GENERAL TERMS AND CONDITIONS OF THE WEBSITE
These General Conditions regulate access to and use of this Website, which is accessed through the main domain www.desireeshoes.com, without prejudice to the use of other auxiliary domains that allow access to the home or to some sections Of the same. The website http://www.desireeshoes.com is owned by GIMENEZ ANTON, S.L., with registered office at Calle Illueca, 28 Polígono Carrús 03206 Elche, Spain with CIF: B-03800422.
The contact address is firstname.lastname@example.org or by phone +34 965430724, or by going to the above address.
DATA OF THE SERVICE PROVIDER
GIMÉNEZ ANTÓN, S.L .: https://www.desireeshoes.com
Company Name: GIMÉNEZ ANTÓN, S.L.,
Registered office: Calle Illueca, 28 - Carrús Industrial Estate, 03206 Elche (Alicante), Elche, Alicante
1.-General conditions of sale
The access, navigation and use of the website https://www.desireeshoes.com and its subdomains are regulated, as well as the responsibilities derived from the use of its contents and pages that make up this Web and that facilitate both information and services that GIMÉNEZ ANTÓN, SL, makes available to users and customers. * SOCIAL REASON * (holder of the Web), consents the use of this Web to GIMÉNEZ ANTÓN, S.L., for the commercialization of its own products and services, according to the norms exposed below.
2.-Acceptance by the User
The user declares the accuracy of the data provided and accepts the responsibility and commitment involved in purchasing a product through the Internet. To carry out the purchase, no prior registration is necessary.
By registering at https://www.desireeshoes.com, the user accepts the terms and conditions of use thereof. These terms and conditions may be modified at any time, these modifications being published on our website. In case of not accepting such modifications, you must unsubscribe from the possible registrations of https://www.desireeshoes.com by sending an email to https://www.desireeshoes.com, indicating that you wish to unsubscribe from the service . This same address can be used to exercise the rights provided in the legislation on Data Protection.
The General Conditions, as well as their Terms and Conditions of Purchase, regulate the contractual agreement between GIMÉNEZ ANTÓN, SL, and the user, so he must click on the "I approve the terms of service", "Accept" or similar during the purchase process, and will thus be bound by the clauses that are established below. In case of doubt, you can always contact us by email at https://www.desireeshoes.com.
3.-Product availability and pricing policy
The products may be acquired by individuals in which case they must declare their full fiscal data.
The articles offered at https://www.desireeshoes.com are only available for the following geographic areas:
- Spain, Spanish peninsular territory and Balearic Islands with the exception of the Canary Islands, Ceuta and Melilla;
- Rest of Europe: Andorra, Portugal, Germany, Austria, Belgium, France, Holland, Italy, Ireland, Luxembourg, Poland, United Kingdom, Czech Republic;
- IMPORTANT: Orders that come from insular regions, such as Madeira, Sardinia, Corsica, etc., can not be accommodated.
- In any case, the company reserves the right not to attend and accept orders from EU countries, when this is indicated by logistical reasons. Users will know at any time if their order has been accepted by the company, through a confirmation email. For this, the user must attend to his email address, also checking the "spam" folder. The company is not responsible for the lack of revision, updating and / or access of the mail of the user / client.
Always check the prices and shipping costs.
GIMÉNEZ ANTÓN, S.L., reserves the right to modify its offer, withdrawing any reference or modifying contents, at any time. Although we will do everything possible to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the confirmation of the same. Therefore, the company reserves the right to cancel the order at any time. The company will not be liable to the clients or to any third party for the fact of withdrawing any product from this website, regardless of whether said product has been ordered or not. The right of the company reaches the possibility of removing or modifying any material or content of the website, or for refusing to process an order once we have sent the order confirmation. In any case, there will always be communication from GIMÉNEZ ANTÓN, S.L., to interested users, about the cancellation of the order.
