Terms & Conditions

GENERAL ONLINE TERMS AND CONDITIONS OF SANTA LUPITA ONLINE SHOP

The General Online Terms and Conditions of SANTA LUPITA GmbH (SANTA LUPITA) shall apply exclusively to the agreements concluded by SANTA LUPITA Online shop in the version which was valid at the time of the conclusion of contract. We shall reserve the express right to make modifications to the General Online Terms and Conditions. We shall oppose any regulations in opposition hereto. Any deviations of these regulations shall take effect only subject to our express written confirmation. The respective current version can be viewed under the key word ‘Terms and Conditions’. During the ordering procedure, the Customer will receive continuous options to inspect, print out or store the General Online Terms and Conditions. Upon conclusion of the order, the Customer shall accept the General Online Terms and Conditions. Verbal collateral agreements must be documented on a continuous data carrier, such as an e-mail. Modifications to the General Online Terms and Conditions, including this clause, as well as agreements on delivery deadlines and dates, are also subject to our written confirmation.

1. Offers and conclusion of contract

The languages in which agreements can be concluded are English or German. The presentation of products in the online shop do not represent a legally binding offer, but a nonbinding online catalogue. It is SANTA LUPITA’s fair judgment to determine whether an order will be accepted. If the online order cannot be fulfilled by SANTA LUPITA, the Customer will be notified immediately by e-mail. This however requires that the Customer provides a correct e-mail address. When selecting merchandise and adding it to the shopping cart, the Customer will be given the option to verify the correctness of his/her order. After selecting the mode of payment, the Customer is given the opportunity to verify the details of his/her online purchase and, where appropriate, make the necessary corrections. Within this scope, the Customer is requested to approve the General Online Terms and Conditions. By this procedure, the Customer makes a legally binding offer for concluding the purchase agreement. Subsequently, the Customer will receive an order confirmation by e-mail within 24 hours. By this means SANTA LUPITA notifies the Customer that the order was duly transmitted. The purchase agreement however will be concluded only upon sending an e-mail by means of which the delivery of the merchandise is confirmed. By this delivery confirmation, the contract of purchase is legally completed.

2. Instructions on returns

a) Right of return

Goods purchased from SANTA LUPITA online shop are on a trial basis in the event that the Customer is a private individual. The Customer shall have a right of return. The Customer is entitled to enforce said right of return without specification of reasons within a return period of 14 days. The return period shall begin upon receipt of the goods and these instructions on returns. The purchase agreement shall become binding for the customer following this 14 day return period. Return shipping of the goods must be addressed to: Santa Lupita GmbH, Bergstrasse 12, 82152 Krailling, Germany.

b) Consequences of returns

The shipping costs for the return of goods within and outside of the European Union have to be payed by the Customer.

c) Return shipping

To return the products, the Customer will have to hand in the package to a post office or a trusted delivery service (DHL, FedEx, UPS, TNT, etc.) and request a tracking number. The customer is required to carry out the return shipping of the goods in the country in which the customer originally received the goods.

3. Prices, payments

The applicable prices are those listed at the time of ordering. All prices include the statutory rate of VAT; delivery charges will be invoiced separately. Optional discounting does not exist. All additional costs, such as import sales tax or duty shall be borne by the recipient. We accept the following payment methods: credit card (VISA/MasterCard) and PayPal. All payments and credits shall be handled in the currency (Euro) in which the purchase is fulfilled.

4 Credit cards

With this mode of payment, the amount will be reserved on the Customer's credit card at the time of the online purchase. The credit cards will be actually debited parallel to preparing the delivery confirmation by e-mail. Any reimbursements claims by the Customer will be credited by SANTA LUPITA to the Customer's credit card account.

5. PayPal

With this mode of payment, the Customer will be forwarded to the PayPal website after clicking confirmation. Upon conclusion of the payment via the independent PayPal account, the Customer is requested to conclude the purchase in the online shop. Subsequently, the Customer will receive an e-mail confirmation from the online shop and from PayPal. Any reimbursement claims on the part of the Customer will be credited to the Customer’s PayPal account.

6. Delivery & shipping

Customers select DHL for package shipping within Germany and to other European countries. Shipping beyond European countries takes place by DHL in cooperation with its international partners. Unless otherwise agreed, deliveries to the address the ordering party specifies shall take 3 to 5 working days within Europe and 9 to 12 working days beyond Europe, depending on the place of delivery. Costs, which are incurred due to incorrect address information may be passed on to the Customer. SANTA LUPITA shall not be liable for delays or other disadvantages to the Customer, which result from an incorrect address. Details regarding delivery deadlines relate to estimated time of delivery. The delivery deadline may be reasonably extended in the case of events, which may render delivery extremely difficult and on which SANTA LUPITA has no influence, and may considerably affect the delivery deadline. SANTA LUPITA shall notify the Customer immediately in the case of corresponding delivery problems. In the case of a withdrawal by SANTA LUPITA, the Customer will be reimbursed the effected payments immediately. This shall not affect the Customer’s additional legal claims.

7. Transport damage

If merchandise is delivered with obvious damage to the packaging or content, the Customer shall report the damage immediately irrespective of warranty rights and refuse to accept delivery. SANTA LUPITA online shop must be notified immediately by e-mail: orders@santalupita.com

8. Reservation of title

The merchandise shall remain SANTA LUPITA’s property until payment has been made in full.

