1. Our details
This website is operated under the name SARGADELOS, a trademark whose licensed for use is held by PORCELANA DE SARGADELOS S.L., a Spanish company located in Sargadelos s/n, 27891, Cervo, Lugo, registered in the Provincial Mercantile Registry of Lugo, Volume 34, Book 6th of Limited Section, Page 21, Sheet 542, entry 1, with Corporate Tax Number B-27009638.
Telephone number : 982 557 841
2. Your details
These Conditions shall apply to all orders placed through the website www.sargadelos.com.
4. Legal capacity
When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into contracts.
5. Service availability
When you use this website and place orders through it, you agree to:
Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the pertinent authorities.
Provide us with your e-mail address, postal address and/or other contact details truthfully and exactly.
6. Formalizing the sale contract
PORCELANA DE SARGADELOS S.L., with registry office at Sargadelos s/n, 27891, Cervo, Lugo, Corporate Tax Number B-27009638.
All orders are subject to our approval, which you will be informed by email. The contract between us to buy a product (the “Contract”) shall be formalized only when we send you the Purchase Confirmation.
We are not obliged to provide you with any other product that has not been ordered until we confirm that these have been sent in a Purchase Confirmation.
7. Availability of products
All product orders are subject to availability of the same. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we will reimburse without delay any amount that you may have paid in relation to this order. In these cases, Sargadelos will not be obliged to make delivery of those items.
8. Remove or modify products
Sargadelos reserves the right to remove any product from this website at any time and to remove or modify any material or content from the same. Sargadelos will not be liable to you or to any third party for removing any product, material or content from the website, regardless of whether said product was sold or not.
Notwithstanding clause 7 above regarding product availability, we will try to send the order before the date indicated in the Purchase Confirmation. If no delivery date is specified, we will send the order within 30 days from the date of the Purchase Confirmation. The average time of delivery is 3-5 working days. If we run out of stock, we wil send the order within 30 days from the date of the Purchase Confirmation. Please take note that we do not make home deliveries on Saturdays or Sundays in any case. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Please take note that we do not make home deliveries on Saturdays or Sundays in any case. The product will be delivered to the address you give when placing the order. Due to our home delivery service, we cannot accept orders to be shipped to a PO box, APO or FPO address.
10. Inability to deliver
If it is impossible for us to delivery your order we will leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, please contact us to organize the delivery.
Please take note that storage and redelivery of your order may have an additional cost. In the event that the order could not be delivered within 30 days from the date, in which your order is available for delivery, for reasons not attributable to us, we will assume that you wish to annul the Contract and it will be terminated. If the contract is terminated we will reimburse the sum paid for said products as soon as possible and, in all cases, within 30 days from the date in which the Contract is terminated. In these cases, we are authorized to retain the delivery costs derived from terminating the Contract.
11. Transmission of risk and ownership of the products
The transmission of risk takes place from the moment of the delivery of the product.Until the full payment, Sargadelos will be the owner of the goods.
Taxation will be ruled by the laws applicable in the destination of the goods. In Spain (peninsular territory) will be required to provide NIF, First Name, Last Name and Address for orders over 3000€ (VAT included) made by individuals and CIF, Business Name and Address for orders over 400€ (VAT included) made by companies or corporations.
The current product price will be agreed at the time of ordering. According to the article 68 of Law 37/1992, of 28 December, on Value Added Tax Act, the delivery location for the articles shall be considered to be within the territory in which Spanish VAT applies if the delivery address is in Spain, except for the Canary Islands, Ceuta and Melilla. Shipping charges will be added to the total and will appear before you have to confirm the order.Prices may change at any time. However, the changes shall not affect the orders for which we have sent the Purchase Confirmation.
14. Vouchers and promotions
Special discounts and promotions can be offered on specific products or for a certain customer profile from the online shop. Each promotion will include specific and necessary information for the enjoyment of the same, validity periods, requirements, restrictions, limitations or technical, physical or legal warnings, which will be considered as particular conditions.
In all the promotions the price of the articles is indicated without application of the discount and the same applied the discount. The particular conditions of the promotion will indicate whether or not the price includes the shipping costs.
