These Sales Terms and Conditions (hereinafter “Sales Terms and Conditions”) govern the agreement between the customer (“customer) and FRANCO AUSTRAL, S.L. (hereinafter “SURKANA”), with address at Calle Zamora 103 Ático 1ª, 08018 Barcelona and registered in the Barcelona Business Register under the following: Book 161, Volume 27701, Sheet B-121023, Entry 1 and CIF B-60705464, formalized through the www.surkana.com/shop/ website (the “website”) for the purpose of the Customer’s purchase of SURKANA products.
In order to place an order through the website, the Customer must be of legal age (18 years or older) and must be the end customer. Minors are expressly prohibited.
Follow these steps to place an order through the SURKANA website:
1. Select the products you want and add them to “My cart” using the “Add to my cart” button.
2. Finalize your purchase by clicking on “See cart” and then “Check-out” if the order is complete.
3. Customers without an account must create one at this time. Customers with an account only need to enter their username and password to confirm your purchase.
4. Choose the shipping method you want and click “Continue”.
5. Choose the payment method you prefer and click “Proceed to payment”.
6. Pay for the order. If payment is authorized, the customer will see that the purchase is confirmed and an email will be automatically sent to you with your order information.
7. The purchase is finalized and the SURKANA warehouse begins to process the order.
SURKANAreserves the right to modify the Sales Terms and Conditions at any time, without giving the customer prior notice. However, SURKANA will announce this change if an order is canceled due to unavailable products and SURKANA will refund (if applicable) the order amount. Shipping costs are never refunded, except in the circumstances described in the Returns section. Once the customer has received confirmation of their purchase from SURKANA, the applicable Sales Terms and Conditions cannot be modified.
Placing an order through the website is subject to the availability of the garments. SURKANA aims to guarantee that all garments for sale on its website are in stock.
If the product ordered is unavailable or out of stock, an email will be sent to the customer and the amount paid will be refunded with 30 days of payment receipt.
Right of SURKANA to cancel or reject an order
SURKANA reserves the right to reject or cancel any confirmed order for the following reasons:
a) A technical or price error occurred on the website when the order was placed.
b) The product ordered is unavailable.
c) The payment information provided was incorrect or unverifiable.
d) Security systems indicate that the order is abnormal or may be fraudulent.
e) There are reasons that indicate that the customer is a minor (under 18 years of age).
f) SURKANA has not been able, after three attempts, to deliver the order to the address provided.
If an order is canceled for any of the above reasons, SURKANA will reimburse the order amount and the shipping costs paid, except for the failed deliveries detailed in point “f”.
Before processing a customer order, SURKANA may verify the customer’s data: address, creditworthiness and if the customer is involved in any cases of fraud. In terms of possible fraud, SURKANA may use a partially automatic verification system for all purchases to filter those that are considered abnormal or suspected of fraud. The relevant authorities may be notified in the event an order suspected of fraud is detected, and legal action may be taken.
PRICE AND PAYMENT
Prices and currency
The prices and offers presented on the website include VAT (Value Added Tax) and are only valid for orders placed online. These prices and offers may not be the same as those available at SURKANA stores around the world. Prices are in euros.
Customers can use the following credit or debit cards to pay for orders: Visa, Visa Electron, MasterCard and American Express.
The card will be charged once the order is confirmed.
The prices that appear on the website may be subject to change. SURKANA reserves the right to change prices without prior notice. However, prices cannot be changed after customer payment has been confirmed.
SURKANA informs you that, in spite of our meticulous efforts to update the prices on the website, these prices may contain errors. All pricing errors will be immediately corrected and the prices will not be binding for SURKANA.
Value Added Tax
In order to comply with the applicable VAT according to the regulations on online and distance selling, deliveries will be made in the Member State that appears in the delivery address.
Therefore, all purchases made through the website will be subject to VAT.
