The ownership of this website, www.cantolusitano.eu (hereinafter referred to as the Website), is held by: Erico Antonio Marques C. Alferes, with Tax ID Number: Y9324207K, and whose contact details are:
Address: Avinguda de Barcelona, 105, 2nd floor, door 4
08970 Sant Joan Despi – Barcelona
Contact telephone number: +34 629 408 763
Contact email address: erico.alferes@cantolusitano.eu
This document (as well as any other documents mentioned herein) regulates the conditions governing the use of this Website (www.cantolusitano.eu) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by CANTO LUSITANO through the Website includes:
In addition to reading these Terms and Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Terms and Conditions of Use, including CANTO LUSITANO’s cookie policy and privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all of the above, so if you do not agree with all of them, you should not use this Website.
Likewise, we inform you that these Terms and Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, as those that are in force at the time of requesting the purchase of products and/or services will be applicable.
For any questions the User may have regarding the Conditions, they may contact the owner using the contact details provided above or, where applicable, using the contact form.
Access, browsing and use of the Website confers the status of user (hereinafter referred to, interchangeably, individually as User or jointly as Users), and therefore, from the moment you start browsing the Website, you accept all the Conditions set out herein, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with, as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may, at their discretion, enter into a contract with CANTO LUSITANO for the purchase of the desired products and/or services in any of the languages in which these Terms and Conditions are available on this Website.
Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure at www.cantolusitano.eu, during which various products and/or services may be selected and added to the shopping cart, basket or final purchase space and, finally, click on ‘Place Order / Buy with G Pay / Pay with PayPal / By with KLARNA’.
Likewise, the User must complete and/or verify the information requested at each step, although during the purchase process, before making payment, the purchase details may be modified.
The User will then receive an email confirming that CANTO LUSITANO has received their order or request to purchase and/or provide the service, i.e. the order confirmation. Where applicable, they will also be informed by email when their purchase is dispatched. Where applicable, this information may also be made available to the User through their personal account on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where applicable, through their personal account on the Website. Likewise, the User may, if they so wish, obtain a paper copy of their invoice by requesting it from CANTO LUSITANO using the contact details provided on the Website or via the contact details provided above.
The User acknowledges that they are aware, at the time of purchase, of certain specific conditions of sale relating to the product and/or service in question, which are displayed alongside the presentation or, where applicable, image of the product on the Website, indicating, by way of example, but not limited to, and depending on each case: name, price, components, weight, quantity, colour, product details or characteristics, method of delivery and/or cost of services; and acknowledges that placing the purchase order or making the purchase constitutes full and complete acceptance of the specific conditions of sale applicable in each case.
Unless expressly stated otherwise, CANTO LUSITANO is not the manufacturer of the products sold or that may be marketed on the Website. Although CANTO LUSITANO makes every effort to ensure that the information displayed on the Website is correct, on occasion the packaging and/or materials and/or components of the products may contain additional information or information that differs from that displayed on the Website. Therefore, the User should not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.
Communications, purchase orders and payments involved in transactions carried out on the Website may be filed and stored in CANTO LUSITANO’s computerised records for the purpose of providing proof of the transactions, in all cases in accordance with reasonable security conditions and the laws and regulations applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.
All purchase orders received by CANTO LUSITANO through the Website are subject to product availability and/or to no circumstances or causes of force majeure (clause nine of these Terms and Conditions) affecting the supply of the products and/or the provision of the services. If there are difficulties in supplying the products or if there are no products left in stock, CANTO LUSITANO undertakes to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes impossible.
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by law, particularly with regard to VAT.
However, unless otherwise specified, the prices of the items offered do not include shipping costs, which may be incurred and will be added to the total amount due at the time the User processes the shipping procedure, where the User will consult the available shipping methods and costs and freely choose the one that best suits them.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, except for those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods are: Credit or debit card, and PayPal.
Likewise, the User may pay all or part of the purchase price with a gift card and/or a subscription card issued by CANTO LUSITANO and/or Erico Antonio Marques C. Alferes.
CANTO LUSITANO uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to verification and authorisation by the issuing bank. If the bank does not authorise payment, CANTO LUSITANO will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.
Once CANTO LUSITANO receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service provided is sent to the User in the manner and, where applicable, at the place established.
