Terms and Conditions
Our terms and conditions of engagement
Introduction
WARNING: THE ENGLISH VERSION OF THE TERMS AND CONDITIONS IS FOR PURELY INFORMATIONAL PURPOSE. SHOULD ANY CONTRADICTION ARISE BETWEEN THE ENGLISH VERSION AND THE SPANISH VERSION, THE LATTER SHALL ALWAYS PREVAIL.
The present terms and conditions of engagement have been drawn up taking into account the Royal Legislative Decree 1/2007 of 16 November 2007 and its amendments regarding the consumer and user laws. They regulate the relationship between consumers (buyers through our website) and our company as owner of the website and as seller. Law No 7/1998, of 13 April on general terms and conditions of engagement that governs them, and the specific regulations that govern the seller's profession also apply.
In Asturias, the headquarters of WWW.SIROKO.COM is governed by DECREE 6/2005, of 19 January, which regulates the complaint forms available to consumers and users (Official Gazette of the Principality of Asturias: B.O.P.A. No. 25 of 1 February 2005). A model form for submitting any claim is attached as Annex 2 to these terms and conditions.
The contract that governs our relationship is a contract of SALE OUTSIDE THE COMMERCIAL ESTABLISHMENT, regulated in Royal Legislative Decree 1/2007, of 16 November on consumers and users.
WWW.SIROKO.COM may, at any time and without prior notice, modify these General Terms and Conditions by publishing such modifications on the Website so that Users are always aware of them before visiting the Website or purchasing any goods offered on the Website and thus fulfilling the duty of information required by law.
This contract shall be governed by Spanish law, specifically the Spanish Consumers and End-Users Act, as well as other laws affecting consumers and users, both in national and European Union legislation, which shall be applicable in matters not provided for in this contract in terms of interpretation, validity and execution. In the event that some of the issues that arise are not regulated, the Civil Code will be applicable as a subsidiary rule.
The language of the general terms and conditions of engagement is SPANISH - CASTILIAN. Should any contradiction or discrepancy arise between the translated version and the Spanish - Castilian version, the latter shall always prevail and be applicable for its resolution. As a general rule for the user of the web for these terms and conditions of engagement, and before proceeding with the frequently asked questions that govern the general conditions, the user/buyer agrees to:
- In the case of registration, the User is obliged to provide truthful and accurate information and to keep it updated. This obligation is stated as a principle of the Law on Protection of Personal Data.
- Not to enter, store or disseminate on or from the Website any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on any ground such as race, sex, ideology, religion or that in any way violates the morality, public order, fundamental rights, public freedoms, honor, privacy or the image and rights of third parties and the current regulations in general.
- Not to enter, store or disseminate through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical device that may cause damage to the Website, any of the Services, or any of the equipment, systems or networks of WWW.SIROKO.COM, any User, its suppliers or in general any third party, or otherwise be capable of causing them any kind of alteration or impede their normal functioning.
- Not to carry out advertising, promotional or commercial operation through the Website, not to use the content and in particular the information obtained through the Website to send advertisements, messages for direct sales purposes or for any other commercial purpose or to collect or store personal data of third parties.
- Not to use false identities or impersonate the identity of others in the use of the Website or in the use or acquisition of any of the Products, including the use of passwords or access codes of third parties or in any other way.
- Not to enter, store or disseminate through the Website any content that infringes intellectual property rights, industrial or business secrets of third parties, nor in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
User
Access to the website WWW.SIROKO.COM implies that you agree to be a user, and implies acceptance of the terms and conditions of use and compliance with the legal regulations applicable to the website. This responsibility involves:
- The legality and veracity of the data provided in the forms in which personal data is requested in order to proceed with the purchase and sale transaction through the web.
- The proper use of the information and content provided on the website WWW.SIROKO.COM in accordance with national and international regulations that apply.
- When accessing the website, you will be asked for an email address for the purpose of sending you notifications and improvements to the website, and occasionally advertising news that may be of interest to you as a user. Failure to enter the mail does not imply that you can not continue browsing the website and to make purchases.
Product features
All the products sold through our website have a series of features and common elements in terms of quality and materials used.
The products we sell are shown by means of photographs, which we post on our website, trying to be as accurate as possible with respect to reality. In any case, the people wearing the clothes we sell are models hired by WWW.SIROKO.COM and therefore are indicative only.
