GENERAL AND SPECIFIC TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE www.spiuk.com
1. Pre-contractual Information
This website sells only to users considered as END CONSUMERS. It is not a B2B site.
The points set out in these terms and conditions govern the relationship between us, so they are all set out in a fully transparent manner. If there are any terms which are not clear or perfectly understandable, please let us know immediately so that we can provide a suitable explanation.
Pursuant to Article 60 of the Spanish Consumer Protection Act ["Ley de Consumidores y Usuarios"], you are hereby informed of the pre-contractual terms and conditions, as set out in the wording of the general terms and conditions for contracts governed by Point 1.
“Article 60. Pre-contractual Information
1. Before a consumer or user is bound by a contract or quote as relevant, the businessperson must provide relevant, truthful, sufficient information in a clear and comprehensible form, unless such information is clear from the context, concerning the main characteristics of the contract and in particular its legal and financial terms.
2. This "relevant information" includes the compulsory information on goods and services set out in this regulation and such others as may be applicable, plus:
a) The main characteristics of the goods or services, insofar as is appropriate for the support used and for the goods and services themselves.
b) The identity of the businessperson, including company name, trade name, full address and telephone number, and the name of the businessperson on whose behalf he/she acts if relevant.
c) The full price, including all taxes and charges. The way in which the price and any additional costs for transportation, delivery or postage are determined if the nature of the goods or services prevent the price from being calculated reasonably in advance, or if the price is subject to the preparation of an estimate or, if such costs cannot be reasonably calculated in advance, the fact that additional amounts may have to be paid. In all information for consumers and users concerning the price of goods and services, including advertising, the full price must be given. The amount of any applicable increases or discounts must be itemised as relevant, as must any costs passed on to the consumer/user and any additional costs for ancillary services, financing, use of different forms of payment or other similar terms of payment.
d) Procedures for payment, delivery and execution and the date by which the businessperson undertakes to deliver the goods or provide the service.
e) A reminder must also be given that there is a legal assurance of conformity in regard to goods, along with an indication of the existence and terms of after sales services and commercial warranties.
f) The term of the contract or, if the contract is indefinite or extendible automatically, the terms on which it may be terminated. Express indications must also be given of any loyalty or exclusivity commitments for the use of services from a given provider, and any penalties applicable in case of withdrawal from the service provided.
g) The language(s) in which the contract may be drawn up if it differs from that in which the pre-contractual information is provided.
h) The existence of any right of withdrawal available to the consumer or user, and the period and form in which it may be exercised.
i) The functionality of digital content, including the technical protection measures available e.g. protection via the management of digital rights or regional coding.
j) Any significant interoperability of digital content with apparatuses and programs known to the businessperson or that he/she may reasonably be expected to know, e.g. operating systems, required versions or specific elements of hardware.
k) The procedure for dealing with complaints from consumers/users and, as relevant, information on out of court conflict resolution as envisaged in Article 21.4.
3. Pre-contractual information must be provided to the consumer/user free of charge and at least in Spanish”
We comply with this requirement via the following text:
Introduction
These terms and conditions for contracts are drawn up on the basis of Royal Decree Law ("Real Decreto-Ley" - RDL) 1/2007 of 1 April and subsequent amendments thereof concerning legislation on consumers and users.
They also set out the regulations governing the relationship between consumers (purchasers on our website) and our company as the owner of the website and as the seller.
The type of contract applicable to that relationship is the DISTANCE SELLING CONTRACT, as regulated in RDL 1/2007 of 1 April on consumer protection. www.spiuk.com may, at any time and without prior notice, modify these general terms and conditions by publishing the modified wording on the Portal for the information of Users before they visit the Portal or acquire any goods offered thereon. With this, the duty of information required in law is fulfilled.
In all points concerning construal, validity and enforcement not envisaged herein, this contract is governed by Spanish legislation, particularly the Consumer Protection Act and other legislation applicable to consumers and users at domestic and European union level.
