1. Terms and conditions
The present conditions of sale (the "Conditions of Sale") regulate the agreement between the company FRANCO AUSTRAL, S.L., hereinafter SURKANA, with address at Calle Zamora 103 Ático 1ª, 08018 Barcelona and registered in the Mercantile Registry of Barcelona with the following data: Book 161, Volume 27701, Page nº B-121023, Inscription nº1 and CIF B-60705464; and the customer ("Customer") formalized through the web site www.surkana.com/shop/ (the "Web Site") for the purchase by the Customer of Surkana products through the Web Site. You can contact us at the following telephone number 93 300 16 17 or at the following email: firstname.lastname@example.org
2. Purchase procedure
2.1. Conditions for the purchase
2.2. How to order
To place an order through the SURKANA Web Site you must follow these steps:
1. Choose the desired products and add them to "My basket" with the button "Add to my basket".
2. Finalize the purchase by clicking on View complete basket and clicking on Finalize purchase if the order is complete.
3.If the customer is not registered you must do it at this time. If on the contrary he is already registered he only has to enter his user and password and he will be redirected to the confirmation of his purchase.
4. Choose the desired shipping method and click "Continue".
5. Choose your preferred payment method and click "Proceed to checkout".
6. Make the payment. If the payment is authorized the customer will see the confirmation of his purchase and we will automatically send an e-mail to his e-mail address with the same information that he will be able to retrieve when he needs it.
7. At this moment the customer's order is registered and starts to be processed in SURKANA's warehouse.
SURKANA may change the Conditions of Sale at any time, without prior notice to the Customer. However, SURKANA will announce such change if an order is cancelled for any reason of availability and SURKANA will refund (if applicable) the value of the order. Shipping charges are never refunded, except in the circumstances described in the Returns section. Once the Customer has received confirmation of purchase from SURKANA, the Conditions of Sale applicable to the Customer's purchase cannot be modified.
2.3. Availability of Products
The completion of an order through the Web Site is subject to the availability of the product. SURKANA tries to guarantee the stock of all items on sale. If the product ordered is not available or if it is out of stock, the Customer will be notified by email and the amount paid will be refunded within 30 days of payment.
SURKANA's right to cancel or not to accept an order.
SURKANA may refuse any order, cancel any order or not accept a confirmed order for the following reasons. We will notify you by email prior to any such action, to try to resolve the problem and refund any payment made:
(a) The product listed on the order is not available.
b) The payment information provided was incorrect or unverifiable.
c) Security systems indicate that the order is anomalous or may be fraudulent.
d) There are reasons that indicate that the Customer is a minor (under 18 years of age).
e) SURKANA has not been able, after 3 attempts, to deliver the order to the address provided. If an order is cancelled for any of the above reasons, SURKANA will refund the value of the order and the shipping costs paid, except for the failed deliveries detailed in point "f".
f) The destination of the package does not correspond to any country to which we ship merchandise.
g) In the event that once the payment has been formalized, the customer changes the shipping address indicated on the form. In this case, the customer will also be responsible for the shipping costs.
2.5. Verification of data
Before processing an order placed by the Customer, SURKANA may verify the Customer's data: its address, the solvency of the Customer and whether there may be any fraud involved. With respect to possible fraud, SURKANA may use a partially automatic verification of all purchases to filter out those that are considered anomalous or suspicious of fraud. In the event that orders suspected of fraud are detected, they may be reported to the relevant authorities, who may take legal action against the fraud.
3. Price and Payment
3.1. Prices and currency
The prices and offers presented on the Web Site are inclusive of VAT (Value Added Tax) and are only valid for orders placed online through the Web Site. These prices and offers may not match those available in SURKANA stores worldwide. Prices are in Euros.
3.2. Payment method
To pay for the order the Customer may use the following credit or debit cards: Visa, Visa Electron, MasterCard or American Express. Payment by PayPal is also accepted. The charge will be made after confirmation of the order.
3.3. Price changes
SURKANA informs you that despite the meticulous updates that are made to the prices on the Web Site, they may contain errors. In the unlikely event of an obvious and material error, you agree that SURKANA will not be bound by the incorrect price and may cancel your order, unless your credit card, debit card or other method of payment has already been charged. If an obvious and substantial error is detected and you have not yet been charged, we will inform you of the correct price and you will be given the option to continue with your order at the correct price or cancel it.
3.4. Value added tax
In order to comply with the applicable VAT under the distance selling rules, deliveries will be deemed to be made in the Member State shown on the delivery address. Thus, all purchases made through the Website will be subject to VAT.
4.1. Where and when
Deliveries are made from Monday to Friday. No deliveries are made on weekends or during local holidays. Orders can only be delivered to private residences or offices. Deliveries are made during business hours. Therefore, to facilitate deliveries, Customers are advised to use their work addresses or other addresses where there is someone who can receive the goods.
4.2. Delivery time
Orders are normally delivered between 48 and 72 hours after the purchase is formalized, excluding Saturdays, Sundays and holidays. The delivery time is normally met and, although SURKANA cannot guarantee punctuality, all orders are delivered within a period of 15 days after the date of confirmation of receipt of the order, at the most.
4.3. Verification upon receipt
The Customer must check the condition of the goods upon receipt. If the packaging is damaged, the Customer must not accept the delivery. SURKANA informs that the delivery must be verified within a reasonable period of time after receipt. In the event that no communication of rejection of the goods has been received within 30 days of delivery, SURKANA shall consider that the Customer has accepted the delivery. This does not affect the rights that the current legislation grants to the customer in terms of guarantees.
