Terms and Conditions
This page (together with the referenced documents) contains the Terms and Conditions (the "Terms and Conditions") for the purchase of the products (the "Products") that appear on our website http: // www. hipercalzado.com (the "Web"). Read them carefully before making any purchase. The execution of an Order implies acceptance of these Terms and Conditions. You can print them and keep a copy of them for future reference.
We store the content of all the Contracts and we send you more information about it through email. The Terms and Conditions are available to you at all times, so you can download them whenever you wish. For more information about your last Orders, sign in by accessing "My Account".
1. About us, our Agent and these Terms and Conditions
1.1 Hipercalzado is a registered trademark, under CIF B18808915 and with fiscal address in Poligono Industrial October 12, Calle Garrido Atienza, 21, Santa Fe, Granada, Spain.
1.2 These Terms and Conditions govern the sale to customers of any of the Products that appear on our Website. The realization of an Order constitutes the legally binding acceptance of said Terms and Conditions.
1.3 In these Terms and Conditions:
a) "Account" refers to the account that you must create on the Website in order to make any Order.
b) "Acknowledgment of Receipt" refers to our acknowledgment of receipt of the Order by email.
c) "Breach of obligations" refers to the provisions of clause 10.11 (b) of these Terms and Conditions.
d) "Working day" refers to any day that is not (i) Saturday or Sunday or (ii) a holiday in any part of Spain.
e) "Order Confirmation Mail" refers to the email we send you to confirm the validity of your Order, in accordance with clause 4.9 below.
f) "Contract" refers to the Order of a Product in accordance with these Terms and Conditions, which you accept as established in clause 4.9 below.
g) "Customer" refers to the person who places the Order.
h) "Responsibility" refers to the provisions of clause 10.11 (a) of these Terms and Conditions.
i) "Order" refers to the Order placed on our Website with the aim of acquiring our Products.
j) "You" is the customer that places the Order.
k) The "Clauses" are the clauses contained in these Terms and Conditions.
l) The titles of the clauses serve only as a reference and will not affect the interpretation of these Terms and Conditions.
m) The words expressed in the singular will include the plural and vice versa. Words expressed in a given genre will include all genres and references to people will include natural persons, companies, partnerships, companies or associates.
1.4 These Terms and Conditions are part of our intellectual property. Its use is not allowed to third parties, neither totally nor partially, with the commercial intention of offering products or services. Failure to comply with said prohibition is subject to legal action.
2. Your state
When placing an Order on our Website, you ensure that:
- Are you older than 18.
- You reside in the European Union.
3.1 These Terms and Conditions will be applicable to any Order or Contract made or to be made with the aim of selling and distributing our Products. The realization of an Order or a shipping order or the acceptance of the delivery of the Products constitute the unreserved acceptance of these Terms and Conditions. None of the present Terms and Conditions will affect your rights established by law (including the right to claim that the Products acquired from a business must correspond to its description, meet its objectives and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over and above any independent document that is subscribed. Any condition that you submit, propose or stipulate in any format and at any time, either in writing, by email or orally, is excluded.
3.3 Additional terms or modifications to these Terms and Conditions will not be binding unless so provided by Hipercalzado in writing and by signed document.
4. Formalization of Contracts
4.1 In order to place an Order you must create an account on the Web, as detailed in clause 10, and follow the instructions on how to place the Order and / or modify it before terminating it.
4.2 Regardless of any previous price you have seen or heard, once a Product has been selected for your Order you will be shown the corresponding price (on the Web), which will include VAT, if any, and any applicable shipping costs. Unless otherwise indicated on the Web, all prices will be shown in Euros. In accordance with clause 4.11 below, this will be the total amount to be paid for the Order placed.
4.3 In order to complete the purchase process, you must pay the entire amount of the order at once. For this, you can provide us with the details of a valid credit or debit card or use a PayPal account. If you prefer, you can make the payment with any of the forms of payment that are offered. The means of payment will be: Credit or debit card, PayPal, Bank transfer and Cash on delivery. It is not allowed to use data or third-party payment instruments. In order to guarantee the confidentiality and security of the data transmitted through the web, Hipercalzado uses a secure payment system SSL (Secure Socket Layer). However, we are not obliged to send the items until we have registered the full payment of the purchase. According to the customer's address, we reserve the right not to offer certain forms of payment and redirect you to others.
4.4 To enter the data of a card or a bank account, you must have the right to use it and that card or account must have sufficient funds to cover the possible payment.
4.5 You are responsible for the totality of data provided for the purpose of purchasing Products are correct, that the credit or debit card, the bank account or the form of payment used belong to you and that said cards, accounts or forms of payment have the necessary funds to cover the cost of the Products. We reserve the right to require a confirmation of the payment information before sending the Order.
4.6 The completion of an Order on the Web implies the acceptance of these Terms and Conditions on the date of execution of the Order. You are responsible for reviewing the latest version of the Terms and Conditions when placing your Order.
