General conditions

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 number 932257990 and e-mail ventas@systemaction.es, with CIF B67172155, and registered in the Mercantile Registry of Barcelona, Volume 4638, folio 52, page B516041, Section 1.

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

In addition to reading these Conditions, before accessing, browsing and/or using this website, the user must read the Legal Notice, the Privacy Policy and the Cookies Policy. By using this website, by making and/or requesting the purchase of products through it, the user agrees to be bound by these conditions and by everything mentioned above, so, if you do not agree with all of this, 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 both the content and products offered through it, as well as the way in which these are presented or located on its servers. The user is responsible for consulting these conditions every time they access and/or browse this website since those that are in force at the time the purchase of products is requested will be applicable. You can always consult and print the updated version by clicking the "Purchase Conditions" link.

Orders may only be placed to purchase products without the intention of resale. Any 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 requested by a client with whom there may be a difference/controversy in previous orders, or when there are reasonable doubts that may lead us to believe that the customer is violating any of the specified purchase conditions or is participating in any criminal activity.

USER OBLIGATIONS

Access, navigation and use of the website confers the status of user, therefore, from the moment navigation begins, all the Conditions established here are accepted.

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 obliged to communicate to SYSTEM ACTION all the data necessary for access and use of the services of this website. These must be truthful, legal and current, and you also agree that we may use them to contact you if necessary.

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

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

The website is aimed primarily at users residing in Spain. SYSTEM ACTION does not ensure that the website complies with the laws of other countries, either totally or partially, SYSTEM ACTION declines all responsibility that may arise from such access.

The user may formalize the purchase and sale contract of the desired products with SYSTEM ACTION in Spanish.

SECURITY MEASURES

We will put in place all reasonable mechanisms available to us to ensure that your personal data is kept secure at all times. However, you agree that no data transmission over the Internet can be guaranteed to be secure from access by unauthorized recipients and we cannot be held liable for any breach of security unless it is 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 immediately notify us of the loss, misplacement, theft, theft or illegitimate access to your username and password, as well as as its knowledge by third parties.

PURCHASE PROCEDURE

You can navigate the website until you find the desired item. Once located, clicking on it will access all the information and details about the product. You can add the product to the bag by clicking on the corresponding icon at the top of the page. You can continue browsing, select more products and add them to the bag, or go to the final purchase space by clicking on the bag icon where all the selected products will be indicated, detailing the unit price, quantity and total price for each item. , and click on the 'process order' button.

Once in the bag you will be able to view the list of products you have selected and the total price to pay including the corresponding taxes and shipping costs.

Once you have selected and included all the desired products in the bag, and want to proceed to finalize the purchase, you must click on 'process order'. If you are placing an order with us for the first time, you can place it as a guest so prior registration will not be required, you will only have to indicate the necessary information to process the order. If you choose to purchase as a guest, you must indicate your information each time you place an order through our website. If you prefer to register and thus save time on your next orders, you must enter your details in the registration form available 'Create an account'. If you are a user already registered and with an active account, you must enter your username or email and password and the system will recognize your data. Once you are in your account you can continue your purchase and finally confirm the order.

You must select the payment method, which you can consult in the 'Payment Methods' section, the shipping costs can be consulted in the 'Shipping' section. Subsequently, accept the purchase conditions and finally, by clicking on 'place order' you can make the payment using the chosen method. If this is a credit card, you will be asked to enter your credit card information and click "Authorize Payment".

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

Your card will be charged when your order leaves our warehouses. If your payment method is Paypal, the charge will be made when we confirm the order. By clicking "Authorize Payment" you are confirming that the credit card is yours.

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 that 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, of which you will be informed via another email in which we will confirm 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 the subject of the Contract.

No contract will exist between you and the company in relation to any product until your order has been expressly accepted by the company. If your request is not accepted and a charge has already been made to your account, the amount will be refunded in full.

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

The user acknowledges being aware, at the time of purchase, of certain particular conditions of purchase of the products and that they are shown together with the presentation and image of each product on the website, indicating, by way of example, but not exhaustive , and taking into account each case: name, price, components, weight, quantity, color, details or characteristics; and acknowledges that placing the purchase order materializes full and complete acceptance of the particular purchase conditions applicable to each case.

PRODUCT AVAILABILITY

All product orders are subject to availability.

In this sense, if difficulties arise regarding their supply or if there are no items in stock, the company reserves the right to provide you with information about substitute products of quality and equal or greater value that you may order.

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

TECHNICAL MEANS TO CORRECT ERRORS

In the event that errors occur when entering 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 authorized to contact customer service, and/or using the contact details.

Likewise, the user can 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 regarding the treatment of personal data (GDPR).

CONFIRMATION AND CANCELLATION OF ORDERS

Prior to completing the order on your part on the website, you will be able to review all the details associated with it (amounts broken down into all the necessary headings - taxes, transport costs, selection of items, etc.), being able to correct the that you consider necessary.