The prices that appear published include the VAT tax (21%), and the value of the purchase made will be the one exposed at the time of the closing of the commercial operation. If a price modification occurs during the logistics process, this purchase would not suffer any economic alteration.
The sale prices do not include shipping costs, which will be calculated as follows:
Shipping to Spain, Andorra and Portugal: * PRICE *
Shipping to Germany, Austria, Belgium, France, Holland, Italy, Ireland, Luxembourg, Poland, United Kingdom and Czech Republic: * PRICE *
Before proceeding to the payment of your order, always check the areas excluded from the services (European island regions).
The costs thus described will be added during the purchase process, being reflected in the order document.
If we discover an error in the price of the products requested by the customer / user, we will inform you as soon as possible and give you the option to confirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered canceled and you will be reimbursed in full for the amounts that have been paid.
4.-System of Purchase and Payment
4.1. Card payment
To make a purchase, the user must choose the desired products, using the corresponding form and follow the steps indicated on the website. No prior registration of the user will be necessary to complete the purchase. In any case, this will be done through these steps:
• Select the product with the desired color and quantity size;
• Add it to the basket, if you want to buy more products;
• Verify the billing address and shipping of merchandise (may be different, at the user's / client's choice);
• Accept the shipping method and, eventually, the corresponding expenses; • Decide the payment method;
• Check the purchase form with all the fields and Accept (or similar field).
After the whole process, you will automatically receive a confirmation message in your email. Always check the "spam" folder of your email.
If for any technical reason, you do not receive any confirmation notice after 24 hours of purchase, you must contact GIMÉNEZ ANTÓN, S.L., To confirm the purchase, by sending an email to https://www.desireeshoes.com
For payments made with a card, we have a secure payment gateway provided by our financial institution, where you can pay for your order using the data of your card (both credit and debit) connecting directly with the virtual TPV of our Bank. Once the payment is accepted, the order will be processed in less than 24 hours, on business days (Monday to Friday, excluding national and local holidays - Elche, Alicante).
GIMÉNEZ ANTÓN, S.L., states that it does not have access to or store sensitive data related to the means of payment used by the user. Only the corresponding payment processing entity has access to these data in the form of payment and collection management.
If for any circumstance beyond the control of GIMÉNEZ ANTÓN, S.L., the payment is rejected by the secure server of our financial institution, the order will not be processed and the user informed of such circumstance.
5.-Shipping and Returns - Read carefully
If we have the items you request in our warehouse, you will receive your purchase in 24/72 hours (business days), counted from the receipt of payment. For items that we must replace, our average delivery time is approximately 7 to 15 working days. In any case, you will receive an email with the estimated delivery times.
In the case in which the chosen article is sold out or its distribution suffers delays, GIMÉNEZ ANTÓN, S.L., will contact by phone or email with the user, to give a choice between waiting, changing or canceling the article.
Once the purchase is made, you will receive an email indicating the estimated delivery time.
We send our articles by several agencies that must comply with a service of 24 working hours after the shipment. However, sometimes these agencies do not comply with the service for reasons totally unrelated to GIMÉNEZ ANTÓN, S.L., (examples: absences of the recipient, accidents, cause of force majeure, incorrect addresses, etc.). If your purchase is urgent, to avoid delays, incidents and misunderstandings with the delivery person, we advise you to call the agency with the phone you will receive by email once your order has been sent. GIMÉNEZ ANTÓN, S.L., will not be responsible for this type of delays and exceptional.
The carrier is not obliged to deliver the apartment, but will do so at street level.
5.1 Legal right to desist from the purchase
Right of withdrawal
As a user and / or consumer, You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day you acquired the material possession of the goods (delivery).
To exercise the right of withdrawal, you must notify GIMÉNEZ ANTÓN, S.L., The means of contact will be:
-Email: https://www.desireeshoes.com, from the email account with which the user has been identified in the purchase process. No returns will be accepted from other email accounts.
-Corrected mail: GIMÉNEZ ANTÓN, S.L. ,, * ADDRESS *, Elche, Alicante.
