Terms and Conditions
This contractual document shall govern the General Conditions of procurement of products (hereinafter “Conditions”) via the website www.thelanners.com, property of Brandstory under the registered brand of Brandstory SL, hereinafter Brandstory, the contact data of which is also included in the Legal Notice of this website.
These Conditions shall remain published on the website and available to the USER (hereinafter CUSTOMER) to reproduce and save them as confirmation of the contract; they may be modified at any time by Brandstory. It is the responsibility of the CUSTOMER to read them periodically, since the conditions that are in effect at the time of placing orders are the ones that shall be applicable.
The contracts shall not be subject to any formality, with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the CUSTOMER:
- Has read and understands everything expressed herein.
- Is a person with sufficient capacity to enter into a contract.
- Assumes all the obligations set forth herein.
These terms and conditions shall be valid for an indefinite period of time and shall apply to all purchases made on the The Lanners website.
The Lanners informs that its commerce is responsible and that it is familiar with the valid legislation of the countries to which it sends its products, and it 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 contracted by the CUSTOMER is The Lanners, with registered office in Calle Virgilio 25A, ground floor, apt. A, 28223, Pozuelo de Alarcón, Madrid, Tax ID B02795300 and with customer service telephone number +34 938 405 465.
And on the other hand, the CUSTOMER, registered on the website with a username and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to The Lanners.
Purpose of the agreement
The purpose of this contract is to govern the contractual sales relationship between The Lanners and the CUSTOMER when the CUSTOMER ticks the corresponding box as part of the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a specific price that shall be publicly displayed on the website, of a specific product.
The CUSTOMER shall select a username and a password, undertaking to make diligent use thereof, and not to make them available to third parties, as well as to notify The Lanners of the loss or theft thereof or of possible access by an unauthorised third party thereto, in such a way that the latter may proceed to block them immediately.
Once the CUSTOMER account has been set up, we hereby inform you that in accordance with the requirements set out in Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LISS-EC), the contracting procedure shall follow these steps:
- General contracting clauses.
- Order shipment and delivery.
- Right of withdrawal.
- Claims and online dispute resolution.
- Force majeure.
- Overview of the offer.
- Price and period of validity of the offer.
- Shipping costs.
- Payment method, costs and discounts.
- Purchasing process.
- Unbundling and suspension or cancellation of the contract.
- Warranties and returns.
- Applicable law and jurisdiction.
- GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, the placement of an order with The Lanners implies acceptance on the part of the CUSTOMER of these legal terms and conditions. No provision made by the CUSTOMER may differ from those of The Lanners if has not been expressly accepted in advance and in writing by The Lanners.
- ORDER SHIPMENT AND DELIVERY
The Lanners will not ship any delivery until it has verified that the payment has been made.
The shipment of goods shall customarily be carried out via express courier, depending on the destination freely designated by the CUSTOMER.
The delivery period shall be between 24 hours and 72 hours, depending on the destination and the chosen payment method. This term is understood to be valid only once the availability of the goods has been confirmed and the full payment of the order verified.
Failure to implement a distance contract
In the event that the contract cannot be implemented because the contracted product is not available in the expected period, the CUSTOMER shall be informed of the lack of availability and that he or she is entitled to cancel the order and receive the refund of the total amount paid at no cost, and without this giving rise to any responsibility for damages attributable to The Lanners.
The Lanners shall assume no responsibility if the delivery of the product or service is not executed due to the fact that the data provided by the CUSTOMER is inaccurate, imprecise or incomplete.
The delivery shall be deemed executed in the moment that the courier has made the products available to the CUSTOMER and he or she, or his or her representative, has signed the document of receipt of the delivery.
It is the CUSTOMER’s responsibility to check the products upon receipt and make any claims or complaints that may be justified in the document of receipt of the delivery.
