1.- GENERAL INFORMATION
The ownership of this website, www.calce.es, (hereinafter Website) is held by: Juan Lacarcel S.L, provided with NIF: B02006039 and registered in: Mercantil Register of Albacete and whose contact details are:
C/ La Industria, 5 Bajo
Almansa (02640 )
Télefono: +34 967 34 13 00
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.calce.es) and the purchase or purchase of products and / or services therein (in Conditions).
For the purposes of these Conditions it is understood that the activity that Calce develops through the Website comprises:
Manufacturing of shoes for men
It is also reported that these Conditions could be modified. The User is responsible for consulting them whenever he or she accesses, navigates and / or uses the Website, since those applicable in the moment in which the purchase of products and / or services will be applied will be applicable.
For any questions that the User may have in relation to the Terms, you can contact the owner using the contact information provided above or, if applicable, using the contact form.
2.- THE USER
The access, browsing and use of the Website, confers the status of user (hereinafter referred to, either individually as a User or jointly as Users), for which it is accepted, from the beginning of navigation through the Website, all The Conditions here established, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of compulsory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Make use of this Web Site solely for consultation and legally valid purchases or purchases.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be annulled and the relevant authorities informed.
- Provide truthful and lawful contact information, eg email address, postal address and / or other data (see Legal Notice and General Conditions of Use).
The User declares that he / she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The User may, at his / her option, formalize the contract for the sale of the desired products and / or services in any of the languages in which these Terms are available on this Website.
3.- PROCESS OF PURCHASE OR PURCHASE
Users may purchase on the Website by the means and forms established. They must follow the procedure of purchase and / or online purchase of www.calce.es, during which several products can be selected and added to the cart and finally click on “PROCEED TO CHECKOUT”.
In addition, the User must fill in and / or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Then, the User will receive an email confirming that Calce has received his order or request for purchase and / or provision of the service, ie the order confirmation. And, if applicable, you will also be informed by email when your purchase is being sent. In this case, this information could also be made available to the User through his personal space of connection to the Website.
Once the purchase procedure is concluded, the User consents that the Website generates an electronic invoice that will be sent to the User through the electronic mail. And, where appropriate, through your personal space of connection to the Website. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it to Calce using the contact spaces of the Website or through the contact information provided above.
The User acknowledges to be aware, at the time of the purchase, certain particular conditions of sale that concern the product in question and that are shown next to the presentation or, as the case may be, the image of the latter in its page of the Website, Indicating, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / or cost of the benefits; And recognizes that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable in each case.
All purchase orders received by Calce through the Website are subject to the availability of the products and / or any circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of these and / or the provision Of services. If there are difficulties in the supply of products or there are no products in stock Calce agrees to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service would not be feasible.
5.- PRICES AND PAYMENT
The prices displayed on the website are the end, in Euros (€) and include taxes.
The shipping costs are included in the final prices of the products as shown on the Website. Thus, Calce performs delivery and / or delivery services through: Mail, UPS, Seur, Dachser.
In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but any changes will not affect orders or purchases in respect of which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, PayPal, and Bank transfer.
Calce uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a Secure Socket Layer (SSL) payment system.
The credit cards will be subject to checks and authorizations by the banking entity issuing them, if that entity does not authorize the payment, Calce will not be responsible for any delay or lack of delivery and can not formalize any contract with the User.
If the means of payment is Paypal, credit or debit card the charge will be made at the time Calce sends a confirmation of the purchase order or purchase of products to the User.
In any case, by clicking on “PROCEED TO CHECKOUT” the User confirms that the payment method used is his.
The purchase or purchase orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the system Of payments used by Calce for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
By means of this method of payment, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Calce will not be able to validate the order, which will be canceled.
Deliveries will take place within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union.
Except for cases in which there are unforeseen or extraordinary circumstances or, as the case may be, derived from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website The shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of confirmation of the order.
If for some reason, attributable to himself, Calce could not meet the delivery date, he will contact the User to inform him of this circumstance and he may choose to proceed with the purchase by setting a new delivery date or canceling the order with The full refund of the price paid. In any case, home deliveries are made on weekdays.
If it is impossible to deliver the order in the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to order it to be delivered again.
If the User is not going to be in the place of delivery in the agreed time slot, you must contact Calce to arrange the delivery another day.
In case that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to Calce, Calce will understand that the User wishes to withdraw from the contract and it will be deemed resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, except for the additional expenses resulting from the User’s own choice of a delivery mode different from the less expensive mode of ordinary delivery offered by the Website , Without undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is deemed to have been terminated.
However, the User must keep in mind that the transport derived from the resolution may have an additional cost that can be passed on to him.
For the purposes of these Conditions, it shall be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through The signature of the receipt of the order at the agreed delivery address.
The risks that the products could derive will be borne by the User from the moment of delivery. The User acquires ownership of the products when Calce receives the full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it occurs at a time After the full receipt of the amount subject to payment by Calce.
7.- TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case he detects that there has been an error in entering data necessary to process his purchase request on the Website, he can modify them by contacting Calce through the contact spaces enabled On the Website, and, if applicable, through those authorized to contact the customer service, and / or using the contact information provided in clause one (General Information). Also, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking “PROCEED TO CHECKOUT”, has access to the cart where they are recording their purchase requests and can make modifications.
Likewise, the User is referred to the Legal Notice and General Conditions of Use to obtain more information on how to exercise his right of rectification in accordance with Organic Law 15/1999, of December 13, on Data Protection of Personal character.
8.- EXCHANGES AND RETURNS
The User may request a change without cost within 14 calendar days of the purchase. In cases in which the User wants to make a change you must contact via email at the following address: email@example.com indicating the details of your order and the products you want to change. When we receive the email requesting the change, we will contact you to let you know how to proceed.