5. Shipping costs
Shipping costs apply to each order. We ship to: Mainland Spain, Balearic Islands, Portugal, Germany, Belgium, Austria, Denmark, France, Italy, Ireland, Netherlands, Sweden and Luxembourg. Under no circumstances will orders be shipped outside these areas or countries. If for any reason, the customer places an order with a delivery address outside the countries indicated, the order will not be processed, and the customer will be responsible for any costs incurred by SURKANA for this reason. The delivery fee is 3 € for Spain and Portugal and the shipping will be free for purchases over 100 € in these 2 areas.
6. Return Policy
6.1. LEGAL RIGHT OF WITHDRAWAL.
You have the right as a consumer to withdraw from this contract without giving any reason within 14 calendar days after you or a third party authorized by you have received the product. To exercise this right of withdrawal it will be necessary that you notify us of this decision with a manifestly unequivocal action by sending this withdrawal form (whose use is not mandatory) (DOWNLOAD FORM), through the following channels:
FRANCO AUSTRAL, S.L. (SURKANA) Postal Mail.
Customer Service Dept.
Calle Zamora 103 Ático 1ª 08018 Barcelona
You can send the form to the following e-mail: email@example.com
6.2.- CONSEQUENCES OF CANCELLATION
In case of withdrawal, we will refund the customer all payments received after the purchase, including delivery costs (with the exception of additional costs resulting from the choice by the customer of a delivery method other than the least expensive mode of ordinary delivery that we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of the decision to withdraw from this contract. The same means of payment used for the initial transaction shall be used for the reimbursement, unless the customer has expressly agreed otherwise. In any case, no costs will be incurred as a consequence of the reimbursement. SURKANA may withhold the reimbursement or until it has received the goods or until the customer has provided proof of the return of the goods. The customer must return or deliver the goods directly to us without undue delay and in any event not later than 14 calendar days from the date on which he communicates his decision to withdraw from the contract to us. The deadline shall be deemed to have been met if you return the goods before the end of this period. In order to proceed with the return of the goods the customer may use the courier services that SURKANA makes available to him, being that in this case, no shipping costs will accrue to the customer, unless he decides to use a different means to the one proposed by SURKANA.
6.3. CONTRACTUAL RIGHT OF WITHDRAWAL.
In addition to the right of withdrawal legally recognized to consumers and users and mentioned in the previous clause, SURKANA grants a period of 30 days from the Confirmation of Shipment to return the products.
The Customer may return the purchased product provided that:
The product has not been washed or used in any way.
The product is complete (items that form a pair must be returned together).
The products must be returned in their original packaging and labels together with the relevant return note. Only one return can be processed per order. SURKANA will carry out the relevant inspection of the returned goods. SURKANA will reimburse the Customer for the price of the product within a maximum of thirty (30) days following receipt of the notification of return of the product. The Customer shall also bear the cost of returning the goods. In the case of returning a product in a promotion linked to quantities (3x2, second unit at half price, etc.) the promotion will be cancelled and the discounted products will be invoiced at full price. In case you return the products within the contractual period of the right of withdrawal, but after the legal deadline, you will be refunded only the price paid for such products minus the shipping costs. In addition, in this case, the customer shall bear the direct costs of returning the product.
6.4. RETURN OF DEFECTIVE PRODUCTS.
In the event that the customer considers that at the time of delivery the product does not comply with the stipulations of the contract, the customer must contact SURKANA immediately through any of our contact details, communicating the details of the product and the damage it suffers. If after making the appropriate verifications by SURKANA, it is verified that the product has a defect, SURKANA will collect the product at no cost to the customer, and will proceed to reimburse the price that the customer had paid for the product as well as the shipping costs if any, within a maximum period of 14 days of receipt by SURKANA of the product reason for the return.
6.5. RETURN OF BATHING PRODUCTS
Bathing products such as bikinis and swimsuits, due to hygiene reasons, cannot be exchanged or returned once purchased.
7. Exchange of products
Products cannot be exchanged. To obtain a product in another color or size, the Customer must return the original item and place a new order through the SURKANA Website.
8. Validity of Offers ("PROMOTIONAL OFFERS")
Promotional offers displayed on the Website to increase the sale of certain products are only valid for as long as they appear on the Website, unless otherwise specified on the Website.
These Conditions of Sale set out all of SURKANA's obligations and liabilities in respect of the supply of products. There are no warranties, conditions or other terms which are binding on SURKANA except as expressly set out in the Conditions of Sale. Nothing in these Conditions of Sale limits or excludes SURKANA's liability for (I) death or personal injury caused by SURKANA's negligence, (II) fraud, (III) any breach of obligations under applicable national laws or (IV) any liability which cannot be excluded by law.
10. Applicable Law
Purchases made through the SURKANA Web Site and under these Conditions of Sale are subject to Spanish law.
11. Competent Jurisdiction
Any dispute or discrepancy arising from the application or interpretation of the Conditions of Sale, as well as the contracts it incorporates, will be resolved in the territorial jurisdiction that corresponds by virtue of the legislation in force in Spain. However, if the Customer enjoys the status of consumer according to the Spanish Law for the defense of consumers and users, the competent courts shall be those of the place of residence of the consumer in Spain.
12. Contact us
For any query or incident regarding the order, the Customer can contact SURKANA: Calling 0034 93 300 16 17 from Monday to Thursday from 9:00 to 18:30 and Fridays from 9:00 to 15:00 (except local and national holidays).
Through the Contact Us section of the Website
By e-mail, by sending a message to firstname.lastname@example.org
For more detailed information on returns, please refer to the SURKANA Returns section and follow the instructions carefully.