These GENERAL CONDITIONS OF SALE will apply to your order; we, therefore, highly recommend that you read them through carefully before completing your request and confirming your order.
1.- THE SALE CONTRACT AND ITS PARTIES
1.1- The supplier of the products herein ordered is ENGONARI DESIGN AND MATERIA, S.L.. located at Calle Balmes, 36, 46001 VALENCIA (hereafter ENGONARI, SANICO STORE or THE SUPPLIER).All communications should be made through:firstname.lastname@example.org
1.2.- The Sale Contract will be understood as made from the moment that the email confirming you order is sent
From that moment the User will be THE BUYER in the Sale Contract
2.- YOUR ACCOUNT AND PASSWORD WITH SANICO STORE
2.1.- The confidentiality and security of your account with SANICO STORE rests entirely with you, whereby you accept total responsibility for whatever type of activity made from the account using your password. It is most important that you ensure that it is within your control and cannot be used without your prior knowledge
2.2.- If, for whatever reason, you believe that you account has been used, or could be used, without your authorisation, you should communicate the fact to us immediately. ENGONARI, under no circumstances, will be responsible for the consequences as a result of inadequate protection of your account details.
2.3.- ENGONARI expressly reserve the right to deny access to the SANICO STORE webpage and even to cancel orders (without cost to the client) in such cases where there is reason to doubt the appropriate use of the account
2.4.- Your account contains your sales record, and both delivery and electronic contact information. The ( electronic contact ) details may be modified at any time by entering into the account online with your User name and Password. Additionally, ENGONARI never has sight of the details of the credit card used for payment, since this is managed directly with the chosen financial body through a secure and confidential methodology.
2.5.- We consider a telephone call to parents is necessary in order that they become aware that their children are able to visit our website and other online companies, registering as Users and abusing their parents´ accounts. It is important that they are advised never to give out any type of information without our express authorisation. We will not deal with any registration or order when we have the least doubt as to the age of the User.
3.- REGISTER FORM
3.1.-The User guarantees that all the details provided in the online registration are correct, precise and current. If any details change, these must be corrected in your online account immediately in order, for example, that there are no repercussions or additional delivery charges.
3.2.- Therefore, the User will be directly responsible for the registration of a false name or one that is unauthorised, including any negative impact to the website of SANICO STORE due to inappropriate use.
4.- THE PRICE AND PAYMENT
4.1.- The price of products, including VAT(Value Added Tax) are clearly indicated in the e-mail confirming the correct receipt of an order. Any other charge will appear, itemised on a separate line and, will, in any case, will always be adjusted to the conditions indicated below.
4.2.- Payment will always be made in full (including any extras charges that might be applicable) at the time that the online order is placed and, in order to guarantee security, uniquely via the payment mechanisms established for this purpose on the website.
4.3.- Property right for the products acquired will not be granted to the Buyer until ENGONARI has been paid in full for the total amount of charges indicated in the confirmation
5.- RIGHT TO CANCEL AN ORDER
The following legal clauses will not apply in the case of those products which are defective or fail to correspond to their description, in which case our guarantee will apply to protect the interests of the User.
5.1.- Orders made online via SANICO STORE may be cancelled, without any cancellation cost, at any time, up to and including seven (7) days following delivery of the products, on condition that the established instructions for this procedure on the webpage are strictly followed.
5.2.- Those articles labelled “We made it for you” are produced expressly in accordance with your order and their manufacture is begun at the same time as the confirmatory e-mail is sent. Consequently, in the case of their cancellation, such items will have a cancellation fee but never more than 30% of the price shown.
5.3.- Cancellation must be done by the account holder, via the online SANICO STORE account and using the appropriate password. In no circumstances will it be possible to cancel orders by telephone.
6.- DELIVERY OF ORDER
6.1.- Orders will be delivered either through DHL or UPS, except in such cases that the dimensions or weight require the use of a specialised transport company. It is possible that your order may be delivered in more than one delivery, due to the nature of the products chosen.
Deliveries will always be made during working hours
6.2 .- In the record of each article a delivery date will always appear for standard products and for those which are customised and marked WE DO FOR YOU. We will always try to serve your request in the shortest possible time (even before the deadline) and you will always be advised in advance of the delivery plan for your order, or for any delay in delivery, if applicable.
7 .- CONDITIONS OF DELIVERY AND POSSIBLE ADDITIONAL CHARGES
7.1 .- Delivery is always understood as to be completed at street level, in other words to the ground floor of any building, near a road and accessible to a carrier. If delivery site conditions fail to match the foregoing, you should advise us accordingly by filling in the space provided on the ordering form, so we can evaluate the delivery implementation and any additional charges. Should such costs be chargeable, we will communicate them in our acceptance e-mail and they need to be paid at the time of the order confirmation in order for it to be valid. It is possible that we will be unable to accept the delivery conditions proposed in your request but, in such circumstances, we would always let know you by email.