In any case, no change will be made if the product has been used beyond the mere opening of it, of products that are not in the same conditions in which they were delivered or that they have suffered some damage after the delivery.
Likewise, the products must be returned using or including all original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
In cases in which the User purchases products on or through the holder’s Website, he / she is granted a series of rights, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, assists the right to withdraw from such purchase within 14 calendar days without justification.
This withdrawal period will expire on the 14 calendar days of the day that the User or a third party authorized by the User, other than the carrier, acquired the material possession of the goods purchased on the Calce Website or in case the goods that make up his Order to be delivered separately, on the 14 calendar days of the day that the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.
In order to exercise this right of withdrawal, the User must notify Calce of his decision. You may do so, if necessary, through the contact spaces enabled on the Website or through:
Phone: +34 967 34 13 00
The User, regardless of the medium he chooses to communicate his decision, must clearly and unequivocally state that it is his intention to withdraw from the purchase contract.
To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to desist is sent before the corresponding term expires.
In the event of withdrawal, Calce will reimburse the User for all payments received, including shipping costs (with the exception of the additional expenses chosen by the User for a mode of delivery different from the least expensive mode offered on the Website) without any Undue delay and, in any case, no later than 14 calendar days from the date Calce is informed of the decision to withdraw by the User.
Calce will reimburse the User using the same method of payment that he used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Calce may retain such reimbursement until it has received the products or articles of purchase, or until the User submits proof of the return thereof, depending on which condition is met first.
The User may return or send the products to Calce at:
C / La Industria, 5 Bajo
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date Calce was informed of the decision to withdraw.
The User acknowledges that he / she must assume the direct cost of returning (transport, delivery) of the goods, if any. In addition, it will be responsible for the decrease in the value of the products resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledge that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for Defense Of Consumers and Users and other complementary laws. In an enunciative, and not exhaustive, this would be the case of: personalized products; Products that may deteriorate or expire quickly; CDs / DVDs of music or video without its packaging, as it is sealed in the factory; Products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
The same provision governs the provision of a service that the User may contract on this Website, as this same Law establishes that the Users’ Right to withdraw will not be present when the service has been fully executed or when it has started , With the express consent of the consumer and user and with the acknowledgment by him that he is aware that, once the contract has been fully executed by Calce, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, products that are not in the same conditions in which they were delivered or have suffered damage after delivery.
Likewise, the products must be returned using or including all original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
Return of defective products or shipping error
These are all cases in which the User considers that, at the time of delivery, the product does not conform to the stipulated in the contract or purchase order, and that, therefore, you should contact Calce immediately And make it known the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement thereof .
The refund or substitution of the product will be made as soon as possible and, in any case, within 14 days after the date on which we send you an email confirming that the refund or replacement of the nonconforming article proceeds.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and costs incurred by the User to make the return. The refund will be made by the same payment method that the User used to pay the purchase.
In any case, it will always be the rights recognized in the legislation in force at any time for the User, as consumer and user.
9.- DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Calce will not accept any responsibility for the following losses, regardless of their origin:
- Any losses that were not attributable to any default on your part,
- (Including lost profits, income, 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 of sale of the products between the two parties was formalized.
Likewise, Calce also limits its responsibility in the following cases:
- Calce applies all measures concerning to provide a faithful visualization of the product in the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used or others Of this kind.
- Calce will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages caused by a poor performance of the transport, especially for reasons such as strikes, roadblocks, and in general any other ones of the sector, resulting in delays, losses or thefts of the product.
- Technical failures that, due to accidental or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Calce puts all the means at its disposal in order to carry out the process of purchase, payment and delivery / delivery of the products, nevertheless it disclaims liability for causes that are not attributable to it, fortuitous or force majeure.
- Calce will not be responsible for the misuse and / or wear of products that have been used by the User. At the same time, Calce will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Calce will not be responsible for any breach or delay in the performance of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to force majeure, and This may include, but not be limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Inability to use trains, ships, airplanes, motor transports or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Calce will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Calce will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
10.- WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Calce are electronic (e-mail or notices posted on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that Calce sends electronically comply with the legal requirements to be in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and / or communicate with Calce through the contact information provided in these Conditions and, if applicable, through the contact spaces of the Website.
Likewise, unless otherwise stated, Calce may contact and / or notify the User in their email or the postal address provided.
No waiver by Calce of a specific right or legal action or lack of request by Calce for the strict compliance by the User of any of its obligations will imply either a waiver of other rights or actions derived from a contract or the Conditions, nor exempt The User of the fulfillment of its obligations.
No waiver by Calce to any of the present Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force, without being affected by said declaration of nullity.
13.- FULL AGREEMENT
These Terms and any document referred to expressly in these constitute the entire agreement between the User and Calce in relation to the object of sale and replace any other agreement, agreement or promise agreed orally or in writing by the same Parties.
The User and Calce acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
14.- DATA PROTECTION
The information or personal data that the User provides to Calce in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the treatment of said information and data and declares that all information or data provided is accurate.
15.-APPLICABLE LAW AND JURISDICTION
The access, navigation and / or use of this Website and the contracts of purchase of products through it will be governed by the Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between Calce and the User, will be submitted to the Non-exclusive jurisdiction of the Spanish courts and tribunals.
16.- COMPLAINTS AND COMPLAINTS
The User can send to Calce his complaints, claims or any other comment he wishes to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Calce has official complaint sheets available to consumers and users, which Calce can request at any time, using the contact information provided at the beginning of these Terms (General Information).
Likewise, if from the conclusion of this purchase agreement between Calce and the User a dispute arises, the User as a consumer may request an out-of-court settlement of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the 21 May 2013 on online dispute resolution in the field of consumer affairs and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.