Terms and Conditions of Sale

ANTONIO PUIG, S.A. (hereinafter, “APSA” or the “Company”) is a Spanish company whose registered office is located in Barcelona, Plaza Europa 46-48, Hospitalet de Llobregat, 08902, incorporated into the Barcelona commercial register under number A08158289, with a company capital of and whose corporate purpose consists in creates, designs and sells cosmetics and perfumes.

For further information, any question, request or help you may need, you may contact us at: [email protected].

These are the general terms and conditions of sale of the Company (hereafter the “Terms and Conditions of Sale”) which apply to any sales by Company and purchases by final consumers (for personal use only) of products carrying the Company's trademarks (hereafter the “Products”) offered for sale on the Company's website https://eu.drsturm.com/ (hereinafter the "Website").

This Website is controlled and operated by APSA from Spain and aims to target international consumers located in the following countries:

Belgium, Bulgaria, Croatia, Cyprus (only Akrotiri and Dhekelia), Czech Republic, Denmark (excluding Faroe Islands and Greenland), Estonia, Finland (excluding Åland Islands), France (excluding Guadeloupe, French Guiana, Martinique, Réunion, Mayotte and Saint-Martin, French Polynesia, St. Pierre et Miquelon, Wallis and Futuna, Saint Barthélémyn), Greece (excluding Mount Athos), Hungary, Ireland, Italy (excluding Livigno, Campione d’Italia, and Lake Lugano), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands (excluding Nederlandse Antilles), Norway, Poland, Portugal (excluding Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding Canary Islands, Ceuta, and Melilla), and Sweden.

Note that certain regions within these countries are excluded.

Also note that the Company does not ship to P.O. Boxes, Military Bases, General Delivery and in the following countries and territories:

Afghanistan, Austria, Canada, Central African Republic, China, The Democratic Republic of Congo, Cuba, Germany, Haiti, Hong Kong, Iran, Iraq, Lebanon, Libya, Macao, Mali, Mexico, Myanmar, Nicaragua, North Korea, Russia, Somalia, South Sudan, Sudan, Switzerland, Syria, Turkey, Ukraine, United Kingdom, United States of America, Venezuela, Yemen and Zimbabwe.

You are responsible for ensuring that you are a resident of a country and region that can receive deliveries of Products. If you do not reside in any of these countries, you will be responsible for organizing the collection or shipment of your Product(s) in or from any of the countries where the Company offers the delivery of its Products on the Website.  

All sales of Products carried out through the Website are subject to these Terms and Conditions of Sale, which the customer expressly accepts when placing any order(s). Euro remains the applicable currency for all and any orders placed by consumers irrespective of their location.

These Terms and Conditions of Sale may be modified or updated by Company at any time; the Terms and Conditions of Sale applicable to an order placed by a customer are those in force on the day on which the order is placed. For clarity, the Terms and Conditions of Sale applicable to orders subject to subscriptions are those in force on the day on which the subscription is requested by the customer. Please refer to Article 5 for additional information regarding orders placed under subscriptions.

These Terms and Conditions of Sale form an integral whole with our General Terms and Conditions of Use, our Privacy Policy and our Cookies Policy.

While taking the utmost care to ensure the maximum degree of accuracy as regards the information on the Products (categories, names, reproduction, pictures, descriptions, properties, characteristics and composition, etc.) offered for sale on the Website, and regularly updating said information, descriptions and data, the Company cannot exclude any non-substantial errors.

Furthermore, although photographs and other reproductions of the Products for sale shall represent them faithfully on the Website, within the limits of the available techniques, they may nevertheless contain non-substantial errors.

Products are offered for sale within the limits of their availability. If, despite the Company's vigilance, the Products ordered are permanently not available, the Company shall immediately inform the customer of this by any appropriate means (telephone or e-mail) as soon as possible and shall promptly refund the customer the amounts paid in relation to the order.

4.1 General

The Products offered on this Website are intended for final consumers established in the countries and territories set forth in Article 2, excluding the regions set forth in Article 2.

The Products are sold to end-consumers for private and personal use only. The Company expressly prohibits purchase for business or re-sale purposes. The Company will not be responsible for any loss of profits or business in relation with any resale activity carried out by customer.

In order to place an order on the Website, the customer must have reached the age of majority, enjoy legal capacity and hold a debit or credit card or any other payment instrument accepted on the Website (as indicated at the time of validating the order).

