These General Terms and Conditions of use and contracts are aimed at making the information provided on the website available, as well as the legal relationship arising from contracts entered into between users and the website owner.
ZICLOTECH may amend the General Terms and Conditions without prior notice, and thus it is advisable to read them after every visit to the website. These amendments shall be applicable after they are posted on the website and may not apply to previous contracts. At any rate, the review date of the General Terms and Conditions shall be included. Every purchase is governed by the General Terms and Conditions as of the order date. At any rate, before any contract process, the General Terms and Conditions may be consulted.
Products and services advertised on the website conform to Spanish legislation. Access to the website shall be voluntary, and therefore the user shall be liable for any direct or indirect effect of their use of the website, including, but not limited to, any adverse financial, technical and/or legal outcome, as well as not fulfilling the expectations generated by our website, the user thus being bound to hold ZICLOTECH harmless from any claims arising directly or indirectly from those events.
ZICLOTECH shall not be liable for any damage arising from any interference, omission, disruption, computer virus, breakdown and/or disconnection in the operation of this electronic system or users’ hardware, beyond ZICLOTECH’s control, which prevent or delay the services or browsing of the online shop, or the delayed or blocked use caused by deficiencies or overloaded networks or electronic systems, or the impossibility to provide services or enable access on grounds beyond ZICLOTECH’s control, attributable to the user, third parties, or due to Force Majeure events. ZICLOTECH does not in general control the use of the website by users. In particular, ZICLOTECH shall not be liable under any circumstances for users’ use of the website, in accordance with legislation, these General Terms and Conditions, morality and generally acceptable proper conduct, public policy, or according to due diligence.
ZICLOTECH’s product liability is limited to their price, and the user or consumer waives any claim for ZICLOTECH’s liability on any grounds if unsatisfied with the products purchased through this website, as well as any possible malfunction, slow or wrong access, including lost data, or any type of information on the computer or network of the user accessing ZICLOTECH.
In general, the user undertakes to comply with these General Terms and Conditions, and to observe any special warnings or instructions for use contained herein or on the website, and to act in accordance with legislation, proper conduct, good faith, due diligence, and to refrain from using the website so as to prevent , damage or deteriorate its normal operation, the assets or rights of ZICLOTECH, its suppliers, any remaining users or any third party in general. Access to and use of the portal by minors is hereby strictly prohibited without their parents’ express consent. ZICLOTECH shall not be liable for the truthfulness and accuracy of data completed by users, and can therefore not verify their age.
Specifically, and notwithstanding the previous paragraph, during its use of the website, the user undertakes to:
The customer undertakes to facilitate the delivery of the order placed by providing a delivery address for the order within the usual time frame for delivery of goods. Breach of this obligation by the customer shall shield ZICLOTECH from any liability for the delayed or impossible delivery of the order placed by the customer.
The following steps must be observed in the purchase process:
Prices and deals advertised on the website are only valid for online orders.
Order validation by the Customer amounts to express acknowledgment and acceptance of these General Terms and Conditions as part of the execution of the contract. Unless otherwise proven, data recorded by ZICLOTECH shall amount to full proof of the transactions between ZICLOTECH and its customers. ZiCLOTECH shall store the electronic document of the contract, and it shall be accessible.
After the purchase is made, and as soon as possible, no earlier than 24 hours after the purchase is completed, ZICLOTECH shall issue an email receipt to the Customer. If the latter does not agree with the data of that confirmation, they may request their amendment or the cancellation of the contract.
The choice of products offered via the website is valid as long as they are visible on the website, with available stocks. Since this is an e-commerce transaction, stock is updated online, which means the website may be out of stock during the purchase process, in which case the sale shall be cancelled.
Terms are calculated on the basis of business days – Monday to Friday – since ZICLOTECH does not ship on Saturdays, Sundays or Holidays. In the event of any stock-out or specific unavailability, ZICLOTECH shall contact the Customer and communicate this immediately, offering a new delivery period, or, if the product may not be shipped, cancelling the transaction.
Prices on the website include VAT. During the purchase process, the amount of tax at the current rate applicable to marketed products and/or services.
Shipping and/or handling expenses are not included in the price and shall be specified to the Customer before they complete their purchase, depending on the shipping address of every order. The Customer may choose their preferred shipment method.
The freight amount shall be included in the Customer’s bill, and determined on the basis of our freight tables, which help the Customer calculate every purchase.
