Terms and Conditions
Purchase conditions of the website: www.abarcashoes.com
2. USE OF OUR WEBSITE
These Conditions are the only conditions applicable to the use of this website and replace any other, unless express prior written consent of the Seller. These Conditions are important both for you and for us since they have been designed to create a legally binding agreement between us protecting your rights as a customer and our rights as a company. You declare that, when placing your order, you have read and accept without reservation these Conditions.
You agree that:
· You can only make use of the website to make queries or legally valid orders.
· You can not make any speculative, false or fraudulent request. If we have reasonable grounds to consider that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.
· You are also obliged to provide us with certainty and correct 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 articles 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, United Kingdom (only Mainland), Ireland, Austria, Belgium, Holland, Luxembourg, Switzerland, Monaco, Denmark, Sweden and Norway.
4. HOW THE CONTRACT IS FORMALIZED
The present information and the details contained in this website do not constitute an offer of sale, but an invitation to do business. There will be no contract 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 will be refunded in full. To place an order, you must follow the online purchase procedure and click on "Authorize payment". After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Keep in mind that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy 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 be formalized only when we send you the Confirmation of Shipment. Only those products related to the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other product that may have been the subject of an order until we confirm the shipment of the same in an independent Shipping Confirmation. The contract for the purchase of a product between us (Contract) will be formalized only when we send you the Confirmation of Shipment. Only those products related to the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other product that may have been the subject of an order until we confirm the shipment of the same in an independent Shipping Confirmation. The contract for the purchase of a product between us (Contract) will be formalized only when we send you the Confirmation of Shipment. Only those products related to the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any other product that may have been the subject of an order until we confirm the shipment of the same in an independent Shipping Confirmation.
5. AVAILABILITY OF THE PRODUCTS
All product orders are subject to their availability and, in this sense, if there are difficulties in their supply, or if there are no items in stock, we reserve the right to provide information about quality substitute products and equal or greater value that You can order. If you do not wish to place an order for these substitute products, we will reimburse you for any amount that 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 thereof. Although we will do everything possible to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after sending 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 any third party for removing any product from this website, regardless of whether or not the 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 the order confirmation.
7. RIGHT TO DISCONTINUE PURCHASE
If you are hiring as a consumer, you may withdraw from the Contract at any time within 7 days of the confirmation of delivery of your order. In this case, you will be reimbursed the price paid for such products in accordance with our Return 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 should also include all instructions, documents and packaging of the products. No refund will be made if the product has been used or if it has been damaged, so you should be careful with the product (s) while it is in your possession. Please treat the products with reasonable care while they are in your possession and save, if possible, the original boxes and wrappings for the return case. You will find more details on this right recognized by law, as well as the explanation on how to exercise it in clause 13 of these Conditions, and a summary thereof when you receive the Confirmation of Submission. This provision does not affect the rights recognized to the consumer by current legislation.
Without prejudice to the provisions of Clause 5 above and unless extraordinary circumstances occur, we will try to send the order of the related product (s) in the Shipment Confirmation before the delivery date indicated in the Shipment Confirmation or , if no delivery date is specified, within 15 days from the date of the Confirmation of shipment. The delay may be due to the following reasons:
· Personalization of the products.
· Specialized articles.
· Unforeseen circumstances
· Delivery area.
If for some reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. Please note 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 taken place or that the product / s have been "delivered" in the time to sign the receipt of them at the agreed delivery address.
9. DELIVERY IMPOSSIBILITY
If it is impossible after two attempts, 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 collect it. If you are not going to be at the place of delivery at the agreed time, we kindly ask you to contact us to arrange delivery on another day.
10. TRANSMISSION OF RISK AND PROPERTY
The risks of the Products will be at your charge from the moment of delivery.
You will acquire the ownership of the products when we receive the full payment of all the amounts owed in relation to them, including the shipping costs, or at the time of delivery (according to the definition contained 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 all times on our website, except in case of manifest error. Although we try to make sure that all prices listed on the page are correct, errors may 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 to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered canceled and you will be reimbursed in full for the amounts that have been paid.
We will not be obliged to supply the product (s) at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the error in the price is obvious and unambiguous and could reasonably have been recognized by you as an incorrect price. Prices on the website include VAT and Shipping Costs.
Prices may change at any time, but (except as stated above) the possible changes will not affect the orders with respect to which we have already sent a Confirmation of Shipment.
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 button "Process Order".
· 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 will have to be sent.
· Enter your credit card information.
· 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 information 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. The charge on your card will be made at the time your order leaves our stores. 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,
12. TAX ON ADDED VALUE
In accordance with the regulations in force, all purchases made through the website will be subject to Value Added Tax (VAT), except those that are 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 28 November 2006 on the common VAT system, deliveries shall be deemed to be located in the Member State included in the address of delivery of the articles, the applicable VAT being the legally valid rate in each Member State of the destination of the articles that has been consigned in each order. According to the regulations applicable in each jurisdiction, in deliveries of goods made in certain member countries of the European Union to a business or professional recipient, the rule of "investment of taxpayer" (article 194 of Directive 2006/112) that would imply the non-impact of VAT by SMART SHOPPING SL, without prejudice to the obligation of the recipient to self-pass on the tax accrued in the operation. In the orders destined to 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 taxes and duties in accordance with current regulations. each one of them.
