Website Purchase Conditions: www.abarcashoes.com

1. INTRODUCTION

This document contains the Conditions that regulate the use of this website and the contract that binds us both - You and us - (hereinafter the "Conditions"). These Conditions establish the rights and obligations of all users (hereinafter "You"/"your") and those of ABARCASHOES.COM (hereinafter "we" / "our" / "the Seller") in relation to the products/ services that we offer through this website or any other web page to which we can be redirected through a link. We ask you to read these Conditions and our Privacy Statement carefully before clicking on the "Authorize payment" button to place the order. By using this website or placing an order through it, you agree to be bound by these Conditions and by our Privacy Statement, therefore, if you do not agree with all the Conditions and the Privacy Statement, you will not must make any order. These Conditions could be modified, so you should read them before placing each order. If you have any questions related to the purchase conditions or the privacy policy, you can consult our website or contact us through our contact form. SMART SHOPPING SL, which operates under the name Amur Calzados SL – CIF B-05401401 – address Cl Mayor, no. 273-30006 Murcia.

2. USE OF OUR WEBSITE

These Conditions are the only conditions applicable to the use of this website and replace any other, except with the express prior written consent of the Seller. These Terms are important to both you and us as they are designed to create a legally binding agreement between us protecting your rights as a customer and our rights as a business. You declare that, by placing your order, you have read and unreservedly accept these Conditions.
You agree that:

· You may only use the website to make legally valid inquiries or orders.
· You may not place any speculative, false or fraudulent order. If we have reasonable grounds to believe that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
· You also agree to provide us with a certain and correct way your email address, postal address and/or other contact information and consent that we may use this information to contact you if necessary (see our Declaration of Privacy).
· If you do not provide us with all the information we need, we will not be able to process your order.
· By placing an order through this website, you guarantee that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.

3. AVAILABILITY OF THE SERVICE

The items offered through this website will only be available in the following Countries: Germany (except the island of Helgoland and the city of Büsingen), Spain, France (except the Overseas Departments), Italy (except San Marino, Liviano, Campione d'Italia and the waters of Lake Lugano), Portugal, the United Kingdom (Mainland only), Ireland, Austria, Belgium, the Netherlands, Luxembourg, Switzerland, Monaco, Denmark, Sweden and Norway.

4. HOW THE CONTRACT IS FORMALIZED

This information and details contained on this website do not constitute an offer to sell, but rather an invitation to do business. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount thereof will be refunded in full. To place an order, you must follow the online purchase procedure and click on "Authorize payment". Following this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance and we will confirm such acceptance by sending you an email confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between us (Contract) will only be formalized when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other products that may have been ordered until we confirm their shipment in a separate Shipping Confirmation.

5. AVAILABILITY OF PRODUCTS

All product orders are subject to their availability and, in this sense, if there are difficulties regarding their supply, or if there are no items left in stock, we reserve the right to provide you with information about quality substitute products. and equal or higher value that you can order. If you do not wish to order such substitute products, we will refund any amount you may have paid.

6. REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any Product from this website at any time and/or to remove or modify any material or content on this website. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion. We will not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation.

7. RIGHT TO WITHDRAW FROM THE PURCHASE

If you are contracting as a consumer, you may withdraw from the Contract at any time within a period of 7 days from the confirmation of shipment of your order. In this case, the price paid for such products will be refunded to you in accordance with our Returns Policy (see Clause 13). Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them. It must also include all the instructions, documents and packaging of the products. No refund will be made if the product has been used or if it has suffered any damage, so you must be careful with the product / s while they are in your possession. Please treat the products with reasonable care while in your possession and save the original boxes and packaging, if possible, in case of return. You will find more details about this right recognized by law, as well as the explanation on how to exercise it in clause 13 of these Conditions, and a summary of it when you receive the Shipping Confirmation. This provision does not affect the rights recognized to the consumer by current legislation.

