TERMS AND CONDITIONS OF SALE
PURPOSE AND GENERAL
Through its site Chocolatdorshoes.com, LA TIENDA provides information about its products and offers the possibility of their acquisition. Due to the content and purpose of the Website, people who want to benefit from their services must have the status of “Customer”, which acquires completing the registration form and following the steps that THE SHOP subsequently communicates through email. The condition of Client assumes adherence to the Conditions of Use version published at the time the website is accessed.
In any case, there are pages of the Web Site accessible to individuals or companies that do not register or start a product purchase (hereinafter, “Users”). In this sense, Users accessing these parts of the Website agree to be subject to the terms and conditions set forth in these General Conditions, to the extent that they may be applicable.
THE SHOP wants to inform its Clients and Users that it is exclusively addressed to an audience of more than 16 years and that the territory in which it accepts and distributes orders is understood by Peninsula and Balearic Islands (hereinafter, the “Territory”). THE STORE does not send orders abroad (except Portugal) nor, for the moment, to the Canary Islands, Ceuta and Melilla. If a user is interested in receiving an item outside the Peninsula and Balearic territory, you should contact LA TIENDA through the form or send an email to firstname.lastname@example.org, we would study your request and inform you about it.
CONTACT: For any kind of doubt, query or suggestion, you can send us your comments by email to: email@example.com
The descriptions of the products displayed on the Website are made based on the information provided by the suppliers of THE SHOP. However, the information given about each product, as well as the photographs or videos related to them and the trade names, trademarks or distinctive signs of any kind contained in the web site of LA TIENDA, are displayed in Chocolatdorshoes.com for guidance .
All the prices of the products that are indicated through the web page include the VAT and the other taxes that could correspond. These prices do not include the costs of shipping the products.
THE SHOP will do everything possible to please all its customers in the demand for the products. However, on occasion, and because of causes that are difficult to control by the SHARE such as human errors or incidences in the computer systems, it is possible that the quantity finally served by the supplier differs from the order made by THE SHOP to satisfy the orders of the Customers.
In the event that the product is not available after the order has been placed, the Customer will be informed by email of the total or partial cancellation of the order. The partial cancellation of the order due to lack of availability does not entitle the cancellation of the entire order. If following this cancellation the customer wants to return the delivered product must follow the stipulated in the section Return.
The Customer agrees to pay at the time of placing the order. The initial price that appears on the website for each of the products offered will be added the rates corresponding to the relevant shipping costs. In any case, said tariffs will be communicated to the Client before the purchase.
The ticket or proof of purchase that corresponds to the purchase order will be available and can be viewed at Chocolatdorshoes.com in the section “My account”, “Orders”.
The Customer must pay the amount corresponding to his order by payment through credit or debit card (Visa, Mastercard, Visa Electron and / or other similar cards), transfer or account entry in the office of ING Direct. The card with which the payment is made must have a Spanish bank or savings bank as the issuing financial institution. The payment with card is made through PayPal with its security protocols.
The Customer shall notify LA TIENDA of any improper or fraudulent charge on the card used for purchases, by email or telephone, in the shortest possible time for LA TIENDA to make the necessary arrangements.
THE SHOP has the maximum commercially available security measures in the sector. In addition, the external payment process works on a secure server using the Secure Socket Layer (SSL) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible for the Client’s computer and the Website’s. This way, when using the protocol SSL is guaranteed:
That the Client is communicating their data to the PayPal server center and not to any other that tries to impersonate it. That between the Client and the PayPal server center the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
Verisign, the world’s largest company in issuing SSL certificates, guarantees the encryption of data on PayPal.
FORMALIZATION OF ORDERS
CANCELLATION OF ORDERS
THE SHOP will accept cancellations of orders when they are requested before the shipment of the same. To cancel, you must request it through the form “Customer service” or by sending an e-mail to firstname.lastname@example.org.
DEADLINES, PLACE OF DELIVERY AND LOSS
I. Delivery of the product
THE SHOP undertakes to deliver the product in perfect condition at the address indicated by the Customer in the order form, and that in any case must be included within the Territory. In order to optimize the delivery, we thank the Customer to indicate an address in which the order can be delivered within normal working hours.
