Legal terms and conditions
1.- IDENTIFICATION DATA
General Legal Notice
These general terms and conditions of sale comprehensively regulate all purchase transactions and other services that can be offered, provided or performed from the online store located on the website festina.com of the which is the owner of FESTINA LOTUS SA (“Hereinafter FESTINA”) with CIF nº A08663684, with registered office at C / Velazquez nº 150 3º 1ª 28002 of MADRID (MADRID) and registered in the Mercantile Registry of Madrid, Sheet M-515523 Volume 28627 Folio 51 with intracommunity VAT number ESA08663684 and with telephone contact: (34) 915401291, fax: (34) 915598116, e-mail: info@festina.com
2. TERRITORIAL AND PERSONAL SCOPE
Regardless of where the purchases are made, the items offered through this website are only available for shipment to:
- Spain: (Except Canary Islands, Ceuta and Melilla)
- France: Except the Overseas Departments (Guadeloupe, Guyana, Martinique, Reunion and Mayotte))
- Italy: Except Livigno, Campione d'Italia and Italian waters of Lake Lugano
- Germany: Except Heligoland Island, and Büsingenn Territory
- Benelux: (Belgium, Holland and Luxembourg)
The FESTINA.COM web store carries out only and exclusively retail sales to final consumers excluding sales to companies and / or professionals.
For any purchase for resale purposes, it will be necessary to contact those responsible for the FESTINA wholesale channel. Purchase orders made on the website for an amount greater than ONE THOUSAND FIVE HUNDRED (1500) EUROS may be suspended until FESTINA obtains additional information from the client on the nature of the transaction, being liable to be canceled if it is finally established that they respond to purchases for resale purposes.
3.-. ORDERS
Product offer
The Products for sale are those available at the time of order confirmation by FESTINA.
FESTINA reserves the right to modify its offer at any time by adding new Products or eliminating others.
The Products are presented in accordance with legal recommendations and in the most precise way possible, FESTINA reserving the right to modify, at any time, their presentation.
The photographs of the products are presented for descriptive and indicative purposes, lacking any contractual value. 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 represented on the web. An exact representation of the Products on the web cannot be guaranteed due, in particular, to the differences in the finish of the colors in the computer programs for Internet browsing and / or on the screens of the devices.
Order fulfillment
Orders can be made 365 days a year, at any time, except at times when the service is suspended for maintenance or other commercial circumstances and / or force majeure.
All orders will be considered purchase offers subject to these terms and conditions. FESTINA reserves the right to accept them if the requirements set forth therein are not met.
Once an order is placed, the system automatically generates a receipt of the order. However, this confirmation does not imply the automatic acceptance of the order, since FESTINA reserves the right to collect additional information, including that related to identity and address, to guarantee both a correct delivery of the order, and to ensure the non-existence of fraud related to 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 Client has the opportunity to verify the details of their order and its final price, being able to introduce changes before the final acceptance of the same.
Orders sent to FESTINA by mail, fax or any other means other than those indicated will not be taken into account.
Order validation
The order is firm and valid, for the Client, from the moment that FESTINA confirms it, after validating the payment and notifying the Client of the processing of the order. FESTINA will send by email, as soon as possible, an order confirmation with the substantial elements thereof (order number, Products ordered, place of delivery, etc.).
All orders for Products are subject to their availability. In the absence of availability of one or more Products ordered, supply difficulties or lack of stock, FESTINA undertakes to contact the Customer by email as soon as possible, informing him of the existence of any other substitute Product of the same quality. and value.
In the event that the Product replacement offer is rejected or is not possible, the user will have the option of waiting until the product is available or canceling the order. FESTINA will reimburse the amounts that, if applicable, have been wrongly paid.
4.-. SHIPPING
The FESTINA web store only makes shipments within the territorial scope defined in these terms and conditions without prejudice to reserving the right to reduce or expand this at any time.
