Terms and Conditions - B2B
Terms and Conditions - B2B
WARNING: THE ENGLISH VERSION OF THE TERMS AND CONDITIONS IS FOR PURELY INFORMATIONAL PURPOSE. SHOULD ANY CONTRADICTION ARISE BETWEEN THE ENGLISH VERSION AND THE SPANISH VERSION, THE LATTER SHALL ALWAYS PREVAIL.
This website is property of SIROKO SOLUTIONS S.L., with a registered office at PLAZA 6 DE AGOSTO N.º 6, 2º C- 33005 GIJÓN.
GENERAL
The purpose of these General Terms and Conditions is to establish the legal rules and regulations of any sale made by the owner of the products, hereinafter referred to as the Owner, offered through the online channel (web and social networks, if relevant), hereinafter referred to as the Website, in exchange for a determined price paid by the Client.
By accepting these Terms and Conditions, the Client agrees to abide by the rules and conditions contained herein, as well as the rules set forth in other legal texts of the website, which the Client also declares to know and accept (specifically the Legal Notice, Privacy Policy and Cookies Policy).
All the information provided on this sales Website is intended for BUSINESS CLIENTS CONDUCTING COMMERCIAL ACTIVITY FOR PROFIT WITHIN THEIR BUSINESS, TRADE OR PROFESSIONAL AREA, therefore, the rules and regulations for personal consumers do not apply as this Website is not a sales channel for personal use.
ENTRY INTO FORCE
These General Terms and Conditions, together with the Client’s order confirmation, form a legally binding contract between the Owner and the Client for the supply of the products. All proceedings must be complied with these Terms and Conditions and no other conditions shall apply, all of the above in accordance with Article 1091 of the Spanish Civil Code.
The Client shall be deemed to agree with the General Terms and Conditions provided for in this document as from the moment he/she accepts that he/she has read and agrees with them by means of the tools provided for this purpose on the Website.
The Owner reserves the right to modify these conditions, which shall not apply to the products contracted prior to any such modification.
ORDER PLACEMENT
To place an order, the Client must meet the following requirements:
- Be of legal age
- Be registered as a professional business entity
- A legal person or a separate legal entity requesting access to make purchases on the platform, once authorized by SIROKO SOLUTIONS S.L., will be referred to in these conditions as "Client". SIROKO SOLUTIONS S.L. hereinafter will be referred to as "Owner".
PRICING
The price of each product shall be clearly determined on the Website prior to purchase. The prices shown for each product on the B2B platform are VAT exclusive, the latter being clearly shown and visible in the Client's "shopping cart" where applicable.
For orders to the Canary Islands, Ceuta and Melilla in Spain, deliveries shall be exempt from VAT in accordance with the Law 37/1992 of December 28, 1992, on Value Added Tax, without affecting the application of tariffs and taxes in accordance with the regulations in force in those territories.
For companies conducting business in other European Union countries and having an Intra-Community tax ID number (VAT number valid in VIES), the invoice prices are exempt from VAT.
The fees, duties and taxes that SIROKO SOLUTIONS S.L. is obliged to apply by law will be levied in each of the countries where the Client is located.
Shipping costs are not included in the price of the products. Shipping costs are to be borne by the Client and will be added to the total amount of the selected products, depending on the destination, type of transport and total amount of the order according to the scale detailed below under the heading "Shipping Costs". Shipping costs may be subject to periodic revisions without prior notice.
At the moment of purchase, the Client will be shown an "estimated profit margin" on the platform. This is the valid margin in force at the moment of order placement based on the cost excluding VAT or any other applicable tax and on the selling prices on Siroko website at that time. It is an estimated margin and an informational value, in no case does it oblige Siroko to maintain the cost or selling prices of the products.
FEATURES OF THE PRODUCTS
All the products we sell through the Website, have a series of features and common elements in terms of quality and materials used.
The equipment is presented through photos which we upload on our Website in an effort to be as true to reality as possible. The people wearing the clothes are models hired by WWW.SIROKO.COM and therefore their pictures are for illustration and guidance purposes only.
Should you require detailed product specifications, please do not hesitate to let us know by email at [email protected]
ORDER PROCESSING
The orders the Client places shall be subject to SIROKO SOLUTIONS S.L.'s approval.
The delivery date is an estimation and SIROKO SOLUTIONS S.L. does not guarantee to deliver the goods on that exact date.