THE STORE will not be responsible for errors caused in the delivery when the delivery address entered by the Customer in the order form is not realistic or omitted.
THE STORE informs the Customer that it is possible for the same order to be divided into several deliveries.
II. Delivery term
Shipments will be made through a courier company. The order made by you will be delivered within 15-25 working days of the order confirmation. Although the usual delivery time of THE STORE usually ranges from 15 to 20 days, from the completion of the order.
These deadlines are means, and therefore an estimate. For this reason, they may vary for logistical or force majeure reasons. In cases of delays in deliveries, THE STORE will inform its customers as soon as it has knowledge of them.
Each delivery is considered to have been made as soon as the transport company puts the product at the disposal of the Customer, which is materialized through the control system used by the transport company.
In the case of delays in the delivery of orders attributable to THE STORE, the Customer may cancel his order in accordance with the procedure described in Section “11. Return”. Delays in delivery shall not be considered to be cases in which the order has been made available to the Customer by the transport company within the agreed time limit and could not be delivered for cause attributable to the Customer.
Once the order leaves our warehouse, an e-mail will be sent notifying you that your order has been accepted and is being shipped.
For security reasons, THE STORE will not send any orders to PO Boxes or military bases, nor will it accept any order where it is not possible to identify the recipient of the order and its address.
III. Delivery Data, Unrealized Deliveries and Loss
If at the moment of delivery the Customer is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. THE SHOP contracted, as part of the courier service, to carry out a series of follow-up actions aimed at ensuring that delivery takes place.
If after 7 business days after delivery to the distribution of the order has not been arranged delivery, the Customer must contact the store. In the event that the Customer does not do so, after 10 business days from delivery to delivery of the order will be returned to our warehouse and the Customer shall bear the costs of shipping and return to origin of the goods, as well as Associated management costs.
If the reason for which the delivery was not possible is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually range from one to three weeks.
Iv. Diligence in delivery
The Customer must verify the good condition of the package before the carrier who, on account of THE SHOP, make the delivery of the requested product, indicating in the delivery note any anomaly that could detect in the packaging. If, after a review of the product, the Customer detects any incidents such as blows, breaks, indications of having been opened or any defect caused by the product by the consignment, the latter undertakes to communicate it to the STORE via email within the shorter Time, before the next 24 hours from delivery. As of that moment no incidents will be attended by that type (only warranty parts).
I. Return procedure
All products purchased at LA TIENDA may be returned and refunded, provided that the Customer informs LA TIENDA of its intention to return the purchased product (s) within a maximum period of up to 14 working days from the date of delivery And that the rest of the conditions established in this section are met.
Shipping costs include shipping, insurance and customs clearance at source. For deliveries in countries outside the European Union, customs duties at destination or other taxes (tariffs) are not included; It will be the recipient who will have to pay in cash in order to receive the merchandise.
The recipient will be responsible for all import costs and taxes that are generated at the customs office of destination, whether the goods are delivered to him or not.
THE STORE will only accept returns that meet the following requirements:
The product must be in the same state in which it was delivered and must retain its original packaging and labeling.
The shipment must be made using the same box in which it has been received to protect the product. For the case that can not be done with the box with which it was delivered, the Customer must return it in a protective box in order for the product to arrive at the store of LA TIENDA with the maximum possible guarantees.
A copy of the delivery note must be included inside the package, where the products returned and the reason for the return are also marked.
With the objective of facilitating to the Customers the process of return and to be able to make a correct follow-up of the same, THE STORE establishes as the only procedure of return the one established by THE STORE. If the reason for the return is attributable to THE SHOP (the product is defective, it is not the one you requested, etc.), the amount of the refund will be refunded. If the reason is different (the products were served correctly but not to your liking), the cost of the return costs will be borne by the customer.
To proceed with a return, the following steps must be followed:
Inform within 7 calendar days from receipt that the product wants to be returned. The information can be made via email to email@example.com or through the customer service form.
THE STORE will inform the customer of the address to which the product should be sent.
The customer must send it through a courier company of his choice. The return must be paid by the customer.
Inform the courier company used, date and time of the return.