- RIGHT OF WITHDRAWAL
To exercise your right of withdrawal, you must notify us at firstname.lastname@example.org
The CUSTOMER has a period of fourteen calendar days, starting from the date of receipt of the product, to exercise the right of withdrawal. If The Lanners does not comply with the duty of information and documentation on the right of withdrawal, the period for the exercise thereof shall end twelve months after the expiry date of the initial period of withdrawal (Article 71 of Law 3/2014, of 27 March).
The right of withdrawal may not be applied in the following cases:
- If the packaging of the product is not the original packaging or is not in perfect condition, The Lanners may charge the cost of the packaging. The original packaging should protect the product such that it is received in perfect condition; it is prohibited to use seals or adhesive tape applied directly to the product so as to avoid replacement costs.
- If the product has been opened and it is not possible to prove that it has not been used.
- The supply of sealed goods that may not be returned for health and hygiene reasons and which have been unsealed after delivery.
- The supply of products that, after the delivery thereof and bearing in mind their nature, have been inextricably mixed with other goods.
All returns should be communicated to The Lanners by requesting a returns number via email to email@example.com, indicating the corresponding invoice or order number.
In the event that the return is not carried out with the original packaging supplied upon delivery, The Lanners may charge the cost of this packaging to the CUSTOMER, providing prior notification thereof via the same communication channel already used.
Any incident shall be attributable to the party responsible for said incident. The Lanners shall bear the costs of any incidents that are caused directly by The Lanners.
- CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the CUSTOMER wishes to make shall be addressed as quickly as possible, and can be submitted at the following contact addresses:
Postal: Calle Virgilio 25A, ground floor, apt. A, 28223, Pozuelo de Alarcón, Madrid.
Telephone number: +34 938 405 465
Online dispute resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a freely accessible platform for the resolution of online disputes between the CUSTOMER and The Lanners, without the need to turn to the courts of law, via the intervention of a third party known as a dispute settlement body that acts as an intermediary between the parties. This body is neutral and shall negotiate with both parties to reach an agreement, with the authority to ultimately suggest and/or impose a solution to the dispute.
Link to the Dispute Resolution platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties shall not bear the responsibility for any fault due to force majeure. Compliance with the obligation shall be suspended until the case of force majeure has ended.
The CUSTOMER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
Should any provision of these terms and conditions be considered invalid or impossible to comply with, this shall in no way affect the validity, legality or compliance of the rest, nor shall they be modified in any way.
The CUSTOMER declares that he or she has read, understood and accepts these terms and conditions in their entirety.
- OVERVIEW OF THE OFFER
All the sales and deliveries specifically carried out by The Lanners shall prevail.
Given the continuous technological advances and improvements to the products, The Lanners reserves the right to modify its specifications with regard to the information provided in its advertising, as long as this does not affect the value of the products offered. Similarly, these modifications shall be valid in the event that, for whatever reason, the possibility to supply the products offered is affected.
- PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping or communication, handling, packaging, insurance or any other additional services to the product purchased.
The prices applied to each product are those published on the website and are expressed in the currency of EUROs. The CUSTOMER assumes that the cost of some of the products may change in real time.
Before carrying out the purchase, he or she may consult all the details of the estimate online: articles, quantities, price, availability, transport costs, fees, discounts, taxes and the purchase total. The prices may change on a daily basis until the order has been placed.
All payments made to The Lanners involve the issuing of an invoice in the name of the registered CUSTOMER or the business name provided by the CUSTOMER at the time of placing the order. Once the shipment has been confirmed, the CUSTOMER shall receive a delivery note with the details of the order. If the CUSTOMER wishes to receive an invoice via email, he or she should request it via any of the means provided by The Lanners.
