General Terms and Conditions

1. Introduction

This document (together with all the documents to which it refers) establishes the terms and conditions of use for this website (www.SHOESHOP.es) and the purchase of products on it (hereunder, the "Terms and Conditions").

Please read these Terms and Conditions, our Cookies Policy and our Privacy Policy (jointly, the "Data Protection Policies") carefully before using this website. By using this website or using it to place an order, you consent to abide by these Terms and Conditions and our Data Protection Policies. If you do not agree with all the Terms and Conditions and Data Protection Policies, you should not use this website.

If you have any questions about the Terms and Conditions or the Data Protection Policies you can contact us using our contact form. You may choose to formalise the contract in any of the languages in which the Terms and Conditions are available on this website.

2. Our details

Products are sold through this website under the name SHOESHOP by ACTIVE SHOPPING SUPPORT, S.L., a Spanish company with the business address Plaza Actor Cecilio Pineda, 8-3C, 30002 Murcia, registered in the Company Register of Murcia in Volume 2992, Section 9, Folio 154, Page MU-81493 and with Tax ID number B73812570, telephone number +34 968 253792 and email customercare@shoeshop.es

3. Your details and visiting this website

The personal information or data you provide about yourself will be processed as established in the Data Protection Policies. By using this website, you consent to said information and data being processed, and declare that all information or data you provide us is correct and true.

4. Use of our website

By using this website and placing orders on it, you agree to:

1. Use this website for legally valid consultations or orders only.

2. Not place any false or fraudulent orders. If we have reasonable grounds for considering a placed order to be of this kind, we shall have the right to cancel it and inform the relevant authorities.

3. Provide your email address, postal address and/or other contact information truthfully and correctly. You also consent to our using this information to contact you if necessary (see our Privacy Policy).

If you do not provide us will all the information we need, we will not be able to process your order. When placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.

5. Service avalability and validity of offers

The items on sale on our website are available until the end of stock.

SHOESHOP.ES undertakes to inform the customer by email that they have placed an order for an item not available. In case of debit or payment of an order whose article is not available due to stock breach, SHOESHOP.ES undertakes to propose a purchase check or refund to the customer within 15 days. The order is automatically canceled.

6. How to place an order

To place an order, the customer must create a customer account before making their first order.

The customer must fill in the following information: electronic address, marital status, name, surname, gender, date of birth, full delivery address, telephone number. It is important to note that the creation of the account will require a personal password and its use is strictly Confidential.

This validation supposes the acceptance of the present general conditions of sale of SHOESHOP.ES.

The customer who wishes to purchase an item visible at SHOESHOP.ES must follow the following process to place the order.

  1. Choose the size and color
  2. In the basket, check the order detail (color, quantity, size, price , etc.) with the possibility of modifying, adding and even suppressing certain articles.
  3. When you make your first order, fill in the account creation form with a password.
  4. If the customer benefits from a special offer, the code that has been assigned must place it in the box provided.
  5. Choose the method of payment, the type of delivery, the delivery address.
  6. After validating the payment method, the order is definitively and irrevocably confirmed with the effects indicated below. All validated orders have an obligation to pay.
  7. An order confirmation email is sent validating the final sale after the payment of the entire order amount (it is not an advance or part of the price). The products are reserved for 5 days.

 7. Product presentation

The products offered for sale are described and presented as accurately as possible. The Client must go to the descriptive of each product in order to know the essential properties and particularities. The Customer must be informed before placing the order. The choice and purchase of a Product is the sole responsibility of the Customer.

However, mistakes or omissions may occur regarding the presentation, and SHOESHOP.ES's liability commitment can not be compromised. The Customer is invited to inform SHOESHOP.ES of any major product error.

8. Technical means of correcting mistakes

If you see that an error was made in entering your personal information when registering as a user of this website, you can modify said information in the section “My Account”.

In any event, you can correct errors related to the personal data provided during the purchase process by contacting customer service at the phone number +34 968253792 or at the email address customercare@shoeshop.es, as well as exercise your right to correction set out in our Privacy Policy .

