I. GENERAL INFORMATION
The ownership of this website, sanfcodc.com (hereinafter referred to as the Website), is held by: SAN FRANCISCO DC, with Tax ID: E67517417, and whose contact details are:
Address:
Carrer Puig i Cadafalch 11 3-1,
08130 Santa Perpètua de Mogoda, Barcelona;
Spain
Contact phone: 651924983
Contact email: denimculture@sanfcodc.com
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Website (sanfcodc.com) 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 that SAN FCO Denim Culture carries out through the Website includes:
Marketing of major brand and own brand clothing and the provision of denim garment customization services.
In addition to reading these Conditions, before accessing, browsing, and/or using this webpage, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of SAN FCO Denim Culture. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if they do not agree with all of this, they should not use this Website.
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website since those that are in force at the time the acquisition of products and/or services is requested will be applicable.
For all questions the User may have regarding the Conditions, they can contact the owner using the contact information provided above or, if applicable, using the contact form.
II. THE USER
The access, navigation, and use of the Website confer the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start navigating the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as per the case.
The User assumes their responsibility for the correct use of the Website. This responsibility shall extend to:
Making use of this Website only to make inquiries and legally valid purchases or acquisitions.
Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled, and the relevant authorities informed.
Providing truthful and lawful contact details, for example, email address, postal address, and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years old and to have legal capacity to enter into contracts through this Website.
The User may formalize, at their choice, with SAN FCO Denim Culture the sales contract of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
III. PURCHASE OR ACQUISITION PROCESS
Users can purchase on the Website by the established means and methods. They must follow the online purchase and/or acquisition process of sanfcodc.com, during which various products and/or services can be selected and added to the cart, basket, or final purchase space, and finally, click on “Buy and pay now.”
Additionally, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.
Subsequently, the User will receive an email confirming that SAN FCO Denim Culture has received their order or request for purchase and/or provision of service, i.e., the order confirmation. And, if applicable, they will also be informed through email when their purchase is being sent.
Once the purchase process has concluded, the User consents to the Website generating an electronic invoice which will be sent to the User via email. Additionally, the User may, if they wish, obtain a paper copy of their invoice, by requesting it from SAN FCO Denim Culture using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being up to date, at the time of purchase, with certain particular sale conditions concerning the product and/or service in question and displayed next to the presentation or, if applicable, the image of it on its webpage on the Website, indicating, by way of example but not limited to, and depending on each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out, and/or cost of the provisions; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular sale conditions applicable to each case.
Unless expressly stated otherwise, SAN FCO Denim Culture is not the manufacturer of the products sold or that may be marketed on the Website. While SAN FCO Denim Culture makes great efforts to ensure the information displayed on the Website is accurate, occasionally the packaging and/or materials and/or components of the products may contain additional or different information than that which appears on the Website. Therefore, the User must not only consider the information provided by the Website but also the information available on the labeling, warnings, and/or instructions accompanying the product.
Communications, purchase orders, and payments involved during transactions carried out on the Website could be archived and kept in the computerized records of SAN FCO Denim Culture to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and applicable laws and regulations in this respect, and particularly paying attention to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and on the free movement of such data (GDPR) and the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, and the rights that assist Users according to the privacy policy of this Website.
IV. AVAILABILITY
All purchase orders received by SAN FCO Denim Culture through the Website are subject to product availability and/or no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of them and/or the provision of services. If difficulties in terms of the supply of products or no products in stock arise, SAN FCO Denim Culture commits to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.
V. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless by legal requirement, especially concerning VAT, a different issue is specified and applied.
However, unless indicated expressly otherwise, the prices of the items offered exclude shipping costs, which may be incurred, and will be added to the total amount due at the time of finalizing the shipping process by the User, where they can consult the shipping methods and costs available and freely choose the one that suits them best.
For orders equal to or above €90, shipping will be free.
In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card.
SAN FCO Denim Culture uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions on the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorizations by the issuing bank of them, if said entity does not authorize the payment, SAN FCO Denim Culture will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User.
Once SAN FCO Denim Culture receives the purchase order from the User through the Website, a charge will be made to the corresponding card.
VI. DELIVERY
In cases where the physical delivery of the contracted good is to be carried out, deliveries will be made within the following territory: Spain.
Except in cases where there are unforeseen or extraordinary circumstances, or as a result of the customization of 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 shipping method selected by the User, and in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason attributable to it, SAN FCO Denim Culture could not 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 establishing 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 the delivery cannot be carried out due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to arrange for it to be delivered again.
