1) General conditions

All orders for products from Santo Tomé S.A. (onwards called, SANTO TOMÉ) that takes place in our on-line store hosted at https://www.mazapan.com (onwards called, the Online Store) will be governed by the following GC in the current version at the time of the order.

The confirmation or completion of an order by the customer highlights the express acceptance of all the GC that were in force at the time of making the order. For this reason, SANTO TOMÉ will not recognize any other divergent contracting conditions of the client. All questions or claims related to these GC or the orders made in the Online Shop can be informed by:

• Communication written to the attention of Santo Tomé 3, 45002 Toledo (postal address).

• By filling in the contact form available in the “contact” section of the Online Shop.

• Through an email to santotome@mazapan.com

• By telephone to the following number 925 22 37 63.

2) Registration

To order, the customer may choose to register at the On-Line Store or, if he wishes to do so directly, he can place his order under the condition of “guest”. For a correct execution and processing of the order, it is necessary that, at the moment of entering the clients identification information , the “guest” should provide his full name, not allowing the use of aliases. The personal data, provided by the client, will be filed in the records and files SANTO TOMÉ. Once registered, and through the password chosen by the client, he/she can access and modify his/her data at any time. All data will be treated in a secure and confidential manner, in accordance with the provisions of section 11 of these GC and the data protection regulations, in force at any time.

3) Offer and booking

The description of the assortments and products of our Online Store does not constitute a binding offer. The customer can select the products of the assortment of the online shop of SANTO TOMÉ to accumulate them in a shopping basket by pressing the “Add to cart” key. Once the customer presses the “Place Order” key, they will be considered to be delivering a binding purchase offer for the products registered in the shopping cart. In order to correctly process the order, before confirming and thus concluding the order, the customer can verify and modify at any time the data (quantity, shipping address, billing), presented in the purchase offer. After order entry and receipt of payment, SANTO TOMÉ will send the client a confirmation email with the details of the contracting perfomed. In the event that due to circumstances beyond SANTO TOMÉ the product requested can not be delivered, SANTO TOMÉ will notify the client of the cancellation of the order, proceeding to pay the client the payment made by the same within a period of 10 days, without the client being able to claim amounts for any other concept. Also, if the product is not available due to inventory issues, SANTO TOMÉ will contact the customer in order to offer you the possibility to:

• Keep the order until the product is available again,

• Cancel the order

• Modify it (offering you a smilar substitute product or superior category at no additional cost) at the client´s choice.

Similarly, as far as batches of products are concerned, if due to inventory issues, one of the components of the batch is not available, SANTO TOMÉ will inform the customer, giving him the possibility of replacing the product not available for a similar substiture product or superior category without any additional cost. The client can cancel the order, accept the modification of the batch or keep the order until the product is available again. Also, in the event that the culient is a registered user you can consult your order by accessing the section called “My Profile” of the Online Store.

4) Price

All the prices of the products available in the Online Shop are shown in euros and includes VAT. In accordance with the current legislation, any purchase made from our website will be subject to Value Added Tax (VAT). The shipping costs are not included in the price and will be added in the summary of the purchase at the time of making the payment, and must be previously accepted by the customer.

The price of the products will be that stipulated in each moment in our web site, except in case of a manifest error. Although we try to make sure that all prices listed on the page are correct, errors may occur. If we discover an error in the price of the products ordered by the customer, we will inform you as soon as possible, giving you the option of:

• Reconfirm your order at the correct price.

• Cancel it.

In the event that SANTO TOMÉ does not manage to contact the customer, the order will be considered canceled and full amounts will be reimbursed.

SANTO TOMÉ is not obliged to supply to the client the product (s) at the lower incorrect price (even if the Shipping Confirmation has been sent to the client) in cases where the mistake in the price is obvious and unequivocal and could have be reasonably recognized by the client as an incorrect price. To these effects, the rights recognized by the current legislation are safe.

5) Payment terms

Payment is made by VISA credit card or MASTER CARD.

The payment of the total price of the purchase, including the shipping costs, must be made at the time of confirming the order. In the event that SANTO TOMÉ enables the possibility of buying gift cards for use in the On-Line Store, the payment of the order can be made using it. In that case, the amount of the order price will be deducted from the balance of the gift card, this is the value of the selected product (s), including shipping costs. In the event that the balance of the gift card is lower than the price of the order, the client must pay the difference through a VISA credit card or MASTER CARD. Also, in the cases in which SANTO TOMÉ will issue discount vouchers for use in the On-line Store, the customer may use these vouchers according to the conditions indicated by SANTO TOMÉ at the time of issue. In this case, the client will be able to satisfy the price of the order with the discount voucher, in which case the amount of the same will be deducted from the price of the order. If the price of the order is lower than the discount voucher, the customer will be able to pay the price with the voucher, but in this case, SANTO TOMÉ will not reimburse the difference and will not be able to use the discount voucher in other purchases.

6) Shipping and delivery of the product

Deliveries can only be made within the national territory of Spain (except the Canary Islands, Ceuta and Melilla.) If you want to order with destination Canary Islands and / or Portugal … please contact us by sending an email to santotome@mazapan.com or call us to 925223763.

The cost of shipping the products purchased by the client will be payed by the client. The shipping costs will be 12,10 euros for orders less than 100,00 euros and free from that amount. The shipping costs include the corresponding VAT.