4.7 I agree to receive the invoices and the installments of my returns only and exclusively in electronic format.
4.8 The issuance of your Order will constitute the execution and entry into force of a Contract, for all purposes. For our part, we will be obliged to send you the Products ordered and the acknowledgment of receipt of your order.
4.9 We will begin the process of sending the Products when issuing the Order Receipt. In this acknowledgment of receipt, we will provide you with information about the Products purchased and the reference number of your Order. If the Products are not available, or if there has been a computer error in the price, we will contact you in order to cancel the Order or offer you Alternative Products (in which case you must make the Order again). If you do not receive the acknowledgment of receipt, contact us.
4.10 The document called Confirmation Mail of the Order will contain all the details related to your purchase. After the acceptance of your Order, you will receive an invoice, which will not affect your obligation to pay the amount of the purchase in advance.
4.11 If, after completing the Order, you discover that it contains an error, please contact immediately. We can not guarantee the modification of the Order according to your instructions. If you wish to cancel an Order of non-defective products, you must refer to clause 7, below.
4.12 Hipercalzado reserves the right to modify the prices of its products. The purchase price will be the one in force at the time of closing the transaction, except for a computer error in which case we will contact you in order to cancel the Order and make the corresponding payment or offer you alternative products.
4.13 The Contract only refers to the Products that we list in the Confirmation Mail of the Order. We are not obliged to send any of the Products that appear in your Order until we have sent you the Confirmation Mail of the Order referring to them.
4.14 You must provide us, as well as our agent or through our website, with correct and non-misleading information. Likewise, you must inform us of any change that may occur in your data.
5.1 We will deliver the Products to the shipping address that appears on your Order.
5.2 We will carry out the delivery in the schedule that we have established when placing the Order (and updated in the Confirmation Mail of the Order). However, we can not guarantee an exact delivery date either when placing the Order or in the Confirmation Mail of the same. The delivery period usually lasts between 1 and 9 working days from the date on which we accept the Order depending on the selected form of transport and country of the client's address, but we can not establish a fixed delivery date.
5.3 We will inform you of any delay in sending the Order. However, to the extent permitted by law, we are not liable for losses, liabilities, costs, damages or charges arising from such delay.
5.4 When delivering the Order, the signature of the recipient may be required. Check that the Product does not present obvious faults, defects or damages before signing and keep the delivery receipt for possible future consultations.
5.5 Only shipments are made to the European Union. In ordinary shipments through a collection point, the shipping costs are paid by Hipercalzado and are free for the user.
5.6 We ship in our standard packages.
5.7 You will assume the risks related to the Products of the Order from the moment in which the delivery is made, except in case of delay of the shipment due to breach of your obligations. In this case, you will assume the risks at the moment in which the delivery was made if there had not been such a breach. After the assumption of the risks, we are not responsible for the loss or destruction of the Products.
5.8 Make sure not to damage the contents of the package when opening it, especially in case of using sharp instruments.
5.9 You must ensure that you can receive the Order, without undue delay and at a reasonable time.
5.10 In case of not being available for the reception of the Order, we will leave you a card with the instructions to follow for the forwarding or the collection of the package in the courier office.
5.11 If delivery or collection is delayed by unjustified refusal or you do not accept or pick up the package from the courier office (within 2 weeks after the first delivery), we will be forced to carry out one or both of the following actions (without affecting any other right or remedy that is in our hands):
a) Charge you the storage costs and any other cost or reasonable expense that may arise.
b) Not allow subsequent shipments or removal of the Product from the courier office and terminate the applicable Contract immediately. In this case, we will enter the difference between the amount already paid and the reasonable administrative expenses that have arisen (including the failed delivery and the return of the Order, in addition to the storage costs established in clause 5.11 (a) mentioned above) your credit or debit card account.
5.12 It is your responsibility to guarantee that the Products are sufficient and adequate to cover your needs. For our part, we ensure that the Distributed Products conform to the characteristics specified by the manufacturer but we can not guarantee that they meet your individual objectives. You are aware that the Products are of standard manufacture and are not made to measure, in order to cover your individual needs.
6. Non-availability of the Product
6.1 If the Product is not available, whatever the reason, and the Order Acknowledgment has already been issued, we will contact you immediately in order to offer you a similar Product or carry out the termination of the Contract. . The non-approval of any of the aforementioned options implies the acceptance of the delay that the Products may suffer (subject to the receipt of said Products or the exhaustion thereof).
6.2 In case of cancellation of the Order or exhaustion of the Products, we will reimburse the amount paid by the same form of payment with which we received it.
7. Cancellation by the Client in case of non-defective Products
7.1 In accordance with the provisions of this clause 7 and independently of the rest of the rights related to the defective Products, you can rescind the Contract and return any of the Products received, whatever the reason for it, provided you notify the termination of the Contract and the return of the Product, at your own risk, within 30 days of receipt. You must manage the return from the option enabled for it in your control panel of your customer account.