If the User is not going to be at the delivery location at the agreed time, they should contact SAN FCO Denim Culture to arrange delivery on another day.
If 30 days have passed since your order was available for delivery, and it has not been delivered for reasons not attributable to SAN FCO Denim Culture, SAN FCO Denim Culture will understand that the User wishes to withdraw from the contract, and it will be considered resolved. As a consequence of the resolution of the contract, all payments received from the User will be returned, except for the additional expenses resulting from the User’s choice of a delivery method different from the least costly method of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered resolved.
However, the User should be aware that the transportation resulting from the resolution may have an additional cost that could be charged to them.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
The risks that could arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when SAN FCO Denim Culture 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 it takes place at a time later than the full receipt of the amount to be paid by SAN FCO Denim Culture.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the VAT application territory of Spanish if the delivery address is in Spanish territory except the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally valid rate at each moment depending on the specific article in question.
In the same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006, on the common system of VAT, purchase orders will be located, for delivery and/or provision, in that Member State of the European Union where the address indicated in the purchase order is located, and therefore, the applicable VAT will be the one in force in that Member State.
For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of taxes and duties corresponding according to the current regulations in each of these territories. The User must bear in mind that in these territories, there could be situations in which taxes and customs duties are applied and accrued at the destination, in accordance with current regulations, and that these could be borne by them.
For the rest of the locations, different from the above, where the purchase orders are located, for their delivery and/or provision, the regulations in force at each moment will be applied; the User must bear in mind that this could generate 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 them. For more information, the User should go to the customs office at the destination.
VII. TECHNICAL MEANS TO CORRECT ERRORS
It is made known to the User that if they detect that an error occurred when entering necessary data to process their purchase request on the Website, they can modify it by contacting SAN FCO Denim Culture through the contact spaces enabled on the Website, and, if necessary, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General Information).
In any case, the User, before clicking on “Buy and pay now,” has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 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 the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
VIII. RETURNS
In cases where the User acquires products on or through the Website of the owner, they are granted 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 such purchase within 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired the material possession of the goods purchased on the Website of SAN FCO Denim Culture or in case the goods that make up their order are delivered separately, 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a contract for services, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify their decision to SAN FCO Denim Culture. They may do so, where appropriate, through the contact spaces provided on the Website or through:
SAN FRANCISCO DC
Carrer Puig i Cadafalch 11 3-1,
08130 Santa Perpètua de Mogoda, Barcelona;
Spain
Contact phone: 651924983
Contact email: denimculture@sanfcodc.com
The User, regardless of the means chosen to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that SAN FCO Denim Culture provides as an annex to these Conditions, however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires.
In case of withdrawal, SAN FCO Denim Culture will refund to the User all payments received, including shipping costs (with the exception of additional expenses chosen by the User for a mode of delivery different from the least expensive mode of ordinary delivery offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which SAN FCO Denim Culture is informed of the User’s decision to withdraw.
SAN FCO Denim Culture will refund the User using the same payment method that the User used for the initial transaction. This refund will not generate any additional cost to the User. However, SAN FCO Denim Culture may withhold the refund until it has received the products or items of the purchase, or until the User submits proof of their return, whichever condition is met first.
The User can return or send the products to SAN FCO Denim Culture at:
SAN FRANCISCO DC
Carrer Puig i Cadafalch 11 3-1,
08130 Santa Perpètua de Mogoda, Barcelona;
Spain
The User must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which SAN FCO Denim Culture was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning (transport, delivery) the goods, if incurred. In addition, they will be responsible for the decrease in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The User is aware that there are exceptions to the right of withdrawal, as stated in Article 103 of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. For example, but not limited to: personalized products; products that can deteriorate or expire rapidly; CDs/DVDs of music or video without their factory seal; products that for hygiene or health reasons are sealed and have been unsealed after delivery.
Similarly, the provision of a service that the User could contract on this Website is governed, as this Law establishes that the right of withdrawal shall not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by SAN FCO Denim Culture, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond merely opening it, for products that are not in the same condition in which they were delivered or have suffered damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions, and other documents that may accompany them, in addition to a copy of the purchase invoice.
