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.

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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 sectionMy returns in My accountand 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)


FRANCE

FESTINA FRANCE SAS
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


GERMANY

FESTINA UHREN GMBH
INDUSTRIESTRASSE 4
83404 AINRING
GERMANY


BENELUX

FESTINA LOTUS BELGIUM NV
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

Products purchased at FESTINA.COM enjoy the Legal Guarantee of TWO (2) years established by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws in accordance with the provisions of Directive 98/27 / CE of the European Parliament and of the Council, of May 19, 1998

To invoke the Legal Guarantee, it will be essential to present a ticket or invoice for any claim or request for exchange and / or return.

Additionally, FESTINA.COM clients benefit from the commercial guarantee given by the different manufacturers of each of the items, in cases where it is for a longer period.

To invoke the Commercial Guarantee before the manufacturer, it will also be necessary to provide the International Guarantee Certificate stamped by the establishment.

Defects or damage due to improper use, use or handling of the material or wear caused by normal use of the same, are not included in this warranty.

Losses in the functionality of the items, due to their design limitations, are also excluded from the coverage of this warranty.

Any repair, payment or replacement will be carried out within a maximum period of 3 months. In the event that it is technically impossible to determine in our after-sales service whether a defect or damage comes from manufacturing or incorrect use, the item will be sent to the manufacturer, so that its Technical Assistance Service (SAT) can determine the cause of the deterioration. and determine whether or not warranty coverage applies.

Attention : If upon receipt of the order, before the product is used, you find a defect or failure in what was received, you will have to contact us through theCustomer Support. We will ask you for a photo of the defect and we will take care of collecting the product, once we receive it, we will proceed to the change or replacement immediately or in the case of not being possible to return the money.

For any repair service, not covered by the warranty , a deposit slip and a budget will be issued by the official SAT of each mark, indicating the amount of the repair which must be subject to prior acceptance. Likewise, any variation in it will be previously communicated for confirmation.

Attention : Shipping to the repair center is at the customer's expense. Return shipping is free if the product is covered by warranty. Return shipping is also free if the repair is not covered by warranty and you decide not to accept the repair estimate.

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:

www.corporate-ethicline.com/festina .

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 /