GENERAL TERMS AND CONDITIONS OF SALE https://outletsnowshop.com/
- GENERAL INFORMATION
This website, https://outletsnowshop.com/, is owned by SNOW SHOPW 2023 S.L., with Tax ID: B13987185 and registered in the Madrid Mercantile Register; the registration details are: Volume 45274, Folio 85, Sheet M-796441. Contact details are: Address: C/ Planeta Saturno 9, 28983 - Parla (Madrid), Contact Phone: 627820006, Contact Email: linessnowboutique@gmail.com. This document (along with others mentioned here) governs the conditions under which the use of this Website (https://outletsnowshop.com/) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions) are regulated. For the purposes of these Conditions, it is understood that the activity that the PROVIDER develops through the Website includes: Marketing and distribution of sports products from major brands that authorize us to do this and act as suppliers. In addition to reading these Conditions, before accessing, browsing and/or using this web page, the USER must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the USER consents to be bound by these Conditions and by all the above mentioned, so if you do not agree with all this, you should not use this Website. Furthermore, it is informed that these Conditions could be modified. The USER is responsible for consulting them each time they access, browse and/or use the Website since those that are in force at the time the acquisition of products and/or services is requested will be applicable. For all questions that the USER may have in relation to the Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.
- THE USER
Access, browsing, and use of the Website, confers the status of USER (hereinafter referred to, indistinctly, individually as USER or collectively as USERS), thereby accepting, from the beginning of browsing the Website, all the Conditions established herein, as well as subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as appropriate. The USER assumes their responsibility for a correct use of the Website. This responsibility extends to: · Using this Website only to make legally valid inquiries and purchases. · Not to make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed. · Providing truthful and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use). The USER declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website. The USER may formalize, at their discretion, with the PROVIDER the sale and purchase contract of the products and/or services they desire in any of the languages in which these Conditions are available on this Website.
- PURCHASE OR ACQUISITION PROCESS
Duly registered USERS can purchase on the Website by the means and forms established. They must follow the online purchase and/or acquisition process of https://outletsnowshop.com/, during which several products and/or services may be selected and added to the cart, basket, or final purchase space and, finally, click on: "Pay". Likewise, the USER must fill in and/or check the information that at each step is requested, although, during the purchase process, before making the payment, the data can be modified. Subsequently, the USER will receive an email confirming that the PROVIDER has received their order or purchase request and/or provision of the service, i.e., the order confirmation. And, if applicable, you will also be informed, equally by email when your purchase is being sent. If applicable, this information could also be made available to the USER through their personal connection space on the Website. Once the purchase procedure has concluded, the USER consents to the Website generating an electronic invoice that will be sent to the USER through the email and, if applicable, through their personal connection space on the Website. Likewise, the USER can, if they wish, obtain a paper copy of their invoice, requesting it from the PROVIDER using the contact spaces of the Website or through the contact details provided above. The USER acknowledges being aware, at the time of purchase, of certain particular sales conditions that concern the product and/or service in question and that are displayed alongside the presentation or, if applicable, image of it on its Website page, indicating, by way of example but not exhaustively, and depending on each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way they will be carried out and/or the cost of the benefits; and acknowledges that the making of the purchase order or acquisition materializes the full and complete acceptance of the particular sales conditions applicable to each case. Unless expressly indicated otherwise, the PROVIDER is not the manufacturer of the products sold or that may be marketed on the Website. While the PROVIDER makes great efforts to ensure that the information displayed on the Website is correct, occasionally the packaging and/or materials and/or components of the products may contain additional or different information than that appearing on the Website. Therefore, the USER must not only consider the information provided by the Website but also the information available on the labeling, warnings and/or instructions accompanying the product.
- AVAILABILITY
All purchase orders received by the PROVIDER through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affect the supply of the same and/or the provision of services. If difficulties in terms of product supply or if there are no products in stock, the PROVIDER undertakes to contact the USER and refund any amount that may have been paid as a price. This will also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, except where legal requirements, especially regarding VAT, indicate and apply a different question. Shipping costs are included in the final prices of the products as shown on the Website. Thus, the PROVIDER performs the services of delivery and/or shipping through: GLS. In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the USER has selected and chosen voluntarily and freely. Prices may change at any time, but possible changes will not affect orders or purchases regarding which the USER has already received an order confirmation. The accepted means of payment will be: Credit or debit card The PROVIDER uses all means to ensure the confidentiality and security of payment data transmitted by the USER during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer). Credit cards will be subject to checks and authorizations by the issuing bank of the same, if such an entity does not authorize payment, the PROVIDER will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the USER. Once the PROVIDER receives the purchase order from the USER through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the USER is sent the shipping confirmation and/or confirmation of the service that is provided in form and, if applicable, place established. In any case, by clicking on "Pay" the USER confirms that the payment method used is theirs.