The customer undertakes to ensure that all the information communicated to the Company via the Website in the context of his/her order is compliant with these Terms and Conditions of Sale, accurate and up to date. Failing this, the Company reserves the right to cancel the order and the corresponding payment.

The Company will not be responsible for any consequences resulting from inaccurate information provided by the customer.

It is expressly agreed between the Company and the customer that the Company may retain any customer e-mails or other information provided by Customer.  

The Company will also be entitled to refuse any order: (i) placed by a customer with whom there is an outstanding dispute relating to the payment of any previous order; or (ii) that is not compliant with these Terms and Conditions of Sale.

Please refer to Article 5 for orders placed under subscriptions

4.2 Place an order

• Step n°1: Selection of the Products

On the Website, the customer selects the Product(s), the required quantity and, as the case may be, the relevant size or format, and adds the selected Products to its shopping cart by clicking on the “ADD TO CART” button.

• Step n°2: Verification of the selected Products

The customer may freely modify their online “ADD TO CART” containing the Products selected, remove a Product initially selected, modify the quantities ordered or alternatively add a Product to their online “ADD TO CART”. The price of the Products selected will be automatically displayed in the “ADD TO CART”. The availability and prices of the items contained in the shopping cart are subject to change, and the customer shall be bound by the availability and final price applicable at the time the “GO TO CHECK OUT” option is selected.

• Step n°3: Order validation

Once the customer has made their selection and wishes to validate the contents of their “SHOPPING CART” they must click the “VIEW CART” or “GO TO CHECKOUT” button and then, identify themselves as follows:

• If he/she has an account on the Website: by entering his/her login and password;

• If he/she has an account Google: by entering his/her Google login and password;

• If he/she does not have an account on the Website: by his/her name, address to which the order will be invoiced to him/her, telephone number.

The customer must validate:

• the delivery address

• the billing address of payment method used for purchase

• the shipping method opted for

• the chosen payment method

At this stage, if available, the customer could add a promotional code (e.g., WELCOME10) which would apply a promotion. Promotions might be a discount, a gift with purchase (GWP), or another perk. Please check Article 10 of these Terms and Conditions of Sale for additional information regarding discount codes, offers and promotions.

The customer must abide by the terms and conditions of the offer (e.g., first order only, non-stackable, minimum order quantity, etc). If the promotion’s conditions are not met (e.g., an item is removed from the basket bringing order total below minimum required), the promotional code will automatically be removed/invalidated.

Once all this information has been duly fulfilled and validated, the price of the Products, and, as the case may be the extra shipping costs and sales tax as applicable, will be automatically displayed on the Website and the customer must click on the “PLACE ORDER” button.

After communicating the required payment information, the customer can review the order. If a customer wants to change any of the information, they have a chance to go back and edit the delivery address, shipping method or chosen payment method. If the information is correct, the customer can then click on the "PLACE ORDER" button in order to process payment. 

The customer must expressly accept these Terms and Conditions of Sale, to which the customer finds an express link, by checking the box "I agree with Terms and Conditions" and submit his/her binding offer.

Once payment has successfully been processed the customer will then see his/her order number displayed.

• Step n°4: Acknowledgement of receipt of the order

The Company will acknowledge having received the order by means of an e-mail sent to the email address communicated by the customer. This confirmation e-mail will contain the ordering and customer information and/or, where relevant, any difficulties concerning the order (availability of the Products, delivery timeframes or payment difficulty).

The order is final once a confirmation e-mail without reservations has been sent to the customer.

• Step n°5: Dispatching of the Product(s)

At the time of dispatching the Products to the delivery address chosen by the customer the Company will generate an email informing customer of said dispatch.

The Company offers a subscription service that allows customers to receive regular shipments of selected products at a frequency of their choosing. By subscribing to this service, the customer agrees to the following terms:

5.1. Subscription Enrollment

Customers may opt into the subscription service when purchasing a product on the Company’s Website, either through the Product Detail Page (PDP) or during checkout. Customers can choose to receive shipments at intervals of 1 month, 2 months (recommended), or 3 months. The subscription period begins on the date of the first order, with subsequent orders placed automatically based on the selected frequency. For example, if a customer subscribes on September 20 with a 2-month frequency, the next order will be placed on November 20.

