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GENERAL CONDITIONS OF PURCHASE

 

TERMS AND CONDITIONS

 

INTRODUCTION

 

The service provider is STRAIGHT AND NARROW, S.L. (hereinafter SYSTEM ACTION) with registered office in C/ MILA I FONTANALS, 80 – CP 08205 SABADELL (BARCELONA), telephone number: 932257990, e-mail: ventas@systemaction.es, TAX ID number: B67172155, and registered in the Mercantile Registry of Barcelona, Volume 4638, sheet 52, page number B516041 section 1ª.

 

This document regulates the conditions that govern the acquisition of the products offered by SYSTEM ACTION through this website.

 

In addition to reading these Conditions, the user must read the Legal Notice, the Privacy Policy and the Cookies Policy before accessing, browsing and / or using this website.

By using this website, making a purchase and / or requesting to purchase a product through the website, the user agrees to be bound by these conditions and for the previously mentioned reasons, if you do not agree with the aforementioned, you should not use this website.

 

SYSTEM ACTION reserves the right to modify these conditions of purchase without prior notice, and it may change, delete or add the contents and products that are offered therein, as well as the way in which these are presented or located on their servers. The user is responsible for reviewing these conditions every time he / she accesses and / or navigates on this website, since those are enforceable when the purchase order of a product is requested. You can always review and print the updated version by clicking on the "Purchase Conditions" link.

 

Orders shall be placed only to purchase products, and not for resale purposes. The resale or distribution of products purchased through the website is strictly prohibited.

 

We reserve the right to cancel fraudulent, false or speculative orders, as well as those orders that have been placed by a customer with whom discrepancies or controversies may have arisen with previous orders, or when there is reasonable doubt that the Customer is violating any of the specified purchase conditions or is engaged in criminal activity.

 

USER OBLIGATIONS

 

The access, navigation and use of the website attributes the condition of user and, as soon as navigation starts, all the conditions established herein are accepted.

 

When placing an order, the user guarantees to be over 18 years old and have legal capacity to enter into binding contracts.

 

As a user, you are obliged to communicate to SYSTEM ACTION all the data required to access and use the services of this website. Such data must be truthful, legitimate and current, likewise, the user agrees that we use the aforementioned data to be contacted, if necessary.

 

It is essential that you provide all the information that we categorize as mandatory, because we will not be able to process your order if you do not do so. We will not be responsible in any case for potential delivery delays or failures as a result of the error or omission of these data.

 

The user shall make appropriate use of the services included in the website, always in accordance with the law and shall not carry out any activity that hinders or interferes with its operation.

 

The website is primarily aimed at users who reside in Spain. SYSTEM ACTION does not ensure that the website complies with the laws of other countries, either in full or in part, SYSTEM ACTION does not assume any kind of responsibility that may arise as a result of said access.

 

The user may formalise the purchase agreement of the desired products with SYSTEM ACTION in Spanish/English.

 

SECURITY MEASURES

 

We will establish all reasonable mechanisms at our disposal to ensure that your personal data is kept secure at all times. However, you accept that no data transmission over the Internet is guaranteed to be protected against by unauthorized recipients and we shall not be liable for any security breach except due to our negligence.

 

Likewise, you must adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and notify us immediately in case of loss, theft, or illegitimate access of your username and password, as well as its knowledge by third parties.

 

PURCHASING PROCESS

 

You can browse the website until you find the article you wish to purchase. Once located, you will access all the information and details about the product by clicking on it. You can add the product to the shopping bag by clicking on the corresponding icon at the top of the page. You can continue browsing, selecting more products and adding them to the shopping bag; or you can go to the final shopping stage by clicking on the shopping bag icon where all the selected products, the unit price, the quantity and the total price of each item are specified, and then click on the 'checkout' button.

Once you are in the shopping bag section, you can view the list of the products you have selected and the total price to pay including the corresponding taxes and shipping costs.

Whenever you have selected and included all the desired products in the shopping bag, and you wish to proceed to checkout you must click on 'checkout'. If you are placing your first order with us, you may choose to continue as a guest and therefore will not be required to register beforehand, you will only need to provide the necessary data required to process the order. In case you choose to buy as a guest, you will have to enter your data every time you place an order through our website. If you choose to register and save time on your next order, you must enter your data in the registration form available at 'Create an account'. If you are a registered user with an active account, you must enter your username or email address and password and the system will recognize your data. Once you are inside your account you can continue to purchase and finally confirm the order.