When the Client places the order, the method and cost of delivery are indicated. The delivery costs are specified before the purchase confirmation, detailing the place of delivery, and the service that the Customer can choose.
Shipments to Spain:
There are the following modalities:
Home delivery: Standard Shipping 24/48 hours. Shipping cost € 5.95.
Pickup at UPS Access Point: Standard Shipping 24/48 hours. UPS Access Point collection € 3.95
Free shipping * on orders over € 79 (VAT included) for Standard Shipping 24/48 hours.
-Shipments to France:
There are the following modalities:
- Home delivery: Standard Shipping 2 to 3 days. Cost of postage € 8.05.
- Pickup at UPS Acces Point: Standard Shipping 2 to 3 days. UPS Access Point collection € 5.95
Free shipping * on orders over 99 € (VAT included) for Standard Shipping 2 to 3 days
-Shipments to Italy:
There are the following modalities:
- Home delivery: Standard Shipping 2 to 3 days. Shipping cost € 6.95.
- Pickup at UPS Acces Point: Standard Shipping 2 to 3 days. UPS Access Point collection € 5.95
Free shipping * on orders over 129 € (VAT included) for Standard Shipping 2 to 3 days
Shipping to Germany:
There are the following modalities:
- Home delivery: Standard Shipping 2 to 3 days. Shipping cost € 6.90.
- Pickup at UPS Acces Point: Standard Shipping 2 to 3 days. UPS Access Point collection € 7.95
Free shipping * on orders over 129 € (VAT included) for Standard Shipping 2 to 3 days
-Shipments to Belgium, Holland and Luxembourg (BENELUX):
There are the following modalities:
- Home delivery: Standard Shipping 2 to 3 days. Cost of postage € 8.95.
- Pickup at UPS Acces Point: Standard Shipping 2 to 3 days. UPS Access Point collection € 5.95
Free shipping * on orders over € 129 (VAT included) for Standard Shipping 2 to 3 days
On specific dates such as Christmas, Kings, long weekends or special promotions (Black Friday, Cyber Monday ...), it is not guaranteed that the delivery will be made on time, due to the volume of merchandise from transport agencies. < / p>
FESTINA reserves the right to modify delivery times and the type of shipment without prior notice in special cases.
In no case will shipments be made to PO boxes.
CANCELLATIONS: Orders that are confirmed and in the preparation phase cannot be canceled
It will be considered that the delivery of the product / s has occurred at the moment in which the user or a third party indicated by him acquires his material possession. In case of delivery of multiple goods ordered by the consumer and user in the same order and delivered separately, on the day that the consumer or a third party indicated by him, other than the carrier, acquires material possession of the last of the goods.
The approximate delivery time for orders is indicated on the page or, in any case, it will not exceed 30 days from the date of order confirmation.
In the event that, exceptionally, the delivery date cannot be met, the user will be informed of this circumstance and will be offered the option to proceed with the purchase setting a new delivery date or the possibility of canceling the order 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 you can collect the shipment at the place and within the time limits indicated.
Once the period has elapsed without the collection taking place, the shipment will be returned to FESTINA, corresponding to the consumer to contact the Customer Service for a possible re-dispatch at the buyer'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, counting from the delivery date of the order, to return it. Thus, the buyer has the right to withdrawal of his purchase within a period of 14 calendar days from receipt of the order as long as it is communicated within said period, directly by the usual means of contact published on our website or by attaching the following form:
Items that are not suitable for return for reasons of health or hygiene protection (pending etc.) are excepted from the right of withdrawal provided they have been removed from their original packaging. Also exceptions are those articles that have been personalized or modified at the customer's request.
Ways to return or exchange:
Return the product remotely, for this you must access the section My returns in My account and follow the steps indicated in that section.
