TERMS AND CONDITIONS OF SALE
1. General Information
This document sets out the terms and conditions governing access to and use of the website www.sargadelos.com, as well as the contracting and purchase of products through the SARGADELOS online store (hereinafter, the “Terms and Conditions”).
Before placing an order, users should carefully read these Terms and Conditions, together with the Privacy Policy, Shipping Policy and Returns Policy available on the website.
By placing an order, the customer expressly and unconditionally accepts the Terms and Conditions in force at the time of purchase.
SARGADELOS may amend these Terms and Conditions whenever necessary. Unless otherwise required by law, such amendments shall not affect orders placed before they enter into force.
For any queries concerning these Terms and Conditions, customers may contact SARGADELOS at tonline@sargadelos.com.
2. Seller Information
The online store www.sargadelos.com operates under the registered trade name and trademark SARGADELOS.
Seller:
PORCELANA DE SARGADELOS S.L.
Registered address: Sargadelos s/n, 27891 Cervo, Lugo, Spain
Tax Identification Number (NIF): B-27009638
Telephone: +34 982 557 841
Email: tonline@sargadelos.com
Registered with the Commercial Registry of Lugo, Volume 34, Book 6 of the Limited Companies Section, Page 21, Sheet 542, Entry 1.
3. Scope
These Terms and Conditions apply to purchases made through www.sargadelos.com.
By placing an order, the customer declares that they have read and accepted these Terms and Conditions.
These Terms and Conditions apply both to orders placed directly through the SARGADELOS online store and, where applicable, to orders for which payment is processed through external platforms or services enabled on the store, including Shop or Shop Pay.
4. Capacity to Contract
By placing an order, the customer declares that they are at least 18 years of age and have sufficient legal capacity to enter into contracts.
The customer also guarantees that all personal, billing, contact and shipping information provided during the purchasing process is complete, truthful and accurate.
SARGADELOS shall not be responsible for delays, additional charges or inability to deliver resulting from incorrect or incomplete information provided by the customer.
5. Use of the Website
Users undertake to use the website lawfully and, in particular, to:
- Refrain from placing false or fraudulent orders.
- Provide accurate and up-to-date information.
- Refrain from using the website for purposes that could harm SARGADELOS, third parties or the proper operation of the platform.
Where there are reasonable grounds to believe that an order is fraudulent, SARGADELOS may cancel the order and, where appropriate, report the matter to the relevant authorities.
6. Formation of the Contract
Products selected by the customer will be added to the shopping cart.
Before completing the order, the customer will be able to review the selected products, quantities, prices, shipping costs and any other applicable charges.
Once payment has been completed, the customer will receive electronic confirmation of the order.
All orders are subject to acceptance by SARGADELOS and product availability.
7. Product Availability
All orders are subject to availability.
If, after an order has been placed, any product is unavailable, SARGADELOS will inform the customer and refund the amount paid for the unavailable product, without prejudice to any alternative solution agreed with the customer.
8. Handcrafted Products
A significant proportion of SARGADELOS products are manufactured using handcrafted or semi-handcrafted processes.
As a result, there may be slight differences between individual units of the same product in terms of colour, decoration, texture, finish, dimensions or other characteristics inherent to the manufacturing process.
Provided that they do not affect the functionality or conformity of the product, such variations are part of the nature and unique character of the pieces and shall not be considered manufacturing defects.
9. Prices
The applicable prices shall be those displayed in the online store at the time the order is placed.
Shipping costs, where applicable, will be shown separately during the purchasing process and before the order is confirmed.
SARGADELOS may change its prices at any time. Such changes shall not affect previously confirmed orders.
The tax treatment applicable to each transaction will depend, among other factors, on the destination country or territory and the legislation in force at the relevant time.
10. Payment Methods
Customers may use the payment methods made available from time to time on www.sargadelos.com.
Acceptance of payment may be subject to checks and authorisation by the relevant financial institutions, payment service providers or platforms.
SARGADELOS shall not be responsible for delays or inability to complete a transaction where payment has not been authorised by the relevant institution or payment service provider.
11. Orders Placed Using Shop or Shop Pay
When customers use Shop, Shop Pay or other Shopify-integrated payment or purchasing services, certain taxes, fees or charges may be calculated and/or collected directly by the platform during checkout.
Any taxes or amounts collected through Shop or Shop Pay do not mean, unless expressly stated otherwise during checkout, that customs duties, import tariffs, customs clearance charges, carrier administration fees or any other amounts that may be required by the authorities or carrier in the destination country have been included or paid.
For orders shipped outside the European Union, customers may therefore be required to pay additional amounts on top of those already paid through Shop, Shop Pay or www.sargadelos.com.
Where applicable, these amounts will be administered and collected by customs or tax authorities, the carrier or their agents and shall be the responsibility of the recipient.
12. Delivery and Shipping Times
Delivery times indicated during checkout are estimates.
Orders for available products will be prepared and shipped within the period indicated in the online store or order confirmation.
Personalised products available for purchase through the online store have an estimated delivery time of 10 to 20 business days.
