Legal Information
Terms of Purchase
This document contains the Terms and Conditions that govern the purchase of our products and the contract that binds us both, You and us (hereinafter the "Terms"). These Terms set forth the rights and obligations of all users (hereinafter "You" / "your") and those of Penta Shoes, S.L. (hereinafter "we" / "our" / "the Seller") in relation to the products that we offer through our Online Store application (hereinafter referred to collectively as the "Autenti Products").
We kindly ask you to read these Terms and our Privacy Policy carefully before using our Online Store application or authorizing any payment and placing an order. By using our Online Store application or placing an order through it, You agree to be bound by these Terms and by our Privacy Policy, therefore, if you do not agree with all the Terms and the Privacy Policy, you should not place any order.
These Terms may be modified at any time by the Seller, without prior notice, so you should read them before placing each order in order to be aware of the provisions in force.
If you have any questions related to these Terms of purchase or the Privacy Policy, you may contact us via the email address hola@autentishoes.com.
2. Use of our Online Store application
These Terms are the only conditions applicable to the use of our Online Store application and replace any others, unless expressly agreed otherwise in writing by the Seller. These Terms are important for both You and us, as 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 Terms without reservation. You agree that:
- You may only use the Online Store application to make legally valid inquiries or orders.
- You may not place any speculative, false, or fraudulent orders. If we have reasonable grounds to believe that such an order has been placed, we shall be authorized to cancel it and inform the relevant authorities.
- You also agree to provide us with your email address, postal address, telephone number, and/or other contact details accurately and correctly, and consent to our using 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 old and have the legal capacity to enter into binding contracts.
3. Service availability
The information and details contained in our Online Store application do not constitute an offer to sell, but rather an invitation to do business. No contract will exist between You and us regarding any product until your order has been expressly accepted by us. If your offer is not accepted and any charge has already been made to your account, the amount will be fully refunded.
To place an order, you must follow the online purchasing procedure. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, and we will confirm such acceptance by sending you an email confirming that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between us (the "Contract") will be formalized only when we send you the Shipping Confirmation.
Only those products listed in the Shipping Confirmation will be subject to 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 those products in a separate Shipping Confirmation.
4. Product availability
All product orders are subject to availability and, in this regard, if there are supply difficulties, or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may order. If you do not wish to order those substitute products, we will refund any amount you may have paid.
5. Refusal to process an order
We reserve the right to withdraw any Product from our Online Store application at any time and/or to remove or modify any material or content therein. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to refuse to process an order after we have 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 act 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 from our Online Store application, or for refusing to process an order once we have sent you the Order Confirmation.
6. Right of withdrawal. Returns
If for any reason you are not satisfied with your order, you have a period of 15 calendar days, starting from the date of delivery, to return it (in accordance with Art. 44 of Law 7/1996, of January 15, on the Regulation of Retail Trade, amended by Law 47/2002, of December 19). You will be deemed to have been informed of the right of withdrawal from the moment of acceptance of these General Terms and Conditions and the placement of the order. You may examine the merchandise to determine its nature, characteristics, or functioning, as you would in a retail establishment.
It is very important that you return the product(s) for exchange or refund in perfect condition and in their original packaging. Returns of products that are not in the same condition as they were received will not be accepted. In the event that products are damaged due to inappropriate packaging, we will not accept the return. Once we receive the merchandise at our warehouses and verify that all the aforementioned conditions are met, the Seller will admit the return of the product and proceed with the refund of its amount via the corresponding payment method.
You will receive the refund within a maximum period of 15 days from the receipt of the returned or exchanged product at our warehouse. Please note that your bank may not show the refund amount in your balance until the following month.
In the case of defective products or incorrect shipments, all return costs will be borne by the Seller.
This provision does not affect the rights recognized to the consumer by current legislation.
7. Delivery
Without prejudice to what is established in Clause 5 above and unless extraordinary circumstances arise, we will attempt to ship the order for the product(s) listed in the Shipping Confirmation before the delivery date indicated therein or, if no delivery date is specified, within 2 to 5 working days from the date of the Shipping Confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of proceeding with the purchase by setting a new delivery date or canceling the order with a full refund of the price paid. Delivery times may be altered during sales periods.
For the purposes of these Terms, "delivery" shall be understood to have occurred or the product(s) shall be considered "delivered" at the time of signing for the receipt of the same at the agreed delivery address.
The Seller reserves the right to vary the type of shipment and the company through which it is carried out, provided that it does not cause manifest harm to the customer. Under no circumstances will shipments be made to post office boxes. For shipments throughout Spain, the following conditions will apply:
- Shipping costs vary depending on the destination country. To know the exact costs, you must go to the order summary screen.
- During certain promotional periods, shipping costs may be free.
- Delivery from Monday to Friday on working days.
8. Inability to deliver
If the recipient is absent from the indicated address on the first delivery attempt, a second delivery attempt will be made on the next working day. If it is not possible to make the delivery after a second attempt, the transport company will inform us of the incident in order to proceed with its resolution. If you do not receive your order within the established period or if it becomes impossible to collect it, please contact our Customer Service department.
9. 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 (as defined in clause 8), if this takes place at a later time.
10. Prices
The price of the products will be that stipulated at any given time on our Online Store application, except in cases of manifest error. Although we try to ensure that all prices on the application 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 the amounts that have been paid will be fully refunded.
We are not obligated to supply you with the product(s) at the incorrect lower price if the pricing error is obvious and unequivocal and could have been reasonably recognized by you as an incorrect price.
