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TERMS AND CONDITIONS
1. INTRODUCTION This document (together with all the documents mentioned in it) establishes the conditions governing the use of this website (www.novayasdescalzo.com) and the purchase of products on it (hereinafter, the "Conditions"). Please read these Conditions, our Cookies Policy and our Privacy Policy (together, the "Data Protection Policies") carefully before using this website. By using this website or placing an order through it, you consent to be bound by these Conditions and by our Data Protection Policies, so if you do not agree with all the Conditions and with the Protection Policies of Data, you must not use this website. These Conditions could be modified. It is your responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable or, in the absence of these, at the time of use of the website, they will be those that are applicable to you. If you have any questions related to the Conditions or the Data Protection Policies, you can contact us through our contact form. The contract may be formalized, at your choice, the Conditions are available on this website.
2. OUR DATA The sale of items through this website is carried out under the name Novayasdescalzo.
ABOUT OUR PRODUCTS:
We are a buying and selling portal that we work as intermediaries between client and supplier, so we do not handle or make shipments, the supplier tells us that it only sells original products.
RETURNS:
In case of a claim or query regarding the shipment, you can contact our customer service center.
Novayasdescalzo ® we guarantee our clients the possibility of canceling their order as long as the cancellation is communicated before the order has been processed (approximate time 2 hours from the purchase) and will have a charge of €5 for management. To request cancellation of the order, you must send an email to Novayasdescalzo.inf[email protected] and the refund of the amount paid will be processed.
The customer will have a period of fifteen calendar days from receipt of the order to terminate the contract and return the purchased product. The client will notify us within the stipulated period and by any means allowed by law, his desire to exercise the right to terminate the contract. The merchandise must be delivered together with the delivery note and, where appropriate, an invoice issued to Novayasdescalzo ®, with the customer bearing the return costs. To consult the return address, write us a message.
The customer may return any item purchased at Novayasdescalzo ® as long as the products have not been used, retain their original seal or packaging and either their foot size does not correspond to that of their order or they do not arrive in perfect condition. In the event that these requirements are met, Novayasdescalzo ® will return the money for the purchase through a payment to the credit card, by means of a bank transfer to the account indicated by the client or by means of a payment to their personal account.
If a product other than the one requested by the customer is delivered by mistake by Novayasdescalzo ®, it will be withdrawn and the correct product will be delivered at no additional charge to the buyer.
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE The information or personal data that you provide us about you will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.
4. USE OF OUR WEBSITE By using this website and placing orders through it, you agree to:
4.1. Make use of this website only to make legally valid queries or orders.
4.2. Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
4.3. Provide us with your email address, postal address and/or other contact information truthfully and accurately. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY Items offered through this website are available for shipment internationally.
6. HOW TO PLACE AN ORDER To place an order, you must follow the online purchase procedure and click on "Authorize payment". Following this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also notify you by email that the product is being shipped (the "Shipping Confirmation").
7. AVAILABILITY OF THE PRODUCTS All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.
8. DELIVERY Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product/s listed in each Shipping Confirmation within the period indicated on the website according to the selected shipping method and, in any case, within a maximum period of 90 days from the date of the Order Confirmation. If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Keep in mind, in any case, that we do not make home deliveries on Saturdays or Sundays. For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the time the that you or a third party indicated by you acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address. If we are unable to deliver your order, we will try to find a safe place to leave it. If we are unable to find a safe location, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to have it shipped to you again. If you are not going to be at the delivery location at the agreed time, please contact us to arrange delivery on another day. In the event that 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from 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, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method that we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract terminated. Please, keep in mind that the transport derived from the resolution may have an additional cost, for which we will be authorized to pass on the corresponding costs.
9. PRICE AND PAYMENT The prices on the website DO NOT include VAT, the prices on the website include shipping (PRICE NOT SUBJECT TO TARIFFS). Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you can modify the data of your order. There is a detailed description of the purchase process in the Purchase Guide. In addition, if you are a registered user, you have a detail of all the orders made in the My Account section. The client becomes a Taxable Subject of VAT and responsible for his payment to HACIENDA-CORREOS upon receiving the merchandise, which is 21% of the value of the purchase he has just made.
10. RETURN POLICY
10.1 RETURN POLICY In cases where you consider that at the time of delivery the product does not conform to the provisions of the contract, you have 14 days from the time you receive your order to contact us using the contact form of our page, providing the data of the product and order, as well as the damage it suffers, to which we will immediately attend to the way to proceed. In any case, it will be necessary to send a photograph of the product in question as an attachment to the form to assess whether the partial or full refund of the amount is appropriate. A courier company will be provided for the collection of the product.
