General Terms and Conditions

GENERAL INFORMATION

Below is the contractual document that will govern the hiring of products offered through the website https://tienda.santaisabeldetorres.es/ (hereinafter referred to as the Website), owned by S.C.A. Santa Isabel (hereinafter referred to as the Seller), with Tax Identification Number (NIF): F23010275, and whose contact information is as follows:

Address: Ctra. Jimena-Torres, km 7.8 CP: 23540 Torres (Jaén) Spain

Contact phone: 953 36 30 30

Contact email: info@santaisabeldetorres.com

The acceptance of this document implies that the Buyer:

Has read, understood, and comprehended its contents.
Is a person with sufficient capacity to enter into a contract.
Assumes all the obligations stated herein.

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, privacy policy, and data protection policy. By using this Website or making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned policies. If you do not agree with all of this, you must not use this Website.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the website https://tienda.santaisabeldetorres.es/ owned by the Seller.

The Seller reserves the right to unilaterally modify these Conditions, without affecting the goods or promotions that were acquired prior to the modification, for which it will always display the version and date of the same. The User is responsible for consulting them each time they access, browse, and/or use the Website, as those in force at the time of requesting the acquisition of products and/or services will apply.

DEFINITIONS

According to these Conditions and together with other contemplated definitions, the following terms have the indicated meanings:

"Purchase Conditions": Refers to all the purchase conditions of the Products, which constitute the contract to be subscribed between the Seller and the User.
"Seller": The provider of the products offered for sale through this website.
"Customer / User / Buyer": The buyer of the Product, understood as the natural or legal person making the purchase.
"Product": List of products marketed by the Seller on this website, each described in their respective product sheet located in the "Products" section.
"Website": The set of pages that can be accessed on the Internet through the URL located at https://santaisabeldetorres.es/ owned by S.C.A. Santa Isabel

USER

Accessing, browsing, and using the Website confers the status of user (hereinafter referred to, individually or collectively, as "User"), and implies acceptance of all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legally mandatory regulations, as appropriate.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

Using this Website solely to make legally valid inquiries, purchases, or acquisitions.
Not engaging in any false or fraudulent purchases. If there is a reasonable belief that such a purchase has been made, it may be canceled, and the relevant authorities will be notified.
Providing true and lawful contact information, such as email address, postal address, and/or other details (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website.

The Website is primarily directed to Users residing in Spain. It does not guarantee that the Website complies with the legislation of other countries, either in whole or in part. It disclaims all liability that may arise from such access, as well as the shipment or provision of services outside Spain.

The User may formalize, at their choice, the purchase contract of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship of purchase and sale between the Seller and the Buyer at the moment the Buyer checks the corresponding acceptance box during the online contracting process.

The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price publicly displayed on the website, of a specific product.

PROCESS OF PURCHASE OR ACQUISITION

The contracting procedure can only be carried out in Spanish. In case it may be conducted in another language in the future, it will be indicated before the contracting process begins.

This contract will be governed by Spanish legislation, including Law 3/2014, of March 27, which amends the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), and privacy regulations (GDPR and LOPDGDD).

In order to complete the purchase process and access the products offered by the Seller, the User must provide, freely and voluntarily, the personal data required in the purchase form to process the order. The website offers the option to register a user account, through which the Buyer can make purchases and benefit from the Seller's discounts and promotions. With a user account, the Buyer can check the history and details of their orders, shipping addresses, payment methods, discount vouchers, etc.

In any case, the Buyer guarantees that the provided personal data is truthful and undertakes to inform the Seller of any changes to such data (see our "Privacy Policy").

The Buyer will be solely responsible for any direct or indirect damage or harm that may be caused to the owner of the Website due to the completion of forms with false, inaccurate, incomplete, or outdated data. The Seller will diligently verify the truthfulness of such data, reserving the right, without prejudice to other actions that may correspond, not to register or to deactivate those Users who provide false or incomplete information.

The communications, purchase orders, and payments made during the transactions on the Website may be archived and kept in computerized records in order to constitute evidence of the transactions, always respecting reasonable security conditions and the current laws and regulations applicable in this regard, particularly regarding Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR), and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, as well as the rights granted to Users according to the privacy policy of this Website.

