1. GENERAL POINTS
The terms and conditions set out below have been drawn up by SKYWAY TECHNOLOGY, S.A. (hereinafter "SKYWAY TECHNOLOGY") to provide the users of the company's online store, accessible through domain name www.skwairsoft.com(hereinafter the "ONLINE STORE"), clear, understandable, unambiguous and accurate information in a permanent, simple and free manner regarding the terms and conditions governing the sale of our products through this online store.
These General Terms and Conditions of Sale (hereinafter the "GENERAL TERMS AND CONDITIONS") shall remain available to all users of the ONLINE STORE (hereinafter the "USER(S)"), which they may consult and print out at the ONLINE STORE itself, whenever they so desire.
In order to make a purchase through the ONLINE STORE, the USER must have read and expressly accepted the GENERAL TERMS AND CONDITIONS, through the system provided for this purpose, so that it will not be possible to complete their purchase process or to place an order without first accepting the same.
2. IDENTIFICATION OF THE SELLER
USERS are informed that the company respsonsible for the sales made through the ONLINE STORE is:
Business name: SKYWAY TECHNOLOGY, S.A.
Tax ID Code (C.I.F.) A-01058759
Register Details: Companies Register of Alava Volume 591, Book 0, Folio 139, Sheet VI-2943.
Registered office: Polígono Uritiasolo 10 - Pab. 127 C/ Particular Fdez. Retana
Phone: +34 945 147 200
Email: info@skwairsoft.com
3. WHO CAN MAKE PURCHASES? 1
The products sold through the ONLINE STORE are directed at:
natural person over the age of 18 or minors who are emancipated in accordance with the requirements set out in the Civil Code and who, therefore, are acting in their personal capacity. In this regard, the USER states that they are either over the age of 18 or an emancipated minor and therefore have the necessary legal capacity to enter into a contract and can thus make their own purchases through the ONLINE STORE. Should a minor wish to purchase an item, then their parents or legal guardian must place the order on their behalf or, at least, the minor must have their authorisation to do so. SKYWAY TECHNOLOGY accepts no liability for any purchases made by minors in breach of the provisions hereof.
Companies, either legal persons or another type of entity conducting a business activity (for example, through Joint Ownerships, Non-trading Partnerships or similar), as well as individual professionals or entrepreneurs acting in their professional capacity. Access by the aforementioned companies to the ONLINE STORE shall be subject to a prior request emailed to info@skwairsoft.com for a username and password.
4. HOW DO I MAKE A PURCHASE?
Purchases from the ONLINE STORE can be made in one of two ways: either as a registered USER (either a natural person or company) or else as a guest, subject to the following provisions:
Purchase as a registered USER requires the USER to complete a registration form with their personal data. This registration will allow the USER to update their data, manage their purchases, track their orders and benefit from promotions and special offers.
In order to complete the registration process, the USER is required to accept these GENERAL TERMS AND CONDITIONS. Otherwise, the process will not be complete and, therefore, the USER will not be able to enjoy the benefits of being a registered user. On completion of the registration process, the USER may access the private area as many times as they like by entering their personal username and password.
When the USER makes a purchase as a guest, there will be no obligation to register, although they must provide the personal details required to dispatch the order and, where applicable, to issue an invoice and, in any case, these GENERAL TERMS AND CONDITIONS must be accepted.
In either case, the purchasing process is extremely simple. The USER simply needs to select the product(s) they wish to purchase, the number and characteristics of the items and add them to their shopping cart. When a product is selected, detailed information about that product is displayed:
Product characteristics.
Technical features, if any.
Sizes.
Price, including VAT but excluding shipping costs, unless stated otherwise.
If the USER has a promotional code or online voucher to benefit from any applicable conditions and discounts, as indicated in the same, then this should be entered here.
To complete the purchase, the USER should access their shopping cart to check the items selected and any applicable shipping costs and confirm their order. Registered USERS must identify themselves and log in with their personal username (email address) and password and accept the GENERAL TERMS AND CONDITIONS again.