10.2 CANCELLATION POLICY Refunds made while the order is still in transit will incur a penalty of €5 per product. The difference in time from when the order is processed until the claim is made does not matter. Whether it is 1 minute or 25 days after payment of the order, the €5 penalty will remain in effect. The cancellation of the product is only allowed, before it leaves the origin and once the product arrives, but in no case can the order be canceled while it is still in transit.
10.3 PACKAGES NOT PICKED UP. In the event of a wrong address or after 15 days have elapsed from the receipt of the package in the post office, and in the event that after several notices by the post office, the package was not picked up by the client, and therefore, forwarded to origin, Novayasdescalzo will not will be responsible for the refund of said order. In the event that the client wants to receive said order again, they must pay 50% of the value of the order as a supplement, to an account that we ourselves will provide to the client, and in this way, Novayasdescalzo will send said package to its recipient again.
10.4 CHANGES OF SIZE / CHANGES OF MODEL / REFUND FOR RETURN OF THE PRODUCT
In the event that the product that you wish to return as a change in size, change in model or refund for returning the product, arrives at Novayasdescalzo in poor condition or the product is clearly seen to have been used, Novayasdescalzo will refund €10 less than the value of the product (EJ : you want to refund a product worth €40, because you do not like the product, but when you arrive at Novayasdescalzo the product is clearly used. €30 will be refunded to your account).
No type of exchange or refund to the customer is accepted for a change in size, due to a customer error when requesting a size that does not fit their needs, or if they do not like the product. The exchange or refund will only be made in the event of an error on the part of Novayasdescalzo, such as sending a size that the client had not requested or sending a model that the client had not requested. We change and refund any type of product that arrives in poor condition to the customer.
In the event that the product is already damaged when you receive it, do not worry, we will do the process at no cost.
No article in promotion, discount or raffle can be changed or refunded since some products that are offered, well below their real value, or are given away, do not always coincide with the photo that can be seen on the website.
Refunds are made between 15-40 business days from the time the user reports the incident. It takes so much time since you have to open a dispute between the buyer and the seller, to finally be able to obtain an equitable result for both parties.
11. NOTIFICATIONS The notifications that you send us should preferably be sent through our contact form, we can send communications either to the e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered by post or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
12. ASSIGNMENT OF RIGHTS AND OBLIGATIONS The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We can transmit, assign, encumber,
subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , which we could have granted.
13. EVENTS OUT OF OUR CONTROL We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Force Majeure"). Causes of Force Majeure will include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and, among others, the following:
13.1. Strikes, lockouts or other industrial action.
13.2. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
13.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
13.4. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
13.5. Inability to use public or private telecommunication systems.
13.6. Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to perform our obligations despite the Force Majeure Event.
14. WAIVER The lack of requirement on our part of the strict compliance on your part of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that could correspond by virtue of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exempt you from complying with said obligations. No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.
15. PARTIAL NULLITY If any of these Conditions or any provision of a contract were declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
16. COMPLETE AGREEMENT These Conditions and any document expressly referred to in them constitute the entire agreement existing between you and us in relation to the object of the same and replace any other agreement, agreement or previous promise agreed between you and us orally or in writing. You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except as expressly mentioned in these Conditions. Neither you nor we will have any remedy against any misrepresentation made by the other party, verbal or written, prior to the date of a contract (unless such misrepresentation was made fraudulently) and the only remedy available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
17. OUR RIGHT TO MODIFY THESE TERMS We have the right to review and modify these Terms at any time. You will be subject to the policies and Conditions in force at the time you use this website or make each order, unless by law or decision of government agencies we must make retroactive changes in said policies, Conditions or Privacy Statement, in In which case, the possible changes will also affect the orders that you had previously made.
18. LEGISLACIÓN APLICABLE Y JURISDICCIÓN El uso de nuestra página web y los contratos de compra de productos a través dicha página web se regirán por la legislación española. Cualquier controversia que surja o guarde relación con el uso de la página web o con dichos contratos será sometida a la jurisdicción no exclusiva de los juzgados y tribunales españoles. Si usted está contratando como consumidor, nada en la presente cláusula afectará a los derechos que como tal le reconoce la legislación vigente.
19. COMENTARIOS Y SUGERENCIAS Sus comentarios y sugerencias serán bien recibidos. Le rogamos que nos envÃe tales comentarios y sugerencias a través de nuestro formulario de contacto.