For any information with regard to the order, the CUSTOMER may call the customer service telephone number of The Lanners, +34 938 405 465, or send an email to the following email address firstname.lastname@example.org
- SHIPPING COSTS
The prices published in the store do not include shipping costs unless expressly agreed otherwise in writing. The amounts are calculated at the moment of saving the cart, since they are calculated based on the price of the order. The shipping cost for delivery to mainland Spain is €3.90. Shipping is free of charge for purchases above €39.99. In the Balearic Islands, if the order does not exceed €75, the shipping cost is €3.90. Shipping is free of charge for purchases above €75. And, in the case of the Canary Islands, if the order does not exceed €75, the shipping cost is €3.90. Shipping is free of charge for purchases above €75.
- PAYMENT METHODS, FEES AND DISCOUNTS
- Credit card: MasterCard, Maestro, American Express and Visa
- Shop Pay
- Google Pay
- Apple Pay
The CUSTOMER may use a discount voucher before finalising the purchase if he or she has received it from The Lanners.
The website employs industry-standard information security techniques, such as SSL, data entered on secure pages, firewalls, access control systems and cryptographic mechanisms, all with the aim of preventing unauthorised access to information. To this end, the CUSTOMER accepts that The Lanners will gather data for the purposes of the corresponding authentication for the access control systems.
The Lanners undertakes not to allow any transaction that is or could be considered illegal by the credit card brands or the acquiring bank, that could have or has the potential to harm the goodwill of these institutions or negatively affect them.
The following activities are prohibited in accordance with the programmes of the credit card brands: the sale or offer of a product or service that does not comply with all the laws applicable to the Buyer, Emitting Bank, Merchant or Owner of the card or cards.
- PURCHASING PROCESS
Any product from our catalogue may be added to the cart. In this cart, only the articles, quantity, price and total price shall be shown. Once the cart has been saved, the taxes, fees and discounts shall then be calculated based on the payment and shipping details entered.
The carts do not have any kind of administrative association; this is merely a section where a budget can be simulated without any commitment by either party.
From the cart, an order can be placed by following the following steps for the correct formalisation thereof:
- - Checking the invoicing details.
- - Checking the delivery address.
- - Selecting the payment method.
- - Placing the order (purchasing).
Once the order has been processed, the system instantly sends an email to the management department of The Lanners and another to the CUSTOMER confirming the placement of the order.
Orders (purchase requests)
Within a maximum of 24 hours, on workdays, an email will be sent to the CUSTOMER confirming the status of the order and the approximate date of shipment and/or delivery.
- DISASSOCIATION AND SUSPENSION OR CANCELLATION OF THE CONTRACT
Should any of these terms and conditions be considered illegal, void or inapplicable for any reason whatsoever, said condition shall be considered separable and shall not affect the validity or applicability of any of the remaining conditions.
The Lanners may, without prior notice, suspend or terminate the CUSTOMER’s access to its services and training, in whole or in part, for any valid reason, including but not limited to, if the CUSTOMER does not comply with or observe any of the obligations established in this document or any applicable legal provision, licence, regulation, ordinance, code of practice or usage policy.
If The Lanners exercises any of its rights or powers under this Clause, said exercise shall not impair nor affect the exercise of any other right, power or recourse to which The Lanners may be entitled.
- WARRANTIES AND RETURNS
The warranty of the products offered corresponds to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and CUSTOMERS and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and the CUSTOMER products that are in compliance with the contract, and must answer to the consumer and CUSTOMER for any lack of compliance that may exist at the time of delivering the product.
Article 115. Scope of application.
- Included in the scope of application of this document are the contracts on the purchase and sale of products and the contracts on the supply of products to be produced or fabricated.
- The provisions in this document shall not apply to products acquired through foreclosure sale, to water or gas if they are not put up for sale in a limited volume or set quantity, or to electricity. Moreover, it shall not apply to second-hand products acquired in administrative auctions that consumers and users may attend in person.
Article 116. Compliance of the products with the contract.
