PURCHASE CONDITIONS OF THE WEBSITE OF
SWIMWEAR AND LINGERIE GROUP SL
- INTRODUCTION
This website is operated under the name www.PITT.es by SWIMWEAR AND LINGERIE GROUP SL ., a Spanish company with CIF number B-56217144, and registered office at Calle Sant Feliu 7, Palma de Mallorca, Balearic Islands, registered in the Mercantile Registry of Mallorca, volume 3025, book 0 of FOLIO 37, page PM-97967, entry 1.
These general conditions regulate the use of the website www.PITT.es. Use of this website implies full acceptance by the user of the terms and conditions contained in these General Conditions.
SWIMWEAR AND LINGERIE GROUP SL .. is an authorized distributor of the brands offered on this website.
- USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to: 1. Use this website only to make legally valid inquiries or orders. 2. Not place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we are authorized to cancel it and inform the relevant authorities. 3. Provide us with your email address, postal address, and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Statement). If you do not provide us with all the information we require, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
- CONDITIONS OF SALE.
These terms and conditions govern the sale of products offered by SWIMWEAR AND LINGERIE GROUP SL in its online store www.PITT.es and by users or customers who purchase products through the online store.
The purchasing process is detailed in the "purchase guide." Purchasing the products offered requires prior registration by the customer or end user through the website. Completion and submission of the express purchase order constitutes full and unreserved acceptance of these terms and conditions.
PITT will display the products offered for sale at all times, along with some of their features and price.
The products and services offered in this online store are available for the Iberian Peninsula, the Balearic Islands, Ceuta, Melilla, and the Canary Islands.
- PRODUCT AVAILABILITY
All product orders are subject to availability. Therefore, if there are difficulties with product supply or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you may order. If you do not wish to order these substitute products, we will refund any amounts you may have paid.
- DELIVERY
You can consult the specific conditions regarding shipping, exchanges, and returns at this link.
If for any reason we are unable to meet the delivery date, we will inform you and give you the option to continue with the purchase by scheduling a new delivery date or cancel the order with a full refund of the price paid. Please note, however, that we do not deliver on Saturdays, Sundays, or public holidays. For the purposes of these Terms and Conditions, "delivery" or the order will be deemed to have been "delivered" when you sign for receipt at the agreed delivery address.
- IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order after two attempts, we will attempt to find a safe place to leave it. We will also leave you a note indicating where your order is and how to collect it. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day. If, after 45 days from when your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and will consider it terminated. As a result of terminating the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date we consider the Contract terminated. In these cases, we will be authorized to charge you the transportation costs incurred.
- PRICE AND PAYMENT
The price of each product will be as stipulated at any given time on our website.
Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as outlined in our Shipping Cost Guide.
Once you've completed your shopping, all the items you wish to purchase will have been added to your cart, and the next step is to process the order and make the payment. To do so: 1. Click the "Shopping Cart" button at the top of the page. 2. Click the "View Cart" button. 3. Click the "Process Order" button. 4. Fill in or verify your contact information, order details, the address you wish to ship your order to, and the address to which the invoice should be sent. 5. Enter your payment details. 6. Click "Authorize Payment."
Although we try to ensure that all prices shown on the website are accurate, errors may occur. If we detect an error in the price of products, we will inform you and give you the option of reconfirming your order at the correct price or canceling it, with a refund of any amounts you have paid. We will not be obliged to supply the product(s) at the incorrect, lower price (even if we have confirmed the order) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The following payment methods are available for orders: • Payment by Credit Card: We accept all major credit cards. During the purchasing process, the bank we work with (BANC SABADELL) will ask you for three pieces of information: card number, expiration date, and your identification number or CVC2. • Payment by PayPal: This allows you to complete transactions more quickly than with checks or postal orders, while maintaining the privacy and security of your financial information and reducing the risk of fraud. Additional information: www.paypal.com • Payment by bank transfer or direct deposit: We accept payment by bank transfer or direct deposit. In these cases, the order request will be a mere reservation. In order to complete the order and proceed with the shipment of the purchased products, it is essential that the payment transfer or direct deposit be made within a maximum period of 7 calendar days from the date the order is placed online. The transfer must be made for the total amount of the order to the account held by SWIMWEAR AND LINGERIE GROUP SL , opened at BANC SABADELL, adding the order number and the name of the order holder in the comments field.