8. DELIVERY

Without prejudice to what is established in Clause 5 above and unless extraordinary circumstances occur, we will try to send the order of the product(s) listed in the Shipping Confirmation before the delivery date that appears in the Shipping Confirmation or , if no delivery date is specified, within 15 days from the date of the Shipping Confirmation. The delay may be due to the following reasons:

· Product customization.
· Specialized articles.
· Unforeseen circumstances.
· Delivery area.
If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option of going ahead with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Keep in mind in any case that we do not deliver on Saturdays or Sundays. For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the product(s) have been "delivered" in the moment of signing the receipt of the same at the agreed delivery address.

9. NON-DELIVERY

If it is impossible for us after two attempts to make the delivery, we will try to find a safe place to leave the package. We will leave you a note explaining where your package is and how to pick it up. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

10. TRANSMISSION OF RISK AND OWNERSHIP

The risks of the Products will be borne by you from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 8), if this took place at a later time.

11. PRICE AND PAYMENT

The price of the products will be the one stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and the amounts that have been paid will be fully refunded.

We will not be obliged to supply you with the product(s) at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the price error is obvious and unambiguous and could reasonably be recognized by you as an incorrect price. The prices on the website include VAT and Shipping Costs.

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Dispatch Confirmation.

Once you have made your purchases, all the items you want to buy will have been added to your basket and the next step will be to process the order and make the payment. To do it:

· Click on the “Shopping Cart” button at the top of the page.
· Click on the “View Cart” button.
· Click on the “Process Order” button.
· Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address to which the invoice should be sent.
· Enter your credit card details.
· Click on “Authorize Payment”. You can make the payment with Visa, Mastercard, American Express, Affinity Card and PayPal. To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your credit card to ensure there are sufficient funds to complete the transaction. Your card will be charged when your order leaves our warehouses. If your means of payment is PayPal, the charge will be made at the time we confirm the order. By clicking on "Authorize Payment" you are confirming that the credit card is yours. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with You.

12. VALUE ADDED TAX

In accordance with current regulations, all purchases made through the website will be subject to Value Added Tax (VAT), except those destined for the Canary Islands, Ceuta and Melilla. In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006, on the common VAT system, deliveries shall be understood to be located in the Member State that appears on the delivery address of the items, the applicable VAT being the rate legally in force in each Member State of the destination of the items that has been consigned in each order. In accordance with the regulations applicable in each jurisdiction, in the deliveries of goods made in certain member countries of the European Union to a business or professional recipient, the rule of "inversion of taxable person" could be applicable (article 194 of the 2006 Directive /112) which would imply the non-repercussion of VAT by SMART SHOPPING SL, without prejudice to the recipient's obligation to self-recharge the tax accrued in the operation. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries would be exempt from VAT by application of the provisions of article 146 of the aforementioned Directive, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations in each one of them.

13. EXCHANGE/RETURN POLICY

Returns in exercise of the right to withdraw from the purchase. General policy: if you wish to withdraw from the Contract within the period indicated in clause 7 above, you can return the merchandise to us by delivering it to a messenger/Courier that we will send to your address. You must deliver the merchandise in the same package in which you received it, following the instructions that you will find in the "RETURNS" section on our website. You must contact us through our return request so that we can arrange collection from your home. Only if it is a return by defect in the product, this will be free, otherwise, when it is a return on your part, a fee of €10 will be charged for shipping and reshipping. You will be responsible for the cost of returning the products to us, if you cannot do so using the free option we offer. Please note that if you decide to return the items to us postage due, we will be authorized to charge you for the costs that we may incur. If you have any questions, you can contact us through our contact form or by calling 868 051 979. Please return the item using or including its original packaging as well as the instructions, documentation and packaging that may accompany the item. same. After examining the article, we will notify you if you are entitled to a refund of the amounts paid. The return will be made as soon as possible and, in any case, within a period of 30 days from the date on which you notified us of your intention to withdraw. The return will be made in the same means of payment that was used to pay for the purchase. The exchange or return of those products that are not in the same conditions in which you received them, or that have been used beyond the mere opening of the product, will not proceed. Changes can only be made for the same item in a different size or color.
Returns of defective products In cases where you consider that at the time of delivery the product does not conform to the provisions of the Contract, you must contact us immediately through our contact form providing the details of the product as well as the damage it suffers, or by calling the number 663 839 409 where we will indicate how to proceed. You can return the product by delivering it to your home to a courier that we will send. We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if it is appropriate to return or replace it (if applicable). The item will be returned or replaced as soon as possible and, in any case, within 30 days from the date on which we send you an email confirming that the non-conforming item is returned or replaced. The amounts paid for those products that are returned due to a defect or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item. The return will be made in the same means of payment that was used to pay for the purchase. The rights recognized by current legislation are protected.

