GENERAL PURCHASE CONDITIONS

TERMS AND CONDITIONS

INTRODUCTION

The service provider is STRAIGH AND NARROW, SL (hereinafter, SYSTEM ACTION) domiciled at C/ MILA I FONTANALS, 80 – CP 08205 SABADELL (BARCELONA) with telephone 932257990 and e-mail ventas@systemaction.es, with CIF B67172155, and registered in the Mercantile Registry of Barcelona, ​​Volume 4638, folio 52, sheet B516041, Section 1ª.

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

In addition to reading these Terms and Conditions, before accessing, browsing, and/or using this website, users must read the Legal Notice, the Privacy Policy, and the Cookie Policy. By using this website and by making and/or requesting the purchase of products through it, users agree to be bound by these Terms and Conditions and all of the aforementioned policies. Therefore, if you do not agree with all of them, you should not use this website.

SYSTEM ACTION reserves the right to modify these purchase conditions without prior notice, and may change, delete, or add to both the content and products offered through this website, as well as the way in which they are presented or located on its servers. The user is responsible for reviewing these conditions each time they access and/or browse this website, as the conditions in effect at the time of purchase will apply. You can always view and print the updated version by clicking the "Purchase Conditions" link.

Orders may only be placed for the purchase of products for personal use and not for resale. Any resale or distribution of products purchased through this website is strictly prohibited.

We reserve the right to cancel fraudulent, false, or speculative orders, as well as orders placed by customers with whom we have had previous disputes or disagreements, or when we have reasonable grounds to believe that the customer is violating any of the specified purchase conditions or is involved in criminal activity.

USER OBLIGATIONS

Accessing, browsing and using the website confers the status of user, and therefore, from the moment you start browsing, you accept all the Conditions established herein.

By placing an order, the user guarantees that they are over 18 years of age and have the legal capacity to enter into binding contracts.

As a user, you are required to provide SYSTEM ACTION with all the necessary information for accessing and using the services on this website. This information must be truthful, lawful, and up-to-date. You also consent to our use of this information to contact you if necessary.

It is essential that you provide all the information marked as mandatory, as we will be unable to process your order without it. We will not be responsible for any delays or delivery failures resulting from errors or omissions in this information.

The user must make proper use of the services included on the website, always in accordance with the legal system and will not carry out any activity that hinders or interferes with its operation.

This website is primarily intended for users residing in Spain. SYSTEM ACTION does not guarantee that the website complies, either wholly or partially, with the laws of other countries, and SYSTEM ACTION disclaims all liability that may arise from such access.

The user will be able to formalize the purchase agreement for the desired products with SYSTEM ACTION in Spanish.

SECURITY MEASURES

We will implement all reasonable measures within our reach to ensure that your personal data is kept secure at all times. However, you acknowledge that no data transmission over the Internet can be guaranteed to be secure against access by unauthorized recipients, and you cannot hold us liable for any security breaches unless they are due to our negligence.

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

PURCHASE PROCEDURE

You can browse the website until you find the desired item. Once located, clicking on it will give you access to all the information and details about the product. You can add the product to your bag by clicking on the corresponding icon at the top of the page. You can continue browsing, select more products and add them to your bag, or proceed to the final checkout area by clicking on the bag icon, where all the selected products will be displayed, detailing the unit price, quantity, and total price for each item. Then, click on the 'Proceed to Checkout' button.

Once in the shopping cart, you will be able to see the list of products you have selected and the total price to pay, including applicable taxes and shipping costs.

Once you have selected and added all the desired products to your shopping cart and wish to proceed to checkout, click on 'Proceed to Checkout'. If this is your first time ordering from us, you can check out as a guest, meaning you won't need to register beforehand. You will only need to provide the information necessary to process the order. If you choose to check out as a guest, you will need to enter your information each time you place an order through our website. If you prefer to register and save time on future orders, enter your information in the 'Create an Account' registration form. If you are already a registered user with an active account, simply enter your username or email address and password, and the system will recognize your information. Once logged in, you can continue shopping and confirm your order.

