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LEGAL NOTICE
GENERAL TERMS AND CONDITIONS OF CONTRACTING AND USE
OWNERSHIP
In compliance with the obligations established under Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, and Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, it is hereby stated that this website belongs to:
Who is the data controller?
SANDERPLACE, S.L. (BANNATYNE). Tax ID No.: B39829288
Registered address: PASEO DE PEREDA, 7, GROUND FLOOR, 39004, Santander, Spain.
Tel.: 942287373
Email: info@bannatynejoyeros.com
Website: bannatynejoyeros.com
Data Protection Officer: PRODAT CANTABRIA, S.L. – DPDCANTABRIA@PRODAT.ES.
Date of last modification/update of this Legal Notice: 27/06/2022
For any enquiries, you may contact SANDERPLACE, S.L. (BANNATYNE) by email at info@bannatynejoyeros.com or by telephone on 942287373.
DISCLAIMER OF WARRANTIES AND LIABILITY
SANDERPLACE, S.L. (BANNATYNE) shall not be liable for any damages that may arise from interference, omissions, interruptions, computer viruses, failures and/or disconnections affecting the operation of this electronic system or users' computer devices and equipment, where such circumstances are caused by factors beyond the control of SANDERPLACE, S.L. (BANNATYNE) and prevent or delay the provision of services or browsing of the online store.
Nor shall SANDERPLACE, S.L. (BANNATYNE) be liable for delays or interruptions in use caused by deficiencies or overloads affecting the Internet or other electronic systems, or for the inability to provide the service or allow access due to causes not attributable to SANDERPLACE, S.L. (BANNATYNE), whether attributable to the user, third parties or circumstances of force majeure.
SANDERPLACE, S.L. (BANNATYNE) does not generally control how users make use of the website. In particular, SANDERPLACE, S.L. (BANNATYNE) shall not be responsible in any event for users' use of the website in accordance with the law, these General Terms and Conditions, generally accepted standards of morality and good conduct, or public order, nor for their failure to act diligently and prudently.
The products presented on the website comply with Spanish legislation. SANDERPLACE, S.L. (BANNATYNE) shall not be held liable in the event that products do not comply with the legislation of the countries to which they may have been shipped pursuant to a customer's order. Customers outside Spain are therefore responsible for verifying whether the products they order may be legally imported or used.
MODIFICATIONS
SANDERPLACE, S.L. (BANNATYNE) reserves the right to make, without prior notice, any modifications it deems appropriate to its portal, including changing, removing or adding Content and services provided through it, as well as the manner in which they are presented or located on the portal.
LINKS
Should bannatynejoyeros.com contain links or hyperlinks to other websites on the Internet, SANDERPLACE, S.L. (BANNATYNE) shall not exercise any control over such websites or their Content.
Under no circumstances shall SANDERPLACE, S.L. (BANNATYNE) assume any liability for the Content of any link belonging to an external website, nor shall it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity or lawfulness of any material or information contained in any such hyperlinks or other websites.
Likewise, the inclusion of such external connections shall not imply any association, merger or participation with the connected entities.
RIGHT OF EXCLUSION
SANDERPLACE, S.L. (BANNATYNE) reserves the right to deny or withdraw access to the portal and/or the services offered, without prior notice, either on its own initiative or at the request of a third party, from users who fail to comply with these General Terms and Conditions of Use.
GENERAL PROVISIONS
SANDERPLACE, S.L. (BANNATYNE) shall take action against any breach of these terms, as well as against any improper use of its portal, by exercising all civil and criminal actions that may be available to it under applicable law.
AMENDMENT AND DURATION OF THESE TERMS
SANDERPLACE, S.L. (BANNATYNE) may amend the terms set out herein at any time, with such amendments being duly published in the same manner as these terms.
The validity of these terms shall depend on their publication and they shall remain in force until they are replaced by other duly published terms. The latest amendment to the terms concerns their use.
SECURITY
The website uses information security techniques generally accepted within the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the service provider may obtain data for the purposes of the corresponding authentication of access controls.
Our secure server guarantees the privacy of the data you transmit to us. Such privacy is achieved through the SSL protocol, encrypting the data sent using the RSA encryption system, so that no one can access it without the necessary key. You can check whether your browser is secure by looking for the padlock symbol. You can also see that the URL changes slightly: it no longer begins with HTTP but with HTTPS.
SHIPPING COSTS
Shipping and/or handling costs are not included in the price and will be shown to you before completing your purchase, depending on the shipping address for each order.
Shipping costs to the Canary Islands, Balearic Islands, Ceuta, Melilla and areas outside the European Union Customs Territory do not include import costs (customs duties), which shall be paid in cash at the destination by the recipient of the goods.
