Terms and Conditions Marketplace

BETWEEN

On the one hand, the seller

And on the other hand CAMPANILLA ITALY GROUP Sociedad Limitada, whose registered office is in the Industrial Estate on October 12. Calle Garrido Atienza, 21. 18320 Santa Fe, Spain, registered in the register of companies with the CIF B18808915, hereinafter "Hipercalzado".

Designated together as "Parties" and separately as "Party".

PREAMBLE

Hipercalzado is a company whose activity is mainly developed around online sales, through the website www.hipercalzado.com (hereinafter the website).

The seller is a company that manufactures and / or markets products (the "Products").

Hipercalzado will develop on its website the product marketing model called "Marketplace". This service allows Hipercalzado to connect users with sellers that sell products with a net price (the "Marketplace") on the Website.

The seller wants to sell the Products in the "Marketplace".

The Parties agree terms and conditions in the following contract (the "Contract") in order to formalize their relationship.

THE PARTIES AGREE:

ARTICLE 1 - OBJECT OF THE CONTRACT

The purpose of the Contract is to describe the modalities for making the Marketplace available to the seller in order to sell Products destined to be purchased by users of the Internet Site (the "Buyers" according to the conditions of sale marked by Hypercalzado.

ARTICLE 2 - DURATION

The Contract will begin on the date indicated along with the signature of the representatives of the two Parties and will be valid for one (1) year.

Afterwards, the Contract will be automatically renewed for successive periods of one (1) year each, except if one of the Parties decides to terminate the Contract by means of an email communication to the address indicated in Annex 5.

ARTICLE 3 - DECLARATIONS AND COMMITMENTS OF THE SELLER

3.1 The Seller declares that it is an authorized distributor of the Products. The Seller warrants Hipercalzado that it is authorized to sell the Products specifically within the European Economic Union.

3.2 The Seller is notified that Hipercalzado is a collaborator offering the Seller the Marketplace service on the Internet Site.

Consequently, Hypercalzado will not be included in the sales contract since it will be a contract between the Seller and the Buyer. Hypercalzado may not at any time be considered a buyer or seller of the Products.

The Seller shall be solely responsible for the execution of the sales contract with the Buyer. The responsibility of Hypercalzado in the execution or non-execution of the sales contract can not be demonstrated by the Seller.

3.3 The Seller undertakes to respect the laws and export control rules applicable in the countries where the Seller sells its products, especially as regards customs, taxation, consumer protection, intellectual property, right to consumption and the right to distance selling.

3.4 The Seller is committed to providing an optimal logistics service for the Buyer.

3.5 The Seller undertakes to update the stock of the products provided for sale in the flow, in order to assure the Buyer the availability of the product and avoid stock breakages.

ARTICLE 4 - CONDITIONS OF SALE OF PRODUCTS ON THE MARKETPLACE

4.1 Hypercalzado offers the Marketplace to the Seller in which the Seller undertakes to sell its entire catalog of products and brands for the entire duration of the contract. For each product, Hipercalzado will create a product card (hereinafter the "Product Card") with the Product Information provided by the vendor as it will be defined in Article 3 of Annex 1.

The Seller agrees with Hipercalzado the integration method of the product catalog on the Hypercalzado website. The initial integration of the Seller's flows into the Marketplace platform is free.

The Seller undertakes not to intervene in what concerns the presentation or layout of the Marketplace and the product sheets. As a result, Hypercalzado may at any time modify the Product Data Sheets without having to request it from the Seller beforehand.

4.2 The Parties agree that the General Conditions of use and sale of the Hypermarket Marketplace, attached in Annex 1, govern and apply to all sales of Products made between Seller and the Buyer in the Marketplace.

The Seller undertakes to inform Hypercalzado as soon as possible of any change in the delivery conditions or return policy mentioned above. Those modifications will only take effect when they are published in the Marketplace; Hipercalzado is committed to making the changes as soon as possible.

ARTICLE 5 - CONDITIONS RELATED TO THE PRODUCTS

5.1 The seller undertakes and guarantees to sell on the Marketplace only products that (i) respect the laws and applicable rules, especially regarding intellectual and / or industrial property rights, (ii) are not considered Prohibited Products (see Annex 4), and (iii) are not part of the catalog of products available to Seller.

