GENERAL CONDITIONS OF PURCHASE

  1. General Terms and Conditions

The following Terms and Conditions have been drawn up by TRAWLER 95 S.L. (hereinafter, SITA NEVADO) in order to provide the users of the website www.sitanevado.com with clear, understandable, unequivocal and truthful information about the conditions that regulate the sale of our products through our website in a permanent, easy and free way. These Conditions will remain at the disposal of all users in the "Terms and Conditions" section where they can consult and print them whenever they wish.

In order to make purchases through our website, it is necessary for the user to read and expressly accept these General Purchasing Conditions by means of the box provided for this purpose when registering or making a purchase as a guest, in such a way that the purchase process cannot be completed and orders cannot be placed without prior acceptance.

  1. Responsible for contractual offers

Users are informed that the person responsible for the sales offers made on the website www.sitanevado.com is:

- Company name: WITOTECH SL

- TAX ID: B09726613

- Address: Carrer de les Moles 27 3º1ª, 08002 Barcelona

- E-mail: web@sitanevado.com

WITOTECH SL is registered in the Mercantile Register of Barcelona, VOLUME: 35437 FOLIO: 0082, SHEET B-289183 INSCRIPTION 1.

  1. How to buy?

Only those over 18 years of age or those under 18 years of age who are emancipated in accordance with the requirements established in the Civil Code may make purchases on our website www.sitanevado.com. Accordingly, the user declares that he/she is over 18 years of age or an emancipated minor and therefore has the necessary legal capacity to contract in such a way that he/she can make purchases through our website by him/herself. If a minor wants to buy any item, he/she must be bought by his/her parents or legal representatives or, at least, have their authorisation. SITA NEVADO does not assume any responsibility for any purchases made by minors who do not comply with the requirements of this paragraph.

There are two ways to make a purchase, one is as a registered user and the other as a guest. In the first case, it will be necessary to fill in a form with the user's personal data that will allow them to modify their data to keep them updated, manage their purchases, track shipments and enjoy promotions and special offers. Before completing the registration process, the user must accept these conditions of use, otherwise the process will not be completed and, therefore, the user will not be able to acquire the status of registered user with the advantages that this entails. Once registration has been completed, you may access the private area as many times as you wish by entering your personal username and password.

On the other hand, the guest is not obliged to register, but he/she will have to provide us with the personal data necessary for sending and, where appropriate, invoicing.

In both cases, the purchase process is very simple, as the user only has to select the product/s he/she wishes to buy, the number of articles and add them "To the basket". When selecting each product, detailed information about it is displayed:

characteristics of the product,

price,

the corresponding taxes included

shipping costs

If the customer has a promotional code or an online voucher to benefit from the conditions and discounts indicated therein, he/she must include it at this moment.

To complete the purchase, the customer must click on "Place order". If you are a previously registered user, you must identify and authenticate yourself, using your username (e-mail address) and password.

You must then verify your details, unless you are acting as a guest in which case they will be those provided on the form provided for this purpose, in case you wish to indicate different delivery and billing addresses, review the order and finally click on "Pay" to pay for the purchase by credit or debit card (VISA, Mastercard and Maestro) or Paypal. Any costs incurred by the selected payment method will be the sole responsibility of the purchaser.

All payments made by credit or debit card are made through the secure payment gateway of the financial institution, which encrypts the card data. In order to provide maximum security to the payment system, SITA NEVADO uses secure payment systems of leading financial institutions in electronic commerce. In this sense, the confidential payment data is transmitted directly and in encrypted form (SSL) to the corresponding financial institution. For payment with Visa and MasterCard, SITA NEVADO has introduced the SEC (Secure Electronic Commerce) service with the international 3D Secure protocol, which is distinguished by the Verified by Visa and MasterCard SecureCode labels. Secure e-commerce is an initiative whose basic principle is to guarantee the security of Internet transactions. When making a payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Secure e-Commerce. It will then connect to the issuing bank, which will ask you to authorise the transaction by means of a personal authentication code. The transaction will only take place if the bank issuing the credit card confirms the authentication code. Otherwise, the transaction will be rejected.

