General sales conditions
SANUS COMUNICACIÓN Y BRANDING SL (hereinafter, "SANUS" or the "Seller") offers you an online shopping service that will allow you to buy the items available in our online store.
Next, we invite you to review the general conditions of sale (hereinafter, "CGV" or "General Conditions of Sale") that regulate the conditions governing the use of this Website and the purchase or acquisition of products from through the website www.sanus.online (the "Website"). In this sense, the use of this Website constitutes, in what is applicable, your acceptance of these general conditions of sale. However, if you have any questions about them, you can contact our Customer Service.
These general conditions have been prepared in accordance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce and Royal Legislative Decree 1/2007, of November 16, by the that the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws is approved.
ARTICLE 1. GENERAL AND CONTACT INFORMATION
The ownership of this Website is held by SANUS COMUNICACION Y BRANDING SL, a commercial entity of Spanish nationality, with CIF B-76695576, registered in the Mercantile Registry of Santa Cruz de Tenerife in Volume 3424, folio 76 and page number TF-56634 Registration 1 and whose contact details are:
Registered office: Goya nº 5 Bajo. 38007 Santa Cruz de Tenerife
Contact telephone number: 922 298 127
Contact email: email@example.com
ARTICLE 2. PURPOSE
The purpose of these Terms and Conditions is, on the one hand, to inform potential buyers of the conditions and modalities in which SANUS proceeds to sell and deliver the products ordered and, on the other, to define the rights and obligations of the parties. within the framework of the sale of products by SANUS to the customer (hereinafter, the "Buyer"). These Terms and Conditions will apply, without restriction or reservation, to all sales of products that SANUS offers through the Website.
Consequently, the fact of placing an order for products offered for sale on the SANUS Website implies for the Buyer the full and total acceptance of these GTCs, the knowledge of which prior to placing the order is acknowledged by the Buyer.
SANUS reserves the right to unilaterally modify these Terms and Conditions at any time. However, the CGV applicable to the Order will be those that the Buyer has accepted at the time of placing the Order.
ARTICLE 3 - FORMALIZATION OF THE CONTRACT AND ORDERS
The sale price, indicated in euros, of the products offered on the SANUS Website will be the price in force at the time the order is placed (hereinafter, “Order.” An Order is understood to be what is described in point 3.4 of these CGV). The sale price of the products that appears on the Website may at any time be modified by SANUS, the price that will be applied to the purchase being the one that appears on the screen at the time of placing the Order. This price will be the one applicable within the framework of distance selling.
The price does not include shipping costs, which will be invoiced as a supplement to the price of the products purchased. Shipping costs will be indicated prior to the Buyer registering the Order. The different delivery and shipping methods are established in section 5.1 of these Terms and Conditions and will be recalled on the Website; the shipping methods may at any time be modified by SANUS. Therefore, SANUS recommends that buyers periodically consult the Terms and Conditions that appear on the Website.
The prices will include the General Indirect Canarian Tax (IGIC) that may correspond and will be applicable on the date of the Order in accordance with current regulations. Any modification of the applicable rate will automatically affect the price of the products that SANUS sells on the Website.
3.2 Characteristics of the products
The Buyer may select one or more products from the different categories offered by SANUS on the Website.
Without prejudice to the Orders placed by the Buyer, SANUS may at any time modify the assortment of products offered for sale on the Website, especially as a result of restrictions linked to its suppliers.
In accordance with the applicable regulations, the Buyer will have the possibility, prior to the Order, to know on the SANUS Website, the fundamental characteristics of the products they wish to purchase.
The products will meet the requirements of current Spanish legislation.
For any inquiries regarding the products or for additional inquiries or requests for advice, the Buyer may contact the Customer Service by telephone at 922 298 127.
The products displayed on the Website will be valid as long as they remain advertised on it and, in any case, until the end of stocks. In the case of products that are not in our warehouses, the validity of the offers presented by SANUS will be subject to the availability of the products. At the time of placing the Order, it will offer the Buyer information that, in principle, there is on the availability of the products. Given that said information comes directly from our suppliers, exceptionally errors or modifications may occur, the Buyer not having the real information until the time of purchase.
In any case, in the event of total or partial absence of availability of the products after placing the Order, the Buyer will be informed by email, as soon as possible, of the absence of availability of the product and the cancellation total or partial of your Order.
In case of total cancellation of the Order:
The Buyer's Order will be automatically canceled and if he had not made the payment, no charge will be made against his bank account.