If a product does not respect the aforementioned guarantees, the Seller undertakes to inform Hipercalzado that it will eliminate all offers related to those Products and proposals in the Marketplace.

The Seller will not be able to put these products on sale in the Marketplace.

5.2 The Seller undertakes to communicate as quickly as possible to Hypercalzado all the elements and updates in relation to the products necessary to provide a clear and complete information to the Buyer, and / or that may be required by Hypercalzado.

Specifically, the seller agrees to communicate to Hipercalzado for each product and Hipercalzado undertakes to provide the Buyers in the Marketplace with the following information and updates: the name of the Products, the description of the Products, their characteristics (for example : colors, numbers or sizes available), the photos of the Products, the sale prices, the quantities of products in stock (Information and descriptions Product).

The photos of the Products may also be used on all media allowing the marketing and promotion of the Products.

Photos must have a white background and the Seller's logo must not appear. Photos must measure 500x500 px minimum (HD).

Hipercalzado reserves the right not to publish a photo of a Seller if it does not correspond to the quality criteria in force on the web www.Hipercalzado.com

5.3 The Product Information must be in accordance with the intellectual and industrial property rights of third parties.

The Seller declares and acknowledges having previously verified and validated the existence, availability and validity of the brands and elements of intellectual and / or industrial property that it transmits to Hipercalzado.

Consequently, the Seller undertakes to withdraw all responsibility for Hypercalzado relative to any claim arising from a third party alleging that the Product Information (in particular the photos of the Products) do not respect the rights of intellectual and / or industrial property, or that the Information Products are false or incorrect.

5.4 In general, the Seller accepts that Hipercalzado is authorized to create Products Sheets on the basis of Information Products transmitted by other sellers of Products in the Marketplace, authorized to use these Product Information.

5.5 Hypercalzado reserves the right not to show one or several products proposed by the Seller.

ARTICLE 6 - PRICES AND SHIPPING COSTS OF THE PRODUCTS

6.1 The prices of the Products will be freely determined by the Seller, in accordance with the laws and applicable rules. The Seller is authorized to modify the prices applicable to the Products (ex: down) at any time, especially for a launch, for a promotional action. In this case, Hipercalzado undertakes to modify the prices indicated in the Marketplace within a maximum period of 1 working day from the receipt of information regarding the new prices.

However, the purchase price and all other conditions of sale (including shipping costs, discounts, or any item made available for the purchase of one or several other products, as well as the terms of return and refund) must be at least as advantageous in Hypercalzado as in the other sales channels of the Seller.

6.2 The prices of the Products are firm and non-negotiable by the Buyers. The prices of the Products, as they appear in the Product Sheets will include all the expenses and rights (eg, fees, packaging ...). The final price must be paid by the Buyer including the delivery costs of the Products indicated at the time of validation of the order. Consequently, the delivery costs of the Products must be communicated to Hipercalzado separately from the price by the Seller. All prices must be indicated in Euros.

6.3 The Seller is authorized to choose the means of transport of each Product based on the following conditions:

1. The shipment (shipping) must be made within two (2) business days maximum after receipt of the order;

2. You can track shipments online on the Hypercalzado page. The tracking number must be indicated so that the Buyer can see the status of his order at any time.

ARTICLE 7 - PROCESSING OF ORDERS

7.1 The process of ordering the Products by a Co mprador is detailed in the General Conditions in Annex 1.

7.2 For each order received by the Buyer, Hypercalzado will charge the amount to the Buyer, then Hypercalzado will send the order to the Seller, who in turn can accept or reject the purchase from his personal account in the Marketplace Portal.

It is approved by the Parties that the Seller does everything possible not to cancel an order once it is accepted. For this you must check and update your stock on a recurring basis.

7.3 The Seller undertakes to confirm at least 95% of the orders for Products made each month. The monthly order confirmation rate is calculated based on the number of order lines accepted by the Seller throughout the month in respect of the total number of order lines sent by Hypercalzado to the Seller during the same month. In the event that the Seller will not reach the percentage of 95% Hypercalzado reserves the right to cancel the Contract in accordance with the provisions of Article 15.