ZICLOTECH offers various payment method for the Customer to choose the most suitable one to their needs:
ZICLOTECH adheres to this security protocol, and thus, once the product to be purchased is chosen and the card number is entered, the Issuer’s window is opened for identification purposes, showing this message:
Your card information and password are protected by this security system once they are entered. Once identification is complete, the Issuer communicates to ZICLOTECH that the purchase is being made by the cardholder, and thus the process may be completed. If identification is complete, the Issuer communicates this to ZICLOTECH to act accordingly.
This window is beyond ZICLOTECH’s control, the Issuer remaining liable from any incident related thereto, the Customer having to contact said institution in this case.
ZICLOTECH reserves the right to reject any transaction by credit card. In this case, we shall reimburse the amount on the original card. Given these situations and if the Customer wishes to proceed with the purchase of these items, we shall request a bank transfer.
Failure to pay by the Customer, in whole or in part, on the expiration date agreed upon to ship one or more products shall result in ZICLOTECH’s right to suspend or cancel any pending shipment or Contract, without assuming any liability for damage or loss, including loss of earnings, or damage due to delay or loss of production caused to the Customer. The foregoing shall in no event entitle ZICLOTECH to release the Customer from their contractual obligations in terms of payments and acceptance of products.
Products are shipped to the Customer’s shipping address as indicated in the order (under Delivery Information). If an order for different items with different availabilities is placed, the shipment term shall take into account the longest availability. Exceptionally, ZICLOTECH shall reserve the right to break down the order, by shipping available items and leaving a second shipment of unavailable items pending. All orders are subject to acceptance by ZICLOTECH. ZICLOTECH shall not ship any product until its administrative department confirms the payment.
Home delivery: Our shipments are handled by Royal Mail carriers. No specific delivery time frames are possible. Delivery shall be at the indicated address within five business days upon confirmation of the order. Carriers do not deliver on Saturdays, Sundays or Holidays. In the event that the Customer has any issue at the time of delivery (damaged packaging, missing or deteriorated products), they must state this in writing in the carrier’s delivery note, and notify ZICLOTECH at email@example.com within 7 days upon receipt
If there is a delay in the receipt or collection of the goods by the Customer, ZICLOTECH shall have the power to store the goods at the Customer’s expense and risk, at their facilities or those of a third party, and the Customer must pay any expenses incurred by ZICLOTECH.
In order to ensure privacy, all parcels are packaged discreetly and covered with smooth wrapping with our address, but no logo. *(During peak periods, e.g. Sales, orders may be met within 7-10 business days). If any of the items ordered is temporarily out of stock, it shall be shipped as soon it is available. In that case, no additional amount shall be charged for shipment and packing.
The order shall include a form and a label for returns. Proof of your parcel shipment back to ZICLOTECH issued by the Post Office must be kept, as we are not liable for it otherwise.
After receiving this item, the order shall be processed within 5 business days. If a Customer has requested a reimbursement, it shall be paid with the same payment method as the purchase. If a different item is preferred, a reimbursement and new order shall be necessary.
When placing an order online or by post, in addition to the benefit of our 14-day exchange or return policy, certain consumer rights also apply. In accordance with the Consumer Rights Directive (superseding the Distance Selling Regulation), if all items in an order are returned, ZICLOTECH shall bear standard postage and packaging expenses, provided that this is requested via email within 14 days upon receipt of the order, with the Customer stating their intent to return them.
When an order is cancelled pursuant to the CRD, the Customer is liable for the return of the items, for which purpose the return label with POSTAGE PREPAID, included in the order, may be used. We suggest keeping the proof issued by the Post Office attesting to the shipment (only for UK customers). Partial shipments via our standard services within 14 says upon receipt of the order need not be broken down.
In turn, ZICLOTECH may not replace a product or model without previously consulting the Customer. If due to any reason beyond ZICLOTECH’s control, the order may not be met, the Customer shall be offered an exchange for a similar product or the cancellation of the order.
If an order is cancelled once it has been confirmed and shipped, the Customer must bear any freight and processing expenses.
Any goods requested in an order is checked by the manufacturer in terms of quality and condition. If the Customer has questions about the products, they may contact us.
At the time of delivery, the Customer must make sure that the parcel is in good condition, fully closed and has no signs of tampering. Otherwise, this must be noted in the carrier’s delivery note, and the shipment must be rejected and notified in writing to ZICLOTECH as soon as possible.
Both in the case of returns due to withdrawal or because the product is non-compliant, the Customer must follow the instructions below for correct and speedy processing.
The Customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall expire after 14 days from the day the Customer or a third party it indicated, other than the carrier, took possession of the goods.
In order to exercise the right of withdrawal, ZICLOTECH must be notified in writing of the Customer’s decision to terminate the contract, at ZICLOTECH, paseo del club deportivo, 1 – bl 13, 28223 Pozuelo de Alarcón ( Madrid ) (España), by post, fax or email (firstname.lastname@example.org).
