1. GENERAL INFORMATION 2. OBJECT OF THE CONTRACT 3. IDENTIFICATION OF THE CONTRACTING PARTIES 4. OBLIGATIONS RELATED TO THE PURCHASE PROCEDURE 5. CONDITIONS OF SERVICE 6. RESPONSIBILITIES 7. PURCHASE PROCEDURE 8. PRODUCT SHIPMENT 9. VALIDITY OF THE PURCHASE PROCEDURE AS PROOF OF ACCEPTANCE AND PERFECTION OF THE CONTRACT 10. LEGAL RIGHT TO DESIST FROM THE PURCHASE 11. PURCHASE GUARANTEE 12. PARTIAL NULLITY 13. APPLICABLE LAW AND JURISDICTION
1. GENERAL INFORMATION
In compliance with the provisions of the Royal Decree 1906/99 of 17 December, that approves the electronic contracting with general conditions, and the Law of the Retail Trade (Law 7/1996 of January 15, as amended by Law 47/2002 of 19 December) applicable to the provisions on distance selling in Articles 38 and those that follow.
The present document is the general regulation of the services provided by Kalliwoda Invest, S.L., throughout the Web Site www.andresmachado.com constituting the legal framework that develops this contractual relationship of sale.
These Terms are subject to the provisions of the Law 7/1988 of 13 April, on General Conditions of Contract, Law 26/1984, of 19 July, General Defence of Consumers and Users, as amended by Law 39/2002, of 28 October, transposition into Spanish law of various EU directives on the protection of the interests of consumers and users incorporating amendments introduced by Law 22/2003 of 9 July , bankruptcy, and incorporates the changes introduced by Law 23/2003 of July 10 of Guarantees in the Sale of Consumer Goods, Royal Decree 1906/1999 of 17 December 1999, by which regulates the Telephone and Electronic Contracting with general conditions, the Organic law 15/1999 of December 13, Protection of Personal Data, Law 7/1996 of 15 January Retail Trade, amended by Law 47 / 2002 for the transposition into Spanish law of Directive 97/7/EC on distance contracts, and to adapt the Act to various EU Directives and Law 34/2002 of 11 July on Services Information Society and Electronic Commerce.
The services offered by Kalliwoda Invest, S.L., will be contracted by those that meet the requirements set on the following TERMS AND LEGAL CONDITIONS and are always available on the website www.andresmachado.com.
2. OBJECT OF THE CONTRACT
The contract has the object to regulate the general conditions of the service offered by Kalliwoda Invest, S.L. The services that Kalliwoda Invest, S.L., currently provides and that are the subject of this contract, are of On-line Footwear Sales.
The access to the information is totally free of charge, while the shopping service is onerous, specifying at all times the current price of the product, shipping costs, and tax charges.
The contracting procedure will be carried out in the Spanish language in any case, and Kalliwoda Invest, S.L., may establish the possibility of carrying out the contracting of the service in other specified languages.
3. IDENTIFICATION OF THE CONTRACTING PARTIES
On one side, Kalliwoda Invest, S.L., (also known as www.andresmachado.com) CIF: B-53352498, with registered office at calle Calafates 6, (Pol.Ind IN-II) -03130 - Santa Pola (Alicante), contact phone number +34 666258252 and e-mail address firstname.lastname@example.org. Currently this company is operating through a network with the following domain name: www.andresmachado.com.
Trade Register of Alicante Volume 2303, folio 90 page A-52095; CIF B-53352498
On the other side, the CLIENT, whose data entered to make the purchase or to make a suggestion, through the form established for this purpose, are those that have been entered by him.
All the data contained therein have been entered/registered directly by the CLIENTE,, so the responsibility for the authenticity of the information corresponds directly and exclusively to the CLIENTE.
4. OBLIGATIONS RELATED TO THE PURCHASE PROCEDURE
The CLIENTCLIENT is solely responsible for the accuracy of the data entered by him for the purchase procedure and accepts the obligation to provide true, accurate and complete data.
If the CLIENTCLIENT fails to this obligation, it will be his own responsibility and should account for any possible damages and detriments to www.andresmachado.com or to a third party.
