General terms and conditions of business
This contractual document will govern the contracting of products and services through the website https://www.lolacruz.com/, property of NAVIMA CALZADOS, S.L, hereinafter PROVIDER.
The acceptance of this document implies that the USER:
- Has read, understands and understands the above.
- It is a person with sufficient capacity to contract.
- It assumes all the obligations here arranged.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the website of the PROVIDER.
The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this being able to affect the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the supplier of the goods or services contracted by the USER is NAVIMA CALZADOS, S.L, with registered address Parque Tecnológico Paterna - Calle Charles Darwin, 28 - 46980 Paterna (Valencia), NIF B96779012 and with customer service telephone / USER 961509662.
On the other hand, the USER, registered on the website by means of a user name and password, over which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a determined price and publicly displayed through the website, of a specific product or service.
The USER will select a user name and a password, committing to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or of the possible access by an unauthorised third party, so that the latter proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Shipment of orders.
- Right of withdrawal.
- Force majeure.
- Generalities of the offer.
- Price and period of validity of the offer.
- Transport costs.
- Method of payment, expenses and discounts.
- Purchase process.
- Applicable guarantees.
- Guarantees and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACT CLAUSES
Unless otherwise stipulated in writing, the placing of an order to the PROVIDER shall imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING ORDERS
The PROVIDER will not send any order until it has verified that payment has been made.
Shipments of goods will usually be made by UPS or NACEX, according to the destination freely designated by the USER.
The delivery dates or deadlines will be understood as approximate, not constituting the delay essential breach. In the event that the PROVIDER had not delivered the goods within 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without thereby deriving any liability for damages attributable to the PROVIDER.
The delivery time is usually between 2 and 5 working days, depending on the population of destination and the method of payment chosen. This term is understood as long as the availability of the goods has been confirmed and the complete payment of the order has been verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the information provided by the USER is false, inaccurate or incomplete.
The delivery will be considered completed at the time the carrier has made the products available to the USER and he, or his delegate, has signed the document of receipt of the delivery.
It is up to the USER to verify the products upon receipt and expose all the reservations and claims that may be justified in the document of receipt of the delivery.
In the event that the contract does not involve the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to be followed to make this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and / or claim any defects or defects presented by the product or service, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014 of 27 March). Unless the return is made by defects in the product, the costs related to shipping will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal may not apply in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or these are not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
3. When the product is opened without being able to demonstrate that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalised products or those which, for reasons of hygiene or other legally foreseen exceptions, are not susceptible to this right.
All returns must be communicated to the PROVIDER, requesting a return number (RMA) through the RMA form enabled for it, or by email to firstname.lastname@example.org, indicating the invoice or order number.
Once the USER has received the RMA number, he/she will send the product to the PROVIDER, indicating this number in the letter of dispatch, with the transport costs at his/her expense, at the address of NAVIMA CALZADOS, S.L, Parque Tecnológico Paterna - Calle Charles Darwin, 28 - 46980 Paterna (Valencia).
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: NAVIMA CALZADOS, S.L, Parque Tecnológico Paterna - Calle Charles Darwin, 28 - 46980 Paterna (Valencia) Telephone: 961509662 Mail: email@example.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any fault due to a greater cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of NAVIMA CALZADOS, S.L or herein stipulated will have effect, unless express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices shown for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.
The prices applicable to each product are those published on the website and shall be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all details of the budget: items, quantities, price, availability, transportation costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the purchased product to the email address provided by the USER.
For any information about the order, the USER may contact through the customer service telephone of the PROVIDER 961509662 or via email to the address firstname.lastname@example.org.
9. TRANSPORT COSTS
The prices include shipping or communication costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
• Bank transfer
• Credit Card
11. PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalogue can be added to the basket. In it, only the articles, the quantity, the price and the total amount will be observed.
Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets have no administrative link, it is only a section where you can simulate a budget without any commitment by both parties.
From the basket you can make an order following the following steps for its correct formalization:
1. - Checking the invoicing data.
2. - Checking the shipping address.
3. - Selection of payment method.
4. - Place an order (buy).
Once the order has been processed, the system instantly sends an e-mail to the management department of the PROVIDER.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent confirming the status of the order.
