General Conditions of Purchase
Botega Varsano S.L. (hereinafter, Sirolé), Tax ID (NIF) B02740272 and registered address calle Casa del Tío Mariano,14B, Crevillente(Alicante), assignee of the domain name of the website www.sirole.com and other websites with the same address but with generic top-level domains gTLDs and domain names corresponding to country codes or ccTLD (hereinafter, the website, site or www.sirole.com), and the buyer, where this means any user as specified in the Special Registration Terms and Conditions, of legal age in accordance with Spanish law, who enters www.sirole.com and completes the steps shown there for purchasing one or more of the products in its catalogue, including acceptance of these terms and conditions.
The purpose of these Conditions is to regulate the purchase by the Purchaser of any of the products offered by Sirolé on its Website in exchange for the corresponding monetary consideration under the provisions of Clause 4 below.
The purchase process is simple and may be carried out via the Website itself. To buy on the Website, any Registered User must navigate through the Website’s product catalogue and add products of interest to the basket, specifying the number of units and their size, if appropriate (if there is only one size, the single available option must be selected). It is not possible to add products to the basket without being identified as a Registered User on the Website. Having done this, the Registered User must:
- Click on the basket and then click “Buy”. Registered Users can modify the order by adding or removing products.
- At this point the Registered User is asked to check the information shown on the screen, add any information needed and select the payment method chosen.
- After this, the Registered User must check the order and, depending on the payment method chosen, make the payment and confirm the decision to purchase and complete the transaction, following acceptance of these Conditions.
- Sirolé will confirm it has received the Purchaser’s decision to purchase, and where appropriate will confirm the payment. It will then send the corresponding confirming purchase mail. In the event that the buyer requires an electronic invoice, he may request it at any time by sending an e-mail to firstname.lastname@example.org
- The order will be received by the Purchaser within the period indicated on the Website.
The prices of products appearing on the Website are set by Sirolé and shown in EUROS, including VAT or any other taxes applicable. However, information related to taxes is liable to modification as a result of changes in tax rates. Product shipping and delivery costs shall be those indicated on the Website at any time, depending on the products ordered. Costs derived from the choice of cash on delivery as a method of payment shall be those indicated on the Website during the purchasing process. The Website may include promotions, discounts, freephone numbers, etc. These will appear on the screen, as will any conditions applicable to them.
Acceptance of the General Conditions of Purchase
When the purchase is made entirely through the Website, the Purchaser must read these Conditions and expressly accept them, clicking the corresponding consent box, which is unmarked by default, at the end of the purchasing process.
Right of withdrawal
Sirolé offers the Purchaser the possibility of withdrawing from the purchase for any reason, within twenty calendar days following the date when the last product ordered was received. To do so, the Purchaser must access his private area on the Website with his login data, click on “My Orders”, select the order in which the product whose purchase he wants to cancel is included and select the article. Sirolé will send him an e-mail confirming it has received his decision to cancel. The Purchaser may also notify Sirolé of his wish to cancel by mail send an e-mail to email@example.com
Cancellation form (This form must only be filled in and sent if you want to cancel the contract)
I hereby notify that I wish to cancel my contract to purchase the following [define product], received [enter date of product reception].
Name and surname(s): ______________________________
Within fourteen (14) days of notifying his intention to cancel, the Purchaser must return the products whose sale he has cancelled by sending the product by post, properly packed and with all the original packaging. The Purchaser will not have to pay anything for the return. If the Purchaser chooses another method for the return, he must pay the cost and send it to the following address: Botega Varsano S.L calle Casa del tío Mariano, 14 Cp 03330, Crevillente (Alicante), Spain. From the time when Sirolé receives confirmation that the Purchaser has returned the product(s) whose purchase he has cancelled, or when it has received them (whichever comes first),Sirolé will return the sums paid, through the same means as that used for the purchase. The goods must be returned in identical condition to that in which they were delivered, with all their containers and packaging. If the Purchaser wishes to change the product for a similar one but of a different size, will not have to pay anything for the change.
Changes and returns are free of charge through our transport company. Once you contact us through firstname.lastname@example.org, we will tell you all the necessary steps to make the return and one of our carriers will pick up the package at the indicated address.
You have 15 days from receipt of your order to request a refund.
You must return the product in perfect condition and without signs of use, including the box of the shoes and the labels.
We will pay the amount of what you return in the same method of payment that you initially used, within 5-15 working days from the reception of the product in our warehouses. We will inform you of everything by mail.
How to prepare the package for return or Exchange
- Package your return so that the product and the original packaging (shoes box) are protected.
- Please do not send the return only with the shoes box. It must be protected with another material (carton or bag).
- Our carrier will carry a label with all the data. You do not need to print or write on the package.
What to do if the product arrives in poor condition?
If the product arrives in bad condition, please contact us through the mail email@example.com with:
- Order number
- Photo of the damage
We will contact you as soon as possible to offer solutions.
Obligations of Sirolé
Pursuant to these Conditions, Sirolé agrees to:
- Make its best efforts to executive the steps necessary for the Purchaser to receive the order.
- Make available to the Purchaser the documentation needed for the order.
- Comply with any other obligations included in these Conditions or any other conditions that are applicable.