5. CONDITIONS OF SERVICE
The commercial conditions of the service and offers that can be provided by www.andresmachado.com are always shown/ promoted on the website so they can be consulted, stored or printed. www.andresmachado.com is entitled to modify the current Contract Conditions, and any other document exposed/shown on the website.
www.andresmachado.com can be neither held responsible for any eventual delays or failure that may occur in the access, functioning and operation of the Website, nor on its services and / or contents. Furthermore, neither for any interruptions, suspensions or malfunction of itself, whenever these were originated from breakdowns caused by natural disasters or force majeure situations, or extreme urgency, such as strikes, attacks or computer intrusions or any other force majeure or fortuitous cause, as well as errors in the telematic networks of data transfer, and by no means when the error had been produced by a third party outside the Business Organization of www.andresmachado.com.
www.andresmachado.com is responsible for the reliability, veracity and accuracy of the content, data or information regarding the products offered on its Website, unless these had been modified by third parties, external or not to the organization, without express authorization by the company. The service provided by www.andresmachado.com is limited exclusively to making the products offered on the Website available to CLIENTS
The CLIENTundertakes to comply with the provisions of the LEGAL NOTICE and with the CONTRACTING CONDITIONS published by www.andresmachado.com on its Website at the time of purchase of the product.
7. PURCHASE PROCEDURE
All products displayed on the Website www.andresmachado.com are presented in EUROS and carry 21% VAT included in the price.
As of today, the service contracting procedure is carried out completely electronically, being necessary to be registered as a user of the Website in order to start it. The steps to carry out the hiring are the following:
1st Search for articless- The store shows us on the left side the article search engine from where you can search for an article from the chain entered in the form. Existing sections or categories are also presented in the left margin. By clicking on the categories, the different subcategories that depend on it will appear in the central part. The categories that have subcategories are distinguished by being aligned to the right or ending with the sign - On the page of each category or subcategory you will see products on sale or recommended selected by Andrés Machado.
From this page you can also access the list of all articles in the current category indicated as [Show more articles]. - By clicking on an item you will access the particular file of that product with detailed information about it, its photograph and its price in euros. In the file of some products a selector may appear to determine the different characteristics or variations (colour, size, etc.) of the same. These characteristics may vary the price of the item that will be shown at the time of selecting it.
2nd. Add items to your cart- To add any item to your cart you have to click the link [buy] or the icon that represents a shopping cart from the shop window, from the item's file or from the category list. - You can always view your basket by clicking on the link [view basket] that appears in the mini basket. While browsing the store, the mini basket is always displayed, offering you a summary of the status of your basket. Once in the basket you can modify the units of an item, delete items and see the amount of your order. From the basket, the step is taken to make the final purchase by clicking on the link [Process order].
-You can also add items to the basket from your personal area "your orders", an area where your data and purchase history are reflected. Each of the listed orders has a link prepared to be able to include the items of that order in the current basket and thus save time browsing the store if you have to repeat an order already made previously. Of course in the basket you can always make all the necessary modifications to adjust your new order.
3rd. Identify yourself- The next step will be to identify yourself with your email and password if you are already a CLIENTof Andres Machado, or fill in the CLIENTform if it is the first time you buy in our store. Once identified, you will see the screen with the billing and shipping information, the price of the items, the shipping cost that you must select based on your shipping information, and also select the form of payment of your choice.
4th. Finalize your order- Once you have verified that all the data is correct, you must click on the tab [Finish Order] in order to agree and close your order. After this, a screen will be displayed in which you will be informed of the order number assigned to your purchase and other details about it.
8. PRODUCT SHIPMENT
All the products that we offer are in stock. This allows us, that orders confirmed on labor days before 2:00 p.m., can be processed and shipped on that same date. Then, get delivered in the following 24/48 labor hours (peninsula Spain) through the selected transport agency. However, delivery may take a bit longer than stipulated in promotional periods.
In the event that you choose Cash on Delivery as form of payment, this will carry an extra charge corresponding to the commission charged by the transport agency which is of 5% with a minimum of 3 euros plus 21% VAT. Likewise, if you selected this form of payment, we would have to contact you by phone before making the shipment in order to verify your data. If we never got your confirmation, this may result in the cancellation of your order.
Shipping Cost (Spanish VAT included)
|Spain, Peninsula and Balearic Islands||€ 5.00||24/48 hours (weekdays)|
|Canary Islands, Ceuta and Melilla||€ 7.50||3 a 10 días|
|Portugal||€ 7.50||24/48 hours (working hours)|
|Germany, Austria||€ 7.50||3 to 5 days|
|France (Metropolitan)||€ 7.50||3 to 5 days|
|France (Martinique and Guadeloupe)||€50.00||3 to 5 days|
|United Kingdom||€15.00||3 to 10 days|
|Switzerland||€25.00||3 to 10 days|
|Rest of Europe EU (except islands)||€15.00||3 to 10 days|
|Rest of Europe NON-EU (except islands)||€25.00||3 to 10 days|
|European Islands EU||€35.00||3 to 10 days|
|America||€40.00||3 to 10 days|
|Australia||€60.00||3 to 10 days|
|Asia||€45.00||3 to 10 days|
|Africa||€35.00||3 to 10 days|
|Destination||Spain, Peninsula and Balearic Islands|
|Form of Payment||Cash on delivery|
9. VALIDITY OF THE PURCHASE PROCEDURE AS PROOF OF ACCEPTANCE AND PERFECTION OF THE CONTRACT
Both parties expressly declare that the acceptance of the service offer of www.andresmachado.com by the CLIENT, is carried out through the monitoring of the purchase procedure described in the seventh section, PURCHASE PROCEDURE of these contracting conditions.
