1. GENERAL INFORMATION
The owner of this website, www.calce.es (hereinafter the “Website”), is Juan Lacarcel S.L., with Tax ID Number (NIF): B02006039, registered with the Albacete Commercial Registry, and whose contact information is as follows:
5 La Industria St., Ground Floor
Almansa (02640)
Albacete
Spain
Phone: +34 967 34 13 00
Email: calce@calce.es
This document (as well as any other documents mentioned herein) sets forth the terms and conditions governing the use of this Website (www.calce.es) and the purchase or acquisition of products and/or services through it (hereinafter, the Terms).
For the purposes of these Terms and Conditions, the activities that Calce carries out through the Website are understood to include:
Sales of men’s shoes
In addition to reading these Terms and Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including Calce’s cookie policy and privacy and data protection policy. By using this Website or by purchasing and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all of the foregoing; therefore, if you do not agree to all of the above, you should not use this Website.
Please also note that these Terms and Conditions are subject to change. The User is responsible for reviewing these terms each time they access, browse, and/or use the Website, as the terms in effect at the time a purchase of products and/or services is requested will apply.
If you have any questions regarding these Terms and Conditions, please contact the owner using the contact information provided above or, if applicable, by using the contact form.
2. THE USER
Accessing, browsing, and using the Website confers the status of user (hereinafter referred to, interchangeably, individually as “User” or collectively as “Users”), and therefore, upon beginning to browse the Website, you accept all the Terms and Conditions set forth herein, as well as any subsequent modifications thereto, without prejudice to the application of the corresponding mandatory legal regulations as applicable.
The User is responsible for using the Website properly. This responsibility shall extend to:
- Use this Website solely for the purpose of making inquiries and legally valid purchases or transactions.
- Do not make any fake or fraudulent purchases. If there is reasonable grounds to believe that a purchase of this nature has been made, it may be voided and the relevant authorities will be notified.
- Provide accurate and valid contact information, such as an email address, mailing address, and/or other details (see Legal Notice and General Terms of Use).
The User represents that he or she is at least 18 years of age and has the legal capacity to enter into contracts through this Website.
The User may, at their discretion, enter into a sales contract with Calce for the desired products and/or services in any of the languages in which these Terms and Conditions are available on this Website.
3. PURCHASING OR ACQUISITION PROCESS
Users may make purchases on the Website using the methods and procedures provided. You must follow the online purchase and/or checkout process at www.calce.es, during which you can select various products and add them to your cart, and then click “CHECKOUT.”
In addition, the User must fill out and/or verify the information requested at each step; however, during the purchase process, before making the payment, the purchase details can be modified.
The User will then receive an email confirming that Calce has received their order or request for a purchase and/or service, i.e., the order confirmation. And, if applicable, you will also be notified by email when your order is being shipped. Where applicable, this information may also be made available to the User through their personal account on the Website.
Once the purchase process is complete, the User agrees that the Website may generate an electronic invoice, which will be sent to the User via email. And, where applicable, through your personal account on the Website. In addition, Users may, if they wish, request a paper copy of their invoice from Calce by using the contact forms on the Website or by contacting us via the contact information provided above.
The User acknowledges that, at the time of purchase, they are aware of certain specific terms and conditions of sale pertaining to the product in question, which are displayed alongside the product description or, where applicable, its image on the Website page, including, but not limited to, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, the manner in which services will be performed and/or the cost of such services; and acknowledges that placing the purchase order or making the purchase constitutes full and complete acceptance of the specific terms and conditions of sale applicable to each case.
Communications, purchase orders, and payments related to transactions conducted on the Website may be archived and stored in Calce’s electronic records to serve as evidence of the transactions, in all cases, in compliance with reasonable security standards and the applicable laws and regulations in force in this regard, and particularly in accordance with the LOPD and the rights granted to Users under this Website’s privacy policy (Legal Notice and General Terms of Use).
4. AVAILABILITY
All purchase orders received by Calce through the Website are subject to product availability and/or the condition that no circumstances or events of force majeure (Clause 9 of these Terms and Conditions) affect the supply of such products and/or the provision of services. If there are any issues with product availability or if products are out of stock, Calce agrees to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices listed on the Website are final, in euros (€), and include taxes.