SIROKO SOLUTIONS S.L. shall not be liable for not being able to deliver an accepted order in case of force majeure or fortuitous event, i.e. unforeseeable and unavoidable circumstances.
All orders placed by the Client shall be subject to the "Terms of Use" of SIROKO SOLUTIONS S.L., the content of which must be duly accepted by the Client in order to process the order and send it for SIROKO SOLUTIONS S.L.'s approval.
PAYMENT METHODS
The following payment methods are available to the Client on our online B2B platform:
1. Credit/debit card: Visa, Visa Electron and Mastercard cards are accepted. The payments are made through the 100% secure payment gateway provided by the Stripe merchant service provider.
2. PayPal: This method opens the PayPal platform, and from that moment the payment of our products will be subject to the specific conditions of the PayPal platform.
INVOICING AND ORDER TRACKING
The Client can track the status of their orders from User profile section on the B2B platform.
The Client can also download invoices for their orders at the platform by entering any of the orders and selecting "Download Invoice". By default, the billing address is the same as the shipping address. In case shipping and billing addresses are different, the Client shall set as default two separate addresses: one default shipping address and one default billing address.
SHIPPING COSTS
Shipping costs shall always be borne by the Client. The total amount of shipping costs varies depending on the destination, the type of transport and the total order amount.
You will be able to see the total cost of your shipping at all times throughout the checkout process.
SPAIN AND PORTUGAL
ZONE A: Spain (Mainland and Balearic Islands) and Portugal (Mainland)
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
10€ |
|
501€ - 1500€ |
20€ |
|
1501€ - 3000€ |
30€ |
|
3001€ - 5000€ |
50€ |
ZONE B: Canary Islands, Azores and Madeira
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
20€ |
|
501€ - 1500€ |
30€ |
|
1501€ - 3000€ |
50€ |
|
3001€ - 5000€ |
80€ |
ANDORRA
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
25€ |
|
501€ - 1500€ |
40€ |
|
1501€ - 3000€ |
50€ |
|
3001€ - 5000€ |
70€ |
EUROPEAN UNION
ZONE A: Austria, Belgium, Czech Republic, Denmark, France (except Corsica), Germany, Italy, Luxemburg, Monaco, Netherlands, Poland
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
20€ |
|
501€ - 1500€ |
40€ |
|
1501€ - 3000€ |
50€ |
|
3001€ - 5000€ |
75€ |
ZONE B: Bulgaria, Croatia, Estonia, Finland, Greece, Ireland, Hungary, Latvia, Lithuania, Romania, Slovakia, Slovenia, Sweden
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
30€ |
|
501€ - 1500€ |
50€ |
|
1501€ - 3000€ |
60€ |
|
3001€ - 5000€ |
80€ |
ZONE C: Cyprus, Malta
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
40€ |
|
501€ - 1500€ |
60€ |
|
1501€ - 3000€ |
80€ |
|
3001€ - 5000€ |
100€ |
UNITED KINGDOM, SWITZERLAND, NORWAY, LIECHTENSTEIN
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
50€ |
|
501€ - 1500€ |
70€ |
|
1501€ - 3000€ |
90€ |
|
3001€ - 5000€ |
125€ |
REST OF EUROPE
Albania, Bosnia and Herzegovina, Kosovo, Montenegro, Republic of Macedonia, Serbia
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
70€ |
|
501€ - 1500€ |
90€ |
|
1501€ - 3000€ |
125€ |
|
3001€ - 5000€ |
200€ |
UNITED STATES AND CANADA
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
120€ |
|
501€ - 1500€ |
150€ |
|
1501€ - 3000€ |
200€ |
|
3001€ - 5000€ |
275€ |
LATIN AMERICA AND THE CARIBBEAN
Argentina, Bolivia, Belize, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela, Anguilla, Antigua, Aruba, Bahamas, Barbados, Bermuda Islands, Bonaire, Cayman Islands, Curaçao, Dominica, Falkland Islands, French Guiana, Grenada, Guadeloupe, Guyana, Haiti, Jamaica, Martinique, Montserrat, Nevis, Puerto Rico, Saint Barthélemy, Saint Lucia, Saint Martin, Saint Vincent, St. Kitts and Nevis, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Virgin Islands
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
150€ |
|
501€ - 1500€ |
250€ |
|
1501€ - 3000€ |
300€ |
|
3001€ - 5000€ |
400€ |
ASIA-PACIFIC
Australia, Bahrain, Bangladesh, Bhutan, Brunei, Cambodia, China, Cook Islands, East Timor, Fiji, Guam, Hong Kong, India, Indonesia, Japan, Kiribati, Laos, Macao, Malaysia, Maldives, Mariana Islands, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Philippines, Qatar, Republic of Palau, Samoa, Singapore, Solomon Islands, South Korea, Sri Lanka, Tahiti, Taiwan, Thailand, Tonga, Tuvalu, Vanuatu, Vietnam
