Terms of use
TERMS OF USE
These General Terms of Use, Terms of Sale and Privacy Policy (hereinafter ‘Terms of Use’) govern the use of the website www.carminashoemaker.com (hereinafter ‘the Website’) owned by ALTA ZAPATERIA BALEAR,SL. ALTA ZAPATERIA BALEAR,SL. is a Spanish limited liability company with place of business at c/ Berenguer d'Anoia 60, 07300 Inca (Mallorca), with Tax Number B- 07903735, registered in the Company Register of Baleares (page 157, book 1.579, section 8ª related to Entities, sheet PM 29.676).
Through its website www.carminashoemaker.com, ALTA ZAPATERIA BALEAR, SL. provides information on its products and services and offers the possibility of buying the same. Due to the content and purpose of the Website, anyone wishing to buy any of its products (hereinafter ‘clients’) shall have to complete all the fields on the form before placing an order and mark consent to and acceptance of the Terms of Use as updated and posted at the time of access to the Website.
In any case, certain Website pages may be accessed by individuals and companies who do not actually make any purchase whatsoever (hereinafter ‘users’). In this respect, users accessing those parts of the Website agree to be bound by the terms and conditions contained in these General Terms, to the extent applicable to them.
ALTA ZAPATERIA BALEAR, SL. advises its clients and users that it is addressing people aged over 18 only.
PRODUCT INFORMATION
The descriptions of the products on display at the Website are intended to be as close as possible to the finished product. The information given on each product and the product pictures or videos are however provided for the guidance only. The product´s price may not include transport costs; they will be shown at the end of the shopping procedure.
The colours of the leather displayed on our 3D custom-tool are for illustrative purposes. Although we make the continuous effort to update our tool in order to depict colours as accurately as possible, we cannot guarantee that your display will depict the colour of the product accurately. We also ask our customers to bear in mind that leather is a natural product and can vary slightly in tone from one hide to the other. Our customer service team is at your complete disposal and will be more than happy to provide you with images of our available leather options for your further reference. Leather samples are also available upon request.
ALTA ZAPATERIA BALEAR, SL. Informs the client that some of the products in the Outlet section may display very minor and superficial aesthetic blemishes, none of which will compromise the integrity/quality of the product. We ask our clients to bear in mind that Outlet items are generally comprised of products from past collections, and benefit from a 30% discount to ensure that they are off our shelves and receiving appropriate care.
AVAILABILITY
ALTA ZAPATERIA BALEAR, SL. informs the client that ALTA ZAPATERIA BALEAR, SL. shall in no case deliberately offer for sale more units than those held in stock and will use its best efforts to serve the demand for products of all its clients. However, it may sometimes happen, due to circumstances reasonably beyond ALTA ZAPATERIA BALEAR, SL’s control, such as human error or information technology system incidents, that the quantity ultimately offered for sale differs from what is held in stock.
Partial cancellation of the order because the product is out of stock shall not allow the entire order to be cancelled. If upon this cancellation occurring the client should wish to return the product delivered, then the provisions of the section Return shall be observed.
PAYMENT
The client agrees to pay upon placing the order. Delivery expenses shall be added to the initial price listed at the website for each of the products on offer at the applicable rates, where appropriate. In any event, the client will be advised of those rates before completing the purchase. The proof of purchase underlying the purchase order shall be sent to the e-mail address provided by the actual client when completing the order form. The client shall pay the amount shown on the order by credit or debit card payment or PayPal.
TAXES
All prices include the corresponding VAT when applies. The acquisitions with the European Union are subject to VAT. The acquisitions outside European Union and Canary islands, Melilla and Ceuta, are VAT exempt, without prejudice to the application of taxes and custom duties pursuant to the regulations in force in each of these territories.
SECURITY
ALTA ZAPATERIA BALEAR, SL. has the highest level of security commercially available in the sector. In addition, the payment procedure runs on a secure server using the SSL (Secure Sockets Layer) protocol. The secure server establishes a connection for the information to be transmitted by 128-bit encryption, which ensures that it will be intelligible only to the client’s and the Website’s computer. Accordingly, use of the SSL protocol guarantees:
-That the client is communicating the data to ALTA ZAPATERIA BALEAR, SL’s server centre and not to any other purporting to be that centre.