This website displays confirmation windows in several sections of the purchase process that do not allow you to continue with your order if the data in these sections was not provided correctly. Furthermore, SHOESHOP offers the details of all of the items you’ve added to your basket during the purchase process, so that you can modify your order before making the payment.

If you notice an error in your order after the payment has been processed, please contact customer service immediately at the telephone number or email address mentioned above, in order to correct the error.

9. Delivery

Unless there are circumstances arising from customisation of the products, or unexpected or extraordinary circumstances occur, we will send you the order consisting of the product or products listed in each Shipping Confirmation within the time indicated on the website for the selected delivery method,.

If, for some reason, we are not able to comply with the delivery date, we will inform you of such a circumstance and give you the option to continue with the purchase, establishing a new delivery date, or to cancel the order with a full refund of the price paid. Please note that we do not make home deliveries on Saturdays , Sundays or Holidays.

For the purposes of these Terms and Conditions, a “delivery” will be deemed completed or the order will be deemed “delivered” when you or a third party indicated by you acquires the material possession of the products, accredited with the signature of receipt of the order at the delivery address specified.

10. Unsuccessful deliveries

If we are unable to deliver your order to you, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. In this case, we will leave a note explaining where your order is and what to do to have it delivered again. If you are not going to be at the delivery location at the time of delivery, please contact us to arrange for the delivery to be made another day.

11. Transfer of risk and ownership

Product risks shall be your responsibility from the moment of delivery.

The transfer of ownership of products sold by SHOESHOP.ES and its associates for the benefit of the Client, will not be made until the full and regular payment of the amount of the order, regardless of the date of delivery. The reservation clause is not a guarantee as to the risk of loss or deterioration that the merchandise suffers from the Customer from its delivery to the home or its withdrawal in the office of the carrier.

12. Creating a client account

To place an order, the customer must create a customer account before making their first order. The customer must fill in the following information: electronic address, marital status, name, surname, gender, date of birth, full delivery address, telephone number. It is important to note that the creation of the account will require a personal password and its use is strictly confidential. It is forbidden to divulge this password to other people.

The client undertakes to place complete, accurate and truthful information. Any usurpation of identity or false identity will result in the definitive closure of the account and may lead to legal action. Any multiple registration, use of the client account by several people or other fraudulent actions can cause the registration to be canceled.

SHOESHOP.ES rejects all sales to persons under 18 years of age without the prior authorization of their parents or legal representatives, which will be systematically requested.

13. Price and payment

Prices are presented in Euros and include the corresponding taxes, excluding possible shipping.SHOESHOP.ES reserves the right to modify prices at any time but the items will be invoiced at the price in force at the time of placing the order.

We make every effort to ensure that the prices of the items on sale are correct, but mistakes can occur. In the event that we detect a manifest error in the price of one of the items that the customer has purchased, the order will be canceled as soon as possible and the full amount will be refunded. SHOESHOP.ES is not obliged to supply the product at the wrong lower price if the error in the price is obvious and unequivocal and could have been reasonably recognized as a wrong price.

An invoice will be provided by SHOESHOP.ES. The same can be downloaded from the client account, directly.

The prices of the products for the territories out of European Union (EU) are indicated without VAT. All orders placed on the page and sent to those territories may be subject to any additional taxes and customs fees that will be established once the shipment reaches its destination. These taxes or customs duties are borne by the customer and are your responsibility.

For Ceuta and Melilla and the Canary Islands, it should always contain the recipient N ° DNI / NIE.

SHOESHOP.ES is not obliged to verify or report on customs charges or applicable fees. When placing an order on the page, the Customer is considered an official importer and is obliged to respect all the laws and regulations of the country where the merchandise is received. Clients should be aware that cross-border deliveries may be subject to a review and inspection procedure by the customs authorities.

Payment

  1. Payment by bank card

The Customer provides the bank card number associated with the expiration date and security code.

