General terms and conditions of contract and use of the website

1. Introduction

These terms and conditions of contract have been written having regard to RDL 1/2007 (16 November) and its modifications in relation to the law of consumers and users.

They regulate the relationship between consumers (purchasers through our website) and our company as owner of the website and as seller, in addition to Law 7/1998 (13 April) on the applicable general terms and conditions of contract, and specific regulations which regulate the occupation of the seller.

The contract which governs our relationship is one of OFF-PREMISES SALE, regulated in RDL 1/2007 (16 November) on consumers and users
WWW.SANDON.ES may at any time and without prior notice amend these general terms and conditions through the publication of those amendments on the portal so that they are known to users prior to visiting the portal or purchasing any goods offered on the portal. It therefore complies with the duty to inform required by law.

This contract will be governed by Spanish law, specifically the Law of Consumers and Users, as well as the other legislation that applies to consumers and users, both domestic and European, which will apply where this contract is silent as regards interpretation, validity and performance.

Also taken into consideration are the Law of Terms and Conditions of Contract and the current Directive 2002/58/EC on privacy and electronic commerce transposed into Spanish law by Law 34/2002.

Where these terms and conditions are silent, the Spanish Civil Code will apply.

The language of the general terms and conditions of contract and which governs their contents is SPANISH/CASTILIAN, and in the event of disagreement between them and any translation of them, the Spanish/Castilian original will prevail.

Before turning to the frequently asked questions which regulate these terms and conditions, as a general obligation for the user of the website the user/purchaser is bound to:

  • When registering, the user is obliged to truthfully supply the data and to keep it updated, this obligation being a principle of the Data Protection Law.
  • Not to introduce, store or disseminate in or from the portal, any information or material that is defamatory, harmful, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or which in any way violates the public order, fundamental rights, public liberties, reputation, privacy or the image of third parties and, in general, the current law.
  • Not to introduce, store or disseminate through the portal any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is capable of causing damage to the portal, on any of the services or on any of the equipment, systems or networks of WWW.SANDON.ES, of any user, of its suppliers or in general of any third party, or that in any other way is capable of causing any type of alteration or preventing the normal operation thereof.
  • Not to carry out advertising, promotional or commercial operation activities through the portal, not to use the contents and in particular the information obtained through the portal to send advertising or messages for direct sales purposes or for any other commercial purpose, or to collect or store personal data of third parties.
  • Do not use false identities, or impersonate others in the use of the portal or in the use or acquisition of any of the products, including the use, where applicable, of passwords or access codes of third parties or in any other way.
  • Not to introduce, store or disseminate through the portal any content which breaches intellectual property rights, industrial or business secrets of third parties, or, in general, any content which the user does not have the right to make available to third parties.

2. User

Access to the website of WWW.SANDON.ES entails that you agree to be a user, and it implies acceptance of the terms and conditions of use and compliance with the law that applies to the website. This liability includes:

  1. The legality and accuracy of the data supplied in the forms in which personal data is requested in order to proceed to the purchase operation through the website.
  2. Appropriate use of the information and content on the WWW.SANDON.ES website in accordance with applicable domestic and international law.
  3. As regards giving data as purchaser, that is governed by the applicable data protection law which is set out in the “privacy policy” found in the legal notice of the website.

3. Characteristic of the products offered

All the products that we sell through the web have a series of common characteristics and elements in terms of quality and materials used.

The material we sell is displayed using photographs, which we post on our website, and while we try to make them as accurate as possible, they are not contractual. The decorative or accessory elements that may appear in those images are in no event included with the product offered. It must be taken into account that, when viewing the product from a computer, tablet or electronic device, it may be that the device shows small variations in tone and colour when compared with the goods received. Indeed the same product displayed on different devices may show these small variations in tone, above all if it is a natural product. Returns for this reason will not be accepted.

When making the purchase, It is important to check the characteristics of the chosen product, especially in terms of measurements, which the customer declares to know. It is important to check in advance that the size and shape of the product you want to purchase are appropriate for the place chosen to locate the product. Returns for this reason will not be accepted.

