for Mila Santa and their online-Shop www.milasanta.com
1. Scope and periods of validity
1.1. Handling and delivery is carried out exclusively in accordance with the present General Terms and Conditions of Business, which form the basis of all contracts concluded on the basis of the offers on the www.milasanta.com Internet shop pages. The general terms and conditions of business, which contradict or deviate from the following provisions, shall not apply.
1.2. Insofar as these General Terms and Conditions refer to "consumers", these are natural persons for whom the purpose of the order cannot be attributed to a commercial, independent or freelance activity. "Entrepreneurs", on the other hand, are natural or legal persons or partnerships with legal capacity that order for commercial, independent or freelance purposes. "Customers" in the sense of these GTC are both consumers and entrepreneurs.
1.3. If workdays are specified as deadlines, these are all weekdays with the exception of Saturdays, Sundays and public holidays.
2. Registration on www.milasanta.com
2.1. You are responsible for the truthful and complete information when you enter your personal data required for registration. You are obliged to treat your personal access data confidentially and not to make it available to unauthorized third parties. The confirmation of the registration follows immediately after sending the registration by clicking the button "Register".
2.2. You are solely responsible for the content you post. These may not infringe the rights of third parties. There is no right to the storage or publication of your posted content, such as product evaluations, for example.
2.3. You must refrain from any disruption of the web pages or further use of the accessible data outside the respective platform-internal intended use. Manipulations with the aim of obtaining unauthorized payments or other advantages to our or other members disadvantage can lead, apart from legal consequences, in particular also to the loss of access. Membership entitles you to use the online offer in the respective availability as well as solely to use the contents for your own private, non-commercial purposes.
2.4. Customers are only entitled to maintain one customer account at the same time. We reserve the right to delete multiple registrations and to issue a warning or denounce members who violate the provisions of 2.1. and 2.2. and to delete or change contents (Virtual Domestic Law).
2.5. We are not obliged to accept the registration or order of a registered customer. We are not obliged to keep our offer permanently available. Orders already confirmed remain unaffected.
3. Contract partner and conclusion of contract
3.1. The contract of sale is concluded with Mila Santa, Nerelis Sánchez Acosta, Calle Bélgica 31, 07108 Puerto de Sóller, Mallorca, Spain. We do not offer any products for sale to minors. If you are under 18 years of age, a parent or guardian must be involved.
3.2. By clicking the button "buy now" you place a binding order for the articles contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order. All products are sold only in household quantities.
3.3. A binding contract comes into effect by transmission of the order confirmation, at the latest, however, with delivery of the ordered goods. In the case of goods marked "available for delivery", you are bound to your order for 2 working days. In all other respects, the commitment shall not exceed 5 days.
3.4. Please note that the delivery of the ordered goods with prepayment is only affected after receipt of the full amount in our account. If your payment is not received by us within 7 calendar days after the order confirmation has been sent, despite the due date and after a reminder, we will withdraw from the contract as a consequence of which your order is void and we have no obligation to deliver. The order is then completed for you and for us without any further consequences. A reservation of the article with prepayment payments is therefore made for a maximum of 7 calendar days.
4. Procurement risk; Abolition of the obligation to deliver; extension of delivery times; transfer of risk
4.1. We do not assume any procurement risk. We are only obliged to deliver from our stock of goods and the goods ordered by us from our manufacturers.
4.2. Our obligation to deliver shall lapse if we ourselves are not supplied correctly and on time in spite of a proper congruent hedging transaction and if we are not responsible for the lack of availability, if we have informed you immediately and if we have not assumed a procurement risk. If the goods are not available, we will refund any advance payment immediately.
4.3. The delivery period shall be extended accordingly in the event of circumstances due to force majeure affecting the delivery. Force majeure shall include strikes, lock-outs, official interventions, shortage of energy and raw materials, involuntary transport bottlenecks, operating hindrances through, for example, fire, water and damage to machinery and all other hindrances which we have not culpably caused in an objective manner. You will be informed immediately about the beginning and end of such hindrances. If the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally valid delivery times, you are entitled to withdraw from the contract. Further claims, in particular for damages, do not exist.
4.4. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods to the consumer or to a consignee designated by him. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods shall pass to the Purchaser upon handover, in the case of mail-order purchases upon delivery of the goods to the freight forwarder or any other person or institution designated to carry out the shipment.
5. Prices, shipping costs and delivery partners
5.1. The prices listed in the offer at the time of the order shall apply. The prices quoted are final prices, i.e. they include the respectively valid Spanish statutory value added tax and other price components and do not include shipping costs, postage and possible fees for customs duties.
5.2. Packaging material becomes the property of the customer.
5.3. The shipping costs are borne by the customer. These depend on the type of shipment, the payment method and the shipping destination. They are calculated and shown in the shopping cart before an online order is placed or, in the case of telephone orders, they are indicated separately on the invoice.