Returns must be sent to the following address (es), according to the customer's country of residence:
SPAIN:
Duran i Jorda Street No. 4-6
08960 Sant Just Desvern
Barcelona, Spain)
08960 Sant Just Desvern
Barcelona, Spain)
FRANCE
FESTINA FRANCE SAS
1 RUE AUGUST JOUCHOUX
25042 BESANÇON
1 RUE AUGUST JOUCHOUX
25042 BESANÇON
ITALY
FESTINA ITALIA, S.R.L
VIALE RICHARD 1 TORRE B / PIANO 13-CO NSEGNA AL PIANO
20143 MILANO
ITALY
VIALE RICHARD 1 TORRE B / PIANO 13-CO NSEGNA AL PIANO
20143 MILANO
ITALY
GERMANY
FESTINA UHREN GMBH
INDUSTRIESTRASSE 4
83404 AINRING
GERMANY
INDUSTRIESTRASSE 4
83404 AINRING
GERMANY
BENELUX
FESTINA LOTUS BELGIUM NV
HAASRODE RESEARCH PARK
GELDENAAKSEBAAN 476
BELGIUM
HAASRODE RESEARCH PARK
GELDENAAKSEBAAN 476
BELGIUM
Terms of delivery:
You must send us the product in perfect condition , unused and in its original packaging, including warranties, labels and instructions for use.
It is very important that you return the products perfectly packed to us. In the event that the products are damaged due to improper packaging, we will not accept returns.
Consequences of withdrawal:
The sending of the return to our warehouse is the responsibility of the customer, but in the event of change , you will not have to pay the shipping costs for the new order.
Once the merchandise has been received in our warehouses and verified that all the above conditions are met, FESTINA will accept the return of the product and will proceed to refund of the amount according to the payment method made, and where appropriate, the shipment of the new product:
If the payment was made through credit card or PayPal, the amount will be paid to the same credit card or PayPal account.
Note: The refund of the amount will be made within a maximum period of 14 days from the receipt of the exchange or return product in our warehouse.
Notwithstanding the foregoing, FESTINA may withhold the reimbursement until the goods have been received, or until the customer has submitted proof of their return, depending on which condition is met first.
Keep in mind that if you paid by credit card, it is likely that your bank will not show the amount of the refund in your balance until the following month.
FESTINA.com does not accept postage due , if you have any questions, please contact Attentionalcliente@festina.com
6.- PAYMENT FORMS
The system will automatically show the payment methods available for your order. Check here the details and availability of each of the payment methods that our system supports:
- Credit or debit card
- Paypal
Credit or debit card
We guarantee that each of the transactions made on FESTINA.com is 100% secure. All operations that involve the transmission of personal or banking data are carried out using a secure environment. FESTINA uses a server based on standard security technology SSL (Secure Socked Layer) . All the information that you transmit to us travels encrypted through the network.
Likewise, the data on your credit card are not registered in any database but go directly to the POS (Bank's Point of Sale Terminal).
In an effort to provide greater security to credit card owners, we have incorporated into our payment gateway the secure payment system called CES (Secure Electronic Commerce) . In this way, if you are the holder of a "secure" card always you can make card payments in our store.
In both cases, when paying with a card, the following information will always be requested: the card number, the expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your card, offering, in this way, more guarantees about the security of the transaction.
If you have not yet received a personal password for exclusive use for Internet payments, we advise you to ask your financial institution to add your cards to the Secure Electronic Commerce service. For this you can contact your bank.
Attention : Credit card fraud is a crime, and FESTINA will take the pertinent legal actions against anyone who carries out a fraudulent transaction in our online store.
Paypal
PayPal enables consumers with email to send payments over the Internet safely, conveniently, and profitably. 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 specially designed for those who are not satisfied with traditional payment mechanisms.
For more information you can visit the website Paypal
7.- GUARANTEE
The products purchased on this website are covered by the corresponding legal guarantee, established by current legislation.
In this regard, FESTINA, as the seller, is liable for any lack of conformity of the product that exists at the time of delivery, in accordance with the provisions of Directive (EU) 2019/771 and the integration of this Directive by the various EU Member States in their own legal systems, taking into account, where applicable, the consumer`s country of habitual residence, as established in the Rome Convention 80/934/EEC on applicable law.
