2. Use of our Online Store application.
These Conditions are the only conditions applicable to the use of our On-line Store application, and replace any other, except with the express prior written consent of the Seller. These Conditions are important to both you and 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 these Conditions without reservation. You agree that:
1. You can only use the Online Store application to make legally valid inquiries or orders.
2. 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.
3. You also undertake to provide us in a certain and correct way your email address, postal address, telephone and / or other contact information and you agree that we may use this information to contact you if necessary.
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 our Online Store application, 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.
This information and the details contained in our Online Store application do not constitute an offer to sell, but rather 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 thereof will be fully refunded.
To place an order, you must follow the online purchase procedure. After this, you will receive an email acknowledging receipt of your order, the Order confirmation. Note 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 in which we confirm that the product is being sent the Shipping Confirmation. The contract for the purchase of a product between us, the Contract will be formalized only when we send you the Shipping Confirmation.ón de Envío.
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 product that may have been ordered until we confirm the shipment of the same in a separate Shipping Confirmation.
4. 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 you with information about quality substitute products. and a value equal to or greater than that you can order. If you do not wish to order these substitute products, we will refund any amount that you may have paid.
5. Refusal to process an order.
We reserve the right to withdraw any Product from our On-line Store application at any time and / or to remove or modify any material or content thereof. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, in these cases, we will contact you as soon as possible informing you of the circumstances that prevent the processing of the order and / or alternative solutions.
We will not be liable to you or to any third party for the fact of removing any product from our Online Store application, regardless of whether said product has been sold or not, removing or modifying any material or content of our Online Store application -line, or for refusing to process an order once we have sent you the Order Confirmation.
6. Right to cancel the purchase. Returns.
If for any reason you are not satisfied with your order, you have a period of 15 calendar days, from the date of delivery of the order, to return it according to art. 44 of Law 7/1996, of January 15, on the Regulation of Retail Trade modified by Law 47/2002, of December 19. It will be understood that you have known the right of withdrawal from the acceptance of these General Conditions and placing the order.o.
You can test the merchandise to determine its nature, its characteristics or its operation as you would in a commercial establishment.
It is very important that you return the exchange or return products to us in perfect condition and in their original packaging. The return of those products that are not in the same conditions in which you received them will not be accepted. In the event that the products are damaged due to improper packaging, we will not accept returns. Once we receive the merchandise in our warehouses and we verify that all the above conditions are met, the Seller will accept the return of the product and the amount will be paid through the corresponding payment method.
You will receive the refund of the amount within a maximum period of 15 days from the receipt of the exchange or return product in our warehouse. Please note that your bank may not show you the amount of the refund in your balance until the following month.
In the case of defective products or wrong shipments, all return costs will be borne by the Seller.
This provision does not affect the rights recognized to the consumer by current legislation.
Without prejudice to what is established in Clause 5 above and unless extraordinary circumstances occur, we will try to send the order for 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 2 to 5 working days from the date of the Shipment Confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and we will give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. Delivery times may be altered in periods of sales.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the product / s have been delivered at the time of signing the receipt of the same at the agreed delivery address.ida.
The Seller reserves the right to vary the type of shipment and the company by which it is made, as long as it does not entail a manifest damage to the customer. In no case will shipments be made to post office boxes. For shipments throughout Spain, the following conditions will apply:
1. Shipping costs vary depending on the destination country. To know exactly the costs you must go to the order summary screen.
2. During certain promotional periods, shipping costs may be free.
3. Delivery from Monday to Friday on working days.
8. Impossibility of delivery.
If on the first delivery attempt, the recipient is absent at the indicated address, a second delivery attempt will be made on the next business day. If after a second attempt it is not possible to make the delivery, the transport company will notify us of the license to proceed with its resolution. If you do not receive your order within the established period or if it is impossible to collect it, please contact our Customer Service.
9. Transfer of risk and ownership.
The risks of the Products will be your responsibility 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 according to the definition contained in clause 8, if this takes place. at a later time.r.
The price of the products will be the one stipulated at all times in our On-line Store application, except in the case of manifest error. Although we try to ensure that all prices listed in the app 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 if the error in the price is obvious and unambiguous and could have been reasonably recognized by you as an incorrect price.
The prices of our On-line Store application include VAT or tax that can replace it, but exclude shipping costs, which will be added to the total amount due and will be previously communicated before making the purchase.
Prices may change at any time, but except as previously established, possible changes will not affect orders for which we have already sent you a Shipping 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.