Should you require more information regarding the characteristics of the product that you wish to buy, please do not hesitate to contact us by any of the ways listed on the website.

Specific terms and conditions for the sale of products

4. Prices

The price of each product is fixed on the website and in any event will be the price stated in the online shop. The price includes VAT and, in our case, the cost of transport, which will be free for orders in Peninsular Spain.

If for any reason there is a typographical error, we will remedy it and update the definitive price in the order confirmation.
In addition, given that it can be considered to be our mistake, we will give you the option of changing your order.

If you have paid with your credit card, a full refund will be made.
In accordance with current legislation, the final total price will include all the costs that the purchase of our products may involve, which includes taxes and shipping costs.

4.2 Payment Methods

Online – SSL Encryption

Generally it must be stated that all areas related to the order completion process and MY ACCOUNT are secured through the SSL protocol, which protects against unauthorized access. The URL in the address line of your browser which begins with https: // indicates that you are in a secure area.

Our online shop allows you to choose from the following payment methods:

Card:

Payment will be through the platform which CAIXABANK provides to us with the new online shop system.

If payment by credit card is not accepted, it could be due to various reasons. Please check whether the problem is any of the following:

  • The expiry date of your card
  • That the entire card number has been entered correctly
  • You may have exceeded your card limit, in which case please check with your bank.

Bank transfer:

If you wish to pay by bank transfer, you can select that option during the purchase process. Once you have agreed to the purchase, you will receive an email sent to the address supplied, with confirmation of the purchase and bank information so that you can make the transfer.

It is very important that in the reason for the bank transfer you state the order confirmation number given in the email confirming the order.

No order will be processed until confirmation of payment. Therefore, where payment is by bank transfer, processing of the order will not begin until payment has been received in our account.

Paypal:

If you wish to pay using Paypal, you can select that option during the purchase process. Enter your Paypal account and confirm the purchase. Subsequently you will receive an email confirming your purchase.

No order will be processed until confirmation of payment. Therefore, where payment is by Paypal, processing of the order will not begin until payment has been received in our account.

4.3 Shipping Policy

Our company only fulfils orders from Spain and the following countries in the European Union (Germany, Austria, Belgium, Denmark, Finland, France, Ireland, Italy, Luxembourg, the Netherlands, Portugal, United Kingdom and Sweden). For other countries, please contact us for a shipping quote.

Please bear in mind that some of our products cannot be shipped to certain countries due to distribution policies.

Once the order is confirmed, the data will be recorded by WWW.SANDON.ES. Once payment is confirmed, the process of preparing the order and delivering it will begin. For customised manufacture, this can take up to eight weeks depending on the order. Shipping can take up to ten days.

Shipping costs are included in the price of each of the products in our online store. Shipping to recipients in the Iberian Peninsula is free.

To receive your order, you must give a postal address where you will receive our order. If it is a gift for another person, we understand that you have authorisation to give us the data for the order that you make. We are not liable for that data transfer.

The customer is obliged to provide WWW.SANDON.ES with the necessary information about the recipient.

If there is a lack of information or error in it, WWW.SANDON.ES will not be liable, and any re-shipments required for this reason, and which entail increased shipping costs, must be paid for by the customer.

Delivery will be made at the address supplied by the customer, with free shipping to the Iberian Peninsula as stated above. DOOR TO DOOR SERVICE. For this, the customer must ensure that the order made does not present any problem as regards its dimensions and/or place of delivery. If any special transport is needed because of difficult access (basement, second floor with unfeasible access by stairs, or a crane, forklift or any municipal licence to occupy the public road is necessary, etc.) the product will be delivered to the door at street level and the aforesaid extraordinary shipping costs will not be borne by SANDON in any event, but rather it will be the customer who must pay them and deal with them directly with the shipping company prior to delivery.