 

You must select a payment method from the available options in the 'Method of Payment' section, and review the details of the shipping costs in the 'Shipping' section. Afterwards, you must accept the conditions of purchase and finally, you can make the payment with the selected method by clicking on 'place order'. If it is a credit card, you will be asked to enter your credit card information and click on "Authorize Payment".

You can make the payment with Visa, Mastercard, American Express, Affinity Card and PayPal. To minimize the risk of unauthorized access, your credit card information will be encrypted. As soon as we receive your purchase order request, we will pre-authorize your credit card to ensure there are sufficient funds to complete the transaction.

Your card will be charged at the time your order leaves our warehouse. If your chosen method of payment is Paypal, you will be charged at the time we confirm the order. You confirm that the credit card is yours by clicking on "Authorize Payment".

 

The user will receive an email confirming that SYSTEM ACTION has received his purchase order request, and this will be the confirmation of the order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy one or more products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (“Shipping Confirmation”).

The purchase agreement between you and us will only be formalised when the Shipping Confirmation is sent, not before. The Agreement will relate only to those products included in the Shipping Confirmation.

No agreement in respect of any products shall exist between you and the company until your purchase order request has been expressly accepted by the company. In case your request is not accepted and your account has already been charged, the amount will be refunded in full.

The company is not obliged to supply any product that may have been part of the purchase order request until its shipment has been confirmed with the Shipping Confirmation.

The user acknowledges to be aware, at the time of purchase, of certain particular purchase conditions of the products that they are displayed together with the presentation and image of each product on the website, including but not limited to, in each case: name, price, components, weight, quantity, color, details or characteristics; and acknowledges that the purchase order request implies full and complete acceptance of the particular conditions of purchase that apply to each case.

 

PRODUCT AVAILABILITY

 

All product orders are subject to availability.

In this regard, in the event of supply difficulties or if items are no longer in stock, the company reserves the right to provide information about substitute items of an equal or higher quality and value which you can order.

If you do not wish to order any substitute items, we will refund the amount that you may have paid.

 

TECHNICAL MEANS FOR CORRECTING ERRORS

 

If any errors have occurred when introducing the necessary data to process the purchase order request on the website, the user may modify said data by contacting SYSTEM ACTION through the contact section enabled on the website and, where appropriate, through any means available to contact customer support, and / or using the contact information.

 

Likewise, the user can review the Legal Notice and / or the Privacy Policy of this website and thus obtain more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 with regard to the processing of personal data (GDPR).

 

CONFIRMATION AND CANCELLATION OF ORDERS

 

Before completing your order on the website, you can review all the details associated with it (itemized amounts under all relevant headings- taxes, shipping costs, selection of items, etc.), and make any necessary corrections.

 

After a confirmation is received, it will not be possible to modify or cancel the order through the website. You must contact System Action through the forms provided for this purpose on the website or using the contact information specified herein. In such case, the order can only be modified or canceled if the item has not entered the shipping stage in our warehouse.

 

REFUSAL OF ORDER

The company reserves the right to withdraw any products from this website at any time and remove or edit

any material or content thereof due to exceptional circumstances that require the refusal to process an order after an Order Confirmation has been sent.

 

The company will not be liable to you or any other third party for withdrawing any product from this website regardless of the sales made, removing or editing any material or content on this website or for refusing to process an order after an Order Confirmation has been sent.

 

DELIVERY

 

The items offered through this website are only available for shipment to locations within the European Union, except for Ceuta, Melilla and the Canary Islands. Any other delivery address will automatically result in the cancellation of the order.

The purchased goods will be delivered to the shipping address specified on your purchase order request. The orders will be delivered by a logistics operator during normal business hours.

 

Except in the event of unforeseen or extraordinary circumstances, the purchase order request consisting of the products stated in a purchase confirmation will be delivered within the estimated delivery dates specified on the website according to the shipping method chosen by the user and, in any case , within a maximum period of 15 calendar days from the date of the order confirmation.

 

The average delivery time is 24-48 hours (in Spain and Portugal, except the Canary Islands, Ceuta and Melilla) and 72 hours for other shipment to locations within the European Union. The delivery period starts from the moment the package leaves our warehouse. Said period may be increased during the sales period, Christmas season, customs operations or other circumstances derived from (for informational purposes only) geographical distance, weather conditions, wars, strikes, any form of government intervention, breach on the part of our suppliers, etc. as well as any other circumstance attributable to the logistics operator in charge of the delivery of the product. We are not liable for any delays that may be caused by any of the events mentioned above. Orders are delivered on working days.