Obligations of the Purchaser
By accepting these Conditions, the Purchaser agrees to:
- Pay on time and correctly the corresponding amounts, including taxes, fees and any other costs specified during the purchase process. Lack of payment, if this does not occur at the last step of the purchasing process, releases Sirolé from compliance with its obligations.
- Answer for the truth and accuracy of any information that may have been provided in carrying out the purchase.
- Assume any liability arising from a breach of the requirements set by Sirolé to determine the status of Purchaser, or from not having the documentation required to make the order.
- Comply with any other obligations included in these Conditions, or in any other conditions applicable, such as the General Conditions of Use or the Special Registration Conditions; and assume any liability derived from their breach, holding Sirolé fully harmless.
The legal guarantee under the provisions of the Codified Text of the General Law on the Protection of Consumers and Users is applicable.
We have official complaint forms available to consumers and users. You can request them through our e-mail firstname.lastname@example.org
Exclusion of Liability
In no case shall Sirolé be liable for any damage caused to the Purchaser for reasons imputable to the latter.
Sirolé shall only be liable for damage caused to the Purchaser as a result of the purchases carried out through the Website if such damage is the result of deliberate action on its part.
Sirolé shall not be liable for the following, among others:
- The use that the Purchaser may make of the products acquired through the Website. In particular, the use of the living material acquired through the Website, as this depends on circumstances such as weather, seasonal, environmental conditions...
- The suitability of the products to the Purchaser’s real needs.
- Personal or material damage caused as a result of the use of the products.
- Damage to products that has been caused by the company responsible for their transport.
- Breach of its obligations for reasons of force majeure such as, but not limited to, internal or external strikes, natural catastrophes, non-compliance by the company responsible for the transport, etc.
The Purchaser recognises that the products ordered are acquired at his own risk. The activity of Sirolé is limited to the execution of the material tasks needed to ensure delivery of the products that have been selected.
In no case is Sirolé liable for the choice of products made by the Purchaser, even if Sirolé has provided advice in this respect, or for the lack of diligence on the part of the Purchaser in checking the specifications of the products that have been ordered. In any case, the liability assumed by Sirolé with respect to the Purchaser shall in no case include loss of earnings, and will in any event and for any reason be limited to not more than the total amount received by Sirolé from the Purchaser in accordance with the clause on financial terms in these Conditions.
Breach by the Purchaser of these Conditions or any others that are applicable may harm Sirolé. The Purchaser is therefore obliged to compensate Sirolé for any damage, harm, loss or cost (such as lawyers’ or court agents’ fees). If due to a breach by the Purchaser any kind of claims or proceedings are initiated against Sirolé, the Purchaser must hold Sirolé harmless from them, and Sirolé may claim any expense, cost, harm or detriment derived from them.
Sirolé may update and/or modify these Conditions at any time without the need for prior notice. These modifications shall enter into force starting with their publication on the Website through any means and in any form. The modification of these Conditions shall only affect Purchasers who accept them after this modification.
Saving clause and interpretation of these Conditions
These Conditions, the Special Conditions accepted at any time and any other conditions applicable to the Purchaser constitute a single agreement between the Purchaser and Sirolé.
If there is any conflict between the provisions of these Conditions and any other conditions entered into by the parties, the terms and conditions of these Conditions shall prevail over the others, unless the stipulations included in them expressly establish otherwise.
If one of the parties does not require strict compliance with any of the terms of these Conditions at any time, due to impracticality or inconvenience, this does not constitute, and may not be interpreted as, a total or partial modification of these Conditions, nor as a waiver by the party of the requirement for strict compliance with them in the future.
The declaration of one or more of the clauses in these Conditions as null and void by a competent authority shall not render invalid any of the other clauses. In this case, the parties to the contract undertake to negotiate a new clause as similar as possible to the previous one to replace it. If it is not possible to replace the clause and it was an essential part of these Conditions, in the opinion of the party harmed by its removal, the latter may choose to terminate the Conditions.
Any reference made in these Conditions to an article or regulations that have been repealed shall be understood to refer to the equivalent provision replacing it.
The language applicable to these Conditions is Spanish. Any versions in other languages have been provided as a courtesy to assist the Purchaser. However, the Purchaser expressly accepts that the Conditions shall always depend on the Spanish version. If there is any conflict between what the Spanish version of these General Conditions of Purchase and any of their translations say, the Spanish version shall in all cases prevail.
Legislation and jurisdiction
The relations between Sirolé and the Purchaser arising as a result of the acceptance of these Conditions shall be subject to Spanish legislation and jurisdiction. To resolve any disputes or conflicts between Sirolé and a Purchaser who is considered a consumer and user under applicable law on this matter, the two parties shall submit to the courts of the place of residence of the Purchaser, expressly waiving any other venue that they may be entitled to. If the Purchaser is not considered a consumer and user under applicable law, the parties shall submit to the courts of the city of Elche, expressly waiving any other venue they may be entitled to, unless another jurisdiction is expressly stipulated by law. Remember that if you have any problem with a contract or purchase, you may use the European Union’s online conflict resolution system. The link is as follows: https://webgate.ec.europa.eu/odr/