- That data is transmitted encrypted between the client and ALTA ZAPATERIA BALEAR, SL’s server centre, preventing it from being read or manipulated by third parties.
In addition, ALTA ZAPATERIA BALEAR, SL. represents that it has no access to and therefore does not store confidential data as to the payment means used.
Only ‘Banco Santander’ has access to that data in order to manage payments and collections which are not accessible to other parties.
PLACING ORDERS
Upon the order being completed, the Terms of Use being accepted, and the purchase procedure being confirmed, ALTA ZAPATERIA BALEAR, SL. shall always send the client an e-mail confirming the details of the purchase made.
If an item is not available in stock at the time of purchase, it will be sent into manufacturing (excluding the Outlet section). Customers will be informed of stock availability directly through the product page, at checkout and through the order confirmation email.
ALTA ZAPATERÍA BALEAR, SL. Informs the clients that the manufacturing timeframe may vary or be extended if the customer requests modifications to orders, which are already in production.
ORDER CANCELLATIONS
ALTA ZAPATERIA BALEAR, SL. will accept order cancellations when requested before the orders are dispatched from our warehouses and if the items are eligible for cancellation.
For cancellation, you should send an email to info@carminashoeamker.com.
ALTA ZAPATERIA BALEAR, SL. Will not accept cancellations of orders which have been modified per the client’s request, unless the modification is yet to be completed, e.g., toe-tap installations, half-rubber sole installations, mirror shine, etc.
ALTA ZAPATERIA BALEAR, SL. Will not accept cancellations of custom-made and MTO, unless manufacturing has not yet commenced.
ALTA ZAPATERIA BALEAR, SL. Will not accept cancellation of orders containing exotic leather items once the CITES certificate has been requested. CITES documentation will be requested approximately 2-7 days after the order has been placed, as long as the requested item is available in stock.
Once the order has been dispatched, no order cancellations shall be accepted for operational reasons. If you should nevertheless wish to cancel the order once it has departed from our warehouses, you should proceed with a return, taking the steps set out in the Returns section.
DELIVERY LEAD TIMES, LOCATIONS AND LOSS
1. PRODUCT DELIVERY
ALTA ZAPATERIA BALEAR, SL. agrees to deliver the product in perfect condition at the address designated by the client on the order form. In order to optimise delivery, we would appreciate the client specifying an address at which the order may be delivered during normal working hours.
ALTA ZAPATERIA BALEAR, SL. shall not be liable for delivery errors when the delivery address entered by the client on the order form is inaccurate or omitted.
ALTA ZAPATERIA BALEAR, SL. informs the client that a same order may be divided into several deliveries.
ALTA ZAPATERIA BALEAR, SL. informs the client that all orders are shipped with ‘signature required’ instructions to ensure that we are able to protect our customers in the case of a delivery incident.
Should you instruct that the shipment be delivered with ‘no signature required’ ALTA ZAPATERIA BALEAR, SL. will not be able to take responsibility in the case of theft/loss.
Should your order experience an incident in transit to your address, please urgently communicate this to our customer service team so that we are able to assist you and initiate an investigation if necessary.
2. LEAD TIME
The lead time set for deliveries shall be between 3 or 7 business days using private courier or up to 15 using national post, depending on the customer residence. In case it is in the foreign the delivery lead time could up to two weeks. Each delivery shall be deemed when the courier company makes the product available to the client. This information is merely for informative purposes. In the event of late delivery of orders attributable to ALTA ZAPATERIA BALEAR, SL., the client will be able to cancel the order in accordance with the procedure described in the ‘Returns’ section.
No late delivery shall be deemed to have occurred where the order is made available to the client by the carrier within the agreed time and delivery could not be made for reasons attributable to the client.
3. FAILED DELIVERIES AND LOSS
If at the time of delivery, the Client is absent, the carrier shall leave a note specifying how to arrange a new delivery. If the order cannot be delivered 3 to 5 working days after being dispatched for delivery, it will be returned to our warehouses and the Client shall have to bear the delivery expenses, even if two or more pairs have been bought, if the order was made from the Peninsula or the Balearic Isles, or three or more pairs if the order was made from any other country. In addition, the Client shall bear the expenses of returning the goods to their point of departure, and associated handling expenses, if any. These expenses shall be taken from the amount paid upon the goods being purchased. If the reason why delivery cannot be made is because the package has been lost, our carrier shall start an investigation. In these cases, the time for our carriers to reply usually ranges between one and three weeks.
