Privacy policy
RETURNS POLICY
The PROVIDER establishes, without prejudice to the provisions regarding the right of withdrawal, a returns policy applicable during the thirty (30) days following receipt of the shipment, only in the following cases:
A) Returns of Products Due to Shipping Error
If you have received a product different from the one purchased due to an error by the PROVIDER, we will send you the correct product as soon as possible.
If the error is not attributable to us, the return of the product will not be accepted, and the USER will be responsible for correctly completing their personal and order details.
B) Returns of Defective or Damaged Products
If the item is damaged or defective, the customer must contact the PROVIDER as soon as possible via email at info@soniafolache.com.
Returns will not be accepted, without prejudice to the provisions on the right of withdrawal, for items on sale or items purchased using a gift card.
If the item is damaged, the USER may choose between:
- termination of the contract, which implies returning the item and receiving a full refund of the amount paid; or
- replacement by another product of the same quality and characteristics.
In the event of replacement, this will be carried out as soon as possible and, in any case, within 30 calendar days from the date on which the USER reported the issue.
Likewise, in the event of defects or deterioration caused by external events, force majeure or accidental circumstances, the PROVIDER cannot be held responsible.
Regardless of the reason for the return, it must be previously authorised, and the following conditions must be met:
- Products must be returned within 14 calendar days from the date the order was received by the user.
- Products must be returned in the same condition in which they were received, with all tags and original packaging intact, and accompanied by the receipt or proof of purchase, in order for the return to be accepted.
- Items must be sent by courier in secure packaging. The guarantees applicable under the right of withdrawal do not apply to this return regime.
- Please note that returns must be sent to the following address:
Paseo de la Castellana 124, 28046 Madrid, Spain.
Once the returned product has been received, and provided that the conditions set out in this section are met, the PROVIDER, if the return is accepted, will proceed to refund the price of the product within a maximum of ten (10) business days, using the same payment method used for the purchase.
Unless the return is due to a shipping error attributable to the PROVIDER, only the price of the product will be refunded, not the shipping costs, which shall be borne by the user.
In the case of products purchased under offers or discounts, the amount refunded will be the price actually paid at the time of purchase, not the price of the item at the time of the refund.
If ten business days elapse without you having received the refund, you may contact us at info@soniafolache.com.
EXCHANGE POLICY
The PROVIDER also offers its users an exchange policy, under the same conditions as those established for returns.
RIGHT OF WITHDRAWAL
Without prejudice to the above regarding the returns policy, users residing in the European Union may exercise their right of withdrawal within 14 calendar days.
During this period, the user may cancel or return their order without any additional cost other than the shipping costs incurred by the user in sending the product back to the PROVIDER’s address.
The PROVIDER will refund the amount paid by the user, excluding, where applicable, the delivery costs paid during the purchase process, if any, and will do so without undue delay. The refund may be withheld until the items in respect of which the right of withdrawal has been exercised have been received.
You may exercise your right of withdrawal for any reason by emailing info@soniafolache.com, clearly stating that you wish to exercise this right and specifying the product(s) concerned.
The user must return the product within 14 calendar days from the date on which the withdrawal was communicated.
The item must be in perfect condition and in its original packaging. Items returned incomplete will not be accepted. Under no circumstances will the PROVIDER be responsible for damage or loss that may occur during the return shipment made by the customer.
The product must be sent to the following address:
Paseo de la Castellana 124, Madrid.
However, it should be noted that the right of withdrawal is not absolute. There are a number of exceptions to this right set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. These include, among others:
- Services that have been fully performed or whose performance has already begun, where the consumer previously gave their consent and acknowledged that once the service had been fully performed they would lose the right of withdrawal.
- Goods or services whose price depends on fluctuations in the financial market beyond the trader’s control that may occur during the withdrawal period.
- Customised goods or goods made to the consumer’s specifications.
- Goods that are liable to deteriorate or expire rapidly.
- Sealed goods that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.
- Goods which, by their nature, are inseparably mixed with other items after delivery.
- Alcoholic beverages whose price was agreed at the time of the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations beyond the trader’s control.
- Where the consumer has specifically requested an urgent repair or maintenance visit, if the trader provides services in addition to those specifically requested or supplies spare parts other than those necessary to carry out the repair or maintenance, the right of withdrawal shall apply to those additional services or goods.
- Newspapers, periodicals or magazines, with the exception of subscription contracts.
- Contracts concluded at a public auction.
- Provision of accommodation for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, where the contracts provide for a specific date or period of performance.
- Digital content not supplied on a tangible medium where performance has begun with the consumer’s prior express consent.
Therefore, if any of the products offered fall within one of these exceptions, the user is hereby informed that the general right of withdrawal will not apply to such products.
LIMITATION OF LIABILITY
The PROVIDER does not guarantee that the availability of the service and the website will be uninterrupted or error free. The website may suffer occasional downtime or temporary closures for maintenance, during which the purchasing service will also be unavailable.