II. CUSTOMER REFUNDS
The return of the products will result in a refund equal to the cost of the returned products minus the cost of the return service.
Only in the event that the delivered product is defective or incorrect, THE SHOP will also reimburse the Customer for the corresponding shipping costs.
Returns and partial cancellations will give rise to partial refunds.
THE STORE will handle the return order under the same system that was used for the payment within 3 days from the confirmation of arrival to the store of the returned order. The application of the refund on the account or card of the Client will depend on the card and the issuing entity. The application period will be up to 7 days for debit cards and up to 30 days for credit cards.
GUARANTEE OF THE PRODUCTS ACQUIRED
THE SHOP acts as distributor of manufacturers that guarantee that the products that are presented for sale in the Chocolatdorshoes.com work correctly and have no defects, nor hidden defects that can make them dangerous or unsuitable for normal use.
The contractual warranty offered is the one usually granted by the manufacturer. Once the Customer has received the product will have the instructions provided by the manufacturer in its box, sufficient for the correct use and installation of the product and all warranty information. No Customer may request a more extensive warranty than the one indicated therein.
THE SHOP will not be obliged to collect the damaged product and the Customer should contact the Manufacturer’s After Sales Service. In this sense, THE SHOP will carry out the actions aimed at providing to the Customer that they request the contact data of said service and will provide to this information sufficient for the presentation of the pertinent claims.
The warranty will lose its validity in case of defects or deterioration caused by external factors, accidents, in particular, electric accidents, wear, installation and use not in accordance with the instructions of the Manufacturer.
Products modified or repaired by the Customer or any other person not authorized by the Manufacturer are excluded from the guarantee. The warranty shall not be applicable to apparent defects and defects of conformity of the product, for which any claim shall be made by the Customer in question within 7 days after delivery of the products. The warranty will not cover products damaged by improper use.
It expressly indicates that the inflatables are not guaranteed because the manufacturers do not facilitate it by the different factors that can affect its correct functioning (punctures, sun exposure, scratches …).
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE STORE has all the rights to the content, design and source code of this website and, especially, without limitation, on photographs, images, texts, logos, designs, trademarks, trade names and data that are Include on the Web.
Clients and Users are warned that such rights are protected by current Spanish and international legislation relating to intellectual and industrial property.
Likewise, and without prejudice to the foregoing, the content of this website is also considered as a computer program, and therefore, it is also applicable to all Spanish and European Community legislation in force in the matter.
It is expressly forbidden the total or partial reproduction of this website, or any of its contents, without the express written permission of THE SHOP.
Likewise, it is totally prohibited to copy, reproduce, adapt, modify, distribute, commercialize, publicly communicate and / or carry out any infringement of current Spanish regulations and / or internments in matters of intellectual and / or industrial property, as well as The use of the contents of the Web, if not with the express prior written authorization of THE STORE.
THE STORE informs that it does not grant any license or implicit authorization regarding intellectual property rights and / or industrial property rights or any other right or property related, directly or indirectly, with the contents included in the Web.
The use of the contents of the web domain for informational and service purposes is authorized only, whenever the source is cited or referred to, and the user is solely responsible for the misuse of the same.
ACCESS AND STAY ON THE WEB. OUR CONTENTS.
Clients and Users are fully responsible for their conduct, when accessing the information of the Web, while browsing in the same, as well as after having accessed.
As a consequence of the above, Customers and Users are solely responsible to THE SHOP and third parties of:
The consequences that may result from a use, for purposes or effects that are illegal or contrary to this document, from any content on the Web, whether or not made by THE SHOP, published or not officially published.
As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Web or its services or prevent normal enjoyment by Other Users.
THE STORE reserves the right to update the contents when it deems convenient, as well as to eliminate them, limit or prevent access to them, temporarily or permanently, as well as deny access to the Web to Customers and Users that does an evil Use of the contents and / or breach any of the conditions that appear in this document.
THE STORE informs that it does not guarantee:
That the access to the Web and / or the link Web be uninterrupted or error free.
That the content or software that the Customers and Users access through the Web or the link Web sites does not contain any errors, computer viruses or other elements in the contents that may cause alterations in your system or in the electronic documents and files Stored in your computer system or cause another type of damage.