 

It is understood that an order has been delivered when the user or a third party authorised by the user acquires the material possession of the products, which will be confirmed by signing a proof of delivery at the agreed delivery address.

 

If upon receiving the package you notice that the package is damaged or you think it could have been tampered with, do not accept the package and contact us immediately. If you have accepted the package and have verified that it has been damaged or tampered with, you must contact us as soon as possible in order to carry out the necessary procedure with the shipping company.

 

The products will be at the user's risk from the moment of delivery. Ownership of the products will be passed to the user when SYSTEM ACTION receives full payment of all sums due in respect of the items bought or acquired, including shipping costs, or upon delivery, if it takes place after receiving the full amount paid to SYSTEM ACTION.

 

UNABLE TO DELIVER THE ORDER

 

In case it is impossible to deliver the order due to the user's absence, the order could be returned to our warehouse. However, the carrier would leave a notice explaining where the order is and how to arrange a new delivery.

 

If the user is not going to be at the delivery location in the agreed time slot, he must contact SYSTEM ACTION to rearrange delivery for a different day.

 

If after 15 days from the date your order is available for delivery it has not been delivered for reasons that are not attributable to the company, it is understood that you wish to withdraw from the Agreement and it will be considered terminated. As a result of the termination of the Agreement, we will refund the amount paid for said products as soon as possible, and at any rate, within 30 days of the date on which the Agreement has been terminated.

However, the user must bear in mind that any additional transportation costs derived from the termination may be passed on to him.

 

If, for whatever reason that is attributable to SYSTEM ACTION, the order cannot be delivered on the agreed date, the user may be contacted to discuss the situation and may choose to proceed with the purchase by agreeing on a new delivery date or cancel the order and receive a full refund for the amount paid.

 

PRICE, METHOD OF PAYMENT AND SECURITY

 

The prices stated in the articles are the final prices in Euros (€) and include taxes (VAT), except in case of obvious error. Even though the company ensures that all the prices listed on the website are correct, errors may occur.

If an error in the price of any of the products you have ordered is discovered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it.

If we can not contact you, the order will be canceled and the full amount that you have been paid will be refunded. The company is under no obligation to supply any product at the incorrect (lower) price (even though a Shipping Confirmation has been sent) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.

The prices on the website include VAT, which is subject to statutory Value Added Tax at the applicable rate, but exclude shipping costs, which will be added to the total amount due except for orders over 50€ to Spain and Portugal and orders over 100€ to other locations within the European Union. In such cases, shipping will be free and will not be added to he price of the product.

 

Prices may change at any time, but (except as stated above) changes will not affect orders in respect of which a Shipping Confirmation has already been sent.

We use "Akamai" to ensure that a payment has been made safely. Credit cards are subject to validation checks and authorisation from your card issuer but if your card issuer fails to authorise the payment, we will not be liable for any delay or non-delivery and may not be able to formalise an Agreement with you.

 

WITHDRAWAL, EXCHANGES AND RETURNS

 

The User, as consumer and user, makes a purchase from https://systemaction.es. If the user is not satisfied with any of the products part of the order, he or she may exercise the right of withdrawal and request a refund.

 

To withdraw from the purchase of the product in full or in part, in accordance with the applicable legislation, there is a period of 14 calendar days from the moment the User or an authorized third party, other than the carrier, acquired material possession of the goods in SYSTEM ACTION's website. In the event that the goods that are part of the order are delivered separately, there is a maximum period of 14 calendar days from the moment the User or an authorized third party, other than the carrier, acquired material possession of the last product in the same purchase order. Returns made within the deadline will not entail any penalty. Nevertheless, the shipping costs shall be paid by the Client.

 

To exercise the right of withdrawal, the User must inform of their decision to SYSTEM ACTION using the contact section enabled on the website or by e-mail to: ventas@systemaction.es

 

Regardless of the means used by the User to communicate his decision, an explicit declaration of their intention to withdraw from the purchase agreement must be submitted. In any case, the User may use the withdrawal form made available by SYSTEM ACTION, however its use is not mandatory. In order to comply with the period of withdrawal, the communication of the decision to withdraw must be sent before the expiration of the withdrawal period.

 

In the event of withdrawal, SYSTEM ACTION will refund any amounts due, including shipping costs, without undue delay and, in any case, no later than 14 calendar days from the day on which SYSTEM ACTION has been informed of the decision of the User to withdraw from the contract.

 

SYSTEM ACTION will provide the user with a refund in the same method of payment used to make the initial purchase transaction. This refund will not result in any additional cost for the user. SYSTEM ACTION may suspend said refund until the products have been received or until the customer has provided proof that the products have been sent, whichever is the earliest.

