Terms and conditions of sale

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, «Conditions») through the website guanabana.es/, owned by SUGAR CANE S.L. under the trademark Guanabana Handmade, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by SUGAR CANE S.L.. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Accepting this document implies that the USER:

  • Has read and understood the above.
  • Is a person with sufficient capacity to enter into contract.
  • Assumes all the obligations set forth herein.

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.

The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is SUGAR CANE S.L., with registered office at Vía de los Poblados 17 -planta 3 nave 18, 28033- Madrid, tax identification number B82583121 and customer service telephone number 913818470.

On the other hand, the USER is responsible for the veracity of the personal data provided to the VENDOR.

Purpose of the contract

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.

The contractual trade relationship involves the delivery of a specific product, in exchange for a certain price which is publicly displayed on the website.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account or fill in the corresponding forms to access the products offered by the VENDOR. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data as detailed in the Legal Notice and Privacy Policy found on this website.

Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:

 

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

 

2. SHIPPING AND DELIVERY OF ORDERS

We ship within the European Union. If you are outside the European Union, please write to Guanábana so we can send it to you.

Shipments of goods are usually made by express courier, according to the destination freely designated by the USER.

When ordering, if you are outside the European Union, please note that you are responsible for the payment of local customs duties and taxes.

The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.

Once the order has been placed, with the acceptance of the purchase conditions, a notice or email will be sent to the USER, confirming that the order has been placed.

For wholesale orders, write to Guanábana.

Orders are prepared as soon as payment has been confirmed and during the following hours: Monday to Friday from 9:00 am to 4:00 pm. Orders placed outside these hours will be prepared the next working day. No shipments are made on Saturdays, Sundays or holidays.

Delivery shall be deemed to have been made when the carrier has placed the products at the USER’s disposal and the USER, or the USER’s delegate, has signed the document of receipt.

It is the USER’s responsibility to check the products upon receipt and to state any reservations and claims that may be justified in the delivery.

 

3. RIGHT OF WITHDRAWAL

Our goal is your total satisfaction as a customer.
The USER has a period of fourteen calendar days from the date of receipt of the product to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007.

The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, and which are listed here.

To proceed with the return of an item purchased in the online store, you must send a Return Request email to contact@guanabana.es informing us the reason for the return. Once the return confirmed, the items must be sent:

  • In their original condition, along with any accessories related to them, not being able to be used, washed or damaged. used, washed or damaged.
  • With their original tags.
  • In their complete original packaging.
  • Attach the invoice or a copy of it in case of returning part of the order.

Send the article to the following address: SUGAR CANE S.L.U. Vía de los poblados, 17 3rd floor. Nave 18, 28033 Madrid (Spain).

Important note: Until we receive the item in our warehouse it is your responsibility.

We recommend that you send the item to us by courier or registered mail and that you keep the proof of shipment proof of shipment.

 

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any complaint that the USER considers appropriate will be dealt with as soon as possible, can be made at the following contact addresses:

  • Postal: SUGAR CANE, S.L. Vía de los poblados, 17 3ª planta. Nave 18, 28033 Madrid (España)
  • Telephone: 913 818 470
  • E-mail: administracion@guanabana.es

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a platform of free of charge for the resolution of online disputes between the USER and the VENDOR, without the need to go to court the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally 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 fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.

 

6. COMPETENCY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

The USER declares to have read, understood and accepted these Conditions in their entirety.

 

7. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or  communication costs, handling or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and shall be shown in EURO. The USER accepts that the economic valuation of some of the products may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed. Once the order is placed Once the order is placed, prices will be maintained whether or not products are available.

 

8. SHIPPING COSTS

The prices published in the store do not include shipping costs unless otherwise expressly agreed in writing. to the contrary.

The shipping costs will be calculated at the time of saving the basket or budget, as they are calculated by the weight of the products and by the of the products and the delivery address.

When ordering, if you are outside the European Union, please note that you are responsible for the payment of local customs duties and taxes. for the payment of local customs taxes.

 

9. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:

  • Credit card
  • Pay Pal

The USER may use a discount coupon prior to the completion of the purchase if they have received it from the PROVIDER.

Security measures

The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.

The PROVIDER undertakes not to allow any transaction which is considered illegal by the credit card brands or the acquiring bank and which may or has the potential to damage their goodwill or negatively influence them.

It is prohibited under the card brand programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

 

10. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by or construed in accordance with the laws of Spain in all matters not expressly expressly established. Any controversy that may arise from the provision of the products covered by these object of these Conditions will be submitted to the courts and tribunals of the USER’s domicile.