In any case, the vouchers and discounts generated will only be redeemable through the online store www.sargadelos.com. In no case may the cash withdrawal be requested of the same or may be accumulated with other promotions or discounts.
15. Payment terms
You may pay using bank wire, Visa, Maestro, Mastercard and via PayPal. When you click "Authorize” the payment, you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity, but if the said entity does not authorize the payment, we will not be liable for any delay or failure to deliver, and we will be unable to formalize any Contract with you.
16. Return policy
16.1 Legal right to cancel purchase
You may cancel the Contract at any time within 14 natural working days from the date that the order was delivered to you. In this case, the amount paid for said products will be reimbursed. You will be responsible for the direct costs of returning the product. You may certify the exercising of the right to cancel by any form permitted by law within the said term. The right will be validly exercised when you send an email to email@example.com and our customer service department will contact you to inform you of how to proceed with the return of the product. Your right to cancel the Contract shall apply exclusively to the products that are returned in the same conditions in which you received them. Please return the products using or including their original packaging. You must also include all product documents and wrapping. No reimbursement will be made if the product has been used more than just opening it, for products that are not in the same condition as when they were delivered or when they have been damaged, so take care of the products(s) while in your possession. Returns will not be accepted for custom pieces. After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. The refund will be paid as soon as possible and, in all cases, within 30 days from the date on which you notified us of your intention to cancel. The refund will always be paid using the same payment form that you used to pay your purchase. You shall assume the cost and risk of returning the products to us, as indicated above. This provision does not affect any other consumer rights recognized by current legislation.
16.2 Returns of defective product
In the cases in which you consider that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately calling us on 982 557 841 where we will indicate how to proceed or sending the delivery note, that you will receive together with the order, to firstname.lastname@example.org Please return the products using or including their original packaging. You must also include all product documents and wrapping. No reimbursement will be made if the product has been used more than just opening it. The refund will be paid as soon as possible and, in all cases, within 30 days from the date on which you notified us the defect. The refund will always be paid using the same payment form you used to pay your purchase. This provision does not affect any other consumer rights recognized by current legislation.
17. Liability and waiving liability
To the extent permitted by law, we exclude all guarantees, except those that may not be excluded legitimately in favour of consumers and users. Due to the natural materials we use and how to make our products, the items that we sell often have variations in measures, texture and colours, however they may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. The natural characteristics are inevitable and should be accepted as part of the individual appearance of the product. The provisions in this clause shall not affect your rights as a consumer and user, nor your right to cancel the Contract.
18. Intellectual property
You recognize and agree that all copyrights, registered trademarks and other intellectual property rights to the materials or contents provided as part of the website belong to Sargadelos*. You may not use the said material except you are expressly authorized by us. It is not allowed to download and use images from our pages without written permission of Sargadelos*.
19. Written communication
The applicable regulations require that we send you by written some of the information or notification. You agree that most of the communication with us will be in electronic form. We will contact you by e-mail or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic form of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your rights as recognized by law.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and Sargadelos* and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract or any rights or obligations arising under the contract without our prior written consent. Sargadelos may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any rights or obligations arising under it, at any time during the term of the Contract. The said transfers, assignments, liens or other transfers will not affect the rights that you have as a consumer recognized by law.
21. Events beyond our control
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following: Strike, lockout or other forms of protest. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster. Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private. Inability to use public or private telecommunication systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by virtue of the Contract despite the situation of Force Majeure.
22. Partial annulment
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
23. Our right to modify these conditions
Sargadelos* have the right to review and modify these Conditions at any time.
Los contratos pueden concluirse en idioma Español e Inglés.
25. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the purchase contracts through our website shall be governed by Spanish legislation.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognized in any applicable legislation in effect.
26. Data Protection
*Sargadelos includes the following companies authorized to market the trademark “Sargadelos”:
PORCELANA DE SARGADELOS SL
FABRICA DE CERAMICA DE SARGADELOS SL.
FABRICA DE CERAMICA DEL CASTRO SL