- DELIVERY
In cases where it is appropriate to carry out the physical delivery of the contracted good, the deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands) Except in those cases where there are unforeseen or extraordinary circumstances or, if applicable, arising from the personalization of the products, 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 the maximum period of 30 natural days from the date of the order confirmation. If for any reason, attributable to him, the PROVIDER could not meet the delivery date, he will contact the USER to inform him of this circumstance, and the latter may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the total refund of the price paid. In any case, home deliveries are made on business days. If it were impossible to make the delivery of the order due to the absence of the USER, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to make it be delivered again. If the USER will not be at the delivery location at the agreed time, they must contact the PROVIDER to agree on the delivery another day. In case 30 days have passed since your order is available for delivery, and it has not been delivered for a reason not attributable to the PROVIDER, the PROVIDER will understand that the USER wishes to withdraw from the contract and it will be considered resolved. As a consequence of the resolution of the contract, all payments received from the USER will be returned, except for the additional expenses resulting from the USER's own choice of a delivery method different from the less costly modality of ordinary delivery offered by the Website, without any undue delay and, in any case, within the maximum period of 14 natural days from the date on which the contract is considered resolved. However, the USER must be aware that the transport derived from the resolution may have an additional cost that may be passed on to him. For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the moment the USER or a third party indicated by the USER acquires the material possession of the products, which will be accredited by signing the receipt of the order at the delivery address agreed. The risks that could arise from the products will be borne by the USER from the moment of their delivery. The USER acquires ownership of the products when the PROVIDER 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 it takes place at a time later than the full receipt of the amount subject to payment by the PROVIDER. In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), the purchase orders for their delivery and/or provision will be understood to be located in the Spanish VAT application territory if the delivery address is in Spanish territory except the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at each moment depending on the specific item in question.
- TECHNICAL MEANS TO CORRECT ERRORS
The USER is informed that in case they detect that an error has occurred when entering necessary data to process their purchase request on the Website, they can modify it by contacting the PROVIDER through the contact spaces enabled on the Website, and, if applicable, through those enabled to contact the customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the USER through their personal connection space on the Website. In any case, before clicking on "Pay", the USER has access to the space, cart, or basket where their purchase requests are noted and can make modifications. Similarly, the USER is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with respect to the processing of personal data and the free movement of such data (GDPR) and in the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
- RETURNS
In cases where the USER acquires products on or through the Website of the owner, they have a series of rights, as listed and described below: Right of Withdrawal The USER, as a consumer and USER, makes a purchase on the Website and, therefore, has the right to withdraw from such purchase within a period of 14 natural days without the need for justification. This withdrawal period will expire 14 natural days from the day the USER or a third party authorized by them, other than the carrier, acquired the material possession of the goods acquired on the Website of the PROVIDER or in case the goods that make up their order are delivered separately, to the 14 natural days from the day the USER or a third party authorized by them, other than the carrier, acquired the material possession of the last of those goods that made up the same order of purchase, or in the case of being a service contract, to the 14 natural days from the day of the celebration of the contract. To exercise this right of withdrawal, the USER must notify their decision to the PROVIDER. They may do so, if applicable, through the contact spaces enabled on the Website. 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 the PROVIDER makes available to them as part attached to these Conditions, however, its use is not mandatory. To meet the withdrawal deadline, it is sufficient that the communication that unequivocally expresses the decision to withdraw be sent before the corresponding deadline expires. In case of withdrawal, the PROVIDER will reimburse the USER all payments received, including shipping costs (with the exception of additional expenses chosen by the USER for a shipping modality different from the least costly offered on the Website) without any undue delay and, in any case, no later than 14 natural days from the date on which the PROVIDER is informed of the decision to withdraw by the USER. The PROVIDER will reimburse the USER using the same payment method that they used to perform the initial purchase transaction. This reimbursement will not generate any additional cost to the USER. However, the PROVIDER could withhold such reimbursement until having received the products or items of the purchase, or until the USER presents proof of the return of the same, whichever condition is met first. The USER can return or send the products to the PROVIDER at: C. Puerto de Navacerrada, km 23, Snow Track (Xanadu Shopping Center), 28939 Arroyomolinos (Madrid) And must do so without any undue delay and, in any case, no later than within 14 natural days from the date on which the PROVIDER was informed of the decision to withdraw. The USER acknowledges knowing that they must assume the direct cost of return (transport, delivery) of the goods, if any were incurred. Furthermore, they will be responsible for the decrease in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. The USER acknowledges knowing that there are exceptions to the right of withdrawal, as set out in article 103 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. By way of example, and not exhaustive, this would be the case for: personalized products; products that may deteriorate or expire rapidly; CDs/DVDs of music or video without their wrapping, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support. In the same sense, the provision of a service that the USER could hire on this Website is governed, since this same Law establishes that the Right of Withdrawal will not assist the USERS when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and USER and with the acknowledgment by the latter that they are aware that, once the contract has been completely executed by the PROVIDER, they will have lost their right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of it, of products that are not in the same conditions in which they were delivered or that have suffered some damage after delivery. Likewise, the products must be returned using or including all their original packaging, instructions, and other documents that may accompany them, in addition to a copy of the purchase invoice. Return of defective products or error in shipping These are all those cases where the USER considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and therefore, they must immediately contact the PROVIDER and let them know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal). The USER will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the USER will be informed, within a reasonable time, whether the refund or, if applicable, the replacement of the same proceeds. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send an email confirming that the refund or replacement of the non-conforming article proceeds. The amount paid for those products that are returned due to some defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the USER may have incurred to make the return. The reimbursement will be made by the same means of payment that the USER used to pay for the purchase. In any case, the rights recognized in the legislation in force at each time for the USER, as a consumer and USER, will always be observed. Guarantees The USER, as a consumer and USER, enjoys guarantees on the products that they may acquire through this Website, in the terms legally established for each type of product, thus responding the PROVIDER, therefore, for the lack of conformity of the same that is manifested within a period of three years from the delivery of the product. In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by the PROVIDER and possess the qualities presented in the same; are suitable for the uses to which products of the same type are ordinarily destined; and present the quality and performances usual of a product of the same type and that are fundamentally expected from the same. When this is not so with respect to the products delivered to the USER, they must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore form part of the individual appearance of the product, and will not be a defect. On the other hand, it could happen that the USER acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the USER that it is a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right to legal warranty directly against them during the three years following the delivery of said products. To do this, the USER must have kept all the information in relation to the warranty of the products.