The legislation governing terms and conditions of contract is also taken into account, as is current Directive 2002/58/EC on privacy and electronic commerce, transposed into Spanish law via Act 34/2002.
Should any issue arise that is not regulated under the foregoing, the Spanish Civil Code will apply as a subsidiary regulation.
The source language of the general terms and conditions for contracts and that in which the points set out therein are to be construed is SPANISH. Should there be any discrepancy with any translation, the Spanish wording will prevail.
www.spiuk.com sells the products offered on its website in mainland Spain, Portugal and the Balearic Islands.
As a general regulation which must be complied with by website users for these terms and conditions, before matters pertaining to the general terms and conditions themselves are considered, you, the User/Purchaser, undertake as follows:
By registering as a User, you undertake to provide truthful data and to keep same up to date. This is included as a principal obligation in the Spanish Personal Data Protection Act ["Ley de Protección de datos de Carácter Personal"]. You must obtain prior authorisation before providing data on any other person for whom orders are made.
You undertake not to enter, store or disseminate on or from the Portal any information or material deemed defamatory, libellous, obscene, threatening, xenophobic, liable to incite violence, discriminatory on grounds of race, sex, ideology or religion or contrary in any way to public order or to the basic rights, public freedoms, honour, privacy or image of third parties or in general contrary to regulations in force.
You undertake not to introduce into, store on or disseminate via the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or device, be it electronic or physical, which is liable to cause damage to the Portal, to any of the Services provided thereon or to any equipment, system or network of www.spiuk.com, of any User, of any supplier or of any third party in general, or which is liable to cause harm to same in any other way or prevent their normal operation.
You undertake not to engage in advertising, promotional or commercial exploitation activities via the Portal and not to use the content or in particular the information obtained via the Portal to send advertising or messages for the making of direct sales or for any other commercial purpose, or to collect or store the personal data of third parties.
You undertake not to use false identities and not to supplant the identity of others in using the Portal or in using or acquiring any Product thereon, including the use of any passwords or access codes belonging to third parties and otherwise.
You undertake not to use the Portal to enter, store or disseminate any content that contravenes the intellectual or industrial property rights or trade secrecy of third parties, or in general any content that you are not legally entitled to make available to third parties.
User
By accessing the www.spiuk.com website you accept the status of User and implicitly agree to abide by the terms and conditions of use and to comply with the provisions of law applicable to the website. The liabilities entailed include:
The lawfulness and truthfulness of data provided on forms that request personal details in order to proceed with sales/purchase operations via the website. Prior authorisation to provide data on any other person for whom orders are made.
Making proper use of the information and content provided on the website of www.spiuk.com in compliance with applicable domestic and international regulations.
The provision of data as a purchaser is governed by the data protection regulations set out under "Privacy Policy" in the disclaimer on the website.
You must be of legal age and legally capable to enter into a contract of purchase/sale.
Pursuant to Act 4/2022 of 25 February, if you consider yourself to be a VULNERABLE CONSUMER please let us know immediately so that we can clarify in writing or by telephone any information regarding the terms and conditions below that you do not fully understand. Under Article 3 of Royal Decree Law (RDL) 1/2007 of 16 November, "vulnerable consumer" (in regard to specific consumer relationships) means individuals or groups of natural persons whose characteristics, needs, personal, financial, educational or social circumstances place them (albeit in regard to specific territories, sectors or time periods) in a position in which they are especially subordinate, defenceless or unprotected so that they are unable to exercise their rights as consumers on equal terms.
Characteristics of the products offered
All the products sold on our website share a number of common characteristics in regard to manufacturing standards.
The photos shown on the website are intended to be as realistic as possible, but remember that they are photos. In any event, products are labelled to indicate their characteristics, in compliance with the legislation1 on product labelling.