7.2 - Additional costs will apply also in the following circumstances:
1. If you communicate a change in delivery address with insufficient time or when the order has been shipped.
2. If the shipment is found to be more expensive because of known, but unreported, circumstances at the time of the order.
3. If delivery is not possible and has to be returned due to access problems (e.g. by narrow doors, inaccessible stairs, etc.) or because the products do not fit in the place where they should be located.
4. If, at the agreed delivery time, there was no adult person present to sign the transportation agency´s delivery note and the item had to be returned and resent.
Remember that you can avoid most of these expenses by warning of any special conditions in your place of delivery, or by informing us as soon as possible of any circumstances that might affect product delivery. This is especially important for large or heavy items, or those particularly sensitive to transportation (such as bathtubs, shower trays, screens or pedestal sinks, pe).
7.3 For bulky or heavy products which cannot be delivered to an address due to inaccessibility or other difficulty, you need to communicate (within 7 days of first attempted delivery) of an alternative address where they can be delivered. If we have not received this communication within the specified 7 days, we may cancel the order and implement a handling fee of 20% of the order, plus transport costs, which under no circumstances can be refunded.
7.4 Such cancellation, due to the impossibility of delivery, may also apply when delivery has proved impossible on more than two occasions due to the causes mentioned in clause number 7.2.
8 .- DELAYS IN DELIVERY
The terms listed on our site are always estimates. If delivery is delayed by circumstances beyond our control, and your order cannot be delivered within that period stated, you will as advised as soon as possible as to the new estimated delivery. If you can wait until that date, you should inform us at email@example.com immediately.
9 .- RECEPTION OF GOODS
9.1 .- When goods are received, special attention must be paid to any possible damage caused in transportation in order make an immediate claim, to the same carrier, at the time of signing the delivery note or, at most, by e-mail within 24 hours of reception. No shipping damage claim is acceptable if unreceived within 24 hours, either on the delivery note or by e-mail at firstname.lastname@example.org
9.2 .- The products are never unpacked or installed by the carrier making delivery. If you require an installation service you should apply by email to email@example.com and we will endeavour to provide a local installer and an idea of price. In any case, the installation contract shall be at your discretion and without any liability for SANICO.
10 .- PRODUCT REVIEW
10.1 .- To inspect the goods, they must, of course, be unpacked, but this must be done with the utmost care so that in such case that they have to be returned, the packaging may be adequate and properly used.
10.2 .- The majority of our products are used in a mounted position, but even so, inspection of the products must be done before assembly or installation because, in all probability, they could not be returned thereafter since they would show signs of having been assembled or installed.
10.3 .- If you find that the products have a manufacturing defect you should report it as soon as possible, describing the defect observed with as much detail as possible or, preferably, enclosing photographs of the defective product by e-mail to firstname.lastname@example.org.
10.4 .- As the buyer you agree that ENGONARI personnel (or persons authorized by ENGONARI) review the product in order to establish our responsibility and that, when appropriate, we are permitted to enter and collect the producs for shipment to a testing or certification service.
10.5 .- If the replacement of any product due to our acceptance of a quality complaint becomes necessary, express authorization must be given to permit us to withdraw the original product. A new delivery date must be accepted in the case of non-available products and, especially, for those customised with the words WE DO FOR YOU.
10.6 .- The products that require assembly or installation should be assembled or installed following the instructions (to be found either in package inserts or on our webpage) or failing that, by following the usual guidelines for professional bathroom installation. We are not responsible for products assembled or installed improperly, or for any damages caused by such installation.
10.7 .- Before making any claim conclusive proof of product purchase will be necessary. Only claims for products purchased through this online store can be accepted. Access to claim forms is restricted to registered users and can only apply to their own orders.
10.8 .- The provisions set forth in this document do not affect your rights as a consumer, nor our two year product guarantee against manufacturing defects, according to law.
11 .- PRODUCTS THAT APPEAR ON THE WEB
11.1 .- Our products are subject to possible changes designed to improve their functionality or aesthetic, so we reserve the right to change the products displayed on the website showing the new features, where appropriate.
11.2 .- It is always understood that the products are for domestic use and should be used that way, with appropriate care taken of them, according to the indications or instructions provided or posted on the webpage.
11.3 .- If you make new purchases, ENGONARI cannot guarantee that the products supplied are identical to the original purchase or that the colours are a perfect match. Most of our products are made of natural materials and, therefore, subject to natural variations that make them unique and enhance their beauty.
12 .- POSSIBILITY OF ORDER CHANGES
12.1 .- You can make all the changes you want in your order, but if the order has already been sent or are items that are sold upon request, these order changes may be affected by the regulations that, in these circumstances, limit the potential return. Any order changes are likely to affect the deadlines set in the initial order.