You will need to select your payment method, which you can find in the 'Payment Methods' section. Shipping costs can be found in the 'Shipping' section. Next, accept the purchase terms and conditions, and finally, by clicking 'Place Order', you can make the payment using your chosen method. If you are paying by credit card, you will be asked to enter your credit card details and click 'Authorize Payment'.

You can pay with Visa, Mastercard, American Express, Affinity Card, and PayPal. To minimize the risk of unauthorized access, your credit card information will be encrypted. Once we receive your order, we will pre-authorize your credit card to ensure sufficient funds are available to complete the transaction.

Your card will be charged when your order leaves our warehouse. If you are paying with PayPal, the charge will be processed when we confirm your order. By clicking "Authorize Payment," you are confirming that the credit card belongs to you.

The user will receive an email confirming that SYSTEM ACTION has received their order; this will be the order confirmation. Please note that this does not mean your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, which will be communicated to you via another email confirming that the product is being shipped (the "Shipping Confirmation").

The contract for the purchase of a product between you and us will only be formalized when we send you the Shipping Confirmation, never before. Only those products listed in the Shipping Confirmation will be subject to the Contract.

No contract will exist between you and the company regarding any product until your order has been expressly accepted by the company. If your order is not accepted and your account has already been charged, the full amount will be refunded.

The company is not obligated to supply any product that may have been ordered until the shipment is confirmed in the Shipping Confirmation.

The user acknowledges being aware, at the time of purchase, of certain specific purchase conditions for the products, which are displayed alongside the presentation and image of each product on the website, including, but not limited to, and depending on the case: name, price, components, weight, quantity, color, details or characteristics; and acknowledges that placing the purchase order constitutes full and complete acceptance of the specific purchase conditions applicable to each case.

PRODUCT AVAILABILITY

All product orders are subject to availability.

In this regard, if there are difficulties in supplying these items or if there are no items left in stock, the company reserves the right to provide you with information about substitute products of equal or higher quality and value that you may order.

If you do not wish to order these substitute products, we will refund the amount you have paid.

TECHNICAL MEANS TO CORRECT ERRORS

In case of errors in the entry of the data necessary to process the purchase request on the website, the user may modify them by contacting SYSTEM ACTION through the contact spaces enabled on the website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details.

The user can also consult 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 on the processing of personal data (GDPR).

ORDER CONFIRMATION AND CANCELLATION

Before you finalize your order on the website, you will be able to review all the details associated with it (items broken down into all the necessary sections - taxes, shipping costs, selection of items, etc.), and you can correct anything you deem necessary.

Once the order has been confirmed, it will not be possible to modify or cancel it through the website. You must contact System Action using the forms provided on the website or via the contact information indicated in these terms and conditions. In such cases, the order can only be modified or canceled if the item has not yet been shipped from our warehouse.

REFUSAL TO PROCESS AN ORDER

The company reserves the right to withdraw a product from this website at any time and to remove or modify any material or content on it due to exceptional circumstances that force it to refuse to process an order after sending the Order Confirmation.

The company is not liable to you or any third party for removing any product from this website, regardless of whether that product has been sold or not, removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation.

DELIVERY

The items offered through this website are only available for delivery within the European Union, excluding Ceuta, Melilla, and the Canary Islands. Any other delivery address will result in automatic order cancellation.

The physical delivery of the purchased goods will be made to the shipping address indicated on your order form. Home delivery of orders will be carried out by a logistics operator during normal business hours.

Except in cases of force majeure, the purchase order, consisting of the products listed in each purchase confirmation, will be delivered within the timeframe indicated on the website according to the shipping method selected by the user, and in any case, within a maximum of 15 calendar days from the date of order confirmation. The usual delivery time is between 24 and 48 hours (in Spain and Portugal, excluding the Canary Islands, Ceuta, and Melilla) and 72 hours for the rest of the European Union. This timeframe may be extended due to force majeure, including but not limited to: weather conditions, war, strikes, any form of government intervention, etc. Deliveries are made on business days.

Delivery will be deemed to have taken place when the user or a third party indicated by the user acquires physical possession of the products, which will be evidenced by the signature of receipt of the order at the agreed delivery address.

If upon receiving the package you notice that the box is damaged or you believe it may have been tampered with, do not accept the package and contact us immediately. If you have accepted it and then find that the package has been damaged or tampered with, please contact us as soon as possible so we can file a claim with the shipping company.