Should you need further details of the characteristics of a product or services, please let us know via any of the channels for contact indicated on the website.
www.spiuk.com undertakes to deal with customers as well as possible, striving always to provide a good standard of service.
We provide a SIZE GUIDE, but the measurements are mere approximations to help you buy without problems. This guide is a mere approximation.
www.spiuk.com holds a number of approvals in regard to quality standards, which you can see at https://www.spiuk.com/es/homologaciones
Specific terms & conditions for the sale of products via our website
PRICES
The price of each product or service is as indicated in the online store on the website in all cases. The said prices include VAT as per the regulations introduced under Royal Decree Law (RDL) 7/2021 of 27 April. Any typographical error will be corrected by indicating the final price in the order confirmation.
For errors that may be considered to have been committed by us, we offer the option of cancelling the order.
If your credit card has already been charged, the full amount paid will be refunded.
Pursuant to current legislation, the total final price includes all costs entailed in the purchasing of our products and services. In other words, taxes and shipping costs are included.
FORMS OF PAYMENT
Online Security - SSL Encryption
In general, all areas involved in the order completion process and MY ACCOUNT are secured against unauthorised access via an SSL protocol. The URL in the address line of your browser begins with "https:// ", indicating that you are in a secure area.
Our online store accepts the following forms of payment:
BANK CARDS
We accept Visa and Mastercard credit and debit cards. Payments must be made via the 100% secure payment gateway.
If the system does not permit you to pay by credit card, check the following:
Ensure that your card has not expired.
Ensure that you have entered the full card number correctly.
Check with your bank to ensure that you have not exceeded your spending limit.
For security reasons, your bank may require you to confirm your purchase. This new feature applies only so certain purchases, payments and subscriptions.
To confirm card payments:
Follow the instructions from your online banking website
Your bank may ask you to use a unique security code as verification mechanism.
Check your email inbox or mobile phone messages to find the code and enter it when prompted to do so.
The bank may also ask you to confirm your purchase using facial recognition or fingerprint technology if you have configured these options.
After confirmation, you will be redirected back to the order page and will receive confirmation that your order has been processed correctly.
You may need to confirm whether you are using a credit or debit card on completing your order.
BIZUM
Enter the phone number associated with the service and your BIZUM password for online purchases (if you do not have one, ask your bank via your online banking app).
You will receive an SMS with the confirmation code, which you must enter in the payment box so that payment can be completed.
The minimum charge for using this service is €0.50.
Use of BIZUM as a payment method for online purchases is subject to its availability at your bank.
SHIPPING POLICY
Shipping costs are €4.90 for mainland Spain and Portugal and €9.50 for the Balearic Islands.
To deliver your order we need your postal address. If it is a gift for someone else, we assume that you are authorised to give us the relevant details for your order and accept no liability in regard to such transfers of data.
You, the User, undertake to provide www.spiuk.com with the necessary information on the recipient. If that information is incorrect or incomplete, www.spiuk.com accepts no liability and any re-shipping that may thus become necessary will entail extra shipping costs, which are payable by the User.
Once you have confirmed your order, the data will be recorded at www.spiuk.com. Work to serve the order will commence once payment has been confirmed and validated.
Any taxes or customs duties applicable will be payable solely by the User.
We ship our products via the courier NACEX, which offers a status tracking system so that you can follow the progress of the shipment.
We strive to make shipments within 3-5 days of receipt of payment. Saturdays, Sundays and local, regional and national public holidays are not counted as working days. The transportation process indicated may be affected by problems not attributable to us or by force majeure, which may prevent your order from arriving on time as we would wish.