SANUS Customer Service will contact the Buyer to inform him of the cancellation of his Order and offer him the possibility of renewing the Order, with the exception of the product not available.
In case the payment has already been made, the order may be canceled as long as it has not left the SANUS facilities, in this case the total amount of the order will be reimbursed to the Buyer as soon as possible. In case the order was already prepared, the buyer should refuse the delivery and bear the shipping costs.
SANUS Customer Service will contact the Buyer to inform him of the cancellation of his Order and offer him the possibility of renewing the Order.
In case of partial cancellation of the Order:
The Buyer's Order will be validated and the full amount of the Order will be debited from his bank account.
Available products will be delivered to the Buyer.
The Buyer will be reimbursed the price of the requested product that is not available, as soon as possible.
The Buyer will have the possibility to check the details of his Order and to correct any errors.
From the moment the Buyer confirms his Order by clicking on the «Confirm and pay» icon (hereinafter, the “Order”), it will be considered that he has knowingly accepted the content and conditions of the Order in question and, in specifically, these General Conditions of Sale, the fact that your Order implies an obligation to pay, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and requested by the Buyer.
Once this phase has been validated and the order has been prepared, the Buyer will no longer be able to cancel his Order. The sale will be final (subject to the exercise by the Buyer of his right of withdrawal under the conditions set forth in article 6 of these General Conditions of Sale). The Order will be confirmed by SANUS by sending an email to the Buyer (the "Order confirmation email").
The Buyer is informed that the emails will be sent to the email address provided for identification during the registration process, prior to placing the Order.
On the other hand, SANUS does not assume any responsibility in case of error in the introduction of the email address or of non-receipt of the Order confirmation email. In these cases, the sale will be final, except in the event of cancellation of the Order by SANUS, especially in the case of unavailable products. However, the Buyer may exercise his right of withdrawal under the conditions set forth in article 6 of these General Conditions of Sale.
Once the amount of the Order has been collected, an email will be sent, if requested by the Buyer, with its electronic invoice.
In accordance with the applicable regulations, SANUS reserves the right to refuse or cancel for legitimate reasons any Order in which the number of products or the amount to be paid (for a single order or for several accumulated orders) or other elements manifest in a way that evidences the development by the Buyer of an economic activity related to the requested products or, in general, any abnormal Order in accordance with the case law applicable to the case.
Finally, SANUS reserves the right to suspend or cancel the execution and / or delivery of an Order, regardless of its nature and degree of execution, in the event of non-payment or partial payment of the amounts owed by the Buyer, if of incidents in the payment or in the event of fraud, consummated or attempted, related to the use of the SANUS Website, including fraud committed as a result of previous Orders.
ARTICLE 4 - PAYMENT
4.1 Payment methods - Bank cards
The means of payment through which you can buy on the Website are bank cards. The bank cards accepted on the SANUS Website are the following: Visa and MasterCard.
All bank card holders are subject to validation and authorization checks by the card issuer. If the issuer of the buyer's payment card denies, or for any reason does not authorize the payment in our favor, either before or after a payment, we will not be liable for any delay or non-delivery.
4.2 Payment methods
All Orders must be paid in euros, including all mandatory taxes and duties. The bank costs will be borne, where appropriate, by the Buyer (including the assumption of reimbursement).
4.3 Security in payment operations
In order to guarantee the security of payments made by bank card, the Buyer must communicate to SANUS the visual cryptogram (CVV) that appears on the back of the bank card used by the Buyer.
Within the framework of the fight against fraud on the Internet, the data related to the Buyer's Order may be communicated to third parties authorized by law or designated by SANUS, for the sole purpose of verifying the identity of the Buyer, as well as the validity of the Order, the means of payment used and the expected delivery.
SANUS uses a secure Stripe payment platform that meets the highest security requirements in force.
ARTICLE 5 - DELIVERY AND RECEPTION
5.1 General provisions
The products requested by the Buyer in accordance with the provisions of these Terms and Conditions may be delivered or collected, at the Buyer's choice, as follows:
- At the address that the Buyer has indicated as the delivery address for the corresponding Order (hereinafter, "Delivery Address"). SANUS only makes deliveries in the Canary Islands (Spain). In this case, the Buyer or the recipient of the Order will receive the products through the transport company chosen by SANUS, having to sign an electronic acknowledgment of receipt. The aforementioned electronic acknowledgment of receipt will serve as proof of delivery of the Order by SANUS.
If the Buyer of the Order is absent at the address provided at the time of delivery, the transport company will try to deliver the package again the next business day, after having duly informed the recipient of the incident by SMS, email and / or or an arrival notice in the mailbox.