Furthermore, the PROVIDER reserves the right to cease its activity at any time, deactivate the website and stop making its products available to users.
APPLICABLE WARRANTIES
In accordance with the criteria and conditions set out in Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the products and services offered on this website do not carry a specific post-sale warranty regime, insofar as they are not products containing digital content that would trigger the special legal warranty framework.
PRIVACY POLICY
We kindly ask you to read this Privacy Policy carefully, as it describes how we use the personal data you provide to us, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), Organic Law 3/2018 of 5 December on Personal Data Protection and Digital Rights (LOPDGDD), and any other applicable regulations.
Our aim is to provide transparent and easily understandable information. If, after reading this Policy, you have any questions, you may contact us through any of the communication channels indicated, and we will be happy to assist you.
I. DATA CONTROLLER
Data Controller: SONIA FOLACHE (hereinafter, the “Data Controller” or the “Controller”).
Address: Paseo de la Castellana, nº 124, 28046 Madrid.
Data protection contact:
– Postal address: as indicated above.
– Email: info@soniafolache.com
II. PRINCIPLES APPLICABLE UNDER THE GDPR
We undertake to process the personal data (hereinafter, the “Data”) you provide in accordance with the principles set out in the GDPR:
-
Lawfulness, fairness and transparency:
We will only process your personal Data when there is a valid legal basis (consent, performance of a contract, legal obligation, protection of vital interests, public interest or legitimate interest of the Controller).
You will be clearly and previously informed of the existence of the processing and its purposes. -
Purpose limitation:
We will only collect your personal Data for specific, explicit and legitimate purposes, and will not further process them in a way that is incompatible with those purposes. -
Data minimisation:
We will only request Data that are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. -
Accuracy:
We will keep your personal Data accurate and up to date, taking all reasonable steps to ensure that inaccurate Data are erased or rectified. -
Storage limitation:
We will keep your Data for no longer than is strictly necessary for the purposes of the processing, and thereafter duly blocked for the applicable limitation periods. -
Integrity and confidentiality (security):
We apply appropriate technical and organisational measures to ensure a level of security appropriate to the risk, preventing unauthorised access, loss, alteration or any unlawful processing.
In addition, any person whose Data have been collected may exercise the rights of access, rectification, erasure, restriction of processing, objection, portability and not to be subject to automated individual decisions. The exercise of these rights is free of charge, and requests will be dealt with within a maximum period of one month, which may be extended by two further months in cases of particular complexity or a high number of requests.
III. USER CONSENT
Completing any of our contact forms, after accepting this Privacy Policy, implies the user’s unequivocal consent to the automated processing of their Data under the conditions set out herein.
Consent will likewise be deemed granted when the user contacts us through any of the channels enabled on the website (such as info@soniafolache.com or any alternative address), as this constitutes a clear and affirmative act.
With regard to the purchase of items offered on the website, the processing of personal Data will be governed, in addition to this Privacy Policy, by the Terms and Conditions, which must be accepted beforehand and which regulate the rights and obligations of the parties in the commercial relationship.
In all cases, the Data collected will be the minimum necessary to fulfil the corresponding purpose (for example, request for information, order processing, invoicing, etc.).
The user may withdraw their consent at any time by using any of the contact means made available.
IV. PURPOSES OF THE PROCESSING
The personal Data we process will mainly be used for the following purposes:
-
Handling information requests:
To handle and manage queries, requests or communications made by the user through the website or other channels. -
Order management and contractual relationship:
In the event of the purchase of products offered on the website (standard pricing, exclusive offers, made-to-order designs, etc.), to: - Properly manage the order.
- Carry out the corresponding administrative, accounting and tax management.
-
Integration with Shopify services:
We may improve your shopping experience by allowing Shopify to link your account to other Shopify services you choose to use. In such cases, Shopify will process your information in accordance with its own Privacy Policy and Consumer Privacy Policy. -
Marketing and advertising:
We may use your personal Data for promotional and marketing purposes, such as: - Sending commercial and promotional communications by email, SMS or postal mail.
- Showing you product or service ads, tailoring advertising as far as possible to your interests, both on our website and on third-party websites.
If you are a resident of the EEA, the legal basis for this processing is our legitimate interest in marketing our products (Art. 6.1.f GDPR). In any case, you may object at any time to receiving marketing communications.
-
Security and fraud prevention:
We use your Data to detect, investigate and act against potential fraudulent, unlawful or malicious activities.
If you decide to register an account, you will be responsible for maintaining the confidentiality of your login details. In case of suspected unauthorised access, you must contact us immediately.
For EEA residents, the legal basis is our legitimate interest in maintaining the security of the website and services (Art. 6.1.f GDPR). -
Communications and service improvement:
We use your Data to provide you with customer support and to improve our services, based on our legitimate interest in handling queries and incidents and maintaining the commercial relationship (Art. 6.1.f GDPR).
Depending on the purpose, we may collect, among others, the following Data:
- Contact details: name, postal address, telephone, email.
- Order details: name, billing address, shipping address, payment confirmation, email, telephone.