RIGHT OF WITHDRAWAL
You have 14 calendar days as from receipt of the order to exercise your right of withdrawal. This is in line with Royal Decree Law (RDL) 1/2007 of 1 April on consumer protection and subsequent amendments thereto. If the order is for a customised product, this right does not apply. To exercise your right, complete and send us the form in ANNEX 1 below.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to contracts of the following types:
a) Provision of services once the service has been provided in full when provision commenced with the express prior consent of consumer/user and an acknowledgement by same that he/she is aware that the right of withdrawal is lost once the contract has been executed in full by the company.
b) Supply of goods or provision of services when the price depends on fluctuations in the financial market beyond the control of the company that may take place during the withdrawal period.
c) Supply of goods made to the specifications of the consumer/User or clearly customised.
d) Supply of goods that may deteriorate or expire rapidly.
e) Supply of sealed goods which have been unsealed following delivery and cannot be returned for reasons of health or hygiene.
f) Supply of goods which by their nature are mixed inextricably with other goods following delivery.
g) Supply of alcoholic beverages the price of which was agreed when the contract of sale was entered into, which cannot be delivered within 30 days and the actual value of which depends on market fluctuations beyond the control of the company.
h) Contracts in which the consumer/user specifically asks the company to visit him/her to carry out urgent repair or maintenance operations if in the course of that visit the company provides services other than those specifically requested by the consumer or supplies goods other than the spare parts needed to carry out repair or maintenance operations, in which cases the right of withdrawal applies only to such additional services or goods.
i) Supply of sealed video or sound recordings or sealed computer programs which have been opened by the consumer/user after delivery.
j) Supply of daily newspapers, periodicals or magazines, with the exception of subscription agreements for the supply of such publications.
k) Contracts awarded by public auction.
l) Supply of accommodation services for purposes other than residents, transportation of goods, vehicle hire, food or services related to leisure activities if the contracts envisage specific dates or execution periods.
m) Supply of digital content not provided on a physical data carrier when execution has begun with the express prior consent of the consumer/user, and the latter is aware that a loss of the right of withdrawal is entailed.
PRODUCT RETURNS AFTER THE PERMITTED WITHDRAWAL PERIOD
On the basis of your right of DISAPPROVAL, you, the user, may:
Return to www.spiuk.com without charge any product that you consider faulty.
Request a reduction in price.
Terminate the contract of purchase/sale.
Any product return shipping costs entailed are payable by the seller, provided that there is indeed a fault in the product. If you do not wish our designated carrier to collect the product, the cost of shipping by other means will be for your account.
HOW TO RETURN AN ITEM
If you wish to return an item because you are not satisfied with it, please contact us immediately so that we can resolve the situation and give you the options envisaged in law.
Please indicate your order number and the reasons for returning the product. Our customer service team will examine your request to return the product. If the request is accepted as meeting the requirements of law applicable to DISAPPROVAL as per RDL 1/2007 of 27 April and subsequent amendments thereto, you will be given further instructions.
Item must be returned in their original packaging, complete with all accessories, manuals and documentation.
Products must be as received. The original seal must be intact. Products which have been manipulated or opened may not be returned. If a product returned is found on arrival to have been opened or manipulated, the return will not be admitted unless the product is faulty.
HOW MONEY IS REFUNDED
The refund of a return will be made through the same payment method used.
AVAILABILITY OF PRODUCTS OFFERED ON THE WEBSITE
As a general rule, 90% of the items offered via the online store are in stock. In any event, if an item shown is not in stock at the time of ordering we will inform you immediately by email that we are unable to fulfil the order.
If there is any occasional problem with the availability of the item selected, we will give you the choice of cancelling the offer or opting for a different item.
If your credit card has already been charged, you will receive a refund for the full amount charged so that there is no cost to you.
European Platform for Conflict Resolution
In compliance with Article 14.1 of Regulation EU 524/2013, you are informed as a user of our website that the European Union has made available to you a platform for the resolution of any online conflicts between parties.
That platform can be accessed via this link: http://ec.europa.eu/consumers/odr/ (operational as from 15 February 2016)
Questions on consumer issued can be submitted via this link.
