SALES CONDITIONS - Siyu
Pret à Porter and swimwear collection for women. Siyu’s world is primarily visual. Its original prints and colour are the essential to create their collections.
Prêt-à-porter, Swimwear
34882
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GENERAL CONDITIONS OF CONTRACT

 

  1. Purpose and scope of application.

These Conditions regulate the use and access to the on-line store for the acquisition of any of the products offered. To carry out the purchase process, the user must unconditionally accept each of these general conditions of contract and navigation. SIYU may, at any time and without prior notice, amend these General Conditions of Contract and the conditions of use of this Web site, as well as the particular conditions that may be included, as the case may be, through the publication of said amendments in the store to be known by the customer-users, along with the date of said modifications.

  1. Liability of SIYU.

 SIYU reserves the right to interrupt access to the Website, as well as to the provision of any or all of the Services provided through this portal at any time and without prior notice, whether for technical, security, control or maintenance reasons, for failure of power supply or for any other justified cause.

Consequently, SIYU does not guarantee the availability or continuity of the Website or the Services, and the use thereof by the users shall be at their own risk,  without SIYU being held responsible at nay time in this regard.

In addition, SIYU does not assume any liability, including but not limited to:

  • a) The use that users make of the materials available in the Website, in violation of the intellectual and / or industrial property rights of the contents of the Website itself or third-parties’
  • b) The possible damages to the users caused by a normal or abnormal operation of the tools, contents and / or access to the Web and, in general, of the errors or troubles arising from the development or implementation of the technical elements that are part of the Web portal.
  • c) The contents of those pages that users can have access to from Web links.
  • d) Errors or delays in the access to the Web by the user when entering their data in the relevant form or any anomaly that may arise when these incidents are due to problems in the Internet, unforeseeable circumstances or force majeure or any other unpredictable contingency beyond the control of SIYU.
  • e) Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that the services of the website are not guaranteed to be constantly operative.
  • f) Errors or damage to the website due to inefficient use of the service and in bad faith by the user.
  • g) The non-operability or problems in the e-mail address provided by the user for the delivery of the requested information.
  • In any case, SIYU is committed to solving the problems that may arise and to offer the user all the necessary support to achieve a quick and satisfactory solution of the incident.
  1. Obligations of clients and users.

 Every user of the Web portal undertakes to use the Services diligently, as well as to comply with the special warnings or instructions for use contained in these conditions of use. Specifically, including and without limitation, the user agrees to:

  • a) Provide truthful information on the data requested in the user registration form or order fulfilment, and to keep it updated.
  • b) Not to introduce, store or disseminate information or material that breaches fundamental rights, civil liberties, honour, privacy or the image of third parties and, in general, current regulations.
  • c) Not to enter, store or disseminate through the store, any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the Web portal, in any of the services, or any of the equipment, systems or networks of SIYU, of any other user, of SIYU’s suppliers or, in general, of any third party.
  • d) Not to use false identities or impersonate the identity of others in the registration or contracting of products in the on-line store.

 

Finally and especially, the user who makes a purchase through the Web portal undertakes to facilitating the reception of the requested order by providing an address where the requested order can be delivered within the usual goods delivery schedule. Failure by the customer to comply with this obligation, will exonerate SIYU of any responsibility derived from the incapacity of delivering the requested order.

All users will be liable for any kind of damages that SIYU may suffer as a result of, or as a consequence of failure to comply with any of the aforementioned obligations, as well as of any others included in these General Conditions and / or those regulated by  Law in relation to the use of the Web.

SIYU will monitor at all times compliance with the current legal system, and reserves the right to update the contents when it deems appropriate, as well as to remove, limit or prevent access to them, either temporarily or permanently, as well as to deny access to the Website to any user who misuses the contents and / or who fails to comply with any of these General Conditions.

  1. Payment and Taxes.

The products offered on the Web along with their price and features will appear on the screen, as well as the shipping costs.

These costs, if applicable, will be applied per shipment regardless of the number of items contained therein. The prices indicated on the screen are in euros and include VAT and any other tax applicable in Spanish territory, such as the Tax on Production, Services and Imports applicable to the Canary Islands, Ceuta and Melilla.

VAT is the value added tax applied to the goods sold by SIYU within the European Union (EU). Based on the legislation in force within the member states of the European Union, SIYU is obliged to apply VAT on all orders delivered in member territories of the European Union. In general, VAT is applied according to each country’s local legislation.

The final sale price includes the VAT in force in Spain. However, the final price of the order may vary according to the VAT rate applied depending on the country of destination of the package.

SIYU reserves the right to modify the articles prices of the articles offered on the Web, the billing basis being the rates in force at the time the order is placed, provided that the articles are available.