Click on each icon for more information regarding the legal guarantee in force in each EU state
In order to invoke the Legal guarantee, it is essential to present a receipt or invoice for any claim or request for exchange and/or return.
In addition, customers can benefit from the TWO (2) year International Commercial Warranty provided by FESTINA, as producer or manufacturer.
Important: The commercial warranty is without prejudice to the legal guarantee and other rights of the purchaser and/or consumer under national law, which always take precedence.
8.- PRICES
The prices of the Products appear in euros. Taxes related to the sale of Products are included, including VAT. Unless otherwise indicated, the prices presented do not include preparation and shipping costs, which will be duly detailed prior to the confirmation of the order by the Client.
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 will apply.
The prices displayed on FESTINA.com may be reviewed and modified if the conditions require it at any time.
Products on offer or promotion
All the products that FESTINA.com promotes at a special price will be displayed on the web with the following information: offer price, usual price, discount percentage and end date of the offer or promotion. These offers will be available until the date indicated, except while stocks last, in which case the product will automatically disappear from the web.
The offers cannot be combined with other offers, packs, discounts or special promotions in force. The offer with the highest discount will always apply.
Any pack is considered a special promotion and is not subject to any other discount.
9.- INTELLECTUAL PROPERTY and INDUSTRIAL PROPERTY
Intellectual property of the contents of the web
All the intellectual property rights of the contents of this web page such as texts, graphics, photographs, logos, icons, images, graphic design, source code, applications, video, audio, etc., are the exclusive property of FESTINA corresponding to the exclusive exercise of the rights to exploit them.
Any use, which involves copying, reproduction, distribution, transformation, public communication or any other similar action, of all or part of the contents of the website, as well as of this website, is reserved exclusively for FESTINA. so no user can carry out these actions without the prior written authorization of FESTINA
The user must not misuse the website by intentionally introducing viruses, or any material that may be harmful or damaging. The user will not try to have unauthorized access to this website, the server on which it is hosted or any server or database related to this website.
In case of non-compliance by the user of this clause, FESTINA will be obliged to inform the competent authorities because such non-compliance could be associated with the commission of infractions typified in the applicable regulations.
Industrial property of trademarks and distinctive signs
All trade names, brands or different signs of any kind contained in this web site are protected by law, with FESTINA being either their owner or the holder of legitimate rights over them.
10.- RESPONSIBILITY
FESTINA is responsible for the fulfillment of its own, legal and contractual obligations, consequent to the execution of these terms and conditions. In return, the user is responsible for compliance with theirs, in the same terms.
To the extent that FESTINA suffers any damage as a result of the actions and / or omissions of third parties related to these terms and conditions, it reserves the right to take the corresponding actions against them.
FESTINA is not responsible for any breach or delay in the fulfillment of any of the obligations assumed, when said breaches are due to events beyond the reasonable control of the company.
Among the cases that are beyond reasonable control by FESTINA are (the following list is not exhaustive):
- a. Strikes, lockouts or other protest measures.
- b. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
- c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- d. Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
- e. Impossibility of using public or private telecommunications systems.
- f. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- g. Any security intrusion (virus, computer attacks, etc.) that compromises the service or the security of the users.
- h. Technical and operational reasons that make it necessary to suspend or temporarily cancel the service.
In the event that any of the causes that give rise to a Force Majeure situation occurs, there will be an extension period in the term for the fulfillment of the obligations of duration equal to the duration of the Force Majeure Cause.
Technical aspects
FESTINA. does not assume 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 network, as well as damages that could be caused by third parties through illegitimate interference outside the control of FESTINA.
We are also exonerated from all responsibility for possible damages or losses that the user may suffer as a result of errors, defects or omissions in the information that we provide when it comes from sources outside of us.
The connection to the web is made under the responsibility of the user. FESTINA declines all responsibility that has to do with the internet connection and the telecommunications network in general. The only person responsible for the protection of your computer and the applications and data installed or stored in it, is the user, who must take the necessary measures for their defense and protection.