Made-to-order products or products requiring special production may require longer lead times, which will be communicated to the customer.
Where no other period has been expressly agreed, delivery will take place within the maximum period required by applicable law.
Deliveries cannot be made to P.O. boxes where the carrier requires a physical address.
13. SHIPMENTS OUTSIDE THE EUROPEAN UNION: CUSTOMS, DUTIES AND IMPORT TAXES
Orders shipped to countries or territories outside the European Union are subject to the customs procedures and regulations of the destination country.
13.1. Customs Duties and Import Charges Not Included
Unless expressly stated otherwise during checkout, the price paid to SARGADELOS and the shipping costs charged when placing the order DO NOT include:
- Customs or import duties.
- Import taxes.
- Customs fees.
- Customs clearance charges.
- Carrier customs administration or handling fees.
- Storage charges incurred during customs clearance.
- Any other tax, fee or charge imposed in the destination country as a result of importing the goods.
All such amounts shall be the sole responsibility of the customer or recipient where applicable.
The carrier, customs broker or relevant authorities may contact the recipient directly to request documentation, information or payment of these amounts before delivery can be completed.
13.2. Amount of Customs Duties
SARGADELOS does not determine or control the customs duties, taxes or fees imposed by the authorities of each country.
Their existence and amount will depend on the laws of the destination country, the declared value of the shipment, the tariff classification of the products and any other circumstances applicable to the import.
For this reason, SARGADELOS cannot guarantee or provide in advance the final amount that the authorities or carrier may require the recipient to pay.
Customers are responsible for checking the import requirements applicable in the destination country before placing an order.
13.3. Recipient's Obligations
The recipient agrees to cooperate with the carrier and customs authorities by providing any information or documentation reasonably required to complete import clearance.
The customer is responsible for providing accurate information required for delivery and, where necessary, importation of the goods.
13.4. Refusal to Pay Customs Duties or Complete Customs Clearance
A refusal by the customer or recipient to pay customs duties, taxes, fees, clearance charges or other amounts required at destination shall not constitute an incident attributable to SARGADELOS.
If the recipient refuses the shipment, fails to respond to requests from the carrier or customs authorities, or fails to pay the amounts required to complete importation and the order is consequently returned to SARGADELOS, the costs actually incurred as a result of the return, transportation, storage, customs processing and any other costs directly arising from such circumstances may, to the extent permitted by applicable law, be deducted from the amount to be refunded.
If, under the laws of the destination country or the carrier's conditions, the goods cannot be returned to SARGADELOS, the customer will be informed of the applicable circumstances and consequences.
13.5. Customs Delays
Delivery times for international orders are estimates and do not include potential delays caused by customs inspections or requirements imposed by the authorities in the destination country.
SARGADELOS shall not be responsible for delays resulting exclusively from customs procedures or from the recipient's failure to provide the required information or documentation.
14. Inability to Deliver
Customers must provide a complete and accurate address at which delivery can be made.
Where an order cannot be delivered for reasons attributable to the recipient, the carrier may make further delivery attempts, leave the shipment at an authorised collection point or return it to the sender, in accordance with its own operating procedures.
Additional costs resulting from incorrect addresses, repeated absence, unjustified refusal of delivery or failure by the recipient to comply with customs obligations may be charged to the customer to the extent permitted by applicable law.
15. Transfer of Risk
For sales to consumers, risk in the products shall pass in accordance with applicable law.
The products shall remain the property of SARGADELOS until full payment has been received.
16. Right of Withdrawal and Return Period
Without prejudice to the minimum statutory withdrawal period, SARGADELOS voluntarily extends to 30 calendar days from receipt of the order the period during which customers may request the return of products purchased through www.sargadelos.com, subject to the conditions and exceptions set out below.
To exercise this right, the customer must notify SARGADELOS of their decision within this period using the methods available at www.sargadelos.com or by emailing tonline@sargadelos.com and stating the order number.
Products must be returned without undue delay, properly protected and in suitable condition.
The customer shall be responsible for any diminished value of the product resulting from handling other than what is necessary to establish its nature, characteristics and functioning, in accordance with applicable law.
Direct return shipping costs shall be borne by the customer where the return is made at the customer's own discretion and the product is not defective, damaged or incorrect due to an error attributable to SARGADELOS.
17. Exceptions to the Right of Withdrawal and Return
The right of withdrawal or return shall not apply in circumstances where it is excluded by law.
In particular, it may not apply to products made to the consumer's specifications or clearly personalised, in accordance with applicable legislation.
18. Return Procedure
To make a return, the customer must first notify SARGADELOS by emailing tonline@sargadelos.com, stating the order number.
Products must be returned unused, in perfect condition, properly protected and, wherever possible, in their original packaging.
Returns must be sent to:
CERÁMICAS O CASTRO
O Castro
15168 Sada
A Coruña
Spain
Return Shipping Costs
Where a return is made at the customer's discretion and the product is not defective, damaged or incorrect due to an error attributable to SARGADELOS, the customer shall bear the cost of return shipping.