After confirmation, it will not be possible to modify or cancel the order through the website; you must contact System Action using the forms provided for this purpose on the website or through the contact information indicated in these conditions. In this case, the order can only be modified or canceled if the item has not entered the shipping phase from our warehouses.

REFUSAL TO PROCESS AN ORDER

The company reserves the right to withdraw, at any time, a product from this website and to remove or modify any material or content thereof due to exceptional circumstances that force it to reject the processing of any order after having sent it. the Order Confirmation.

The company is not responsible to you or any third party for removing any product from this website, regardless of whether said 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 shipping to the entire territory of the European Union, with the exception of Ceuta, Melilla and the Canary Islands. Any other delivery address will automatically cancel the order.

The physical delivery of the purchased goods will be made to the shipping address that appears in your order request. Home delivery of orders will be carried out by a logistics operator within normal working hours.

Except for those cases in which there are causes of force majeure, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the website according to the shipping method selected by the user and, in any case , within a maximum period of 15 calendar days from the date of order confirmation. The usual delivery time will be between 24 and 48 hours (in Spain and Portugal, except the Canary Islands, Ceuta and Melilla) and 72 hours for the rest of the European Union. This period may increase due to force majeure, among others: weather conditions, wars, strikes, any form of government intervention, etc. Deliveries are made on business days.

It will be understood that delivery has occurred at the time when the user or a third party indicated by the user acquires material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

If upon receiving the package you notice that the box has arrived defective or you believe that it may have been tampered with, you should not accept the package, you should contact us immediately. If you have accepted and verify that the package has been damaged or tampered with, you must contact us as soon as possible to process the process with the transport company.

The risks that may arise from the products will be borne by the user from the moment of delivery. The user acquires ownership of the products when SYSTEM ACTION receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place in a moment after complete receipt of the amount to be paid by SYSTEM ACTION.

IMPOSSIBILITY OF DELIVERY

If it is impossible to deliver the order due to the user's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.

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

If 15 days have passed since your order is available for delivery and it has not been delivered for reasons not attributable to the company, it is understood that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 calendar days from the date on which we consider the Contract terminated.

However, the user must keep in mind that the transportation derived from the resolution may have an additional cost that may be passed on to them.

If for any reason attributable to it, SYSTEM ACTION cannot meet the delivery date, it will contact the user to inform them of this circumstance and they may choose to continue with the purchase by establishing a new delivery date or cancel it. the order with a full refund of the price paid.

PRICE, PAYMENT AND SECURITY

The prices included in the articles are the final prices, in Euros (€) and include taxes (VAT), except in cases of obvious error.

The prices on this website include VAT. The applicable rate will be the one legally in force at all times, but they exclude shipping costs, which will be added to the total amount due, unless the order price exceeds 50 Euros for shipments to Spain. and Portugal and on orders over 100 Euros for the rest of the territory. In these cases, shipping will be free and will not be included with the price of the product.

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

We use "Akamai" to ensure that the payment has been made securely. Credit cards will be subject to verification and authorization by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

GIFT CARD

The purchase amount of a gift card will only be redeemable 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 you are not satisfied with any of the products in your order, you have the right to withdraw from said purchase and request a return.

To communicate your total or partial withdrawal from the purchase of the Product, in accordance with applicable legislation, you have a maximum period of 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired possession. material of the goods purchased on the SYSTEM ACTION website. In the event that the goods that make up your order are delivered separately, you have a maximum period of 14 calendar days counted from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of the goods that made up the same purchase order. Returns made on time will not entail any penalty. However, the Customer must assume 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

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that SYSTEM ACTION makes available to them, however, its use is not mandatory. To comply with the withdrawal period, it is sufficient for the communication of the decision to withdraw to be sent before the corresponding period expires.

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

SYSTEM ACTION will refund the user using the same payment method used to make the initial purchase transaction. This refund will not generate any additional cost to the user. SYSTEM ACTION could withhold said refund until the purchased products have been received, or until the user presents proof of their return, depending on which condition is met first.

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

We offer you the possibility of returning garments purchased online. Once you receive your order, you have 15 calendar days from receipt of the order to return the products you want. Furthermore, the user will be responsible for the decrease in value of the products, resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods. Products must be returned properly protected in transit and with a copy of the invoice. Items can be returned free of charge in our stores (excluding El Corte Inglés points of sale) or by sending them postage paid 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 exhaustive, this would be the case of:

- Products that do not allow their return due to hygienic or health protection reasons, if they have been unsealed after delivery.

- Products that may deteriorate or expire quickly.

- Sealed sound or video recordings or sealed software, if you had unsealed them after delivery.

- Goods made according to your specifications or clearly personalized.

- Digital content that would not have been delivered on a physical medium if you had consented to the execution at the time of delivery and without withdrawal being possible from that moment.