ARTICLE 8 - DELIVERY OF PRODUCTS

8.1 The conditions of delivery (eg transport, delivery terms) applicable to each product will be determined by the Seller and written in Annex 2.

The Seller undertakes to inform Hypercalzado immediately of any update of the delivery conditions of the Products.

8.2 The Seller undertakes to send or send the Products to the delivery address indicated by Hypercalzado always respecting the delivery conditions shown in Annex 2.

8.3 The Seller undertakes to confirm to Hipercalzado as soon as possible the shipment of the order in the Marketplace Portal. The Seller must not contact the Buyer directly in order to transmit this information.

8.4 The Seller undertakes to attach to the Products delivered a ticket or invoice in accordance with the applicable laws and regulations.

8.5 In the case where the Buyer will indicate, within three (3) days after the date of shipment of the product, that he has not received the Product, or that the Seller can not affirm that the Buyer has correctly received the Product , the Seller undertakes, as he / she decides, to resend the Product to the Buyer, without expenses for the Buyer, or to ask Hipercalzado for the refund of the Product.

8.6 In the event that an order is not delivered to the customer, for the following reasons:

- Cause "rejection": the customer has rejected the order at the time of delivery. - The client does not live at the indicated address.

The Seller is responsible for the management of the free return for the Customer of the Product and Hypercalzado will refund the order to the Buyer.

ARTICLE 9 - PURCHASER'S RIGHT OF WITHDRAWAL

9.1. The seller is aware that, under the Consumer Code article, every buyer of an online product benefits from a right of withdrawal of fourteen (14) business days from the date of receipt of the product allowing him to return the product without need to justify his decision.

The Seller is nevertheless authorized to grant the Buyer of Products a longer period to exercise his right of withdrawal.

In this case, this period must be indicated by the Seller in Annex 2 and by Hypercalzado to the Buyer by all means.

9.2 All Products returned by a Buyer by virtue of their right of withdrawal must be returned to the address communicated by the Seller in the Marketplace or by the Customer Service of Hypercalzado.

The Seller must never communicate to the Buyer that he must return the Product to Hypercalzado.

9.3 If a Buyer returns a Product by virtue of its right of withdrawal, Hypercalzado will reimburse the Buyer in full (price of the Product and shipping costs). If the return is partial, the shipping costs will also be partially returned.

For each return, Hypercalzado will not enter the amount of the canceled sale to the Seller. However, if the amount had already been paid to the Seller by Hypercalzado, the Marketplace credits the amount of the refund and will recover the percentage of the commission related to the canceled sale.

ARTICLE 10 - CLAIMS OF BUYERS

10.1 It is established between the Parties that the Seller shall be solely responsible for the delays in delivery, non-conformities or defects of the Products sold to the Buyer, except in the case in which the Seller could demonstrate that the delay in the delivery or non-conformance of the order are due to a problem generated by Hypercalzado.

Consequently, in the event of a claim from the Buyer, for any of these reasons within a period of twenty (20) days from the moment of receipt of the Product, the Seller will only resolve the litigation. The Seller undertakes to do everything possible

e to resolve amicably all claims that Buyer may make.

In case of litigation not resolved by the Seller, Hipercalzado reserves the right to proceed to the reimbursement of those litigation or discounts that will be fully invoiced to the seller.

10.2 All claims must be transmitted to the Seller within the platform of the

Marketplace The Seller accepts that all communication with the customer can be traced by Hypercalzado. The Seller undertakes to respond to the claims of the Buyers within one working day.

10.3 In the event that the Seller authorizes the Buyer to return the damaged, non-conforming or delivered product, the return policy of the Seller's Products, as set out in Annex 2 and published in the Marketplace, shall apply.

10.4 The Products must be returned directly to the address indicated by the Seller's customer service and / or indicated in the Marketplace. The Seller must never instruct the Buyer to return the Product to Hypercalzado.

10.5 Once it has been demonstrated by the seller that the returned Product is damaged or non-compliant, the latter undertakes either to change the Product, or to ask Hypercalzado to proceed with the reimbursement of the amount paid by the Buyer (price of the Products and round trip shipping costs).

