Terms and conditions of use

Sybarit Box

Terms of service

This contractual document will govern the purchase of products and contracting of services through the sybaritbox.com website, owned by Sarigroc S.L., hereinafter the Provider, which offers the sale of food products, merchandising and services.

Browsing the Sarigroc S.L. implies the acceptance of this document by the User and that:

  • He has read, understands and are agree with this text.
  • Is a person of legal age and with sufficient capacity to contract.
  • Assume all the obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the Provider‘s website.

The Provider informs that the trade is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification. .

IDENTITY OF THE CONTRACTING PARTIES

On the one hand, the provider of the products purchased or services contracted by the User is Sarigroc SL., With registered office Carrer Suïssa, 9, 17250 Platja d’Aro (Girona), NIF B55370878 and with customer service telephone number: 722 14 78 52

And on the other, the User, registered on the website by means of a username and password, over which they have full responsibility for use and custody, and are responsible for the veracity of the personal data provided to the Provider.

OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship of sale created between the Provider and the User at the moment in which the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.

CONTRACTING PROCEDURE

The User, in order to access the services or products offered by the Provider, must freely and voluntarily provide the personal data that will be required during the purchase process, which will be treated in accordance with the provisions of the regulations in force in protection of personal data, Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and LOPDGDD 3/2018 of December 5 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and detailed in the Legal Notice and Privacy Policy of this website.

The Provider makes technical means available to Users to identify and correct errors in the introduction of data in the forms. In the shopping cart and forms in general, it will automatically validate that the data format is correct and the user will be given the option to correct them.

Once the order has been created, it is reported that in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following Steps:

  1. General contracting clauses.
  2. Shipment of orders.
  3. Right of withdrawal.
  4. Claims.
  5. Force majeure.
  6. Competition.
  7. Generalities of the offer.
  8. Price and term of validity of the offer.
  9. Transportation costs.
  10. Form of payment, expenses and discounts.
  11. Purchase process.
  12. Applicable warranties.
  13. Guarantees and returns.
  14. Access to the web, use and contents.
  15. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the Provider will imply acceptance by the User of these legal conditions. No stipulation made by the User may differ from those of the Provider if it has not been expressly accepted in advance and in writing by the Provider.

To place an order, you must follow the online purchase procedure and click on the acceptance of the
GENERAL PURCHASE CONDITIONS AND ON THE SECTION “ORDER WITH PAYMENT OBLIGATION”.

2. SENDING OF ORDERS

The Provider will not send any order until it has verified that the payment has been made.

Merchandise shipments will usually be made by COURIER (CORREOS EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the User.

The delivery dates or deadlines shall be understood as approximate, the delay not constituting essential non-compliance. In the event that the Provider has not made the delivery of the merchandise after 30 days from the agreed delivery date, the client will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby derives no liability for damages attributable to the Provider.

The delivery time is usually between 2 and 7 working days for orders with delivery in the Iberian Peninsula, depending on the destination population and the chosen form of payment. For orders destined outside the Iberian Peninsula or Spain please contact SYBARITBOX.COM. to confirm delivery dates. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.

The Provider will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the User is false, inaccurate or incomplete.

The delivery will be considered made at the moment in which the carrier has made the products available to the User and the User, or the latter’s delegate, has signed the delivery receipt document.

It is the responsibility of the User to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.

In the event that the contracting does not entail the physical delivery of any product, being these directly downloaded from the website, the Provider will inform the User in advance regarding the procedure to be followed to perform this download.

Shipping Rates

Peninsular Spain:

  • For orders from €0 to €49.99 – Transport cost: €6.50
  • For orders of €50.00 or more – Transport cost: Free

Spain Balearic Islands:

  • For orders from €0 to €49.99 – Transport cost: €9.50
  • For orders of €50.00 or more – Transport cost: Free

3. RIGHT OF WITHDRAWAL

The User has a period of fourteen calendar days, counted from the date of receipt of the product purchased in our online store, to return it if it does not meet their expectations (article 71 of Law 3/2014 of March 27 ). In case of withdrawal on your part, we will refund all payments received by you, including the initial shipping costs of your order.

On the other hand, in case of withdrawal, the User must bear the direct cost of the expenses generated by the return and shipment of the products to our establishment.

The right of withdrawal may not be applied in the following cases:

  1. If the product is not in perfect condition.
  2. If the product packaging is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it is prohibited.
  3. When the product is open without being able to show that it has not been used.
  4. In software applications that are directly downloaded through the portal.
  5. When they are personalized products or those, that for hygiene reasons or other legally foreseen exceptions, are not susceptible to this right.

To exercise their right of withdrawal, the User must send a request to the following address: info@sybaritbox.com

4. CLAIMS

Any claim that the User considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

  • Postal: Sarigroc S.L., Carrer Suïssa, 9, 17250 Platja d’Aro (Girona)
  • Telephone: 722 14 78 52
  • Mail: info@sybaritbox.com

Online dispute resolution (Online Dispute Resolution) In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the User and the Provider, without the need for recourse to the courts of justice, through the intervention of a third party, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not incur liability for any fault due to a major cause. Compliance with the obligation will be delayed until the cessation of force majeure.

6. COMPETITION

The User may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

The User declares to have read, know and accept these General Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the Provider will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of Sarigroc, S.L. or here stipulated will take effect, except for an express written agreement signed by the Provider, in this case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the products, the Provider reserves the right to modify its specifications regarding the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.

The prices applicable to each product are those published on the website and will be expressed in the Euro currency. The User assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices can change daily as long as the order is not placed.

Once the order is placed, the prices will be maintained whether there are products available or not.