FESTINA's computer systems will store the computerized records of orders, electronic communications inherent to them, and billing, constituting means of proof of their reality, and content, in accordance with the provisions of Law 34/2002, of July 11, services of the information society and electronic commerce, and other applicable regulations.
Web content and links
FESTINA. is not responsible for the misuse of the contents of its website, being the sole responsibility of the person who accesses or uses them.
Nor does it assume any responsibility for the information contained in the web pages of third parties that can be accessed by links or search engines from the web page www.festina.com
Exchange or dissemination of information
FESTINA declines all responsibility derived 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 case the content accessed may hurt their sensitivity.
Updating and modification of the website
FESTINA reserves the right to update, modify or delete the information contained in its web site, and its configuration or presentation, at any time, without prior notice, and without assuming any responsibility for it.
Typographical errors
FESTINA is not responsible for typographical errors in prices, promotions, offers, promotional gift cards or promotional conditions in general.
In the event that at any time an error of this type occurs, at all times beyond the control of FESTINA, it will be corrected immediately.
If there is a typographical error in any of the prices or promotions shown and a client has made a purchase decision based on said error, we will notify him of said error and the client will have the right to cancel his purchase at no cost on his part.
10.- PRIVACY
In compliance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, FESTINA informs its clients that how much personal data they provide will be included in a file automated personal data, created and maintained under the responsibility of FESTINA LOTUS SA as responsible for the file.
Access to the pages through which the FESTINA client consults personal data, requests additional information or contracts any of the products on offer is always done through a secure line.
FESTINA guarantees the security and confidentiality of the data provided. In this way, it undertakes to comply with its obligation of secrecy of personal data and its duty to keep them and adopt all necessary measures to avoid their alteration, loss, treatment or unauthorized use.
The interested parties can exercise their rights of access, rectification, deletion, portability, limitation and opposition to the treatment or any other that the applicable regulations recognize, proving their identity by means of a request indicating the reference "Protection of personal data" and addressed to:
Postal mail:
C / Velazquez nº 150 3º 1ª 28002 (Madrid)
Electronic communication:
Data Protection Officer:
If you consider that the company has not processed your personal data in accordance with the applicable regulations or that you have not obtained satisfaction in the exercise of your rights, you may file a claim with the Spanish Agency for Data Protection ( www.agpd.es ).
Check ourPrivacy Policyand our Cookies policy.
12.- GENERAL
Partial disability
Although one or more stipulations of these terms and conditions are declared invalid by virtue of a law, a regulation or as a result of a final decision of a competent jurisdiction, the rest of the stipulations will retain all their validity and scope of application.
Absence of resignation
The fact that one of the parties has not demanded the application of any clause of these terms and conditions, either permanently or temporarily, cannot in any case be considered as a waiver of rights
Modifications
FESTINA reserves the right to modify these Terms and Conditions. Any new version of these will be published in the web space.
The version of the terms and conditions available on the Site at the time of placing the order will prevail, to regulate this, over any other version of the terms and conditions
Integrity
These terms and conditions and the order summary transmitted to the Client form a contractual set and constitute the integrity of the contractual relationships established between the parties.
13.- JURISDICTION AND APPLICABLE LAW
Legislation and jurisdiction
These general terms and conditions will be interpreted and applied in accordance with current Spanish legislation, without prejudice to other mandatory rules that may be preferentially applied.
In case of conflict, the Courts and Tribunals that the Spanish legal system may provide at all times will be competent, where appropriate, objectively, functionally and territorially.
Online dispute resolution platform
Without prejudice to the provisions of the previous section, for alternative dispute resolution in consumer matters in the EU area, (Online dispute resolution in consumer matters pursuant to Art. 14.1 of EU Regulation 524/2013), FESTINA communicates that it is attached to the online dispute resolution platform that is available at the following link: https: // ec .europa.eu / consumers / odr /