As a complementary measure to the "Secure Payment" system and with the aim of collaborating in the prevention of fraud through the Internet, SITA NEVADO reserves the right to verify the personal data provided by the client and to adopt the measures it deems appropriate (including the cancellation of the order) so that the goods purchased are delivered in accordance with the data appearing in the order.

Once the payment has been validated, a purchase contract is established between the user and SITA NEVADO with the present conditions.

The only languages in which purchases may be formalised are Spanish and English.

Once the purchase process is finished and back from the payment gateway, the payment is confirmed through the email "Payment accepted" sent to the buyer. At that moment, the buyer receives the "Order Confirmation" email which will contain a summary of the purchase with the description of the product, price, taxes and shipping costs, as well as the delivery time in the terms described in section 5 of these General Conditions.

The non-receipt of these messages may be due to a transitory communications problem in the network or to a typing error in the e-mail address communicated. In both cases, it is advisable to contact us via the e-mail address at web@sitanevado.com.

In the section "My account" the user will have at his disposal the receipt of each purchase made.

For any queries, the user can send an e-mail to web@sitanevado.com.

  1. Management of "My account

In the "My account" section, the user will have at his disposal a complete space where he can register, modify or correct his personal data to keep them updated, an address book to manage shipping addresses, billing addresses or any other type that may be of interest, a list and receipts of all orders placed, subscription and cancellation of the newsletter, as well as other options that facilitate the management of his user profile.

  1. Geographical scope of offers

The geographical scope of the products offered on the website www.sitanevado.com is limited to the following countries: Spain (mainland and Balearic Islands), Portugal (except Azores and Madeira), France, Italy, Belgium, Holland, Germany, United Kingdom, Ireland, Denmark, Austria, Luxembourg, Czech Republic, Slovakia, Slovenia, Hungary, Poland, Bulgaria, Estonia, Finland, Latvia, Lithuania, Romania, Sweden, Greece, Croatia.

If any resident in areas other than those listed above wishes to purchase a product from us, he/she should contact SITA NEVADO by sending an email to info@sitanevado.com.

  1. Availability of goods

The items offered on the website www.sitanevado.com are subject to stock limits. In the event that SITA NEVADO is unable to supply the product purchased by the user due to unavailability or lack of stock, we will inform the user of this unavailability before finalizing the purchase and in the product sheet itself.

  1. Shipment of the product and delivery times

The products purchased by the users through the website www.sitanevado.com will be sent through a courier company, being delivered to the address indicated by the user. SITA NEVADO will not be responsible for delays or non-delivery of products caused by mistakes made by the buyer when providing the delivery address or if the delivery address is incomplete.

The products will be delivered according to the courier company's timetable, so that if the user is not at home at the time of delivery, he/she will have to contact the courier company to arrange a new delivery date and time. SITA NEVADO will not be responsible for any delays caused by the user's absence at the time of delivery. Therefore, in order to avoid this type of problems, we recommend users to provide a delivery address where they can be available to make the delivery of the product.

Purchases made through our website will be delivered to customers within a maximum period of six (6) working days, excluding weekends and national holidays, from the time the order leaves our warehouses, although the period may vary depending on the place of destination.

The order can be delivered at any time between 8 a.m. and 8 p.m. from Monday to Friday (except holidays), and the signature of the acknowledgement of receipt or delivery note is required upon delivery.

Delivery times, from the time the package leaves our warehouse, will depend on the place of destination, being the following (working days will be counted):

National shipments:

To mainland Spain: 1-2 working days.

To the Balearic Islands: 1-3 working days.