In the following link, you can download the Withdrawal Form Model:
sanfcodc.com/withdrawalform.pdf
Return of defective products or shipping errors
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations in the contract or purchase order, and therefore, must contact SAN FCO Denim Culture immediately and let them know the existing discrepancy (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about 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 if a refund or, if applicable, replacement of the product proceeds.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date we send an email confirming that the refund or replacement of the non-conforming product is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always prevail.
Warranties
The User, as a consumer and user, enjoys warranties on the products that they may acquire through this Website, in the terms legally established for each type of product, with SAN FCO Denim Culture thus being liable for any lack of conformity of the same that manifests itself within two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by SAN FCO Denim Culture and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the quality and performance which are normal in products of the same type and which are fundamentally expected of them. When this is not the case with the products delivered to the User, they must proceed as indicated in the section Return of defective products or shipping errors. However, some of the products sold on the Website could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires a product on the Website from a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the warranty of the products.
IX. EXEMPTION OF LIABILITY
Unless legally stipulated otherwise, SAN FCO Denim Culture will not accept any liability for the following losses, regardless of their origin:
Any losses that were not attributable to any breach on its part;
Business losses (including lost profit, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or
Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.
Moreover, SAN FCO Denim Culture also limits its liability in the following cases:
SAN FCO Denim Culture applies all measures to provide a faithful display of the product on the Website, however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution, browser problems used or other of this nature.
SAN FCO Denim Culture will act with maximum diligence to make available to the company responsible for the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially due to strikes, road retentions, and in general any other typical issues of the sector, that result in delays, losses, or theft of the product.
Technical failures caused by fortuitous circumstances or other issues that prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. SAN FCO Denim Culture puts all the means at its disposal for the process of purchase, payment, and shipping/delivery of the products, however, it exempts itself from responsibility for causes not attributable to it, fortuitous case, or force majeure.
SAN FCO Denim Culture will not be responsible for misuse and/or wear and tear of the products that have been used by the User. At the same time, SAN FCO Denim Culture will not be responsible for a wrong return made by the User. It is the User’s responsibility to return the correct product.
In general, SAN FCO Denim Culture will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but not limited to:
Strikes, lockouts, or other claim measures.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport, or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Thus, obligations will be suspended during the period in which the force majeure continues, and SAN FCO Denim Culture will have an extension in the term to fulfill them for a period equal to the duration of the force majeure. SAN FCO Denim Culture will put all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
X. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with SAN FCO Denim Culture are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that SAN FCO Denim Culture sends electronically comply with legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with SAN FCO Denim Culture through the contact details provided in these Conditions and, if applicable, through the contact spaces of the Website.
Likewise, unless stipulated otherwise, SAN FCO Denim Culture can contact and/or notify the User in their email or postal address provided.
XI. WAIVER
No waiver by SAN FCO Denim Culture of a specific right or legal action, or the lack of requirement by SAN FCO Denim Culture for strict compliance by the User with any of their obligations, shall imply neither a waiver of other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from fulfilling their obligations.
No waiver by SAN FCO Denim Culture of any of these Conditions or the rights or actions derived from a contract shall take effect, unless expressly stated to be a waiver, and it is formally and communicated to the User in writing.
XII. INVALIDITY
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
XIII. COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and SAN FCO Denim Culture in relation to the object of sale and replace any other pact, agreement, or previous promise agreed verbally or in writing by the same parties.
The User and SAN FCO Denim Culture acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
XIV. DATA PROTECTION
The information or personal data that the User provides to SAN FCO Denim Culture during a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General 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 the information or data provided is true.
XV. APPLICABLE LAW AND JURISDICTION
The access, browsing, and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem, or disagreement that arises or is related to the access, browsing, and/or use of the Website, or with the interpretation and execution of these Conditions, or with sales contracts between SAN FCO Denim Culture and the User, will be subjected to the non-exclusive jurisdiction of the Spanish courts and tribunals.
XVI. COMPLAINTS AND CLAIMS
The User can send their complaints, claims, or any other comments they wish to make to SAN FCO Denim Culture through the contact details provided at the beginning of these Conditions (General Information).
Furthermore, SAN FCO Denim Culture has official complaint forms available to consumers and users, which they can request from SAN FCO Denim Culture at any time, using the contact details provided at the beginning of these Conditions (General Information).
Additionally, if a dispute arises from this purchase contract between SAN FCO Denim Culture and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed through the following website: http://ec.europa.eu/consumers/odr/.
Last modification: February 28, 2024.