INFORMATION ABOUT THE PRODUCTS

All products appearing on the Website have additional information available in accordance with the General Law for the Defense of Consumers and the LSSICE.

The Seller will take all reasonable precautions to ensure that all details, descriptions, and images of the products displayed on the Website are correct at the time the relevant information is entered into the system. However, to the extent permitted by applicable law, it is not guaranteed that such details, descriptions, and images of products are accurate, complete, reliable, up-to-date, or free of errors.

All purchase orders received through the Website are subject to product availability and to the absence of any circumstance or force majeure event (clause nine of these Conditions) that may affect their supply and/or the provision of services. If difficulties arise regarding the supply of products or if products are out of stock, the Seller agrees to contact the User and refund any amount that may have been paid as a result. This will also apply in cases where the provision of a service becomes impossible.

PRICES ON THE WEBSITE

All prices of the products offered on the website are expressed in EUROS and include Value Added Tax (VAT), as well as any other state and regional taxes, fees, or levies that may be applicable.

The Seller will regularly verify if all prices displayed on the Website are correct. In case an obvious error in the price of a product is detected, the Buyer will be given the opportunity to purchase the product at the correct price or cancel the order.

Prices do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased product or service, as these will be calculated at the time of placing the order.

The prices applicable to each product will be those published on the website and will be automatically applied during the contracting process in the final phase, including shipping costs.

The User acknowledges that the economic valuation of some products may vary in real-time. In such specific cases, this will always be communicated to the Users in advance.

SHIPPING

Shipping will be carried out within 2-3 business days, starting from the acceptance of payment by the banking entity. The delivery area is limited to the Spanish mainland territory. Shipments will not be made to the Balearic Islands, Canary Islands, Ceuta, and Melilla. No shipments are made on Saturdays, Sundays, and holidays.

Shipping Costs:

Shipping costs will be added to the product price and are indicated separately in the order form under "Shipping / Transportation Costs." They are applied based on the destination and weight of the package, including the current VAT at the time of billing the order.

Delivery Times:

Depending on availability, orders will be delivered within a usual delivery period of 6 business days from payment confirmation.

Delivery times depend on various factors, so the Buyer is advised to consider that the delivery will take place within the indicated period, unless we notify them within that time frame that the ordered products are not available.

Delivery times may be altered due to recipient's absence, unknown, incorrect, or incomplete address, summer holidays, force majeure events, fortuitous events, and other reasons not attributable to the company.

Shipping Conditions:

To avoid any errors in shipments, it is essential that, when placing an order, all required data is correctly provided in the form. All orders will be delivered as indicated in the "Delivery Times" section.

You will receive your order through the transport and logistics company with whom the Seller has a contract for package delivery.

ORDERS

Placing Orders:

To place an order, the Buyer must click on the "Add to Cart - Buy" button, selecting the desired quantity, and the product will be added to the Cart.

The Buyer can check at any time during the purchasing process the products included in the Cart.

The Buyer can always correct any errors in the data entered, change the contents of the Cart, add or remove one or more products from it, or cancel the entire order during the purchasing process before finalizing the order.

When formalizing an order, the Buyer acknowledges and declares to have read all the instructions provided on the screen during the purchasing process and fully accepts the present General Sales Conditions by checking the box "I have read and accept the general sales conditions" and making the corresponding payment by choosing the preferred payment method.

Order Placement:

User Identification: The Buyer must identify themselves in the system by providing the requested personal data. The option to register as a user and create an account will be offered (optional).
Addresses: The Buyer will indicate the postal address where the products will be delivered, and this address will be used both as the billing address and the delivery address if the Buyer does not specify in the corresponding box that the billing address is different. If so, a form will be provided for entering billing information.
Shipping Method: The Buyer can review the shipping method and costs and will be provided the opportunity to leave a comment in a text box.
Payment: For payment of the order, the User can choose between the following options:
- Payment by card (through the secure payment gateway of Caja Rural): the Buyer selects the type of card to use from those displayed on the screen and completes the payment. The Seller will not have access to the card data at any time. For more information about the privacy policy of the banking entity, the Buyer should refer to the privacy policy that the entity includes on its website.

