GENERAL TERMS AND CONDITIONS

 

Introduction

This document, together with the documents referred to therein, lays down the terms and conditions governing the use of the website www.shana.com (hereinafter “the Web”) and the purchase of products in the same (hereinafter “the Conditions”). By using this website or placing an order through it, you agree to be bound by these Conditions and by our Legal Notice and Privacy Policy. Accordingly, if you do not agree with all the Conditions and the above-mentioned Legal Notice and Privacy Policy, you shall not use this website.

These Conditions might be modified. It is your responsibility to read them periodically, as they will be applicable in the form in effect at the time of placing an order or, failing this, at the time of use of the Web.

If you have any questions regarding the Conditions, the Legal Notice and the Privacy Policy, please contact us at sac@shana.com

 

Company information

The following Conditions regulate the sale of products presented on the Web by the company:

SHANA RETAIL S.L. (hereinafter SHANA)

Paseo de Gracia, 28, 3.ª planta

08007 Barcelona (Spain)

93-342-57-30

sac@shana.com

SHANA is a Spanish limited liability company with tax number (C.I.F) B-66.490.624

 

Use of the Web

By using the Web and placing orders through it, the user agrees to:

a) Make use of the Web only to place orders and submit queries which are legally valid.

b) Not to place fake or fraudulent orders. In this sense, SHANA reserves the right to cancel the access account of a user in case fraudulent, speculative or malicious activities are detected in the use of this service, and to report this to the relevant authorities.

c) Provide us with your contact information truthfully and accurately. You also agree that we can use this information to contact you if necessary (see our Privacy Policy).

When placing an order through the Web, the user declares being older than 18 and having the necessary legal capacity to enter into a contract.

 

Object of the contract

The Web offers an online shopping service for clothing, footwear and accessories by SHANA, governed by these Conditions.

 

Service availability

The products offered through the Web are only available for shipping internationally.

 

Purchasing guarantee

The items offered on the Web are a selection of products and meet the same quality and guarantee requirements of the products offered for sale in the commercial establishments of SHANA.

Each product bears the following information:

• Article name

• Picture/s of the article

• Reference

• Size guide and available colours*

• Composition and washing instructions

• Information on delivery and return of orders

• Price

* SHANA has made an effort to show the colours of the clothing as close to reality as possible. However, the colour of the clothes appearing on the screen may be subject to variations depending on the quality of your computer monitor. In this sense, SHANA cannot guarantee that the colours displayed on your monitor accurately reflect those of the product itself.

Any special offers, promotions or discounts will be valid until the date indicated or until end of stock.

Likewise, SHANA makes the necessary efforts so that the information on the Web is complete, true and correct. If there is any error in the data, SHANA will proceed to correct it as soon as possible.

The legal guarantee of the products offered by SHANA is established in the Spanish Royal Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users. To this end, SHANA shall be liable for defects that become apparent within two years from delivery, provided that the customer has reported that lack of conformity within two months after he was aware of it.

 

  

Purchasing process

The articles of the Web that you wish to purchase must be selected and added to the shopping cart by clicking on the corresponding icon.

The shopping cart includes the reference of the selected item, its name, size, selected colour and the price (including taxes). The price shown does not include shipping costs, which will vary depending on the selected modality.

To make a purchase, we require the user’s personal data, which will be incorporated into our database in order to process the order and to facilitate future new purchases through the Web. Personal data provided by users will be managed in accordance with the provisions of our Privacy Policy. Users may, at any time, access their personal data and the information on placed orders. SHANA reminds users that personal data should be provided accurately in order to avoid any confusion or incidents with the shipping of the purchased article/s.

Once the purchase order has been completed, and before its confirmation, the user will be presented with an overview of the order identifying the purchased item, the final price with the detail of all costs (shipping and taxes included) and the shipping details. The user then confirms the order by clicking the button labelled ‘Confirm payment’.

Purchases can be paid by credit card and via PayPal. Other forms of payment which are not specifically provided in these conditions of sale are not accepted. Payments with credit card will be made online, i.e. in real time, through the payment gateway of the corresponding financial institution, once it has been confirmed that the data provided by the user are correct.