In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise by this party of this right be sent before the corresponding term expires.
Consequences of withdrawal
In case of withdrawal, we will refund all payments received from you except the transport costs without any undue delay and, in any case, no later than 14 calendar days from the date on which the returned products are delivered by the transport company in our warehouse.
We will proceed to make such refund using the same means of payment used by you for the initial transaction, or by bank transfer. If you opt for this last method, you must tell us, by email, the exact account number, including the IBAN.
Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods, or until you have presented proof of the return of the same, depending on which condition is met first.
5.2 Contractual right of withdrawal
You will only be responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods (test and non-use).
In no case will withdrawal options be accepted when GIMÉNEZ ANTÓN, S.L., has proof that the items delivered have been used, beyond mere proof.
5.3 Returns of defective products
In the cases in which you consider that at the time of delivery the product does not conform to the stipulations of the contract, you must contact us immediately by means of the email https://www.desireeshoes.com, or well by calling the number (+34) 965 --- --- where we will indicate the way to proceed.
We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable time if the refund or replacement of the product (if applicable) is applicable.
The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is applicable.
The amounts paid for those products that are returned because of some defect or defect, when it actually exists, will be reimbursed in full, including delivery costs.
The refund will be made by the same means of payment that you used to pay for the purchase, or by bank transfers, in which case, you must provide us with your account number, including the IBAN.
5.4 DELIVERY IMPOSSIBILITY
The transportation agency will try to contact you at least twice. If the delivery is unsuccessful, your order will be consigned in the warehouse of the carrier for 10 days before being returned to our warehouse. In this case we will understand that you want to cancel the contract and we will consider it resolved. As a result of the termination of the contract, we will refund all payments received from you (with the exception of transport costs) without undue delay and, in any case, within a maximum period of 14 days from the date we consider resolved contract. Please bear in mind that the transport derived from the return may have an additional cost, so we will be authorized to pass on the corresponding costs.
5.5 Changes and Returns
You have 14 calendar days to return the purchase.
To make a return the user must send an email to https://www.desireeshoes.com or, alternatively, call (+34) 965 --- ---, from Monday to Friday, during working hours, excluding of national and local holidays (Elche, Alicante), considering these days as non-working days.
1º · In the case of return for any reason unrelated to the company:
The product must be returned in the same condition in which it was delivered, with the right use for a mere verification of its good condition and / or functioning. The shipping and collection costs will be borne by the user.
No article will be paid that does not arrive in perfect condition and with its packaging in optimum condition.
To make your return, send us a mail previously explaining the causes to https://www.desireeshoes.com
Once the merchandise is received in our warehouses, and after checking the status of the same, we will proceed to the reimbursement of its amount according to the payment method chosen by the client.
2º · In case of defect or sending error:
The return of defective or erroneous products by GIMÉNEZ ANTÓN, S.L., will be admitted. In these cases, the company will be responsible for shipping costs. Once the returned product arrives at our facilities, we will check the reality of the defect or error of the shipment, sending in your case the item of change without any charge.
If the return is accepted, you will be notified immediately by email. As always, we advise you to check your "spam" folder. As far as possible, GIMÉNEZ ANTÓN, S.L., will also try to contact the user / client by phone.
When the client / user has received confirmation of the accepted return, you must send us the goods without any cost, following these steps:
• Items must be returned in their original packaging and condition.
• Print the shipping label that you will receive in a PDF file attached to the Accepted Return confirmation email.
• Take the package to any office of the transportation company.
If the return was rejected, GIMÉNEZ ANTÓN, S.L., will contact the person who requested it to explain the causes.
Once the packages have been received and the checks have been made, GIMÉNEZ ANTÓN, S.L., will proceed to the total or partial reimbursement (according to the conditions described above) and will be notified by email to the buyer.