Taxes applicable to sales via our website
1 June 2021 saw the entry into force of new regulations governing VAT on online sales to private individuals across EU countries, with the implementation of Royal Decree Law 7/2021 of 21 April. For all sales to private individuals, sellers must now apply the VAT rate applicable in each EU country. VAT is not levied on sales to non EU countries.
You will be informed in advance of the levying of any port charges and/or special taxes such as the IGIC (applicable in to users resident in the Canary Isles). For more information on the IGIC in the Canary Isles, see www.gobiernodecanarias.org/tributos/.
Legal warranty on consumer goods.
All the items sold via this website are covered by the warranty required under Article 123 of RDL 1/2007 of 1 April setting out the minimum warranties on the sale of consumer goods and subsequent amendments thereto.
Legislation and jurisdiction applicable in case of disputes.
The terms and conditions of this website are governed by Spanish legislation.
In any dispute on issues concerned with your purchase, the jurisdiction applicable to you as a consumer is that established by law, which normally means that of your place of residence.
Regulations applicable in the Basque Country concerning complaint forms
All sellers of goods and services, be they natural or legal persons, must have complaint forms available to consumers in the standard format issued by the department of the Basque Government that regulates and processes complaints and claims by consumers and users in the Basque Country.
The availability of such forms does not preclude consumers from filing complaints by other means admissible in law.
All establishments must have a sign posted in a location visible to the public that reads as follows: EXISTEN HOJAS DE RECLAMACIONES A DISPOSICIÓN DEL CONSUMIDOR O USUARIO ["Complaint forms are available to consumers/users"].
If the product or service is delivered or provided to the home of the consumer or outside a permanent retail establishment, the businessperson or specialist who provides the service must carry complaint forms on his/her person. This requirement is set with home repair services in mind. Such forms must be handed over to consumers free of charge on request.
Should the consumer request such a form, the businessperson must complete the identity details of the business: name or trade name, corporate address and tax identification number.
The complainant must complete his/her own identity details: full name, address and ID card or passport number, and must clearly set our the reason for the complaint. The business may use the complaint form to set out any arguments that it considers pertinent in regard to the complaint.
Businesses must process complaints via the Kontsumobide service at provincial level: in Álava, Bizkaia or Guipúzcoa.
To file a complaint or claim on a consumer-related matter, proceed as follows:
If you are an individual consumer/user, you may file a consumer-related complaint or claim. You can do this:
Online, digitally identifying yourself first.
In the territory covered by the Kontsumobide service: Alava, Bizkaia or Gipuzkoa.
At the Municipal Consumer Affairs Office (OMIC) that serves your home address.
Address of the website owner for purposes of notifications.
Our company address is:
SPIUK SPORTLINE S.L.
POLIGONO INDUSTRIAL ZABALE P4C NAVE 2
48410, OROZKO, VIZCAYA
Inscrita en el R. Mercantil de Vizcaya, Tomo 5110, Libro 0, Folio: 102, Hoja: BI-56253, Inscripción 2ª
CIF.B01240415
Annexes
ANNEX 1
Withdrawal form(not applicable in the exceptions indicated in Article 103 of RDL 1/2007)
(Complete and submit this form only if you wish to exercise your right of withdrawal from the contract)
To:
SPIUK SPORTLINE S.L.
POLIGONO INDUSTRIAL ZABALE P4C NAVE 2
48410, OROZKO, VIZCAYA
I hereby inform you that I wish to exercise my right of withdrawal from the contract of purchase/sale OUTSIDE A RETAIL ESTABLISHMENT in regard to the following items:
Date of purchase: ________________________________________
Order nº: ________________________________________
Name of consumer: ________________________________________
Address of consumer:
Street/nº _____________________________ ________
Postcode/ municipality: ________ ___________________________
Country: ________________________________________
Signature of the consumer (for forms submitted on paper only)
These terms and conditions are initial version V1.0. They may be changed by the business, always in compliance with consumer protection legislation and other legislation applicable to the relevant sector.