The user assumes all risks associated with the products upon delivery. Ownership of the products is transferred to the user when SYSTEM ACTION receives full payment of all amounts due in connection with the purchase, including shipping costs, or upon delivery, whichever occurs after SYSTEM ACTION has received full payment.

IMPOSSIBILITY OF DELIVERY

If delivery of the order proves impossible due to the customer's absence, the order may be returned to the warehouse. However, the carrier will leave a notification explaining the order's location and how to arrange for redelivery.

If the user will not be at the delivery location during the agreed time slot, they must contact SYSTEM ACTION to arrange delivery on another day.

If 15 days pass from the date your order is available for delivery and it has not been delivered for reasons beyond the company's control, we will assume you wish to withdraw from the Contract and we will consider it terminated. As a consequence of the Contract termination, we will refund the price paid for the products as soon as possible and, in any case, within a maximum of 30 calendar days from the date we consider the Contract terminated.

However, the user should be aware that the transport resulting from the resolution may have an additional cost that may be passed on to them.

If for any reason attributable to SYSTEM ACTION, it is unable to meet the delivery date, it will contact the user to inform them of this circumstance, and the user may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.

PRICE, PAYMENT METHOD AND SECURITY

The prices listed for the items are the final prices, in Euros (€) and include taxes (VAT), except in the case of obvious error.

Prices on this website include VAT. The applicable rate will be the legally established rate at the time of purchase. However, shipping costs are excluded and will be added to the total amount due, unless the order price exceeds €50 for shipments to Spain and Portugal, or €100 for the rest of the world. In these cases, shipping is free and will not be included in the product price.

Prices may change at any time, but (except as stated above) any changes will not affect orders for which we have already sent you a Shipping Confirmation.

We use Akamai to ensure secure payment processing. Credit cards are subject to verification and authorization by the issuing bank. If the bank does not authorize the payment, we will not be liable for any delays or non-delivery, and we will not be able to enter into a contract with you.

PRICING ERRORS
Although we try to ensure that all information on our website is correct, errors may occur in the display of product prices.
In the event of a clear pricing error (for example, prices significantly lower than usual or a price of €0), System Action will not be obligated to process or ship the affected orders. In such cases, we will inform the customer as soon as possible, cancel the order, and, where applicable, fully refund any amount paid.

GIFT CARD

The purchase amount of a gift card can only be redeemed in the SYSTEM ACTION Online Store.

WITHDRAWAL, EXCHANGES AND RETURNS

The User, as a consumer and user, makes a purchase at https://systemaction.es . If they are not satisfied with any of the products in their order, they have the right to withdraw from said purchase and request a refund.

To notify us of your total or partial withdrawal from the purchase of the Product, in accordance with applicable law, you have a maximum period of 14 calendar days from the day on which you, or a third party authorized by you (other than the carrier), acquired physical possession of the goods purchased on the SYSTEM ACTION website. If the goods comprising your order are delivered separately, you have a maximum period of 14 calendar days from the day on which you, or a third party authorized by you (other than the carrier), acquired physical possession of the last of the goods that made up the same purchase order. Returns made within this period will not incur any penalty. However, you will be responsible for the shipping costs.

To exercise this right of withdrawal, the User must notify SYSTEM ACTION of their decision through the contact spaces enabled on the website or through ventas@systemaction.es

Regardless of the method chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. The User may use the withdrawal form provided by SYSTEM ACTION, but its use is not mandatory. To meet the withdrawal deadline, it is sufficient to send the notification of the decision to withdraw before the corresponding deadline expires.

In the event of withdrawal, SYSTEM ACTION will reimburse the user for all payments received, including shipping costs, without undue delay and, in any event, no later than 14 calendar days from the date on which SYSTEM ACTION is informed of the user's decision to withdraw.

SYSTEM ACTION will issue the refund to the user using the same payment method used for the initial purchase transaction. This refund will not incur any additional costs for the user. SYSTEM ACTION may withhold the refund until the returned products have been received, or until the user provides proof of return, whichever occurs first.