Should you require detailed information on product features, please do not hesitate to let us know by any of the means of contact provided on the website.
We comply with the necessary standards:
EN ISO 12312-1:201+A1:2015
EN ISO 12311:2013
USA ANSI z80.3-2015
Prices
The price of each product is stated on the website. It is the price indicated in the online store and it includes applicable VAT charges. In the event that a typographical error occurs for any reason, we will solve it by updating the final price in the order confirmation.
Further, since the error may be deemed on our part, you will be given the option to cancel your order.
If your credit card has been charged, you will be reimbursed for all amounts paid for this item.
In compliance with current legislation, the final price shall include all costs associated with the purchase of our products, except for any customs duties or import taxes that may be incurred.
Stock availability
In principle and as a general rule, 90% of the stock of products offered through the online store is available. In any case, if the products are not in stock at a given moment, you will be immediately notified by email.
Should there occur an occasional setback with respect to the availability of the chosen product, we will provide you with the alternative of canceling the product order, or choosing a different one.
If we have proceeded to charge your credit card, we will reimburse you for all amounts paid for this item, at no cost to you.
Payment methods
As a general rule, all areas related to the order completion process and MY ACCOUNT are secured through the SSL protocol, which protects against unauthorized access. The URL in the address line of your browser beginning with https:// indicates that you are in a secure area.
Our online store offers the following payment methods:
Credit/debit card: We accept Visa, Visa Electron and Mastercard credit and debit cards. The payment will be made through the 100% secure payment gateway provided by the Stripe merchant with the new online store system.
If the payment by credit/debit card is denied, it may be due to several reasons. Please check if it is one of the reasons listed below:
Your credit/debit card is expired
The credit/debit card number you entered is incorrect or incomplete
You may have exceeded the spending limit, please check with your bank.
PayPal: When choosing this payment system, the PayPal payment platform will be opened, and from that moment on, the payment for our products will be subject to the specific conditions that the PayPal platform provides.
Shipping policy
All information regarding the shipping policy is available at this link: shipping policy
Right of withdrawal
All the information regarding the right of withdrawal is available at this link: right of withdrawal
Cambios y devoluciones
All information regarding returns and exchanges is available at this link: exchanges and returns
Legal guarantee
In compliance with Article 120 of the revised version of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, 2007, as amended by Royal Decree-Law 7/2021, of April 27, transposing European Union directives in the areas of competition, prevention of money laundering, credit institutions, telecommunications, tax measures, prevention and repair of environmental damage, posting of workers in the framework of the transnational services and consumer protection, this company shall be liable for any lack of conformity that exists at the time of delivery or supply and becomes apparent within three years of delivery of the product, which period shall be considered the legal warranty period for all purchases made on or after January 1, 2022.
For purchases made prior to this date, the warranty period will remain two years from the date of purchase made by the customer on the platform.
European Online Dispute Resolution (ODR) platform
In compliance with Article 14.1 of Regulation (EU) No 524/2013 our website customers are informed that the European Union provides them with a European Online Dispute Resolution (ODR) platform for online disputes that may arise between the two parties.
The link to use said platform is http://ec.europa.eu/consumers/odr/ (operational since February 15, 2016).
Consumers may submit their questions using the link above.
Taxes applicable to sales made through this website
Our website is Spanish and therefore the corresponding taxes established by the Spanish tax system for this type of transactions are applicable. Value Added Tax (VAT) is included in the final price of the article shown, which in our case is 21%. Further information can be found at www.aeat.es
In the case of port fees and/or special taxes such as Canary Island General Indirect Tax (IGIC), you will be previously informed about the application of this tax for users residing in the Canary Islands. Further information on IGIC tax can be found at www.gobiernodecanarias.org/tributos/
Applicable law for dispute resolution
In case of any dispute regarding the fulfillment of your order, you may resort to the Courts and Tribunals of the Principality of Asturias, which is the registered office of the company. You may also bring the matter to other legally corresponding courts of justice.
Registered address for service of the owner of the website
The registered office of our company is located at:
WWW.SIROKO.COM
Plaza 6 de Agosto Nº6 - 2º
33201 - Gijón - Asturias - Spain