In the event that the recipient is absent a second time at the address provided during the purchase process, the buyer or recipient of the Order will receive an arrival notice, an email and / or an SMS, informing that their Order will be available for to pick it up during the following 15 days at the headquarters of the corresponding transport company.
If within 15 days of counting from the second unsuccessful delivery attempt, the package will be returned to SANUS and the money reimbursed to the Buyer, by any means of payment, according to SANUS's choice, return costs previously deducted.
No claim regarding delivery will be accepted when the package appears as delivered, for which purpose the carrier's computer system (identification) will be reliable.
5.1.1 Shipping cost of the Order
Orders will have no cost if they are greater than THIRTY NINE (€ 39.00) euros, in case of orders less than that amount, the shipping cost will be determined at the time of the purchase summary.
5.2 Anomalies, damages or damaged packages
5.2.1 General provisions
The Buyer, or the recipient of the Order, is recommended to check the external condition of the package and the products at the time of delivery.
In the event of an anomaly related to the package (damaged package, open package, liquid residues, etc.) or related to the ordered product (s) (missing product (s), damaged product (s)), the The Buyer must imperatively follow the corresponding procedure, from among those described below (in articles 5.3.2 and 5.3.3 of these General Conditions of Sale), to the status of the Order. Failure to comply with the proper procedure will exclude the possibility of appeal against the carrier and against SANUS. Specifically, the Buyer may not demand any reimbursement. The Buyer, or the recipient of the Order, may not demand from SANUS the replacement of the products ordered.
Likewise, the Buyer or the recipient of the Order will have the possibility of calling SANUS Customer Service to find out the modalities for the return of the damaged product (s). In this case, the Buyer will be obliged to follow the procedure for the return of damaged products that has been indicated by the SANUS Customer Service. Otherwise, the Buyer may not demand a refund or replacement of the affected products.
5.2.2 Obligatory procedures in case of damaged package
- In the event of an incident found in the presence of the transport company:
- Refuse the delivery and reveal the incident clearly and in detail.
- Indicate the reason for the refusal of delivery in the SANUS Customer Service.
- In case of incidents found without the presence of the transport company:
- Report the anomaly to SANUS Customer Service through the following means
- Email: firstname.lastname@example.org
- Telephone: 922 298 127
The notification of incidents and the formulation of claims must be made as soon as possible and, in any case, within 3 business days from the delivery of the product.
5.2.3 Obligatory procedures in case of missing or damaged product
The Buyer must notify the absence or degradation of the product to SANUS Customer Service through the means specified in the previous section. The SANUS Customer Service may request any information regarding the identity of the Buyer or recipient of the Order and proceed to whatever verifications are necessary for the case.
5.3 Delivery times
Delivery times start counting from the sending of the order confirmation email, except for payments with bank transfer that would start counting from the reception of the transfer by SANUS and will be those that are communicated to the buyer before make and confirm the purchase.
In the event that delivery times are exceeded for any cause other than force majeure, the Buyer will have the possibility of canceling his Order.
ARTICLE 6 - RIGHTS AND TERM OF WITHDRAWAL
6.1. Right and legal withdrawal period
6.1.1. Term for the exercise of the right of legal withdrawal
In accordance with the applicable regulations, the Buyer has a period of FOURTEEN (14) days, from the date of receipt of the Order, to exercise his legal right of withdrawal without being obliged to give reasons for his decision.
6.1.2. Products excluded from the right of legal withdrawal
In accordance with the applicable regulations, the legal right of withdrawal may not be exercised in the case of Orders relating to:
- The supply of articles that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection.
- The supply of fresh products for immediate consumption
Consequently, the Buyer is warned of the fact that he will not be able to assert his legal right of withdrawal with respect to articles unsealed by the Buyer whose commercialization by SANUS entails risks for reasons of hygiene or protection of the health of consumers (p eg: care products, makeup, consumer products, food, etc.).
6.1.3. Consequences of exercising the legal right of withdrawal
When the products are capable of availing themselves of the legal right of withdrawal, the Buyer who exercises his right of withdrawal in the conditions provided in this article, both in relation to the term and in the methods of returning the products, may obtain a refund of the amount paid for the acquisition of the returned products. The refund of the amount paid must be made without further delay, and in any case, before FOURTEEN (14) calendar days from the date on which SANUS was informed of the right of withdrawal by the Buyer.