Shipments to Europe: 2-5 working days (Portugal, except Azores and Madeira, France, Italy, Belgium, Holland, Germany, United Kingdom, Ireland, Denmark, Austria, Luxembourg, Czech Republic, Slovakia, Slovenia, Hungary, Poland, Bulgaria, Estonia, Finland, Latvia, Lithuania, Romania, Sweden, Greece, Croatia).

These deadlines do not take into account causes of force majeure not attributable to Sita Nevado (such as inclement weather or strikes).

In order to facilitate the tracking of the shipment, once the order leaves SITA NEVADO warehouses, the user will be sent an email "Confirmation of shipment" with the tracking number of the order that can be used on the website of the transport company to track it. Registered users can also track the status of their order via the "My Account" section.

For security reasons, SITA NEVADO will not send any order to PO boxes, nor will it accept any order when it is not possible to identify the recipient of the order and his address.

The responsibility for the SITA NEVADO articles will be transferred to the Customer at the moment the order is delivered.

When the user receives the item purchased on the website www.sitanevado.com, he/she must check that it corresponds to the one purchased, that it is in perfect condition and that it has not been damaged in transport.

If the product received does not correspond to the one ordered by the user, he/she must inform SITA NEVADO through the means indicated in the present conditions (following paragraph). The product received by mistake will be withdrawn and the one actually ordered will be sent to the user, all this without any cost for the user.

In case of detecting any incidence of this type, the client must inform SITA NEVADO within a maximum period of 24 hours from the reception of the article by sending an email to web@sitanevado.com, including his/her personal data, order number and a description of the incidence or problem of the article/s received. SITA NEVADO will contact the customer as soon as possible in order to solve the incident.

The costs arising from the lack of communication of the incidence in the forms and deadlines indicated, shall be borne by the user.

In the same way, the client undertakes to notify SITA NEVADO the cases of non-receipt of orders once ten (10) working days have elapsed since the notification of the shipment of the order has been sent, doing so through the e-mail address web@sitanevado.com.

However, in the event that the item received is defective or has a defect, the customer must contact SITA NEVADO within a maximum period of 24 hours from the receipt of the item by sending an email to web@sitanevado.com and will be informed of the steps to follow for the resolution of the incident. Once SITA NEVADO has received the returned item, the returned item will be carefully examined and the client will be informed by e-mail, within a maximum period of ten (10) working days, whether or not the return or replacement of the item (if any) is appropriate. In the affirmative case, the return or replacement of the article will be carried out as soon as possible and, in any case, within thirty (30) calendar days from the date on which an e-mail is sent confirming that the return or replacement of the non-conforming article is appropriate, in which case, SITA NEVADO will assume the costs of the return transport and delivery of the replaced article.

In the event that the article cannot be replaced by another identical one, the customer may choose between an article of equivalent value or the full refund of the amount paid, including the proportional part of the transport of that garment, i.e. if the order includes two articles and only one of them has a defect, only half of the initial amount of shipping costs will be refunded. If there were more items, it will be the proportional part of the initial shipping costs according to the number of defective item/s (Example: three defective items would be returned 33% of the shipping costs, four items, 25% and so on). Refunds will be made through the same system used for the payment of the purchase.

  1. Prices, taxes and charges

Prices are shown in euros only. The final amount to be paid by the user will be shown in the file of each product, and will always include Value Added Tax (VAT) at the rate in force at any given time, and any other taxes that may apply.

We do not currently ship to the Canary Islands, Ceuta, Melilla and Andorra. In the event that a user resident in these areas would like to purchase one of our articles, he/she should contact SITA NEVADO by sending an email to web@sitanevado.com.

The prices do not include shipping costs, amount that, if applicable, will be added to the amount of each product and that will be indicated in any case in the summary of purchase, in the review of the order, before making the payment.

Mainland Spain: 4,99 euros - free shipping on purchases over 75€.

Balearic Islands: 7,99 euros - free shipping on purchases over 75€.