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
175€ |
|
501€ - 1500€ |
275€ |
|
1501€ - 3000€ |
350€ |
|
3001€ - 5000€ |
450€ |
OTHER COUNTRIES
Algeria, Egypt, Iceland, Israel, Jordan, Kosovo, Kuwait, Libya, Lebanon, Oman, Saudi Arabia, Tunisia, Ukraine, United Arab Emirates
|
Total order amount |
Shipping costs |
|---|---|
|
0-500€ |
150€ |
|
501€ - 1500€ |
200€ |
|
1501€ - 3000€ |
250€ |
|
3001€ - 5000€ |
350€ |
* Orders over 5.000€: for orders above this amount, shipping costs and conditions are to be agreed upon with SIROKO SOLUTIONS S.L.
* Should the prices be increased by the companies that provide the service, we shall inform you of such changes, and we reserve the right to change the price charts above without prior notice.
* We do not ship to P.O. Boxes or Military Bases.
CUSTOMS FEES AND DUTIES
The above costs refer only to shipping costs, but do not include any customs duties such as import fees or taxes for a specific location. SIROKO SOLUTIONS S.L. is not responsible for these costs, which shall be borne by the Client.
REFUND: PARTIAL OR FULL
The following cases are eligible for a full or partial refund:
- Incomplete order: either due to product discontinuation or lack of stock. In such a case, the Client must contact the Owner immediately by email at: [email protected] indicating the order details, as well as detected discrepancies.
In such a case, SIROKO SOLUTIONS SL reserves the right to choose between refunding the amount corresponding to the product that the Client has not received or sending the missing product to the Client.
- Dissatisfaction with the order: In cases where the Client considers that upon delivery the product does not conform to the established specifications, the Client must contact the Owner immediately by email at: [email protected] indicating the order details as well as the damage suffered or the error in the product received.
The Owner shall examine the returned product and inform the Client by email or phone whether the refund or product exchange is justified. The Owner shall proceed with the refund or product exchange as soon as possible, within the maximum of 30 days from the date on which the Client is sent an email confirming that the refund or exchange of the non-conforming item is justified.
The refund, if accepted by the Owner, shall be sent back to the original payment method that was used to pay for the purchase.
The rights granted by the governing law shall remain unaffected and must be respected by both parties.
LIABILITY REGIME
Unless otherwise expressly stated in these Terms and Conditions or by the governing law, and only to the extent that is clearly specified, the Owner shall be liable only for direct damages suffered by the Client, and only when they have been incurred due to a cause attributable to the Owner. The liability shall not exceed the amount of the order.
The Owner shall be exempt from any liability to the Client, their customers or any third parties, in cases where the product defects are due to actions or negligence directly attributable to the Client, their staff, customers, representatives, assignees, or any third parties, as well as in the event of direct or indirect consequence of misuse or improper handling of the products by personnel unrelated to the Client, the lack of permission both for the use of the product as well as for modifications of the technical features of the product attributable to the Client. Except in cases of willful misconduct, the Owner shall not be liable for any expenses, damages, loss of business, revenue or profits, consequential damages, loss of profits or business opportunities suffered by the Client as a result of the product purchase, provided that the Client, as a professional business entity, understands the intended use and purpose for which the product is designed.
The Owner shall in no case be liable for:
-
Costs, fines, penalties, sanctions, indemnities, charges, damages or fees arising as a result of the Client's failure to comply with their obligations.
-
The breach by the Client of any regulation that may be applicable due to or in connection with the use of the products, their sale or their recommendation to third parties.
The Client is and shall be solely responsible for:
-
The use they make of the products purchased.
-
Full compliance with any regulations that may be applicable due to or in connection with the use, sale or recommendation of the products, including but not limited to, the regulations that apply to medical devices.