Shipping costs are included in the final prices of the products as shown on the Website. Calce provides delivery and/or shipping services through: Correos, UPS, Seur, and Dachser.
Under no circumstances will the Website automatically add any additional costs to the price of a product or service, except for those that the User has voluntarily and freely selected and chosen.
Prices are subject to change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
We accept the following payment methods: Credit or debit card, PayPal, and bank transfer.
Calce takes every measure to ensure the confidentiality and security of payment data transmitted by the User during transactions on the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit card payments are subject to verification and authorization by the issuing bank. If the bank does not authorize the payment, Calce will not be liable for any delay or failure to deliver and will not be able to enter into a contract with the User.
If the payment method is PayPal, credit card, or debit card, the charge will be processed as soon as Calce sends the User a confirmation of the purchase order or product purchase.
In any case, when you click “CHECKOUT,” the User confirms that the payment method used belongs to them.
Orders in which the User selects bank transfer as the payment method will be held for 5 calendar days from the date of order confirmation to allow sufficient time for the bank transfer to be processed by the payment system used by Calce for the Website. Once the system receives the payment, the order will be prepared and processed for shipment.
When using this payment method, the User must ensure that they enter the exact amount of the purchase order, as well as the account number and the transfer reference. If there is an error, Calce will not be able to process the order, which will be canceled.
6. DELIVERY
Deliveries will be made within the following areas: Spain (Mainland Spain, the Balearic Islands, the Canary Islands, Ceuta, and Melilla), and the European Union.
Except in cases of unforeseen or extraordinary circumstances or, where applicable, circumstances arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum of 30 calendar days from the date of order confirmation.
If, for any reason attributable to Calce, Calce is unable to meet the delivery date, it will contact the User to inform them of this situation, and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order and receive a full refund of the amount paid. In any case, home deliveries are made on weekdays.
If it is not possible to deliver the order because the User is not home, the order may be returned to the warehouse. However, the carrier would leave a note explaining where the package is and how to arrange for it to be delivered again.
If the User will not be at the delivery location during the agreed-upon time slot, they should contact Calce to arrange for delivery on another day.
If 30 days have passed since your order became available for delivery and it has not been delivered for reasons not attributable to Calce, Calce will assume that you wish to withdraw from the contract, and the contract will be deemed terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for any additional costs resulting from the User’s choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any case, within a maximum of 14 days from the date on which the contract is deemed terminated.
However, the User should be aware that shipping costs resulting from the return may incur an additional charge that may be passed on to the User.
For the purposes of these Terms and Conditions, delivery shall be deemed to have taken place, or the order to have been delivered, at the moment the User or a third party designated by the User takes physical possession of the products, as evidenced by the signature confirming receipt of the order at the agreed delivery address.
Any risks associated with the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Calce receives full payment of all amounts due in connection with the purchase or transaction, including shipping costs, or upon delivery, if such delivery occurs after Calce has received full payment.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
Users are hereby informed that if they notice an error when entering the information required to process their purchase request on the Website, they may correct such information by contacting Calce through the contact forms provided on the Website, and, where applicable, through those provided for contacting customer service, and/or by using the contact information provided in the first clause (General Information). In addition, the User may also update this information through their personal account on the Website.
In any case, before clicking “CHECKOUT,” the User can access the shopping cart, where their selected items are listed, and make changes.
Similarly, Users are encouraged to review the Legal Notice and General Terms of Use for more information on how to exercise their right to rectification, as provided for in Organic Law 15/1999 of December 13 on the Protection of Personal Data.
8. EXCHANGES AND RETURNS
CHANGES
The User may request an exchange at no cost within 14 calendar days of making the purchase. If you wish to exchange an item, please contact us by email at calce@calce.es, providing your order details and the items you wish to exchange. Once we receive your email requesting the change, we will contact you to let you know how to proceed.
In any case, no exchange will be made if the product has been used beyond simply opening it, or if the product is not in the same condition as when it was delivered, or if it has been damaged after delivery.