Once the order has been checked and the USER has been identified, payment of the purchase should be made through one of the payment types indicated in Clause 8 of these GENERAL TERMS AND CONDITIONS.
In any case, and in order to assist in the prevention of fraud over the Internet, SKYWAY TECHNOLOGY reserves the right to verify the personal data supplied by the USER and to take appropriate action (including the cancellation of the order) in order to guarantee the non-fraudulent purchase by the USER and/or third parties.
Once payment has been validated, a contract of sale is established between the USER and SKYWAY TECHNOLOGY, subject to these GENERAL TERMS AND CONDITIONS. Spanish is the only language in which orders can be placed. However, irrespective of the language, the geographic scope in which SKYWAY TECHNOLOGY offers its products shall exclusively be the one indicated in Clause 6 of these GENERAL TERMS AND CONDITIONS.
Once the purchase process has been completed, this shall be confirmed by sending an "Order confirmation" email to the USER containing their order number, the number of items, a description of each one with the characteristics, price, taxes and shipping costs as well as the delivery time, in the terms set out in Clause 9 of these GENERAL TERMS AND CONDITIONS.
Failure to receive this message may be due to a temporary communications problem on the Internet or to a typing error in the email address provided. In both cases, USERS are advised to contact us at email address: info@skwairsoft.com.
For any other queries, USERS can email us at info@skwairsoft.com.
5. MANAGEMENT OF THE PRIVATE AREA
Under the "My account" section of the ONLINE STORE, the USER has access to a complete area for registering, changing and correcting their personal data so that these are up to date. There is also an address book for managing delivery addresses, billing addresses or any others that may be of interest, a list and confirmation of all orders placed, and other functionalities made available to USERS.
6. GEOGRAPHIC SCOPE FOR THE PRODUCTS OFFERED
The geographic scope for the products on sale in the ONLINE STORE will be mainland Spain and Portugal, as well as the countries within the European Union and the USA.
7. AVAILABILITY OF ITEMS
Items on sale in the ONLINE STORE are subject to availability. Should SKYWAY TECHNOLOGY be unable to supply the product purchased by the USER due to it being unavailable or out of stock, then we will inform the USER of these circumstances in the product information details prior to completion of the purchase.
8. PRICE AND TYPES OF PAYMENT ACCEPTED
The prices of the products available in the ONLINE STORE are displayed in euros only. The final amount to be paid by the USER will be detailed in the product information, and will always include Value Added Tax (VAT) at the applicable rate at the time and any other applicable taxes. For sales to a country that is a member of the European Union and/or the USA, the said VAT will not be applied. However, any taxes or duties that the USER is legally obliged to pay according to the legislation in force on the date of the sale, will be applied.
The USER will be informed of any applicable delivery costs prior to completion of the purchase.
SKYWAY TECHNOLOGY reserves the right to change the products on sale in the ONLINE STORE, as well as the selling prices, sdelivery costs and other conditions and promotions, at any time and without prior notice. In any case, the terms and conditions in force at the time of purchase will be applicable.
The payments resulting from the purchase of products from the ONLINE STORE can be made through BIZUM, bank transfer, credit or debit card (VISA or MASTERCARD) or through PAYPAL. Any charge resulting from the payment type selected shall be entirely for the USER's account.
8.1. Payment through BIZUM
All payments made through BIZUM will be subject to the terms and conditions established by SOCIEDAD DE PROCEDIMIENTOS DE PAGO, S.L. (BIZUM), available at https://bizum.es/terminos-y-condiciones/, or by the financing entity with which the USER has contracted the said service.
8.2. Payment by card
All payments made by credit or debit card will be made through the secure payment gateway contracted with the financing entity, which encrypts the card data. In order to make the payment system as secure as possible, SKYWAY TECHNOLOGY uses the secure payment systems of [FINANCIAL ENTITY]. In this regard, the confidential details of the payment are encrypted (SSL) and directly transmitted to the appropriate financial entity.
