General conditions
Introduction
This contractual document will govern the General Conditions of Contracting of products (hereinafter, "Conditions") through the website www.sturgeongold.es, property of LUCIA LÓPEZ DEL CASTILLO under the trademark of STURGEON GOLD, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the USER's disposal for reproduction and storage as confirmation of the contract, and may be modified at any time by LUCIA LÓPEZ DEL CASTILLO. It is the USER's responsibility to read them periodically, since those in force at the time of placing orders will apply. LUCIA LÓPEZ DEL CASTILLO will archive the electronic document where the purchase is formalized and will have it available to the USER in case he/she requests it.
Contracts shall not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understood and comprehend what is stated herein.
- A person with sufficient capacity to enter into contracts.
- Assume all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is LUCIA LÓPEZ DEL CASTILLO, with registered office at Avenida Emilio Arrieta 1, 66, 28706, San Sebastián De Los Reyes, Madrid, NIF: 53014339Y and customer service telephone number: 626957707
And on the other hand, the USER, who is responsible for the veracity of the personal data provided to the PROVIDER to make the purchase.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the time when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a price determined and publicly displayed through the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the email address: skincream@sturgeongold.es so that LUCIA LÓPEZ DEL CASTILLO can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting procedure
In order to access the products offered by the PROVIDER, the USER must be of legal age or an emancipated minor. Therefore, the USER must freely and voluntarily provide the personal data requested, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.
Please be advised that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contractual clauses. 2. Shipping and delivery of orders. 3. Right of withdrawal. 4. Complaints and online dispute resolution. 5. Force majeure. 6. Competition. 7. General information about the offer. 8. Price and validity period of the offer. 9. Shipping costs. 10. Payment method, costs and discounts. 11. Purchasing process. 12. Dissociation and suspension or termination of the contract. 13. Guarantees and returns. 14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
The USER is responsible for verifying that the components or active ingredients of the marketed product do not cause allergies before purchasing it.
The USER assumes all risks associated with the use of the product. The PROVIDER will not be responsible for any allergic reaction that the USER may experience after purchasing the product. In case of doubt, the seller should be contacted at the email: skincream@sturgeongold.es for more information.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not send any order until it has verified that payment has been made.
Merchandise shipments will usually be made by COURIER (POSTAL/EXPRESS) (CORRECO, DHL, etc.), according to the destination freely designated by the USER.
Shipping will be carried out once the availability of the merchandise has been confirmed and payment for the order has been verified.
Delivery times will vary depending on the destination and the payment method chosen. For domestic destinations on the peninsula, it will take between 7 and 10 working days and for domestic destinations outside the peninsula, European and international destinations, it will take between 10 and 15 working days. The expected shipping and delivery date will be provided prior to order confirmation.
Failure to execute the distance contract
In the event that the contract cannot be executed because the contracted product is not available within the stipulated period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with respect to the return of the total amount, the USER may claim payment of double the amount owed, without prejudice to his right to be compensated for damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.
Delivery will be considered to have been made when the carrier has made the products available to the USER and the USER, or his/her delegate, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
Withdrawal form: Click here
The right of withdrawal and the return of products are regulated in article 102 and following of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to exercise the right of withdrawal, regulated in article 102 of RDL 1/2007.
Exceptions to the right of withdrawal
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here.
Specifically, the right of withdrawal will not be applicable to contracts referred to in article 103 e) of RDL 1/2007: The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
The right of withdrawal will not apply if the USER experiences allergies to the components or active ingredients of the product, detailed in the ingredients sheet.
Any return must be communicated to the PROVIDER, requesting a return number by email to skincream@sturgeongold.es, indicating the corresponding invoice or order number.
Once the USER has received the return number, he/she will send the product to the PROVIDER, without any undue delay and, in any case, no later than within 14 calendar days from the date on which he/she communicates his/her decision to withdraw, indicating the return number that has been provided to him/her in the shipping letter, with the transport costs at his/her expense, to the address of LUCIA LÓPEZ DEL CASTILLO, Avenida Emilio Arrieta 1, 66, 28706, San Sebastián De Los Reyes, Madrid.