If, after making an appointment, delivery cannot be made (because the person who must receive it cannot be found), the cost of the new shipment will be paid by the customer.
The delivery date will be considered to be the date of effective receipt by the customer of the merchandise at the agreed delivery address or, if the recipient is absent, the delivery date will be considered the date of the attempt made by the shipping company.
In our case shipping is done through various companies. Therefore, shipping will be governed by the shipping policies that each company makes available on its website. These companies have a shipment tracking system and, therefore, you can follow your shipment at any time via the company’s website.

4.4 Right of withdrawal

The right of withdrawal is 14 days from receipt of the order. However, in the case of personalised products, this right of withdrawal does not apply in accordance with article 103 of the General Law of Defence of Consumers and Users which is reproduced below.

4.5 Exceptions to the right of withdrawal

The right of withdrawal will not apply to contracts relating to:

a) The supply of services, once the service has been completely performed, when performance has begun with the prior express consent of the consumer and user and with his acknowledgment that he is aware that once the contract has been fully performed by the company, he will have lost his right of withdrawal.
b) The supply of goods or services whose price depends on fluctuations of the financial market which the company cannot control and which may occur during the withdrawal period.
c) The supply of goods manufactured pursuant to the specifications of the consumer and user, or clearly personalised.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable for return due to reasons of health protection or hygiene and which have been unsealed following delivery.
f) The supply of goods which, following delivery and having regard to their nature, have been inseparably mixed with other goods.
g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sale contract and which cannot be delivered within 30 days, and whose real value depends on market fluctuations that the company cannot control.
h) Contracts in which the consumer and user have specifically requested the company to visit him in order to carry out urgent repair or maintenance work. If, during that visit, the company supplies services additional to those specifically requested by the consumer or supplies goods other than the spare parts required to carry out maintenance or repair work, the right of withdrawal will apply to those additional services or goods.
i) The supply of sealed audio or video recordings or sealed computer programs which have been unsealed by the consumer and user following delivery
j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts formed through public auctions.
l) The supply of accommodation services for purposes other than housing, transportation of goods, vehicle hire, food or services related to leisure activities, if the contracts provide for a specific date or performance period.
m) The supply of digital content that is not supplied in physical format when performance has begun with the prior express consent of the consumer and user, who knows that he loses the right of withdrawal as a result.

4.6 Exchanges, returns and guarantee:

4.6.1 Returns

The customer must put his reservations in writing to the shipper if at the time of delivery of the product he sees damage to it, its packaging or tearing of its packaging, etc, which the customer must record on the delivery note or document. In the case of damage that is not apparent, there is a period of seven calendar days in which the customer must send an email to info@sandon.es and to the shipping company, with photographs and a general description of the damage.

The user may return to WWW.SANDON.ES the product purchased, provided it is not a personalised product, within 15 days from receipt of the order. For that purpose, within the said period, the user must send an email to info@sandon.es, stating his intention to return the item, bearing in mind that once the said period has expired, the customer accepts that he is satisfied with the purchase made. Once the email has been received from the customer, WWW.SANDON.ES will contact him within three days in order to arrange collection of the product.

The aforesaid return must be made with all the original labels, packaging, documentation and accessories. In no event will the return of items that have been used be accepted.
If the item is defective, and Sandon and the shipping company have been notified of that defect within the above-mentioned periods, the return is free of shipping costs.
In cases of withdrawal from the purchase of non-personalised products, the shipping costs of return must be paid by the customer.

4.6.2. Guarantee

Our products have a two-year general warranty against manufacturing defects. We reserve the right to repair or replace any defective component at no cost to you.

It must be remembered that the guarantee will not apply to second and subsequent owners. You should retain proof of purchase.

In no event will the guarantee cover defects or deficiencies caused by: improper use, misuse or neglect; improper handling or modifications/alterations made to the product (the manufacturer’s instructions must always be strictly followed); product wear or damage caused by external factors (friction, sun damage, improper washing or care of the product, tears, etc.)
Within the warranty period the user must notify WWW.SANDIN.ES, by email to info@sandon.es, of his lack of conformity with the product, giving its model or name, a photograph and a list of the defects found.

Upon receipt of the aforesaid notification, WWW.SANDON.ES will assess the reasons put forward by the customer, replying within three days. If we agree to collect the product, you will be contacted in order to arrange removal of the product from your home, at no cost to you.