12. APPLICABLE WARRANTIES
All the products offered through the website are completely original, unless otherwise indicated in your website.
description. All have a guarantee period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
13. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of 10 July on Guarantees for the sale of consumer goods:
I) Conformity of the products with the contract
Unless proven otherwise, products shall be deemed to be in conformity with the contract provided that they comply with all the requirements set out below, except where the circumstances of the case do not make any of them applicable:
a) conform to the description given by NAVIMA CALZADOS, S.L.
b) Are suitable for the uses to which products of the same type are ordinarily destined.
c) Are suitable for any special use required by the client when it has been brought to the attention of NAVIMA CALZADOS, S.L at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
d) Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by NAVIMA CALZADOS, S.L.
e) NAVIMA CALZADOS, S.L describes the details, technical characteristics and photographs of the products provided by the manufacturer of the same, so that is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will be equivalent to the lack of conformity of the same when the installation is included in the sales contract and has been carried out by NAVIMA CALZADOS, S.L or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. No liability shall be incurred for any lack of conformity that the USER is aware of or could not have been unaware of at the time of conclusion of the contract or that originates from materials supplied by the USER.
II) Responsibility of the PROVIDER
NAVIMA CALZADOS, S.L will respond to the USER for any lack of conformity that exists at the time of delivery of the product. NAVIMA CALZADOS, S.L recognises that the USER has the right to repair the product, replace it, reduce the price and terminate the contract.
III) Repair and replacement of products
If the product is not in conformity with the contract, the USER may choose to demand the repair or replacement of the product, unless one of these options is impossible or disproportionate. From the moment the USER notifies NAVIMA CALZADOS, S.L of the option chosen, both parties must comply. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement does not bring the product into conformity with the contract.
2. Any form of cleaning imposed on NAVIMA CALZADOS, S.L which, in comparison with the other form of cleaning, is not reasonable shall be considered disproportionate, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of cleaning could be carried out without major inconveniences for the USER.
IV) Rules of repair or replacement of the product
The repair and replacement will conform to the following rules: a) They will be free for the USER.
This gratuity shall include the necessary expenses incurred to remedy the non-conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) They will be carried out within a reasonable period of time and without major inconvenience to the user, taking into account the nature of the products and the purpose they had for the USER.
c) The repair suspends the calculation of the periods referred to in article VII. The suspension period will begin when the USER makes the product available to NAVIMA CALZADOS, S.L and will conclude with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product, NAVIMA CALZADOS, S.L shall be liable for the lack of conformity that caused the repair. It is presumed that it is the same lack of conformity when defects of the same origin are reproduced in the product as those initially manifested.
d) The substitution suspends the periods referred to in article VII from the exercise of the option until the delivery of the new product. In any event, the second paragraph of Article VII shall apply to the substitute product.
e) If once the repair has been completed and the product has been delivered, it still does not conform to the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract under the terms of article V. The USER shall be entitled to demand the replacement of the product, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract under the terms of article V. The USER shall be entitled to demand the replacement of the product, within the limits established in section 2 of article IV.
f) If the substitution fails to bring the product into conformity with the contract, the USER may demand the repair of the same, within the limits established in paragraph 2 of article IV, or the reduction of the price or the termination of the contract in the terms of articles V and VI.
g) The USER will not be able to demand the substitution in the case of non fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The price reduction and the termination of the contract will proceed, at the choice of the USER, when the latter cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period or without major inconvenience to the USER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
NAVIMA CALZADOS, S.L. is liable for any lack of conformity that becomes apparent within two years of delivery. For second-hand products, NAVIMA CALZADOS, S.L and the USER may agree on a shorter period, which may not be less than one year from delivery.
In the absence of proof to the contrary, it shall be presumed that the lack of conformity manifested in the six months following delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
In the absence of proof to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or on the purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the provisions of the preceding articles prescribes three years from delivery of the product.
4. The USER must inform NAVIMA CALZADOS, S.L of the lack of conformity within two months of becoming aware of it.
In the absence of proof to the contrary, it shall be understood that the USER'S communication has taken place within the established term.
VIII) Action against the producer
When it is impossible for the USER or an excessive burden to go to NAVIMA CALZADOS, S.L due to the lack of conformity of the products with the sales contract, the USER will be able to claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the responsibility of the producer ceases, within the same terms and conditions as those established for NAVIMA CALZADOS, S.L, the producer will be liable for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
A producer is understood to be the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such by indicating his name, trademark or other distinctive sign on the product.
Whoever has responded to the USER, will have a period of one year to repeat responsible for the lack of conformity. This period is calculated from the time when the remediation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in that which is not expressly established. The PROVIDER and the USER agree to submit any controversy that may arise from the provision of products or services subject to these Conditions of the courts and tribunals of the domicile of the USER.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to the town of Paterna (Spain).