The fact of telematically following all the steps described in the seventh section for the process of purchasing the products and accessories by the CLIENT, implies the full and express acceptance of these general contracting conditions, understood to be sufficient to contract.
The contract will be perfected from the date on which the CLIENT expresses his agreement with the published contracting conditions, at the time of making the purchase, having to expressly select the acceptance of the same.
10. LEGAL RIGHT TO DESIST FROM THE PURCHASE
10.1. Right of withdrawal
If you are contracting as a consumer and user, 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 that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in case the goods that make up your order are delivered separately, to the 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods. To exercise the right of withdrawal, you must notify KALLIWODA INVEST SL, at the address, Calle Calafates 6, (Pol. Ind IN-II), Santa Pola (Alicante), Spain at +34 656 814 096 // +34 666 258 252, contacting us at the email email@example.com or by our contact form, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). You can use the model withdrawal form that you can download at the end of this section, although its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
10.2. Consequences of withdrawal
In the event of withdrawal on your part, 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, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first. You must return or deliver the products directly to the aforementioned address without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired. The cost of returning the goods will always be borne by the consumer in the way they deem appropriate. You will only be responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
10.3. Contractual right of withdrawal
In addition to the legally recognized right of withdrawal for consumers and users and mentioned in this same section, we grant you a period of 30 days from the Shipping Confirmation to make product returns. In the event that you return the products within the contractual term of the right of withdrawal, but once the legal term has elapsed, only the price paid for such products will be reimbursed. You will bear the direct costs of returning the product. You may exercise your right of withdrawal in accordance with the provisions of clause 10.1 above, although if you notify us of your intention to withdraw from the contract after the legal withdrawal period has elapsed, you must in any case deliver the goods to us within 30 days from the Shipping Confirmation.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the product/s while they are in your possession. Please, return the item using or including all its original packaging, instructions and other accompanying documents. In any case, you must deliver together with the product to be returned the ticket that you will have received at the time of delivery of the product duly completed.
In case you want to return the products, you will be responsible for the return costs. We recommend that you choose Correos (standard Post) as the simplest and cheapest way. Please note that if you decide to return freight collect items to us, we will not accept the package.
After examining the article we will inform you if you are entitled to a refund of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within a period of 14 calendar days from the date on which you communicated your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, whichever condition is met first. The refund will always be made in the same means of payment that you used to pay for the purchase. If you have paid by deposit into account, transfer or cash on delivery, you must provide us with your account number for us to be able to make the corresponding transfer.
11. PURCHASE GUARANTEE
If you contract as a consumer and user, we offer you guarantee on the products that we sell through this website, in the legally established terms for each type of product. Therefore, responding for the lack of conformity of the same manifested within two years from the delivery of the product.
It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily destined of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected.
The measurements in centimeters (CM) that appear in each product are indicative and approximate and do not have a contractual nature.
In this sense, if any of the products does not comply with the contract, you must inform us by following the procedure detailed in the Claims section in the "Exchanges and Returns" section and through any of the methods mentioned in the same.
The products will be exempt from the guarantee if the damage or deterioration thereof is caused by use of the customer, and not by defects or defects arising from the manufacture.
In order to apply the product warranty, it is essential that the customer present the receipt or invoice that was provided when he made the purchase of the product or when it was delivered.
12. PARTIAL NULLITY
If any part of these conditions of service is contrary to Law and, therefore, invalid, this will not affect the other provisions in accordance with Law. The parties undertake to renegotiate those parts of the service conditions that are void and to incorporate them into the rest of the service conditions.
13. APPLICABLE LAW AND JURISDICTION
All issues relating to the Website are governed in each and every one of its extremes by Spanish Laws. Any controversy that may arise or relating to the use of the website will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. To submit any claims regarding the use of our services, you can send an email to the address: firstname.lastname@example.org.