Terms of Use and Refund Policy
Terms and Conditions – SANTARELLA
General terms and conditions and right of withdrawal for the U.S. and the EU.
Applicability and scope
The following general terms and conditions (from now on referred to as “Terms and Conditions”) apply to all commercial relationships between Santarella (from now on referred to as “we” or “us”) and customers (from now on referred to as “client,” “buyer” or “you”) for products (from now on “Products” or “goods”) that are purchased through our website www.santarella.store (from now on referred to as “online store” or “website”).
The online store is operated by:
www.santarella.store
Individual agreements concluded with the customer prevail over these General Terms and Conditions. Any conflicting customer conditions will not be recognized.
Santarella reserves the right to change these terms and conditions at any time. All changes will come into force upon publication of the new Terms and Conditions on the website. When purchasing a product, the relevant time for the applicability of valid terms and conditions is when the binding order is submitted to us.
Please read these Terms and Conditions carefully before placing a binding order. By bindingly ordering our products, you agree to the following terms and conditions and our privacy policy. You are authorized to enter legally binding contracts and are at least 18.
Conclusion of a purchase contract
The presentation of the products in the online store does not constitute a legally binding offer; it is only a non-binding online catalog or a non-binding invitation to customers to order the product in the online store. Santarella expressly reserves the right to change its products, such as images, range, prices, and des, and descriptions of our products, at any time and without prior notice. Illustrations, photos, brochures, advertising, and other information related to our products are for informational purposes only and do not bind Santarella.
Customers can place a binding order for their selected products through our online store. The customer can place their chosen products in the “shopping cart.” This is not yet considered a binding order. An order is only considered binding when the customer clicks the “Pay now” button on the order page at the end of the order process. Before sending the order, the customer can change and view the information at any time, identify any input errors, and, if necessary, correct them before submitting the final binding order.
An order confirmation will be sent to the customer immediately and automatically by email. This confirmation email contains details of your order and our terms and conditions, which you accepted during the order process. The confirmation email only informs you that we have received your order. Automatic order confirmation does not yet result in a purchase contract. By submitting your order, you confirm that you have read the terms and conditions and agree to them unconditionally. We recommend printing the terms and conditions for online ordering and your documentation or saving them on your computer.
After submitting a binding order, Santarella may, at its sole discretion, accept the order or reject it by sending appropriate notification via email without incurring any liability to you or any third party. We will refund any payment you have already made if you cancel your order. Reasons for rejecting an order may include, for example, if a product is no longer available, if we are unable to obtain authorization for payment from the customer, or if there is reason to believe that the customer is in breach of these Terms and Conditions, individual contracts, activities fraudulent or other criminal offenses or for another important reason.
When the order is accepted, a binding purchase contract is created with the customer. This acceptance occurs through the shipment of the ordered products.
Any commercial distribution or resale of our products is strictly prohibited.
Availability and performance are reserved for products that cannot be delivered. All information regarding availability, shipping, and delivery of a product is preliminary and approximate. They do not represent binding or guaranteed shipping or delivery dates. Liability for unavailable products or delays in shipping or delivery is expressly excluded.
Our products are available while stocks last. If, when processing your order, Santarella discovers that the products you ordered are not available, we will inform you immediately. In this case, the contract for non-deliverable products is not concluded because the ordered products cannot be delivered.
We further reserve the right to limit the number of items that a customer can purchase. In this case, we will email the customer.
Prices and shipping costs
Our products and prices are as indicated on the website. All prices are in USD (Dollars) and do not include value-added tax (VAT). The total price of your order, including all additional and shipping costs, will be displayed at the end of the order process. Additional customs fees may apply when shipping to countries outside the U.S. and Europe. These are not included in the price and must be paid by the customer.
You agree to the total price of the products ordered by placing a binding order. After the binding order, the cost can no longer be adjusted.
Santarella reserves the right to change prices at any time. Products will be charged based on the prices when placing the binding order.
Payment Terms/Credit Check
Orders must generally be paid immediately.
The customer can pay using the payment methods indicated on the website or during ordering. These may change from time to time. We also reserve the right not to offer certain payment methods in specific individual cases and to mention other payment methods we use (for example, to cover our credit risk, only those corresponding to the respective creditworthiness). The customer expressly authorizes Santarella to carry out credit checks at its discretion and, if necessary, transmit customer data to third parties.
When choosing the payment method, the customer authorizes payment by entering credit card details or accessing the details of a payment service provider. The customer authorizes Santarella to accept or receive payments appropriately. If chargebacks occur, Santarella can reimburse associated costs and bank processing fees. Furthermore, Santarella is not responsible for any fees or other amounts that the card issuer or your bank may charge you due to processing your payment by your order.
Suppose you pay by credit card or alternative payment method. In that case, we reserve the right to check the card's validity, monitor billing availability parameters and address details, and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details you entered are correct. If payment is refused, Santarella reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
Terms of Delivery
Delivery is generally via USPS or UPS delivery service. For deliveries to the U.S., shipping costs are covered by the customer for purchases up to USD 79.00. The following delivery services are used for deliveries to the U.S. USPS, UPS, and FedEx in the EU: Swiss Post AG or carriers such as DHL, TNT, UPS, and FedEx.