If the payment method is PayPal, gift card or credit card, the charge will be made when CANTO LUSITANO sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on ‘Place Order / Buy with G Pay / Pay with PayPal / By with KLARNA’, the User confirms that the payment method used is theirs, or that, where applicable, they are the legitimate holder of the gift card or store card.
In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe.
Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, circumstances arising from the customisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the delivery method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If, for any reason attributable to CANTO LUSITANO, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange for it to be delivered again.
If the User will not be at the delivery location during the agreed time slot, they must contact CANTO LUSITANO to arrange delivery on another day.
If 30 days have elapsed since your order was available for delivery and it has not been delivered for reasons not attributable to CANTO LUSITANO, CANTO LUSITANO will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for any additional costs resulting from the User’s choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that transport arising from the resolution may incur an additional cost that may be passed on to them.
For the purposes of these Terms and Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment when the User or a third party designated by the User acquires physical possession of the products, which shall be evidenced by signing the order receipt at the agreed delivery address.
Any risks arising from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when CANTO LUSITANO receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after CANTO LUSITANO has received the full amount payable.
In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory where Spanish VAT is applicable if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the rate legally in force at any given time, depending on the specific item in question.
In the same vein, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for the purposes of delivery and/or provision, in the Member State of the European Union in which the address indicated on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
Orders shipped to the Canary Islands, Ceuta, and Melilla are exempt from VAT in accordance with Law 37/1992 and Directive 2006/112, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories. The User must bear in mind that in these territories there may be situations in which taxes and customs duties are applied and payable at destination, in accordance with current regulations, and that these may be payable by the User.
For all other locations, other than those mentioned above, where purchase orders are located for delivery and/or provision, the regulations in force at the time shall apply; the User must bear in mind that this could result in the application and accrual of taxes and customs duties at the destination, in accordance with the regulations in force at the destination, and that these could be borne by the User. For further information, the User should contact the customs office at the destination.
Users are hereby informed that if they detect an error when entering the data necessary to process their purchase request on the Website, they may modify such data by contacting CANTO LUSITANO through the contact channels provided on the Website, and, where applicable, through those provided for contacting customer service, and/or using the contact details provided in clause one (General information). Likewise, this information may also be corrected by the User through their personal account on the Website.
In any case, before clicking on ‘Place Order / Buy with G Pay / Pay with PayPal / By with KLARNA’, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Similarly, Users are referred to the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for further information on how to exercise their right of rectification in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights.
In cases where the User purchases products on or through the Website of the owner, they are entitled to a series of rights, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from said purchase within 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired physical possession of the goods purchased on the CANTO LUSITANO Website or, in the event that the goods comprising the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired physical possession of the last of those goods comprising the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.
To exercise this right of withdrawal, the User must notify CANTO LUSITANO of their decision. They may do so, where applicable, through the contact channels provided on the Website or through:
Erico Marques Alferes
Avigunda de Barcelona, 105, 2nd floor, door 4
08970 Sant Joan Despi – Barcelona
Tel: +34 629 408 763
info@cantolusitano.eu
Regardless of the means chosen to communicate their decision, Users must clearly and unequivocally state that it is their intention to withdraw from the purchase contract. In any case, Users may use the withdrawal form provided by CANTO LUSITANO as an annex to these Terms and Conditions, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication expressing the unequivocal decision to withdraw to be sent before the expiry of the relevant period.
In the event of withdrawal, CANTO LUSITANO will refund the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which CANTO LUSITANO is informed of the User’s decision to withdraw.
CANTO LUSITANO will refund the User using the same payment method used by the User to make the initial purchase transaction. This refund will not incur any additional costs to the User. However, CANTO LUSITANO may withhold such refund until it has received the products or items purchased, or until the User provides proof of return of the same, whichever condition is met first.
The User may return or send the products to CANTO LUSITANO at:
Erico Marques Alferes
Avigunda de Barcelona, 105, 2nd floor, door 4
08970 Sant Joan Despi – Barcelona
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which CANTO LUSITANO was informed of the withdrawal decision.