When payment is made through the payment gateway, the system will connect to the card issuing bank, requesting authorisation of the transaction through a personal code or other authentication systems. The transaction will only be made if the card issuing bank confirms the said authentication. Otherwise the transaction will be rejected.
In accordance with the provisions of the applicable legislation, when the amount of a purchase is fraudulently or improperly charged using the payment card number, then the USER as the cardholder will be entitled to demand a chargeback. In such event, the appropriate debit and credit entries in the account of SKYWAY TECHNOLOGY and that of the consumer and USER as the cardholder will be made as soon as possible.
However, if the purchase has actually been made by the USER as the cardholder and the chargeback demand is not the result of having exercised the right to withdraw, then the latter will be obliged to pay SKYWAY TECHNOLOGY compensation for the damage caused as a result of the said cancellation.
8.3. Payment through PAYPAL
When making a payment through PAYPAL, the USER will be redirected to the website of this entity, connecting to PAYPAL's secure server using the SSL (Secure Sockets Layer) protocol so that the data are also transmitted using encryption. For further information on the payment security offered by PAYPAL, you are advised to access its website at the following address: https://www.paypal.es/es.
9. PRODUCT SHIPPING, DELIVERY TIMES AND COSTS
Products purchased by USERS through the ONLINE STORE will be sent by courier and will be delivered, as a general rule, to the address provided by the USER. SKYWAY TECHNOLOGY accepts no liability for delays or the non-delivery of products caused by an incorrect or incomplete delivery address provided by the USER.
Products will be delivered within the working hours of the courier company. Should the USER not be home at the time of delivery, then they should contact the said courier company in order to agree on a new delivery date and time. SKYWAY TECHNOLOGY accepts no liability for any delays that may occur due to the USER being absent at the time of delivery. Therefore, to prevent problems of this nature, we would advise USERS to provide a delivery address where they will be available to receive their order.
For security reasons, SKYWAY TECHNOLOGY will not delivery order to PO boxes, and neither will it accept any orders where it is not possible to identify the recipient's identity and address.
Delivery times for orders will vary according to the delivery address and always based on business days (thereby excluding Saturdays, Sundays and national holidays as well as local holidays in Vitoria-Alava-Spain).
Should the USER be absent at the time of delivery, then any additional charges, if any, resulting from further attempts to deliver and/or re-send the product shall be for the USER's account.
In order make it possible for the USER to track their order, on completion of the purchase process the USER will be sent an email with a link and additional information that will allow the USER to access information on the order and its status.
It shall be understood that the liability for the items is transferred to the USER at the time of delivery of the order.
Once the USER receives the products purchased in the ONLINE STORE, they must check that the items tally with the order, that they are in perfect condition and that they have not been damaged in transit.
If the products received do not tally with those purchased, then the USER must report this to SKYWAY TECHNOLOGY through the ways indicated in Clause 12.2 of the GENERAL TERMS AND CONDITIONS. Any products received in error will be collected and the correct items will be sent, at no cost to the USER.
The USER will be informed of any delivery charges that are applicable to each order prior to the completion of the purchase.
10. DISCOUNT CODES
Promotional codes may be used in accordance with the terms and conditions published for each promotion. Only one discount may be applied to the purchase of one item, or one discount per order during the period indicated on the promotional code.
Promotional codes may only be used in the ONLINE STORE.
11. WARRANTY
The products sold through the ONLINE STORE are subject to the legally established warranties.
In this regard and pursuant to the provisions of the applicable Consumer and User legislation, products are understood to comply with the contract whenever all the requirements set out below are met, unless, due to particular circumstances, some of these requirements are not applicable:
The products tally with the description and have the qualities that we have specified through the ONLINE STORE.
The products are fit for their normally intended purpose.
The products are of the quality and have the features that the USER may reasonably expect of a product of the same type, taking account of the nature of the product and, where appropriate, any public declarations that we may have made in the ONLINE STORE on the specific characteristics of the products.