Once the product has been received and the defects have been verified, WWW.SANDON.ES will replace it with another product of identical characteristics, at no cost to the customer.

5. European online dispute resolution platform.

In compliance with article 14. 1 of EU Regulation 524/2013, customers of our website are informed that the European Union has made available a platform for the resolution of online disputes that may arise between the parties.

The link to use this platform is http://ec.europa.eu/consumers/odr/ (operational from 15 February 2016).

Consumers are able to submit consumer questions at the above link.

6. Legal guarantee under RDL 1/2007.

All goods sold on this website have the guarantee required by article 123 of RDL 1/2007 (16 November), which approves the consolidated text of the General Law of the Defence of Consumers and Users and other supplementary laws.

For goods of a durable nature for a minimum of two years, while for the sale of second-hand goods, a minimum period of one year is established, the guarantee being deemed to have been given, save evidence to the contrary, on the date that appears in the invoice or receipt, or in the delivery note if that is later.

7. Taxes applicable to sales through this website.

Our website is Spanish and therefore the applicable taxes are the taxes stipulated in Spanish law. The final price of the displayed item includes Value Added Tax (VAT) of 21%. For more information, see www.aeat.es

8. Applicable jurisdiction in the event of dispute.

For the purposes of resolving a dispute related to your purchase, the applicable jurisdiction is the jurisdiction that corresponds to you in law, which is normally the jurisdiction in which your home is found.

9. Autonomous Community of Andalusia regulations on complaint forms.

All businesses, whether natural or legal persons, who sell goods or services in the Autonomous Community of Andalusia must make available to consumers complaint forms that conform with the model prepared by the Department of Health and Sanitary Services of the Autonomous Community of Andalusia.

The existence of such complaint forms does not preclude the consumer from presenting his complaint or claim by any other means allowed in law.

These complaint forms comprise a number of carbonless copy sheets: a white sheet which is sent to the competent authority, a pink one for the business subject of the complaint, and a green one for the consumer.

All establishments must have in a place visible to the public a sign that states: “THERE ARE COMPLAINT FORMS AVAILABLE TO THE CONSUMER OR USER”.

If the sale or supply of service is carried out at home or outside a permanent commercial premises, the employer or professional who provides the service must carry the complaint forms with him. This applies particularly to home repair services.

If the sale is made through vending machines, the place where the complaint forms are available must be stated.
Delivery of the forms at the request of the consumer is obligatory and without charge.

When requested by the consumer, the business will complete its identification details: name or company name, address and tax identification number.

The complainant must also complete his identification details: name and surname(s), address and national identification document or passport number, in addition to clearly setting out the facts that give rise to the complaint. The business may use the complaints form to make the statements it considers appropriate.

The consumer must send the white sheet of the complaints form to the competent authority (the corresponding environmental health and consumer affairs agency or city/town hall) within one month of its date, accompanied by the documents he considers appropriate and which evidence his complaint.
The business is obliged to keep the pink copies of presented complaints for the period of SIX MONTHS.

10. Address for notices of the website owner.

Our company is located at:

ANTIMA FURNITURE,S.L.
Avda. Ricardo Soriano 65
Planta 2 puerta 4
29601 Marbella
Malaga

11. Obligatory schedules

1. Withdrawal form

(Complete and forward this form only if you wish to exercise your right of withdrawal in relation to the contract.)

To:

ANTIMA FURNITURE, S.L.
Avda. Ricardo Soriano 65
Planta 2 puerta 4
29601 Marbella
Malaga

I hereby notify you that I wish to exercise my right of withdrawal in relation to my contract to purchase the following goods:

Purchase date:
Order number:
Consumer’s name:
Consumer’s address:
Street/No.:
Postcode/Municipality:
Country:
Consumer’s signature [Only if this form is presented in paper form]

These terms and conditions are a first version V2.0 and may be changed by the company, all in compliance with the law on consumers and users, and with other legal provisions that apply to its sector.