1 GENERAL INFORMATION
The ownership of this website www.blandy-shoes.com, (hereinafter Website) is held by:
Tamara Peixoto Cardoso, with NIF: 53364110Q, and whose contact details are:
Address: Rua Concorida 9 2º Oficina 3
Contact email: firstname.lastname@example.org
This document (as well as other documents mentioned here) regulates the conditions under which governs the use of this Website (www.blandy-shoes.com) and the purchase or acquisition of products and / or services in the same (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Blandy Shoes develops through the Web Site includes:
Sale of own brand children's footwear.
Likewise, it is reported that these Conditions could be modified. The User is responsible for Consult them every time you access, browse and / or use the Website since those that are are in force at the time the purchase of products and / or services is requested.
For all the questions that the User may have in relation to the Conditions, they can contact contact with the owner using the contact information provided above or, where appropriate, using the Contact Form.
2. THE USER
Access, navigation and use of the Website confers the condition of user (hereinafter referred to as indistinctly, individually as User or jointly as Users), for which they are accepted, from when you start browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations compliance as appropriate.
The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:
Make use of this Website only to make inquiries and purchases or acquisitions legally valid.
Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature was made, it could be canceled and the relevant authorities would be informed.
Provide truthful and lawful contact information, for example, email address, address postal and / or other data (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and have legal capacity to enter into contracts through this Website.
The Website is aimed mainly at Users residing in Spain. Blandy Shoes does not claim that the Website complies with the laws of other countries, either totally or partially. Blandy Shoes declines all responsibility that may arise from said access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at their choice, with Blandy Shoes the contract for the sale of the products and / or desired services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can buy on the Website by the means and forms established. They must follow the online purchase and / or acquisition procedure www.blandy-shoes.com, during which various products and / or services can be selected and added to the cart, basket or final shopping space and, finally, click on: \ "Formalize Order \"
Likewise, the User must fill in and / or check the information that is requested at each stage during the purchase process, before making the payment.
Next, the User will receive an email confirming that Blandy Shoes has received their order or request for purchase and / or provision of the service, that is, the order confirmation.The User will also be informed by email when the purchase is being shipped. This information could also be made available to the User through their personal account on the Website.
Once the purchase procedure has been approved, the User consents that the Website generates an electronic invoice that will be sent to the User through email and, where appropriate, through your personal account on the Website. Likewise, the User may, if he so wishes, obtain a copy of the paper invoice, requesting it from Blandy Shoes using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being up to date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, in where appropriate, an image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and / or cost of the services; and acknowledges that completion of the purchase or acquisition order acknowledges the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Blandy Shoes through the Website are subject to the availability of the products and / or that no circumstance or cause of external forces (clause nine of these Conditions) affects the supply of the same and / or the provision of services. whether there were production difficulties in terms of product supply, or no products were left in stock, Blandy Shoes undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service would become unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, except that for legal requirement, especially in relation to VAT, a different question is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the website. Thus, Blandy Shoes performs delivery and / or shipping services through: Tipsa.
In no case will the Website add additional costs to the price of a product or service in an automatic manner, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases in respect of which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card
Blandy Shoes uses all means to guarantee the confidentiality and security of the data of payment transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorisations by the bank issuer of the same, if said entity does not authorise the payment, Blandy Shoes will not be responsible for the delay or lack of delivery and will not be able to formalise any contract with the User.
Once Blandy Shoes receives the purchase order from the User through the Website, it will show pre-authorisation on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and / or confirmation of the service provided in the form and, where appropriate, place established.
In any case, by clicking on \ "Formalise Order \" the User confirms that the payment method used is theirs.
In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands), European Union, Rest of Europe
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customisation of the products, the purchase order consisting of the products related in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days counting from the date of order confirmation.
If for any reason, attributable to it, Blandy Shoes could not meet the delivery date, they will contact the User to inform him of the circumstance and, the User may choose to proceed with the purchase setting a new delivery date or cancel the order with a full refund of the price paid. Home deliveries are made on working days.
If it is not possible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order isn and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he must contact Blandy Shoes to arrange delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Blandy Shoes, Blandy Shoes will understand that the User wishes to desist of the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User's own choice of a delivery method other than the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within the term maximum of 15 calendar days from the date the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to to them.
