Term & Conditions

This document establishes the conditions that govern the use of this website and purchase of products on it (hereinafter referred to as the "Conditions"). Please read the Conditions and the Privacy Policy carefully before using this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the current conditions at the time of use of the website or making an order through our online shop shall be those that apply. Sargadelos* has prepared carefully and in good faith the content of these pages, but assumes no guarantee or liability for the accuracy or completeness of the content. If you have any questions regarding the Conditions or the Privacy Policy please contact us sending an email to: tonline@sargadelos.com

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
Email: tonline@sargadelos.com

2. Your details

The information or personal details that you provide us shall be processed in accordance with the Privacy Policy. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.

3. Scope

These Conditions shall apply to all orders placed through the website www.sargadelos.com.
If you make an order through our online shop you are accepting these Conditions and the Privacy Policy on our website. If you disagree with the content of terms and Conditions set forth herein refrain from making any purchases.

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.
  • You also agree that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, you cannot place your order.

6. Formalizing the sale contract

Seller:
PORCELANA DE SARGADELOS S.L., with registry office at Sargadelos s/n, 27891, Cervo, Lugo, Corporate Tax Number B-27009638.
Buyer:
The user, at moment of registering the personal details in the purchase form, must accept the Conditions, together with the Privacy Policy to continue with the process of purchase.
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.

9. Delivery

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.

12. Taxes

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.

13. Price

The current product price will be agreed at the time of ordering. The prices on the website include VAT. 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. The applicable VAT rate shall be as legally established at any given moment based on the specific article in question. Shipping charges will be added to the total and will appear before you have to confirm the order.The shipping will be free on all purchases over 300 euros.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 tonline@sargadelos.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 tonline@sargadelos.com 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.
You are subject to the Conditions and Privacy Policy in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said Conditions or Privacy Policy, in which case the possible changes will also affect orders made previously by you.

24. Language

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

Regarding the personal data you introduce through this website, please check the Privacy Policy of Sargadelos*.
*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

Privacy Policy

Data controller’s identity and contact data

The website www.sargadelos.com (the "Website") works under the name SARGADELOS, registered trademark, whose license for use is held by PORCELANA DE SARGADELOS S.L., Spanish company with address in Sargadelos s/n, 27891, Cervo, Lugo, registered in the Commercial Registry of Lugo, in Volume 34, Book 6 of the Section of Limited Companies, Folio 21, Page 542, registration 1 and Tax Identification Number B -27009638. Phone: 982 557 841. Email: sargadelos@sargadelos.com, as a data controller for the purposes of applicable laws and regulations on data protection.

Processed data, legal basis and purposes of data processing

Depending on the services provided through the Website and that you use, in the options and settings of your device (specifically, in relation to cookies and other bookmarks), personal data (your "Data") * that Sargadelos collects and deals mainly include: last name, name, email address, postal address and phone number, bank account details for online purchases, purchases made, preferences and interests, browsing patterns as well as records of connection. These Data will be collected either with your explicit consent or when necessary for the processing of orders (execution of a contract).

You warrant that the personal data provided to Sargadelos* are truthful and that you are the responsible for communicating any changes in them.
Sargadelos* will treat the personal data as confidential and agree not to use them for any other purpose for which they were obtained, and also keep them with appropriate measures to ensure their safety and prevent their alteration, loss, or access unauthorized.

In the event that the user provides the company with personal data of third parties, the user declares that such information is true and that he has informed and requested the consent to these third parties, whose data facilitates to the company, that his personal data will be Treated by the company Sargadelos *, in the same terms that the user has been informed and gave his consent in this Privacy Policy.
You authorize Sargadelos to keep this information for a period of five years upon completion of fulfilled contract. You have the right to access, rectify, cancel and oppose the processing of his personal information by writing to the following address Paraño, s/n. 27891 Cervo, Lugo or sending an email to cac@sargadelos.com. In both cases you have to include a copy of your ID card or passport to us.

It is necessary to collect the Data to:

-          Answer the questions you send through the form in the "Contact" section.

-          Create your personal space through the option "My account" and, that way, purchase online the products you want.

-          Manage the orders you make online and the deliveries, as well as the corresponding guarantees.

-          Guarantee the security of your online transactions, prevent fraud and unpaid bills.

-          Manage and optimize the relationship with customers.

-          Send you information about our offers, news and events (newsletters, invitations and other publications) subject to your consent.

The essential data so that * Sargadelos can comply with all the above described are marked with an asterisk in the different pages of the Website. In case you do not fill in the required fields, * Sargadelos will not be able to comply with your requests or provide the requested products and services. Other data are totally optional and allow us to know you better in order to improve our communications and services.