The products are delivered as shown in the online store, although SANTO TOMÉ reserves minor differences in the packaging and the way of presentation.

The products are delivered as shown in the online store, although SANTO TOMÉ reserves minor differences in the packaging and the way of presentation. From the correct reception of the order, the maximum delivery time, within Iberian Peninsula is 3 to 5 working days (from Monday to Friday, excluding holidays), and for the Balearic Islands is 5 working days (from Monday to Friday, excluding holidays). In the event of delays due to force majeure or due to logistics problems or, in general, due to circumstances beyond the control of SANTO TOMÉ, we would put it promptly into the client´s knowledge, who could cancel the order by sending an email to the address santotome@mazapan.com within 48 hours. If delivery is not possible at the address indicated by the absence of the recipient, the transport company will leave a voucher indicating how to proceed to arrange a new delivery. If after two working days after the first attempt to distribute the order the product has not been delivered, and due to the nature of the same, SANTO TOMÉ is not responsible for the condition of the same at the time of delivery.In addition, after three (3) working days from the first delivery attempt without the product being delivered, it will be returned to SANTO TOMÉ for its destruction (since, due to its nature, the product can not be put back on sale), without the client being able to claim the refund of the price of his purchase.

If your order is urgent, please contact us at santotome@mazapan.com In order to ensure that your order arrives in optimum conditions. We will not serve orders to post office boxes.

Picked up at the store

If you prefer to pick the purchase yourself, you can stop by any of our stores, which are located:

• Plaza de Zocodover 1

• Calle Santo Tomé 3

• Calle Colombia 17

We will contact you to let you know that your order is ready and you can come and pick it up.

7) Product in bad conditions

We apply the highest quality for our products. However we ask the client to compare and inspect the product at the moment of reception. In the event that the client detects possible defects such as damages, breakage or deficiencies, he must notify it within 48 hours from the moment of delivery in any of the communication channels indicated in Section 1 of these GC.

8) Refunds

Due to the nature of the product (perishable food product) and its storage conditions, it is not possible to return the product. Exceptions of the above are the cases referred to in the previous section, in the conditions there exposed

9) Reservation of ownership domain

Until the full purchase price has been paid, in accordance with the provisions of section 6, “payment terms”, the product delivered will be property of SANTO TOMÉ.

10) Use of registered data / data protection

SANTO TOMÉ is aware of the importance of a discreet treatment and protection of the information transmitted to us through the Internet. We want our customers to feel safe when they visit our On-Line Store. Therefore, the security of data processed on the Internet is one of our priorities. Therefore, SANTO TOMÉ has made great efforts to ensure that the security measures are effective. In SANTO TOMÉ we pay special attention to the confidential treatment of the information and the private data transmitted to us. For the transmission we apply a SSL cryptographic technology for a high confidentiality. The personal data, such as registration or order data, in particular the payment information, are transmitted directly and in a encrypted way (SSL) to the financial institution.

The information regarding the type, scope and purpose of the collection and management of the personal data required by SANTO TOMÉ for the processing of the contract of sale is found in the Privacy Policy that you have to read and accept before making the purchase in our Online store.

Data of third recipients of the products. In the event that you, the customer, provide us with personal data of another person to deliver the product purchased by the customer, SANTO TOMÉ will use such data only for that purpose, complying with legally established security measures to prevent access authorized to them. The data will be kept by SANTO TOMÉ during the necessary period to make the delivery of the product and will destroy them once the legal deadlines of responsibility have been fulfilled. SANTO TOMÉ will be able to do the physical delivery of the product purchased by the client through a transport or shipping service company.

11) Disclaimer for external links

The Online Store may provide access to other websites. SANTO TOMÉ does not control such sites or their contents, so the user will access those sites at their own risk. SANTO TOMÉ does not promote or approve any products or information offered on the sites you visit through this Site.

Also, SANTO TOMÉ is not responsible for information of any kind contained in other websites, to which the Online Store may submit via hypertext links or “links”.

The links that can appear in this web will be just informative, not supposing, in any case, a suggestion or invitation to the client to visit the destination websites. SANTO TOMÉ will not be, in any case, responsible for the result that the client can or pretends to claim from the websites to which you access through the aforementioned links.

SANTO TOMÉ shall not be liable for damages that may be caused to the computer system of Internet users for any reason, including, without limitation, damages that may be caused to the Internet user as a result of the existence of a virus on the network. Also, SANTO TOMÉ will not be responsible for any type of interruption, error or failure that occurs in the system as a result of a malfunction of the network or the servers connected to it.

12) Intellectual and industrial property rights

SANTO TOMÉ is the owner or licensee of the industrial property rights related to its products and specifically those related to the registered trademarks mentioned throughout the Online Store.

Any violation of the prohibitions and limitations contained in these conditions, will be considered infringement of the intellectual property rights owned by SANTOTOMÉ, and will lead to legally established responsibilities for this purpose, and may be pursued by the law through the exercise of administrative actions, civil or criminal proceedings, if applicable.

All trademarks, service marks and trade names (collectively the “Marks”) used in this Online Store are registered and are property of SANTO TOMÉ. In case of use, copy or modification of these Trademarks without prior written permission, SANTO TOMÉ reserves the right to take whatever actions were applicable according to the laws of intellectual / industrial property.

13) Applicable Law

These General Conditions will be governed by the Spanish law.