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 categories, being applicable for any transaction executed with the Vendor, unless a special agreement is settled thereon.
Products in any other category on the aforementioned web site and transactions with the Vendor through any other sales channel are not covered by this agreement. For professional business to business purchases please refer to the terms and conditions published in the Vendor’s general price list. Customers that have made purchases through a third party, for example a distributor or any other electronic commerce platform, are subject to the third party’s terms of sale and should contact them for further information.
1. Identification of products.
1.1. The Products offered through sancal.com 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 sancal.com are only available for shipment to the European Union while Preloved Products can only be shipped to mainland Spain.
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 offer of Products made through the website does 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. 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 the Customer any amount that might have been 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, 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. Prices.
3.1. The prices of the Products offered are those that appear on sancal.com in real time. This price includes VAT and includes standard shipping costs per the minimum total order stipulated on sancal.com in the Cosas Shop and Preloved sections. Any additional transport costs will be applied to the total before payment is made
3.2. The Vendor has the exclusive right to vary the price of the Products, including the prices corresponding to the appropriate sales periods or as an online auction. 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. Payment.
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, PayPal or bank transfer 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 their 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 to 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 Vendor.
5.2. It will not be considered that there is a breach by the Vendor until a period of 30 working 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.
5.4. The Customer can request to pick up the Products when making their order. A delivery time and date must be agreed between the parties during the Vendor’s working day. Failure to pick up the goods by the Customer within 30 working days by the Customer may result in an order cancelation with the corresponding reimbursement of any previous payments upon discretion of the Vendor.
6. Liability and guarantees.
6.1. Vendor guarantees that the Products will be delivered under the conditions described on the website, and that the Customer accepts. In case the purchase has been made as a consumer and user, the Vendor offers guarantees on the Cosas Shop Products and Preloved Products sold through its web store, in the terms legally established for each type of product. This guarantee includes, the lack of conformity due to manufacturing defects or hidden defects that become apparent during the three years following delivery of the Product. The Customer understands and accepts that the Preloved Products have been previously used and will therefore exhibit faults, including soiling, stretched fabrics, scratches and other defects that, however, do not render the Product as structurally unsuitable for their primary use and agree that these are not motives to make a claim being these circumstances excluded of the above referred guarantee. The Customer can view the Preloved Products before purchasing by requesting an appointment on sancal.com
6.2. In the case of lack of conformity, the Customer must inform the Vendor within a maximum period of three years from its reception by means of the relevant form present on the Account web page. The Vendor must state within 48 working hours what it considers. In the case of confirming the lack of conformity, the decision to replace or repair the item or offer a refund will be at the Vendor’s discretion. 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 within a limit of 20 days. If the Customer has picked up the goods from Vendor, they must return the defective or unwanted Products in good condition, similarly, those Products returned using a transport company nominated by the Vendoer must be packed carefully and, if necessary, handed to the transport company at the curbside. The return transport service for Sancal Preloved products is subject to a charge.
6.3. Unless expressly provided otherwise, the Vendor’s liability in respect of any Product purchased through the web store on sancal.com 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.
6.4. The Vendor has adopted adequate safety measures for the sale of the 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 in the same conditions and to the same drop off point as the initial sale, therefore, if the Customer has picked up the Products they will be responsible for returning them to the Vendor’s depot.
8. Intellectual property of the brand.
8.1. The Vendor has duly registered and protected all the elements of the website 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 and Preloved 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.
10.1. The data are placed in a file owned by SANCAL DISEÑO S.L. and are used for the purposes of this contract and in accordance with the Privacy Policy. The data shall not be transferred to third parties except in the legal cases thus provided for in European and national regulations. In accordance with the European Data Protection Regulation and the Organic Law on Data Protection, you may exercise your rights of access, rectification, cancellation and, where appropriate, opposition by electronic, telephone or postal communication.
11. Validity.
11.1. These Terms cancel all prior terms and conditions and may vary without prior notice.
12. Sundry.
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.