Portugal (except Azores and Madeira): 8,99 euros - free shipping on purchases over 150 euros

France, Italy, Belgium, Netherlands, Germany, United Kingdom, Ireland, Denmark, Austria: 14,99 euros - free shipping on purchases over 150 euros

Luxembourg, Monaco, Czech Republic, Slovakia, Slovenia, Hungary, Poland, Bulgaria, Estonia, Finland, Latvia, Lithuania, Romania, Sweden, Cyprus, Greece, Malta: 19,99 euros - free shipping on purchases over 150 euros.

Other destinations: contact us.

SITA NEVADO reserves the right to modify at any time and without prior notice, the products offered on this website as well as the sale prices, shipping costs and other conditions or promotions.

  1. Discount codes

Promotional codes may be used in accordance with the terms and conditions published for each promotion and apply to a single discount on the purchase of a single item or a discount on an order within the period indicated on the promotional code.

Promotional codes may only be used on the www.sitanevado.com website.

  1. Warranties

The products offered through this website are subject to the legally established warranties, in such a way that we will respond for any lack of conformity within a period of two years from delivery.

In this sense, and in accordance with the provisions of Article 116 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, it will be understood that the products are in conformity with the contract provided that all the requirements expressed below are met, unless, due to the circumstances of the case, some of them are not applicable:

  1. a) They conform to our description and possess the qualities of the product that we present through this website.
  2. b) They are suitable for the uses to which products of the same type are ordinarily put.
  3. c) Are suitable for any special use required by the customer when we have been made aware of it at the time of conclusion of the contract, provided that we have accepted that the product is suitable for such use.
  4. d) They are of a quality and performance which is customary for a product of the same type and which the customer may reasonably expect, taking into account the nature of the product and, where applicable, any public statements on the specific characteristics of the products which we have made.

Accordingly, if any product is not in accordance with what is offered and with the present conditions of purchase, the client must inform SITA NEVADO by sending an email to web@sitanevado.com or by post to SITA NEVADO, Carrer Domenech 9, local, 08012 Barcelona.

  1. Right of withdrawal

The right of withdrawal from a contract is the right of the consumer and user to cancel the contract concluded, notifying the other contracting party within the period established for the exercise of this right, without having to justify his decision and without penalty of any kind. In short, it is the possibility of returning the order without the need for justification.

The user will have a period of fifteen (15) calendar days from receipt of the order to exercise the right of withdrawal. For this purpose, the date on the delivery note shall be taken as the start date of this period.

In accordance with the provisions of article 103 of Royal Legislative Decree 1/2007, the right of withdrawal shall not apply, as far as our field of activity is concerned, in the following cases:

  1. a. The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
  2. b. Contracts for the supply of goods which are made to the specifications of the consumer and user or which are clearly personalised, or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.

The exercise of the right of withdrawal will not involve any cost for the consumer and user, including the costs of returning the item, which will be borne directly by SITA NEVADO.

The user will be able to exercise the right of withdrawal either by sending the completed withdrawal document together with the invoice or document proving the purchase to SITA NEVADO Carrer Domenech 9, local, 08012 Barcelona, or by sending an email to web@sitanevado.com.

In the event that the user had exercised the right of withdrawal, both parties must reciprocally return the amounts and products except for the exceptions provided for in the Civil Code.

Once the right of withdrawal has been exercised by the user, SITA NEVADO will contact the user to proceed to refund the amount by the means selected by the user, which will be carried out without deduction of expenses as soon as possible and, in any case, within a maximum period of 30 days from the withdrawal.

  1. Return of products

In accordance with the provisions of the previous section, the user shall have a period of fifteen (15) calendar days from receipt of the order to return it, the starting date being the date stated on the delivery note.

In the event that the user returns the item received, whether as a result of exercising the right of withdrawal or for any other reason reflected in these conditions of purchase, he/she must do so with its original packaging, without having been used, together with its accessories and labels, if applicable, and must be in perfect condition. Otherwise, they cannot be exchanged or returned. If the customer wishes to change the size, colour or alternative articles, he/she will have to return the article and place a new order.

