GENERAL TERMS AND CONDITIONS OF PURCHASE
These general terms and conditions of purchase (the “General Terms and Conditions”) govern the use of myspringfield.de website (“the website”) owned by Tendam Retail, S.A. (“Tendam”). Tendam Retail, S.A. is a public limited liability company with registered business address at Avenida del Llano Castellano 51, Madrid, Spain, and holder of Spanish Tax Identity No. A-08099459, registered in the Mercantile Registry of Madrid, on sheet M-107.817, in volume 21.800, on Page 120 in Section 8; one of whose trade names is Springfield. By using the services offered by Springfield online store, customers are consenting to be bound by the General Terms and Conditions corresponding to the version published by Springfield when the purchase order is placed. It is therefore advisable for customers to read these General Terms and Conditions before making a purchase.1. SCOPE OF THE AGREEMENT
These General Terms and Conditions are applicable to the online sale of all Springfield products to customers and which may be delivered in Germany. Tendam hereby informs you that the website is only addressed to people aged 18 and over. Tendam reserves the right to cancel a customer’s access account or customer’s order if it detects fraudulent, speculative acts or acts in bad faith in the use of this service.
The customer is considered a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to its commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.2. RESTRICTIONS ON PURCHASES
For security reasons, no purchases worth more than 1,500€ or containing more than 40 items per order will be accepted.3. PRICE
The applicable prices are those quoted on the website at the time the order is placed. The prices are displayed for each product and are inclusive of VAT (Value Added Tax). Customers are informed of the breakdown of the shipping costs when the order is placed. Tendam Retail, S.A. reserves the right to make any changes it considers necessary at any time; it may update, including on a daily basis, products and prices in accordance with new items that are included on the website.
4. ORDERING PROCEDURE
4.1 The customer can select Springfield products from the website’s product range and collect them in a so-called shopping basket via the "ADD TO BASKET" button. The information on goods and prices within the ordering process is subject to confirmation and non-binding. Before submitting the order, the customer will be informed of the following information on the ordering process in a clear, understandable and highlighted manner:
a) the products in the shopping basket including their essential features;
b) the total price of the product; and
c) the delivery and shipping costs incurred.
The customer can see and change the data necessary for the dispatch and payment at any time. Until the completion of the order process, the customer can change the contents of the shopping cart, the delivery address and the payment.
Via the "BUY" button, the customer submits a binding offer to purchase the goods in the shopping basket (binding purchase offer).
However, the order application can only be submitted and transmitted if the customer has accepted the present General Terms and Conditions and the provisions on data protection and has thereby included them in his order application.
4.2 Tendam then sends to the customer an email with an automatic confirmation of receipt, in which the customer's order is listed again, and which the customer can print out using the "Print" function. The automatic email merely documents that the customer's order has been received by Tendam and does not constitute acceptance of the order.
The purchase offer binding the customer is only bindingly accepted by Tendam if and as soon as Tendam confirms the shipping of the products with a separate e-mail (shipping confirmation) (acceptance of offer).
Up to this point in time, Tendam has in particular the right to refrain from the delivery of the offered goods in the event of their unavailability. Only with the acceptance of the offer does a claim for delivery of the ordered goods come to existence.
Payment will be done at the end of the purchase process and it is mandatory for the order (in the sense of a binding purchase offer) to be placed. In no case can the payment be done in arrears of the purchase. Payment on delivery, bank transfer or in-store payments are not accepted.
Payments may be made by credit card Visa®, Mastercard® or American Express®, KLARNA Ratenkauf, KLARNA Rechung and Sofort, as well as by 4B Maestro or Visa Electron debit cards (whereby the amount will be charged immediately), or through PayPal.
In all cases, the choice of payment method is made during the checkout process on the corresponding step.
Customers must notify Tendam of any unauthorised charge or fraudulent use of the customer’s card used for purchases by email or telephone at the earliest opportunity so that Tendam may take the necessary actions. Payment service providers may also adopt anti-fraud measures that restrict certain types of operations or transactions. Tendam holds no responsibility for the application of this type of security policies.
The delivery time shall not exceed 6 business days since the purchase date. Deliveries will be shipped to the address specified by the customer following these guidelines:
6.1 HOME DELIVERY: Customer will pay shipping costs of 3,95€ for purchases under 40€ with delivery addresses in Germany. Purchases over 40€ with delivery addresses in Germany are delivered free of shipping costs.
The delivery address specified by the customer may be a home address, their workplace address or any other desired address. It is not necessary for the delivery and invoice addresses to be the same. The customer will receive a delivery notice prior to receiving the order with options for changing the date and delivery address.
6.2 GIFT ORDERS: Customers may pay for an order and decide to have it delivered as a gift to someone else. “This is a Gift” option must be selected during the purchase process. Customers may also ask for wrapping paper and a card with message to be included. Important: the invoice included in the delivery does not include the price of products bought, therefore being of no use to exchange or return a product. In order to do so, the buyer must log in into the account and print the original invoice which includes the prices.
