GENERAL CONTRACTING CONDITIONS

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website https://simorra.com/ , owned by Simorra Tiendas SA under the trademark of SIMORRA , hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website at the USER's disposal for reproduction and storage as confirmation of the contract, and may be modified at any time by SIMORRA . It is the USER's responsibility to read them periodically, since those in force at the time of placing orders will apply. SIMORRA will archive the electronic document where the purchase is formalized and will have it available to the USER in case he/she requests it.

Contracts shall not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• You have read, understood and comprehend what is stated herein.
• A person with sufficient capacity to enter into contracts.
• Assume all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.

 

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is Simorra Tiendas SA with registered office at C/ Corcega 222, Local - Barcelona - 08036 (Barcelona), with CIF A58069147 and customer service telephone number 676 021 193.

And on the other hand, the USER, who may register on the SIMORA website using an email address and password, for which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the time when the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale involves the delivery, in exchange for a price determined and publicly displayed through the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the email address clientes@simorra.com so that SIMORRA can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and may register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The USER, if he or she decides to create a user account, will select an email address and a password, agreeing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER may proceed to immediately block them.

Once the user account has been created, please be advised that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Claims and dispute resolution online.
5. Force majeure.
6. Competition.
7. General information about the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, charges and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

 

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not send any order until it has verified that payment has been made.

Shipments of goods will usually be made by the courier companies SEUR and UPS according to the destination freely designated by the USER. For national orders, SEUR will be the company responsible for shipping the goods and UPS will carry out the delivery of international orders.

Shipping will be carried out once the availability of the merchandise has been confirmed and payment for the order has been verified.

Delivery time will be between 2 and 5 working days, depending on the destination and the chosen payment method. The expected shipping and delivery date will be provided prior to order confirmation via the email provided by the USER for the purchase.

The delivery time for international shipments and shipments to the Canary Islands is longer, being between 7 and 10 working days.

The deadlines indicated above may be subject to modifications during promotional periods, with said deadline being longer.

Failure to execute the distance contract

In the event that the contract cannot be executed because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER with respect to the return of the total amount, the USER may claim payment of double the amount owed, without prejudice to his right to be compensated for damages suffered in excess of said amount.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.

Delivery will be considered to have been made when the carrier has made the products available to the USER and the USER, or his/her delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.

It is the USER's responsibility to verify the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://jsimorra-rma.tible.tech/

The USER has a period of fifteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it is a service provision, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007 , of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation regarding the right of withdrawal, the deadline for exercising it will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007 .

The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007 , and which are listed below:

• The supply of goods made according to the consumer and user's specifications or clearly personalized.

Any return must be communicated to the PROVIDER by requesting a return number using the form provided for this purpose at the following link: https://jsimorra-rma.tible.tech/ indicating the corresponding invoice or order number.

Once the USER has received the online return number, the MRW transport company will collect the order at the address indicated by the USER. The refund will have a cut-off of €4.95 , an amount that will be deducted from the total amount of the order at the time of the refund.

Returns to a collection address outside of Spain will have a cost of €10 if made in Europe and €20 for the rest of the countries via the UPS transport company.

For returns processing in the Canary Islands, please contact SIMORRA to verify the return fee.

Likewise, the USER may make free returns in physical stores (*) by providing the delivery note for the order placed. Below are the physical stores available to process these returns:

BARCELONA L'ILLA DIAGONAL, BARCELONA TURÓ PARC, BARCELONA ROSSELLÓ, BARCELONA RAMBLA CATALUNYA, VALENCIA, ZARAGOZA, MADRID, VIGO, OVIEDO, LLEIDA, SANT CUGAT, TERRASSA, SEVILLA, SANTANDER, PALMA DE MALLORCA, PLATJA D'ARO, GIRONA, REAL CITY, VALLADOLID, VIC, LEÓN, SALAMANCA, ALMERÍA, MURCIA, GIJÓN, REUS, A CORUÑA, FIGUERES, LUGO, MARBELLA.