The prices on our Online Store application include VAT or any tax that may replace it, but exclude shipping costs, which will be added to the total amount due and will be communicated to you before finalizing the purchase itself.
Prices may change at any time, but, except as established above, 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 wish to buy will have been added to your basket, and the next step will be to process the order and make the payment.
11. Payments
We guarantee that each transaction made with the Seller is 100% secure. All operations involving the transmission of personal or bank data are carried out using a secure environment. The Seller uses a server based on SSL (Secure Socket Layer) standard security technology. All information you transmit to us travels encrypted across the network.
Likewise, your credit card details are not recorded in any database, but go directly to the POS (Bank's Point of Sale Terminal).
Furthermore, we inform you that, in an effort to provide greater security to credit card holders, we have incorporated into our payment gateway the secure payment system called CES (Secure Electronic Commerce). Thus, if you are a holder of a "secured" card, you will always be able to make payments with a VISA or MASTERCARD card in our store. In the event that your card is not subscribed to this payment system, the Seller will only accept payment by VISA or MASTERCARD credit card from customers with previously demonstrated history and reliability.
In both cases, when paying with a VISA or MASTERCARD card, you will always be asked for the following information: card number, expiration date, and additional security guarantees for the transaction. By clicking on "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 along with the Order Confirmation.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize the 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 improper or fraudulent charge on the card used for purchases, via email or by telephone, as soon as possible, so that we can take the appropriate steps. Credit card fraud is a crime, and the Seller will initiate legal action against anyone who carries out a fraudulent transaction on our Online Store application.
In case 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 securely stores your financial information and protects it with market-leading security and fraud prevention systems. Moreover, your financial details are never shared with the Seller. By 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. If 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.
13. Liability and exoneration of liability
Our liability in relation to any Product purchased in our Online Store application will be strictly limited to the purchase price of said Product. Nothing in these Terms of Purchase excludes or limits in any way our liability:
- In the event of personal injury caused by our negligence.
- In the event of fraud or fraudulent misrepresentation.
- In any matter where it would be illegal or unlawful for us to exclude, limit, or attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph and to the extent permitted by law, and unless otherwise provided in these Conditions, we will not accept any liability for indirect damages that occur as a side effect of the main losses or damages, occurring in any way, and whether caused by tort (including negligence), breach of contract or otherwise, even if they were foreseeable.
Due to the open nature of our Online 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 product descriptions, information, and materials included in this Online Store application are provided "as is" and without express or implied warranties or those deriving from any other source. To the extent permitted by law, we exclude all warranties, except for those that cannot be legitimately excluded in relation to consumers.
The provisions of this clause will not affect your statutory rights as a consumer, nor your right to cancel the Contract.
14. Notices
Notices that you send to us should preferably be sent via our email address hola@autentishoes.com. In accordance with the provisions of these Conditions and unless otherwise stipulated, we may send you communications either to the email or to the postal address you provided when placing an order.
15. Transfer 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 transferees. You may not transmit, assign, encumber, or in any other way transfer a Contract or any of the rights or obligations derived therefrom 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 therefrom in our favor or for us, at any time during the term of the Contract. For the avoidance of doubt, such 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 in any other way limit the warranties, both express and implied, that we may have granted you.
16. Events outside our control
We will not be liable for any failure to perform or delay in the performance of any of the obligations we assume under a Contract, the cause of which is due to events that are outside our reasonable control ("Force Majeure Event"). Force Majeure Events will include any act, event, lack of exercise, omission, or accident that is outside our reasonable control and will include in particular, without limitation, the following:
- Strikes, lockouts, or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Impossibility of using trains, ships, aircraft, motor transport, or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government.
- Strike, failure, or accident of maritime or fluvial transport, postal or any other type of transport.
It will be understood that our obligation to perform under any Contract will be suspended during the period in which the Force Majeure Event continues, and we will have an extension of the deadline 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.
17. Waiver
If during the term of a Contract we fail to insist on the strict fulfillment of any of the obligations assumed under it or any of these Conditions, or if we fail to exercise any of the rights or remedies that we are entitled to exercise or initiate under said Contract or these Conditions, such fact will not constitute a waiver of such rights or remedies nor will it exonerate you from complying with such obligations.
Waivers by us to demand compliance will not constitute a waiver on our part to demand subsequent compliance. No waiver by us of any of these Conditions will be effective 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 Notices section above.
18. Severability
If any of these Conditions or any provision of a Contract were found to be invalid, illegal, or unenforceable to any extent by a competent authority, they will be severed from the remaining conditions and provisions, which will continue to be valid to the extent permitted by law.
19. Entire agreement
These Conditions and any document expressly referred to herein constitute the entire agreement existing between you and us in relation to the subject matter of the Contract and supersede any other prior pact, agreement, or promise agreed upon between you and us verbally or in writing.
You and we acknowledge having agreed to enter into this Contract 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 Contract, except for that which is expressly mentioned in these Conditions.
20. Our right to modify these Conditions
We have the right to revise and modify these Conditions at any time. You will be subject to the policies and Conditions in force at the time you place each order, unless by law or decision of government agencies we must make changes to said policies, Conditions, or Privacy Policy, in which case the possible changes will also affect orders you have previously placed.
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 submitted to the exclusive jurisdiction of the courts and tribunals of the city of Alicante. Nothing in this clause will affect the rights recognized by applicable law as a consumer.
22. Comments and suggestions
Your comments and suggestions will be well received. We request that you send them to us via our email address hola@autentishoes.com.
Any questions? Write to us at hola@autentishoes.com
Thank you