To make a return, the customer must follow the following procedure:

SPAIN (PENINSULA AND BALEARIC ISLANDS)

The customer must contact us by email at web@sitanevado.com informing us of the order number, the article(s) to be returned, the reason for the return and the address for collection. After verifying all the data, we will send you an email with the return number and we will organise the collection. Returns in Spain, peninsula, are always free of charge.

OTHER COUNTRIES

The customer should contact us by email at web@sitanevado.com informing us of their order number, item(s) to be returned and reason for return. After verifying all the data, we will send you an email with the return number.

The customer must send the unwanted items in their original packaging to WITOTECH SL, Carrer de les Moles 27 3º1ª, 08002 Barcelona - Spain, by the means of transport of their choice. Shipping costs will always be paid by the customer.

Items that have been returned damaged, incomplete, deteriorated, used or soiled for reasons attributable to the customer will not be reimbursed and will be returned to the sender freight collect or the item will be made available to the customer for collection within a maximum period of fifteen (15) calendar days. In any case, SITA NEVADO will not assume any responsibility for the custody or deposit of the article during the time it was in its facilities.

SITA NEVADO reserves the right to refuse any return that does not meet any of the aforementioned conditions.

The only address where SITA NEVADO articles will be received is WITOTECH SLCarrer de les Moles 27 3º1ª, 08002 Barcelona - Spain.

  1. Events beyond our control

SITA NEVADO shall not be liable for any failure or delay in the performance of any of its obligations under this contract caused by events beyond its control ("Force Majeure Event").

Force Majeure shall include any act, event, default, omission or accident beyond reasonable control and shall include in particular (without limitation) the following:

Strike, lockout, riot, invasion or terrorist attack.

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

Inability to use trains, ships, aircraft, 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 other governments.

  1. Payment by card

In accordance with the provisions of article 112 of Royal Legislative Decree 1/2007, when the amount of a purchase has been fraudulently or improperly charged using the payment card number, the consumer and user who holds the card may demand the immediate cancellation of the charge. In such a case, the corresponding debit and recredit entries in the accounts of SITA NEVADO and the consumer and user card holder will be made as soon as possible.

However, if the purchase has actually been made by the consumer and user card holder and the demand for the refund is not a consequence of having exercised the right of withdrawal or termination, the consumer and user card holder shall be obliged to compensate the entrepreneur for the damages caused as a result of such cancellation.

  1. Security

SITA NEVADO has adopted the highest security measures commercially available. The payment process works on a secure server using the SSL protocol (Secure Sockets Layer), so that the information is transmitted encrypted by 128-bit keys, so that it is guaranteed that the information is only intelligible to the user's computer and the website www.sitanevado.com, avoiding the reading and manipulation by third parties.

When paying for the products by credit card, the user is connected through the payment gateway with his financial institution in such a way that in no case neither SITA NEVADO nor third parties will have access to these data.

  1. Suggestions, complaints and claims

The users of the website www.sitanevado.com will be able to send us their suggestions, complaints and claims through the website itself, sending an email to web@sitanevado.com or by post to SITA NEVADO, Carrer Domenech 9, local, 08012 Barcelona - Spain.

17.- Legal notice, privacy and data protection policy

In WITOTECH SL (SITA NEVADO) we are concerned about the personal data we process and the exact compliance with the current regulations on the protection of personal data, among others, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

Accordingly, we hereby inform you of the following matters relating to the processing of personal data carried out by SITA NEVADO:

Responsible for the processing: WITOTECH SL (hereinafter, SITA NEVADO), with NIF B09726613, and address at Carrer de les Moles 27 3º1ª, 08002 Barcelona. Telephone: 93 387 21 97 and e-mail: web@sitanevado.com.