It is recommended to print the receipt of the transaction made through the payment gateway or existing payment platforms on this website.

The Buyer is reminded that all credit card holders are subject to validation and authorization checks by the card issuer. If the payment card issuer of the Buyer denies or for any reason does not authorize payment to us, either prior or subsequent to a payment, the Seller will not be responsible for any delay or failure in order delivery.

- Payment by bank transfer: the Buyer will make a transfer with S.C.A. Santa Isabel as the beneficiary.

Once payment is made, the Buyer will receive an email confirming that the payment has been successfully processed.

The User is informed that, according to article 98.2 of Law 3/2014, of March 27, which amends the consolidated text of the General Law for the Defense of Consumers and Users, they are placing an order with an obligation to pay.

You expressly confirm that you are aware that the order you are completing implies an obligation to pay, and for this purpose, you will choose the payment method you want in the corresponding section and, by clicking "Order with an obligation to Pay," you will proceed with the payment.

Once you have placed the order, you will receive a confirmation email ("Order Confirmation") with all the purchase details. This is verification that your order has been successfully placed.

If the Buyer has made a purchase and does not receive the confirmation email within an hour, please contact the Seller using the telephone or email provided on the website and in the present Conditions.

In accordance with article 63 of the Consumer Law and article 28 of the LSSICE, the order confirmation email contains a summary of the Terms and Conditions set out here, information about the essential characteristics of the purchased products, a detailed indication of the price and payment method, information about shipping costs, information about the conditions and methods for returning products, the non-application of the right of withdrawal on some items, and the address for sending complaints or claims, as well as a link to this document.

Subsequently, once your order has been received and verified, it will be prepared and sent through the transport company for pickup and subsequent delivery within the indicated timeframes (See "Delivery Times").

The Buyer can make any inquiries about a product or placed order by contacting the Seller through the provided phone number, WhatsApp, or email on the Website and in the present Conditions.

All payments made to the Seller will result in the issuance of an invoice in the Buyer's name. This invoice will be automatically sent to the email address provided by the Buyer.

Order Delivery:

Order delivery will be made to the delivery address provided by the Buyer during the purchasing process. The Seller assumes no responsibility if the product delivery cannot be completed due to the Buyer providing false, inaccurate, or incomplete data or if delivery cannot be made due to reasons beyond the Seller's or the assigned shipping company's control, such as the recipient's absence.

Notwithstanding the above, the Seller will take the measures required of a diligent merchant to ensure that delivery is made on time, and if not, as soon as possible, to the satisfaction of both the sender and the recipient, so no responsibility can be imputed to the Seller.

Order Cancellation:

Occasionally, the Seller may cancel orders or parts of an order for various reasons. Some of these reasons may include:

Unavailable items
Inability to process payment information
Inability to make delivery to the provided address
Inability to fulfill the order (User's address outside the indicated areas)
Duplicate order placement
Order cancellation at the request of a User

If an order is canceled, the Buyer will receive an email explaining the reasons for the cancellation. No charges will be made to the Buyer for canceled orders, and the amount paid will be refunded in the case of a complete order cancellation.

If the Buyer is interested in placing a new order or has any questions about a canceled order, they can contact the Seller through the provided contact information.

RETURNS

Orders will be considered delivered in accordance at the moment of signing the delivery note. It is the recipient's responsibility to check the packaging's integrity and document any discrepancies or damages on the transport agency's delivery note.

If, upon opening the received order, the products delivered do not comply with the agreed-upon order or if there is any issue (for example: the product is not the one requested and specified in the order; a different variety has been supplied; the product has arrived damaged; it is not fit for consumption, etc.), the non-conforming product will be replaced. To do this, you must communicate your disagreement within 12 hours of receiving the order, clearly and thoroughly explaining the reasons for your non-compliance, by calling 953 363 030 or, if you prefer, by sending an email accompanied by a photograph taken with your mobile phone to the email address info@santaisabeldetorres.com. Additionally, you must inform us of any other observed issues.