The user must be responsible for the quality of shipping and packaging, so GIMÉNEZ ANTÓN, S.L., may refuse a return if the product arrives damaged to its dependencies. GIMÉNEZ ANTÓN, S.L., will reimburse the amount of the product once received and inspected. As for the shipping and return, will be also paid by GIMÉNEZ ANTÓN, S.L., Provided that the reason for the return is due to causes attributable to GIMÉNEZ ANTÓN, S.L., Here are some examples:
• That the references sent do not correspond with those requested.
• That their characteristics do not correspond with those indicated on the website.
• Quality problems in the product (once checked by the technical staff of GIMÉNEZ ANTÓN, S.L.,).
In the event of a return for reasons not attributable to errors in the products received or to the quality of the product, the buyer shall be responsible for collection costs, which may be deducted from the amount of the returned product.
6.-SECURITY AND PRIVACY
6.1 Intellectual property
You acknowledge and consent that all copyright, registered trademark and other intellectual property rights over the materials or content provided as part of the website correspond to us at all times or to those who granted us a license for its use.
6.2 Commitment of the consumer
The GIMÉNEZ ANTÓN, S.L. website may contain links to places that do not belong to the company. As an example, the Web will contain links to the payment gateways of the banks used for the collection of the products sold; and also links to our profiles on Social Networks.
The company is not responsible for the content or the policy practiced by the sites that do not belong to GIMÉNEZ ANTÓN, S.L., Placing special emphasis on the links to Social Networks. The appearance of a link in other sites does not constitute or imply an approval or consent, or even knowledge by GIMÉNEZ ANTÓN, S.L., of the policies of these sites. Access to these links is under the responsibility of the users.
6.4 RESPONSIBILITIES AND GUARANTEES
GIMÉNEZ ANTÓN, S.L., adopts all necessary technical, organizational and legal measures and guarantees for the proper functioning of its website to avoid the existence of viruses or any other harmful element that may harm users. In the event that this type of event occurs, for reasons unrelated to the company, it is not responsible for the damages and losses caused.
The user will not try to have unauthorized access to this web page, to the server in which said page is hosted or to any server, computer or database related to our Web page and / or any of the subdomains or profiles of Social Networks.
Any attempt to attack denial of service or denial of service attack distributed will be communicated to the competent authorities, reserving the company the right to request compensation for damages.
In case of breach of this clause will inform the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this Web page.
We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or of the download of contents of the same or those that it re-directs.
6.5 COMMUNICATIONS IN WRITING
The applicable Spanish regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most communications with us are electronic. For the purposes of the purchase contract and all communications with contractual effects, you consent to use this electronic means of communication and acknowledge that all communications that we send you electronically comply with the legal requirements of being in writing. That is why we insist that you periodically review your "spam" folder.
The notifications that you send us should preferably be sent through our contact form. Alternatively, you can always use the email address https://www.desireeshoes.com.
6.6 Assignment of rights and obligations
The Contract between GIMÉNEZ ANTÓN, S.L., and the users is binding both for GIMÉNEZ ANTÓN, S.L., as well as for the users, as well as for the respective successors and assignees.
You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for You, without having obtained our prior written consent.
GIMÉNEZ ANTÓN, S.L., may transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations deriving from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that you have as consumers recognized by law or will annul, reduce or limit in any other way the guarantees, both express and implied, that we could have given you.
If any of these General Conditions or specific purchase terms, as well as use of the Website, or any provision of a Contract were considered invalid, illegal or unenforceable to any extent by the competent authority, will be separated from the remaining Conditions, conditions and provisions that will remain valid to the extent permitted by law.
6.8 Right to modify these conditions
GIMÉNEZ ANTÓN, S.L., has the right to review and modify these Conditions at any time. The date of the revisions will be published at the beginning of the revisions and they will take effect that same day, leaving without effect, for future contracts, the previous ones.
6.9 Jurisdiction and applicable law
Any controversy or conflict that may arise as a result of the use of the Website will be resolved in accordance with current legislation in Spain, subject to the jurisdiction and competence of the Courts and Tribunals of Elche, Alicante.