(*) In our Outlet Stores, only online orders purchased during the Outlet Days promotion can be returned. Seasonal items, sales or specific promotions cannot be returned in these stores. During the Outlet Days promotion, only online orders purchased during the Outlet Days promotion can be returned. the garments in our Outlet stores or by managing the return through our website.

Our Outlet Stores are located in: BARCELONA OUTLET, SS DE LOS REYES OUTLET, MALLORCA MARRATXÍ OUTLET, BARAKALDO OUTLET, JEREZ OUTLET, VILADECANS OUTLET, MÁLAGA OUTLET.

El Corte Inglés does not allow returns of orders placed in our online store.

Once we receive your return and it is approved, you will receive the corresponding refund within 14 calendar days after the return is approved.

You will receive the amount via the payment method you used to make your purchase. If you do not see the refund in your account and you made the payment by credit card, we recommend that you check the balance of the same card, not only that of the associated account.

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be attended to as soon as possible and can be made at the following contact addresses:

Postal address: C/ Córcega 222, Local - Barcelona - 08036 (Barcelona)
Telephone: 676 021 193
Email: clientes@simorra.com

Customer service hours are as follows: Monday to Thursday from 9:00 a.m. to 2:00 p.m. and from 3:00 p.m. to 6:30 p.m. On Fridays our hours are from 8:30 a.m. to 2:30 p.m. In August our hours are: Monday to Thursday from 8:00 a.m. to 2:00 p.m. and from 3:00 p.m. to 5:30 p.m. and on Fridays from 8:00 a.m. to 2:00 p.m.

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without having to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Fulfillment of the obligation shall be delayed until the cessation of the event of force majeure.

6. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any provision of these conditions is deemed void or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER shall be deemed to be subject to these Conditions.

No modification, alteration or agreement contrary to SIMORRA's Commercial Proposal or to what is stipulated herein will have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements will prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services attached to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the products may vary in real time.

Before making a purchase, you can check all the details of your quote online: items, quantities, price, availability, shipping costs, fees, discounts, taxes and the total purchase price. Prices may change daily until the order is placed.

Once the order is placed, prices will remain the same whether the products are available or not.

Any payment made to the PROVIDER shall entail the issuance of an invoice in the name of the registered USER or the company name provided by the USER at checkout together with the purchased items.

For any information about the order, the USER may contact the PROVIDER's customer service phone number 676 021 193 or via email at clientes@simorra.com

9. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.

The USER may choose home delivery or in-store collection , the latter being free.

The transport rate (VAT included) applied is as follows:

• Shipping costs are €3.95. This price is subject to change during promotional periods.
• For orders sent to Ceuta and Melilla the shipping cost is €18.

The USER will have access to the shipping cost by including the delivery address during the purchasing process through the website, which will appear reflected in the shopping cart.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the financial transactions and enables the following methods for making payment for an order:

• Credit card
• Pay Pal
• Bank deposit

The USER may use a discount coupon at the time prior to completing the purchase if he or she has received it from the PROVIDER.

Safety measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

Under the card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited.

11. PURCHASE PROCESS

Any product from our catalogue can be added to the basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets have no administrative link, they are just a section where you can simulate a budget without any commitment on either side.

From the basket you can place an order by following the steps below for its correct formalization:

1. - Checking billing data.
   2. - Verification of the shipping address.
   3. - Selecting the payment method.
   4. - Place the order (buy).

Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the completion of the order.

Orders (purchase requests)

Prior to order confirmation, information will be provided regarding the status of the order and the approximate shipping and/or delivery date.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that are applicable to it.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to THE PROVIDER.

13. WARRANTIES AND RETURNS

The guarantees will respond to what is regulated in the Title referred to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER's domicile, the place of performance of the obligation or the place where the property is located if it is immovable.