5.2. Communication

Upon subscribing, customers will receive a Welcome Message containing details about their subscription. During the subscription period, the Company may send the following communications:

• Order reminder emails: Customers will receive a reminder 10 days before their next order is placed, allowing them to make any desired changes.

• Order rejection emails: If an order cannot be processed due to payment issues or other reasons, customers will be notified.

• Out of stock emails: If the subscribed product is out of stock, the Company will attempt to place the order for 30 days. If the product remains unavailable, the order will be canceled, and the next recurring order will be processed according to the subscription schedule.

• Cancellation notifications: Customers will be notified if they cancel their subscription.

• Reactivation notifications: Customers will be notified if they reactivate a canceled subscription.

5.3. Payment Method

At the time of subscription, customers will create an account and input their payment information, which will be securely stored in the Company’s payment system. The Company does not store payment details directly but transmits orders for processing based on the customer’s chosen subscription frequency. Payment will be automatically charged at the time of each recurring order.

5.4. Billing Dates

Billing occurs on the date the order is placed, which corresponds to the frequency selected by the customer during subscription. The first order is billed at checkout, and subsequent orders will be billed according to the chosen interval. Billing dates may be adjusted under the following circumstances:

• Payment issues: If an order is rejected due to a payment issue, the Company will attempt to process the payment for 15 days. Once successful, the new billing date will be set based on the interval selected from the successful payment date.

• Customer-initiated changes: Customers can adjust the next order date through their subscription manager. The new billing date will reflect the updated order date.

• Out of stock items: If a product is out of stock and the order cannot be placed, the new billing date will be when the order is successfully processed. Subsequent billing dates will follow the originally selected frequency from the date of the successful order.

5.5. Cancellation and Subscription Management

Customers may cancel their subscription at any time by logging into their account and navigating to the subscription management section. From there, they can select the "cancel" option. Customers may also make the following adjustments:

• Modify the subscription frequency

• Change the next order date

• Swap the subscribed product (if available)

Cancellation or modification of the subscription will not affect orders for which a shipping confirmation has already been received.

5.6. Termination of Subscription

Without affecting consumers’ rights, and to the maximum extent permitted by applicable law, the Company reserves the right to terminate or modify the subscription service. Customers will be notified of any material changes or termination within thirty (30) calendar days in advance. If the customer does not accept the changes introduced by APSA, the customer will be allowed to cancel his/her subscription before the modification becomes applicable to him/her.

he prices displayed on the Website are given in Euros (€) and include any applicable sales tax. Once customer has entered their delivery address, the final price, including any applicable sales tax, will be displayed.

The amount of the delivery or extra transport costs, if any, will be automatically displayed on the Website at the time of the validation of the order.

The prices of the Products are those in effect on the date of placing the order.

The Company try very hard to ensure that all information on this Website is accurate. However, just occasionally, an error can occur. If the Company discovers an error in the price or description of a Product you have ordered, the Company will tell you and ask you whether you wish to continue with your order at the correct price or cancel it. The Company may also in its sole discretion choose not to provide you with the Product or service if there has been an error in its description or price. The Company are not obliged to supply Products at the incorrect price.

The Company reserves the right to adjust prices, offers, Products and its specifications at its sole discretion at any time. Any adjustment in price will not affect the price of any Products which you have already ordered and which the Company has accepted.

The customer's purchases must be paid credit or debit card. The following payment cards are accepted by the Company: Visa, Mastercard, American Express, PayPal, Apple Pay, Google Pay and Klarna or any other payment method indicated on the Website, at the moment of the transaction.

By completing a transaction on the Website, customer is providing consent for their card to be charged. The customer's payment card will then be debited after verification of its identification and banking information. If, for any reason whatsoever, the payment is declined, the order will not be registered by the Company and will be cancelled.

The Company reserves the ownership of the Products until the full price of the Products has been paid to the Company, i.e. once the payment by customer has been successfully made.

Products will be delivered to the delivery address indicated by the customer at the time of placing the order using the delivery method specified, provided that such delivery address is located in one of the countries where the Company offers delivery of its Products (see Article 2). The Company bears no responsibility for any missing/erroneous delivery information provided by Customer.

The Products ordered will be dispatched by the Company by a postal carrier or parcel delivery service of its selection for delivery on the date or within the timeframe indicated on the Website and in the confirmation e-mail. In the event delivery within the estimated time frame is not possible, the Company will inform customer of such delay and will propose another delivery date or provide alternative options.