 

The user may return or send the products to SYSTEM ACTION:

 

STRAIGHT AND NARROW, S.L.

C/ MILÀ I FONTANALS, 80 – 08205 SABADELL (BARCELONA)

The user may return or send the products without undue delay, and in any case no later than 14 calendar days from the day on which SYSTEM ACTION has been informed of the decision to withdraw from the contract.

 

The user acknowledges that he shall be responsible for any direct cost incurred for returning the goods (shipping, delivery). Moreover, he or she will be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

 

Products must be returned using or including the original package, instructions and any accompanying documents, with a copy of the purchase receipt.

 

Exceptions to the right of withdrawal, include but are not limited to the following situations:

The right of withdrawal does not apply for orders including:

 

* Products that are not suitable for return due to hygiene reasons or health protection if they have been unsealed upon delivery.

 

* Products that are liable to deteriorate or expire rapidly;

* Audio, video recordings or sealed software that have been unsealed after delivery;

* Goods that have been made according to your specifications or are clearly personalised;

* Digital content which may have not been supplied on a tangible medium if its performance had begun with the consumer’s prior express consent and with the acknowledgement by the consumer of losing the right to withdraw.

 

In any case, no refunds will be given if the product has been used beyond its mere opening, or if the products are not in the same condition in which they were delivered or they have suffered any damage after delivery.

 

RETURN AND REFUND OF DEFECTIVE ITEMS OR ITEMS SENT BY MISTAKE

If you consider that, at the time of delivery, the product does not comply with the provisions of the Agreement, you must contact us immediately and let us know the existing disagreement (defect / error) using the form or in an e-mail to: ventas@systemaction.es and provide us with your data, the product and the damage suffered by the product.

The company will examine the returned item and will notify you via e-mail, within a reasonable period, of your right to receive a refund or replacement where appropriate. If so, it will be done as soon as possible and, in any case, within 30 days after the date on which the company sends you an email confirming that the refund or replacement of the defective item is appropriate.

The amounts paid for products that are returned due to any damage or defect, if any, will be fully refunded, including shipping costs incurred to deliver the products and any costs that the user has incurred to return the product. The refund will be paid using the same method of payment originally used to make the purchase.

However, if the product is returned for other reasons not attributable to the company, the amounts paid will be refunded in full, excluding delivery costs, which will be borne by you.

These provisions do not affect your statutory rights.

 

PRODUCT WARRANTY

 

If you are contracting as a consumer and user, we offer you a warranty on all items purchased through this website, in accordance with the provisions of the law for each of the product types, being liable for any lack of conformity that may arise within a period of two years from the date stated on the receipt or purchase receipt or delivery note if it was delivered after the purchase.

It is presumed that the products are in conformity with the contract if they (i) comply with the description given by us and possess the qualities that we have presented on this website, (ii) are fit for the purposes for which goods of the same type are normally used and; (iii) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect. If there is a lack of conformity with the products delivered to the user, he or she must proceed as outlined in the section "Return and refund of defective items or items sent by mistake".

The warranty period is two years, however, it does not include defects caused by negligence, knocks, improper misuse or manipulation, etc., or normal wear and tear resulting from normal use.

 

LIABILITY AND EXCLUSION OF LIABILITY

 

The liability of the company, unless expressly stated otherwise in these Conditions, in relation to any product purchased on our website, will be strictly limited to the purchase price of said product.

 

However, our liability shall not be excluded or limited in the following cases: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for any matter which is illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability. Without prejudice to what is set out in the previous paragraph, and to the extent permitted by law, unless otherwise provided for in these Conditions, the company shall not accept any liability for the following losses, regardless of its origin: loss of income or business losses, loss of profit, loss of contract, loss of anticipated savings, loss of data, loss of management time or office time.

 

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, the company can not guarantee the accuracy and security of the information transmitted or obtained through this website unless the opposite is expressly established.

All product descriptions, information and materials that appear on this website are provided "as is" and without any warranties, express or implied.

 

WRITTEN COMMUNICATIONS

 

The applicable regulations require that part of the information or communications are sent to you in writing. By using this website, you agree that communication with us will be mostly electronic. We will contact you by e-mail or provide you with information by posting notices on this website.

For the purpose of our agreement, you agree to this electronic means of communication and acknowledge that all agreements, notices, information and other communications that we provide to you electronically comply with any legal requirement of such communications to be in writing. This condition does not affect your statutory rights.