OWNERSHIP OF GOODS PURCHASED ON THE B2B PLATFORM
The ownership of the goods purchased through the B2B platform shall remain the property of SIROKO SOLUTIONS S.L. until all purchased goods are paid for and accepted by the Client upon delivery.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The purchase of any of the products offered on the B2B platform does not grant the Client any rights to industrial or intellectual property of the products as such rights belong entirely to the Owner or its licensors or assignors. It is forbidden to use by any means any of the Owner's trademarks, including the name and the logo unless expressly authorized by the Owner.
In addition, the following rules are specifically established with regard to industrial property and specific marketing initiatives:
Publishing Siroko products in the Client's online store is allowed provided the Authorization of SIROKO SOLUTIONS S.L. is obtained.
The B2B Client is not allowed to publish Siroko products on Marketplace e-commerce platforms of any kind, either locally or globally.
It is not permitted for the B2B Client to carry out paid advertising in Google Ads using the SIROKO brand.
SIROKO SOLUTION S.L. may deliver screen-printed hangers, eyewear holders or other digital or printed material using brand image. SIROKO SOLUTION S.L. reserves the ownership of this material. The Client is granted the right to use such material during the collaboration and it must be returned in case of termination thereof.
DUTIES AND RESPONSIBILITIES OF THE PARTIES
The Owner undertakes to provide the Client with all the necessary information concerning the products and orders it offers and shall not be liable for any failure to comply with these Terms and Conditions in the event of force majeure, Client's fault or any unforeseeable event caused by third parties.
The Client undertakes to truthfully fill in the order forms according to the instructions indicated. The Owner will protect the data in accordance with the law. The Client also undertakes to pay the price of the product with the corresponding taxes and shipping costs.
It is advisable to keep a copy of the data contained in the products purchased. The Owner shall not be liable for any loss of data, files or for any damage resulting from the Client's failing to back up the data contained in the products purchased.
The Owner cannot be held responsible for any possible consequences resulting from the misuse of the products sold through the B2B platform.
PERSONAL DATA PROTECTION
The Owner complies with the guidelines of Regulation (EU) 2016/679, General Data Protection and the Spanish Organic Law 3/2018 of December 5 on Protection of Personal Data and Guarantee of Digital Rights (Spanish: Ley Orgánica de Protección de Datos Personales y garantía de los derechos digitales) and ensures the correct use and processing of the Client's personal data. To this end, the Owner shall notify the Client of the existence and acceptance of the particular conditions of the processing of their data each time the Client fills out a form and/or provides personal data. These rules are set out in the Privacy Policy of this Website which the Client can access through this link and which is an inherent part of these Terms and Conditions.
The Owner also declares to be in compliance with Law 34/2002 of July 11, 2002, on E-Commerce and Information Society Services (ECISSA) and will request Client’s consent to the processing of their email for commercial purposes at all times.
The company's Privacy Policy and Legal Notice shall be viewed in more detail in the corresponding section of the Website, as both of them form part of this document.
GOVERNING LAW AND JURISDICTION
The relationship between the Owner and the Client shall be governed by these Terms and Conditions as well as, in case of dispute, by the Spanish legislation in force. Any dispute that is not resolved amicably, shall be submitted to the Courts and Tribunals of the city of Gijón (Spain) unless it is legally required to refer to Client’s legal residence or the Owner has explicitly submitted to a arbitration procedure. If the Client decides to use or view this Website from outside of Spain, he/she must bear in mind that he/she does so on his/her own initiative, and that he/she is responsible for compliance with the relevant local laws.
ETHICS AND WHISTLEBLOWING CHANNEL
The company SIROKO SOLUTIONS S.L., has an ethics and whistleblowing channel in compliance with Law 2/2023 of 20 February. The use of the channel is anonymous, and the data collected in this ETHICS AND WHISTLEBLOWING CHANNEL shall be managed according to art. 6 by the HONOS ABOGADOS S.L.P. law firm. For more information please see RAT (Record of Processing Activities) in the whistleblowing channel: https://fdigital.es/siroko-ced/
DPO (Data Protection Officer)
Our Data Protection Officer is Martin López Escartín, ICAM 103516 lawyer with a registered office at Calle Langreo nº 2, 1º D, 33205 Gijón. He can be reached via email: [email protected] and/or by phone: 0034608781399.