After the transaction has been confirmed, the order number will be shown on the website so that the user can track its progress at any time and from any computer.

Also, an automatic confirmation e-mail will be sent to the address indicated by the user including a description of the purchase order and the personal data provided. Failure to receive this message may be due to a temporary communications problem on the network or to some typing error in the provided e-mail address. In both cases, SHANA recommends users to contact our Customer Service. Similarly, the user will receive a confirmation e-mail that the product has been sent.

 

 

Product Availability

All orders are subject to product availability. If, when placing the order, we detect that there is no stock of any of the products included therein, SHANA will try to find the garment. If this is finally not possible, we will immediately inform the customer. In addition, any charged amounts for the unshipped items will be refunded to the customer within the following days by the same means of payment used in the purchase.

 

 

 

Right not to accept an order

SHANA may cancel any order or not accept a confirmed order for the following reasons:

• In case of a technical and/or typographical error in pricing or in other data of the products shown on the website when the order was placed.

• Due to lack of availability as described in the previous section.

• When the security systems indicate that the order may be fraudulent.

• When there are reasons that indicate that the user is a minor.

• In cases where SHANA has been unable to deliver the order to the address provided.

In the event of cancellation or non-acceptance, SHANA shall fully reimburse any amounts previously paid.

 

Price and payment

Prices on the Web are shown in Euros.

SHANA only accepts payments via credit card, PayPal, subject to the conditions set forth below:

- Payment with credit card:

SHANA accepts payment with the following credit cards for purchases made through its web page: VISA, MASTERCARD and AMERICAN EXPRESS.

Should the payment method chosen be a credit card, the charge will be online, i.e. in real time, through the payment gateway of the corresponding financial institution, once it has been confirmed that the data provided by the user are correct.

- Payment via PayPal:

SHANA accepts to process the payment through the PayPal system.

 

VAT and invoicing

In accordance with Article 68 of Law 37/1992 of 28 December, on Value Added Tax, the delivery of goods shall be understood to take place in the territory where the Spanish VAT is applicable when the address for delivery is in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at that time depending on the particular item.

For those orders to the Canary Islands, Ceuta and Melilla, deliveries will be VAT exempt pursuant to Article 21 of Law 37/1992, subject to the application of the corresponding taxes and custom duties pursuant to the regulations in force in each of these territories.

You expressly authorize SHANA to issue the invoice electronically, although you may notify us at any time that you wish to receive an invoice on paper, in which case we will issue and send you the invoice in that format.

 

Payment security

In order to grant maximum security to the payment system, SHANA uses secure payment systems from leading financial organisations in electronic commerce. In this sense, the confidential payment details are transmitted directly and in encrypted format (SSL) to the corresponding financial entity. For payments with Visa, MasterCard and American Express cards, SHANA only accepts SEC transactions (Secure Electronic Commerce) that include the international protocol 3D Secure, which is distinguished by the marks Verified by Visa, MasterCard SecureCode and American Express Safekey. The Secure Electronic Commerce is an initiative whose basic principle is to guarantee security in Internet transactions. When making a payment through the secure payment gateway, the system automatically verifies that the credit card is activated for Secure Electronic Commerce. Then it will connect with the issuing bank of the card, who will ask you to authorize the transaction by means of a personal authentication code. The operation is performed only if the bank that issued the credit card confirms the authentication code. Otherwise, the transaction will be rejected. We have also implemented the security certificate for online transactions GeoTrust SSL.

 

 

Delivery

Unless there are unforeseen or extraordinary circumstances, we will send you the order comprising the product/s listed in each Delivery Confirmation within the delivery time detailed on the website according to the shipping method selected and, in any case, within a maximum period of 30 days from the date of confirmation of the order.

If for some reason we cannot meet the delivery date, we will inform you of this fact and give you the option to go ahead with the purchase by establishing a new delivery date or to cancel the order with full refund of the amount paid. Note, in any case, that we do not make home deliveries on Saturdays or Sundays.