13. CHANGE / RETURN POLICY
Returns in exercise of the right to desist from the purchase. General policy: if you wish to withdraw from the Contract within the term indicated in clause 7 above, you may return the goods 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 pickup at your home. Only if it is a return by defect in the product this will be free, otherwise to be a refund on your part will be charged a fee of € 10 in concept of sending and resending. You will be responsible for the cost of returning the products to us, in the case that you can not do it through the free option we offer you. Please, take into account that if you decide to return the items to us due postage we will be authorized to charge you the expenses that we may incur. If you have any questions, you can contact us through our contact form or by calling 968 833 830. Please return the item using or including its original packaging in addition to the instructions, documentation and packaging that may accompany the same. After examining the article we will inform you if you have the right to the refund of the amounts paid. The refund will be made as soon as possible and, in any case, within 30 days from the date you notified us of your intention to withdraw. The refund will be made in the same means of payment that was used to pay for the purchase. There will be no change or return of those products that are not in the same conditions in which they were received, or that have been used beyond the mere opening of the product. Changes can only be made for the same article in different size or color.
Returns of defective products In the cases in which you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately by means of our contact form providing the information of the product as well as the damage suffered, or by calling the phone number 868 051 979 where we will indicate the procedure. You can return the product by delivering it at your home to a courier we will send. We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable time if it is appropriate to return or replace it (if applicable). The return or replacement of the article will be made as soon as possible and, in any case, within 30 days after the date on which we send you an email confirming that the return or replacement of the non-conforming item is appropriate. The amounts paid for those products that are returned because of some defect or defect, when it actually exists, will be reimbursed in full, including delivery costs incurred to deliver the item. The refund will be made in the same means of payment that was used to pay for the purchase. The rights recognized by current legislation are safe. including the delivery costs incurred to deliver the item. The refund will be made in the same means of payment that was used to pay for the purchase. The rights recognized by current legislation are safe. including the delivery costs incurred to deliver the item. The refund will be made in the same means of payment that was used to pay for the purchase. The rights recognized by current legislation are safe.
14. RESPONSIBILITY AND LIABILITY EXEMPTION
Our responsibility in relation to any Product purchased on our website will be strictly limited to the purchase price of said Product. Nothing in these Conditions of Purchase excludes or limits in any way our liability:
· In case of death or personal injury caused by our negligence;
· In case of fraud or fraudulent falsehood; or
· In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that occur as a side effect of the losses or losses. major damages, which occur in any way, and are caused by civil wrong (including negligence), breach of contract or others, even if they could have been foreseen, including without limitation the following:
· Loss of income or sales;
· Loss of business;
· Lost 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 the information transmitted or obtained through this website unless it is established expressly the opposite in it. All descriptions of products, information and materials that appear on this website are provided "in the state in which they are found" and without express, implied or derived warranties in any other way. To the extent possible, as permitted by law, we exclude all warranties by safeguarding those warranties that can not be legitimately excluded from consumers. The provisions of this clause will not affect your rights recognized by law as a consumer,
15. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, registered trademark and other intellectual property rights over the materials or content provided as part of the web page correspond to us or to those who granted us a license for its use at all times. You may make use of such material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact information.
16. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most communications with us are electronic. We will contact you by email or we will 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, notifications, 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.
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 communications either to the e-mail or to the postal address provided by you at the time of placing an order. It will be understood that notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after sending an email, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was duly delivered in the post office or in a mailbox and,
18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding both for you and for us, as well as for our respective successors, assignees and assignees. 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 may transfer, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations deriving from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that you have as consumers recognized by law or will annul,
19. EVENTS OUTSIDE OF OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, whose cause is due to events that are beyond our reasonable control ("Force Majeure"). 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, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or war preparations.
· Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
· Impossibility of the use of trains, boats, airplanes, 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 of compliance under any Contract will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill our obligation during that period. We will use all reasonable means to end the Cause of Force Majeure or to find a solution through which we can fulfill our obligations under the Contract despite the Cause of Force Majeure.
If, during the term of a Contract, we cease to insist on strict compliance with any of the obligations assumed under it or any of these Conditions, or if we fail to exercise any of the rights or resources that we are entitled to exercise or To interpose by virtue of said Contract or these Conditions, such fact shall not constitute a waiver of said rights or remedies nor shall it exempt you from complying with such obligations. The waivers we make to demand compliance will not constitute a waiver on our part to demand further compliance. No waiver by us of any of these Conditions will take effect,
If any of these Conditions or any provision of a Contract were considered invalid, illegal or unenforceable to any extent by the competent authority, will be separated from the remaining conditions and provisions that will remain valid to the extent permitted by law.
22. INTEGRITY OF THE CONTRACT
These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the object of the Contract and supersede 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 may be inferred from any statement or writing in the negotiations conducted by the two before said Contract, except as expressly provided. mentioned in these Conditions. Neither you nor we will have resources against any uncertain statement made by the other party, verbal or written,
23. OUR RIGHT TO MODIFY THESE CONDITIONS
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 should make changes to those policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that you had previously made.
24. APPLICABLE LEGISLATION AND JURISDICTION
Contracts for the purchase of products through our site will be governed by Spanish legislation. Any controversy arising or related to said contracts will be subject to the non-exclusive jurisdiction of the courts of the province of Murcia, Spain. If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized 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.
VISIONA WEB & DESIGN, SLU
Registered in the Mercantile Registry of Valencia. Volume 9493- Book 6775- Folio 6775- Section 08- Page: V-149285, Inscription 1st. CIF: B98441439