- In any case, no refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

EXCHANGES AND RETURNS OF DEFECTIVE PRODUCTS OR SHIPPING ERROR.

When you consider that, at the time of delivery, the product does not comply with what is stipulated in the Contract, you must contact us immediately and let us know of the existing nonconformity (defect/error) on the form or in sales@systemaction.es and provide us with your data, the product data and the damage it suffers.

The company will carefully examine the returned product and will inform you by e-mail, within a reasonable period of time, whether or not it should be returned or replaced. If so, this will be done as soon as possible and, in any case, within 30 days following the date on which the company sends you an email confirming that the non-conforming item is to be returned or replaced.

The amounts paid for those products that are returned due to a defect or defect, when it really exists, will be fully refunded, including the delivery costs incurred to deliver the item and the costs that the user would have incurred to make the return. The refund will be made in the same payment method that was used to pay for the purchase.

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

The rights recognized by current legislation remain safe.

PRODUCT WARRANTY

If you contract as a consumer and user, we offer you guarantees on the products that we sell through this website, in the terms legally established for each type of product, responding, therefore, for any lack of conformity that may arise. within a period of two years from the date that appears on the purchase receipt or invoice, or on the delivery note if the delivery is later.

It is understood that the products comply with the contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily intended. of the same type and (iii) present the usual quality and performance of a product of the same type that are reasonably expected. When this is not the case with respect to the products delivered to the user, the user must proceed as indicated in the Return of defective products or shipping error section.

The warranty period is three years, although it does not include deficiencies caused by negligence, knocks, incorrect use or improper manipulation, etc., nor materials that are worn due to use.

LIABILITY AND WAIVER OF LIABILITY

The company's liability, unless expressly provided 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 is not excluded or limited in the following cases: Death or personal injury caused by our negligence; Fraud or fraudulent misrepresentation; In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability. Without prejudice to the provisions of the previous paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, the company will not accept any responsibility for the following losses, regardless of their origin: Losses of income or sale Loss of business, Loss of profits or loss of 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 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 that the opposite is expressly established therein.

All product descriptions, information and materials appearing on this website are provided as truth and without express or implied warranties regarding them.

WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with 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 comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

TRANSFER OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and the company, as well as our respective successors, assigns and assigns. You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or to you, without having obtained the written consent of the company. The company reserves the right to transfer, assign, charge, subcontract or otherwise transfer a Contract or any of the rights or obligations derived from it in our favor or to us, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, if applicable, you have as a consumer recognized by law or will nullify, reduce or limit in any other way the guarantees, both express and tacit, that the company would have granted.

DATA PROTECTION.

Straight and Narrow, SL is responsible for the processing of the personal data that you provide to us, and informs you that these data will be processed in accordance with the provisions of Regulation (EU) 2016/679, of the European Parliament and of the Council, of 27 of April, Organic 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 information society services and commerce electronic.

For more information about the processing of your personal data, you can consult our privacy policy.

EVENTS OUTSIDE OUR CONTROL

The company is not responsible for any non-compliance or delay in the fulfillment of any of the obligations it assumes arising from the execution of a Contract, the cause of which is due to events that are beyond the reasonable control of the company ("Cause of Force Elderly").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond the reasonable control of the company and, among others, the following:

Strikes, lockouts or other industrial action.

Civil unrest, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.

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

Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

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

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

It will be understood that the company's obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and it will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Cause of Force Majeure. Force Majeure. The company will use all reasonable means 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 conditions of sale is declared contrary to law and, therefore, invalid, in whole or in part, this will not affect the other provisions in accordance with the law, with such provision, or the part thereof, being affected. , for not putting. The parties undertake to renegotiate those points of the conditions that are void and to incorporate them into the rest of the conditions.

RIGHT OF THE COMPANY TO MODIFY THESE CONDITIONS.

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

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

APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the contracts for the purchase of products through it will be governed by Spanish legislation. Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes you as such.

These General 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 a commercial establishment” as well as by the other regulations applicable to electronic commerce (Law 34/2002 of July 11 on Information Services). the Information Society and Electronic Commerce). Before sending the purchase order, it is recommended to carefully read these Conditions, print them or save them in order to archive them and expressly accept them by clicking on the corresponding box that you will find in the purchase process.

This contract will come into force and take 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, can be stored, archived and reproduced by the usual electronic or computer means.

NULLITY AND INEFFECTIVENESS OF THE CLAUSES.

ONLINE DISPUTE RESOLUTION

Under European consumer regulations, companies established in the European Union that enter into contracts for the sale or sale of online services (including those that offer their products via email) and online markets established in the Union , must offer on their websites the link to the online dispute resolution platform, through which claims for contracts made online 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 Union. European Union in a simpler, faster and cheaper way than going to court.

Therefore, through the platform enabled through the previous link, the user can send their complaints, claims or other types of comments that 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.