9. Reservation of delivery

SANTA LUPITA shall be released from any obligation to fulfil the agreement in the event that it is not possible to deliver any item. Customers shall be informed within 24 hours in the event that it shall not be possible to deliver any item; any advance payments will be reimbursed without delay. 

10. Warranty

The statutory warranty rights should apply to all deliveries. The statutory period of limitation for legal warranty claims is one year and starts upon delivery of the merchandise.

11. Disclaimer for third-party links

SANTA LUPITA expressly declares not to have any influence on the design and contents of third party webpages for which SANTA LUPITA online shop may contain links to. This shall apply to all displayed links and all contents of webpages leading to said links. For this reason SANTA LUPITA hereby expressly disassociates itself from all contents of orders linked to third-party webpages and does not make these its own.

12. Photographs

SANTA LUPITA points out that the colouration of the product images presented in the online shop are contingent upon the respective settings of the Customer’s monitor and may vary slightly from the colour of the supplied product. All images and photographs are copyrighted. The use of images and photographs without express permission by SANTA LUPITA is prohibited. SANTA LUPITA reserves the right to assert all claims in accordance with the Copyright Act.

13. Data protection

In the case of data processing, concerns relating to the Customer’s data protection will be taken into consideration in accordance with the legal regulations. In principle, all personal data will be treated confidentially. The data requirements for handling transactions will be stored. For the purpose of examining a Customer's credit worthiness and solvency control during the term of the contractual relations, the address and solvency data may, if appropriate, be delivered to Schufa, 65203 Wiesbaden, Germany, and other business information services. Furthermore, address and order data can be collected and processed for own marketing purposes. Notice: The Customer may oppose and/or revoke said use, processing and/or transmission of its data for marketing purposes at any time by notifying us. Upon receipt of an opposition and/or the revocation, SANTA LUPITA will no longer use and process the data in question for marketing purposes and/or immediately discontinue the further sending of advertising material and/or no longer disseminate the data for marketing purposes.

14. Jurisdictional venue

The jurisdictional venue for all disputes from SANTA LUPITA’s agreements with Customers that are merchants or do not have a general jurisdictional venue in Germany shall be Krailling, Germany.

15. Salvation clause

Should individual provisions of this General Online Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions of this Agreement. The invalid provision shall be reinterpreted or, if necessary, modified to come as close as possible to its intended purpose.

Parties responsible for the content:

Santa Lupita GmbH
Bergstrasse 12
82152 Krailling 
VAT No. DE311263523

Commercial Register: Munich

Terms of business (As per 06/2015)

16. Privacy Statement

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However, if IP anonymization is activated on this website, within the member states of the European Union or in other contracting states to the Agreement on the European Economic Area Google will abbreviate your IP address prior to transfer or saving. Only in exceptional cases will the full IP address be transferred to a Google server in the United States and abbreviated there.

Google will use this information on behalf of the user of this website to analyze your use of the website, to compile reports about the website activities and to provide the website operator additional services connected with website use and internet use. Google will not join the IP address transmitted from your browser within the scope of Google Analytics with other data. You can prevent cookies from being saved by using the corresponding setting in your browser software; however, please note that in this case you may not be able to make full use of all this website’s functions. Additionally, you can prevent Google from acquiring the data generated by the cookie and related to your use of this website (including your IP address) as well as Google’s processing of this data by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de

On our website we use Social Plugins („Plugins“) of the Social Network Facebook.com, operated by Facebook Inc., 1601 S. California Ave. Palo Alto, CA 94304, USA („Facebook“). When our website, which is provided with a plugin, is visited, a server connection is provided by the browser and the plugin will be displayed on the website. The content of the plugin is transfered by Facebook directly to your browser. We have no influence on the scope or data which is transfered to Facebook and therefore can only pass on what we currently know: By integrating the plugin, Facebook is informed that the corresponding page of our website has been visited. If you are logged in as a member on Facebook, Facebook assigns this information to the personal Facebook user account. If the plug-in functions ("like"- button or leaving a comment) are used, the corresponding information is transmitted by the browser directly to Facebook. This can be avoided by logging out on Facebook before using the plugin. Even if you are not a member of Facebook, there is the possibility that Facebook tracks the IP address. For more detailed information on privacy and the use of data by Facebook, we may refer to the privacy policy of Facebook, which can be found at http://www.facebook.com/policy.php. To prevent Facebook from collecting data you need to be logged out before visiting our website. If you have signed up for the SANTA LUPITA newsletter, SANTA LUPITA uses your registration data for the purpose of sending the SANTA LUPITA newsletter. There is no transfer of your data to third parties. The only exceptions are partners who are responsible for the technical operation of the newsletter sending. In these cases the amount of transferred data is limited to the neccessary minimum. Our data protection rules are in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).

Recipients who no longer wish to receive our newsletter or our promotional e-mails click a link called "UNSUBSCRIBE", which is included in all emails sent from SANTA LUPITA.

SANTA LUPITA GmbH
Bergstraße 12
82152 Krailling
Germany

orders@santalupita.com
www.santalupita.com