Shopping terms & conditions

PURCHASE CONDITIONS

The present document contains the Conditions governing the use of this website and the agreement that operates between us and you (hereinafter, the “Conditions”). These conditions set out the rights and obligations of all users (hereinafter, “You” / “your”) and those of ZERGATIK FACTORY, S.L. (hereinafter, “we / our / “the Seller”) in relation to the products/services offered by us through this website. Please carefully read these Conditions and our Privacy Statement before you click on the “Authorize Payment” button for placing an order. By using this website or placing an order through it, You are consenting to be bound by these Conditions and our Privacy Statement. If You do not agree to all of the Conditions and the Privacy Statement, do not place an order.

CONTACT

In case of any doubts, queries or suggestions, You can contact us through our contact form, accessible from www.zergatik.com/contacto

by e-mail to: zergatik@zergatik.com

by mail to: ZERGATIK FACTORY, S.L, Dpto. E-Commerce, Apdo Correos 214, 20130 Urnieta.

USE OF OUR WEBSITE

These Conditions are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Seller. These Conditions are important for both, You and us as they have been designed to create a legally binding agreement between us, protecting your rights as customer and our rights as company. You agree that, by placing your order, You unreservedly accept these Conditions, having read them.

You agree that:

• 1. You may only use the website to make legitimate enquires or orders.
• 2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we will be entitled to cancel the order and inform the relevant authorities.
• 3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary (see our Privacy Statement).
• 4. If You do not give us all of the information that we need, we may not be able to complete your order.

By placing an order through this website, You warrant that You are at least 18 years old and are legally capable of entering into binding agreements.

WEBSITE CONTENT OWNERSHIP

All the content of the website www.zergatik.com are exclusive and worldwide property of ZERGATIK including, without limitation, reproduction of the items, graphic design, logos, images, texts, illustrations, photographs, brands and other distinctive signs, in any of the programming languages used or usable, as well as all operating and development software of the website. The reproduction, distribution, communication to the public, transfer and any other act or modality of exploitation in any format, online or offline, are expressly prohibited, unless prior express authorization has been granted by the holder of the exploitation rights.

SCOPE OF THE OFFER

The products offered are distributed currently and exclusively within Spain (Peninsula, islands, Ceuta and Melilla), Portugal, France, Italy, Germany , Austria, U.K, Denmark, Holland, Sweden, Greece, Belgium, and Luxembourg.

PURCHASE GUARANTEES

The items offered on this website are a selection of products of the ZERGATIK collection and meet the same requirements of quality and guarantee that the products offered for sale in the ZERGATIK establishments.

Each product is accompanied by the following information:

• Name of the product
• Images of the product
• Description of the product
• Collection to which the garment belongs
• Reference number
• Available sizes
• Composition
• Price (taxes included)

ZERGATIK has gone to great effort to show the garment colours as close as possible to the reality. Nonetheless, the garment colour appearing on the screen may be subject to variations depending on the quality of your computer monitor. In this regard, ZERGATIK cannot guarantee that the colours appearing on your monitor are entirely faithful to reality.

The special offers, promotions or discounts will be valid until the date indicated or the end of stock.

PURCHASE PROCESS

• a) The product you wish to purchase must be selected and added to the shopping cart by clicking the corresponding button (‘Add to cart).
• b) The shopping cart contains the reference of the selected product, its name, size and price (taxes included). 
warming: The price indicated does not include the transport costs.
• c) The order form will request personal and invoicing details, as well as the delivery details, that will be incorporated into our database in order to be able to process the order and facilitate the implementation of new purchases at www.zergatik.com.
• d) Once the purchase order is completed, and before the order delivery, a summary will be presented identifying the acquired product/s, its total price (including transport and taxes) and the delivery details.
• e) The purchases are to be paid by credit or debit card (Visa, MasterCard and JBC). The order must be confirmed by clicking the “Confirm order” button. No other form of payment will be allowed. For payments by credit or debit cards, the charge will be made online, that is, in real time, through the secure payment gateway once it has been checked that the input information is correct.
• f) Once the transaction has been confirmed, the order number will be provided through the web page.
• g) Also, an e-mail message will be sent with the description of the order and the personal details that have been provided. The failure to receive this message could be due to a temporary problem in the communication network or a mistake in the introduction of the e-mail address provided. In both cases, it is advisable to contact Customer Service.

AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If you do not wish to order such substitute products, we will refund any monies that You have paid.

REFUSAL OF ORDER

We reserve the right to withdraw any products from this website at any time and/or remove or modify any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after sending the Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

We will not be liable to You or any other third party by reason of withdrawing any product from this website, whether it has been sold or not, removing or modifying any materials or contents on this website or for refusing to process an order after we have sent You the Order Confirmation.

CURRENCY AND TAXES

The prices on this website are shown in EUROS.

The User will always know the price and characteristics of the items offered prior to the acquisition, as these details are provided on this website.

The prices in EUROS include the Value Added Tax (18%) that will be applied to all the products supplied in the Member States of the European Union, except for those to be supplied in the Canary Islands, Ceuta and Melilla.

As regards these orders, the deliveries would be VAT exempt as provided under article 146 of the mentioned Directive, subject to the application of the relevant taxes and custom duties pursuant to the prevailing regulations in each of them.

PAYMENT METHOD AND SECURITY

With the aim to provide maximum security to payment systems, ZERGATIK, S.L. uses the Caixa Cyberpack secure payment gateway. In this sense, confidential payment data are directly transferred in an encrypted form (SSL) to the corresponding financial entity.

For payment with Visa, MasterCard or JCB, ZERGATIK, S.L. will only accept SEC (Secure Electronic Commerce) with 3D international protocol identified by the hallmark "Verified by Visa y MasterCard Secure Code". Secure Electronic Commerce is an initiative whose main principle is to guarantee the security of internet transactions. When making payment through the secure payment gateway, the system will automatically verify that the credit card has been activated for Secure Electronic Commerce. After that, it will connect with the issuing bank, which will ask for authorisation by means of a personal identification code. The operation will only be carried out if the issuing bank confirms the identification code. Otherwise, the transaction will be rejected.

PAYMENT REFUND

• If the payment has been made by credit card, the refund will be made the same date as the monthly date of liquidation. Therefor you will not receive any notification about the refund, until you receive the monthly credit card extract where the refund will be detailed.
• If the payment has been made by debit card, the refund will be made within a maximum of 7 days as I have explained earlier.

TRANSPORTATION

Transportation of the purchased items will be carried out by the transport service contracted by ZERGATIK. The delivery time will be subjected to the type of shipment and the country of delivery. In order to avoid incidences when delivering the items (wrong address, impossibility to find someone at the address, etc.), it is essential to correctly fill in the corresponding form, not forgetting the box concerning the contact telephone number.

Should orders be received before 12.00, shipment will be processed on the same day. Should orders be received after 12.00 , shipment will be processed the following day. Should orders be placed from Friday 14.30, Saturday or Sunday, shipment will be processed the following Monday.

Delivery times will depend on the place of destination:

Mainland Spain and the Balearic Islands
The maximum delivery time is 5 working days (standard delivery time is between 2-3 days).Shipment 7,00 €

The Canary Islands
The maximum delivery time is 15 working days (standard delivery time is between 7-10 days). Shipment 13,00 €

Ceuta and Melilla
The maximum delivery time is 15 working days (standard delivery time is between 7-10 days). Shipment 13,00 €

Europe: The maximum delivery time is 20 working days (standard delivery time is between 7-10 days). Shipment 12,00 €

* Delivery times mentioned above are approximate; they might vary depending on unforeseeable external reasons.

* Deliveries will be carried out once the transport agency has delivered your order.

RETURNS AND/OR EXCHANGES

From ZERGATIK we would like to make sure you are totally satisfied with your purchases. If by any reason you are not satisfied with the purchased item, you can return it within fifteen (15) days from the date you have received it from ZERGATIK.

In order to return products, you must fill in the return/exchange form that you will find by the purchased item and enclose it to it.

In order to exercise the right to return products, the following requirements must be met:

• Items must not have been used, washed or damaged.
• Items must have the original label.
• Items must be returned in the original packaging.

