GENERAL TERMS AND CONDITIONS
TABLE OF CONTENTS
- 1: Purpose
- 2: Prices
- 3: Payment
- 4: Secure payments
- 5: Product availability
- 6: Order
- 7: Order cancellation by Santi-shop
- 8: Electronic signature
- 9: Proof of transaction
- 10: Product quality and conformity
- 11: Shipping
- 12: Cooling-off period
- 13: Unclaimed parcel
- 14: Liability
- 15: Warranty
- 16: Litigations - applicable law and courts of jurisdiction
- 17: Amendments
- 18: Cookies
These General Terms and Conditions determine the contractual relationship between the company Santi-shop S.àr.l. and its customers. These conditions are based on the Luxembourg "Code de la consommation", law dated April 8, 2011.
Placing an order on Santi-shop implies the acceptance by the client of the conditions set out in this document.
In case of difference between this document and the French version of the "General Terms and Conditions", the French version prevails.
Prices are displayed with tax (VAT) included and rounded to two decimals. If you are eligible to purchase without VAT and have logged on under your name, the prices are displayed without tax.
Base prices are denominated in Euro and billing is always done in Euro. If you chose another currency, all prices become purely indicative. They are based on the exchange rate of the day, rate that can slightly differ from the one your bank will use to debit your account.
Shipping costs appear during checkout process and before its finalization.
Santi-shop S.àr.l. reserves its right to modify prices at any time but the products will be invoiced based on prices valid at the time the order is placed.
The products remain the property of Santi-shop S.àr.l. until full payment is received. At no time could paid amounts be regarded as down payments or instalments.
All orders are payable in Euros. Options, depending on the country, are:
- Secure online payment through credit cards (VISA, MASTERCARD)
- Secure payment by smartphone/tablet with the Digicash app
- Bank transfer
- Cash (exact amount); solely for the option "Pick up by the customer"
Your credit card will be charged the day your order is shipped or the day before and not at order time. At order time, the validity of the card is verified and the coverage check is performed. The amount is booked by your bank until actual payment.
The Digicash app allows you to make a bank transfer from your account to the one of Santi-shop in a safe and very simple way. When ordering, at checkout stage, Santi-shop generates on your computer screen a Digicash QR Code which contains all the details of your invoice.
- Order via computer : scan the QR code with your smartphone/tablet and confirm the amount.
- Order via smartphone/tablet : click on the QR code.
The Digicash app for smartphone is currently only available by Luxembourg banks. You would like to be able to use it? Then propose it to your bank or open an bank account in Luxembourg with a bank partner with Digicash.
When making a bank transfer from a country that belongs to SEPA (Single European Payment Area), please choose the option "shared charges (SHA)". To pay by bank transfer from a non-SEPA country, please contact Santi-shop. Your order will be considered upon receipt of the exact amount invoiced. Santi-shop's bank account details appear on the screen that confirms the success of your order and in the order confirmation email. You can also find these details back in "My account" / "My last three orders" by clicking on your order.
If the bank transfer is not received within three working days after order date, the order will be cancelled without preliminary information. If the bank transfer is received after three working days, the order will be reactivated. If all ordered products are still available, the order is sent. If some products are missing but can be made available within 10 working days, the order will be sent as soon as missing products become available. If some products are missing but cannot be obtained within 10 working days, the order will be sent without them and their value added to the client's voucher's account.
Payment on delivery and cheques are not accepted (to high bank charges).
4. Secure payments
We chose the e-payment solution PayPlug that supports secure Internet payments by credit card. All the processing of financial transaction takes place on "PayPlug" servers and do not transit through our website. This ensures complete safety. Santi-shop S.àr.l. can neither know nor store at any time the data of your credit card.
PayPlug checks the validity and coverage of your card and notify you of acceptance or rejection of the transaction. If accepted, the order is confirmed. In case of refusal (card refused, data input error…), the system returns you to a page on Santi-shop that proposes you three options: try another card-payment, chose another payment method, cancel the order.
Dubious orders will be taken through a special procedure to avoid credit card fraudulent use or other type of fraud.
5. Product availability
The system warns you if you want to order a product in an amount greater than that available in stock. This enables you not to order more than the amount available and avoid having to wait for delivery.
Some suppliers delivering more regularly than others, you are free to order their products in an amount greater than that available in stock. In such a case the total order will be sent upon receipt of the missing items and that, in general, within two weeks after receiving your payment. (This is only possible outside the annual closure periods of our suppliers.)
In case of unavailability of a product, especially because of the supplier, you will be informed at the earliest, by email, and your order will be modified by us to reflect the exact quantity of each product. If you paid by bank transfer, the excess amount will be put on your voucher's account or, upon request, refunded. If you paid by credit card, only the correct amount will be charged.
To avoid errors the maximum amount that can be ordered at once is 25 units per item. If you want to order more than 25 units of an item, please send us an e-mail.
Orders can only be placed through one of Santi-shop websites.
Your order is handled only after payment by one of the means described above.
Santi-shop S.àr.l. acknowledges receipt of your order by e-mail sent to your billing address. This email contains the provisional invoice. Another email will be sent upon receiving your payment. A packing slip is added to the parcel and the final invoice is sent via email after sending the parcel.
The payment of your order implies the full acceptance of these General Terms and Conditions.
The history of all your orders is archived and available at any time through "My account".
7. Order cancellation by Santi-shop
Santi-shop reserves the right to cancel the order of a customer with whom it might have a litigation relating to the payment of a former order, in case of doubts about the validity of the credit card used or in case of refusal of authorization of payment by credit card.