14. LIABILITY AND EXECUTION OF LIABILITY

Our liability in connection with any Product purchased on our website shall be strictly limited to the purchase price of such Product. Nothing in these Purchase Conditions excludes or limits in any way our responsibility:

· In the event of death or personal injury caused by our negligence;
· In case of fraud or fraudulent misrepresentation; either
· In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we will not accept any liability for consequential damages that occur as a secondary effect of loss or Principal damages, however caused, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable, including but not limited to:

· loss of income or sales;
· loss of business;
loss of profit or loss of contracts
· loss of anticipated savings;
· data loss; and
Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise stated. expressly otherwise in it. All product descriptions, information and materials on this website are provided "as is" and without express, implied or otherwise derived warranties. To the extent possible as permitted by law, we exclude all warranties, excepting those warranties that cannot legitimately be excluded vis-à-vis consumers. The provisions of this clause will not affect your rights recognized by law as a consumer, nor your right to withdraw from the Contract.

15. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who granted us a license for its use. You may use said material only in the manner expressly authorized by us or by those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

16. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

17. NOTICES

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 16 and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered to the post office or to a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement between You and us is binding on both You and us, as well as our respective successors, assigns and assigns. You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent. We can transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that you have as consumers recognized by law or will annul, reduce or limit in any other way the guarantees, both express and implied, that we could have granted you.

19. EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure to perform or delay in performance of any of our obligations under a Contract caused by events beyond our reasonable control (“Force Majeure Event”). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and will include in particular (without limitation) the following:

· Strikes, lockouts or other industrial action.
· Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparations for war.
· Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
· Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
· Inability to use public or private telecommunication systems.
· Acts, decrees, legislation, regulations or restrictions of other governments.
· Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport.
It will be understood that our obligation to comply under any Contract will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill our obligation for the duration of such period. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution by which we can perform our obligations under the Contract despite the Force Majeure Event.

20. WAIVER

If, during the term of a Contract, we stop insisting on strict compliance with any of the obligations assumed by virtue of it or any of these Conditions, or if we stop exercising any of the rights or resources that we are empowered to exercise or file by virtue of said Contract or these Conditions, said fact will not constitute a waiver of said rights or remedies nor will it exonerate you from complying with such obligations. Waivers by us of performance shall not constitute a waiver by us of further performance. No waiver by us of any of these Conditions will take effect, unless it is expressly stipulated that it is a waiver and it is communicated to you in writing in accordance with the provisions of the previous section of Notifications.

21. SEVERABILITY

If any of these Conditions or any provision of a Contract were considered invalid, illegal or unenforceable to any extent by the competent authority, they will be separated from the remaining conditions and provisions that will continue to be valid to the extent permitted by law.

22. ENTIRE CONTRACT

These Conditions and any document to which express reference is made in them constitute the entire existing agreement between You and us in relation to the object of the Contract and replace any other agreement, agreement or previous promise agreed between You and us verbally or by written. You and we acknowledge having agreed to enter into this Agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two prior to said Agreement, except as expressly stated mentioned in these Conditions. Neither you nor we will have any remedies against any untrue statement made by the other party, verbal or written, prior to the date of the Contract (unless such untrue statement was fraudulently made) and the only recourse available to the another part will be for breach of contract in accordance with the provisions of these Conditions.

23. OUR RIGHT TO MODIFY THESE TERMS

We have the right to review and modify these Conditions at any time. You will be subject to the policies and Conditions in force at the time you place each order, unless by law or decision of government agencies we must make changes to said policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that you have previously made.

24. APPLICABLE LAW AND JURISDICTION

Contracts for the purchase of products through our site will be governed by Spanish law. Any controversy that arises or is related to said contracts will be submitted to the non-exclusive jurisdiction of the courts and tribunals of the province of Murcia, Spain. If you are contracting as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.

25. COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.