10.6 Hypercalzado will charge the Seller for any bank / Paypal refusal arising from litigation or any other reason.

ARTICLE 11 - PAYMENT OF PRODUCTS AND COMMISSION

11.1 The Seller authorizes Hipercalzado to receive in its name and on its own account any payment made by the Buyers for the purchase of Products (price of the products and participation to the management expenses).

The payments made by the Buyers are safe and Hypercalzado will put the necessary means to detect the fraud, whatever the means of payment.

11.2 The Seller will deliver the following data to Hypercalzado

- Billing address

- Community TVA

- Registration number of Spanish companies

- WERE GOING

11.3 Hypercalzado will pay the Seller the amounts paid by the Buyers during the first ten (10) days of the month following the purchase. Payments will be made by bank transfer. The payment will be made by compensation with all sums owed by the Seller to Hipercalzado, we refer to the commission.

Hipercalzado will issue an invoice for the amount owed by the Seller, which will indicate the total amount of sales made including taxes (product price and shipping costs), to which the commissions for the canceled sales (as defined in Article 7).

This amount will be subtracted from the commissions on the sale price, all the reimbursements made, as well as the other deductible expenses. The remainder will be the amount Hypercalzado must pay the seller.

11.4 Hypercalzado receives the commission from the Seller. This commission is described in Annex 3. The amount of the commission is applied to the sales amounts with the fees included (delivery costs included).

Returns are excluded in the number of orders.

11.5 The invoice will be sent by mail to the Seller. All the detailed information about the sales made during the previous month (name and surname of the customer, date of sale and price) will appear on the invoice.

ARTICLE 12 - PERSONAL DATA

12.1 The parties agree that all information relating to the Buyers are the property of Hypercalzado, and that the Seller is not authorized to contact the Buyers directly, to conduct prospecting actions and / or to send advertising in the orders.

The data relating to the Buyers will be used only for everything related to the order. Any other use, any sale or any copy of the personal data of the Buyers by the Seller is totally forbidden.

12.2 The Seller and Hypercalzado shall make available to the Buyer the possibility of opposing, accessing, deleting or changing their personal data.

The Seller undertakes to destroy the nominative data relating to the Buyers as soon as all the obligations of the sales contract are executed and to delete any file that could have been created for the execution of the contract.

12.3 The Seller acknowledges that the Buyers will be informed by Hypercalzado that the personal data (address, name and surnames ...) will be transmitted to him for the correct execution of the order.

ARTICLE 13 - RESPONSIBILITY AND INSURANCE

13.1 The Seller shall be liable and shall indemnify Hipercalzado in case of failure or direct prejudice, as a consequence or in direct relation to the Contract, by the same, its employees, its suppliers or any entity or person.

13.2 The Seller will be responsible and must compensate Hipercalzado due to any direct loss or prejudice, related to the contract and caused by the Seller, its employees, its suppliers or any entity for which the Seller is responsible.

13.3 The Seller will assume all the responsibilities related to the sales contracts concluded with the Buyers through the Marketplace.

13.4 In any case, Hipercalzado will not be responsible for the loss of profits, results or orders. Hypercalzado's responsibility will not exceed the following limits: one hundred euros (€ 100) or the amount of the fees received by Hipercalzado over the two (2) months preceding the event or origin of the damage.

13.5 In case of coming to trial or any investigation, the Seller undertakes to deliver to Hipercalzado any documentation that confirms its right to carry out advertising campaigns or to make discounts on the goods referenced in the Hipercalzado.com website.

ARTICLE 14 - INTELLECTUAL PROPERTY RIGHTS

14.1 The Seller declares and guarantees to Hipercalzado that the Products respect the intellectual and industrial property rights of third parties.

14.2 The seller authorizes Hypercalzado to use its brands, its logos, as well as any distinctive element related to the Products of the Marketplace, for the purposes of distribution and commercialization of the Products, of promotion of the products by all means, as well as any communication

(paper, internet, email ...) destined to promote the Products in Europe.

14.3 The Seller authorizes Hipercalzado, within the scope of the contract, to use its brands as keywords for Internet search engines in order to increase traffic to the Product pages.

14.4 The Seller also declares and guarantees that the Products and all trademarks, logos and other distinctive elements that Hypercalzado authorizes to use them, respect in all aspects the devices of the Intellectual Property Code and do not prejudice in any way the rights of intellectual and industrial property detained by third parties.

