CONTRACTING

1) General conditions

Any order of Santo Tomé S.A. (hereinafter, SANTO TOMÉ) products placed in our on-line store hosted at https://mazapan.com (hereinafter, the On-line Store) shall be governed by the following GTC in the version in force at the time of the order.

The confirmation or placement of an order by the customer shows the express acceptance of all GTC that were in force at the time of placing the order. For this reason, SANTO TOMÉ will not recognize any other deviating contracting conditions of the client. All questions or complaints related to these GTC or to the orders placed in the On-line Store can be submitted by:

  • Written communication to the attention of Santo Tomé 3, 45002 Toledo.

  • By filling out the contact form available in the "contact" section of the Online Store.

  • By sending an e-mail to santotome@tome.leadcom.es

  • By phone at 925 22 37 63.

In the event that your request is not satisfactorily resolved, you may go to the ordinary jurisdiction or, in accordance with EU Regulation No. 524/2013 you have the right to request an out-of-court resolution of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr/.

2) Registration

To place the order, the customer may choose to register at Tienda On-Line or, if you want to do it directly, you can place your order under the condition of "guest". For a correct execution and processing of the order it is necessary that, at the time of entering the customer's identifying information, the latter provides his full name, not allowing the use of aliases. The personal data provided by the customer, will be stored in the records and files SANTO TOMÉ. Once registered, and through the password chosen by the customer, it can access and modify your data at any time. All data will be treated securely and confidentially, in accordance with the provisions of paragraph 11 of these GTC and data protection regulations in force at any time.

3) Bidding and contracting

The description of the assortments and products in our On-Line Shop does not constitute a binding offer. The customer can select products from the assortment of the SANTO TOMÉ online store to accumulate them in a shopping cart by pressing the "Add to cart" button. Once the customer presses the "Place order" key, he/she is considered to be submitting a binding purchase offer for the products registered in the shopping cart. In order to process the order correctly, before confirming and, therefore, concluding the order, the customer can verify and modify at any time the data (quantity, delivery address, billing), presented in the purchase offer.After the entry of the order and receipt of payment, SANTO TOMÉ will send the customer a confirmation email with the breakdown of the details of the contract made. In the event that due to circumstances beyond the control of SANTO TOMÉ could not deliver the product ordered, SANTO TOMÉ will inform the customer the cancellation of the order, proceeding to pay the customer the payment made by the same within 10 days, without the customer can 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 the possibility of:

  • Keep the order until the product is available again,

  • Cancel the order or,

  • Modify it (by offering a similar or superior substitute product at no additional cost) at the customer's choice.

In the same way, with regard to batches of products, if for inventory reasons any of the components of the batch is not available, SANTO TOMÉ will inform the customer, giving him the possibility of replacing the unavailable product with a substitute product similar or of superior category at no additional cost; the customer may proceed to cancel the order, accept the modification of the batch or keep the order until the product is available again. Likewise, in the event that the customer is a registered user, he/she will be able to consult his/her order by accessing the "My Profile" section of the On-line Store.

4) Pricing

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

The price of the products will be the one stipulated at any given time on our website, except in case of obvious error. Although we try to ensure that all prices shown on the site are correct, it is possible that 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 to:

  • Reconfirm your order at the correct price or

  • Cancel it.

In the event that SANTO TOMÉ is unable to contact the customer, the order will be considered cancelled and the amounts paid will be refunded in full.

SANTO TOMÉ is not obliged to supply the customer with the product(s) at the incorrect lower price (even if a Confirmation of Shipment has been sent to the customer) in cases where the error in the price is obvious and unequivocal and could have been reasonably recognized by the customer as an incorrect price. For these purposes, the rights recognized by the legislation in force remain unaffected.

5) Terms of payment

Payment is made by VISA or MASTER CARD credit card.

The payment of the total purchase price, including shipping costs, must be made at the time of confirming the order. In the event that SANTO TOMÉ enables the possibility of purchasing gift cards for use in the On-Line Store, the payment of the order may be made using the same. In such case, the amount of the order price, that is, the value of the selected product/s, including shipping costs, will be discounted from the balance of the gift card. In the event that the balance of the gift card is less than the price of the order, the customer must pay the difference by VISA or MASTER CARD credit card. Also, in cases where SANTO TOMÉ issued discount vouchers for use in the online store, the customer may use such vouchers under the conditions indicated by SANTO TOMÉ at the time of issuance thereof. Where appropriate, the customer may satisfy the price of the order with the discount voucher, in which case the amount thereof will be deducted from the price of the order. If the order price is lower than the discount voucher, the customer may pay the price with the voucher, but in that case SANTO TOMÉ will not refund the difference nor may reuse 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 Canary Islands, Ceuta and Melilla). If you wish to order to the Canary Islands and/or Portugal... please contact us by sending an email to santotome@tome.leadcom.es or call us at 925223763.