The final validation of the order is done by clicking on "Confirm". To ensure payment, in some cases, payment confirmation is not made until a 3D- Secure transmitted by the bank to the customer. By selecting the memorize box, the Client accepts that the number of his bank card is registered in his account for future purchases.

The payment gateway has a secure authentication system, in order to offer holders SAFE PAYMENTS, in their online purchases.

  1. Payment by bank transfer (only for peninsular Spain and Balearic Islands)

On payment methods, select "bank transfer". We will send you an email with the bank details of SHOESHOP and a reminder of the amount to be paid of the order, with a unique number of transaction to be specified to the bank when the transfer is made. The order will be prepared once we have received the bank transfer (they are approximately 5 working days, depending on inter-bank deadlines). If we have not received the payment by transfer within 5 days, we will proceed to cancel the order.

  1. Paypal

All owners of a Paypal account, the payment will be made online, through said account, simply indicating the electronic address and Paypal password.

In addition, the financial information of the Client is not communicated in any case to SHOESHOP.ES, PayPal encrypts and protects the card number.

 Default of payment

SHOESHOP.ES reserves the right to refuse to make a delivery or to process the order of a customer who has not been able to do so.

 Payment verification

SHOESHOP.ES controls all orders placed on the page. These controls are intended to protect SHOESHOP.ES from abusive practices: identity theft, payment fraud. The SHOESHOP.ES services will be in need of asking the Client, all the documents necessary for the validation of the order: copy of the identity document, passport, bank card, etc ...

 In case of not receiving the requested documentation in the following 7 days, the order will be automatically canceled.

 Any receipt of non-conforming documents may also lead to the cancellation of the order.

 Payment security

In order to protect payments, SHOESHOP.ES uses a secure payment service. This service integrates the SSL security standard. Confidential information (bank card number consisting of 16 numbers, validity date and CVV security code) are directly transmitted in encrypted form to your bank server without being registered on the SHOESHOP.ES server and payment is accepted at real time, by the secure telepago manager. This generates a request for authorization to the network of the bank card and sends a unique code of electronic form with the information of the purchase, total amount and date of the transaction.

 Gift vouchers and discount vouchers

Gift certificates or vouchers are in the form of discount vouchers and have a unique code. Gift cards and non-refundable gift vouchers can not be the subject of a monetary counterpart.

Products purchased with gift certificates or vouchers can be exchanged or returned for another voucher. The gift vouchers or purchase vouchers will be reactivated and must be used during their period of validity. They are not combinable with other promotions or other discount vouchers.

 14. Quick purchase

The customer who made a purchase at SHOESHOP.ES has registered their details and has chosen a password, which will allow them to place new orders without

 The Registered Client is recognized on the page as a customer of SHOESHOP.ES. and your password is strictly confidential and personal. In any case, the password must be disclosed.

 In the event that the SHOESHOP.ES customer forgets or loses their password, you should contact the SHOESHOP.ES customer service. , as soon as possible through the electronic address customercare@SHOESHOP.es, in 48 hours we will send you a new password that will replace with full right the old one.

In order to facilitate the identification of the Customer on the page, the Client expressly authorizes SHOESHOP.ES to store on the Client's hard disk a file called a "cookie" with the sole purpose of providing the above identification.

 15. Value added tax and invoicing

In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on the Value Added Tax, the delivery of the items will be understood to be in Spanish VAT applicable territory if the delivery address is in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally applicable rate at the time, depending on the specific item. VAT is not charged on deliveries to the Canary Islands, Ceuta and Melilla in accordance with Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations of each of these territories.

You expressly authorise us to issue the invoice in electronic format. However, at any time you can request a hard copy of your invoice, in which case we will issue and send you the invoice on paper.