14.5 It is expressly agreed between the Parties that if, at the time of the offer or sale of the Products, Hipercalzado is the object of claims, whatever and from any country

The Parties agree that, in the situation of supply or sale of Products, if Hipercalzado is subject to claims of any kind or in any country, based on the right of intellectual or industrial property (licenses, brand, model, design ... without this listing be limited) or based on facts of unfair competition or commercial wrongdoing, the Seller undertakes to guarantee Hypercalzado of any economic consequences related to these claims and / or actions and to assume the burden of all the expenses of the process, whatever be its nature, including the expenses of lawyers or experts; that without prejudice of damages and interests that Hypercalzado could be taken to claim the Seller.

The Seller undertakes to voluntarily intervene in the processes and / or negotiations mentioned above.

14.6 The Seller undertakes not to use, reproduce, adapt or, in a general way, not use any intellectual property element related to Hypercalzado without having previously obtained the written consent of Hipercalzado.

14.7 Hypercalzado owns all rights related to the development of the Marketplace.

ARTICLE 15 - SUSPENSION

15.1 Any of the Parties may suspend the Contract if it happens that (i) the other party fails to comply with one of the obligations imposed in the Contract and that it is still fifteen (15) days from the date of receipt by the Party accused of the claim sent by the other Party, or (ii) subject to applicable law, a Party becomes insolvent, becomes bankrupt or ceases payment to creditors or seeks a similar form of salvation under all laws relating to bankruptcy, that is, economically incapable of executing the obligations of this Contract.

15.2 Hypercalzado may in its full right terminate this Contract by registered letter without compensation in case the seller fails to fulfill its obligations under the Contract.

ARTICLE 16 - CONFIDENTIALITY

16.1 Each party undertakes not to disclose to third parties the information received from the other party during the term of the Contract.

16.2 This clause will be valid after the suspension of the Contract for a period of two (2) years.

ARTICLE 17 - OTHER PROVISIONS

17.1 The modifications made to the Contract will be validated only if they are in writing and if they are signed by the two Parties.

17.2 If it happens that any provision of this Contract is or becomes legally void or unenforceable, the validity of the provisions remains This will not be affected. In this case, the Parties will replace, after agreeing, the provisions to be exchanged for equivalents in economic terms.

ARTICLE 18 - JURIDICTION, COMPETENCE AND APPLICABLE LAW

18.1 The Contract is governed by Spanish law.

18.2 The Parties, in good faith, will endeavor to settle amicably any litigation related to the execution, interpretation or suspension of the Contract.

18.3 IF IT WERE IMPOSSIBLE TO FIND A FRIENDLY SETTLEMENT WITHIN THIRTY (30) DAYS FROM THE BEGINNING OF THE DISCUSSIONS, THE GRANADA TRADE COURT WILL BE COMPETENT FOR ANY LITIGATION DIRECTLY OR INDIRECTLY WITH NEGOTIATION, EXECUTION, INTERPRETATION, THE SUSPENSION AND / OR EXCEPT IN THE CASE OF IMPERATIVE LEGAL PROVISIONS.

Annex 1 - General Sales Conditions applicable in the Marketplace

ARTICLE 1 - OBJECT

These general conditions (hereinafter the "General Conditions") are intended to define the conditions of use of the Marketplace and the conditions of sale of Products between the Seller and the Buyer, from the moment of purchase until the delivery of the Product to the Buyer.

They can be consulted from the Product Sheets in the marketplace and must be accepted by the Buyers with a validation click at the time of the confirmation of each order. Hipercalzado reserves the right to modify the General Conditions at any time.

However, these new General Conditions will not apply to transactions in progress at the time of entry into force.

It is reminded that under no circumstances can Hypercalzado be considered the Seller of Products purchased in the Marketplace and that only the Seller, whose identity is indicated in the Product Card and detailed in Annex 1 of the General Conditions, is the Buyer's contractor for the purchase of the Products.

ARTICLE 2 - ACCESS TO THE MARKETPLACE

Any Internet user can access the Marketplace.

The Marketplace is intended for strictly private use. Access to the Marketplace is free and without obligation to purchase.