The use of the information or content of this Web or linking websites that Customers and Users could perform for their personal purposes.
The information contained in this website must be considered by the Customers and Users as informative and guiding, both in relation to its purpose and its effects, which is why:
THE STORE does not guarantee the accuracy of the information contained in this Web and therefore do not assume any responsibility on the possible damages or discomforts for the Users that could derive some inaccuracy present in the Web.
THE SHOP does not assume any responsibility derived, by way of enunciation but not limiting:
The use that the Customers or Users may make of the materials of this Website or linking sites, whether prohibited or permitted, in violation of the intellectual property rights and / or industrial content of the Web or third parties.
From any damages to Customers or Users caused by normal or abnormal operation of the search tools, the organization or location of the contents and / or access to the Web and, in general, of the errors or problems That are generated in the development or instrumentation of the technical elements that the Web or a program provides to the User.
Of the contents of those pages to which the Clients or Users can access from links included in the Web, whether authorized or not.
The acts or omissions of third parties, regardless of whether these third parties could be linked to THE SHOP through contractual.
From the access of minors to the contents included in the Web, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors in their charge or to install some of the tools of control of the use of Internet with (I) access to materials or contents not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
Of the communications or dialogues in the course of the debates, forums, chats and virtual communities that are organized through or surroundings to the Web and / or sites of link, nor will answer, therefore, of the possible damages and prejudices that suffer The Clients or Individual and / or collective Users as a result of said communications and / or dialogues.
THE STORE will not be responsible in any case when they occur:
Errors or delays in the access to the Website by the Customer when entering their data in the order form, slow or impossible to receive by the recipients of the order confirmation or any anomaly that may arise when these Incidents are due to problems in the Internet, causes of accidental event or force majeure and any other unforeseeable contingency outside the good faith of THE STORE.
Faults or incidents that may occur in communications, deletion or incomplete transmissions, so that the services of the website are not guaranteed to be constantly operational.
Of the errors or damages produced to the web site by a use of the service inefficient and in bad faith by the Client.
Of the non-operability or problems in the email address provided by the Client for the sending of the order confirmation.
In any case, LA TIENDA is committed to solve the problems that may arise and to offer all the necessary support to the Client to arrive at a quick and satisfactory solution of the incidence.
Likewise, LA TIENDA is entitled to carry out, during defined temporary intervals, promotional campaigns to promote the registration of new members in its service. THE STORE reserves the right to modify the conditions of application of the promotions, to extend them by communicating it properly, or to proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation of the same.
Customers and Users undertake to navigate the website and use the content in good faith.
The data of the Customers will be used for the sending through e-mail of the sales realized by THE STORE and for the delivery of the purchases.
By the mere visit to the Web, the Users do not provide any personal information nor is obliged to provide it.
THE SHOP undertakes to keep the maximum reservation and confidentiality on the information provided to it and to use it only for the indicated purposes.
THE SHOP presumes that the data has been entered by its owner or by a person authorized by it, as well as that it is correct and accurate.
It is up to the Customers to update their own data. At any time, the Client will have the right to access, rectify, cancel and oppose all personal data included in the different registration forms. To modify or update your personal data, you must access Chocolatdorshoes.com, under the “My Account” section. To cancel your account write an email from the email of your account to firstname.lastname@example.org with the subject “Cancel account”.
Therefore, the Client is responsible for the accuracy of the data and THE SHOP will not be responsible for its inaccuracy of the personal data of the Customers. In accordance with current legislation on data protection, LA TIENDA has adopted the appropriate levels of security for the data provided by Customers and has installed all means and measures at its disposal to prevent loss, misuse, Alteration, unauthorized access and extraction thereof.
THE SHOP may not exercise any of the rights and powers conferred in this document which in no way implies the waiver of the same unless expressly acknowledged by the SHOP or prescription of the action that in each case corresponds.
MODIFICATION OF CONDITIONS OF USE
THE SHOP reserves the right to modify, at any time, the presentation and configuration of the Website, as well as the present General Conditions. For this reason, LA TIENDA recommends that the Client read them carefully every time he or she accesses the Website.
APPLICABLE LAW AND ARBITRATION
Updated on 05/24/2016