- EXONERATION OF LIABILITY
Except legal provision to the contrary, the PROVIDER will not accept any responsibility for the following losses, regardless of their origin: · Any losses that were not attributable to any breach on its part; · Business losses (including lost profit, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or · Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized. Likewise, the PROVIDER also limits its responsibility in the following cases: The PROVIDER applies all the measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or others of this nature. The PROVIDER will act with the utmost diligence for the purpose of making available to the company in charge of the transport of the product subject to the order of purchase. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, retentions on roads, and in general any others own of the sector, which result in delays, losses or thefts of the product. Technical failures that due to fortuitous or other causes, prevent a normal functioning of the service through the internet. Lack of availability of the Website for reasons of maintenance or others, which prevent having the service. The PROVIDER puts all the means at its disposal to carry out the process of purchase, payment, and shipping/delivery of the products, however, it exempts itself from responsibility for causes not attributable to it, fortuitous case, or force majeure. The PROVIDER will not be responsible for the misuse and/or wear of the products that have been used by the USER. At the same time, it will also not be responsible for a wrong return made by the USER. It is the responsibility of the USER to return the correct product. In general, the PROVIDER will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are outside its reasonable control, that is, that are due to force majeure, and this may include, by way of example but not exhaustive: Strikes, lockouts or other claim measures. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. Impossibility of use of trains, ships, airplanes, motor transport or other means of transport, public or private. Impossibility of using public or private telecommunications systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority. In this way, the obligations will be suspended during the period in which the force majeure cause continues, and the PROVIDER will have an extension in the term to fulfill them for a period of time equal to the one that lasts the force majeure cause. The PROVIDER will put all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
- WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the USER accepts that most communications with the PROVIDER are electronic (email or notices posted on the Website). For contractual purposes, the USER consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that the PROVIDER sends electronically comply with the legal requirements of being in writing. This condition does not affect the rights recognized by law to the USER. The USER can send notifications and/or communicate with the PROVIDER through the contact details that are provided in these Conditions and, if applicable, through the contact spaces of the Website. Likewise, unless otherwise stipulated, the PROVIDER may contact and/or notify the USER at their email address or at the postal address provided.
- WAIVER
No waiver of a right or specific legal action or the lack of requirement by the PROVIDER of the strict compliance by the USER of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor exonerate the USER from the fulfillment of its obligations. No waiver of any of these Conditions or the rights or actions derived from a contract will have effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the USER in writing.
- NULLITY
If any of these Conditions were declared null and without effect by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
- COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the USER and the PROVIDER in relation to the object of sale and purchase and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties. The USER and the PROVIDER acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
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DATA PROTECTION The information or personal data that the USER provides to the PROVIDER during a transaction on the Website, will be treated in accordance with the provisions in the Privacy Policy or data protection policy (contained, if applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website the USER consents to the processing of such information and data and declares that all the information or data that they provide are truthful.
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APPLICABLE LEGISLATION AND JURISDICTION
Access, browsing and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish law. Any controversy, problem or disagreement that arises or is related to access, browsing and/or use of the Website, or with the interpretation and execution of these Conditions, or with the contracts of sale between the PROVIDER and the USER, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
- COMPLAINTS AND CLAIMS
The USER may convey their complaints, claims or any other comment they wish to make to the PROVIDER through the contact details provided at the beginning of these Conditions (General Information). Moreover, the PROVIDER has official complaint forms available to consumers and USERS, which they can request from the PROVIDER at any time, using the contact details provided at the beginning of these Conditions (General Information). Likewise, if from the celebration of this purchase contract between the PROVIDER and the USER a controversy arises, the USER as a consumer may request an out-of-court resolution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council, of May 21, 2013, on the resolution of online consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.