In accordance with the applicable regulations, the costs of returning the products will be borne by the Buyer, except in the case of non-conformity of the products delivered with the Order (in which case the return costs will be borne by SANUS).
6.2. Modalities of exercising the legal right of withdrawal and the contractual right of withdrawal
6.2.1. General provisions applicable to all return modalities
Products must be returned to SANUS in an appropriate state for marketing (products in perfect condition, accompanied by their original packaging, accessories, leaflet, etc.) within a maximum period of 14 days from the date of receipt. Product returns that occur after that period will not be accepted.
The products must be accompanied by the Order number, it is the Buyer's responsibility to pack the products so that they arrive correctly at the SANUS facilities.
In the event that the Buyer had benefited from an offer for purchase on the Website, for which he was entitled, under certain conditions, to one or more products offered in return for his Order, and that as a result of his exercise of the right of withdrawal loses the right to said offer; The Buyer must return, together with the products affected by the withdrawal, the offer product (s) that he had received in return for his Order so that SANUS can take into consideration his request for withdrawal.
The responsibility of the Buyer may be demanded in case of depreciation of the product as a result of its manipulation other than the manipulation necessary to establish the nature, characteristics and, where appropriate, proper functioning of the products.
6.2.2. Return to the collection points of the transport company
In addition to the conditions established in article 6.3.1 of these General Conditions of Sale, the Buyer who wishes to exercise his right, whether legal or contractual, of withdrawal, returning a product by courier / parcel, must respect the following instructions:
- Use the original packaging to return the affected product (s).
- Through the collection points indicated by the transport company.
SANUS will not accept shipments by courier or parcel with postage due.
In the event that the Buyer does not effectively demonstrate that he has secured the deposit of the product with the carrier or in the establishment, the risks associated with the return of the product will be borne by the Buyer.
ARTICLE 7 - GUARANTEES
7.1. Legal guarantees
All the products for sale on the Website are covered by the legal guarantee in accordance with the applicable regulations and by the guarantee against hidden defects, which allows the Buyer to return defective or non-conforming products that have been delivered free of charge. .
7.1.1 Legal guarantee of conformity
In accordance with the applicable regulations, SANUS is obliged to deliver products that are in accordance with the contract, responding to any lack of conformity that exists at the time of delivery of the product. It will also be liable for defects in conformity resulting from the packaging, assembly or installation instructions, when it is at its own expense under the contract or has been carried out under its responsibility.
To be in compliance with the contract, the product must:
- Be suitable for the uses to which products of the same type are ordinarily intended;
- Comply with the description made by the seller and possess the qualities of the product that the seller has presented through the Website;
- Present the quality and that the Buyer can reasonably expect, taking into account the public statements made by SANUS, in particular in advertising or on labeling. Likewise, SANUS will not be bound by these statements if it demonstrates that it was unaware and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time the contract was concluded, or that such statement could not influence the decision to buy. the product.
- Present the characteristics defined by mutual agreement between the parties or be suitable for any specific use intended by the buyer, made known to the seller and that the latter has accepted.
The action resulting from defects of conformity prescribes TWO (2) years from the delivery of the good.
7.1.2 Legal guarantee for hidden defects
In accordance with the applicable regulations, SANUS will be bound by the guarantee for hidden defects in the product sold, if they make it unsuitable for the use for which it is intended, or if they reduce this use in such a way that, if they have been known to the Buyer, would not have acquired it or would have given a lower price for it.
The action resulting from the hidden defects must be exercised by the buyer within SIX (6) months after the discovery of the hidden defect.
In the context of the legal guarantee for hidden defects, SANUS undertakes, after evaluation of the hidden defect, at the Buyer's choice:
- To refund the full price of the returned product or;
- To reimburse a part of the price of the product when the Buyer chooses to keep the product.
7.1.3 Exclusion of guarantees
Products modified, repaired, intertwined are excluded from the guarantee.
7.2 Modalities of execution of legal guarantees
When it comes to the legal guarantee of conformity, the Buyer:
- You have a period of TWO YEARS, counting from the delivery of the property, to exercise the action;
- You can choose between the repair or the replacement of the property, without prejudice to the conditions on expenses established in the applicable regulations;
- He is exempted from presenting proof of the existence of the defect of conformity of the good during the six months following the delivery of the good.
- Keep the purchase invoice and / or the order delivery note.
The legal guarantee of conformity applies independently of any other consented commercial guarantee.
For any claim related to legal guarantees, the Buyer must contact the Customer Service through the means specified in these CGV.
