Terms and Conditions of Sale

PUIG NORTH AMERICA INC (hereafter “Puig NA” or the “Company”) is a New York company whose head office is located at 630 5th Ave, 32nd Floor, New York, NYC, NY 10111 with Tax ID number 13-1978157.

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

These are the general terms and conditions (hereafter the “Terms and Conditions of Sale”) which apply to any sales by the Company and purchases by end consumers in the United States of America (the “US”) and Canada, (for domestic and private, personal use only) of products carrying the Company’s trademarks (hereafter the “Products”) offered for sale on the website https://www.drsturm.com   (hereinafter the "Website").

Please note that the Company carries out delivery and return of its Products to US and Canada, but excluding P.O boxes, APO/FPO addresses, military bases, or US Possessions, Territories and Freely Associated States (American Samoa, Guam, Republic of the Marshall Islands, Federated States of Micronesia, Republic of Palau, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands)

If you do not reside in the US or Canada (including regions/territories where delivery is available only, please see the list above), you will be responsible for organizing the collection or shipment of the Product(s) in or form any of the territories/regions where the Company offers delivery of its Products in the US and Canada.

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).

These Terms and Conditions of Sale may be modified or updated by the Company at any time; provided that 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. The Company accepts no liability for any non-substantial errors that may occur.

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 of this by any appropriate means (telephone or e-mail) as soon as possible. In this case, the Company refrains from a declaration of acceptance and a contract is not concluded.

4.1 General

The Products offered on this Website are intended for end-consumers ordering directly from the Website in the US and Canada (for domestic and private, personal use only), excluding regions and territories set forth in Article 2.

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 Products are offered for sale on the Website to end consumers for their personal use only. The resale or other commercial purposes of the Products is prohibited.

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 Steps to 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”.

• 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, which must be in the US or Canada (regions where delivery is available only, please see above the list of excluded regions)

• the billing address of payment method used for purchase

• the shipping method opted for.

• the chosen payment method.

At this stage, the customer can add a promotional code e.g., WELCOME10, which will apply a promotion. Promotions might be a discount, a gift with purchase (GWP), or other perk.

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.

The prices displayed on the Website are given in USD ($). 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 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/or will be canceled.

The Company reserves the ownership of the Products until the full price of the Products has been paid to 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. 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. The Company accepts no liability for shipping delays, whether or not in the Company’s control. 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.

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. and/or in the return information notice that came with the order,

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

• within thirty (30) calendar days customer notifying the Company of customer’s decision to 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.

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 any personalized, revised or altered Products, or any Products that are in a damaged, used, incomplete or soiled condition for exchange or return.

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

If customer believes that the Products delivered are either defective, or are not the correct Products ordered, customer must take the following steps:

• inform the Company as soon as possible, but in no event later than 30 days, by sending an email to [email protected].

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

• the returned Product(s) must be in their original packaging, in perfect condition, unused, unopened and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the delivery slip enclosed with the delivered Product(s). Any personalized or altered products, or products that are returned damaged, used, incomplete, will not be refunded and will only be returned to you at your request and expense. If your return does not comply with the above terms and conditions, the Company will be unable to reimburse you for the cost of the Product(s).

• Provided the Company verifies that the Products are either defective or were not those the customer ordered, the Company will reimburse customer for all shipping costs by crediting the debit or credit card used for the order or offer replacement.

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

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.

The Company’s products and trademarks whether figurative or not, and, in general, any other trademarks, illustrations, images, designs, models and logos displayed on the Website, are and will remain the exclusive property of the Company. Any contents published on the Website are protected by copyrights.

Nothing herein shall be construed as granting customer any right, title or interest in the trademarks, copyrights, products, distinctive signs of the Company, and any intellectual property rights attached to thereto.

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.

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.