 16. Return policy

16.1 Legal right to cancel the purchase Right to cancellation

If you are entering into a contract as a consumer and user, you have the right to withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from when you or a third party designated by you, other than the courier, came into material possession of the goods or if the goods that make up your order are delivered separately, within 14 calendar days from when you or a third party designated by you, other than the courier, came into material possession of the last item of the goods. To exercise your right of withdrawal, you must contact SHOESHOP, by writing to Plaza Actor Cecilio Pineda,8-3C. 30002 Murcia; by telephone at +34 968253792; by email at custormercare@shoeshop.es; or using our website contact form , notifying us of your decision to withdraw from the contract through an unambiguous statement (for example, a letter or email). In order to comply with the withdrawal deadline, it is sufficient that you communicate that you are exercising this right within the stipulated time period.

Effects of cancellation

If you decide to withdraw, we will refund all the payments received from you, including delivery charges (except for any additional charges due to your choice of a delivery method other than the cheapest ordinary delivery method we offer) without any undue delay, and in any case, in a maximum of 14 days from the date on which you notified us of your decision to withdraw from this contract. We will carry out the reimbursement using the same payment method used for the initial transaction. You will not incur any fees as a result of such reimbursement. However, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the first.

You must return the products without any undue delay, and in any case, within 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The withdrawal period will be considered to be valid if you return the goods before the end of the period.

You must bear the cost of returning the goods. In that case, you must send, along with the products, a printed copy of the electronic receipt that you will have received with the Shipping Confirmation.

You will only be responsible for a reduction in value of the goods resulting from handling, other than that needed to establish their nature, characteristics and functionality.

16.2 Contractual right to cancel.

As well as the legally recognised right of withdrawal of consumers and users mentioned in Clause 16.1 above, we allow you a period of 30 days from the date the products were delivered to return the products (except for those mentioned in Clause 16.3 below, which are excluded from the right of withdrawal).

In the case of products returned within the contractual time frame of the right to cancellation, but once the legal time frame has expired, only the price paid for the products will be reimbursed. You will bear the direct costs of returning the product. In that case, remember that you must send, along with the products, a printed copy of the electronic receipt that you will have received with the Shipping Confirmation.

You can exercise your right of withdrawal according to Clause 16.1 above if you notify us of your intention to withdraw from the contract after the legal withdrawal period has ended. In any case you will need to deliver the goods to us within 30 days from the delivery date of the products.

16.3 Common provisions

You will not have the right to withdraw from a contract whose purpose is to supply one of the following products:

* Customised items.

* Music CDs/DVDs without their original packaging.

* Goods that are sealed for hygiene purposes which have been opened after delivery.

Your right to withdraw from the contract will apply only to products returned in the same condition as when you received them. Reimbursement will not be made if the product has been used to a greater extent than simply handling the item upon opening it, for products that are not in the same condition in which you received them or if the items have suffered any type of damage, and as such you should be careful with the item or items as long as they are in your possession. Please return the item using or including all of its original packaging, instructions, and any other documents it came with.

If you prefer not to return the products using one of the available free options, you will have to pay the costs of the return. In that case, remember that you must send, along with the products, a printed copy of the electronic receipt that you will have received with the Shipping Confirmation. Please note that if you decide to return the items COD, we have the right to charge you for any costs this may incur.

After examining the item we will inform you whether you have the right to a refund for the amount paid. The costs of transport delivery will only be reimbursed when the right of withdrawal is exercised within the legal time frame and all of the items comprising the order in question are returned. The refund will be paid as soon as possible and in all cases within 14 days from the date on which you notified us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is first. The refund will always be paid using the same payment method used to pay for your purchase, except when the return is made using a gift receipt. In this last case, the refund will be paid through a voucher.

You will be responsible for the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us on our contact form or by ringing +34 968253792.

16.4 Returns of defective products

If you believe that at the time of delivery the product was not as specified in the contract, you must contact us immediately using our contact form , providing the product information and describing the damage, or call +34 968253792 where we will tell you what to do next.

The amounts paid for items returned due to a faulty or defective nature will be reimbursed in full when the items are determined to be truly defective, including shipping fees incurred for delivering the item and the costs that you have incurred to return it to us. The refund shall always be made via the same payment method you used to complete the purchase.

