GENERAL TERMS OF CONTRACTING - PRODUCTS

 

Information prior to the contractual process

This website https://pitaya.yoga is owned by PITAYA YOGA SL with Tax Identification Number B44993145 and registered address at TRAVESSERA DE GRÀCIA 117 B, 08012. BARCELONA.

These General Terms of Contracting regulate the distance sale relationship between PITAYA YOGA SL and the user or customer, in accordance with current legal provisions, in particular, Law 7/1998, of 13 April, concerning General Terms of Contracting, Law 3/2014, of 27 March, amending the revised text of the General Law for the Protection of Consumers and Users, Basic Law 3/2018, of 5 December, concerning the Protection of Personal Data and Guaranteeing Digital Rights, the General Data Protection Regulation (EU) 2016/679, Law 7/1996, of 15 January, concerning the Regulation of Retail Trade, and Law 34/2002, of 11 July, concerning Information Society and Electronic Commerce Services.

PITAYA YOGA SL reserves the right to make the modifications it considers appropriate, without prior notice, to these General Terms. These modifications may be made, through its websites, using any method permitted by Law, and will be enforceable during the time they are published on the website, until they are validly modified by other subsequent modifications. However, PITAYA YOGA SL reserves the right to apply, in certain cases, certain Special Terms of Contracting in preference to these General Terms when it considers this appropriate, giving due notice thereof in proper form.

The website's purpose is Marketing of clothing and accessories.

The contract's duration will be linked to delivery of the product, without prejudice to the right of withdrawal.

As user or customer, you expressly declare that you know, understand and accept the terms of use and these general terms of contracting. Furthermore, you declare that you are of legal age and have the legal capacity to act required to access PITAYA YOGA SL's websites and contract through said websites.

The European Commission provides an online dispute resolution platform, that is available at the following link:

https://ec.europa.eu/consumers/odr/

If you wish to purchase our products, you can go to the appropriate section of our online store.

You can register as user of the website in order to make the purchase online in the appropriate section of the website. Pursuant to current applicable legislation on data protection, PITAYA YOGA SL informs you that the personal data collected during the registration process and subsequent purchase will be included in the processing system owned by PITAYA YOGA SL, with the purpose of processing your actions and managing subsequent actions derived therefrom.

Your data will be kept for the time strictly necessary to fulfill the above purpose, unless other storage periods are legally required.

We inform you that the legal basis for processing your data is the correct performance of the contract between the parties and your consent.

In accordance with the rights conferred by current data protection legislation, you may exercise the rights of access, rectification, restriction of processing, erasure, portability and objection to processing of your personal data, and also withdraw your consent to such processing, sending your request to the postal address given above or the e-mail address support@pitaya.yoga. You may also contact the appropriate Supervisory Authority to lodge any complaint you consider appropriate.

Upon completing the purchase process, you will receive confirmation of the purchase by e-mail. You must give a valid e-mail address during the purchase process. If you do not receive confirmation within 24 hours after completing your order, please contact PITAYA YOGA SL by e-mail at support@pitaya.yoga.

All of the website's contents is in English.

 

Offer and validity

In the case of a product on offer, the offer's price and validity will always be stated together with its basic features.

In compliance with current regulations, PITAYA YOGA SL provides information on all the items for sale, including their features and prices. However, PITAYA YOGA SL reserves the right to withdraw, replace or change the products offered through its website, by simply changing the website's content. Thus, the products offered at any time by the website will be governed by the General Terms of Contracting in force in each case. Furthermore, the company will have the power to cease offering access to the products mentioned, at any time and without prior notice.

Basic features of the products

The products offered in our online store include a photograph and the products' basic features, which is the information provided by the manufacturer. The product's color, as shown in the photograph, is not binding. It could be little changes due to manufacture.

Warranties

All products offered on the website are covered by the supplier's sales warranty. PITAYA YOGA SL offers an after-sale service that customers can use during the warranty period by contacting by e-mail sent to support@pitaya.yoga.

 

 

 

Delivery and carriage costs

Delivery and carriage costs are defined in the checkout depending on the country to which it is delivered. In some In some periods of time, offers may be produced that include free shipping from a certain purchase amount.

Forms of payment

You can pay for your order in any of the following ways. You must indicate which one you choose during the purchase process:

- VISA or MASTERCARD credit card

All operations involving the transmission of personal or banking data are carried out using a secure environment in a server based on the standard security technology SSL (Secure Sockets Layer). All of the information you send us is encrypted for transit through the Web.