Customers may use the carrier of their choice and shall be responsible for ensuring that the product reaches SARGADELOS properly protected.
SARGADELOS shall not be responsible for loss or damage occurring during the transport of a return arranged directly by the customer.
Returns from Countries Outside the European Union
SARGADELOS accepts returns of orders shipped to countries outside the European Union within the general period of 30 calendar days from receipt of the order, subject to the exceptions set out in these Terms and Conditions.
In such cases:
- Return shipping costs shall be borne by the customer where the return is due to a change of mind.
- The customer shall be responsible for correctly completing any documentation required for the return of the goods.
- Where applicable, the shipment must be clearly identified as “RETURNED GOODS” to facilitate customs processing.
- Any customs duties, taxes, clearance fees, administration charges or other costs resulting from an incorrect return declaration or customs processing and attributable to the customer shall be borne by the customer.
- Customers must contact SARGADELOS before making an international return in order to receive the relevant instructions.
Where the product received is defective, has been damaged in transit or an error attributable to SARGADELOS has occurred, the procedure for damaged, defective or incorrect products shall apply and SARGADELOS will bear the costs for which it is legally responsible.
Refunds
Once the return has been notified, SARGADELOS will issue the refund in accordance with the time limits and conditions established by applicable law.
SARGADELOS may withhold the refund until the products have been received or until the customer provides evidence that the products have been returned, as applicable under the relevant legislation.
Refunds will be made using the same payment method used for the original purchase, unless the customer expressly agrees to another method that does not result in any additional cost to them.
Where required by law, the refund shall include the standard delivery costs originally paid by the customer. However, SARGADELOS shall not be required to refund any additional costs resulting from the customer's choice of a delivery method other than the least expensive standard delivery method offered.
19. Damaged, Defective or Incorrect Products
If a customer receives a product that has been damaged in transit, is defective or differs from the product ordered, they should contact SARGADELOS at tonline@sargadelos.com, stating the order number and providing, where reasonably necessary, photographs or other information enabling the issue to be assessed.
Where the issue is attributable to SARGADELOS or the product is subject to a lack of conformity covered by the statutory guarantee, SARGADELOS will bear the costs for which it is legally responsible and provide the remedy required by applicable law.
20. Statutory Guarantee
Products sold to consumers are subject to the statutory conformity guarantee provided for under applicable Spanish and European legislation.
The guarantees set out in these Terms and Conditions are without prejudice to any mandatory rights available to consumers under applicable law.
21. Product Exchanges
Where SARGADELOS voluntarily offers an exchange service for products that are not defective or non-conforming, collection and reshipping charges may apply.
The relevant amount will be communicated to the customer before the exchange is arranged.
22. Intellectual and Industrial Property
All texts, photographs, designs, logos, trademarks, illustrations, graphic elements and other content on www.sargadelos.com are protected by intellectual and industrial property rights.
The SARGADELOS trademark, its distinctive signs and protected designs may not be reproduced, used, modified or exploited without the express authorisation of the rights holder.
In particular, the use of SARGADELOS photographs, designs, trademarks or identifying elements for commercial or promotional purposes without prior written authorisation is prohibited.
23. Electronic Communications
The customer agrees that communications relating to orders may be made by email or through other electronic means provided during the purchasing process.
Such communications shall have full contractual validity where permitted by applicable law.
24. Force Majeure
SARGADELOS shall not be liable for failures or delays resulting from events beyond its reasonable control, including strikes, labour disputes, natural disasters, wars, acts of terrorism, epidemics, government restrictions, extraordinary disruptions to transportation or communications, or any other event of force majeure.
Affected obligations shall be suspended for the period strictly necessary while the force majeure event continues.
25. Severability
If any provision of these Terms and Conditions is declared wholly or partially void, invalid or unenforceable, this shall not affect the validity of the remaining provisions.
26. Amendments to the Terms and Conditions
SARGADELOS reserves the right to update or amend these Terms and Conditions.
As a general rule, the terms applicable to each transaction shall be those in force on the date the customer places the order.
27. Language
Contractual relationships may be entered into in the languages available on the online store.
In the event of any discrepancy between translated versions and to the extent permitted by applicable law, the original Spanish version shall prevail.
28. Applicable Law and Jurisdiction
These Terms and Conditions and contracts entered into through www.sargadelos.com shall be governed by Spanish law, without prejudice to any mandatory consumer protection provisions applicable according to the consumer's place of residence.
Where the customer qualifies as a consumer, any dispute shall be resolved by the courts having jurisdiction under the applicable consumer protection legislation.
In relations with customers who do not legally qualify as consumers, the parties shall submit, unless mandatory law provides otherwise, to the competent courts of Spain.
29. Data Protection
Personal data provided by users shall be processed in accordance with the Privacy Policy published on www.sargadelos.com and applicable data protection legislation.
30. Contact
For any queries concerning orders, deliveries, returns or these Terms and Conditions:
PORCELANA DE SARGADELOS S.L.
Sargadelos s/n
27891 Cervo, Lugo
Spain
Telephone: +34 982 557 841
Email: tonline@sargadelos.com