In addition, products must be returned in their original packaging, along with any instructions and other accompanying documents, as well as a copy of the purchase receipt.
RETURNS
In cases where the User purchases products on or through the Owner’s Website, the User is entitled to a number of rights, as listed and described below:
Right of Withdrawal
As a consumer and user, the User makes a purchase on the Website and is therefore entitled to cancel that purchase within 14 calendar days without having to provide a reason.
This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, took physical possession of the goods purchased on the Calce Website; or, if the goods comprising the order are delivered separately, 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, took physical possession of the last of those goods comprising the same purchase order.
To exercise this right of withdrawal, the User must notify Calce of their decision. You may do so, if applicable, through the contact forms provided on the Website or by contacting:
Phone: +34 967 34 13 00
Email: calce@calce.es
Regardless of the method chosen to communicate their decision, the User must clearly and unambiguously state their intention to withdraw from the purchase agreement.
To meet the withdrawal deadline, it is sufficient to send a notice that clearly states your decision to withdraw before the deadline expires.
In the event of withdrawal, Calce will refund the User all payments received, including shipping costs (with the exception of any additional costs incurred by the User for a shipping method other than the least expensive option offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Calce is informed of the User’s decision to withdraw.
Calce will refund the User using the same payment method the User used to make the initial purchase. This refund will not incur any additional costs for the User. However, Calce may withhold such a refund until it has received the products or items from the purchase, or until the User provides proof of their return, whichever occurs first.
The User may return or send the products to Calce at:
5 La Industria St., Ground Floor
Almansa (02640)
Albacete
Spain
And it must do so without undue delay and, in any event, no later than 14 calendar days from the date on which Calce was notified of the decision to withdraw.
The User acknowledges that they will be responsible for any direct costs associated with returning the goods (shipping, delivery), if such costs are incurred. In addition, you will be liable for any decrease in the value of the products resulting from handling that goes beyond what is necessary to determine the nature, characteristics, and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, dated November 16, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not limited to, this would include: personalized products; products that are likely to deteriorate or expire rapidly; music or video CDs/DVDs without their factory-sealed packaging; products that are sealed for hygiene or health reasons and have been unsealed after delivery.
The provision of any service that the User may contract on this Website is governed by the same principle, as this same Law establishes that Users shall not have the right of withdrawal once the service has been fully performed, or once it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully performed by Calce, they will have lost their right of withdrawal.
In any case, no refund will be issued if the product has been used beyond simply opening it, if the product is not in the same condition as when it was delivered, or if it has been damaged after delivery.
In addition, products must be returned in their original packaging, along with any instructions and other accompanying documents, as well as a copy of the purchase receipt.
Return of defective products or shipping errors
This refers to all cases in which the User believes that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and that, therefore, the User must contact Calce immediately to report the issue (defect/error) using the same methods or the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed of the procedure for returning the products, and once returned, the products will be inspected, and the User will be notified within a reasonable period of time whether a refund or, if applicable, a replacement will be provided.
We will issue a refund or replace the product as soon as possible, and in any case, within 14 days of the date we send you an email confirming that a refund or replacement is warranted for the non-conforming item.
The amount paid for products returned due to a defect, provided such a defect actually exists, will be refunded in full, including shipping costs and any expenses the User may have incurred in returning the item. The refund will be issued via the same payment method the User used to pay for the purchase.
In any case, the User will always be entitled to the rights granted to them under the laws in effect at any given time, in their capacity as a consumer and user.
Orders manufactured upon the customer’s express confirmation
Orders that are not in stock and are manufactured upon the customer’s express confirmation cannot be exchanged or returned.
Before processing an order, we always provide an estimated production time and request the customer’s prior approval. We never begin production without such confirmation.
This provision does not apply to cases where the product has a manufacturing defect or where there is an error attributable to Calce.
9. DISCLAIMER
Unless otherwise provided by law, Calce shall not be liable for the following losses, regardless of their cause:
- any losses that were not attributable to any breach on your part,
- business losses (including loss of profits, revenue, contracts, expected savings, data, loss of goodwill, or unnecessary expenses incurred), or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between the parties was entered into.