17. Liability and exemption from liability

Unless expressly indicated otherwise in these Terms and Conditions, our liability in relation to any product acquired on our website is limited strictly to the purchase price of said product. However, unless there is a legal ruling to the contrary, we will not accept any liability for the following losses, regardless of their origin:

* loss of income or sales;

* loss of business;

* loss of earnings or loss of contracts;

* loss of anticipated savings;

* loss of data; and

* loss of management time or office hours.

Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained from this website, unless it is otherwise expressly established here.

18. Guarantees

If you are entering a contract as a consumer or user, we offer guarantees on products sold on this website in the terms established by law for each type of product, therefore responding to any lack of conformity if non-conformity becomes apparent within a period of two years after the product's delivery.

The products will be understood to comply with the contract if (i) they match our description and have the characteristics we presented on this website, (ii) they are suitable for the normal uses of products of the same type, and (iii) they offer the normal quality and features it would be reasonable to expect of a product of the same type.

In this respect, if any of the products do not conform with the contract, you should bring it to our attention by following the process detailed in the aforementioned section 16.4 and through any of the communication means destined for this purpose.

The products we sell, especially handmade products, often present the characteristics of the natural materials used to make them. These characteristics, such as variations in grain, texture, knots or colour, will not be considered defects or flaws. On the contrary, they should be regarded as necessary and desirable. We select only products of the highest quality, but natural variations are unavoidable and should be accepted as part of the individual appearance of the product.

19. Industrial and intellectual property

All elements of SHOESHOP.ES, both visual and sound, including the underlying technology, are protected by copyright, trademarks or patents. > These are exclusive property of SHOESHOP. All hyperlinks that connect to SHOESHOP.ES, and using for example framing techniques, deep-linking, in-line linking or any other linking technique is totally prohibited. In any case, a link, although not officially authorized, should be withdrawn as soon as requested by SHOESHOP.ES.

20. Viruses, piracy and others cyberattacks

You may not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs, or any other technologically damaging or harmful program or material. You may not try to gain unauthorised access to this website, the server on which said website is hosted, or any server, computer, or database related to our website. You undertake to not attack this website through a denial-of-service attack or a distributed denial-of-service attack. Breaching this Clause may lead to offences as described in applicable legislation. We will inform the competent authorities of any breach of this norm and will cooperate with them to discover the attacker's identity. Also, anyone in breach of this Clause will immediately no longer be authorised to use this website. We are not responsible for any damage that may result from a denial of service attack, virus or any other program or technologically damaging material that may affect your computer, computer equipment, data or materials as a result of using this site or downloading content from it or those to which it redirects.

21. Links form our website

In the event our website contains links to other websites and third-party material, said links are facilitated for solely informative purposes, and we do not have any control over the content of said websites or materials. Therefore, we will accept no liability for any loss or damages arising from their use.

22. Written communication

Applicable regulations require that the information or communications we send you be in writing. By using this website, you accept that most of our communications with you will be in electronic formats. We will contact you by email or provide information by publishing announcements on this website. For contractual purposes, you consent to using this electronic means of communication and you recognise that all contracts, notifications, information, and other communications we send you electronically comply with the legal requirement that they be in writing. This does not affect your legal rights.

23. Notifications

Any notifications you send us should preferably be sent through our contact form . In accordance with the above Clause 22 and unless otherwise stipulated, we may send you communications either to your email address or to the postal address provided when you place an order. The notifications will be understood to have been received and to have been issued correctly as soon as they are published on our website, 24 hours after sending you an email, or three days after the postmarked date of any letter. To prove that a notification has been issued it will be sufficient to prove, in the case of a letter, that it bore the correct address and correct stamp and was posted in a Post Office or postbox, and in the case of an email, that it was sent to the email address specified by the recipient.

24. Assignment of rights and obligations

The contract is binding both for you and for us, as well as for our respective successors, grantees and assignees. You may not transmit, cede, pledge or transfer in any other way a contract or any of the rights or obligations arising from it without previously obtaining our consent in writing. We may transmit, cede, pledge, subcontract or transfer in any other way a contract or any of the rights or obligations arising from it at any time during the lifetime of the contract. To avoid any ambiguity, such transmissions, cessions, pledges or other transfers will not affect any of your legally recognised rights as a consumer, nor will they cancel, reduce or limit in any other way any explicit or tacit guarantees we may have given you.