For the purposes of these Conditions, it is understood that a “delivery” has taken place or that the order has been “delivered” at the time in which you or a third party indicated by you acquire physical possession of the goods, which shall be acknowledged by signing the corresponding receipt of the order at the agreed delivery address.

 

Unable to deliver

In the event that it is not possible to deliver your order, it will be returned to our warehouse. We will also leave a note explaining where your order is and how to have it sent again. If you are not at the delivery location at the time agreed, please contact us to rearrange delivery for another day.

In the event that, within 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will assume that you want to cancel the contract and we will consider it terminated. As a result of the termination of the contract, we will refund all payments received from you, including delivery charges (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method that we offer) without undue delay and in any case within a maximum period of 14 days from the date on which we consider the contract terminated. Please note that the shipping needed for the termination may have an additional cost, which we are entitled to charge you.

 

Right of withdrawal

The customer is entitled to returning any product purchased through the Web within 14 calendar days from the date of delivery of the order without justification.

The withdrawal must be communicated to SHANA, Paseo de Gracia, 28, 3.ª planta 08007, Barcelona (Spain), on the telephone ……………… or sending an e-mail to ........................... by means of a clear statement (e.g. a letter sent by post or e-mail). In this sense, the customer may use the model of withdrawal form annexed to these Conditions, although its use is not mandatory.

To meet the withdrawal period it is sufficient that the communication concerning the exercise of this right is sent before the deadline expires.

In case of withdrawal on your part, we will refund all payments received from you, including delivery charges (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method that we offer) without undue delay and in any case within a maximum period of 14 days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to carry out such refund with the same means of payment used by you for the initial transaction. You will not incur any expenses as a result of this reimbursement. Notwithstanding the above, we may withhold said refund until the goods have been received or you have submitted evidence of their devolution, depending on what condition is met first.

The products shall be returned or directly delivered in their original packaging to any SHANA store in Spain. You can also request the return through a courier service via our Web, without undue delay and in any case within a maximum period of 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline is considered to have been observed if the goods are returned before said period has ended.

Unless you make the return of the goods in a SHANA store in Spain or through a courier service arranged by us, you shall bear the direct costs for returning the goods.

Both the product and its original packaging shall be returned in perfect condition. The customer is responsible for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

 

Returns & Exchanges

If, after receiving the purchased product, the customer is not satisfied with it, SHANA will allow you to change the size of the item purchased or to return it within 30 days from the date of receipt, provided that the garment has not been used or damaged.

SHANA cannot accept exchanges or returns of worn or damaged garments, except in the case of a defect. For reasons of hygiene, underwear and toiletries wear a protective device that prevents their testing or use. To return these items, it is essential that they keep the label and the protective device.

Exchanging a model for a different one is not accepted, only the size can be changed. To exchange one product for another, it must be returned and a new order shall be placed.

Any return of items previously purchased shall be perfectly packaged and shall include the delivery note or the Web returns form duly completed.

The user can make exchanges and/or returns at no additional cost through the following means:

 

1. Exchanges and/or returns in stores

Items purchased through the Web are part of the collection of items that are available for sale in the physical stores of SHANA. For this reason, the user has the possibility to make changes of size of the same item or returns, depending on the stock of each store.

Also, all items can be returned in those stores in Spain where the collection you want to return is on sale. In this case, you should go to any of these stores and show the electronic ticket for the return (on your mobile device or printed). The store will, in turn, give you a ticket as a proof of such return and process the request for refund of the corresponding amount. The return details will be sent to SHANA in order to proceed with the reimbursement by the same method of payment used for the purchase.

 

2. Exchanges and/or returns with home pickup service

Changes in size or returns of any products purchased on the Web can be done through the free home pickup service offered by SHANA.

Customers who wish to make a change in size or a return through the home pickup service shall request it online through the Returns section on the Web. Once your request has been confirmed, the courier service will contact the customer to specify the day and time of pickup.

