General Sales Conditions
1.- TERMS AND CONDITIONS.
In this document, users will find the Terms and Conditions ("Terms and Conditions") which will regulate the purchase or acquisition of the Products ("Products") which are made available to the same via the web site hosted at the URL http://www.zapatosdebaileflamenco.com ("Web", "Website" or "Site").
Scope and binding nature.These Terms and Conditions will be directly applicable to any order made by our users with the aim of purchasing the Products offered through our website.
For this reason, given their relevance, it is advisable that users read these Terms and Conditions carefully before undertaking any purchase, as they placing of an order implies the express and legal acceptance of the Terms and Conditions published and in force at any time.
Nonetheless, the Terms and Conditions will be at the disposal of the user at all times so that the latter may consult them whenever they wish, and in the case of orders, we shall send information directly to your email address.
The drafting of these Terms and Conditions has been performed whilst bearing in mind the applicable sectorial legislation and regulations on the protection of consumers and users, so that there are no restrictions, at any time, of rights acknowledged to the same by the Spanish legal system.
Modification.ZAPATOS PASARELA, S.L., reserves the right to modify these Terms and Conditions, for this reason it is advisable to review the most recent version published when placing an order, as this is the version that will be applied to your purchase.
At no time will the Terms and Conditions be deemed modified unless ZAPATOS PASARELA, S.L., states this expressly, in such a way that the conditions that users propose through any means of communication will not be legally binding, except following express and irrefutable confirmation on the part of ZAPATOS PASARELA, S.L.
- On-line sales contract.
The purchase of any product publicised or promoted on our website will require you entering into beforehand the relevant on-line sales contract which will involve the completion of the entire purchasing process.
- Parties in the sales contract.
The condition of seller will be held by the Spanish trading company ZAPATOS PASARELA, S.L., holder of Fiscal Identity Card numbered B-41940321 and whose address for notifications is given as Seville, calle Alfarería nº123, local A (41010-Seville).
People who fulfil the following requirements may acquire or purchase the Products offered on our website:Those persons aged 18 or over.
Those who are registered user of ZAPATOS PASARELA, S.L., having accepted the legal conditions for said condition. Should you not have registered when placing your first order, registration will be requested as an essential condition to complete said purchase.
Having completed the entire purchase process established by ZAPATOS PASARELA, S.L., on its website.
The buyer assumes the obligation and thus the responsibility to ensure the details provided during the registration process and the subsequent purchase are accurate and true, responding otherwise to damages caused to ZAPATOS PASARELA, S.L.
For this reason, no third party other than the registered user and buyer will be able to acquire any right based on these Terms and Conditions.
- Purpose of the sale.
Users will be able to acquire Products publicised or promoted on our web site, whenever there is sufficient stock of the same.
- Price.The purchase price will be that set when the product in question is selected and after having completed the purchase process in full.
Said price will include, expressly, as part of the purchase process, the VAT corresponding to the rate applicable at that moment, and, wherever applicable, the sipping costs.
Prices will be set, except when expressly stated otherwise, in the currency used in Spain at the moment the purchase is made.
ZAPATOS PASARELA, S.L., reserves the right to modify the price of its Products, with prices stated at the time the purchase is concluded being duly binding, nonetheless.
Notwithstanding the foregoing, should you wish to make a large order of a large number of pairs, we would be delighted to discuss the matter with you at ZAPATOS PASARELA, S.L., through the section "Contact Us ", by sending an email to email@example.com or by dialling 954 21 84 19 in order to handle your order personally.
- Means of payment.
Via credit card, using the Sistema CECA payment gateway.
Via bank deposit or transfer to the account held by ZAPATOS PASARELA, S.L.
Via Paypal (No additional cost is incurred by the customer).
Payment upon delivery. The customer pays the required amount to the transport agency that carries out the shipment.
As guarantee for the payment, and the personal financial details of our users, ZAPATOS PASARELA, S.L., will use the SSL secure payment system (Secure Socket Layer).
ZAPATOS PASARELA, S.L., reserves the right to require confirmation on payment information before shipping the Order.
- Confirmation of purchase.The finalisation of the purchase process, and with it, the issuance of the order shall constitute the moment following which it will be understood that the purchase contract has been concluded and after which ZAPATOS PASARELA, S.L., shall assume the obligation of sending the requested Products, following the reception of proof of the order.
