Our terms and conditions of engagement
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. Our terms and conditions of engagement that apply to www.siroko.com
1. Pre-contractual information
WWW.SIROKO.COM only sells via this website to CONSUMERS AND USERS. This is not a B2B site.
All the information contained in these terms and conditions applies to the above-mentioned relationship. This document has been elaborated with the aim of full disclosure and transparency. Should any term be unclear or not fully understood, please let us know immediately so that we can explain it to you accordingly.
In compliance with article 60 of the Spanish Consumers and End-Users Act, you are hereby informed of the pre-contractual conditions stated in the general terms and conditions of the contract, which are detailed in point 1.
Article 60. Pre-contractual information
- 1. Prior to the consumer and user entering into a contract or corresponding offer, the seller company shall provide relevant, truthful and sufficient information on the main points of the contract, in particular on its legal and economic conditions, in a clear and comprehensible manner, unless this is clearly understood from the context.
- 2. The information disclosure requirements regarding goods and services set forth in these Terms and Conditions, and any other documents that may apply, shall be pertinent and binding. Further information that shall be disclosed:
- a) The main characteristics of the goods or services, to the extent appropriate to the medium used and the nature of the goods or services.
- b) The identity of the seller company, including the data pertaining to the registered name, trade name, complete address and telephone number and, if applicable, of the company on whose behalf the seller is operating.
- c) The total price, including all taxes and fees. If due to the nature of the goods or services the price cannot be reasonably calculated in advance or is subject to quotation, the manner in which the price is determined as well as all additional transportation, delivery or postal charges or, if such charges cannot be reasonably calculated in advance, the fact that such additional charges may apply should also be disclosed. In all information provided to the consumer and user on the price of goods or services, including advertising, the total price shall be disclosed, specifying, if pertinent, the amount of any applicable surcharges or discounts, the costs passed on to the consumer and user, and any additional costs for ancillary services, financing, use of different means of payment or other similar payment conditions.
- d) The payment, delivery and performance procedures, the date on which the seller company undertakes to deliver the goods or provide the service.
- e) Apart from reminding about the existence of a legal guarantee of conformity for goods, the availability and conditions of after-sales services and commercial warranties must be disclosed.
- f) The term of the contract, or, if the contract is open-ended or automatically extended, the conditions for its termination. In addition, the existence of a minimum contract period or exclusive use of the services of a specific provider, as well as the penalty in the event of termination of the service, must be expressly indicated.
- g) The language or languages in which the contract may be concluded, when it is not the language in which the pre-contractual information has been provided.
- h) The right of withdrawal that may apply to the consumer and user, the timeframe and the way to exercise it.
- i) The digital content functionalities, including the applicable technical protection measures, such as, among others, protection through digital rights management or regional lockout.
- j) Any relevant interoperability of the digital content with hardware and software known or reasonably expected to be known to the seller company, such as, but not limited to, the operating system, the required version or certain elements of the hardware.
- k) The procedure for dealing with complaints from consumers and users, as well as, if applicable, information on the out-of-court dispute resolution system provided for in Article 21.4.
- 3. Pre-contractual information must be provided to the consumer and user free of charge and at least in Spanish language.
We fulfill these obligations by means of the following text:
The present terms and conditions of engagement have been drawn up taking into account the Royal Legislative Decree 1/2007 of April 1, 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.
The contract that governs our relationship is a contract of SALE OUTSIDE THE COMMERCIAL ESTABLISHMENT, regulated in Royal Legislative Decree 1/2007, April 1, 2007 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.
It also complies with the Legislation on Contracting Conditions and the Privacy and Electronic Communications Directive 2002/58/EC on Privacy and Electronic Communications implemented in Spain by means of Law 34/2002.
In the event that any 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.
WWW.SIROKO.COM sells the products available on its website worldwide, therefore prices may vary depending on the country due to differences in shipping costs. The tax applied to consumer goods may also vary depending on the country of shipment.
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:
- 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.
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. Should the order be placed for another person, you must be authorized to use and transfer that person's data.
- The proper use of the information and content provided on the website WWW.SIROKO.COM in accordance with national and international regulations that apply.
- Being of legal age and having the legal capacity to enter into a contract of sales outside the commercial establishment in accordance with Spanish Law.
In compliance with Spanish Law 4/2022 of 25 February, should you consider yourself a VULNERABLE CONSUMER, please let us know immediately so that we can provide in writing or by phone any information that is not made clear to you in the following terms and conditions. According to art. 3 of Royal Legislative Decree 1/2007 of November 16, a vulnerable consumer is someone who due to their personal circumstances, needs, personal, economic, educational or social situation is especially susceptible to harm and is therefore characterized by defenselessness or lack of protection that prevents them from exercising their rights as consumers.
