TERMS AND CONDITIONS OF PURCHASE AND PRIVACY POLICY

To process an order on tienda.calzadospitillos.com, you must first accept the following terms and conditions:

1. IDENTIFICATION

The General Conditions of Contract included in this document are applicable to all commercial transactions made through the website tienda.calzadospitillos.com, owned by SILVIA HERNANDEZ, SL, Carretera de Préjano, 46 - 26580 - Arnedo, La Rioja. CIF-B26309492.

REGISTRATION DATA: Reg. Mercantil de la Rioja, Volume 477, Book 0, Sheet 221, Section 8ª, Page LO-7227, Inscription 1ª.

For the purposes of this document the contact telephone number is +34  941 385 054 and the contact email address is admin@calzadospitillos.com.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY

The rights relating to industrial and intellectual property (including but not limited to: trademarks, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained on the website www.tienda.calzadospitillos.com) are owned by SILVIA HERNANDEZ, S.L. or by the representative companies and manufacturers of the products offered.  Therefore, they are subject to the intellectual and industrial property rights protected by Spanish and International legislation.

It is not permitted to use, reproduce, transmit, manipulate, nor engage in any use that exceeds a normal and necessary visit of the page or use of the services offered, without the prior written authorisation of SILVIA HERNANDEZ, S.L. or, where applicable, of the representative or manufacturer holding the rights of the product.

Access to the products supplied does not imply on the part of SILVIA HERNANDEZ, S.L. renunciation, transmission nor total or partial transfer of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents without the prior and express written authorisation of the respective owners of said rights, without prejudice to the right of viewing and obtaining a private copy of such content, provided that said right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the owner of such rights remains unchanged, is not used for business purposes and is exclusively for the user's personal information.

The responsibility derived from the use of materials protected by the intellectual and industrial property rights contained in this page will correspond exclusively to the user.

3. OBJECT AND ACTIVITY

SILVIA HERNANDEZ, S.L. is dedicated to the sale and distribution of footwear through her website.

4. AGREEMENT REGARDING THE UPDATING OF THE WEBSITE

 SILVIA HERNANDEZ, S.L. reserves the right to make modifications and updates to products, prices, promotions and other conditions contained on https://tienda.calzadospitillos.com, although modifications made to prices will not affect the orders made before said modifications.

SILVIA HERNANDEZ, S.L., makes every effort to ensure that the information offered on the website is truthful and appears accurately and without typographical errors. In the case of a typographical error, which is out of the control of SILVIA HERNANDEZ, S.L., it will be corrected immediately. If a customer decided to make a purchase based on an error of this type, SILVIA HERNANDEZ, S.L. would inform them immediately of such error, enabling both parties to rescind the purchase without any cost so long as the existence of such error is justified.

5. LANGUAGE AND CONTRACT DURATION MINIMUM CONTRACTING AGE

Irrespective of the possible translations of any section of the general conditions of sale, the official language of the contract will always be the Spanish version.

We understand the duration of the contract to include all phases starting from the request of the initial order until the actual delivery of the goods by SILVIA HERNANDEZ, S.L. and the total payment of the agreed price by the client.

According to art.1263 of the Civil Code, unemancipated minors and disabled persons cannot enter into remote contracts of sale without the express consent of their parents or guardians.

By accepting the general conditions of sale, the Client declares that he/she is of legal age (at least 18 years old) and has the legal capacity to purchase the services and/or products offered through the web, and that he/she understands the general conditions in their entirety.

6. LEGAL GUARANTEE AND AFTER-SALES SERVICE

As a consumer, the Customer of our Online Store has, apart from the rights described herein, all legal rights under Spanish and European legislation regarding the sale of consumer goods. We inform you that your legal rights will never be affected by the 'General Conditions of Sale'.

In the case of receiving a damaged product, we inform you that according to current regulations the seller must proceed, as appropriate, to repair, replace the product, or to offer a price reduction or termination of the contract. These are steps that will be free for the consumer and user. The seller is liable for any lack of conformity that becomes apparent within two years of delivery.  The consumer and user must inform the seller about the lack of conformity within two months of discovering it.

7. ACCURACY OF PRODUCT DESCRIPTIONS

Although we are committed to optimising the accuracy of any information regarding the characteristics, qualities, images, etc. of all products published on our online shop, our company does not expressly guarantee total accuracy, reliability, or completeness of such information, that may sometimes be altered by differences in the configurations of the different types of browsers used to access our online store.

In the event that the customer considers that the product purchased does not correspond exactly to the item shown in the catalog of our online store, they may return it according to the conditions and deadline described here (see section 'Returns and Cancellations'), without being able to claim anything further in the form of damages or losses.

8. HOW TO PURCHASE

You can find all our products and prices by consulting our website, and add your selections to your shopping cart by selecting "Add to Cart".

Once you have finalised your selection and your order is being processed, you can check the status of your order and/or modify its content, as well as ´Continue Shopping'.