4. CARE UPON DELIVERY
The client shall check that the package is in good condition in front of the carrier delivering the product ordered on behalf of ALTA ZAPATERIA BALEAR, SL., specifying on the delivery note anything wrong with the packaging. If, subsequently, after checking the product, the client should detect anything wrong such as that the package is bumped, broken, shows signs of having been opened or has been howsoever damaged by carriage, the client agrees to report to ALTA ZAPATERIA BALEAR, SL. by e-mail as soon as possible and within not more than 7 working days from delivery.
In the event that the Client receives an incorrect item, an incomplete shipment, a damaged parcel, or otherwise reports a delivery-related incident, the Client agrees to retain the original packaging, shipping label, and all packing materials until the matter has been fully investigated and resolved. ALTA ZAPATERIA BALEAR, SL. may request photographs of the packaging, shipping labels, and contents received in order to investigate the incident and, where applicable, submit a claim with the carrier. Failure to retain the original packaging and provide the requested information may affect our ability to investigate and resolve certain delivery-related claims.
RETURNS
1. Return procedure All products bought at ALTA ZAPATERIA BALEAR, SL. may be returned and refunded, provided that the client returns the product/s purchased to ALTA ZAPATERIA BALEAR, SL. within not more than 30 working days from the date on which the order is placed and the other requirements set down in this section are satisfied.
ALTA ZAPATERIA BALEAR, SL. shall only accept returns satisfying the following requirements:
1. the product must be in the same condition in which it was delivered and, where possible, preserve the original packaging and labelling.
2. The client shall return the product making sure, using a protective box or the like, that it will arrive at ALTA ZAPATERIA BALEAR, SL’s warehouses as safely as possible.
3. A copy of the invoice shall be included inside the package and shall in addition have the products returned marked and the reason for the return given, completing the enclosed return form. The shipment’s value must be declared accurately.
ALTA ZAPATERIA BALEAR, SL. Will not be able to process a refund/exchange for any shipment that has not arrived at our premises.
4. ALTA ZAPATERIA BALEAR, SL. shall not manage any pickup order. In other words, if you wish to return the product, then you will have to contact the carrier directly. If the return is attributable to ALTA ZAPATERIA BALEAR, SL. (the product is faulty or is not what was ordered) the delivery and return expenses shall be paid at the same time as the money is refunded. However, if the reason is any other (the products were properly delivered but are not what you expected), you shall bear the cost of the delivery and return expenses. Upon receiving the return, ALTA ZAPATERIA BALEAR, SL. shall check the condition of the product and proceed to refund the money, if appropriate ALTA ZAPATERIA BALEAR, SL. shall not be liable for any expenses caused by returns made disregarding the steps set out in this procedure.
2. CLIENT REFUND PRODUCT.
Return shall result in a refund equivalent to the cost of the products returned, minus delivery and return expenses, if the return is attributable to the Client.
ALTA ZAPATERIA BALEAR, SL. will also refund the relevant delivery expenses to the client only if the product delivered is faulty or wrong. Partial returns and cancellations shall result in partial refunds.
ALTA ZAPATERÍA BALEAR, S.L. will process refunds using the same payment method used for the original purchase, provided that the returned products comply with the conditions set out in these Terms and Conditions. Refunds will be processed within 7–14 business days following confirmation of receipt and inspection of the returned items at our warehouse. The time it takes for the refunded amount to appear in the customer's account will depend on the payment method and the policies of the card issuer or financial institution.
3. EXCHANGES
Clients who wish to return an item for an exchange, shall notify us of their intention to exchange via email, and by specifying the details of said exchange in the return form provided by our customer service team.
ALTA ZAPATERIA BALEAR, SL. Offers free exchanges for items exceeding a value of €180/€250.
ALTA ZAPATERIA BALEAR, SL. may have to request the separate payment to cover shipping expenses for exchanges containing gifts or items under €180/€250.
APPLICABLE LEGISLATION AND RELEVANT JURISDICTION
Purchases made using the www.carminashoemaker.com website are subject to Spanish legislation.