25. Events beyond our control

We will accept no liability for any failure to comply or delay in complying with any contractual obligations if this should be due to events beyond our reasonable control ("Force Majeure"). Force Majeure includes any action, event, failure to act, omission or accident that is beyond our reasonable control, including but not limited to:

1. Strikes, lockouts and other events relating to labour disputes.

2. Civil unrest, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or the threat of or preparations for war.

3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.

4. Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.

5. Impossibility of using public or private telecommunications systems.

6. Acts, decrees, legislation, regulations or restrictions by any government or public authority.

Our obligations will be understood to be suspended while the Force Majeure event is happening, and we will be allowed to extend the time in which our obligations must be fulfilled by a period as long as the duration of the Force Majeure event. We will use all reasonable means to bring the Force Majeure event to an end or find a solution that will let us fulfil our obligations despite the Force Majeure event.

26. Waiver

If we do not require you to comply strictly with your obligations arising from a contract or from these Terms and Conditions, or if we do not exercise the rights or take the actions to which we are entitled by virtue of such a contract or these Terms and Conditions, this will not mean that we waive or limit such rights or actions, nor does it exempt you from complying with such obligations. If we waive a specific right or action, this will not imply that we waive any other rights or actions arising from a contract or these Terms and Conditions. If we waive any of these Terms and Conditions or the rights or actions arising from a contract, this will not be legally effective, unless it is expressly established that this is a waiver, the waiver is formalised and you are informed in writing, as established in the Notifications section above.

27. Partial annulment

Should any of these Conditions or any provision of a contract be declared null and void by a final decision issued by the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by this declaration of nullity.

28. Complete agreement

These Terms and Conditions and any document that is expressly referenced herein constitute the full agreement between you and us with regard to the purpose thereof and they replace any other prior pact, agreement or promise made between you and us, whether verbally or in writing. We both recognise that we have agreed on a contract without relying on any statement or promise made by the other party or which could be inferred from any statement or written text in the negotiations between both parties before the contract, except for that explicitly mentioned in these Terms and Conditions. Neither of us will be entitled to any action regarding any untrue verbal or written statement by the other party before the date of a contract (unless the untrue statement was made fraudulently) and the only action to which the other party will be entitled will be for a breach of the contract, as established in these Terms and Conditions.

29. Our right to modify these terms and conditions

We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes made thereto. These changes will not be retroactive and, barring possible exceptions depending on the specific case, they will take effect 30 days after they are published in the corresponding notice. If you do not agree with the changes made, we recommend you do not use our website.

30. Applicable legislation and jurisdiction

The use of our website and the contracts to purchase products through the website will be governed by Spanish law. Any dispute that arises because of or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts. If you are entering into a contract as a consumer, nothing in this clause will affect the rights that as such are recognised by current legislation.

31. Comments, suggestions, complaints and claims

We welcome your comments and suggestions. Please send us any comments and suggestions, as well as any questions, complaints or claims using our contact form , or by calling the telephone number or writing to the post or email addresses indicated in clause 2 of these Terms and Conditions. We also have official complaint forms available to consumers and users. You can request them by calling +34 968253792 or using our contact form . Your complaints and claims made to our customer service department will be attended to as soon as possible and, in any event, within the maximum period of one month. Additionally, they will be registered with an ID code that we will make available to you so that you can follow up.

If you, as a consumer, believe that your rights have been violated, you can direct your complaints to us by writing to the email address custormercare@shoeshop.es so as to request an alternative resolution to the dispute.

In this regard, if the acquisition between you and us was carried out online using our website, in accordance with EU Regulation No. 524/2013, we hereby inform you that you are entitled to request an out-of-court settlement to consumer disputes through the website https://ec.europa.eu/consumers/odr/ .


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