The Company shall not be liable for any delay or failure to comply with its obligations under these Terms and Conditions of Sale if such delay or failure arises from circumstances beyond the Company’s reasonable control. This provision does not affect the consumer's right to receive the product within a reasonable time.

Title to the Products shall be transferred to the customer upon delivery.

The customer may elect to return any items ordered on the Website within the following periods: 30 calendar days from the receipt of the Products by customer, or in case of multiple Products purchased in one order, 30 calendar days from the receipt of the last of the Products.

Procedure for returning Products:

Products cannot be returned in-store. Products can only be returned using one of the following methods:

• by following the steps of the return procedure required by the Company, as described on the Website;

• by mail or courier, at his/her own expense. Customer is advised to keep any proof of having returned Products, which presupposes that the Products will be returned by the customer by recorded delivery or any other means that allows proof of a specific date of return.

The customer will bear the direct costs of returning such items and will be liable for any diminished value of the returned goods resulting from handling the items (except when such handling was necessary to establish the nature, characteristics, and functioning of the items).

The return of the Products must be made by the customer:

• customer must notify the Company of their decision to return the Products via email at [email protected].

• customer must return the Products within thirty (30) calendar days customer notifying the Company of customer’s decision to return the Products;

• customer must return the Products in their original packaging, in perfect condition, unused, and accompanied by all the accessories and documents provided with them at the time of delivery (notice, warranty, certificate of authenticity, etc.) and the delivery slip enclosed with the Products delivered.

The Company does not assume ownership of the returned product until it is received at the return address.

Reimbursement for the price invoiced for any Products returned will be processed by crediting original payment method used for the purchase. Refund will be completed within (14) days from the date the Company receives the returned Product.

The Company will not accept (i) any personalised, revised or altered Products, (ii) any Products that are in a damaged, used, incomplete or soiled condition for exchange or return, nor (iii) any Products that are not eligible for return for hygiene or health protection reasons if they have been unsealed after delivery.

Where permitted under applicable law, all items marked as "final sale" on the Website are ineligible for return, refund or exchange.

Customers located in the EU have a post-sale warranty of three years (customers in other Member States of the European Union, except where exceptions apply, generally have a legal warranty of two years) from the date of delivery of the product, for the repair or replacement of products purchased from the Company if they are defective or not as advertised. The consumer may request a refund or a price reduction if the product has not been repaired or replaced within a reasonable time.

The Legal Warranty applies independently from any commercial warranty provided.

What is the Legal Warranty?

The Legal Warranty is the warranty on the sale of consumer goods and the supply of digital content or services established by European Directives 2019/771 and 2019/770, transposed into national legislation of Member States, also known as the "conformity warranty". It protects the customer when the goods, content, or digital services purchased do not conform to the sales contract.

This occurs when the goods, content, or digital services (a) do not match the description, type of good, quantity, and quality assured by the Company; (b) lack the functionality, compatibility, interoperability, durability, safety, and other features as advertised by the Company or included in the contract, or those typically found in goods of the same type that could be reasonably expected; (c) do not function properly or are not fit for the purposes normally expected of products of the same type; (d) are not delivered with the accessories (including packaging) and instructions the customer can reasonably expect for installation, integration, or customer assistance; (e) are not provided with updates (in the case of goods) or are not updated as agreed (in the case of digital content or services).

If the contract provides for the continuous supply of digital content or services over a period, the Legal Warranty will extend for the entire duration of that period.

Who is entitled to the Legal Warranty?

The Legal Warranty is a right granted exclusively to consumers, i.e., those purchasing products for non-professional use.

Against whom can the Legal Warranty be enforced?

Consumers are entitled to enforce the Legal Warranty against the seller from whom the product was purchased (in this case, the Company), regardless of whether the seller is the manufacturer.

What rights do customers have under the Legal Warranty?

If the goods, content, or digital services purchased are defective under the Legal Warranty, the customer is entitled to request the repair or replacement of the defective product at no cost. Alternatively, the customer has the right to a price reduction or contract termination in the following cases: (a) if repair or replacement is not possible or is excessively costly; (b) if the seller does not repair or replace the product within a reasonable time or declares it will not do so without undue inconvenience to the customer; (c) if a lack of conformity arises after an initial attempt to bring the goods or digital services into conformity; or (d) if the lack of conformity is sufficiently serious to justify a price reduction or contract termination.

