GENERAL TERMS AND CONDITIONS OF SALE
www.siennaactivewear.com
1. GENERAL INFORMATION
The ownership of this web site, www.siennaactivewear.com, (from now on Web Site) is held by: Adriana Hung Colina, with NIF: 30376695C, and whose contact details are:
Address: Sant Sever Street 8, 4-2. Barcelona – Spain. 08002
Contact telephone: 651338205
Contact email: hello@siennaactivewear.com
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Website (www.siennaactivewear.com) and the purchase or acquisition of products and / or services on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that SIENNA Activewear develops through the Website comprises:
Production and marketing of sportswear for women.
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and General Conditions of Use, including the cookies policy, and privacy policy and data protection SIENNA Activewear. By using this Website or by making and / or requesting the purchase of a product and / or service through it the User agrees to be bound by these Terms and all of the above, so if you do not agree with all of the above, you should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchases. If such a purchase could reasonably be deemed to have been made, it may be cancelled and the relevant authorities will be informed.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. SIENNA Activewear does not ensure that the Website complies with the laws of other countries, either in whole or in part. SIENNA Activewear disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.
The User may conclude, at its option, with SIENNA Activewear the contract of sale of products and / or services desired in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.siennaactivewear.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on “CHECKOUT”.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that SIENNA Activewear has received your order or request for purchase and / or provision of service, it means the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through your personal space of connection to the Website.
Once the purchase procedure has been completed, the User consents to the Website to generate an electronic invoice that will be sent to the User via email, and where appropriate, through his personal connection space to the Website. Also, the User may, if desired, obtain a copy of your paper invoice by requesting it to SIENNA Activewear using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and / or service in question and shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of enunciation, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
In addition, the User may consult in an exhaustive manner the Special Conditions of Sale governing this Web Site at the following link: https://siennaactivewear.com/en/shipping-and-returns/
The communications, purchase orders and payments involved during the transactions carried out on the Website could be archived and kept in SIENNA Activewear’s computerized records in order to constitute a means of proof of the transactions, in any case respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable, and particularly in compliance with 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 (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by SIENNA Activewear through the Website are subject to the availability of products and / or that no circumstances or force majeure (clause nine of these Conditions) affect the supply thereof and / or the provision of services. If there are difficulties in the supply of products or products are not in stock, SIENNA Activewear undertakes to contact the User and refund any amount that may have been paid as an import amount. This shall also apply in cases where the provision of a service becomes unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the methods and shipping costs available and freely choose the one that suits him/her best.
In no case will the Website add additional costs to the price of a product or 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 for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, and PayPal.
Also, the User may pay all or part of the purchase price with a gift card and / or a store credit card issued by SIENNA Activewear.
SIENNA Activewear uses all the means to guarantee the confidentiality and the security of the payment data transmitted by the User during the transactions through the Web site. As such, the Web site uses a system of sure payment SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if the issuing bank does not authorize payment, SIENNA Activewear will not be responsible for any delay or non-delivery and can not enter into any contract with the User.
Once SIENNA Activewear receives the purchase order from the User through the Website, a pre-authorization will be made in the appropriate 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 confirmation of shipment and / or confirmation of the service being provided in the manner and, where appropriate, place established.
If the means of payment is Paypal, gift card or credit card the charge will be made at the time SIENNA Activewear sends a confirmation of the purchase order or purchase of products and / or services to the User.
In any case, by clicking “CHECKOUT” the User confirms that the payment method used is yours, or that, where appropriate, is the legitimate holder of the gift card or store credit card.
6. DELIVERY
In those cases in which it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Worldwide.
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period specified on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason, which was attributable to it, SIENNA Activewear could not meet the delivery date, it will contact the User to inform him of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact the delivery service provider to arrange delivery on another day.
In the event that 30 days after your order is available for delivery, and has not been delivered for reasons not attributable to SIENNA Activewear, SIENNA Activewear will understand that the User wishes to withdraw from the contract and it shall be deemed terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User’s own choice of delivery method, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the reception of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when SIENNA Activewear receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by SIENNA Activewear.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and duties under the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these could be borne by the User.
For other locations, other than the above, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at any given time will be applied; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by the User. For further information, the User should contact the customs office at destination.
7. TECHNICAL METHODS FOR CORRECTING ERRORS
The User is informed that in case it detects that an error has occurred when entering data necessary to process your purchase request on the Website, you can modify them by contacting SIENNA Activewear through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact 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 his personal space of connection to the Website.
In any case, the User, before clicking on “BUY”, has access to the space, cart, or basket where his purchase requests are recorded 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 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 (RGPD) and in the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User acquires products on or through the Website of the owner, he/she has a number 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 cancel the purchase within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the SIENNA Activewear Website or in the event that the goods making up your order are delivered separately, 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify its decision to SIENNA Activewear. It may do so, where appropriate, through the contact spaces provided on the Website or through:
Adriana Hung Colina
Sant Sever Street 8, floor 4-2. Barcelona – Spain. 08002
Tel. 651338025
mail: hello@siennaactivewear.com
The User, regardless of the channel it chooses to communicate its decision, must clearly and unequivocally express that it is its intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that SIENNA Activewear makes available as an annexed part of these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiration of the deadline.