In the event of conflict or discrepancy when interpreting or applying these terms of business, the courts and tribunals dealing with such matters shall be those established by the applicable legislation within the relevant jurisdiction, such jurisdiction being, in relation to consumers, the location where the obligation is to be met or the purchasing party’s domicile.
If the buyer lives outside Spain, both parties expressly waive their right to any other jurisdiction and submit to the Courts and Tribunals in Inca (Spain).
INTELLECTUAL PROPERTY
ALTA ZAPATERIA BALEAR, SL. holds all rights in and to the content, design and source code of this website and including in particular, but not limited to, the photographs, images, texts, logos, designs, trade marks, trade names and data posted at the website.
Clients and users are advised that those rights are protected by Spanish and international intellectual property laws in force for the time being.
In addition, and notwithstanding the above, the content of this website is also considered to be a computer program and is therefore also governed by all Spanish and European Union regulations in force on the subject.
Hence, any full or partial reproduction of this website, indeed through a hyperlink, or of any of its content, shall be strictly forbidden without ALTA ZAPATERIA BALEAR, SL’s express written consent.
In addition, copying, reproduction, adaptation, modification, distribution, marketing, public communication and/or any other action whatsoever in breach of Spanish and/or international intellectual property regulations for the time being in force, and the use of the website content, shall be strictly forbidden, other than with ALTA ZAPATERIA BALEAR, SL’s express prior written consent. ALTA ZAPATERIA BALEAR, SL. informs that no constructive licence or authorisation whatsoever is granted in and to the intellectual property rights or in and to any other right or title directly or indirectly related to the content posted at the website.
WEBSITE ACCESS AND BROWSING OUR CONTENT
Clients and users are fully responsible for their conduct in accessing the website information while they are browsing the same, and after access.
Accordingly, clients and users shall be solely liable to ALTA ZAPATERIA BALEAR, SL. and third parties for:
1. The consequences if any deriving from any use, for purposes or with implications that are unlawful or in breach hereof, of any website content, whether or not it was prepared by ALTA ZAPATERIA BALEAR, SL., and whether or not it was officially published under its name;
2. The consequences if any deriving from any use, in breach of the contents hereof and detrimental to third-party interests or rights, or which may howsoever damage, render useless or deteriorate the website or its services or prevent a normal enjoyment by other users.
ALTA ZAPATERIA BALEAR, SL. reserves the right to update the content whenever it considers it appropriate to do so, and to eliminate, limit or prevent access to the same, for the time being or for good, and to refuse access to the website to clients and users improperly using the content and/or failing to observe any of the terms set out herein.
ALTA ZAPATERIA BALEAR, SL. informs that it does not warrant:
1. that access to the website and/or to any linked website shall be uninterrupted or error free.
2. that the content or software which clients and users may access through the website or any linked website shall contain no error, computer viruses or other elements therein which may cause your system or the electronic documents and files stored in your computer system to be altered or cause any other damage whatsoever;
3. The use to which clients and users may put the information or content of this website or any linked websites for their personal purposes. Clients or users must bear in mind that the information contained on this website is given for and with informational and guidance purposes and effects, and accordingly:
ALTA ZAPATERIA BALEAR, SL. does not warrant the accuracy of the information contained on this website and therefore shall accept no liability whatsoever for any potential damages or inconvenience to users derived from any inaccuracy existing on the website.
OUR LIABILITY
ALTA ZAPATERIA BALEAR, SL. shall accept no liability whatsoever including, but not limited to, any liability deriving from:
1. Any forbidden or permitted use by clients or users of the materials on this website or linked websites in breach of the intellectual property rights of the website or third-party content.
2. Any damages and losses to clients and users caused by a normal operation or malfunctioning of the search tools, the organisation or location of the content and/or access to the website and, in general, errors or problems arising in the development or implementation of the technical elements that the website or a program provides to the user.
3. The content of web pages which clients or users may access to from authorised or unauthorised links included on the website.
4. The access by minors to the content included on the website, since their parents or guardians will be responsible for properly controlling what their children or minors in their care do or installing tools for controlling the use of the Internet to prevent (i) access to materials or content unsuitable for minors, and (ii) sending of personal data without their parents’ or guardians’ prior consent.