SIYU reserves the right to decide, at any time, the products appearing and offered to the Users through the Web, including, in any case, new products, along with those already existing, regulated under the provisions of the General Conditions in force at that time, except as otherwise provided. Likewise, SIYU reserves the right to stop providing access, at any time and without prior notice, to any of the elements offered on its website.

  1. Placing the order

Once the user has selected all the items it wishes to buy, these will have been added to the cart, and it can proceed to process the order and make the payment. To do this, the following procedure must be followed:

  1. Click on the “Confirm” button.
  2. Fill in and check the contact information, the order details, the shipping address of the order / invoice
  3. Select a payment among the possible options and click on “Confirm order”.
  4. At this moment, if necessary and according to the selected payment, there will be a redirection to a secure payment page in which it will be formalized, according to the chosen criteria.
  5. Once the payment has been processed and verified, the order will be confirmed.

Payment can be made with the credit cards accepted at any time. In each case and to minimize the risk of unauthorized access, the user will be redirected to a secure external environment provided by the entities in charge of the collection through the use of appropriate technologies, such as Verisign or similar to ensure a safe payment.

Credit cards will be subject to checks and authorizations by the issuer of the same, so, consequently, if the relevant entity does not authorize the payment, SIYU is not responsible for the non-processing of the order or failure to deliver it, and contract with the user shall be deemed as not formalized

The prices and offers shown in the on-line store are valid for orders placed directly from the Web. The validation of the order by the user expressly implies the aknowledgement and acceptance of these General Conditions of Contract as part of the execution of the contract. Unless otherwise stated, the data registered by SIYU constitutes the evidence of the set of transactions made between SIYU and the customer user.

Once the purchase has been made and in the shortest possible time from the purchase confirmation, a receipt of the purchase will be sent by e-mail. In case of discrepancies with the data entered in said confirmation, within a maximum period of 48 hours from said confirmation, the customer may request the amendment thereof or the cancellation of the contract at the following electronic address  

 

  1. Availability of products

 The selection of products offered by SIYU will be subject to the available stock limits.

If the goods are in stock, the average delivery time is 48 to 72 hours.

In any case, the delivery time that transport operators may in turn have, must be added to these deadlines.

These terms are counted in working days (from Monday to Friday) since SIYU does not deliver on holidays, Saturdays or Sundays.

The delivery times stated are always indicative and only orders to valid addresses within Spain, except Canary Islands, Ceuta and Melilla, will be processed.

In the event that there is any breakage of stock or occasional unavailability of an item, SIYU will contact the user to immediately notify it of a new delivery time.

Were it not possible to serve the requested product, it will be cancelled, and the customer may be offered, if possible, another product of similar characteristics to the selected one.

In any case, a delay in delivery with respect to the deadlines stated will not entitle the customer to claim a compensation.

  1. Delivery of the order

 Once the purchase has been authorized by the payment gateway of your choice, SIYU will send you an email confirming the order and the products purchased.

This document shall be the invoice of the purchase performed.

After that, the transport agency will be notified accordingly to deliver the order.

Currently, SIYU works with DHL or TNT air transport companies.

  1. Costs and delivery deadlines to national territory, including Ceuta, Melilla or Canarias.

 The shipping and / or management costs are included in the final price and are shown before concluding the purchase.

Shipments can be made anywhere within the national scope, including Ceuta, Melilla, Canary Islands, and any other country, both within the European Union and outside it.

The products are sent to the shipping address stated in the order.

In the case of placing an order for several items with different availabilities, the delivery time will take into account the longest expected delivery.

However, SIYU reserves the right to disaggregate the order, thus offering the customer the possibility of sending the available items and leaving the items not available pending a second shipment,

In this case, the customer will be informed of the additional costs that a second shipment may have.

  1. Right of withdrawal, changes and returns for shipments within the national territory.

Were the customer not satisfied, it can return or exchange the product and exercise its right of withdrawal on the purchase made in the on-line store during the 14 working days following the reception of the order and provided that the following circumstances are met:

  • a) If the customer is not satisfied with the product:
  • It will proceed to its return by shipping it at its own expense.
  • Once verified the correct reception of the returned product, SIYU will refund the amount paid.
  • b) Manufacturing defective product:
  • The customer must return it at its own expense.
  • Once SIYU receives the manufacturing defective product and after verifying the manufacturing defect, SIYU will proceed to replace it and send it to the customer.
  • In this case, the change will always be made for the same article or reference.
  • Only the first shipment will be invoiced, SIYU bearing the costs corresponding to the return and new shipment.
  • c) A product that, by mistake, does not match the order:
  • The proceedings will be as in the previous case and after verifying the error, the correct product will be shipped again.
  • SIYU will bear the shipping costs of the wrong product and of delivery of the item corresponding to the order placed.
  • d) If it is a gift:
  • It can be changed if the product has not been unsealed and provided it is in perfect condition.
  • The amount of the purchase will never be refunded but an exchange can be made for an article of the same or higher amount.
  • The shipping costs, and the difference in price, if any, will be borne by the person making the exchange.
  • e) In any case, the item to be returned or changed must be properly packaged for return using or including its original packaging.
  • The return must also include all documents and wrapping of the products.
  • f) There will be no right to withdraw from the Contract when a product or personalized item is supplied according to the taste and needs of the customer.
  • On the other hand, for hygiene or health reasons, garments such as swimsuits, bikinis, or underwear shall not be covered by the right of withdrawal.
  • g) In the event that SIYU deems that the return or exchange of the purchased product or the refund of the amount paid is not applicable, it will notify it to the customer, which may exercise the corresponding rights before the relevant entity.

In this case, the returned product will be available to the customer for collection or removal for a period of one month, after which, and without its having been collected or removed, the product will be deemed abandoned, proceeding to its legal destination.

Please, be aware that in order to proceed to the return or to exercise the withdrawal rights, the customer must include in the package to be sent to SIYU, the form attached to each order entitled “return sheet”, the original invoice and the item to return, which must be properly packaged for its return, together with all instructions for use and possible accessories.

  1. International shipping costs and delivery deadlines

 For the products supplied or whose purchase is made outside Spanish national territory, the prices indicated DO NOT include import taxes (duties), which will be paid in cash at destination by the recipient of the goods).

The delivery time is 10 working days within the European Union.

In the rest of destinations, the delivery time is approximately 10 working days of the customs.

The at-home delivery time will vary depending on the time needed to pay taxes (except for customs inspections).

In any case, we will try to send the order in the shortest possible time, therefore, the Customer must take into account the provisions of the country of destination for the import of the requested items, since SIYU shall not be responsible for them.

Nor shall SIYU be liable for the effects of strikes, wars or other circumstances beyond its control, nor shall it be responsible for delays in customs clearance or when local authorities decide to proceed to the seizure of any item contained in a shipment.

  1. Return Policy for International shipments 

If the Customer who has made a purchase from outside the Spanish National territory wishes to cancel the order, it must inform us within a maximum period of 24 hours since the purchase, as in this interval, the item may be travelling and it is not always possible to cancel the shipment.

If the order has already been shipped, the Customer must pick it up when it is delivered and contact SIYU within a maximum period of 14 days from the reception date.

The total value of the order will only be returned in the event of error of items or a manufacturing defect.

The refund will be made using the same payment method as when it was originally paid.

The products must be returned unused, with all the labels attached and in their original packaging in good condition.

The state of the product will be verified before proceeding to the refund.

Should there be other reasons for the return, the return costs will not be refunded.

Both shipping costs and return costs, including customs and local taxes, will be the borne by the customer.

Should the return costs be higher than the value of the goods to be returned, the remaining balance will be charged using the same method as the original payment.

In any case, the customer must include in the package to SIYU, the form attached to each order entitled “return sheet”, the original invoice, and the item to return must be properly packaged for its return, along with all the instructions for use and its possible accessories.

  1. Product warranty.

The warranty period for the products is two years, although it does not cover deficiencies caused by negligence, bumping, improper use or handling, incorrect installations, etc., nor the normal wear and tear of the products.

  1. Refund of amounts paid.

The refund, where appropriate, will be made using the same payment method of the purchase.

It should be borne in mind that SIYU will not refund any amount or make any goods return until the verification of the reception and packaging condition of the article to be returned or changed in our warehouses.

The price to return is the one originally stated in the order, except for the return costs, which will only be refunded when the reason for the return is attributable to SIYU.

After the verification of the correct condition of the returned product, SIYU will proceed to refund the amount within a maximum period of 30 days from the date of withdrawal or termination of the contract.

  1. Applicable legislation. Jurisdiction.

The sale is understood to have taken place within Spanish territory, so for any interpretive or litigious issues that may arise, Spanish legislation will be applicable and, in case of dispute, both parties agree to submit, waiving any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the domicile of the consumer.

Finally, we remind customers that in the case they want to file a complaint for an incident concerning the contractual relationship, they can submit it by filling out the following electronic form:

http://ec.europa.eu/consumers/odr/

http://ec.europa.eu/consumers/odr/

http://ec.europa.eu/consumers/odr/

These General Conditions of Contract are updated as of May 7, 2018.

 

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