Send your parcel to:
ZERGATIK FACTORY, S.L
Polígono Erratzu, 43 – 20130
Urnieta , Gipuzkoa (Spain)

E-email: zergatik@zergatik.com

As long as all these requirements have been considered, ZERGATIK will refund the total amount of the purchased items. The order´s original shipping fees that you might have received will not be refunded. It will be you paying the shipping fees concerning the refund. Should you refund not be accepted due to lack of conformity with the previously mentioned conditions, ZERGATIK shall contact you shortly.

In the event that ZERGATIK had send, by mistake, a item different from the one ordered or should the quality of the item not be the one expected, please contact ZERGATIK for a refund and/or exchange of that item. Sending the item back to ZERGATIK, in this case, will be coordinated from ZERGATIK once the error or defect has been reported and therefore ZERGATIK will assume all corresponding shipping fees involved.

All products being sold by ZERGATIK have a label. Our suggestion to clients is to try the item leaving the label on, as items being sent back without the label will not be accepted.

In cases of changing the clothing item, size or colour, the client must fill in the return form; the amount of the item will be refunded (apart from the shipping fees). The client will be then in a position to place a new order.

Under no circumstance will ZERGATIK accept clothing items sent back to them by cash on delivery.

SPECIAL OFFERS

Promotions can not be combined.

WRITTEN COMMUNICATION

The applicable legislation demands that part of the information related to communications sent must be written. When using this website, You agree that most of your communication with us is electronic. To contractual effects, You agree to use this electronic communication means and admit that all contracts, notifications, information and other type of communication that we may send by email comply with the legal requirements in written. This conditions will not affect your rights, recognised by law.

NOTIFICATIONS

Your notifications must be preferably sent through our contact form.

We will considered notifications have been received and correctly carried out as soon as they are uploaded on our website, 24h after an email has been sent, or three days after any postmarked letter has been received. In order to prove that the notification has been carried out, in the case of a letter, it will be enough to prove that it had the correct address, that it was properly stamped and duly posted at the post office or in a letter box; in the case of an email, it will be enough to prove that it was sent to the email address specified by the recipient.

EVENTS OUT OF OUR CONTROL

We will be not liable for non-fulfillment or delay of any kind when carrying any of the obligations that we assume in the Contract, due to events out of our reasonable control ("Force Majeure Causes").

Force Majeure Causes will include any act, event, failure to exercise, omission or accident out of our reasonable control and will specifically include the following (with no limitations):

• 1. Strikes, lockouts or other industrial actions.
• 2. Civil commotion, riots, invasion, terrorist attack or terrorist threat, war (already declared or not declared yet), threat or war arrangements.
• 3. Fire, explosion, storm, flood, earthquake, sinking/collapses, epidemic or any other natural disaster.
• 4. Impossibility to use trains, ships, planes, motor transportation or any other means of public or private transportation.
• 5. Impossibility to use public or private telecommunication systems.
• 6. Acts, decrees, legislation, norms or restrictions from other governments.
• 7. Strike, failure or accidents related to maritime, fluvial or mail transportation or any other type of transportation.

Our obligation to perform, in virtue of any Contract, will be cancelled while Force Majeure Causes last and we will have an extended deadline to fulfill our obligations during that period. We will use all reasonable means to end the Force Majeure Causes or to find a solution by which we can fulfill our obligations in virtue of the Contract despite those Force Majeure Causes.

KEEPING AND FILING OF TRANSACTIONS

The filing of transactions performed is carried out on a reliable and lasting medium through ZERGATIK´s server.

OPENING HOURS

At www.zergatik.com purchases can be carried out 24 hours, 7 days a week, all year round.

COMPETENT JURISDICTION

The current purchase conditions are subjected to the Spanish legislation therefore purchase operations will be understood as performed at ZERGATIK FACTORY´s address. In the event of a lawsuit between the parties involved in the present contract, the competent jurisdiction will be submitted to the courts of San Sebastián-Donostia (Gipuzkoa).

COMMENTS AND SUGGESTIONS

Comments and suggestions will be appreciated. Please send your comments and suggestions through our contact form.