4. Product features
All the products sold through our website have a series of features and common elements in terms of quality and materials used. In the case of certain materials and in compliance with the applicable laws and regulations* in force, it is labeled as required by the legislation on product labeling, indicating the characteristics of the product.
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.
There is a SIZE CHART available for our customers on the website. The chart is purely indicative and is intended to provide guidance to ensure a safe and trouble-free purchase.
Each product on our website comes with CARE AND WASHING information in order to ensure a maximum life cycle of the articles. All our products are designed and tested to guarantee a high level of durability.
We comply with all necessary regulations in order to sell specific products via our website:
EN ISO 12312-1:201+A1:2015
ES ISO 12311:2013
USA ANSI z80.3-2015.
* In compliance with current regulations, it is reported that the labeling of the articles displayed on the website meet the requirements of Royal Decree 928/1987 of June 5 regarding the labeling of the composition of textile products, and Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council Text with EEA relevance all this in relation to Article 18. Labeling and presentation of goods and services, of the R.D.L.1 /2007).
5. Terms and conditions specific to the sale of products through our website
The price of each product is stated on the website. It is the price indicated in the online store and it includes applicable taxes. 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.
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.
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:
GPAY: (Google Pay) You can see the policy of this payment system here.
PAYPAL: You can see the policy of this payment system here.
SHOP PAY: You can see the policy of this payment system here.
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.
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
Exchanges and returns
All information regarding returns and exchanges is available at this link: exchanges and returns
6. Legal guarantee
All goods sold on our website are covered by the guarantee required by Royal Legislative Decree 1/2007 of April 1, art. 123 and its subsequent amendments, which regulates the minimum guarantees on goods that are sold to consumers as well as all modifications that occur in it.
7. 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.
8. Taxes applicable to sales made through this website
On July 1, 2021, Royal Decree-Law 7/2021, of April 27, 2021 came into force. It regulates the VAT treatment of electronic commerce and establishes the rules for taxation of the deliveries of goods and services to community end consumers, from another Member State or a third country or territory.
In case of sales in non-EU countries, VAT will not be applied to the invoice.
EU TERRITORIES WITH SPECIFIC TAX LAWS
Within the Spanish territory, there are two cases where taxes other than VAT are applied (Canary Islands and Ceuta / Melilla). In case of port charges and/or special taxes such as Canary Island General Indirect Tax (IGIC), you will be previously informed of the application of this tax for clients residing in the Canary Islands. Further information on IGIC tax can be found at: www.gobiernodecanarias.org/tributos/
In the Autonomous Cities of Ceuta and Melilla, the Tax on Production, Services and Imports of the Cities of Ceuta and Melilla (IPSI) applies.
9. 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, typically the one of your place of residence.
10. Regulations on complaint forms available to customers
All companies, whether natural persons or legal entities, that market goods or services must make available to consumers complaint forms in accordance with the model prepared by the Government of the Principality of Asturias. (www.asturias.es)
Our establishment, in compliance with applicable laws, and by means of this section, informs you that there are COMPLAINT FORMS at your disposal.
The existence of the above mentioned complaint forms does not mean that the consumer may not make a complaint by any other means provided for by law.
There should be a sign in every establishment, clearly visible to the customers, indicating the following: "COMPLAINT FORMS ARE AVAILABLE TO THE CONSUMER OR USER".
They must be made available upon consumer's request and free of charge.
Upon consumer's request, the seller company shall provide the identification data of its company: trade name or registered name, address and tax identification number.
The customer filing the complaint must also provide their identification data: name and surname, address and ID card or passport, in addition to clearly stating the reasons for the complaint. The company may use the complaint form to make the allegations it deems appropriate to such complaint.
We as the company, and you as the customer filing the complaint, must process it before the Consumer Service, the responsible body in the Principality of Asturias in matters of consumption. You can download the COMPLAINT FORM AND SEND IT TO US THROUGH THIS LINK
In case you wish to file a complaint, claim or consumer report
Given that you are a consumer or user, you can file a complaint, claim, or consumer report. And you can do it:
- On-line upon digital verification.
- At the regional service of the Principality of Asturias (Consumer Service).
- At the corresponding Municipal Consumer Information Office that you belong to as a buyer.
11. Registered address for service of the owner of the website
As indicated in our LEGAL NOTICE, our registered address for service is as follows:
Plaza 6 de agosto N.º 6 - 2º
33206 - Gijón - Asturias – España