- OFFERS
The promotions and offers available on our website are limited to the dates indicated and subject to availability of promotional stock.
- VALUE ADDED TAX
Pursuant to Article 68 of Law 37/1992 of December 28, on Value Added Tax, the delivery of items will be deemed to be located within the territory applicable to Spanish VAT if the delivery address is located within Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally applicable rate at any given time, depending on the specific item in question.
- EXCHANGE/RETURN POLICY
9.1 LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE.
The Customer, provided they are consumers, will have 14 calendar days from receipt of the product, or the last product purchased in the same order, to partially or fully exercise their right of withdrawal. In the event of total or partial withdrawal, SWIMWEAR AND LINGERIE GROUP SL will refund the Customer, by the same means used to pay, the amounts received for the returned product(s), within a maximum period of three working days from receipt of the returned product by SWIMWEAR AND LINGERIE GROUP SL .
Notwithstanding the foregoing, and without prejudice to the exceptions expressly provided for in the regulations in force at any given time, the above withdrawal cannot be exercised in the case of the purchase of products made according to the consumer and user's specifications, or clearly personalized or custom-made.
9.2 RETURNS OF DEFECTIVE PRODUCTS.
If you believe that the product does not conform to the terms of the Contract upon delivery, you must contact us immediately, within a maximum of 48 hours of receiving the order, using our contact form, providing the product details and the damage, or by calling 971 728 473, where we will inform you how to proceed. The return or replacement of the item will be made immediately upon receiving an email from us confirming that the return or replacement of the non-conforming item is appropriate. Amounts paid for products returned due to a defect or flaw, when present, will be fully refunded, including delivery costs incurred to deliver the item. The refund will be made using the same payment method used to pay for the purchase. All rights recognized by current legislation are subject to change.
- LIABILITY AND DISCLAIMER OF LIABILITY
Except as expressly provided otherwise in these Terms, our liability in relation to any product purchased through our website is strictly limited to the purchase price of that product. Notwithstanding the foregoing, our liability is not excluded or limited in the following cases: • In the event of death or personal injury caused by our negligence; • In the event of fraud or fraudulent misrepresentation; or • In any matter where it would be illegal or unlawful for us to exclude, limit, or attempt to exclude or limit our liability. Without prejudice to the foregoing paragraph and to the extent legally permitted, and except as otherwise provided in these Terms, we will not accept any liability for the following losses, however arising: • loss of income or revenue; • loss of business; • loss of profits or loss of contracts; • loss of anticipated savings; • loss of data; and • loss of management or office time. To the extent permitted by law, we exclude all warranties, except for those that cannot be lawfully excluded for consumers and users. The provisions of this clause will not affect your statutory rights as a consumer or user, nor your right to withdraw from the Contract.
- INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks, and other intellectual property rights in and to the materials or content provided as part of the Website remain at all times vested in us or our licensors. You may use such material only as expressly authorized by us or our licensors. This will not prevent you from using this Website to the extent necessary to copy your order or contact information.
- VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs, or any other technologically harmful programs or material. You must not attempt to gain unauthorized access to this website, the server on which this website is stored, or any server, computer, or database linked to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this clause may result in the commission of an offense under applicable law. We will report any breach of these laws to the relevant law enforcement authorities and will cooperate with them to identify the attacker. Furthermore, if you breach this clause, you will immediately cease to be authorized to use this website. We will not be liable for any damage or loss resulting from a distributed denial-of-service attack, viruses or any other technologically harmful or damaging programs or material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any content on it, or to any website linked to it.
- LINKS FROM OUR WEBSITE
If our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we do not accept any liability for any damage or loss arising from their use.
- WRITTEN COMMUNICATIONS
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send you electronically comply with any legal requirement that they be in writing. This condition will not affect your statutory rights.