The user must return or send the products without undue delay and, in any event, no later than 14 calendar days from the date on which SYSTEM ACTION was informed of the decision to withdraw.

We offer you the possibility of returning items purchased online. Once you receive your order, you have 15 calendar days from the date of delivery to return any products you wish. Furthermore, the user will be responsible for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Products must be returned properly protected during transit and with a copy of the invoice. Items can be returned free of charge at our stores (excluding El Corte Inglés outlets) or sent prepaid to the following address:

STRAIGHT AND NARROW, SL

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

Exceptions to the right of withdrawal, by way of example and not exhaustively, would include:

- Products that cannot be returned due to hygiene or health protection reasons, if they have been unsealed after delivery.

- Products that may deteriorate or expire quickly.

- Sealed audio or video recordings or sealed software, if you have unsealed them after delivery.

- Goods made to your specifications or clearly customized.

- Digital content that has not been delivered on a physical medium if the execution has been consented to at the time of delivery and without the possibility of withdrawal from that moment.

- In any case, no refund will be given if the product has been used beyond simply opening it, if the product is not in the same condition as when it was delivered, or if it has suffered any damage after delivery.

EXCHANGES AND RETURNS OF DEFECTIVE PRODUCTS OR SHIPPING ERRORS.

If you believe that the product does not conform to the terms of the Contract upon delivery, you must contact us immediately and inform us of the existing nonconformity (defect/error) using the form or by emailing ventas@systemaction.es, and provide us with your details, the details of the product, and the damage it has suffered.

The company will carefully examine the returned product and will notify you by email, within a reasonable timeframe, whether or not a refund or replacement is applicable. If applicable, this will be done as soon as possible and, in any case, within 30 days of the date the company sends you an email confirming that the refund or replacement of the non-conforming item is approved.

The full amount paid for any products returned due to a defect or fault, where such a defect or fault actually exists, will be refunded, including the original delivery charges and any return shipping costs. The refund will be issued to the same payment method used for the original purchase.

If, on the other hand, the product is returned for reasons not attributable to the company, the amounts paid will be fully refunded, excluding delivery costs, which will be borne by you.

Rights recognized by current legislation remain unaffected.

PRODUCT WARRANTY

If you are contracting as a consumer and user, we offer guarantees on the products we market through this website, in the terms legally established for each type of product, therefore, we are responsible for the lack of conformity of the same that becomes apparent within a period of two years from the date shown on the purchase receipt or invoice, or on the delivery note if the delivery is later.

Products are considered to conform to the contract provided that (i) they match the description provided by us and possess the qualities presented on this website, (ii) they are fit for the purposes for which products of the same type are ordinarily used, and (iii) they possess the quality and performance that are normal for products of the same type and that can reasonably be expected. If this is not the case with respect to the products delivered to the user, the user must proceed as indicated in the section "Return of defective products or shipping errors."

The warranty period is three years, although it does not include defects caused by negligence, impacts, incorrect use or improper handling, etc., nor materials that are worn out by use.

LIABILITY AND EXEMPTION FROM LIABILITY

Unless expressly stated otherwise in these Terms and Conditions, the company's liability in relation to any product purchased on our website will be strictly limited to the purchase price of that product.

However, our liability is not excluded or limited in the following cases: Death or personal injury caused by our negligence; Fraud or fraudulent misrepresentation; Any matter in which it would be illegal or unlawful for us to exclude, limit, or attempt to exclude or limit our liability. Without prejudice to the foregoing and to the extent permitted by law, and unless otherwise provided in these Terms, the company will not accept any liability for the following losses, regardless of their origin: Loss of income or sales; Loss of business; Loss of profits or contracts; Loss of anticipated savings; Loss of data; Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, the company cannot guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise herein.

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

WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of our communications with you will be electronic. We will contact you by email or provide information by posting notices on this website.

For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send you electronically satisfy the legal requirement that such communications be in writing. This condition will not affect your statutory rights.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

This Agreement is binding on you and the company, as well as on our respective successors, assigns, and legal representatives. You may not assign, transfer, encumber, or otherwise dispose of this Agreement or any of your rights or obligations under it without the company's prior written consent. The company reserves the right to assign, transfer, encumber, subcontract, or otherwise dispose of this Agreement or any of our rights or obligations under it at any time during the term of this Agreement. For the avoidance of doubt, such assignment, transfer, encumbrance, or other disposal will not affect your statutory rights as a consumer or otherwise nullify, reduce, or limit any express or implied warranties provided to you by the company.