In case of withdrawal, SIENNA Activewear will reimburse the User all payments received, with the exception of the additional costs chosen by the User for the shipping method, without undue delay and, in any case, no later than 14 calendar days from the date on which SIENNA Activewear is informed of the decision to withdraw by the User.
SIENNA Activewear will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, SIENNA Activewear may withhold such reimbursement until it has received the products or items of purchase, or until the User provides proof of the return of the same, depending on which condition is met first.
The User may return or send the products to SIENNA Activewear at:
Adriana Hung Colina
Sant Sever Street 8, floor 4-2. Barcelona – Spain. 08002
Tel. 651338025
mail: hello@siennaactivewear.com
And must do so without undue delay and in any case not later than 14 calendar days from the date on which SIENNA Activewear was informed of the withdrawal decision.
The User acknowledges knowing that it shall bear the direct cost of return (transport, delivery) of the goods, if any is incurred. In addition, he/she will be responsible for any diminished 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 stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In the same sense governs the provision of a service that the User could hire on this Website, as this same Law provides that the right of withdrawal will not assist Users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by SIENNA Activewear, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, products that are not in the same condition in which they were delivered or have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
To request the withdrawal form you should write to the following e-mail address: hello@siennaactivewear.com
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact SIENNA Activewear immediately and let it know the existing nonconformity (defect / error) by the same methods or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on 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 period of time, whether to proceed with the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User to make the return. The refund 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 any time for the User, as a consumer and user, will always apply.
Warranties
The User, as a consumer and user, enjoys warranties on the products that can be purchased through this Website, in the terms legally established for each type of product, responding SIENNA Activewear, therefore, for the lack of conformity of the same that is manifested within two years from delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by SIENNA Activewear and possess the qualities presented therein; are suitable for the uses to which products of the same type are normally intended; and have the usual quality and performance of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case 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, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.
9. DISCLAIMER OF RESPONSIBILITY
Unless otherwise provided by law, SIENNA Activewear accepts no responsibility for the following losses, regardless of their origin:
- any losses that are not attributable to any breach by you;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
- any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the products was made between them.
Likewise, SIENNA Activewear also limits its responsibility in the following cases:
- SIENNA Activewear applies all measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- SIENNA Activewear will act with the utmost diligence in order to make available to the company responsible for the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for reasons such as strikes, road delays, and in general any other sector-specific, resulting in delays, losses or thefts of the product.
- Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Unavailability of the Website for maintenance or other reasons, preventing the availability of the service. SIENNA Activewear puts all the means at its disposal for the purpose of carrying out the purchase process, payment and shipping / delivery of products, however disclaims liability for causes not attributable to it, fortuitous event or force majeure.
- SIENNA Activewear will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, SIENNA Activewear will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- – In general, SIENNA Activewear shall not be responsible for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations will be suspended during the period in which the cause of force majeure continues, and SIENNA Activewear will have an extension in the deadline to fulfill them for a period of time equal to the duration of the cause of force majeure. SIENNA Activewear will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User agrees that most communications with SIENNA Activewear will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that any contract, notice, information and other communications that SIENNA Activewear send electronically comply with legal requirements to be in writing. This condition does not affect the rights granted by law to the User.
The User may send notifications and / or communicate with SIENNA Activewear through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Also, unless otherwise stipulated, SIENNA Activewear may contact and / or notify the User in your email or postal address provided.
11. WAIVER
No waiver by SIENNA Activewear to a right or specific legal action or the lack of requirement by SIENNA Activewear of strict compliance by the User of any of its obligations shall not constitute a waiver of other rights or actions arising from a contract or the Conditions, nor exonerate the User from the performance of its obligations.
No waiver of SIENNA Activewear to any of these Conditions or rights or remedies under a contract shall be effective unless it is expressly stated that it is a waiver and is formalized and communicated to the User in writing.
12. NULLITY
If any of the present Conditions were to be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in these constitute the entire agreement between the User and SIENNA Activewear in relation to the object of sale and replace any other pact, agreement or promise made verbally or in writing by the same parties.
The User and SIENNA Activewear acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to SIENNA Activewear in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, 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 information or data provided are truthful.
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Web Site and contracts for the purchase of products through the same shall be governed by Spanish law.
Any dispute, problem or disagreement arising out of or related to access, navigation and / or use of the Website, or the interpretation and enforcement of these Conditions, or sales contracts between SIENNA Activewear and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send SIENNA Activewear their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, SIENNA Activewear has official complaint forms available to consumers and users, and that they can request SIENNA Activewear at any time, using the contact details provided at the beginning of these Conditions (General Information).
Also, if a dispute arises from the conclusion of this purchase contract between SIENNA Activewear and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modification: June 18, 2021