These provisions do not exclude the right of withdrawal provided for in article 6 above.
degrees or added by the Buyer. The guarantee does not apply to products that have suffered deterioration during transport or as a result of their misuse.
7.3 Consequences of the execution of the guarantees
Within the framework of the legal guarantee of conformity, SANUS undertakes, at the Buyer's choice:
- To replace the product with an identical one based on available stocks, or
- To reimburse the price of the product when its replacement is impossible.
In the context of the legal guarantee for hidden defects, SANUS undertakes after evaluating the hidden defect, at the Buyer's choice:
- To refund the full price of the returned product, or
- To reimburse a part of the price of the product when the Buyer chooses to keep the product
ARTICLE 8 - SIGNATURE AND PROOF
SANUS works to protect the personal data of its clients, guaranteeing a high level of security; however, the Buyer must also participate in the protection of their personal data. Specifically, the Buyer must maintain the security of his online transactions, for example, by not communicating his identifier (Buyer's email address) and / or password to anyone, and by periodically changing the password. In this sense, SANUS does not assume any responsibility for the disclosure of the Buyer's data to any person who makes use of the Buyer's identifier (email address) and / or the Buyer's password.
In this regard, the use of the identifier (Buyer's email address) and / or password of the Buyer will be proof of his identity and of the enforceability, at the time of validation of the Order, of the corresponding amounts.
SANUS does not assume, in any case, any responsibility for the fraudulent use of this data. The communication of the bank card number and the definitive validation of the Order will serve as proof of the acceptance of said Order and the enforceability of the amounts committed for the reservation of the products that appear in the Order. The computer records, kept in the computer systems of SANUS and its associates, will be considered proof of the communications, Orders and payments made between the Parties.
ARTICLE 9 - CUSTOMER SERVICE / MEDIATION SERVICE
For any additional information, query related to the status of an Order or a return, or a claim related to an Order, you can contact SANUS Customer Service by phone at 922 298 127 during business hours indicated under the heading "Contact" on the Website or by sending an email to the address email@example.com.
ARTICLE 10 - LIABILITY
Prior to placing the Order, the Buyer declares to have full legal capacity to be bound by these General Conditions of Sale. Consequently, in the event that a person who does not have legal capacity places an Order for articles on the SANUS Website, the legal persons responsible for said person (especially parents or guardians) will assume full responsibility for said Order and, in particular, they must satisfy the price of the same.
10.2 Limitation of liability
The responsibility of SANUS for the obligations established in these General Conditions of Sale may not be demanded when the breach of said obligations is attributable to acts of third parties, even when said facts were foreseeable, to the fault of the Buyer or to the occurrence of a circumstance of force majeure, as defined in the applicable jurisdiction, or of any other circumstances that reasonably escape the exclusive control of SANUS. The information available on the Website is stated without any guarantee, neither implicit nor express, regarding its integrity, accuracy, timeliness, absence of infringement, availability, reliability or completeness of the data, products, accessories or services that appear on the Page SANUS website or on their suitability for the use that the Buyer plans to make of them. SANUS DISCLAIMS ALL LIABILITY FOR DAMAGES, DIRECT AND INDIRECT, FORESEEABLE OR NOT, SUFFERED AS A RESULT OF THE USE OF THE WEBSITE. IN THE EVENT THAT SANUS'S LIABILITY WILL BE ESTABLISHED FOR DAMAGES SUPPORTED BY THE BUYER ATTRIBUTABLE EXCLUSIVELY TO THE PLACEMENT OF THE ORDER, SUCH LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE ORDER THAT THE BUYER HAD PAID TO SANUS.
ARTICLE 11 - PERSONAL DATA PROTECTION
ARTICLE 12 - MISCELLANEOUS
12.1 Partial disability
If one or more of the provisions of these CGVs were considered invalid or declared invalid by application of any law, regulation or as a consequence of a final decision of a competent authority, the remaining stipulations will fully retain their validity and scope.
12.2 Waiver exclusion
The fact that any of the Parties does not exercise the rights that assist it in the event of non-compliance by the other Party of any of the obligations imposed by these CGV may not be interpreted as a waiver of future breaches of the obligation in question. .
12.3 Applicable law and competent jurisdiction
These General Conditions are governed by the legislation of the Spanish State. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile.
The CGV will apply during the entire period in which the products offered by the SANUS company remain online and until the expiration of the guarantee periods. In any case, the provisions of "Article 10. Liability" will remain in force after the termination of the GTCS.
TERMS REVIEW DATE: JUNE 2020