13 .- REFUND
13.1 .- In order to proceed with the refund of a purchase, the product must be in the same condition as received (including packaging, instructions and other material attached) and the procedure laid down in the website for its return carefully followed. If the return does not meet these requirements we reserve the right not to accept the product, or to make charges for packaging or product damage.
13.2 .- When a refund is accepted, we will give a collection order to our carrier who will contact you to arrange collection. Please keep in mind that it may take some time and you must be ready for collection, having to hand both the goods and necessary documentation, in accordance with instructions received. The cost of carriage for returns will be non-refundable, except in those cases of defective merchandise or error.
13.3 .- The transport costs are non-refundable.
13.4 .- Upon receipt of the returned merchandise, and the express acceptance of the return (total or partial), this decision will be communicated via e-mail, and the refund will be made in the shortest possible time and always by the same means as the order payment was made.
13.5 .- In the event of a cancellation, if collection is impossible within 28 days of cancellation, this will void the cancellation, and the terms and conditions of the initial order in all its aspects will come back into force.
13.6 .- The return of the goods shall always be through the appropriate agency in the acceptance of the return.
13.7 .- The refund will be made exclusively by the same method as used in payment.
13.8 .- Should the goods have been delivered to third parties and cannot be returned, no refund is possible.
14 .- OUR SERVICE DEPARTMENT
14.1 .- Our customer on-line service can help you make the right product choice and can advise on their best use, but we are unable to advise on plumbing, electrical, carpentry, masonry and other trades related to housing and construction. If you require such services, we suggest you contacting a reliable professional.
14.2 .- Our staff are not authorized to advise on the suitability of our products for uses other than the habitual and normal ones. If you wish to use any of our products for these purposes, it will always be at your own risk and we recommend seeking advice from a reliable expert.
15.1 .- We are committed to providing the necessary security controls to protect your personal information from any foreseeable risk. We have strict security procedures concerning the storage and disclosure of information in order to prevent unauthorized access thereto, in accordance with the provisions of article 9 l a ley 15/1999 of 13 December concerning the Protection Personal Data in force in Spain. If, in some cases, we contract with other companies to offer an even better service, these companies are controlled by ENGONARI regarding the guarantee of privacy, to ensure maximum protection.
If you sign-up for our electronic newsletter, we will require your personal data in order to assess the success of our actions and to plan future promotions.
ask you to refrain from providing such information and using our site.
16 .- THE SITE AND ITS CONTENT
16.1 .- This website is owned ENGONARI DESIGN AND MATERIA, S.L. company incorporated under Spanish law.
16.2 .- This website contains logos, trademarks and designs owned by ENGONARI DESIGN AND MATERIA, S.L. or used by us with the permission of the owner. The user of the website does not acquire any rights at all and cannot, therefore, make any use thereof, without the express written permission of ENGONARI DESIGN AND MATERIA, S.L..
Establishment of links to our website, without our express written permission, is strictly forbidden.
If the site makes applications available, or permits files to be downloaded, the user is entitled to such use only, and never acquires any rights over them.
16.3 .- The user of this site agrees not to use it for illegal purposes or activities and shall not be entitled to modify the content of the web. To copy, distribute, publish, or reproduce in any form is expressly prohibited, as is the incorporation of our webpage content in any other works, regardless of its distribution.
16.4 .- We reserve the right to modify the content of the website without prior notice. This right shall apply to all web content, including prices, items offered and their characteristics, and even the actual conditions of sale.
17 .- APPLICATION OF THESE RULES AND REGULATIONS, AND SETTLEMENT OF DISPUTES
17.1 .- These conditions of sale represent a strengthening, but never a weakening, of your consumer rights and will apply to your order from the moment of confirmation.
17.2 .- No assignment of your rights to third parties shall be valid without the express acceptance of ENGONARI.
17.3 .- If any of these conditions were declared to be void, invalid, illegal or unenforceable by any competent authority, it shall be understood that they shall continue in effect over the part or parts unaffected by such declaration, and never as totally disabled (unless that had been the specific decision declared).
17.4 .- In the event of a breach of some of the conditions of sale on your part, and no legal action being initiated, this would never mean a waiver of any rights on our part, nor would it invalidate the possibility of initiating action in similar future situations.
17.5 .- Any claim must be made by sending an e-mail to email@example.com. Such a claim must be made for purchases made through our online store, as we cannot accommodate any other type of claim. For purchases made through the Spanish online store, claims must be made in the Spanish language.
17.6 .- These general conditions of sale and all sales contracts are made subject to Spanish law and subject to the jurisdiction of Spanish courts. In the case of any dispute, the parties expressly agree to submit themselves to the Courts of Valencia
Thank you for visiting our store SANICO STORE. If you've decided to buy something, we appreciate your trust and hope you enjoy our products for a long time. In any case, we look forward to you visiting our store again very soon.