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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.

Identification data

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.

Trade name: Santa & Cole

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

Tax ID Number: A63879597

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 43163, folio 100, sheet B 307793, inscription 48.


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.

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:

1. Strikes, lockouts or other industrial action.

2. Civil unrest, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

3. Fire, explosions, storms, floods, earthquakes, subsidence, epidemic or any other natural disaster.

4. Impossibility of using trains, boats, airplanes, motor vehicles or other means of transport, public or private.

5. Impossibility to use public or private telecommunication systems.

6. 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.

Aplicable 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.