6.3 ISSUES WITH DELIVERIES: In the case of unsuccessful delivery because the person is absent, the shipping company will leave a notification and will try to contact the delivery person by phone. After two more attempts, the customer will need to contact the shipping company in order to arrange the delivery.
7. RETURNS AND RIGHT OF CANCELLATION
There are different procedures for returning items or cancelling an order. Below are details of each one, including their corresponding terms and conditions.
• No returns or cancellations of boxers, hair accessories, perfumery and cosmetics, socks, stockings and slopes which have been unsealed, except for defective products.
• No, returns or cancellation of products that are incomplete, damaged, deteriorated, stained or in any state that reasonably indicates that the product has been used. They will be returned to the customer as soon as possible.
• All products that are to be returned must be properly packaged.
7.1 EXCHANGES: Exchanges are not permitted.
7.2 RETURNS (due to fault or defect) made through the online store: Returns can be caused by an item being faulty, showing a defect or incorrect item received.
Tendam is liable for material defects in accordance with the applicable statutory provisions, §§ 434 ff. of the German Civil Code. If the goods are defective, the customer has the right to cancel the purchase and Tendam shall reimburse to the customer the relevant amount. Defective goods are to be returned to Tendam.
- Conditions: Returns made through physical stores are not permitted. The procedure must be completed according to the provisions set forth below:
Warranty claims shall become statute-barred 2 years after the date of delivery of the goods.
- Cost: Tendam shall refund the customer the amount corresponding to the price of the returned items (including shipping costs from the original purchase, if the customer had paid such costs) within 14 calendar days since the date it was informed of the return request. The refund will be made via the same method used for payment. However, Tendam might hold the refund until items have been received, or until the customer sends to Tendam a proof of delivery, whichever occurs first.Tendam shall pay (or reimburse to the customer) for the reasonable and regular shipping costs of the return of incorrect items or items with faults or defects.
- Procedure: Send all unwanted or defective items to: ALMACÉN TENDAM Springfield (Defectuoso o erroneo), Paseo del Deleite, s/n, 28300 Aranjuez (Madrid), Spain, via your preferred means of transport (shipping cost payable by Tendam). You must fill in and include the form enclosed with your order or download it here Returns and cancellation form.
7.3 RIGHT OF CANCELLATION
- Cancellation policy -
You, as the customer, have the right to revoke this contract within fourteen days without giving reasons. Gift vouchers are not exchangeable.
The revocation period is fourteen days from the day,
- where you or a third party other than the carrier designated by you has taken possession of the goods, or
- in the case of a contract for several goods ordered under a single order and delivered separately, from the date on which you or a third party other than the carrier designated by you took possession of the last goods.
To exercise your right as customer of withdrawal, you must contact Tendam,
TENDAM Retail S.A.
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract.
You can use the attached sample revocation form (here PDF download), which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation:
If you revoke this contract, Tendam shall reimburse you immediately and no later than fourteen days from the date on which Tendam receives notice of your revocation of this contract for all payments Tendam has received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us (e.g. express delivery)). In case of partial returns, the delivery costs will not be refunded.
For this refund Tendam will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
Tendam may refuse a refund until Tendam has received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You shall return the goods to Tendam immediately and in any event no later than fourteen days from the date on which you notify Tendam of the revocation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking their condition, properties and functionality.
- End of the revocation instruction -
8. PRODUCT AVAILABILITY
In the event of any supply shortage or the stock of a product running out, customers will be immediately informed and refunded for the amount of the products affected. In this case, Tendam will not make an acceptance of the order and a contract will not be concluded. Tendam shall refund the customer the corresponding amount within 14 calendar days since the date it was informed of the cancellation request. The refund will be made via the same method used for payment.
9. RETENTION OF TITLE
Until complete payment, the delivered goods remain the property of Tendam.
10. CUSTOMER SERVICE
Should you have any questions, concerns, complaints, or suggestions about the online store, you may contact our Customer Service Department by any of the following means:
- Telephone number: +4908007747744
- E-mail: email@example.com
- By post to the following address: Tendam Retail, S.A., Av. Llano Castellano 51, 28034 Madrid, Spain.
The Customer Service Department of Tendam Retail, S.A. will respond to your claim as soon as possible, and, in any event, within a maximum period of one month.
If the claim is not resolved to your satisfaction, you may resort to the ordinary courts, or you may submit it through the site http://ec.europa.eu/odr, which will grant you a free and unique access point from where to reach an out-of-court settlement.
11. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions are subject to Spanish Law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions, the parties shall submit to the exclusive jurisdiction of the Courts and Tribunals as applicable to the relevant regulations.
Download these General Terms and Conditions in PDF format here.