Purpose of data processing: for the proper maintenance, development, fulfilment and control of the contractual relationship with customers, for the management and dispatch of orders or purchases they make and the services they request.

Likewise, we will use the identification and contact details of customers to send, by electronic means or otherwise, commercial information of interest on offers, promotions, products and services.

Legitimacy of the treatment: the legal basis for the treatment of the personal data of the clients is the execution of the contract or orders they make.

As for the sending of commercial information, the legal basis is the satisfaction of legitimate interests pursued by WITOTECH SL in accordance with article 6.1. f) of the RGPD. This will be without prejudice to the possibility that the customer has to oppose the sending of such commercial information.

Recipients of the data: the personal data of the clients will be communicated to the tax authorities for the fulfilment of legal and tax obligations, as well as to the financial institution(s) through which WITOTECH SL manages the collections.

However, in order to manage in a more efficient, dynamic and operative way and to be able to keep a better control of the informative communications that we send by e-mail, we use MailChimp, a platform developed by The Rocket Science Group Llc, an entity that is certified in the EU-US Privacy Shield. Information available in this respect: https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active. Privacy policy of The Rocket Science Group Llc: https://mailchimp.com/legal/privacy/.

Data retention period: five years: corresponding to the statute of limitations for tax obligations, as established by tax legislation. The same period for the exercise of personal actions that do not have a special statute of limitations, as provided for in article 1.964 of the Civil Code.

Six years: in relation to books, correspondence, documentation and supporting documents concerning the business, as required by Article 30 of the Commercial Code.

Ten years: the documentation formalising compliance with the obligations established in Law 10/2010, of 28 April, on the prevention of money laundering and the financing of terrorism, as required by Article 25 thereof.

Data protection rights:

- Right to request access to your personal data: in order to know and verify the lawfulness of the processing, you may ask us at any time to confirm whether SITA NEVADO is processing your personal data and, if so, we will inform you, among other things, about what data we are processing, its purpose, origin of the data, expected period of data retention and, where appropriate, recipients or categories of recipients.

- Right to request rectification: You may ask us to rectify personal data that is inaccurate or to supplement incomplete personal data, including by means of an additional statement. In this case, you must indicate in your request which data you are requesting and the correction to be made and, if necessary, provide us with documentary evidence of the inaccuracy or incompleteness of the data undergoing processing.

- Right to request deletion ("right to be forgotten"): you may request that your personal data be deleted and no longer processed if they are no longer necessary for the purposes for which they were collected or otherwise processed, you withdraw your consent, they have been unlawfully processed or they must be deleted in order to comply with a legal obligation.

  1. Modification of the General Conditions of Purchase

There may be changes in legislation or in the agreements with our member establishments that oblige us to modify the present General Conditions of Purchase. Therefore, SITA NEVADO reserves the right to modify at any time the information and terms of the same, although these changes will not have retroactive effects on the products previously contracted. Therefore, we recommend users to read them every time they access our website and, in any case, whenever they wish to make a purchase, so that they can decide freely if they wish to continue using it and even make purchases.

In any case, the conditions that were in force at the time of making each purchase will be applicable.

  1. Applicable legislation

The activity carried out through the website www.sitanevado. com is subject to current Spanish legislation that is applicable, among others, the Organic Law 15/1999, of 13 December, on the Protection of Personal Data, Royal Decree 1720/2007, of 21 December, which approves the Regulation of development of the Organic Law 15/1999, of 13 December, on the Protection of Personal Data, Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the Civil Code and Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for Consumers and Users and other complementary laws.

  1. Jurisdiction

In accordance with the applicable regulations described in the previous section, for any controversy or conflict that may arise between the users of the website www.sitanevado.com and SITA NEVADO, the parties expressly agree to submit in any case to the Spanish Courts and Tribunals, being in any case the corresponding ones in accordance with the Spanish procedural regulations.

New Account Register

Already have an account?
Log in instead Or Reset password