You must request a returns form by calling 953 363 030 or sending an email to info@santaisabeldetorres.com. Once completed, you must send the order to our warehouses, in the best possible condition, with shipping costs paid, including a copy of the returns form and a copy of the shipping costs you paid. Then, we kindly ask you to contact us again by email to monitor its arrival. Upon receipt, we will proceed to replace the non-compliant items and reimburse the shipping costs you paid, sending you the returned products again.

Right of Withdrawal:

The Buyer has a period of 14 calendar days from the date of receipt of the product to return it and must notify us within that period. The right of withdrawal is only applicable to final consumers, not to companies, and only to certain products or services.

According to article 103 of the General Law of Consumer Protection, the User cannot exercise their right of withdrawal for certain items. Specifically:

Supply of goods that may deteriorate or expire rapidly.
Supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

The costs related to the return of items for exercising the right of withdrawal will be borne by the User.

You must request a withdrawal form by calling 953 363 030 or sending an email to info@santaisabeldetorres.com. Once completed, you must send the order to our warehouses, in the best possible condition, with shipping costs paid, including a copy of the form.

The returned orders must be in perfect condition, in their original packaging, and with the accessories/gifts/other extras that were delivered with them. For obvious reasons of health protection and hygiene, the right of withdrawal will not be valid if the products have been opened, unsealed, or show clear signs of being tampered with or used.

In case of doubt about the condition in which the return is made, the Seller's specialized personnel's criteria will always prevail, subject to inspection and verification of the article, to ensure that no fraudulent returns of used products are made or that arrive in poor condition.

In all cases, the Buyer can cancel their order as long as it has not been shipped. If the order has already left our facilities, the Seller may proceed with an immediate return once it is received.

Once the Seller has received your order, you can exchange an included product without waiting for the return and refund process to be processed. If the new product's price is lower than the one you wish to change, the difference will be refunded, but you will have to pay for the shipping costs of the new product.

DISCLAIMER

Unless provided otherwise by law, we shall not accept liability for the following losses, regardless of their origin:

Any losses not attributable to any breach on our part.
Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or
Any other indirect loss not reasonably foreseeable by both parties at the time of formalizing the sales contract for the products between both parties.

Similarly, we also limit our liability in the following cases:

We take all measures to provide an accurate display of the product on the Website; however, we are not responsible for the minimal differences or inaccuracies that may exist due to screen resolution, browser issues, or similar factors.
We will act with the utmost diligence to make the product subject to the purchase order available to the transport company. However, we are not responsible for damages arising from transport malfunctions, especially due to causes such as strikes, road blockades, and in general, any other incidents typical of the sector that result in delays, losses, or theft of the product.
Technical failures due to fortuitous events or other reasons that prevent the normal functioning of the internet service. Unavailability of the Website due to maintenance or other reasons that prevent the service's availability. We make every effort to carry out the purchase, payment, and shipping/delivery process of the products. However, we are exempt from liability for reasons beyond our control, force majeure, or fortuitous events.
We are not responsible for the misuse and/or wear of products used by the User. At the same time, we are not responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
In general, we will not be liable for any breach or delay in the performance of any of the obligations assumed when it is due to events beyond our reasonable control. This may include, but is not limited to:
- Strikes, lockouts, or other labor or industrial action.
- Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
- Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions by any government or public authority.

Thus, the obligations will be suspended during the period in which the force majeure cause continues, and we will have an extension to comply with them for a period of time equal to the duration of the force majeure. We will make every reasonable effort to find a solution that allows us to fulfill our obligations despite the force majeure cause.

DATA PROTECTION

The information or personal data that the User provides to us during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection (contained, if applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is truthful.

APPLICABLE LAW AND JURISDICTION

These conditions shall be governed and construed in accordance with Spanish law in all that is not expressly established. The provider and the User agree to submit any dispute that may arise from the provision of services or delivery of products subject to these Conditions to the Courts and Tribunals of the User's domicile.

If the User's domicile is outside Spain, the provider and the User expressly waive any other jurisdiction and submit to the Courts and Tribunals of Córdoba (Spain).

Online Dispute Resolution:

In accordance with Article 14(1) of Regulation (EU) 524/2013, the European Commission provides a platform for free access to online dispute resolution between the User and the Provider, without having to resort to the courts, through the intervention of a third party known as a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/