- Unless proven otherwise, it is understood that the products comply with the contract provided that they fulfil all the requirements set out below, except if, due to the circumstances of the case, one of these requirements is not applicable.
a) They match the description provided by the seller and possess the qualities of the product that the seller presented to the consumer and user in the form of a sample or model.
b) They are suitable for the uses for which products of this type are usually intended.
c) They are suitable for any special use required by the consumer and user when they have made this known to the seller at the time of finalising the contract, provided that the latter has admitted that the product is suitable for said use.
d) They present the standard quality and features of a product of this type that the consumer and user may reasonably expect, taking into account the nature of the product and, as the case may be, the public declarations regarding the specific characteristics of the products made by the seller, the producer or their representative, in particular in advertising or on the labelling. The seller shall not be obliged by such public declarations if they prove that they were not aware of and could not reasonably be expected to be aware of the declaration in question, that said declaration had been corrected at the time of concluding the contract or that said declaration could not have influenced the decision to purchase the product.
- A lack of compliance resulting from the incorrect installation of the product shall be equated to a lack of compliance of the product if the installation is included in the purchase-sale or supply contract regulated in Article 115.1 and has been performed by the seller or under their responsibility, or by the consumer and user if the defective installation is owed to an error in the installation instructions.
- No responsibility shall be assumed for any lack of compliance of which the consumer and user was aware or that they could not have reasonably ignored at the time of concluding the contract, or that originates from materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of actions envisaged in this document is incompatible with the exercise of actions derived from remediation due to hidden faults of the purchase and sale.
In any case, the consumer and user shall have the right, in accordance with the civil and commercial legislation, to be compensated for the damages derived from the lack of compliance.
Article 118. Responsibility of the seller and rights of the consumer and CUSTOMER.
The consumer and user has the right to the repair of the product, to the replacement thereof, to a reduction in price or to the termination of the contract, in accordance with the provisions of this document.
Article 119. Repair and replacement of the product.
- If the product is not in compliance with the contract, the consumer and user may choose to demand either the repair or the replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment in which the consumer and user communicates the chosen option to the seller, both parties must abide by this choice. This decision by the consumer and CUSTOMER is without prejudice to the provisions of the following article for the cases in which the repair or replacement are not able to make the product compliant with the contract.
- The manner of remediation shall be considered disproportionate if, compared with the other option, it imposes unreasonable costs upon the seller, taking into account the value that the product would have if there were no lack of compliance, the relevance of the lack of compliance and whether the alternative manner of remediation could be implemented without significant inconvenience to the consumer and CUSTOMER.
- To determine whether the costs are unreasonable, the expenses corresponding to one manner of remediation should, furthermore, be considerably higher than the expenses corresponding to the other manner of remediation.
Medications are not refundable with the exception of:
- Medications supplied erroneously.
- Medications that do not correspond to the order.
- Medications that have been damaged during transport.
- Medications affected by a warning due to a quality defect or pharmacovigilance, or if a withdrawal order has been established by the Spanish Agency of Medicines and Medical Devices.
As established in Articles 3, 9 and 13 of Royal Decree 544/2016 of 25 November regulating distance sales to the public of medications not subject to veterinary prescription, veterinary medications are not refundable except in the case of errors attributed to Brandstory, S.L., due to deterioration during transport or withdrawals from the market due to health warnings.
Article 120. Legal framework of the repair or replacement of the product.
Repair and replacement are subject to the following rules:
- They shall be free of charge for the consumer and user. Said free service shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially the shipping expenses, as well as the costs associated with manual labour and materials.
- They should be carried out within a reasonable timeframe and without significant inconvenience to the consumer and user, taking into account the nature of the products and the purpose they serve for the consumer and user.
- The repair of the product suspends the periods referred to in Article 123. The suspension period shall commence from the time the consumer and user places the product at the disposal of the seller and shall end with the delivery of the repaired product to the consumer and user. During the six months subsequent to the delivery of the repaired product, the seller shall be responsible for the defects that gave rise to the repair, assuming it is the same defect occurring when faults of the same origin as those initially exhibited are reproduced in the product.