Accordingly, if a product does not conform to the product description and to the GENERAL TERMS AND CONDITIONS, the USER may notify SKYWAY TECHNOLOGY in the way indicated in Clause 12.2 of the GENERAL TERMS AND CONDITIONS.
12. RIGHT OF WITHDRAWAL, DEFECTIVE PRODUCTS AND REPLACEMENTS
12.1. Right of withdrawal 5
Any consumer and user has the right to withdraw from, or to cancel the contract entered into, by notifying the other contracting party within the period specified for the exercise of this right, with no need to justify their decision and without any kind of penalty. In short, the USER has the right to return the order with no need for justification.
The USER will have a period of 14 calendar days as of receipt of the order to exercise the right of withdrawal, in order words to return the product purchased. For this purpose, the date marking the start of this period will be that recorded on the delivery note.
Notwithstanding this, and pursuant to the provisions of the applicable Consumer and User legislation, for reasons of health and hygiene protection, the right to withdrawal will not be applicable to certain products (e.g. animal feeds) when the said products have been unsealed after delivery.
The exercise of the right to withdrawal will not entail any costs to the USER, apart from the costs of returning the products, which must be borne by the USER.
In order to exercise the right to withdrawal and to return an article, the USER must send an email to info@skwairsoft.com indicating the number of the delivery note for the order as well as the item(s) they wish to return. For this purpose, the USER may use the model withdrawal form attached as an Annex to the GENERAL TERMS AND CONDITIONS, although it is not mandatory to do so.
SKYWAY TECHNOLOGY will send an email confirming receipt of their request and asking the USER to return the item as established in Clause 12.4 of the GENERAL TERMS AND CONDITIONS.
Following receipt, SKYWAY TECHNOLOGY will inspect the product and, if there is no damage caused by the USER, then the former will refund the latter the amount paid. The said refund will be made within a maximum period of 14 calendar days as of the date on which the USER notified the decision to withdraw. The shipping costs for the return of the products shall be borne by the USER.
If (i) the returned product shows any signs of damage or deterioration that is attributable to the USER and resulting from any handling other than that required to establish the nature, characteristics or functioning of the product; or if (ii) the product is returned incomplete, then the USER shall be responsible for the decrease in the product value which, as the case may be, may make it impossible to return the amount paid. In such cases, the USER will be informed of the said situation by email, offering the USER the option of either withdrawing the product or returning it freight collect, within a maximum period of 15 calendar days.
In any case, SKYWAY TECHNOLOGY will assume no liability whatsoever for the custody or storage of the item made available to the USER for withdrawal for the time in which the said product remains at its facilities.
12.2. Defective products 6
Should the product not conform to the contract or have imperfections or defects, then the USER may request the repair or replacement of the product, unless one of these options is manifestly impossible or disproportionate. The USER will incur no costs for the repair or replacement of the product, including shipping costs and, where applicable, the costs relating to the labour and materials required for this purpose.
If a product does not conform to the contract and/or has imperfections or defects, then the USER must notify SKYWAY TECHNOLOGY as soon as possible by sending an email to info@skwairsoft.com indicating the number of the order delivery note, the item(s) they wish to return and whether they would like a repair or replacement.
In response to this notification, SKYWAY TECHNOLOGY will email the USER to resolve the incident, asking them to return the item as established in Clause 12.4 of the GENERAL TERMS AND CONDITIONS.
Once SKYWAY TECHNOLOGY has received the returned item, this will be inspected carefully and the USER will be notified by email, within a maximum period of 10 business days, with regard to whether or not the said item is to be repaired or replaced (as requested). In the case of repair or replacement, this will take place as soon as possible.
Whenever a repair or replacement is not possible, the USER will have the right to choose between the cancellation of the contract or a discount on the price.