Furthermore, your credit card information is entered directly into the bank's website, at the bank's POS (Point of Sale Terminal) and is not entered or recorded in any PITAYA YOGA SL server.

Furthermore, your credit card information is entered directly into the bank's website, at the Virtual POS (Redsys), and is not entered or recorded in any PITAYA YOGA SL server. When you pay, you will be connected directly to the Redsys electronic payment platform https://sis.redsys.es/sis/realizarPago.

You will find more information at the following link: http://www.redsys.com/

Furthermore, your credit card information is entered directly into the bank's website, at the Virtual POS (Stripe), and is not entered or recorded in any PITAYA YOGA SL server. When you pay, you will be connected directly to the Stripe electronic payment platform.

You will find more information at the following link: www.stripe.com

When paying by VISA or MASTERCARD, you will always be asked for the following information: the card number, the expiry date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD, which provides an additional guarantee for the transaction's security.

This form of payment is only valid on the website.

When the amount of a purchase has been charged fraudulently or improperly by using a payment card number, the cardholder can demand immediate cancellation of the charge. In such cases, the corresponding debit and credit entries in the supplier's and cardholder's accounts will be made as soon as possible.

However, if the purchase was actually made by the cardholder and the demand for a refund was not a consequence of having exercised the right of withdrawal and, therefore, the cardholder had unduly demanded cancellation of the charge, the cardholder will be liable to PITAYA YOGA SL for compensation for damages caused as a result of the cancellation.

 

Any exchange fees and bank charges are to be paid by the customer. - Direct debit

If you are already a customer and this is not your first purchase, you can select this payment option and PITAYA YOGA SL will charge the amount to the account number that you have provided for this purpose.

 

- PayPal

This a safe, easy-to-use service for making payments over the Internet. The PayPal network uses the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. PayPal offers a service specially designed for those who are not satisfied with traditional payment mechanisms.

More information at PayPal. .http://www.paypal.com./ 

PITAYA YOGA SL undertakes to deliver the order in approximately:

- 48 hours in Spain

- 6 days in Europe

- 10 days for international destinations.

Availability of the products offered by PITAYA YOGA SL may vary depending on customer demand. Although PITAYA YOGA SL updates the stock periodically, the product requested by the customer may be out of stock at that time. Should it not be possible to supply the product due to unavailability, PITAYA YOGA SL will notify the customer by e-mail as soon as it becomes aware of this situation. In no case will the period for sending this notice exceed a maximum of 30 days. PITAYA YOGA SL may offer two options: supply a product having similar features or higher quality to the customer at the same price or, saving justified reasons that can be proven by PITAYA YOGA SL, refund the amounts paid for the cancelled order within the same period.

 

Returns

The customer must return or deliver the product directly to PITAYA YOGA SL through the return page, and in any case within a maximum period of thirty calendar days counting from the date of delivery. The period for making returns will be considered fulfilled if the customer returns the product before expiry of the period.

The customer will cover the costs of the return.

Refund of payment

The amounts paid by the customer will be refunded using the same form of payment used by the customer, unless it has been provided otherwise.

PITAYA YOGA SL will refund the amounts paid by the customer within 30 calendar days from the date of receipt of the right of withdrawal.

Return of faulty products

If the product is not in good condition for reasons not attributable to the customer, the customer will be entitled to return the product, notifying PITAYA YOGA SL of the reason for the return by any of the means provided in these terms of contracting, at no cost for the customer. Returns made because of faulty or spoiled products will not be considered an exercise of the right of withdrawal.

PITAYA YOGA SL undertakes to pay the cost of the return and to replace the product with a new one in accordance with the terms accepted at the time of sale.

If the customer wishes to file a complaint, the customer can send it to support@pitaya.yoga

Jurisdiction

Furthermore, PITAYA YOGA SL reserves the right to bring any civil or criminal actions that it deems appropriate for improper use of its website and content, or for non-fulfilment of these terms.

The relationship between user and provider will be governed by the regulations in force and applicable in Spain. In the event of any disagreement between the parties, they may submit their conflicts for arbitration or take them to the ordinary courts, in accordance with the applicable rules concerning jurisdiction. PITAYA YOGA SL is located in BARCELONA, Spain.

Mobile Terms of Service

PITAYA

Last updated: Nov. 22, 2024

The PITAYA mobile message service (the "Service") is operated by PITAYA (“PITAYA”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to PITAYA’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of PITAYA through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with PITAYA. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to PITAYA YOGA or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other PITAYA mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to PITAYA YOGA or email info@pitaya.yoga.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.