We guarantee that each of the transactions made with the Seller is 100% secure. All operations that involve the transmission of personal or banking data are carried out using a secure environment. The Seller uses a server based on the standard security technology SSL Secure Socked Layer. All the information that you transmit to us travels encrypted through the network.d.
Likewise, the data on your credit card are not registered in any database but go directly to the Bank's POS Terminal Point of Sale..
We also inform you that, in an effort to provide greater security to credit card owners, we have incorporated into our payment gateway the secure payment system called CES Comercio Electrónico Seguro. In this way, if you are the holder of a secured card, you can always make payments with a VISA or MASTERCARD in our store. In the event that your card is not attached to this payment system, the Vendor will only accept payment with a VISA or MASTERCARD credit card to clients with previously demonstrated seniority and reliability.te.
In both cases, when paying with a VISA or MASTERCARD, the following information will always be requested: the card number, the expiration date, more guarantees regarding the security of the transaction.
By clicking Authorize Payment you are confirming that the credit card is yours. The proof of purchase corresponding to the order will be sent to your email together with the Order Confirmation.o.
Credit cards will be subject to checks and authorizations by their 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.
You must notify us of any undue or fraudulent charge on the card used for purchases, by email or by telephone, in the shortest time possible, so that we can take the appropriate steps.
Credit card fraud is a crime, and the Seller will take legal action against anyone who makes a fraudulent transaction in our On-line Store application.
If you use the PayPal payment method, remember that PayPal is a fast and secure way to pay on the Internet. You can easily pay for your purchases with your debit card, credit card or bank account through PayPal, without sharing financial information with Penta Shoes S.L. PayPal safely stores your financial information and protects it with industry-leading security and fraud prevention systems. What's more, your financial details are never shared with the Seller. Using PayPal you will not have to enter your card or bank account details to pay. You will only need your email address and a password. In case of using PayPal You choose how to pay: debit card, credit card or bank account.
12. Value added tax.
In accordance with current regulations, all purchases made through our Online Store application will be subject to Value Added Tax, VAT, or any other tax that may replace it.e.
13. Liability and liability waiver.
Our liability in relation to any Product purchased in our On-line Store application will be strictly limited to the purchase price of said Product. Nothing in these Purchase Conditions excludes or limits in any way our responsibility:
1.In case of personal injury caused by our negligence;
2.In case of fraud or fraudulent misrepresentation; or
3.In any matter where it is 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 unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that occur as a secondary effect of losses or major damages, which occur in any way, and whether caused by civil wrong including negligence, breach of contract or others, even if they could have been foreseen.r.
Due to the open nature of our On-line Store application 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 application. All the descriptions of products, information and materials that appear in this On-line Store application are supplied in the state in which they are and without express, implicit or derived guarantees in any other way. To the extent possible as permitted by law, we exclude all warranties leaving safe those warranties that cannot be legitimately excluded from 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.
The notifications that you send us should preferably be sent through our email email@example.com. In accordance with the provisions of these Conditions 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.
15. 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 successors in title. 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 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 a consumer recognized by law nor will they cancel, reduce or limit in any other way the express or implied guarantees that we could have granted you.
16. Events beyond 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, the cause of which is due to events that are beyond our reasonable control Cause of Force Majeure. The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and will include, without limitation, the following:iente:
1.Strikes, lockouts or other protest measures.
2.Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war whether declared or not, or threat or preparations for war.a.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
4.Impossibility of using trains, boats, planes, 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 of other governments.
7. Strike, failures or accidents of maritime or river transport, postal or any other type of transport.
It will be understood that our obligation to comply by virtue of 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 for the duration of such period. We will use all reasonable means to end the Force Majeure Event or to find a solution by which we can fulfill our obligations under the Contract despite the Force Majeure Event.
If, during the term of a Contract, we cease to insist on strict compliance with any of the obligations assumed by virtue of it or any of these Conditions, or if we cease to exercise any of the rights or resources that we are entitled to exercise or filed by virtue of said Contract or these Conditions, such fact will not constitute a waiver of said rights or remedies nor will it exonerate You from complying with such obligations.
Waivers we make to enforce compliance will not constitute a waiver on our part to require subsequent compliance. 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 Notifications section above.
If any of these Conditions or any provision of a Contract are 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.
19. 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 previous pact, agreement or 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 before said Agreement, except as expressly stated mentioned in these Conditions.
20. Our right to modify these conditions.
21. 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 subject to the exclusive jurisdiction of the courts and tribunals of the city of Alicante. Nothing in this clause will affect the rights recognized by current legislation.
22. Comments and suggestions.
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our email firstname.lastname@example.org.