PLACING AN ORDER
To place an order, you must access bannatynejoyeros.com and register as a user by completing the electronic form available on the online store website at any given time and following the instructions provided therein.
Once registered, and in order to purchase products, you must add the product you wish to purchase to your shopping basket, following the instructions displayed on screen, completing the relevant order form and validating it.
You may only place an order if you are over 18 years of age.
The prices and offers displayed on the website are valid exclusively for online orders placed through bannatynejoyeros.com. All prices published on our website include VAT.
Validation of the order by the customer expressly constitutes acknowledgement and acceptance of these General Terms and Conditions of Contracting as part of the conclusion of the contract.
The electronic document formalising the contract shall be archived on the website and shall be accessible through the user's control panel. Unless proven otherwise, the data recorded by SANDERPLACE, S.L. (BANNATYNE) shall constitute evidence of all transactions carried out between SANDERPLACE, S.L. (BANNATYNE) and its customers.
SANDERPLACE, S.L. (BANNATYNE) shall archive the electronic document formalising the contract, which shall be accessible to the customer.
Once the purchase has been completed, and as soon as possible and always within 24 hours of the purchase being made, the Customer Service Department of SANDERPLACE, S.L. (BANNATYNE) shall send you a purchase confirmation by email.
If you do not agree with the information contained in such confirmation, you may request that it be amended or that the contract be cancelled.
LANGUAGE OF CONTRACT CONCLUSION
The language in which the contract may be concluded on this website is Spanish.
PRODUCT AVAILABILITY
The selection of products offered on bannatynejoyeros.com is valid as long as the products are visible on the website.
As this is an e-commerce business, stock is updated online, meaning that on occasion stock may run out during the purchasing process, in which case it will not be possible to complete the purchase initiated.
HOW TO MAKE A CLAIM
To make any claim in relation to the obligations established in Article 110 of Law 3/2014, you must contact us by email at info@bannatynejoyeros.com, stating the reason for your claim.
NON-PERFORMANCE OF THE CONTRACT
In the event that the company is unable to perform the contract because the purchased product is unavailable or for any other reason, the customer shall be informed of such unavailability and/or the reason justifying it, and shall receive, without undue delay, a refund of any amounts paid under the contract.
In the event of an unjustified delay by SANDERPLACE, S.L. (BANNATYNE) in refunding the amounts paid, the customer may claim payment of twice the amount owed, without prejudice to their right to compensation for any damages suffered in excess of such amount.
SHIPPING METHODS AND DELIVERY TIMES
Products shall be shipped to the delivery address indicated in the order.
If an order contains several items with different availability dates, the dispatch period shall take into account the longest expected delivery time.
In exceptional cases, SANDERPLACE, S.L. (BANNATYNE) reserves the right to split the order, shipping the available items and leaving unavailable items pending for a second shipment. In such cases, the second shipment shall be made at no additional cost.
We offer different shipping methods to ensure that your order reaches you in the most convenient and appropriate manner according to your needs. From your shopping basket, you may select the shipping method you prefer depending on the area and delivery method.
Home delivery: To transport and deliver shipments, we have selected a reputable courier company.
For orders dispatched from our warehouses from Monday to Thursday, the courier company shall deliver the order to the indicated address on the day following dispatch, before 7:00 p.m.
For orders dispatched from our warehouses on Fridays or the day before a public holiday, delivery shall be made to the indicated address on the following Monday or the next working day, respectively, before 7:00 p.m.
The courier company does not make deliveries on Saturdays, Sundays or public holidays.
If the customer detects any problem at the time of delivery (damaged packaging, missing or damaged products), this must be indicated in writing on the carrier's delivery note, and the customer must contact us by telephone on 942287373 within 14 days of receipt.
Returns of damaged items or claims for missing items shall not be accepted if they have not been reported within the established period. This is without prejudice to the statutory warranty rights applicable to products that do not conform to the contract, in accordance with applicable legislation.
If your order has been dispatched and you have not received any information regarding delivery, you may contact our Customer Service Department on 942287373 or by email at info@bannatynejoyeros.com.
PAYMENT
SANDERPLACE, S.L. (BANNATYNE) offers several payment methods so that you may choose the one that is most convenient or best suited to your needs:
Payment by Credit Card or PayPal: You may use Visa and MasterCard.
If you make payment with a VISA or Maestro card, the amount will be charged to your card on a deferred basis, i.e. when the order is dispatched. In this way, only the items actually dispatched will be charged, at the time of shipment.
If the payment gateway reports that the card has been declined, the order shall be automatically cancelled and the customer shall be informed online of the cancellation.