The shipping cost of the products purchased by the customer shall be borne by the customer. Shipping costs will be 12.10 euros for orders under 100.00 euros and free of charge for orders over 100.00 euros. Shipping costs include the corresponding VAT.

The products are delivered as shown in the on-line store, although SANTO TOMÉ reserves minor differences in packaging and presentation.

From the correct receipt of the order, the maximum delivery time, within mainland Spain, is approximately 5 working days (Monday to Friday, excluding holidays), and for the Balearic Islands is 5 working days (Monday to Friday, excluding holidays). In the event of delays due to force majeure or logistical problems or, in general, due to circumstances beyond the control of SANTO TOMÉ, we will promptly inform the customer, who may cancel the order by sending an email to the address santotome@tome.leadcom.es within 48 hours. In the event that delivery at the address indicated is not possible due to the absence of the recipient, the transport company will leave a receipt indicating how to proceed to arrange a new delivery. If after two working days after the first attempt to deliver the order the product has not been delivered, and due to the nature of the product, SANTO TOMÉ is not responsible for the state of the product at the time of delivery. In addition, after five (5) working days from the first delivery attempt without having been able to deliver the product will be returned to SANTO TOMÉ for destruction (since due to its nature the product can not be put back on sale), without the customer can claim a refund of the purchase price.

If your order is urgent, please contact us at santotome@tome.leadcom.es In order to ensure that your order arrives in optimal conditions, we will not deliver to P.O. Boxes.

Pick up in store:

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

  • Plaza de Zocodover 1

  • Santo Tomé Street 3

  • Colombia Street 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 condition

We apply the highest quality for our products. However, we ask the customer to compare and inspect the product upon receipt. In the event that the customer detects any obvious defects such as damage, breakage or deficiencies, he/she must notify us within 48 hours from the time of delivery in any of the communication channels indicated in Section 1 of these GTC. In the event that the order received is defective, totally or partially, SANTO TOMÉ will proceed to its replacement, according to the return procedure that SANTOTOMÉ indicates to the customer after receiving the corresponding communication of the defect.

8) Returns

Due to the nature of the product (perishable food product) and its conservation conditions, it is not possible to return the product. Exceptions to the above are the cases referred to in the previous paragraph, under the conditions set forth therein.

9) Reservation of ownership

Until the full purchase price has been paid, in accordance with the provisions of section 6, "terms of payment", the delivered product shall remain the property of SANTO TOMÉ.

10) Use of recorded 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 secure when they visit our On-Line Shop. Therefore, the security of the data processed on the Internet is one of our priorities. In this regard, SANTO TOMÉ has made great efforts to ensure that security measures are effective. At SANTO TOMÉ we pay special attention to the confidential treatment of information and private data transmitted to us. We use SSL cryptographic technology for high confidentiality. Personal data, such as registration or order data, especially payment information, are transmitted directly and encrypted (SSL) to the financial institution.

Information regarding the type, scope and purpose of the collection and management of personal data required by SANTO TOMÉ for the processing of the purchase contract can be found in the Privacy Policy that you must read and accept before making a purchase in our On-Line Store.

Data of third party 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, fulfilling the legally established security measures to prevent unauthorized access to them. The data will be retained by SANTO TOMÉ for the period necessary to deliver the product and destroy them once the legal deadlines for liability. SANTO TOMÉ may make the physical delivery of the product purchased by the customer through a transportation 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 accesses them at his own risk. SANTO TOMÉ does not endorse or approve any product or information offered on the sites you visit through this Site.

Likewise, SANTO TOMÉ is not responsible for information of any kind contained in other websites, to which the Online Store may refer through hypertext links or "links".

The links that may appear on this website will be informative, not implying, in any case, a suggestion or invitation to the customer to visit the destination websites. SANTO TOMÉ will not be, in any case, responsible for the result that the client can or intends to obtain from the websites accessed through these links.

SANTO TOMÉ will not be responsible 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 viruses on the network. Likewise, SANTO TOMÉ will not be responsible for any type of interruption, error or failure that may occur in the system as a consequence of a malfunction of the network or of 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 trademarks mentioned throughout the Online Store.

Any infringement of the prohibitions and limitations contained in these conditions, will be considered an infringement of intellectual property rights owned by SANTOTOMÉ, and will give rise to the legally established responsibilities to that effect, and may be pursued by the latter through the exercise of administrative, civil or criminal actions that, where appropriate, correspond.

All trademarks, service marks and trade names (collectively the "Trademarks") used in this Online Store are registered and owned by SANTO TOMÉ. In case of use, copying or modification of these Marks without prior written permission, SANTO TOMÉ reserves the right to take all applicable actions in accordance with intellectual/industrial property laws.

13) Applicable law

These GTC shall be governed by Spanish law.

 

 

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