- NOTIFICATIONS
Notices you send to us should preferably be sent via our contact form. In accordance with the provisions of clause 19 above and unless otherwise stipulated, we may send you notices either by email or to the postal address you provided when placing an order. Notices will be deemed received and properly served immediately upon posting on our website, 24 hours after an email is sent, or three days after the postage date of any letter. To prove that notice has been given, it will be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped, and duly delivered to the post office or post box, and, in the case of an email, that it was sent to the email address specified by the recipient.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
This Agreement is binding on both you and us, and on our respective successors, assigns, and legal representatives. You may not transfer, assign, encumber, or otherwise transfer a Contract or any of your rights or obligations under it to us or you without our prior written consent. We may transfer, assign, encumber, subcontract, or otherwise transfer a Contract or any of your rights or obligations under it to us or you at any time during the term of this Agreement. For the avoidance of doubt, such transfers, assignments, encumbrances, or other transfers will not affect any statutory rights you may have as a consumer or invalidate, reduce, or otherwise limit any warranties, whether express or implied, that we may have granted to you.
- EVENTS BEYOND OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). Force Majeure Events shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: 1. Strikes, lock-outs or other industrial action. 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 4. Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private. 5. Inability to use public or private telecommunications systems. 6. Acts, decrees, legislation, regulations or restrictions of any government or public authority. 7. Strike, failure, or accident involving maritime, river, postal, or any other type of transport. Our obligations under the Contracts will be deemed suspended for the duration of the Force Majeure Event, and we will have an extension of the time to perform such obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution that will allow us to fulfill our obligations under the Contract despite the Force Majeure Event.
- RESIGNATION
Our failure to require strict performance by you of any of your obligations under a Contract or these Terms, or our failure to exercise any of the rights or remedies to which we are entitled under a Contract or these Terms, shall not constitute a waiver or limitation of those rights or remedies nor shall it relieve you from compliance with those obligations. No waiver by us of any particular right or remedy shall be a waiver of any other rights or remedies arising from the Contract or these Terms. No waiver by us of any of these Terms or of any rights or remedies arising from the Contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the Notices section above.
- PARTIAL NULLITY
If any of these Conditions or any provision of a Contract were declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.
- COMPLETE AGREEMENT
These Terms and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter hereof and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. You and we acknowledge that you have agreed to enter into this Contract without relying on any representation or promise made by the other party or that could be inferred from any statement or writing in the negotiations between us prior to this Contract, except as expressly set out in these Terms and Conditions. Neither you nor we shall have any remedy in respect of any untrue statements made by the other party, whether oral or in writing, prior to the date of this Contract (unless such untrue statement was made fraudulently), and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.
- OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and modify these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in effect at the time you use this website or place an order, unless we are required to make retroactive changes to these policies, Terms and Conditions, or Privacy Policy by law or government agency, in which case any changes will also affect orders you have previously placed.
- APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and any product purchase contracts entered into through said website shall be governed by Spanish law.
The parties agree, at their discretion, to resolve any disputes and waive any other jurisdiction. Furthermore, as a member of CONFIANZA ONLINE and under the terms of its Code of Ethics, in the event of disputes relating to online contracting and advertising, data protection, child protection, and accessibility, the user may resort to CONFIANZA ONLINE's out-of-court dispute resolution (www.confianzaonline.es).
- COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send them to us using our contact form.
- WITHDRAWAL ANNEX
SEND TO:
SWIMWEAR AND LINGERIE GROUP SL
C/SANT FELIU, 7
07012 PALMA
WITHDRAWAL DOCUMENT
CUSTOMER NAME: _________________________________
ORDER DATE:____________________________________
PAYMENT METHOD:_________________________________________
PRODUCT PURCHASED:________________________________
CURRENT DATE:______________________________________________
ACCOUNT FOR REFUND:__________________________
The undersigned, in accordance with the right granted by current legislation, requests the withdrawal of the above-mentioned product.
Signed - The Client