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 in which the User or a third party indicated by the User is in material possession of the products, which will be proved by signing the receipt of the order at the agreed delivery address.
Any risks that the products may derive will be borne by the User from the time of delivery. The User acquires ownership of the products when Blandy Shoes receives full payment of all amounts due in relation to the purchase or acquisition made, including the expenses of shipment, or at the time of delivery, if it takes place at a time before receipt the full amount will be paid by Blandy Shoes.
In accordance with the provisions of Law 37/1992, of December 28, on Value Tax Added (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question. In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 relative to the common VAT system, purchase orders will be located, to its delivery and / or provision, in that Member State of the European Union in which the address that appears in the purchase order is located and, therefore, the applicable VAT will be that in force in said Member State.
For all other locations, apart from the previous ones, where the purchase orders will be located, the User must be aware of the regulations in force at all times to delivery and/ or provision. Note that this could generate the application and accrual of taxes and customs duties at destination, in accordance with current regulations at the destination, and that these could be on the User’s part. To expand information, the User must go to the customs office at his destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is made aware that in the event that it detects that if an error has occurred when entering data necessary to process their purchase request on the Website, they can modify it themselves by contacting Blandy Shoes through the contact spaces provided in the Website, and, where appropriate, via means authorised to contact customer service client, and / or using the contact information provided in the first clause (General information).
Likewise, this information could also be corrected by the User through their personal account on the Website.
In any case, the User, before clicking on \ "Formalise Order \", has access to the space, cart, or basket where your purchase requests are noted and changes can be made.
In the cases in which the User purchases products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:
Right of withdrawal
The User, as consumer and user, makes a purchase on the Website and, therefore, is assisted by the Right to withdraw from said purchase within a period of 15 calendar days without the need for justification.
This withdrawal period will expire 15 calendar days from the day that the User or an authorised third party by the latter, other than the carrier, acquired material possession of the goods acquired on the Website from Blandy Shoes or in the event that the goods that make up your order are delivered separately, to the 15 calendar days from the day that the User or a third party authorised by him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 15 calendar days from the day of the confirmation of the contract.
To exercise this right of withdrawal, the User must notify Blandy Shoes of their decision. They may do so, where appropriate, through the contact spaces provided on the Website. The User, regardless of the means they choose to communicate their decision, must express a clear and unequivocal intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Blandy Shoes makes available attached as part of these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires. In the event of withdrawal, Blandy Shoes will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a modality of delivery other than the least expensive modality offered on the Website) without any undue delay and, in in any case, no later than 15 calendar days from the date on which Blandy Shoes is informed of the decision to withdraw by the User.
Blandy Shoes will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User.
Nevertheless, Blandy Shoes could retain said reimbursement until having received the products or items of the purchase, or until the User presents proof of the return of the same, according to what condition is comply first.
The User can return or send the products to Blandy Shoes at:
Rua Concorida 9 2º Oficina 3
And they must do so without undue delay and, in any case, no later than 15 days from the date that Blandy Shoes was informed of the withdrawal decision.
The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, you will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and the operation of the goods. The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in the Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the text recast of the General Law for the Defense of Consumers and Users and other laws complementary. By way of example, and not exhaustive, this would be the case of: personalised products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory sealed; products that for hygiene or health reasons are sealed and
They have been unsealed after delivery.
In this same sense, the provision of a service that the User may contract on this Site is governed by the Web, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part thatchy are aware that, once the contract has been fully executed by Blandy Shoes, there will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered some damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, as well as a copy of the invoice for purchase.
In the following link you can download the Model withdrawal form: missing to put????
Return of defective products or shipping errors
In those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and, must therefore, contact Blandy Shoes immediately and let them know the existing non-conformity (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, and once returned, they will be examined and the User will be informed, within a reasonable period of time, if there will be a refund or, where appropriate, its replacement.
The refund or replacement of the product will be made as soon as possible and, in any case, within the 15 days after the date on which we send you an email confirming that the refund or replacement of the non-conforming item.
The amount paid for those products that are returned due to a defect, which really exists, will be fully reimbursed, including delivery costs and costs in which the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at all times will always be observed for the User, as consumer and user.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, from Blandy Shoes, including any lack of conformity of the same that is manifested within two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Blandy Shoes and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the quality and usual performance of a product of the same type and that are fundamentally expected from the same.