To acquire the Products offered for sale through the Marketplace, the Buyer must follow the steps indicated in Article 5.

ARTICLE 3 - «PRODUCT» SHEET

The Products offered for sale in the Marketplace by the Seller are described in the pages of the Website for each Product (the "Product Card").

The Buyer may consult the following items on the Product Card and / or on a page accessible from the Product Card:

- The price of the Product

- Product availability

- The product warranty

The Buyer will contact Hipercalzado if you want more information about:

- The delivery policy

- The return policy

- The general conditions of sale

ARTICLE 4 - PRICE OF PRODUCTS

The Seller freely sets the price of the Products to be put on sale in the Marketplace, respecting the applicable laws and rules.

The price of the Products is indicated in Euros with taxes included and does not include shipping costs. The amount of shipping costs of each order will be indicated at the time of validation of the order by the Buyer.

The prices in the Product Card are fixed and non-negotiable by the Buyer. However, the prices may be modified by the Seller at any time without the new prices being applicable to the order already validated by the Buyer.

However, the price and all conditions of sale (including shipping costs, discounts or any element necessary for the purchase of one or more products, as well as the conditions applicable to returns and reimbursement) must be equal in advantage in the Hypercalzado web that in the web or store of the Seller.

Valid discount coupons in Hypercalzado and other commercial initiatives are not necessarily available or active for the Purchaser of the products sold by the Vendors of the Marketplace unless it has been clearly indicated.

ARTICLE 5 - ORDER OF PRODUCTS BY THE BUYER

5.1 Prior identification of the Buyer

To place an order, the Buyer must identify himself with his email and password Hypercalzado.

The Buyer must have the legal capacity to buy it.

The Buyer who does not have a customer number must register at the Hypercalzado marketplace to obtain it. This number is personal and non-transferable.

5.2 Registration and validation of the order

The Buyer can only place his order of Products online in the Marketplace, following the following steps:

- The Buyer adds the product (s) that he wishes to purchase in his cart. Shipping costs will be added at the time of purchase confirmation.

- The Buyer verifies the detail of his order and the total price indicated.

- The Buyer validates your order and accepts these General Conditions.

- The Buyer indicates the delivery address of the order.

- The Buyer makes the payment of the order.

- Hypercalzado will charge the Buyer the amount of the order. Hipercalzado reserves the right to block the Buyer's order in case the amount can not be charged.

- If the order is confirmed, Hypercalzado will transmit it to the Seller.

- The Buyer will receive an email confirming or rejecting the order.

- If the order is rejected by the Seller, Hipercalzado will reimburse the Buyer.

For any question related to the tracking of the order, the Buyer should contact through the marketplace with the seller.

ARTICLE 6 - MODALITIES OF PAYMENT OF THE PRODUCTS

The Buyer may pay for the Products online using the following options:

- Credit / debit card: Visa, Mastercard, American Express.

- Paypal: in this case, the Buyer will be automatically redirected to your Paypal account. Once the validated Paypal payment, the Buyer may complete the order.

- Forms of payment authorized by Sequra.

ARTICLE 7 - DELIVERY OF PRODUCTS BY THE SELLER

The Products may only be issued to addresses located in the European Union except for contrary indications in Annex 1 of the General Conditions.

The Seller will assume the risks of transporting the Products, as well as the expenses and customs, if any.

The delivery process is as follows:

- After confirmation of the order, Hipercalzado indicates to the Seller the delivery address, as indicated by the Buyer; It is the Buyer who must ensure that the indicated address is correct and that it allows him to receive the ordered Products. Hypercalzado and Seller will not be responsible for the non-delivery of the order due to an error in the delivery address indicated by the Buyer.

- The Seller delivers to the Buyer the Products ordered within the term indicated in Annex 1 of the General Conditions.

- The Buyer receives an email from Hipercalzado informing him of the shipment of the Products by the Seller.

- Once the order has been received, the Buyer may make claims in relation to the Products (damages, defects or disagreement) or exercise their right of cancellation according to the modalities described and in a period indicated in Articles 8 and 9 of the General Conditions.