You must deliver the goods in the same package that you received them and follow the instructions in the Returns section on the Web.

This service is not available for Ceuta, Melilla and the Canary Islands.

The change in size or the return of purchased products may also be carried out by regular mail to the following address:

FR LOGISTICA
Adress: Polígono Industrial Les Pinedes, Carretera de Granollers Hostalric, Km. 68,7
City/Zip Code: Hostalric 17450
Spain
Phone number: +34 902 48 09 02

In this case, SHANA recommends making the return shipping by certified mail or with return receipt requested.

The shipping costs of products to be exchanged or returned by post shall be borne by the customer. Under no circumstance will SHANA accept returns with postage due.

 

Refunds

Upon receipt of the product/s, SHANA will verify that they are in good condition and will send the required size if an exchange was requested or, in case of a return, will refund the corresponding amount by the same method of payment used in the purchase.

The deadline for the refund can range from 3 to 12 working days since the return is received by SHANA. Once the condition of the returned items has been verified, the customer will be informed via e-mail.

In case of exercising the right of withdrawal of the order, the maximum deadline for receiving a refund of the amount paid for the products shall be 14 calendar days since the withdrawal.

The refund of any returned items shall always be done in the same form of payment used in the purchase.

In the case that SHANA has mistakenly sent a different item than requested or that the quality of the item shipped is not adequate, SHANA, after verifying the error or defect, shall reimburse the amount of the returned item and the shipping expenses. In the event that an order with an error or defect is returned by regular mail, SHANA shall pay the return shipping as long as the customer includes a proof of the return expenses in the package. The refund for the shipping costs will be made subsequently to that of the articles.

To make a refund of any orders paid by bank transfer, the customer shall provide SHANA with an IBAN code in order to reimburse the corresponding amount.

 

Returns in the Canary Islands, Ceuta and Melilla

If you want to exchange or return a product that has been delivered to the Canary Islands, Ceuta or Melilla, you can do so by going to any SHANA store, as referred to in this clause. If this is not possible, please contact us at sac@shana.com to arrange with us or our representative the collection of the product by a courier service or to make the return at your own expense.

 

Returns of defective products

In circumstances where you consider, at the time of delivery, that the product does not conform to the terms of the contract, you should contact us immediately via our web form with details of the product as well as its damage.

You may return the product to us in any SHANA store located in Spain or by giving it to the courier service arranged by us that we will send to your address when requesting pickup. Please print and put the electronic ticket into the box provided by the courier.

We will proceed to carefully examine the returned product and notify you via e-mail within a reasonable period of time of your right to a replacement or refund (if any). The refund or replacement of the item shall be made as soon as possible and, in any case, within 14 days from the date on which we confirmed to you via e-mail that you were entitled to a refund or replacement for the non-conforming item.

Any amounts paid for products that are returned because of some defect, in case it actually exists, shall be refunded in full, including the costs incurred to deliver the item and the costs incurred by you to return it to us. The refund will be made in the same form of payment used to pay for the purchase.

In any case, all the rights recognized by the current law shall remain unaffected.

 

Further information and queries

For any information on the order or the characteristics of the products offered, as well as in case you want to inform about any incident or complaint, you as customer have a contact form at your disposal.

 

Applicable law and jurisdiction

These General Terms and Conditions are governed by and construed in accordance with Spanish law in those matters not expressly stated herein. The Parties undertake to try to resolve through negotiations in good faith any discrepancy and/or dispute that may arise in connection with this agreement.

In the event that an amiable agreement cannot be reached, the parties expressly and voluntarily submit to the courts of Barcelona to settle any dispute that may arise concerning the interpretation and enforcement of this contract, expressly excluding any other jurisdiction that might apply.

 

ANNEX – Model of withdrawal form

(only to be completed and submitted if you wish to withdraw from the contract)

 

Attn. SHANA RETAIL, S.L.

I hereby inform you that I withdraw from my contract of sale of the following goods ............................... Ordered on/received on ....................................

 

Customer name:

Customer address:

Customer signature (only if this form is submitted on paper):

Date: