Terms of sale

1.- IDENTIFICATION DATA

General Legal Notice

These general terms and conditions of sale regulate in a comprehensive manner all purchase transactions and other services that may be offered, provided or performed from the online shop located on the website www.candino. com, owned by FESTINA LOTUS SA ("Hereinafter FESTINA") with VAT number A08663684, with registered office at C/ Velazquez nº 150 3º 1ª 28002 MADRID (MADRID) and registered in the Commercial Registry of Madrid, Page M-515523 Volume 28627 Folio 51 with intra-community VAT number ESA08663684 and contact by telephone: (34) 915401291, fax: (34) 915598116, e-mail: info@festina.com

2.- TERRITORIAL AND PERSONAL SCOPE

Regardless of the place from which purchases are made, the items offered through this website are only available for shipment to: 

The CANDINO.COM web shop only and exclusively sells to end consumers, excluding sales to companies and/or professionals. 

For any purchase for resale purposes, it will be necessary to contact FESTINA's wholesale channel managers. Purchase orders placed on the Website for an amount in excess of ONE THOUSAND FIVE HUNDRED (1500) EUROS may be suspended until FESTINA obtains additional information from the customer regarding the nature of the transaction, and may be cancelled if it is finally established that they correspond to purchases for the purpose of resale.

3.- ORDERS 

Offer of Products

The Products for sale are those available at the time the order is confirmed by FESTINA. 
 

FESTINA reserves the right to modify its offer at any time by adding new Products or removing others. 

The Products are presented in accordance with legal recommendations and as accurately as possible, and FESTINA reserves the right to modify the presentation of the Products at any time. 
 

The photographs of the Products are presented for descriptive and indicative purposes only and have no contractual value whatsoever. The specific characteristics of each product can be found in the corresponding descriptions on the website. 
 

There may be differences between the Products delivered and those shown on the website. An exact representation of the Products on the website cannot be guaranteed due, in particular, to differences in colour finishes in Internet browsing software and/or device screens. 

Ordering

Orders may be placed 365 days a year, at any time, except at times when the service is suspended for maintenance or due to other commercial circumstances and/or force majeure. 
 

All orders shall be considered offers to purchase subject to these terms and conditions. FESTINA reserves the right to accept them if the requirements set forth in these terms and conditions are not fulfilled. 
 

Once an order has been placed, the system automatically generates a confirmation of receipt of the order. However, this confirmation does not imply automatic acceptance of the order, since FESTINA reserves the right to collect additional information, including information related to identity and address, in order to guarantee both the correct shipment of the order and the absence of fraud related to the transactions. 
 

Any order placed through the website requires the creation of an account. In the purchase process, the selected Products are added to a basket so that the Customer has the opportunity to verify the details of the order and its final price, and to make changes before final acceptance of the order.

Orders sent to FESTINA by mail, fax or any other means other than those indicated will not be taken into account.

Validation of orders

The order is firm and valid, for the Customer, from the moment it is confirmed by FESTINA, after validation of the payment and notification to the Customer of the processing of the order.

FESTINA shall send by e-mail, as soon as possible, a confirmation of the order with the elements of the order (order number, Products ordered, place of delivery, etc.). 
 

All Product orders are subject to availability. In the event of unavailability of one or more Products ordered, supply difficulties or lack of stock, FESTINA undertakes to contact the Customer by e-mail as soon as possible, informing of the existence of any other substitute Product of the same quality and value.  
 

In the event that the offer of a replacement Product is rejected or is not possible, the User shall have the option to wait until the Product is available or to cancel the order. FESTINA shall reimburse the amounts that, if applicable, have been erroneously paid.

4.- SHIPPING

The web shop CANDINO.COM only delivers within the territorial area defined in these terms and conditions without prejudice to reserve the right to reduce or extend this at any time. 
 

When the Customer places the order, the method and shipping fees will be indicated. The shipping fees are specified before the confirmation of the purchase, detailing the place of delivery, and the service that the Customer may choose. 
 

The following shipping methods are available:

- Home delivery

- Collection at UPS Acces Point or GLS Parcel Shop (depending on the country of destination).

On special dates such as Christmas, Epiphany, long weekends or special offers (Black Friday, Cyber Monday ....), there is no warranty that delivery will be on time, due to the high volume of shipments by carriers.

FESTINA reserves the right to modify delivery times and the type of shipment without prior notice in special cases.

Under no circumstances shall deliveries be made to post office boxes.

CANCELLATIONS: Orders that are confirmed and in the preparation phase cannot be cancelled.

Delivery of the product/s will be considered to have taken place at the moment in which the user or a third party indicated by the user acquires material possession of the product. In the case of delivery of multiple items ordered by the user and consumer in the same order and delivered separately, the day on which the user or a third party indicated by him, other than the carrier, acquires the material possession of the last of the items. 
 

The approximate delivery time for orders is indicated on the site or, in any case, shall not exceed 30 days from the date of confirmation of the order.  
 

If, exceptionally, the delivery date cannot be respected, the user will be informed of this circumstance and will be offered the option of continuing with the purchase by setting a new delivery date or the possibility of cancelling the order and obtaining a full refund of the price paid. 
 

If the recipient is absent at the time of delivery, a notice will be left so that he/she can pick up the shipment at the place and within the deadlines indicated. 
 

After the deadline has elapsed without collection, the shipment will be returned to FESTINA and the consumer will be responsible for contacting the Customer Service Department for an eventual re-shipment at the purchaser's expense.

5.- EXCHANGES AND RETURNS. RIGHT OF WITHDRAWAL. 

If for any reason you are not satisfied with your order, you have a period of 14 calendar days from the date of delivery of the order to return it.  
 

Thus the buyer has the right to withdraw from the purchase within 14 calendar days of receipt of the order as long as it is communicated within that period, directly by the usual means of contact published on our website or by attaching the following form 
 

Exempt from the right of withdrawal are those articles that are not suitable for return for reasons of health protection or hygiene (earrings etc.) if they have been removed from their original packaging. Items that have been personalised or modified at the customer's request are also excluded.

How to return an item  
 

The return procedure consists of the following stages:

1. Return request: 
 

To start the return process, there are two options depending on whether you are a registered customer or not: 

- Unregistered customer: If an order was placed without registration, the following steps must be followed.  
 

You must access "Returns" and enter the e-mail address and the order number (enter the complete number, with letters and without spaces. Example: POFEST_COM20000000).

Enter a password to register your e-mail address and access your personal customer area.

Once inside the customer area, go to: My Account > My Returns and follow the steps indicated.

- Registered customer: access Account > My Returns, and follow the steps indicated. 

2. Selection of the return method:

To carry out the return you can choose the option that is most convenient for you: 
 

◦ Home collection: A UPS delivery person will collect the return from your home.

Delivery to UPS Access Point: Deliver the package to the UPS Access Point of your choice.

3. Confirmation of the return request

Once the return request has been approved, the customer will receive a confirmation e-mail. A return label and delivery note will be attached to this e-mail. (You can also download the return label and delivery note from My Account > My Returns: My Account > My Returns). 
 

The return label must be attached to the top of the box in which the return shipment is to be made and the delivery note must be placed inside the box.

Return Costs

Conditions of delivery:

The product must be returned in perfect condition, unused and in its original packaging, including the guarantee booklet, labels and instructions.  
 

It is very important that the product(s) are returned perfectly packed. If the product(s) are damaged due to inappropriate packaging, the return will not be accepted. 

To ensure that the product arrives at our warehouse in perfect condition, we recommend that you reuse the box in which the product arrived. We also recommend that you fill it with protective paper to avoid knocks and scratches.

Consequences of withdrawal:

The return shipment to our warehouse is at the customer's expense. 
 

Once the goods have been received in our warehouse and all of the above conditions have been fulfilled, CANDINO will accept the return of the product and will proceed to reimburse the amount according to the method of payment made. 
 

If the return is not accepted, the product will be returned to the customer without any refund. 
 

If the payment was made by credit card or paypal, the amount will be refunded to the same credit card or paypal account.

Note: The refund will be made within a maximum period of 14 days from receipt of the product in our warehouse. 

Notwithstanding the above, CANDINO may withhold the refund until the goods have been received, or until the customer has provided proof of the return of the goods, depending on which condition is met first. 
 

Please note that if you paid by credit card it is likely that your bank will not show the refund amount in your balance until the following month. 

CANDINO.COM does not accept carriage forward shipments, if you have any questions please contact customer service via the contact form on the website.

6.- PAYMENT METHODS

The system will automatically display the payment methods available for your order. Check here for details and availability of each of the payment methods supported by our system:

- Credit or debit card

- Paypal

Credit or debit card

We guarantee that every transaction made on CANDINO.COM is 100% secure. All transactions involving the transmission of personal or banking data are carried out using a secure environment. FESTINA uses a server based on standard SSL (Secure Socked Layer) security technology. All the information you transmit to us travels encrypted through the network. 
 

Likewise, your credit card details are not recorded in any database but go directly to the POS (Point of Sale Terminal of the Bank). 
 

In an effort to provide greater security to credit card owners, we have incorporated the secure payment system called CES (Secure Electronic Commerce) into our payment gateway. This way, if you are a " secure " cardholder, you will always be able to make card payments in our shop. 
 

In both cases, when paying by card you will always be asked for the following information: the card number, the expiry date, and a Validation Code that coincides with the last 3 digits of the number printed in italics on the back of your card, thus offering more guarantees about the security of the transaction. 
 

If you have not yet received a personal password for exclusive use for Internet payments, we recommend that you ask your bank to register your cards with the Secure Electronic Commerce service. To do so, you can contact your bank.  
 

Please bare in mind that credit card fraud is a crime, and FESTINA will take legal action against anyone who makes a fraudulent transaction in our online shop. 

Paypal

PayPal allows consumers with an email address to send payments online securely, conveniently and cost-effectively. The PayPal network builds on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. Paypal offers a service specifically designed for those who are not satisfied with traditional payment mechanisms. 
 

For more information you can visit the Paypal website.

7.- WARRANTY

The products purchased on CANDINO.COM are covered by the corresponding legal guarantee, established by the legislation in force: 
 

Example: In the EU, the minimum legal warranty of TWO (2) years established by Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999. This is a minimum guarantee period, being possible that national laws offer more protection (Example: Spain, where the duration of the warranty is THREE (3) years from the date of purchase of the product. 
 

In addition, CANDINO.COM customers benefit from the TWO (2) year International Commercial Warranty provided by the manufacturer, applicable to the extent that it improves the terms of the applicable legal warranty and/or makes up the lack of it.

The commercial warranty operates without prejudice to the legal warranty and other rights that as a buyer and/or consumer are provided for in the legislation in force in the country of purchase (e.g. in Spain, Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws). 
 

In order to use the legal Warranty, it will be necessary to present a receipt or invoice for any claim or request for exchange and/or return. 
 

In order to use the Commercial Warranty with the manufacturer, it will also be necessary to provide the international Warranty Certificate stamped by the establishment. 
 

Defects or damage due to incorrect use, manipulation of the material or wear and tear caused by normal use of the same, are not included in the warranty. 
 

The diminished functionality of the articles due to the limitations of their design are also excluded from the warranty coverage. 
 

Any repair, crediting or replacement shall be carried out within a maximum period of 3 months. If it is technically impossible for our after-sales service to determine whether a defect or fault is due to manufacturing or incorrect use, the article will be sent to the manufacturer, so that its Service Center can determine the cause of the deterioration and determine if it is covered by the guarantee or not. 
 

Please bare in mind that if you find any defect or fault in the product when you receive the order, you will have to contact us through the Customer Service Department before using the product. We will ask you for a photo of the defect and we will take care of collecting the product and, once we receive it, we will proceed to exchange or replace it immediately or, if this is not possible, we will refund your money. 
 

For any repair service, not covered by the warranty, a quote will be issued by the official Service Center of each brand, indicating the amount of the repair, which must be subject to prior acceptance. Likewise, any variations will be previously communicated for your confirmation. 
 

Please bare in mind that the shipment to the Service Center is at the customer's expense, subject to checking whether the product is covered by the warranty. The return shipment is free of charge if the product is covered by the warranty. The return shipment is also free of charge if the repair is not covered by the warranty and you decide not to accept the repair quote.

7.- PRICES

The prices of the Products are in Euros. Unless indicated otherwise, the prices do not include preparation and shipping costs, which shall be clearly detailed prior to the Customer's confirmation of the order.

FESTINA reserves the right to modify the prices of its Products. In any case, the price conditions in force on the date of validation of the order by the Customer shall apply. 
 

The prices displayed on CANDINO.COM may be reviewed and modified if conditions require it at any time.

Products on Offer

All products that CANDINO.COM offers at a special price will be presented on the website with the following information: offer price, regular price, discount percentage and end date of the offer. These offers will be available until the date indicated, except end of stock, in which case the product will automatically disappear from the website. 
 

The offers cannot be combined with other current offers, packs, discounts or special offers. The offer with the highest discount will always apply. 
 

Any pack or assortment is considered a special offer and is not subject to any other discount.

8.- INTELLECTUAL PROPERTY and INDUSTRIAL PROPERTY

Intellectual property of the contents of the website 

All intellectual property rights of the contents of this website, such as text, graphics, photographs, logos, icons, images, graphic design, source code, applications, video, audio, etc., are the exclusive property of FESTINA, which has exclusive rights to exploit them. 
 

Any use involving the copy, reproduction, distribution, transformation, public communication or any other similar action, of all or part of the contents of the website, is reserved exclusively to FESTINA, and therefore no user may carry out these actions without the prior written authorisation of FESTINA. 
 

The user shall not make any improper use of the website by intentionally introducing viruses or any material that may be harmful or damaging. The user shall not attempt to gain unauthorised access to this website, the server on which it is hosted or any server or database related to this website. 
 

In the event of non-compliance by the user with this clause, FESTINA shall be forced to inform the competent authorities, since such non-compliance could lead to the perpetration of infringements as defined in the applicable regulations.

Industrial property of trademarks and distinctive signs  
 

All trade names, trademarks or distinctive signs of any kind contained in this website are protected by law, and FESTINA is either the owner or the holder of legitimate rights over them.

9.- LIABILITY

FESTINA is responsible for the fulfilment of its own legal and contractual obligations, consequent to the execution of these terms and conditions. In return, the user is responsible for the fulfilment of its own obligations, under the same terms. 
 

In the event that FESTINA suffers any damage as a result of the actions and/or omissions of third parties related to these terms and conditions, FESTINA reserves the right to take appropriate action against them. 
 

FESTINA is not responsible for any failure or delay in the performance of any of the obligations assumed, when such failures are due to events beyond the reasonable control of the company. 
 

Events beyond FESTINA's reasonable control include (the following list is not exhaustive):

a. Strikes, lockouts or other industrial action.

b. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

c. Fire, explosion, storm, flood, earthquake, sinking, epidemic, or any other natural disaster.

d. Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.

e. Impossibility of using public or private telecommunication systems.

f. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

g. Any security intrusion (viruses, computer attacks, etc.) that compromises the service or the security of users.

h. Technical and operational reasons that make it necessary to temporarily suspend or cancel the service.

In the event of the occurrence of any of the causes that lead to a situation of Force Majeure, there will be a period of extension in the deadline for the fulfilment of the obligations of the same duration as the duration of the Cause of Force Majeure.

Technical Aspects

FESTINA disclaims any responsibility that may arise from technical problems or failures in computer equipment not attributable to our Company that occur during connection to the Internet, as well as damage that may be caused by third parties through unlawful interference beyond the control of FESTINA. 
 

We are also exempt from any responsibility for possible damages that the user may suffer as a result of errors, defects or omissions in the information that we provide when it comes from external sources. 
 

Connection to the website is at the user's own risk. FESTINA disclaims any responsibility related to the connection to the Internet and to the telecommunications network in general. The user is solely responsible for the protection of its equipment and the applications and data installed or stored on it, and must take the necessary measures for its defence and protection. 
 