When you have finished selecting products, continue to the next step 'PROCESS ORDER', filling in the mandatory fields.

Once completed, fill in the necessary payment details.

Check that all your order details and other requirements are filled in correctly and, once you have read and accepted the Terms and Conditions of Sale, finalise the purchase by clicking "PAY".

Once your order is confirmed, you will be sent an email confirmation of the order.

9. PAYMENT METHODS

CREDIT/DEBIT CARD

As a standard security measure, the CVV2 code is requested when the cardholder makes a transaction. This is a 3-digit number that appears on the back of all cards at the end of the magnetic strip. It is requested to ensure that the card is physically present at the time of making the transaction.

If you want further security for your online sales, we also offer the Secure Electronic Commerce Authentication Service (3D Secure/SPA):

This system was established by Visa/Mastercard/Eurocard to enable secure purchases on the internet by authenticating each of the parties involved in the transaction.

It is based on a three-step safety mechanism:

  • The cardholder is authenticated by their issuing bank.

  • The store is authenticated by its acquiring bank.

  • The methods of payment (Visa, Mastercard, etc.) enable interoperability between both parties.

PAYPAL

With PayPal you can purchase with total security without sharing confidential financial information with sellers. Your privacy is also protected by:

  • Technology which prevents fraud before it appears.

  • Encoding of data.

Visit https://www.paypal.com/es/ to learn more about the procedure of secure communication of your information.

You can find more information about our methods of payment in this link.

10. TRANSACTION SECURITY

SILVIA HERNANDEZ, S.L. uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized data access.  To these ends, the user/client accepts that the provider obtains data for the relevant authentication of access controls.

Any contract process that entails the introduction of personal data will always be transmitted through a secure communication protocol (HTTPS: //) in such a way that no third party has access to the information transmitted via electronic communications.

11. SHIPMENTS AND DELIVERIES

SILVIA HERNANDEZ, SL agrees to deliver the goods purchased by the User, to the address indicated for this purpose by the User in the order form. SILVIA HERNANDEZ, S.L. is not responsible of the inconvenience caused by any omission or error in the completion of this information, and any additional shipping costs that arise shall be borne by the user. Shipments cannot be delivered to PO boxes or booths.

Deliveries are only made to Spain, (excluding the Canary Islands, Ceuta and Melilla), and to the Portuguese Peninsula. The delivery time is 24-48 hours via a courier company.

SILVIA HERNANDEZ, S.L. reserves the right to change the shipping and transport company, regardless of what has been stated in these pages, so long as it is not in any way detrimental to the client.

The responsibility for all products remains ours until receipt of the shipment by the customer, unless the customer expressly chooses a shipping method other than the one proposed by SILVIA HERNANDEZ, S.L., in which case our liability would end at the time of collection of the shipment from our warehouse.

In the event that unforeseen circumstances prevent delivery of the order within the established period, SILVIA HERNANDEZ, S.L. agrees to inform the User as soon as possible of the new expected delivery date, in this way, releasing SILVIA HERNANDEZ, S.L. from the commitment indicated in the previous section.

If the courier company cannot make the delivery due to there being noone available to receive the shipment at the indicated destination, the courier company itself will provide instructions for the User to arrange a new delivery date.

Upon receiving the delivery, the User must verify that the order matches the quantity and type of product of that requested. If there is any discrepancy, the User should follow the directions in paragraph 8 of these terms and conditions.

According to delivery method selected by the customer, the shipping costs will be added on to the final purchase price. However, the Customer will always be informed of any associated shipping costs before confirming their order.   Accepting the 'General Conditions of Sale' also indicates the client's acceptance of the shipping costs, which will be shown in the processing of the order.

For more information about our shipping and delivery policy, you can access this link.

12. RETURNS AND CANCELLATIONS

RIGHT OF WITHDRAWAL

If for any reason you are not satisfied with your order, you have a period of 30 calendar days from the date of the order to return it. For informational purposes only, we inform you that the returns period of 30 calendar days is longer than the minimum term of 14 calendar days established by current regulations (according to art. 68-79 of the Royal Legislative Decree 1/2007 of November 16th, which approves the revised text of the General Law for the Defense of Users and Consumers and other complementary laws).

In order for you to exercise your right of withdrawal from purchase, all returned products must be in perfect condition and in their original packaging, otherwise, the goods may decrease in value.

We inform you that all personalised items are strictly excluded from the consumer's right of withdrawal from purchase.

To exercise your right of withdrawal you can request a return from the 'History of Orders' page in your personal area by selecting the order and item that you want to return. You can also contact us through the contact information that appears in the 'Purchase Cancellation' section below. Additionally, if you prefer, you can exercise your right of withdrawal through the following  form  and send it to us via email or post.

REFUNDS

The reimbursement period is 14 calendar days from the notification of withdrawal, although this will not be made until after the articles have been received back into our warehouse and it has been verified that the user has not used them for anything other than to establish the nature, characteristics and function of the articles.