5. Communications or talks in the course of debates, forums, chats and virtual communities organised through or round the website and/or linked websites, nor shall it therefore be liable for any damages and losses sustained by private and/or collective users or clients as a result of those communications and/or talks.
ALTA ZAPATERIA BALEAR, SL. shall under no circumstances be liable in the event of:
1. Errors or delays in the client’s access to the website upon entering his or her data on the order form, the recipients receiving late or no confirmation of the order or any issue arising where that is due to problems on the Internet, fortuitous events or events of force majeure and any other unforeseeable contingency beyond ALTA ZAPATERIA BALEAR, SL’s control in good faith. .
2. Any communication failures or incidents, deletion or incomplete transmissions, and therefore no assurance is given that the website services shall be operational at all times.
3. Errors or damages in or to the website due to a client’s inefficient or use in bad faith of the service.
4. The e-mail address provided by the client to send the confirmation of the order not being operational or experiencing problems.
5. In any event, ALTA ZAPATERIA BALEAR, SL. agrees to solve the problems if any
arising and to offer all necessary support to the client to swiftly and satisfactorily solve the incident.
6. In addition, ALTA ZAPATERIA BALEAR, SL. will be able for set periods of time to engage in promotional campaigns to promote the registration of new clients to the service. ALTA ZAPATERIA BALEAR, SL. reserves the right to change the terms applicable to the promotions, extendthem subject to proper notice, or proceed to exclude any promotion beneficiary if any wrongdoing, abuse or unethical behaviour is detected in the beneficiary’s participation.
SECURITY, CONFIDENCIALITY AND DATA PRIVACY
The data that is supplied, According to the Organic Law 15/99 dated December 13th of Personal Data Protection, all personal information will be kept in a file belonging to ALTA ZAPATERIA BALEAR S.L., whose main purpose is to proceed the customer´s order and be allowed to deal with customer´s next purchases in an easier and quicker way.
Besides, in case of having your agreement, we will make use of this information to let you know either by e mail or post about new products, special offers and novelties related to the kind of products offered in this web page.
ALTA ZAPATERIA BALEAR, SL guarantees that the data supplied by customers will not be shared with third parties or other companies. The data that is received will be collected in the ALTA ZAPTERIA BALEAR SL server by means of the SSL protocol and transmission is to be made by codified way assuring all confidentiality. The server recognizes automatically the IP address, date and time of entry and exit to the web page as well as the files which have been unloaded.
The received personal information will be treated following the Organic Law 15/99 dated December 13th of Personal Data Protection and all other corresponding rules in force in Spain. The users of this web page will have access at any moment to the possible change or cancellation of the data of the registered written form by means of an e.-mail or by post to ALTA ZAPATERIA BALEAR S.L. c/ Berenguer d'Anoia 60, 07300 Inca (Mallorca), registered in the Company Register of Baleares (page 157, book 1.579, section 8ª related to Entities, sheet PM 29.676
SEVERABILITY
In the event of any clause of these Terms of Use being decreed to be invalid, the remaining clauses shall continue to be valid and shall be construed bearing in mind the parties’ intent and the actual purpose of these Terms of Use.
Any failure by ALTA ZAPATERIA BALEAR, SL. to exercise any of the rights and authorities conferred herein shall at no event be construed as a waiver of the same other than upon an express acknowledgement by ALTA ZAPATERIA BALEAR, SL. or limitation of the remedy available in each case.
AMENDMENT OF THE TERMS OF USE
ALTA ZAPATERIA BALEAR, SL. reserves the right to change at any time the presentation and layout of the website and these General Terms. ALTA ZAPATERIA BALEAR, SL. therefore advises the client to read them carefully on each access to the website. Clients and users shall have these Terms of Use available at all times in a visible location, freely accessible to be viewed as required. In any event, it is a prerequisite that the Terms of Use be first accepted before the purchase of any product available on the website.
APPLICABLE LAW AND ARBITRATION
These Terms of Use shall be governed by Spanish laws applicable on the subject. For the resolution of any matter or dispute arising in connection with these Terms of Use, the parties submit to the jurisdiction of the courts in the city of Inca (Spain), unless another jurisdiction should be imposed by law.