The withdrawal period to exercise the right of withdrawal by communicating it is the aforementioned period of 14 business days.
Effects of withdrawal
In case of withdrawal by the Customer, they shall be promptly reimbursed for any payment within 14 calendar days upon receipt of the returned item at ZICLOTECH’s facilities. This amount shall be deducted shipping expenses to ZICLOTECH’s facilities, as shown below: (Specify shipping expenses)
Peninsular Spain: EUR 7.00
Balearic Islands: EUR 11.00
Canary Islands, Ceuta and Melilla: EUR 15.00
International (Portugal): EUR 15.00
Said reimbursement shall be by the same payment method applied to the transaction, unless otherwise specified by the Customer. The Customer shall not bear any expenses resulting from the reimbursement
The Customer must follow the Instructions to return the product indicated herein.
All our products for sale have a full two-year warranty upon delivery, which shall be deemed to be the earlier of the date on the invoice, receipt or delivery note. The two-year warranty does not include any faults caused by negligence, blows, improper use or undue tampering, incorrect voltage, wrong installation by the authorised Technical Service, if any, etc., or materials damaged by wear and tear.
Unless otherwise proven, it shall be assumed that breaches found within six months upon delivery of the product, whether brand-new or second-hand, were already there when the product was delivered, unless this is inconsistent with the nature of the product or type of breach
In case of breach of the product specifications as indicated by the manufacturer or claims due to apparent defects of material or workmanship, quality, quantity or otherwise, the Customer must communicate this in writing to ZICLOTECH, by any medium that admits acknowledgement of receipt.
The warranty shall be valid under the following circumstances: Blows and/or improper transport, tampering with any sealing or identification/control label, negligence of any kind by the Customer or a third party, damage due to natural phenomena or catastrophes such as storms, flooding, lightning, earthquakes, fires, etc. This shall also be true if:
In case of any disagreement on any grounds with the product received, the right to repair or replace the product is thereby waived. To return a product, it must be in perfect condition and with the invoice enclosed. ZICLOTECH allows exchanges in terms of size or returns within thirty (30) days upon receipt, provided that the garment has not been worn or damaged. For health reasons, underwear and toilet items may contain a protection device to prevent them from being tried on or worn. If this type of item is to be returned, it is essential to keep their tag and protection device, if any. If a warranty is applicable, the company provides optional repairs, replacements, discounts or returns, within statutory terms.
To conduct repairs, ZICLOTECH may replace the product as deemed advisable, or reimburse the price of the product to the Customer if the repair or replacement are not possible. Exchanges of models are not allowed, except in terms of size. To exchange an item for a different one, it must be returned and a new purchase must be then made.
Upon receipt of the product/s, ZICLOTECH shall check their good condition and send the required size, if an exchange has been requested or reimburse the Customer with the same payment method as that of the purchase, in case of a return. The term for a reimbursement may range from 5 to 12 business days upon receipt of the return goods at our distribution centres.
No return in breach of the aforementioned conditions shall be accepted. No returns of unsealed items unfit for return for health or safety reasons upon delivery shall be accepted.
ZICLOTECH’s total liability on any grounds shall in no event exceed the total value of the shipped faulty goods. ZICLOTECH shall in no event, other than as provided in this clause, be liable for any damage, in particular loss of earnings, or damage due to foreseeable results, delay or loss of production. Any compensation set forth in this clause shall exclude any other compensation for defects or faults in terms of quality or quantity.
ZICLOTECH must facilitate at the time of the sale any documentation needed to manage any type of RMA incident.
All notices, requests and other communications between the parties in connection with these General Terms and Conditions must be in writing and they shall be deemed to be duly served when delivery by hand or sent by 2nd class post at the other party’s address or by email at their email address, or to any address or email address indicated for such purpose by the parties.
If any clause included in these General Terms and Conditions were deemed null and void, in whole or in part, such nullity shall only affect said provision or part thereof deemed null and void, the remaining General Terms and Conditions remaining in full force and effect and being therefore unaffected.
Any purchases at ZICLOTECH are subject to Spanish legislation.
These General Terms and Conditions are subject, among others, to the following Statutes
In case of any dispute or inconsistency in the interpretation or applications of the provisions hereof, competent courts shall rule on applicable statutes as to competent jurisdiction over end consumers, whether in relation to the place to fulfil obligations or the buyer’s address.
The parties hereby submit to the competent courts at ZICLOTECH’s domicile to solve any disputes, and hereby waive any other jurisdiction or venue.
These General Terms and Conditions are up-to-date as of 5 November 2018.