- Account details (where applicable): username, password, security questions and other security-related data.
- Customer service data: any information voluntarily included by the user in their communications with us.
Restricted Area / Shopping Cart Policy
User registration is not mandatory to complete an order. However, if the user wishes, the Controller will allow them to create an account by entering the necessary login details (account name, username and password).
The user is solely responsible for safeguarding their access credentials and for any damages that may arise from their misuse, loss or access by unauthorised third parties.
The Controller reserves the right to accept or reject any registration request. The data provided by users must be accurate, current and truthful, and will be processed in accordance with the applicable data protection regulations.
V. DATA RETENTION PERIOD
Data will be kept for as long as is strictly necessary to:
- Handle the specific request (information, order management, etc.).
- Maintain the contractual relationship arising, where applicable, from the purchase made.
Once the Data are no longer necessary for the purpose for which they were collected, and provided there is no consent to their further retention, they will be blocked for the applicable limitation periods arising from the processing and/or legal obligations, and will only be made available to the competent authorities for the purpose of dealing with any liabilities.
“Blocking” of Data, pursuant to Art. 17.3 GDPR, means that they will be kept but not processed or accessible by the Controller, except for the purpose of addressing potential legal liabilities. Once the relevant limitation periods have elapsed, the Data will be definitively erased.
VI. LEGAL BASIS
We process your Data on the following legal bases:
- Consent of the data subject (Art. 6.1.a GDPR), for contact forms, commercial communications and other cases where expressly requested.
- Performance of a contract or taking steps prior to entering into a contract (Art. 6.1.b GDPR), in relation to order management and provision of associated services.
Providing personal Data is necessary to correctly handle your request. Refusal to provide the requested Data or to accept this Policy will make it impossible to process requests submitted via this website.
VII. RECIPIENTS
Who do we share your Data with?
Your Data will not be disclosed to third parties, except in the following cases:
- Where it is strictly necessary for the technical and operational management of the website or for order processing.
In this regard, the Controller will have the necessary data processing agreements and confidentiality clauses in place with any providers involved in the service (e.g. technology support companies, logistics providers). - Companies supporting our site and services, such as Shopify.
- Payment processors, which collect the necessary information (bank account, card details, billing address) to process the payment and manage the purchase.
- Third parties using online tracking technologies (pixels, cookies, SDKs, etc.) for technical and analytical purposes, in line with applicable law and the information provided in the relevant cookie policy.
Outside of these cases, Data may only be disclosed to competent public authorities, such as the Tax Agency, law enforcement authorities, courts and tribunals, where there is a legal obligation to do so.
VIII. DATA PROTECTION RIGHTS
How can you exercise your rights?
You may exercise your rights of access, rectification, objection, erasure, restriction of processing and portability by writing to:
info@soniafolache.com
If you are a customer, you may also withdraw your consent or object to receiving marketing communications at any time by sending an email to the address above.
If you believe your rights have not been properly respected, you may lodge a complaint with the Spanish Data Protection Agency (AEPD).
IX. MINORS
The website content is not directed at persons under 18 years of age.
Only users aged 14 or over may validly consent to the processing of their personal Data.
The Controller will take reasonable steps to try to verify users’ age but cannot be held liable for any non-compliance arising from false information provided by users.
X. SECURITY LEVEL
The Controller will implement the necessary technical and organisational measures to ensure the security of personal Data, avoiding loss, alteration or unauthorised access, in accordance with the GDPR.
In the event of a security breach that may affect users’ rights and freedoms, the Controller undertakes to notify the Supervisory Authority (AEPD) within a maximum of 72 hours, as well as the data subjects affected, as required by law.
If the user accesses third-party websites through links included in our services, the Controller cannot guarantee the security of such sites and accepts no liability for any damage that may arise from their use. This Privacy Policy applies solely to this website.
XI. CONFIDENTIALITY
Personal Data collected will be treated with absolute confidentiality.
The Controller undertakes to maintain secrecy regarding such Data and to adopt the necessary measures to prevent their alteration, loss, processing or unauthorised access, in accordance with applicable legislation.
The Controller also guarantees that appropriate confidentiality commitments will be signed with all persons involved in any phase of the processing of personal Data.
XII. INTERNATIONAL DATA TRANSFERS
An International Data Transfer is considered to be any communication of personal Data to countries outside the European Union and, in particular, the European Economic Area (EEA), except for those countries which the European Commission has declared as ensuring an adequate level of protection.
If, for the provision of services (for example, hosting on servers outside the EEA or technological services linked to order management), it becomes necessary to transfer Data outside the EEA, the Controller will ensure that Standard Contractual Clauses or other appropriate safeguards are in place, in accordance with the GDPR, and that the providers meet the minimum security and data protection standards.
XIII. USER RESPONSIBILITY
The user is solely responsible for the truthfulness and accuracy of the Data provided, as well as for keeping them up to date.
We kindly ask you to inform us of any changes or errors in your personal Data as soon as possible by emailing:
info@soniafolache.com