Proof that the order has been placed, which will adopt the form of a confirmation email, will confirm the conclusion of the contract and the commencement of the shipping process, and will contain all the information regarding the Products purchased, the reference number for the order in our system and the legal conditions for the same.
Should the user not receive proof that the order has been placed (first check the SPAM folder for your email), the latter must contact our customer service department with the aim of resolving any existing incidents.
Following the acceptance of the order, ZAPATOS PASARELA, S.L., will issue an invoice, which will under no circumstances affect the obligation to make payment of the exact amount due on the purchase.
- Early cancellation of the order.Early cancellation on the part of ZAPATOS PASARELA, S.L.
ZAPATOS PASARELA, S.L., may cancel the purchase made by the user prior to shipping in any of the two following scenarios:
1. Should there be no availability of the product.- If amongst the Products in your order there is one that is out of stock or still undergoing manufacture, ZAPATOS PASARELA, S.L., will contact the user by any of the means established for the same during the registration process on our website in order to report the incident and find a solution to the same in swiftest and best manner possible.
In these cases, the user may opt for either the refund of the amount paid by the same means of payment used to acquire the goods or the selection of alternative products. Should the user not exercise the right to either of these within a period of 14 days, it will be understood that they have chosen the first option, that is, the refund.
2. Should there be insufficient financial funds.- In this case, ZAPATOS PASARELA, S.L., following confirmation from the financial institution handling payment that this has been refused due to lack of funds for the product that the user wishes to purchase.
Early cancellation on the part of the user.Early cancellation of an order may be performed by the user, whenever and always, following confirmation of the order and prior to the physical shipping of the purchased product, understanding as meaning physical shipping, the availability of the product for the courier company entrusted with its delivery.
In any case, said availability will be understood as carried out within a period of 48 hours following confirmation of the order.
Once notification has been given for early cancellation of the contract in compliance with the provisions of this section, ZAPATOS PASARELA, S.L., assumes the obligation to reimburse the amount paid beforehand by the user within a maximum period of 30 days following said cancelation, using the same means as the latter used to pay for the refund.
- Modification of the order.
Should the user have entered any incorrect information when placing the order, they may contact ZAPATOS PASARELA, S.L., at the address firstname.lastname@example.org to the physical shipping of the purchased product, in compliance with the provisions of the previous section.
- Delivery.Delivery period.
Delivery of the product will be provided by the courier firm hired by ZAPATOS PASARELA, S.L., within the timeframes established in the following LINK.
The timeframes established will refer to business days, counting from the day after the order was placed and confirmation of the same was received. Should the first or final date of the timeframe needed fall on a public holiday, the timeframe will be counted from the next working day.
The calendar established to determine business days and public holidays corresponds to the municipality and autonomous community where ZAPATOS PASARELA, S.L. has its registered business address
The product will be delivered to the address stated in the order.
Delivery time.Delivery will be made in accordance with the business timetable established in the order confirmation mail.
The exact moment of the delivery cannot be assured by ZAPATOS PASARELA, S.L., as this depends on the internal organisation of courier company in question. Nonetheless, the courier will make available to user a tracking number so that they can specify, insofar as is possible, said delivery time.
Should the user not be available at the time of delivery, they will be duly notified with the instructions corresponding to the resending of the product from the offices of the courier company.
Delays.ZAPATOS PASARELA, S.L., will inform users of any circumstances that might affect the date and time of the delivery.
Nonetheless, within the limits provided for under our legislation, ZAPATOS PASARELA, S.L., shall not be held liable for losses, additional costs or damages that might arise either on the part of the user or the courier firm’s conduct.
Delivery costs.Delivery costs will be established by ZAPATOS PASARELA, S.L., and will be stated, always and in all cases, in the purchase process for the Products, so that the user can bear these in mind before placing the order.
Likewise, the shipment will be made in standard packaging, in such a way that all types of packaging with special characteristics will incur an increase in shipping costs that will be borne by the user, of which the latter will be duly informed, whenever applicable, during the purchase process.
Effective delivery.When delivery is made, the user must verify that there are not faults, defects or evident signs of damage before signing the delivery form.
Once delivery has been made, the user will be held liable for any incident that might affect the product, in such a way that, from that moment on, ZAPATOS PASARELA, S.L., will assume no liability for the loss or destruction of the product.
Unjustified refusal to accept delivery.For those scenarios in which the user is tardy in delivery, in an unjustified manner or for a period of greater than 48 hours, ZAPATOS PASARELA, S.L., will be empowered to adopt the following measures:
Charge the user any additional cost that said delay might cause.