The User acknowledges that they shall bear the direct cost of returning the goods (transport, delivery), if any. Furthermore, they shall be liable for any reduction in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and without limitation, this would be the case for: personalised products; products that are liable to deteriorate or expire rapidly; music or video CDs/DVDs without their factory-sealed packaging; products that are sealed for reasons of hygiene or health and have been unsealed after delivery.
The provision of any service that the User may contract on this Website is governed by the same principles, as this same Law establishes that Users shall not have the right of withdrawal when the service has been fully performed, or when it has begun, with the express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully performed by CANTO LUSITANO, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond simply opening it, if the products are not in the same condition in which they were delivered, or if they have been damaged after delivery.
Likewise, products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
The withdrawal form template can be downloaded from the following link:
www.cantolusitano.eu/cancellation
Return of defective products or shipping errors
This refers to all cases in which the User considers that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and that they must therefore contact CANTO LUSITANO immediately and inform them of the non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and once returned, they will be examined and the User will be informed within a reasonable period of time if a refund or, where applicable, a replacement is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for products that are returned due to a defect, when one actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in returning the product. The refund will be made using the same payment method used by the User to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.
Warranties
The User, as a consumer and user, enjoys guarantees on the products that they may purchase through this Website, under the terms legally established for each type of product. CANTO LUSITANO is therefore liable for any lack of conformity that becomes apparent within two years of delivery of the product.
In this regard, products are understood to be in accordance with the contract provided that: they conform to the description provided by CANTO LUSITANO and possess the qualities presented therein; they are suitable for the purposes for which products of the same type are normally intended; and they present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with regard to the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or shipping errors. However, some of the products sold on the Website may have non-homogeneous characteristics, provided that these derive from the type of material with which they have been manufactured and therefore form part of the individual appearance of the product and are not a defect.
On the other hand, it may be the case that the User purchases a product on the Website that is manufactured by a third party. In this case, and if the User considers that the product is defective, they also have the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them during the two years following the delivery of said products. To do so, the User must have kept all information relating to the product warranty.
Unless otherwise provided by law, CANTO LUSITANO shall not accept any liability for the following losses, regardless of their origin:
Similarly, CANTO LUSITANO also limits its liability in the following cases:
In this way, obligations will be suspended for the duration of the force majeure event, and CANTO LUSITANO will have an extension to fulfil them for a period equal to the duration of the force majeure event. CANTO LUSITANO will use all reasonable means to find a solution that allows it to fulfil its obligations despite the force majeure event.
By using this Website, the User agrees that most communications with CANTO LUSITANO will be electronic (email or notices posted on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by CANTO LUSITANO comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law to the User.
The User may send notifications and/or communicate with CANTO LUSITANO using the contact details provided in these Terms and Conditions and, where applicable, through the contact areas on the Website.
Similarly, unless otherwise stipulated, CANTO LUSITANO may contact and/or notify the User at their email address or postal address provided.
No waiver by CANTO LUSITANO of any specific right or legal action or failure by CANTO LUSITANO to require strict compliance by the User of any of their obligations shall imply a waiver of other rights or actions arising from a contract or the Terms and Conditions, nor shall it exempt the User from compliance with their obligations.
No waiver by CANTO LUSITANO of any of these Terms and Conditions or of any rights or actions arising from a contract shall be effective unless expressly stated to be a waiver and formalised and communicated to the User in writing.
If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and CANTO LUSITANO in relation to the subject matter of the sale and supersede any other agreement, understanding or promise previously made verbally or in writing by the same parties.
The User and CANTO LUSITANO acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms and Conditions.
Any personal information or data provided by the User to CANTO LUSITANO during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms and Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.
Access, browsing and/or use of this Website and the purchase of products through it shall be governed by Spanish law..
Any dispute, problem or disagreement arising from or related to access, browsing and/or use of the Website, or to the interpretation and execution of these Terms and Conditions, or to the sales contracts between CANTO LUSITANO and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
Users may send CANTO LUSITANO any complaints, claims or other comments they wish to make using the contact details provided at the beginning of these Terms and Conditions (General Information).
In addition, CANTO LUSITANO has official complaint forms available to consumers and users, which they may request from CANTO LUSITANO at any time using the contact details provided at the beginning of these Terms and Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between CANTO LUSITANO and the User, the User, as a consumer, may request an out-of-court dispute resolution, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.
Last modified: 12 December 2024
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