12.3. Exchanges 7
Without prejudice to the right to withdrawal and the provisions relating to defective products detailed in Clauses 12.1 and 12.2 above, once an order has been accepted, no cancellations or modifications of the order will be accepted or any other request to exchange or return products.
12.4. Shipments to SKYWAY TECHNOLOGY
In those cases in which, pursuant to the provisions of Clauses 12.1, 12.2 and 12.3 above, a product must be returned to SKYWAY TECHNOLOGY, then this should be sent to the postal address indicated in Clause 2 of the GENERAL TERMS AND CONDITIONS.
13. SUGGESTIONS, COMPLAINTS AND CLAIMS
USERS of the ONLINE STORE can send their suggestions, complaints and claims by email to info@skwairsoft.comor to the postal address and/or telephone number indicated in Clause 2 of the GENERAL TERMS AND CONDITIONS.
14. LEGAL NOTICE, PRIVACY POLICY AND DATA PROTECTION
SKYWAY TECHNOLOGY hereby informs USERS that the acceptance of these GENERAL TERMS AND CONDITIONS also implies the acceptance of the terms and conditions set out in the legal notice and privacy policy available on the ONLINE STORE website.
Notwithstanding this, USERS are informed that the personal data provided when completing the purchase will be processed by SKYWAY TECHNOLOGY, as the Data Controller, for the purposes of maintaining, implementing, fulfilling and managing the contractual relationship with the USER, as well as for the management and shipping of the order or purchase made and any other services requested. The aforementioned data processing has its legal grounds in the execution of the contract entered into between the USER and SKYWAY TECHNOLOGY.
The personal data that are subject to processing will be held for the duration of the contractual relationship with the USER, as well as for any additional time necessary in order to comply with the legal obligations that must be met by SKYWAY TECHNOLOGY.
Apart from those cases in which SKYWAY TECHNOLOGY is legally obliged to do so (e.g. Tax Authorities, Administration of Justice or other Public Administrations), the USER's data will not be disclosed to third parties. Neither are their provisions for making international transfers of personal data.
Furthermore, should the USER provide third party data during the purchasing process, then the USER declares that they have the express consent of the said third party for the said provision of data.
The applicable data protection legislation grants the USER a series of rights relating to their personal data (the right to access their data, to request the correction or erasure of their data, to request restriction of processing and data portability and to object to the processing of their data). The USER may exercise their rights against SKYWAY TECHNOLOGY through a written request to the following email: privacidad@evia.com.
Likewise, SKYWAY TECHNOLOGY has appointed a Data Protection Office (DPO) who can be contacted through email: privacidad@evia.com.
Additional detailed information on Data Protection can be found at the following URL address: https://www.skwairsoft.com/content/politica-de-privacidad.
15. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF PURCHASE
Legislative amendments may require us to modify these GENERAL TERMS AND CONDITIONS. Therefore, SKYWAY TECHNOLOGY reserves the right to modify the information and terms of the said GENERAL TERMS AND CONDITIONS at any time. In any case, the said modifications will have no retroactive effect on products already purchased.
USERS are advised to read the applicable GENERAL TERMS AND CONDITIONS each time they access our ONLINE STORE and, in any case, whenever they wish to make a purchase, to ensure that they make an informed decision as to whether or not they wish to continue using and even purchasing from the ONLINE STORE.
In any case, the GENERAL TERMS AND CONDITIONS in force at the time of purchase will apply.
16. GOVERNING LAW
The business activity of the ONLINE STORE is subject to the applicable European and Spanish legislation in force with regard to e-commerce and personal data protection.
17. JURISDICTION AND DISPUTE RESOLUTION
Any disputes or conflicts arising between the USERS of the ONLINE STORE and SKYWAY TECHNOLOGY will be dealt with before the competent Courts and Tribunals in accordance with the provisions of the Spanish legislation on procedural matters.
Likewise, we would inform Users of their legal right to have recourse to the online dispute resolution platform of the European Union, accessible through the following link: http://ec.europa.eu/consumers/odr/.