DATA PROTECTION.

Straight and Narrow, SL is the Data Controller of the personal data you provide to us, and informs you that this data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April, Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, and Law 34/2002 of 11 July on Information Society Services and Electronic Commerce.

For more information on how we process your personal data, please see our privacy policy.

EVENTS OUTSIDE OUR CONTROL

The company shall not be liable for any failure or delay in the performance of any of its obligations arising from the execution of a Contract, the cause of which is due to events beyond the reasonable control of the company ("Force Majeure Event").

Force Majeure Events shall include any act, event, non-occurrence, omission, or accident that is beyond the reasonable control of the company and, among others, the following:

Strikes, lockouts or other protest measures.

Civil riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparations for war.

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

Inability to use trains, ships, airplanes, motor transport or other means of transport, public or private.

Inability to use public or private telecommunications systems. Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Strikes, failures or accidents in maritime or river transport, postal or any other type of transport.

The company's obligations under the Contracts will be suspended for the duration of the Force Majeure Event, and the company will be granted an extension of time to fulfill those obligations for a period equal to the duration of the Force Majeure Event. The company will use all reasonable endeavors to bring the Force Majeure Event to an end or to find a solution that allows it to fulfill its obligations under the Contract despite the Force Majeure Event.

NULLITY AND INEFFECTIVENESS OF THE CLAUSES.

If any clause included in these terms and conditions of sale is declared contrary to law and therefore invalid, in whole or in part, this will not affect the other provisions that are in accordance with the law, and such provision, or the affected part thereof, will be deemed not to have been included. The parties agree to renegotiate those points of the terms and conditions that are found to be invalid and incorporate them into the remaining terms and conditions.

COMPANY'S RIGHT TO MODIFY THESE CONDITIONS.

SYSTEM ACTION reserves the right to modify the general purchase conditions without prior notice, and may change, delete or add both the content and services provided through it and the way in which these appear presented.

These changes must be accepted by the user each time they make a purchase through the website, and are subject to the terms and conditions of purchase in force at the time the order is placed, unless, by law or by requirement of public authorities, a change to said terms and conditions must be made.

APPLICABLE LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through it will be governed by Spanish law. Any dispute arising from or related to the use of the website or such contracts will 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 such.

These General Terms and Conditions are governed, among other provisions, by the provisions of Book II of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, and in particular, by Title III of Book II, “Contracts concluded at a distance and outside business premises,” as well as by other regulations applicable to electronic commerce (Law 34/2002 of July 11, on Information Society Services and Electronic Commerce). Before submitting your purchase order, we recommend that you carefully read these Terms and Conditions, print them or save them for your records, and expressly accept them by clicking on the corresponding box found during the purchase process.

This contract will come into force and have full effect from the moment the client becomes a user.

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

NULLITY AND INEFFECTIVENESS OF THE CLAUSES.

If any clause included in these terms and conditions of sale is declared contrary to law and therefore invalid, in whole or in part, this will not affect the other provisions that are in accordance with the law, and such provision, or the affected part thereof, will be deemed not to have been included. The parties agree to renegotiate those points of the terms and conditions that are found to be invalid and incorporate them into the remaining terms and conditions.

ONLINE CONFLICT RESOLUTION

Under European consumer regulations, companies established in the European Union that conclude online sales or service contracts (including those offering their products via email) and online marketplaces established in the Union must provide on their websites a link to the online dispute resolution platform, through which complaints regarding online purchases can be processed.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

The creation and development of the Online Dispute Resolution Platform is provided for in Regulation (EU) 524/2013 of the European Parliament and of the Council, to try to offer an online mechanism for submitting disputes between consumers and users established in the European Union in a simpler, faster and cheaper way than going to court.

Therefore, through the platform enabled via the link above, the user can submit their complaints, claims, or other comments they wish to make.

In addition, the company has official complaint forms available to consumers and users, who can request them through the contact information provided and indicated on the website.