5.4. In the case of partial deliveries, which are arranged by www.milasanta.com without consultation with the customer, subsequent deliveries shall be made free of charge. In case of special customer requests for the distribution of the delivery, the agreed shipping costs for each partial delivery will be charged additionally.
5.5. We ship via UPS.
6.1. We basically offer the following payment methods: prepayment by bank transfer, credit card and PayPal. We reserve the right to refuse certain payment methods for each order and to refer to other payment methods.
6.2. You agree to receive invoices and credits exclusively in electronic form.
6.3. In case of purchase and payment by credit card, your credit card account will be debited upon the dispatch of the order.
6.4. Under no circumstances shall we bear the costs of a money transaction.
7. Legal right of withdrawal
7.1. Below you will find the legally required instruction on the prerequisites and consequences of the right of withdrawal. We do not assume any shipping costs for the return of the goods.
You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform Mila Santa, Nerelis Sánchez Acosta, Calle Bélgica 31,07108 Puerto de Sóller, Mallorca, Spain, e-mail: firstname.lastname@example.org by means of a clear declaration (e. g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can also formulate and transmit the revocation declaration under "Contact" on our website www.milasanta.com If you make use of this possibility, we will immediately (e.g. by email) send you a confirmation of receipt of your revocation.
In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.
Consequences of revocation:
If you revoke this contract, we will be obliged to refund all payments received from you, including delivery costs, without delay and within 14 days from the date on which we receive notice of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We can refuse the refund until we have received the goods back.
You must return or hand over the goods to us without delay and in any case at the latest within fourteen days of the day on which you inform us about the revocation of this contract. The deadline is respected if you send the goods before the expiry of the 14-day deadline. The customer shall bear the costs of returning the goods.
You will only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of the quality, properties and functioning of the goods.
End of the revocation instruction
7.2. The repayment will be made to the account you have used for payment. In the case of payment by bank transfer with prepayment, the remittance will be transferred back to the account from which the remittance was made. If you have paid by PayPal or credit card, the refund will be made to the connected PayPal / credit card account.
8. Return shipment
For a fast handling of your return shipment, please provide the following information:
- State the reason for your return shipment
- Write a message / explanation to us
- Let us know which item and quantity you want to return.
- Send us the item in the original packaging in which we sent it to you.
Returns should be sent to the following address only:
Nerelis Sánchez Acosta
Calle Bélgica 31
07108 Puerto de Sóller
After processing your return shipment, we will inform you by email.
As soon as we have received and checked the return shipment, we will refund the amount immediately and at the latest within fourteen days. In order to be credited, the goods must arrive at our premises in full and undamaged. If, for example, you are responsible for a deterioration of the goods, you must reimburse Mila Santa for the reduction in value or the value of the goods.
9. Complaint of defective article
If an article has a defect or is damaged, you can of course reclaim it.
This is what we need:
- Your invoice scanned or as pdf file
- A description of the defect / defect or how it was caused
- 2-4 expressive pictures documenting the defect. The defect must be clearly visible on an image.
Please send the documents by e-mail to email@example.com.
The form in which an article can be repaired or replaced depends on the severity of the defect and the time of the complaint. We reserve the right to inspect the goods in individual cases and to decide on the type of remedy of defects.
10. Transport damages
If goods with obvious transport damage (e.g. visible on the packaging) are delivered, please claim such defects as soon as possible to the deliverer at the moment of delivery and please contact us immediately. Failure to make a complaint or contact will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
11. Retention of ownership
The goods remain our property until full payment has been made.
12. Applicable law; legal venue
12.1. Spanish law applies to the conclusion and execution of all contracts.
12.2. In business dealings with merchants and legal entities under public law, the place of jurisdiction for all legal disputes concerning these Terms and Conditions and individual contracts concluded under their validity shall be Palma de Mallorca, Spain. In this case, we are also entitled to sue at the customer's place of business.
13. Changes to the General Terms and Conditions
We shall be entitled to unilaterally amend these General Terms and Conditions - insofar as they have been introduced into the contractual relationship with the customer - insofar as this is necessary for the elimination of subsequent disturbances in equivalence or for the adaptation to changed legal or technical conditions. We will inform the customer about an adjustment by notifying the content of the amended regulations. The amendment shall become an integral part of the contract if the customer does not object within six weeks after receipt of the change notification to the inclusion in the contractual relationship to us in writing or text form.
14. Severability clause
Should individual provisions of the contract including these provisions be or become invalid in whole or in part, or should the contract have an unforeseen loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective legal regulations.
Nerelis Sánchez Acosta
Calle Bélgica 31
07108 Puerto de Sóller
Tel: +34 650 807483
Management: Nerelis Sánchez Acosta
Registered at the Agencia Tibutaria, Palma de Mallorca, Spain
Sales tax identification number: ES49923908Q
for Mila Santa and their online-Shop www.milasanta.com