If pick-up by the customer does not take place as agreed mutually or bank transfer is not received within three working days after order date, the order will be cancelled without preliminary information.
8. Electronic signature
The "click" that confirms the order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
9. Proof of transaction
The IT records, stored in Santi-shop S.àr.l. and its hosting provider IT systems under reasonable conditions of safety, will be regarded as evidence of communications, orders and payments between the parties and alone these data have probative force in case of litigation.
The archiving of the purchase orders and invoices is made on a reliable and durable support able to be produced as evidence.
The payment data recorded by PayPlug constitute proof of the financial transactions.
10. Product quality and conformity
If, despite all the internal controls, an error occurred or a product were to prove not in conformity in kind or in quality compared to the purchase order, please inform us the latest the first day following the delivery. Any claim sent after this period will be rejected.
Always specify your personal data, the invoice number as well as the product name and code as they appear on the invoice. Non-conforming product will be exchanged or refunded at no cost if it turns out that there has been an error on our part.
Santi-shop S.àr.l. may ask you to return the product(s) concerned. Return costs will be reimbursed on the basis of proof to be included in the parcel. However, those may not exceed the shipping costs charged for this order.
Only returns requested by our Customer Service department will be accepted for refund.
Return, exchange or refund can be made only for complete products in their original state (packaging, accessories), and together with a copy of the invoice.
Claims that do not follow the above rules will not be taken into account and will release Santi-shop S.àr.l. of any responsibility to its client.
Refer to Shipping.
12. Cooling-off period
A 14 calendar days cooling-off period, from the day you receive your order, applies to your purchase during which you may withdraw and return the product. It is mandatory to notify Santi-shop S.àr.l. by e-mail and to wait for approval before returning the product. The price of the returned product, after deduction of discounts and vouchers, will be refunded within 15 days of its receipt by Santi-shop S.àr.l.. Refund will be done on the account you used for payment. Shipping costs remain at your expense.
Santi-shop Service rétractation
11 rue Paul Rischard
Grand-Duchy of Luxembourg
Cooling-off right applies to new products, in their original state (packaging, accessories,…) with the original packing slip. Are not taken back: products that have been opened, damaged or, for reasons of safety and hygiene, that originally are not sealed (as for example most of the cosmetics products) . Cooling-off right does not apply to discounted products, food products, books, products ordered based on specific client request and products ordered in quantities higher than 3 units.
No cash on delivery will be accepted, whatever the reason.
13: Unclaimed parcel
An order to be picked up by the customer, that was not picked up within 5 working days, will be cancelled. The value of the products paid, minus 5 Euros (excl. VAT) for administrative and packaging costs, will be refund to the customer.
When a parcel is returned to Santi-shop because the client did not take delivery of it, the following actions are taken.
- Santi-shop opens the parcel and checks the products.
- Santi-shop informs the customer of the receipt of his order and the condition of the products.
- Santi-shop refunds the value of the products that can be put back on sale. Discounts and rebates offered on the order and 5 Euros (excl. VAT) for administrative and packaging costs are deducted before refund.
Potential costs of return charged to Santi-shop by the carrier will be charged back to the client.
The products offered are in conformity with the Luxembourg legislation and the standards applicable in the Grand Duchy of Luxembourg. Santi-shop S.àr.l. can not be held liable for non-compliance with the laws of the destination country. The client is responsible for checking the local laws and customs before to place an order.
Any parcel refused by Customs (among others due to prohibited imports) and returned to Santi-shop will be refunded to the customer whenever possible. Only the saleable products will be reimbursed, special products or high quantities of a product ordered at the special request of the customer will not be refunded. Shipping costs, discounts and 5 € (VAT excluded) for packing and administrative costs will be charged to the customer.
Images, text, graphics, information and features illustrating the products are not contractual and are for illustrative purposes only to assist you in your choice. Consequently, Santi-shop S.àr.l. can not be held liable for errors or omissions in such images, text, graphics, information and features.
Santi-shop S.àr.l. can not be held liable for breach of contract of sale due to: inventory shortage on supplier's side, case of force majeure, disruption or strike of postal and or transportation services, unavailability of communication services, flood, fire.
Santi-shop S.àr.l. can not be held liable for any damage related to a service of the Information Society, including:
- introduction on Customer's computer of viruses spreading via the Internet,
- misuse of the website,
- unauthorized use of any portion of the website,
- data interception due to software piracy,
- non-receipt of or not reading/reacting within maximum one week after sending of/to e-mails sent by Santi-shop.
Products purchased on Santi-shop are covered by the statutory warranty against hidden defects in accordance with section 1641 of the Civil Code. To qualify for the product warranty it is mandatory to retain the packing slip.
The warranty does not cover:
- Defects and their consequences related to improper use.
- Consequences for exceeding the Best Before Date and/or inappropriate storage conditions.
Santi-shop S.àr.l. will exchange (under warranty) or refund defective and/or nonconforming products. All returns will follow the above-procedure: "Product quality and conformity".
16. Litigations - Applicable law and courts of jurisdiction
These General Terms and Conditions are subject to Luxembourg law.
Luxembourg courts shall have exclusive jurisdiction in any dispute.
Santi-shop S.àr.l. reserves the right to adapt or modify at any time these General Terms and Conditions. These changes will be applicable when available online to the customer.
If you subscribed to the newsletter you will automatically be informed of any significant change.