The use of the product will be considered when determining the price reduction or refund to which the customer is entitled. However, a minor defect that makes repair or replacement impossible or excessively costly does not entitle the customer to terminate the contract.

Any corrective measures to bring the goods, content, or digital services into conformity shall be free of charge, including any necessary expenses incurred to ensure the goods are brought into conformity, particularly shipping, transport, labor, or material costs in the case of goods.

If, as described above, contract termination is appropriate, the customer must return the purchased goods to the Company at no cost. Once the goods are received by the Company, or proof of return is provided, the purchase price will be refunded.

How long does the Legal Warranty last, and what must the customer do to enforce it?

The Legal Warranty covers defects of conformity that arise within three years from the delivery of the product. Customers are advised to always retain the purchase receipt.

Unless proven otherwise, if the defect in the product appears within two years of delivery or within one year of the supply of digital content or services, it is presumed that the defect existed at the time of delivery or supply.

Under no circumstances shall the restitution, exchange or reimbursement be requested and/or performed in a physical store.

Consumers located outside the European Union will enjoy the legal warranties set out by their corresponding local laws. This Terms and Conditions of Sale shall not affect your rights as a consumer as granted by your local laws.

You may occasionally receive discount codes from us, via email or through promotional materials. Each code is unique to the recipient, is not transferable, has no monetary value and cannot be converted into currency. A code may have an expiration date, which will be stated at the time of promotion or on accompanying promotional materials that cannot be modified.

When an order containing multiple items is placed using a promotional code, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item purchased in such an order will be reduced by the value of discount attached to it. The discount cannot be refunded.

The value of a discount code cannot be deducted from an order if that code is defective or out of date: no replacement codes will be issued.

Only one discount voucher may be used per order.

Category and product exemptions may apply for discounts and promotions. All goods purchased from the ‘Sturm Candy Shop’ and ‘Exclusive Sets’ sections are exempt from all discounts, offers and promotions, unless stated otherwise.

We do not do price adjustments on any sale items.

BSMC's legal venue is Düsseldorf.

All intellectual and industrial property rights related to the content, design, and source code of the Website, including but not limited to the trademarks, logos, trade names, designs, images, texts, graphics, photographs, software, databases, and other elements displayed on the Website (collectively, the "Intellectual Property Rights"), are the exclusive property of the Company or have been licensed to the Company by their respective owners.Nothing herein shall be construed as granting customer any right, title or interest in or to the Intellectual Property Rights.

The use, reproduction, distribution, public communication, transformation, or any other form of exploitation, whether for commercial or personal purposes, of any of the elements protected by the Intellectual Property Rights, without the prior express written consent of the Company, is strictly prohibited. Additionally, the customer undertakes not to download, disseminate, reproduce or modify the Website, either in whole or in part, in any form whatsoever.

The customer undertakes, more generally, to read and comply with the Terms and Conditions of Use of the Website, accessible by clicking on following link, and to access and use the Website in accordance with the terms set out therein.

The Company collects the following personal data: customer's name, e-mail address, telephone number, the address of the customer's usual place of residence, the delivery address, and payment card information.

The personal data collected is limited to such data strictly necessary to register the customer on the Website and/or process customer order(s). Customer's personal data may be communicated to third parties contracted with the Company to provide services necessary to register customer on the Website and process any order(s).

Personal data collected by the Company is governed by the Company’s Privacy Policy.

To the maximum extent allowed by applicable law, and without affecting your rights as a consumer, the Company shall not be liable for (i) any losses not attributable to a breach on its part, (ii) business losses (including loss of profit, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the sales contract for the products was concluded.

The laws of certain countries may not allow some or all of the limitations of liability set forth above. If such laws are applicable, some or all of these limitations may not apply to you. Furthermore, such laws may grant you additional rights beyond those provided herein.

Nothing in these Terms and Conditions of Sale shall limit or exclude the Company’s liability in the event of misrepresentation, or for death or personal injury caused by the Company’s negligence or willful misconduct.

Consumers are entitled to the conformity guarantee under applicable law, which requires the delivered products to conform to the contract (Legal Warranty). For more information on the Legal Warranty, please refer to Article 9.