Rescind the contract, reimbursing the user with the difference between the amount effectively paid and the expenses that ZAPATOS PASARELA, S.L., might have incurred as a result of the user’s conduct.
Notwithstanding the foregoing provisions, in cases of early return on the part of the user, the latter may return the products purchased within a period of 15 calendar days from the delivery of the same.
Reasons for return.
The user will have the right to request, within the period set forth in the foregoing section, the return of the product, irrespective of the reasons or cause for the same.
Requirements for return.Essential requirements for the return of the product are those listed below:
- That the product is new, with no signs of usage, with the original box and labelling.
- That the product has not been tampered with.
- Still having the purchase invoice or receipt.
Should a user wish to return any product purchased from ZAPATOS PASARELA, S.L., they must make a request in writing for said return by any of the following methods:
Ordinary mail.- ZAPATOS PASARELA, S.L., calle Córdoba nº 9 (41004-Seville).
Once the notification has been received, ZAPATOS PASARELA, S.L., will send the user the precise indications to follow by email so that the return can be carried out, along with any costs associated with the same.
Costs involved in the return of goods will be borne by the user.
ZAPATOS PASARELA, S.L., assumes the obligation either to refund the amount paid beforehand by user within a maximum period of 30 days following said cancelation, using the same means as the latter used to pay for the refund, in compliance with the delivery periods mentioned beforehand, or for the sending of a new product chosen by the user.
- Defective product policy.
Defective products.ZAPATOS PASARELA, S.L., ensures the delivery of the purchased product in line with the amount chosen by the user, with the characteristics indicated in our web site, in accordance with the description outlined and in perfect conditions.
Notwithstanding this, should the user receive a defective product, they will have a series of rights to be able to claim a refund on the same in accordance with the indications set forth in the following sections.
Under no circumstances will the product be considered defective when the deterioration of the same is the result of its normal use by the user following delivery or when, having fulfilled the quality standards and conditions established by the manufacturer and published on our web site, the product does not suit the needs or the expectations of the user.
Notification on the part of the user on the defective nature of the product.
The user may inform us, within a period of two months from the date in which they were made aware of the defect (knowledge of this must take place, necessarily, within two years following purchase), on the defective nature of the product purchased by any of the following methods:
Ordinary mail:.- ZAPATOS PASARELA, S.L., calle Córdoba nº 9, (41004-Seville).
Procedure to accredit the defective nature of the product.
ZAPATOS PASARELA, S.L., will be empowered to request from the user, via email, additional information on the defective nature of the product.
User rights.After having accredited the defective nature of the product, ZAPATOS PASARELA, S.L., will be obliged to, within a period of two years from the moment of purchase, and the user will have the right, according to the nature of the product in question, to its repair, replacement, price reduction or resolution of the purchase issue.
All handling issues derived from the existence of defects to the purchased product will be free of charge to the user.
Should the user choose the repair, replacement or refund of the product, it is necessary that the product:
- Has not been used or handled improperly, in a negligent manner or contrary to the indications provided by the manufacturer.
- Has not been damaged during an attempt to repair the same.
Should the item not comply with the aforesaid requirements, ZAPATOS PASARELA, S.L., will have the right to dismiss the user’s request and may charge them any costs that might have been incurred.
- Exoneration of liability in cases of fortuitous events or force majeure.-
ZAPATOS PASARELA, S.L., will not be held liable for breaches or delays in compliance with its obligations for causes due to fortuitous events or force majeure.
- Modification, interpretation and integration of the Terms and Conditions.These Terms and Conditions will be preferentially applicable, with regard to their interpretation, application and implementation, and in the order in which they are listed, the clauses of the same, forming as a whole a combined and inseparable document, the general provisions of the legislation for consumer and user matters, and the regulations in place with regard to duties and contracts contained in the Civil Code.
Should any of the provisions in these Terms and Conditions be annulled or rendered ineffective as the result of a final judicial ruling, this shall have no bearing on the remainder of the clauses, which will remain in force, maintaining thus the general principle of the preservation of valid acts, with the purpose of maintaining the nature and spirit of the contract.
- Legislation and jurisdiction.-
These Terms and Conditions will be governed by Spanish legislation.
The parties submit themselves before the courts and tribunals of the residence of the user for the resolution of conflicts and disputes, expressly waiving any other jurisdiction that might correspond to then.