For payments made with cards issued outside Spain, the issuing bank must be enrolled in the Secure Electronic Commerce (CES) Security Protocol. Payments made with cards that do not meet this requirement shall not be accepted.
As an alternative, we offer payment by bank transfer.
SANDERPLACE, S.L. (BANNATYNE) reserves the right to reject any transaction made by credit card. In such cases, the amount shall be refunded to the original card.
If the customer wishes to proceed with the purchase of the items, a bank transfer shall be requested.
You have a period of 7 working days to arrange the bank transfer following the placement of your order. The order shall not be considered effective until we have confirmed receipt of the corresponding payment, and delivery periods shall therefore begin to run from that date.
RIGHT OF WITHDRAWAL
If you are not satisfied, you may return purchases made through bannatynejoyeros.com to our office located at PASEO DE PEREDA, 7, GROUND FLOOR – 39004 Santander (CANTABRIA), by completing the withdrawal form that can be downloaded below.
The maximum period for requesting a return following receipt of the order is as follows:
14 calendar days for all products purchased through our online store.
The refund shall be made using the same payment method used for the purchase. This right is additional to the statutory warranty rights recognised under Royal Legislative Decree 1/2007 of 16 November on the protection of consumers and users.
The circumstances that may give rise to a return are as follows:
a) If you are not satisfied with the product you ordered: You may return it by courier to SANDERPLACE, S.L. (BANNATYNE). We shall refund the price of the product, but not the return shipping costs.
b) If you wish to exchange the product for another item: The return shipping costs shall not be borne by SANDERPLACE, S.L. (BANNATYNE).
c) Product defective from origin: Without prejudice to and in addition to your statutory warranty rights, SANDERPLACE, S.L. (BANNATYNE) offers you the possibility, within 14 calendar days of receipt, of requesting the replacement of the product with another identical product in perfect condition.
Once SANDERPLACE, S.L. (BANNATYNE) receives the defective product, another product shall be sent to you. In this case, the replacement shall always be for the same item or reference.
Only the original shipping cost shall be charged, while SANDERPLACE, S.L. (BANNATYNE) shall bear the costs associated with the return and replacement shipment.
d) Product supplied incorrectly: If, due to an error, the product delivered does not correspond to the product ordered, SANDERPLACE, S.L. (BANNATYNE) shall bear the costs of collecting the incorrect product and delivering the correct product corresponding to the order placed.
e) Product condition: Products must be packaged and unopened. The packaging must be in perfect condition and retain all original accessories and instructions in order to be eligible for return.
Neither physical stores nor the SANDERPLACE, S.L. (BANNATYNE) online store shall accept returns of products that were not purchased from the company.
In all cases, products must be in perfect condition, in their original packaging and with any manuals, accessories or promotional gifts included, where applicable.
Download the withdrawal form here. (link to withdrawal form)
PRODUCT WARRANTY
The warranty period is 3 years from delivery of the product. It does not cover defects caused by negligence, impacts, improper use or unauthorised handling, nor materials that have become worn through normal use.
Unless proven otherwise, any lack of conformity that becomes apparent within 6 months of delivery of the product, whether new or second-hand, shall be presumed to have existed at the time of delivery, except where such presumption is incompatible with the nature of the product or the nature of the lack of conformity.
SANDERPLACE, S.L. (BANNATYNE) reserves the right to request an official technical service of the brand to verify the origin of the problem.
If the defect is found to have been caused by misuse, the repair shall be chargeable.
In cases where the warranty applies, the product shall be repaired, replaced, discounted or refunded, in accordance with the terms established by applicable law.
REFUND OF AMOUNTS PAID
The refund shall be made using the payment method used for the purchase.
SANDERPLACE, S.L. (BANNATYNE) shall not issue a refund or resend any goods until the receipt and condition of the packaging and accessories of the returned or exchanged item have been verified at our warehouses.
The amount refunded shall be the price originally stated in the order, excluding transport costs.
Once the returned product has been verified to be in proper condition, SANDERPLACE, S.L. (BANNATYNE) shall issue the refund within a maximum period of 15 days.
APPLICABLE LAW AND JURISDICTION
The relationship between SANDERPLACE, S.L. (BANNATYNE) and the USER shall be governed by the applicable Spanish legislation, and any dispute shall be submitted to the competent Courts and Tribunals of the relevant city.
ONLINE DISPUTE RESOLUTION PLATFORM
The company is registered with the online dispute resolution platform for consumer disputes pursuant to Article 14.1 of Regulation (EU) No. 524/2013.
The European Commission provides an online dispute resolution platform available at the following link:
http://ec.europa.eu/consumers/odr/
Consumers may submit their complaints through the online dispute resolution platform.