- If the Buyer does not receive the Product within the delivery period indicated by the Seller, the Buyer must inform the Customer Service of the Seller, within the Marketplace. Hipercalzado undertakes to inform the Seller immediately. If the delivery of the Product can not be proved by the Seller or that the delivery could not be done through the fault of the Buyer (example: error in the delivery address), the Seller will resend the ordered Product without additional expenses for the Buyer, or will ask Hypercalzado realize the refund to the Buyer.

ARTICLE 8 - PURCHASER'S RIGHT OF WITHDRAWAL

Under Article 64 of the Consumer Code (Spanish Law), any Buyer has the right of withdrawal of 14 (14) days from the delivery of the product, which gives the possibility of returning the product without having to explain the reasons nor pay compensation. However, the Seller is entitled to grant a longer period of withdrawal to the buyer. In this case, this period must be indicated in Annex 1 of the General Conditions.

The Buyer may exercise his right of withdrawal by contacting the Seller through an email to the Customer Service of the Seller through the Marketplace platform.

In case the right of withdrawal is used within the aforementioned period, the prices of the product or products and the shipping costs will be reimbursed. The return costs will be covered by the Seller in any case. If an order is partially refunded, the shipping costs will be partially reimbursed.

The Products must not have been taken, washed or damaged and must be returned intact, in their original packaging with their accessories (if any), instructions for use and other documents. After receipt by the Seller of the returned product, Hipercalzado will reimburse the Buyer for the amount of the Products as soon as possible and within a maximum period of 30 days from the moment the return has been requested.

Under no circumstances may the Buyer return the Products to Hypercalzado. In the event that the Buyer returns the Products to Hipercalzado, the Seller will assume the costs of reshipment.

ARTICLE 9 - PURCHASER'S CLAIMS - LITIGATION

In case of complaint regarding the Products ordered (Damaged Products, Products not in accordance with the order or the Product Card, Products delivered late), the Buyer must to contact the Seller within a period of ten (10) days after the reception of the order or any other term provided it is indicated by the Seller in Annex 1 of the General Conditions.

The Seller must resolve the same the dispute that opposes the Buyer. The Buyer and the Seller will do everything possible to reach an amicable resolution of the litigation.

The Buyer must follow the instructions communicated by the Hypercalzado Customer Service Department.

Hipercalzado will keep the amounts paid by the Buyer until the resolution of the litigation.

After the receipt of the Product and after the Seller will confirm the non-conformity or damages, you may send a new Product to the Buyer, without expenses and under the same conditions as those provided in Article 7 of the General Conditions, or ask Hypercalzado that proceeds to the refund of the amount of the Product.

Without indications transmitted by the Buyer to the Seller, all products shall be considered as delivered and delivered to the Buyer after a period of thirty-one (31) days after the shipment of the Product, without prejudice to the provisions of Articles L.211-4 and according to the Consumer Code.

ARTICLE 10 - PRODUCT GUARANTEES

All products sold on the Marketplace have a legal guarantee of compliance (Article 128-135 of the Consumer Code) and a guarantee that the defective products can be returned to the Seller.

The Seller undertakes not to exceed the monthly limit of "non-compliant" product, that is, 1% of the total orders placed.

If some Products benefit from a contractual guarantee given by the Seller, this information will be indicated on the Product tab or by the manufacturer of the Product.

The details of these guarantees are specific for each Seller, the Buyer should contact the Hypercalzado Customer Service Department or look at the conditions of the Hypercalzado marketplace (data included in Annex 1).

ARTICLE 11 - RESPONSIBILITIES

Seller assumes all responsibility for the Products offered for sale on the Marketplace and will treat all claims related to the Product (s).

On the other hand, Hypercalzado having an intermediary role between the Seller and the Buyer in the Marketplace, rejects any responsibility related to the sale concluded between the Seller and the Buyer in the Marketplace.

To this end, the Buyer and the Seller exclude Hypercalzado from any liability that may occur during the execution of the sale, especially as regards the conformity of the Product, the conformity of the offer, the conformity of the post-service. sale, the intellectual and industrial property rights over the items stored in the Marketplace.

Hipercalzado will only be able to see its committed liability towards the Buyer for facts that would be directly attributable to him as an intermediary and that would have caused a direct damage to the Buyer.

The responsibility of Hypercalzado and / or of the Seller can not be compromised in the case in which the non-execution of the obligations is attributable to the misuse of the Marketplace.