- If, upon completion of the repair and delivery of the product, it still does not comply with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, a reduction in price or the termination of the contract subject to the terms stipulated in this section.
- Replacement suspends the time periods referred to in Article 123, from the exercise of the option by the consumer and user to the delivery of the new product. In any case, Article 123.1, second paragraph shall apply to the substitute product.
- If the replacement is not able to make the product compliant with the contract, the consumer and CUSTOMER may demand the repair of the product, unless this option is disproportionate, a reduction in price or the termination of the contract subject to the terms stipulated in this section.
- The consumer and user may not demand the replacement in the case of non-expendable products, nor in the case of second-hand products.
Article 121. Price reduction and termination of the contract.
The price reduction and termination of the contract shall take place, at the discretion of the consumer and user, if they cannot demand the repair or replacement, and in the cases in which these have not been carried out within a reasonable period or without significant inconvenience to the consumer and user. The termination shall not take place if the lack of conformity is of minor importance.
NOTE pursuant to Art. 108.2: The user is informed that they shall only be responsible for the decrease in value of the products resulting from any handling of these other than that necessary to establish the nature, features and operation of the goods. Under no circumstances shall they be responsible for the decrease in value of the products if the business owner has not informed them of their right of withdrawal according to Article 97.1.i).
Article 122. Criteria for price reduction.
Price reduction shall be proportionate to the difference existing between the value that the product would have had at the time of delivery if it had been compliant with the contract, and the value that the effectively delivered product had at the time of said delivery.
Article 123. Time Periods.
- The seller is responsible for any lack of conformity that may manifest itself within a period of two years from the delivery. For second-hand products, the seller and the consumer and CUSTOMER may agree upon a shorter period, which may be no less than one year from the time of delivery. In the absence of proof to the contrary, it will be presumed that any lack of conformity that becomes apparent within six months from the delivery of the product, whether new or second-hand, already existed when the item was delivered, except where this presumption is incompatible with the nature of the product or the lack of conformity.
- Unless proven otherwise, delivery will be considered made on the day shown on the invoice or purchase receipt, or on the corresponding delivery note, whichever comes later.
- The seller is obliged to submit, to the consumer or CUSTOMER exercising his or her right to repair or replacement, documentary evidence of the delivery of the product, indicating the date of delivery and the lack of conformity giving rise to the exercise of the right. Similarly, together with the repaired or replaced product, the seller shall submit to the consumer or CUSTOMER documentary evidence of the delivery, indicating the date thereof and, as the case may be, the repair carried out.
- The right to claim compliance with the provisions in section II of this document shall lapse three years after the delivery of the product.
- The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this deadline shall not result in the loss of the right to corresponding remediation; nevertheless, the consumer and CUSTOMER shall be liable for the damages or losses resulting from the delay in the communication. Unless proven otherwise, it shall be understood that the communication of the consumer and user took place within the established period.
Article 124. Claim against the producer.
If it is impossible or represents an undue burden for the consumer and user to address the seller due to the lack of conformity of the products with the contract, they may bring a direct claim against the producer with the aim of obtaining the replacement or repair of the product.
In general, and without prejudice to the fact that the responsibility of the producer ends, for the purposes of this document, in the same periods and conditions as those established for the seller, the producer shall be responsible for the lack of conformity if it is related to the origin, identity or suitability of the products, in accordance with its nature and purpose and the standards that regulate it.
Whoever has borne responsibility towards the consumer and user shall have a period of one year to take action against the entity responsible for the lack of conformity. Said period begins from the moment in which the remediation was completed.
- APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly provided for. The Lanners and the CUSTOMER agree to submit to the Courts and Tribunals of the domicile of The Lanners any dispute that may arise from the provision of the products or services covered by these conditions.
In the event that the CUSTOMER’s domicile is outside Spain, The Lanners and the CUSTOMER expressly renounce any other forum and submit to the dispute settlement body, which shall act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to seek redress before the courts of justice. For more information, consult Clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these terms and conditions.