Products that you order from our online store and that are in stock will be delivered to you within 4 to 15 working days after receiving full payment, depending on the destination.
If products are marked as out of stock when ordered, Santarella will endeavor to deliver them as quickly as possible. Santarella makes every effort to meet the indicated delivery times. However, Santarella is not responsible for any delivery delays, regardless of their cause. We will inform you immediately of any delivery delays.
The customer can cancel their order if the service interruption lasts more than six weeks after the original delivery date. Other claims, especially claims for damages, are excluded.
Title Retention
Santarella remains the owner of the products delivered until they are paid in full.
Right of withdrawal and return
requirements
For all purchases of our products through our online store (except certain products; see cancellation restrictions below), Santarella grants the customer the right to voluntary cancellation within 30 days of receipt of the products with a reason.
The prerequisite for exercising the right of withdrawal is to return the merchandise to us unused, complete, intact, and in the original packaging. To initiate a return, you can contact us at info@santarella.store. If your return is accepted, we will send you a return label and instructions on how and where to send your package.
Items returned to us without first requesting a return will not be accepted. Promotional product offers.
Follow
If the merchandise is returned correctly, we will refund the total price paid by the customer within 14 days from the day we receive the merchandise. The refund depends on the payment method initially used and is always made to the associated account used for the payment unless something else has been expressly agreed upon with you. Please ensure you can access the bank account provided, as Santarella does not accept any responsibility for this.
You are only responsible for any diminution in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics, and functioning.
Cancellation Restrictions
The right of withdrawal does not apply to delivery contracts for products that have been individually manufactured according to your specifications or that are adapted to your needs (so-called individualized and customer-specific products) or if the delivery concerns products that are necessary for health or hygiene reasons are not suitable for return and whose packaging has been opened after delivery.
Defect/Warranty Notification
Santarella guarantees that the goods correspond to the guaranteed properties and do not present defects that affect their value or suitability for their intended use.
Upon receipt of the products, the customer must immediately check their accuracy, completeness, and possible damage. Errors or damages must be reported to Santarella within three working days. Defects that could not be discovered during a proper inspection and only appeared later must be reported in writing immediately after their discovery. If you do not check or report the defect immediately, the products will be considered approved, and you will no longer have the right to claim against us.
To report a complaint or have service questions, please get in touch with us at the following address with your order number, a description of the error, and other helpful information:
Info@santarella.store
Complaints and Complaints
We attach great importance to customer satisfaction. You can contact us at any time using the contact information provided above. We aim to consider your queries and complaints as quickly as possible and will contact you upon receipt of documentation or your submission or complaint. If you have any complaints, please help us by informing us of the exact problem or signs of error. If necessary, provide a copy of the order documents or at least give the order number, customer number, etc. We aim to respond to you within three business days.
Responsibility
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the Service's results will be accurate or reliable.
You agree that we may temporarily remove or cancel the Service without your notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, nor express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event will Santarella, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, direct, indirect, incidental, punitive, special, or consequential. Of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products obtained through the Service, or for any other claim relating in any way to your use of the Service or any product, including, but not limited to, errors or omissions in any content or any loss or damage of any kind arising from the use of the Service or any content (or product) published, transmitted or otherwise made available through the Service, even if advised of its possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.
An event beyond our control
Suppose an event occurs beyond our influence and control (so-called force majeure). In that case, we assume no responsibility or liability for non-fulfillment or late fulfillment of any obligations arising from these General Terms and Conditions and the contractual relationship based on them. An event beyond our control occurs, for example, in the following cases:
In the event of strikes, confinements, or other industrial acts of third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or failure of public or private communications networks or the impossibility to use rail, sea, air, motorized transport or other means of public or private transport.
If an event outside our control affects the fulfillment of our contractual obligations, we will inform you as soon as possible.
Data protection
Santarella collects and processes personal data only within the scope of legal provisions in accordance with applicable data protection laws.
Our Privacy Policy governs the submission of personal information through the store. The data is passed on to our producer and supplier in the U.S., China, and Germany to ship the products.
Copyright
The information and content published on the website are protected by copyright and are the property of Santarella or the respective rights holder. Reproduction, processing, distribution, or any other form of exploitation requires the prior written consent of the respective rights holder. Santarella and the holder of applicable rights expressly reserve all rights.
Applicable Law and Jurisdiction
U.S. substantive law applies exclusively to these General Terms and Conditions, the contractual relationships based on them, and any disputes, excluding conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The jurisdiction of natural persons is the headquarters of Santarella or the customer's place of residence.
These provisions only apply if there are no mandatory provisions of the country's law where the consumer has their habitual residence, which takes precedence over these General Terms and Conditions.
Last updated: October 16, 2023