In the same way, the responsibility of Hypercalzado can not be compromised by the inconveniences or damages related to the use of the Internet network, for example, a blackout or problem in the service of the distributor, an external problem or the presence of a computer virus .

ARTICLE 12 - NOMINATIVE DATA

During visits to the marketplace, Hipercalzado may ask the Buyer for information through questionnaires, forms, especially for the creation of the client account.

The information requested is obligatory (except the "optional"). They are necessary to the treatment of the Buyer's orders.

This information is intended for Hipercalzado, responsible for its treatment, in order to record and process the Buyer's orders, to manage the Buyer's client account, to carry out marketing and statistical studies to personalize the offers, to carry out quality monitoring and prospecting. commercial.

The names and surnames, as well as the address of the Buyer, will be transmitted to the Sellers, with the sole purpose of allowing the requested products to be processed and delivered.

ARTICLE 13 - INTELLECTUAL PROPERTY

All elements of the marketplace, whether visual or sound, including the technology involved, will be protected by copyright, trademark or license.

Thus, none of the documents that come from the marketplace can be copied, reproduced, published, downloaded, sent, transmitted or distributed in any way, except in the following conditions: It is possible to download a copy of the documents on the computer for personal use and only for non-commercial purposes, while not modify the information and keep the copyrights and other property mentions.

The modification of these documents or their use by the Buyers for a different purpose constitutes an infringement of the intellectual and industrial property rights of Hipercalzado and the Sellers.

ARTICLE 14 - PROOF, CONSERVATION AND ARCHIVE OF TRANSACTIONS

The records kept in Hipercalzado's computer systems and those of its collaborators always under optimal security conditions shall be considered as evidence of communications, orders and payments arising between the Parties.

The archiving of the orders is carried out in a reliable and durable support in a manner confirmed by Article 1348 of the Civil Code.

ARTICLE 15 - ILLICIT OR LITIGATE CONTENTS

Hipercalzado reserves the right to delete all information or any clearly illicit content mentioned in the Marketplace.

Buyers and Sellers are invited to notify Hipercalzado in the event that information or content that is unlawful or litigious is found by contacting the Hypercalzado Customer Service Department.

ARTICLE 16 - OTHERS

In case one of the clauses of the General Conditions were null or invalid due to a change in legislation, rules or a decision of justice, this would not affect in any case the validity and the respect of these General Conditions.

ARTICLE 17 - APPLICABLE LAW AND LEGAL COMPETITION

The General Conditions are subject to Spanish Law, without prejudice to mandatory legal provisions. The competent court in the event of a dispute shall be the place where the defender is domiciled or, if the plaintiff so chooses, the place of actual delivery of the Product.

The marketplace is in compliance with Spanish legislation, and in no case will Hypercalzado give a guarantee of compliance with the local legislation that will be applicable, as soon as the Buyer accesses the marketplace from other countries.

Annex 2: SHIPPING CHARGES - DELIVERY TERMS - DEADLINE

DISMISSAL

Shipping costs (national):

Examples:

- Free

- Free shipping from ... euros

Shipping costs (International)

Examples:

- Free

- Free shipping from ... euros

Withdrawal period:

Example: 30 days

Devolution costs:

Always Free

Annex 3: Amount of the commission

Commission amount: 15%

The amount of the commission is applied on the amount of the sale (shipping costs included).

The amount of the commission related to the sale canceled for a returned product is reimbursed to the Seller by the Marketplace.

Hipercalzado will charge a monthly fee of € 29.95.

Annex 4 - List of products prohibited for sale by the Seller

The following products - named as an example and this list could be increased - can not be proposed for sale in the Marketplace:

a) Articles whose advertising, offer or commercialization damage intellectual property rights (copyright), industrial property rights (trademarks, licenses, designs or models) or any applicable law (especially in the image, respect for privacy) , right of personality).

b) Discriminatory or incitement to violence, racial, religious or ethnic hatred

c) Articles related to pornography

d) Live animals

e) Stolen property

f) Advertising included links

g) Drugs or drugs of all kinds

h) Food

i) Other articles that can not be proposed or marketed legally, or whose offer or sale may prejudice public order or the rights of other sellers or third parties.