When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping error.
Nevertheless, some of the products that are marketed on the Website may present characteristics that are not homogeneous as long as they derive from the type of material with which they have been manufactured, and thus they will form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires a product from a made or manufactured by a third party. In this case, and considering the User that it is a product defective, it also has the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise your legal warranty right directly against the same during the two years following the delivery of said products.
For this, the User must have kept all the information in relation to the guarantee of the products. However, to learn more about the After-Sales Service that Blandy Shoes puts at the service of Users of the Website can consult it here: it remains to be put
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Blandy Shoes will not accept any responsibility for the following losses, regardless of their origin: any losses that were not attributable to any breach on the User’s part; business losses (including lost profits, income, contracts, anticipated savings, of data, loss of goodwill or unnecessary expenses incurred); or from any other indirect loss that was not reasonably foreseeable by both parties in the moment in which the contract for the sale of the products was formalised between both parties.
Likewise, Blandy Shoes also limits its liability in the following cases:
Blandy Shoes applies all measures to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or others of this nature.
Blandy Shoes will act with the utmost diligence in order to make itself available to the company in charge of the transport of the product in the purchase order. However, cannot be responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or theft of the product. Or Technical failures that, due to fortuitous or other causes, preventing normal operation of the service over the internet. Lack of availability of the Website for maintenance reasons or others, that prevent the service from being available.
Blandy Shoes puts all means at the User’s fingertips to carry out the process of purchase, payment and shipping / delivery of the products, however it is exempt of responsibility for causes that are not attributable to him, fortuitous events or external forces
Blandy Shoes will not be held responsible for the misuse and / or wear of products that have been used by the User. At the same time, Blandy Shoes will also not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the product correctly.
In general, Blandy Shoes will not be responsible for any failure or delay in the fulfilment of any of the obligations assumed, when it is due to events that are beyond your reasonable control, that is, they are due to extenuating circumstances., and this may include, but not limited to:
Strikes, lockouts or other industrial action. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private. Inability to use public or private telecommunication systems. Acts, decrees, legislation, regulations or restrictions of any government or authority public. In this way, the obligations will be suspended during the period in which the cause of extenuating circumstances. continue, and Blandy Shoes will have an extension to comply with them for a period of time equal to the duration of the extenuating circumstances.
Blandy Shoes will use all reasonable means to find a solution that allows them to fulfil the User’s obligations despite the extenuating circumstances
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Blandy Shoes are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Blandy Shoes send in a electronics meet the legal requirements to be in writing. This condition will not affect the rights recognised by law to the User.
The User can send notifications and / or communicate with Blandy Shoes through the contact information that are provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Blandy Shoes may contact and / or notify the User in their email or at the postal address provided.
No waiver by Blandy Shoes of a specific right or legal action or the lack of requirement by Blandy Shoes of strict compliance by the User of any of their obligations will entail, nor will it waive other rights or actions derived from a contract or the Conditions, nor will it exonerate the User of the fulfilment of his obligations.
No waiver by Blandy Shoes to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalised and communicated to the User in writing.
If any of these Conditions were declared null and void by a final resolution issued by competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the full agreement between the User and Blandy Shoes in relation to the object of sale and supersede any other prior covenant, agreement or promise agreed verbally or in writing by the same parts.
The User and Blandy Shoes acknowledge having consented to the conclusion of a contract without having trusted any statement or promise made by the other party, except as expressly stated mentioned in these Conditions.
14. DATA PROTECTION
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through the They will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Blandy Shoes and the User, will be subject to the non-exclusive jurisdiction of the courts and tribunals Spanish people.
16. COMPLAINTS AND CLAIMS
The User can send Blandy Shoes their complaints, claims or any other comment they wish through the contact details provided at the beginning of these Conditions (Information General).
In addition, Blandy Shoes has official claim sheets available to consumers and users, and that they can request Blandy Shoes at any time, using the data of contact that are provided at the beginning of these Conditions (General Information).
Likewise, if from the conclusion of this purchase contract between Blandy Shoes and the User a dispute arises, the User as a consumer can request an extrajudicial solution of controversies, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.