Any payment made to the Provider entails the issuance of an invoice in the name of the registered USER or the business name that he has informed at the time of placing the order. This invoice will be sent in PDF to the email address provided by the User.

For any information about the order, the USER may contact through the Provider‘s customer service telephone number (722 14 78 52) or via email to the address info@sybaritbox.com

9. TRANSPORTATION COSTS

Prices do not include shipping or communication costs, or installation, or complementary services, unless expressly agreed in writing to the contrary.

The postage will be calculated at the time of saving the basket or budget, since they are calculated based on the amount of the purchase and the delivery address.

The maximum transport rate applied is as follows:

Peninsular Spain:

  • For orders from €0 to €49.99 – Transport cost: €6.50
  • For orders of €50.00 or more – Transport cost: Free

Spain Balearic Islands:

  • For orders from €0 to €49.99 – Transport cost: €9.50
  • For orders of €50.00 or more – Transport cost: Free

10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The Provider enables the following ways to pay for an order:

  • Credit card: no discounts or charges will be applied.
  • Any other form or method of payment must be agreed with the provider.

11. PURCHASE PROCESS

Basket (budget simulation)
Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment by both parties.

From the basket you can place an order by following the following steps for its correct formalization:

  1. Checking the billing information.
  2. Verification of the shipping address.
  3. Selection of the payment method.
  4. Acceptance of the Legal Conditions
  5. Select the box “Pay Now”

Once the order is processed, the system instantly sends an email to the Provider‘s management department.

Orders (purchase requests)
In a maximum of 72 hours, on working days, an email will be sent to the User confirming the order, as well as the status of the order and the approximate delivery time.

12. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise indicated in their description. All have a two-year warranty period, in accordance with the criteria and conditions described in 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.

13. GUARANTEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the sale of consumer goods:

I. Conformity of the products with the contract

1. Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, except that due to the circumstances of the case, any of them is not applicable:

  1. They conform to the description made by Sibaritbox.com.
  2. Are suitable for the uses to which products of the same type are ordinarily intended.
  3. They are suitable for any special use required by the client when it has been made known to Sarigroc S.L. at the time of the conclusion of the contract, provided that it has accepted that the product is suitable for this use.
  4. Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Sybaritbox.com.
  5. Sarigroc S.L. describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.

2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been carried out by Sarigroc S.L. or under its responsibility, or by the User when the defective installation is due to an error in the installation instructions.

3. The responsibility for lack of conformity that the User knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in materials supplied by the USER will not proceed.

II. Responsibility of the Provider

Sarigroc, S.L. will respond to the User for any lack of conformity that exists at the time of delivery of the product. Sarigroc, S.L. recognizes the User the right to repair the product, to replace it, to lower the price and to terminate the contract.

III. Repair and replacement of products

  1. If the product does not comply with the contract, the User may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the User communicates to Sarigroc, S.L. the chosen option, both parties must abide by. This decision of the User is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into compliance with the contract.
  2. Any form of reorganization imposed on Sarigroc, S.L. will be considered disproportionate. costs that, compared to the other form of remediation, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of remediation could be carried out without major inconveniences for the User.

IV. Rules for the repair or replacement of the product

Repair and replacement will conform to the following rules:

  1. They will be free for the User.
    This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
  2. They will be carried out within a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the User.
  3. The reparation suspends the calculation of the periods referred to in article VII. The suspension period will start from when the User makes the product available to Sarigroc, S.L. and it will conclude with the delivery to the User of the product already repaired. During the six months after delivery of the repaired product, Sarigroc, S.L. will be liable for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
  4. The replacement suspends the terms referred to in article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII shall apply to the substitute product.
  5. If the repair has been completed and the product has been delivered, it is still not in accordance with the contract, the User may demand its replacement, within the limits established in section 2 of article IV, or the price reduction or resolution of the contract in the terms of article V.
  6. If the replacement fails to bring the product into conformity with the contract, the User may demand the repair thereof, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract in the terms of articles V and VI.
  7. The User may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.

V. Price reduction and termination of the contract

The price reduction and the termination of the contract will proceed, at the User’s choice, when the Provider cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconveniences for the Provider. The resolution will not proceed when the lack of conformity is of little importance.

VI. Criteria for the price reduction

The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of delivery.

VII. Deadlines

  1. Sarigroc, S.L. Responsible for the lack of conformity that is manifested within a period of two months from delivery. In second-hand products, Sarigroc, S.L. and the USER may agree to a shorter period, which may not be less than one year from delivery.
    Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. .
  2. Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
  3. The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.
  4. The User must inform Sarigroc, S.L. of the lack of conformity within two months of being aware of it.

Unless proven otherwise, it will be understood that the User‘s communication has taken place within the established period.

VIII. Action against the producer

When the User finds it impossible or an excessive burden to contact Sarigroc, S.L. Due to the lack of conformity of the products with the sales contract, you may claim directly from the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for Sarigroc, SL, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products , in accordance with their nature and purpose and with the rules that regulate them.

Producer is understood to be the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such by indicating his name, trademark or other distinctive sign on the product.

Whoever has responded to the User will have a period of one year to repeat as responsible for the lack of conformity. This period is computed from the moment the cleanup was completed.

14. WEB ACCESS, USE AND CONTENTS

Sybaritbox undertakes not to allow any transaction that is illegal or considered by the credit card brands or the acquiring bank, that may damage their goodwill or negatively influence them.

The following activities are prohibited according to the programs of the card brands: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.

In addition, the following activities are also explicitly prohibited: “Sale of alcoholic beverages to children under the age of 18.

15. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established.

Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals that are competent in accordance with current legislation.