Where and when
Deliveries are made Monday through 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 office hours. To facilitate deliveries, customers are asked to use their work address or other address where there is someone available to sign for the package.
Orders are usually delivered in 3 to 5 business days. Most orders are delivered on time, and although SURKANA cannot guarantee punctuality, all orders are delivered within a maximum period of 30 days after order confirmation.
Verification at reception
The customer must verify the condition of the merchandise upon receipt. If the packaging is damaged, the customer must not accept delivery. SURKANA informs customers that the delivery must be verified within a reasonable period of time after receipt. Should no communication about a refused delivery be received within 30 days of delivery, SURKANA will consider that the customer has accepted the same. This does not affect the rights that legislation provides customers in terms of warrantees.
Shipping costs apply to each order. Under no circumstances will orders be sent to addresses outside Spanish territory.
The delivery fee is 3€. Shipping is free for purchases over € 50.
Returning defective products
The customer has the right to return defective or incorrect products. The customer has seven (7) days from delivery to inform SURKANA about any defects or non-conformities and return of the product to SURKANA.
If the customer returns the product because it is defective, SURKANA will refund the value of the product and shipping costs, in addition to the direct costs of the return, within a maximum of thirty (30) days from the receipt by SURKANA of the product.
Returning products for any reason (Right of cancellation)
If the customer is unsatisfied with the products purchased, for whatever reason, he or she has 30 days from the date of delivery to return the product. The customer may return the purchased product provided that:
The product has not been washed or used in any way.
The product is complete (products sold in a pair must be returned together).
The customer must return the product and assume the return shipping costs. The products must be returned in their original packaging and labels along with the relevant return note. Only one return can be processed for each order. SURKANA will carry out the pertinent inspection of the merchandise returned. SURKANA will reimburse the Client for the price of the product within a maximum of thirty (30) days after receiving the notification of return of the product. The client must also assume the return costs.
Should the product returned have been purchased through a special offer related to quantities (3x2, second item half off, etc.) the special offer will considered void and full price will be charged for the discounted products.
Products cannot be exchanged. To get a product in another color or size, the customer must return the original item and place a new order through the SURKANA website.
Information about refunds
The refunded amount is credited back using the original payment method.
SURKANA will not proceed with any refund until the product being returned is received and its conditioned verified; once the product has been verified, the customer will receive a refund for the relevant amount within a maximum of thirty (30) days after SURKANA receives the product.
VALIDITY OF OFFERS ("PROMOTIONAL OFFERS")
The promotional offers advertised on the website to boost sales of certain products are only valid as long as they appear on the website, unless otherwise specified therein.
These Sales Terms and Conditions set forth the all obligations and responsibilities SURKANA has in terms of product supply. There are no warrantees, conditions or other terms that are binding for SURKANA, except those that are expressly mentioned in the Sales Terms and Conditions.
Nothing contained in these Sales Terms and Conditions limits or excludes the liability of SURKANA against (I) death or personal injury caused by the negligence of SURKANA, (II) fraud, (III) any breach of obligations under applicable national laws, and (IV) any liable that cannot be excluded by law.
Purchases made through the SURKANA website and under these Sales Terms and Conditions are subject to Spanish legislation.
Any dispute or discrepancy arising from the application or interpretation of the Sales Terms and Conditions, as well as the contracts it includes, will be resolved by the exclusive jurisdiction of the courts of Barcelona, Spain. However, if the customer is considered a consumer under the Spanish Law for the Defense of Consumers and Users, the competent courts will be those in the consumer’s place of residence in Spain.
For any questions or issues regarding the order, the customer can contact SURKANA:
By calling +34 93 300 16 17 from 9:00 a.m. to 5:00 p.m. Monday to Thursday and 9:00 a.m. to 2:00 p.m. on Fridays (except local and national holidays).
Through the Contact Us section of the website.
By sending an email to firstname.lastname@example.org
For more detailed information on returns, please see the SURKANA Returns section and carefully follow the instructions.