FESTINA's computer systems shall store the computer records of orders, electronic communications related to them, and billing, constituting proof of their reality and content, in accordance with the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce, and other applicable regulations.

Website content and links

FESTINA is not responsible for the misuse of the contents of its website, being exclusively responsible the person who accesses or uses them. 
 

Nor does it accept any responsibility for the information contained in the websites of third parties which may be accessed by links or search engines from the website www. CANDINO.COM.

Exchange or dissemination of information

FESTINA disclaims all liability arising from the exchange of information between users through its website. In particular, we are not responsible for the use that minors may make of it in the event that the content accessed may offend the sensibilities of minors.

Updating and modification of the website

FESTINA reserves the right to update, modify or delete the information contained on its website, and the configuration or presentation thereof, at any time, without prior notice, and without assuming any responsibility for it.

Typographical errors

FESTINA is not responsible for typographical errors in prices, offers, promotional gift cards or promotional conditions in general. 

In the event that an error of this type should occur at any time, beyond the control of FESTINA, it will be corrected immediately. 
 

If there is a typographical error in any of the prices or offers presented and a customer has made a purchase decision based on such error, we will inform the customer of such error and the customer shall have the right to cancel the purchase without any cost on his or her part.

10.- PRIVACY 

According to the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, FESTINA informs its customers that any personal data provided will be included in an automated personal data file, created and maintained under the responsibility of FESTINA LOTUS SA as the party responsible for the file. 
 

Access to the pages through which FESTINA customers consult personal data, request additional information or purchase any of the products offered is always done through a secure line. 
 

FESTINA guarantees the security and confidentiality of the data provided. Thus, it undertakes to comply with its obligation of secrecy of personal data and its duty to protect them and to adopt all necessary measures to prevent their alteration, loss, processing or unauthorised use.  
 

Interested parties may exercise their rights of access, rectification, deletion, portability, limitation and opposition to processing or any other right recognised by the applicable regulations, by proving their identity by means of a request indicating the reference "Protection of personal data" and addressed to:

Postal address:

C/Velazquez nº 150 3º 1ª 28002 (Madrid). 

Electronic communication:

https://www.corporate-line.com/dataprotect-grupofestina

Data Protection Delegate: 

dpo@festina.com

If you consider that the company has not processed your personal data in accordance with the applicable regulations or that you have not been satisfied in the exercise of your rights, you may file a complaint with the Spanish Data Protection Agency (www.agpd.es).

See our privacy policy and our cookies policy.

11.- GENERAL

Partial invalidity

If one or more clauses of these terms and conditions are declared invalid by virtue of a law, a regulation or following a final decision of a competent jurisdiction, the remaining clauses shall remain in full force and effect and shall retain their scope of application. 
 

Absence of waiver

The fact that one of the parties has not demanded the application of any clause of these terms and conditions, either permanently or temporarily, shall in no case be considered as a waiver of rights. 

Modifications

FESTINA reserves the right to modify these Terms and Conditions. Any new version of these Terms and Conditions will be published on the website.

The version of the Terms and Conditions available on the Site at the time the order is placed shall prevail over any other version of the Terms and Conditions for the purpose of regulating the order.

Integrity 

These terms and conditions and the order summary sent to the Customer form a contractual unit and constitute the entirety of the contractual relations established between the parties. 

 

11.- JURISDICTION and APPLICABLE LAW.

Legislation and jurisdiction

These general terms and conditions shall be interpreted and applied in accordance with current Spanish legislation, without prejudice to other mandatory rules that may be of preferential application. 
 

In the event of conflict, the Courts and Tribunals that the Spanish legal system provides for at any given time shall have jurisdiction, where applicable, objectively, functionally and territorially.

Online dispute resolution platform

Without prejudice to the provisions of the previous section, for the alternative resolution of consumer disputes in the EU (Online Dispute Resolution in Consumer Matters in accordance with Art. 14.1 of EU Regulation 524/2013), FESTINA informs that it is a member of the online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.