If payment is made via debit or credit card, the refund will be credited back onto the same card. If the payment was made through Paypal, the refund will be credited back to the same Paypal account.

PURCHASE CANCELLATION

The user can cancel the purchase process provided that it has not been processed in its entirety. In order for the client to ensure cancellation, it is advisable to immediately contact SILVIA HERNANDEZ, S.L. either via email at admin@calzadospitillos.com or by phone at +34 941 385 579.

For more information about our return and exchange policy you can access this link.

13. FAILURE TO FULFIL REMOTE CONTRACT

In the event of the seller failing to fulfil the contract due to the goods or service being unavailable, the consumer and user must be immediately informed of this lack of availability and must be able to recover the amount paid without any undue delay.

In the case of an undue delay on the part of the seller, regarding the refund of the amount paid, the consumer and user may claim to be paid double the amount owed, without prejudice to their right to be compensated for the damages and losses suffered in excess of said amount.

14. SUBSTITUTION OF GOODS OR SERVICES IN A REMOTE CONTRACT

If the contracted goods or services are not available, and the consumer and user have been expressly informed of such a possibility, the seller may supply an item or service of similar characteristics that has the same or superior quality without any price increase.

In a case such as this, the consumer and user may exercise their right of withdrawal and resolution in the same manner as if it were the goods or services initially requested.

15. DATA PROTECTION

Basic Concepts. In compliance with the terms established in the current regulations for the Protection of Personal Data, we inform you that your personal data will only be used by SILVIA HERNÁNDEZ, S.L. for the purpose of administrative, commercial and fiscal management of orders placed through our online store as well as commercial actions arising from the management of our customers.

We inform you that, in compliance with current regulations, your data will be communicated to the courier companies and other transport companies that will perform the home delivery service under our instructions. Our company will take all necessary measures to ensure that our suppliers also comply with current regulations regarding data protection of our customers' data.

Additionally, we inform you that except for any legal obligation or express consent on your part, SILVIA HERNANDEZ, S.L. will not transfer your data to any third parties other than those identified here.

We hereby inform you that you have the right to confirm whether SILVIA HERNANDEZ, S.L. is processing your personal data, and the right to access your personal data, rectify inaccurate information, or request its deletion when it is no longer necessary, as well as to exercise any other rights outlined in the current regulations in the manner set out in the additional information. You can exercise the aforementioned rights in the terms established in the current regulations by contacting SILVIA HERNANDEZ, S.L., Carretera Préjano, 30, 26580 Arnedo (La Rioja), email: protecciondatos@calzadospitillos.com.

You can also request the same contact information, as well as additional detailed information about our data protection policy.

Also, you can consult additional data protection information in this link.

Legal scope of the use of customer email addresses. By registering as a customer and purchasing our products, the user agrees to receive promotional emails and news bulletins. This service is subject to the regulations set forth in article 21.2 of Law 34/2002 for the Information Society and Electronic Commerce Services, and as amended by Law 32/2003 of November 3rd, General Telecommunications, which authorizes the sending of commercial communications electronically when there has been a previous contractual relationship and the advertising of similar products or services to those that were the object of contracting. However, all commercial communications sent by SILVIA HERNÁNDEZ, S.L. will be clearly identifiable as such through the reference 'advertising' at the start of the message and will identify SILVIA HERNÁNDEZ, S.L. as the entity responsible for the communication. Each communication will provide a simple and free method for the recipient to unsubscribe from the commercial communications system by email.

16. APPLICABLE LEGISLATION

All commercial transactions carried out with our company are subject to Spanish legislation.

Implementation of laws on this matter:

Law 3/2014, of March 27th, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Legislative Royal Decree 1/2007, of November 16th.

Regulation (EU) no. 524/2013 of the Parliament and of the Council, of May 21st 2013.

Royal Legislative Decree 1/2007, of November 16th, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

Law 34/2002, of July 11th, of the Information Society and Electronic Commerce Services, and Law 32/2003, of November 3rd, General Telecommunications.

Law 7/96, of January 15th, on the Regulation of Retail Commerce (LO 2/1996, of January 15th, Complementary to the Regulation of Retail Trade, Law 47/2002, of December 19th, on the reform of Law 7/1996 and Law 1/2010, of March 1st, reform of Law 7/1996)

Law 7/1998 on General Conditions of Contracting.

How many legal provisions are applicable.

In case of any conflict or disagreement in the interpretation or application of these General Contracting Conditions, the Courts or Tribunals that know the subject matter will be those that decree the applicable rule in matters of jurisdiction.

17. ONLINE DISPUTE RESOLUTION

In accordance with art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that can be used in the case of any discrepancy, conflict, etc. between the consumer and our store.  Access to the online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/.

The online dispute resolution platform can only be used by consumers who are EU residents. For more information about the process you can consult the following link: https://webgate.ec.europa.eu/odr/main/?event=main.help.faq.

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