Recipients of the data

The data you provide will be processed by Sargadelos. They will not be transferred or made available to any third party except (i) to possible subcontractors of * Sargadelos (shipping companies, hosting providers and maintenance services of the Website, providers of payment and fraud management services, etc.), for strictly technical and logistical reasons, and (ii) in the event of reorganization of our parent company, including the total or partial transfer of assets, merger, absorption, spin-off and, in general, any reorganization operation. Your Data may be spread to other Sargadelos’ companies to manage and optimize the relationship with the customer, and subject to your consent, to send you information about offers, news and events of our parent company. Finally, * Sargadelos may spread your data to third parties if a law, a legal provision or a court ruling requires it, or if such spreading is necessary to ensure the protection and defense of your rights.

Data transfers abroad

The recipients of your Data may be located abroad, even outside the European Economic Area. Any transfer of your Data outside the European Economic Area will only be carried out if suitable guarantees have been implemented, such as contractual guarantees, in accordance with the applicable data protection laws and regulations.

Your rights

In accordance with applicable laws and regulations on data protection, you have the right to request access, rectification and cancellation of your Data, or the restriction of processing, and to oppose such processing, as well as the portability right of the data to the extent applicable. You can also oppose the use of your Data to create your customer profile; in this case you will not be able to continue enjoying personalized offers or services.

You guarantee that the personal data provided to *Sargadelos are true and you are responsible for communicating any changes in them. Sargadelos will process such data with the utmost confidentiality and commits not to use them for a purpose other than that one for which they were collected, as well as to keep them with the appropriate measures to ensure their safety and prevent their alteration, loss, processing or not allowed access. Your personal data will not be transferred, spread or modified without your prior authorization, even after the contractual relationship ends.

In the event that you, as a user, provide the company with personal data of third parties, you state that said data is true and that you have informed and requested the consent of these parties, whose data you provide the company, that their personal data will be processed by the company *Sargadelos, in the same terms as the user has been informed and given his consent in this Privacy Policy.

You have the possibility to exercise the rights of access, rectification, cancellation and opposition to the processing by directing a written communication to the person responsible for the file, * Sargadelos, at the address PORCELANA DE SARGADELOS S.L., Sargadelos, s/n. 27891 Cervo, Lugo, or through the email address sargadelos@sargadelos.com, in both cases providing a photocopy of your national identity document or your passport.

In addition, at any time you may request that we stop sending you information about our offers, news or events using the hypertext link for this purpose included in each email that we send you.

Period of your Data keeping

The collected and processed Data through the "Contact" section will only be kept for the time strictly necessary to carry out the required procedures. In case you decide to create a customer account, your identifying data will be kept while your account remains active and you do not close it. You can close the account at any moment. Your request will be processed immediately, or in case of pending orders, as soon as they have been completely executed. In case your account is inactive for five (5) years, * Sargadelos will contact you to know if you want to keep it. If you do not want to keep it, the account will be closed and the Data will be deleted.

*Sargadelos will keep the Data relating to the orders you have made, at the beginning, for a period of time that will not exceed the applicable legal limitation periods. However, you can see these Data within your customer account while it is active. When your customer account is closed, these Data (i) will be stored for accounting and evidentiary purposes during the legal limitation periods mentioned above, or (ii) will be deleted in case these terms have expired. Your bank account information will be securely protected as long as it is necessary for order confirmation and payment, and will be destroyed immediately afterwards. In case of non-payment, the Data will be kept for the duration of the incident management, and subsequently for a period of between three (3) and five (5) years, depending on the severity of the incident.

The Data used with the goal of sending you information relating to offers, news and events of our parent company will be kept for a period of five (5) years from the date they were collected or from your last contact with * Sargadelos. When this deadline expires, *Sargadelos may contact you to know if you want to continue receiving information about offers, news and events. The Data will be deleted within a maximum period of one (1) month after any request you have made to unsubscribe.

Finally, the connection records that are collected, subject to your consent, used by cookies and other markers implemented on our Website, will be kept in accordance with the applicable laws and regulations for a period of time not exceeding twelve (12) months. If you want more information, you can consult our Cookies Policy.

Contact data of the data protection officer (DPO) and right to make a complaint

In case you have any questions about your Data collection or processing by * Sargadelos you can contact the data protection officerof * Sargadelos by sending an email to

sargadelos@sargadelos.com.


* Sargadelos includes the following companies which are authorized to market the brand "Sargadelos":


PORCELANA DE SARGADELOS SL
FABRICA DE CERAMICA DE SARGADELOS SL.
FABRICA DE CERAMICA DEL CASTRO SL