TRANSFER OF RIGHTS AND OBLIGATIONS

 

This contract is binding on you and the company, as well as on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of an Agreement, or any of the rights or obligations arising under it, without the company's prior written consent. The company reserves the right to transfer, assign, charge, subcontract or otherwise dispose of an Agreement or any of our rights or obligations arising under it, at any time during the term of the Agreement. For the avoidance of doubt, such transfers, assignments, charges or other dispositions will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any express or implied warranties which may have been provided by the company.

 

DATA PROTECTION

 

Straight and Narrow, S.L. is responsible for the processing of the personal data that you provide to us, and informs you that said data will be processed in accordance with the provisions of Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27; Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of digital rights; and Law 34/2002, of July 11, on Law for Information Society and Electronic Commerce Services.

For further information on the processing of your data, you may review our privacy policy.

 

EVENTS BEYOND OUR CONTROL

 

The company is not liable for any failure to perform or delay in performing any of its obligations undertaken resulting from the conclusion of an Agreement, which may have been caused by an event that is beyond the reasonable control of the company ("Cause of Force Majeure).

A Cause of Force Majeure includes any act, event, non-performance, omission or accident that is beyond the reasonable control of the company and includes, among others, the following:

  • Strikes, lockouts or other industrial action.

  • Riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  • Impossibility of the use of public or private telecommunications networks. Acts, decrees, legislation, regulations or restrictions of any government.

  • Strike, failure or accidents of any shipping, postal or other relevant transport.

 

It is understood that the performance of the company's obligations under any Agreement is suspended for the period that any Cause of Force Majeure continues, and there will be an extension of time for performance for the duration of that period. The company will use their reasonable endeavours to bring the Cause of Force Majeure to an end or to find a solution by which its obligations under the Agreement may be performed despite the Cause of Force Majeure.

 

NULL AND VOID CLAUSES

 

If any provision included in these purchase conditions is found to be unlawful, and thus, totally or partially void, it shall not affect the validity of other provisions that comply with the law, and such provision or part thereof shall be considered severed from the remaining terms. The parties agree to renegotiate those parts of the conditions that were null and to incorporate them to the rest of the conditions.

 

THE COMPANY'S RIGHT TO VARY THESE CONDITIONS.

 

SYSTEM ACTION reserves the right to modify the general conditions of purchase without prior notice, and it may change, delete or add the contents and services that are offered therein, as well as the way in which these are presented.

 

Said changes shall be accepted by the user every time a purchase is made through the website, and they are subject to the terms and conditions of purchase in force at the time an order is placed, unless any change to the terms and conditions is required to be made by law or governmental authority.

 

LAW AND JURISDICTION

 

The use of our website and the Agreement for the purchase of products through our website shall be governed by Spanish law. Any dispute arising from, or related to the use of the website or to said Agreement shall be subject to the non exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this clause will affect your statutory rights as laid down in the applicable law.

 

These general Conditions are governed, among others, by the Royal Legislative Decree 1/2007 in Book II, of 16 November 2007, approving the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws, and particularly, by Title III of Book II "Distance contracts concluded away from business premises" as well as other rules applicable to electronic commerce services (Law 34/2002, of 11 July on Information Society and Electronic Commerce Services). Before sending your purchase order request, it is recommended to read these Conditions carefully, print or save them in order to keep a record and expressly accept them by ticking the corresponding box found in the purchasing process.

This agreement shall come into force and shall become effective from the moment in which the client acquires the condition of user.

This agreement, and, therefore, the general conditions incorporated, together with the annexes (if any), in addition to being read on this website, they can be stored, archived and reproduced by the usual electronic or computer means.

 

ONLINE DISPUTE RESOLUTION

According to European consumer regulations, companies established in the European Union that enter into purchase agreements or deliver online services (including those that offer their products via e-mail) and online markets established in the European Union, must offer on their websites the link to the online dispute resolution platform, through which they can process claims for agreements carried out online:

 

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

 

The creation and development of the Online dispute resolution platform is set out in Regulation (EU) 524/2013 of the European Parliament and of the Council so as to provide an online tool to manage disputes of consumers and users established in the European Union that is easier, faster and cheaper than going to court.

Thus, the user may access said platform by clicking on the link above and submit complaints, claims or other comments that he or she wishes to make.

 

Moreover, the company has official complaint forms available for consumers and users, which may be requested using the contact information stated and provided in the website.

 

If you wish to download and print the purchase conditions, you may to so by clicking on the following link:

 

Print purchase conditions