The PROVIDER will only be responsible for the refund amount if the USER's withdrawal is due to the fact that the product was received in poor condition.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of shipping according to the rates applied by the courier company to the USER, previously informing them of this through the same communication channel used.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be attended to as soon as possible and can be made at the following contact addresses: LUCIA LÓPEZ DEL CASTILLO.
· Postal address: Emilio Arrieta Avenue 1, 66, 28706, San Sebastian De Los Reyes, Madrid
· Phone: 626957707
· Email: skincream@sturgeongold.es
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without having to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Fulfillment of the obligation shall be delayed until the cessation of the event of force majeure.
6. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions is deemed void or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of LUCIA LÓPEZ DEL CASTILLO or to what is stipulated herein will have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) and shipping costs at national and European level, except Ceuta, Melilla, the Canary Islands and Andorra.
These prices, unless otherwise expressly stated, do not include any other taxes that may be applicable, international shipping or communication costs, handling or any other additional services attached to the purchased product.
For shipments to Ceuta, Melilla, the Canary Islands and Andorra and international shipments, please consult.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the products may vary in real time.
Before making a purchase, you can check all the details of your quote online: items, quantities, price, availability, shipping costs, fees, discounts, taxes and the total purchase price. Prices may change daily until the order is placed.
Once the order is placed, prices will remain the same whether the products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the USER or the company name that the USER has provided at the time of placing the order. This invoice will be automatically sent to the user to the email address provided after making the purchase.
For any information about the order, the USER may contact the PROVIDER's customer service phone number 626957707 or via email at the address: skincream@sturgeongold.es
9. TRANSPORTATION COSTS
The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.
Shipping costs will be calculated when saving the basket or quote, as they are calculated by the weight of the products and the delivery address.
The transport rate (VAT included) applied by the parcel company CORREOS (prices updated to February 2024) is as follows:
Shipments within the peninsula or Andorra:
Up to 1 kg: €13.01
More than 1 to 5 kg: €16.26
More than 5 to 10 kg €21.83
Shipments to the Balearic Islands, Ceuta or Melilla:
Up to 1 kg: €14.64
More than 1 to 5 kg: €20.76
More than 5 to 10 kg: €33.20
Shipping to Portugal:
Up to 1 kg: €14.64
More than 1 to 5 kg: €20.76
More than 5 to 10 kg: €33.20
EU Zone 1: Europe
Up to 1 kg: €32.10
More than 1 kg up to 2 kg: €35.45
More than 2 kg up to 3 kg: €38.80
More than 3 kg up to 4 kg: €42.15
More than 4 kg up to 5 kg: €45.50
For additional kg or fraction: €3.35
EU Zone 2: Europe
Up to 1 kg: €33.75
More than 1 kg up to 2 kg: €38.15
More than 2 kg up to 3 kg: €42.55
More than 3 kg up to 4 kg: €46.95
More than 4 kg up to 5 kg: €51.35
For additional kg or fraction: €4.40
EU Zone 3: Europe
Up to 1kg: €33.60
More than 1 kg up to 2 kg: €45.85
More than 2kg up to 3kg: €58.10
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and enables the following methods for making payment for an order:
- Debit/Credit Card
- Transfer
- Bizum
Safety measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
Under the card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited.
11. PURCHASE PROCESS
Any product from our catalogue can be added to the basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets have no administrative link, they are just a section where you can simulate a budget without any commitment on either side.
From the basket you can place an order by following the steps below for its correct formalization:
1. - Checking billing information.2. - Checking the shipping address.3. - Selecting the payment method.4. - Placing the order (purchasing).
Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the completion of the order.
Orders (purchase requests)
Prior to order confirmation, information will be provided regarding the status of the order and the approximate shipping and/or delivery date.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that are applicable to it.
When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to THE PROVIDER.
13. WARRANTIES AND RETURNS
The guarantees will respond to what is regulated in the Title referred to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of performance of the obligation or the place where the property is located if it is immovable.