Similarly, Calce also limits its liability in the following cases:
- Calce takes all necessary measures to ensure that the product is displayed accurately on the Website; however, it is not responsible for any minor differences or inaccuracies that may arise due to low screen resolution, issues with the browser being used, or other similar factors.
- Calce will act with the utmost diligence to ensure that the product covered by the purchase order is made available to the company responsible for its transportation. However, it is not liable for damages resulting from transportation disruptions, particularly those caused by strikes, roadblocks, and other issues typical of the industry, which may result in delays, loss, or theft of the product.
- Technical failures that, due to unforeseen circumstances or other causes, prevent the service from functioning normally over the internet. Unavailability of the Website due to maintenance or other reasons that prevent the service from being available. Calce makes every effort to ensure the smooth completion of the purchase, payment, and shipping/delivery of products; however, it disclaims liability for causes beyond its control, unforeseeable circumstances, or force majeure.
- Calce shall not be liable for any misuse and/or wear and tear of products that have been used by the User. At the same time, Calce will not be held responsible for any incorrect returns made by the User. It is the User’s responsibility to return the correct product.
- In general, Calce shall not be liable for any failure or delay in fulfilling any of the obligations it has assumed when such failure or delay is due to events beyond our reasonable control, that is, due to force majeure, which may include, but is not limited to:
- Strikes, lockouts, or other industrial action.
- Civil unrest, riots, invasion, terrorist threats or attacks, war (whether declared or not), or threats of war or preparations for war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic, or any other natural disaster.
- Inability to use trains, ships, airplanes, motor vehicles, or other means of transportation, whether public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, laws, regulations, or restrictions issued by any government or public authority.
Consequently, the obligations will be suspended for as long as the force majeure event continues, and Calce will be granted an extension of the deadline for fulfilling them for a period equal to the duration of the force majeure event. Calce will take all reasonable steps to find a solution that will allow us to fulfill our obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Calce will be electronic (via email or notices posted on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications sent electronically by Calce satisfy the legal requirement of being in writing. This provision shall not affect the rights granted to the User by law.
The User may send notifications and/or contact Calce using the contact information provided in these Terms and Conditions and, where applicable, through the contact sections on the Website.
Similarly, unless otherwise specified, Calce may contact and/or notify the User via email or at the mailing address provided.
11. WAIVER
No waiver by Calce of any specific right or legal remedy, nor any failure by Calce to require the User to strictly comply with any of its obligations, shall constitute a waiver of any other rights or remedies arising from a contract or these Terms and Conditions, nor shall it relieve the User of the obligation to comply with its obligations.
No waiver by Calce of any of these Terms or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. NULLITY
If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining provisions shall remain in effect and shall not be affected by such declaration of nullity.
13. FULL AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Calce regarding the subject matter of the sale and supersede any prior agreement, understanding, or promise, whether oral or written, between the same parties.
The User and Calce acknowledge that they have entered into this agreement without relying on any statement or promise made by the other party, except as expressly set forth in these Terms and Conditions.
14. DATA PROTECTION
Any personal information or data that the User provides to Calce during a transaction on the Website will be processed in accordance with the provisions of the data protection policies (Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and represents that all information or data provided is accurate.
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing of, and/or use of this Website, as well as contracts for the purchase of products through it, shall be governed by Spanish law.
Any dispute, issue, or disagreement arising out of or in connection with access to, browsing of, and/or use of the Website, or with the interpretation and enforcement of these Terms, or with the sales contracts between Calce and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.
16. COMPLAINTS AND CLAIMS
Users may submit complaints, claims, or any other comments they wish to make to Calce using the contact information provided at the beginning of these Terms and Conditions (General Information).
In addition, Calce provides official complaint forms for consumers and users, which they may request from Calce at any time using the contact information provided at the beginning of these Terms and Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase agreement between Calce and the User, the User, as a consumer, may request out-of-court dispute resolution in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. You can access this method via the website: http://ec.europa.eu/consumers/odr/.