The notification will be considered delivered on the day it is sent. Once you have the Products, you must keep them properly. The Products to be returned can not be used.
The address for the return of the product is:
Garrido Atienza Street, 21
18320 Santa Fe, Granada, Spain
The products must be returned in their original condition.
7.2 In accordance with this clause 7, if you make the cancellation once notified of the intention to terminate the Contract, we will reimburse the amount paid immediately, within a maximum period of 30 days from the cancellation. We reserve the right to charge the handling costs that the order has caused. The change of model, color or size will not entail any expense for the customer and no transport costs.
7.3 In case of having paid the total amount of the purchase with gift vouchers or promotional vouchers, we reserve the right to pay the amount corresponding to the Products canceled and returned by providing a new voucher, with the same value and the same expiration date than the original, or by returning the value of the Order to the balance of your user account.
8. Defective products
8.1 We guarantee that:
a) The Product will be delivered in perfect conditions and in the quantity requested.
b) The Product will conform to the characteristics indicated more recently by the manufacturer, as established in the Web or in the description of the materials of the Product at the time of placing the Order.
8.2 You must take into account the instructions established more recently by the manufacturer or those indicated in the same Product. It is your responsibility to follow these instructions strictly.
8.3 We do everything in our power to deliver the Products in an optimal state. However, if you receive a Product that you consider to be defective, you must keep it in the current state in order for us (or our agent) to verify it within a reasonable period of time. In case of defective product, the seller must proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, steps that will be free for the consumer and user. The seller is responsible for the lack of conformity that manifests itself within two years of delivery. The consumer and user must inform the seller of the lack of conformity within two months of having knowledge of it. Said clause will be applied taking into account the nature of the commercialized good.
8.4 In order to be able to offer you solutions regarding the defective Product, we may need your help and we ask you to quickly provide us with the following information regarding the Product:
a) A reasonably detailed explanation of the defects or damages presented by the Product and photos of the same where the footwear and its tare can be seen.
b) Number of the delivery note and other information that may be reasonably useful to us.
8.5 If, as established by the Contract, you wish us to repair or replace the Product or refund you the amount paid, you must ensure that the Product:
a) It has not been used incorrectly or negligently, has not been manipulated in an inappropriate or reckless manner and has not been subjected to abnormal or harmful conditions.
b) Has not been involved in any accident or has been damaged when trying to repair or modify it.
c) It has not been used in a manner contrary to that established by the manufacturer in the instructions of the Product.
d) It has not deteriorated due to natural wear after its reception.
In the event that the Product does not meet any of the aforementioned requirements, we may decide, at our discretion, not to repair or replace the Product or refund the amount paid and / or we may ask you to reimburse all transport and revision costs arising as per the current standard rates. To carry out this refund, we can charge the mentioned costs in the account of your credit or debit card or use the payment information provided when placing the Order. To the extent permitted by law, we are not responsible for losses, liabilities, costs, damages or expenses that may result from the process.
9.1 You can use gift vouchers or promotional vouchers as a form of payment for your Orders on the Web. In clauses 9.7 and 9.8 you will find more information about promotional vouchers and gift vouchers, respectively.
9.2 In the "My user account" section of the Web, you can redeem the vouchers or check your current balance.
9.3 We can send you emails with gift vouchers and promotional vouchers. In accordance with clause 11.2, we are not responsible for possible errors in the email address of the voucher recipient.
9.4 Both gift vouchers and promotional vouchers are transferable and you may assign your use and your rights to another person.
9.5 In case of fraud, attempt to deceive or suspect possible illegal activities related to the purchase of gift vouchers or to exchange them on the Web, we have the right to close your account and / or ask you to use another form of payment.
9.6 We are not responsible for the loss, theft or illegibility of gift vouchers or promotional vouchers.
9.7 Conditions for the redemption of promotional vouchers
a) Sometimes, we issue promotional vouchers that you can use on the Web. We will send them to you by email and you can only exchange them on the Web.
b) Promotional vouchers are valid only during the period indicated therein, are for single use and can not be combined with other promotional vouchers. They may not be applicable to certain brands.
c) The balance of the promotional vouchers can not be used to pay for Third Party Products.
d) If the amount of your Order is less than the value of the promotional voucher, you will not be paid or the difference will be refunded.
e) The balance of a promotional voucher does not generate interest and has no effective monetary value.
f) If the amount of your Order is greater than the value of the promotional voucher, you must pay the difference with another form of payment.
9.8 Conditions for the redemption of gift vouchers
a) You can buy gift vouchers for your own use or for third parties. These gift vouchers will be sent to you by email and you can only redeem them on the Web.
b) Gift vouchers can only be redeemed on the Web.
c) Gift vouchers can not be used for the purchase of other gift vouchers and can only be purchased by credit or debit card and via PayPal.
d) The balance of a gift voucher is not cumulative and has no effective monetary value. Gift vouchers can only be exchanged before paying for the order. Once completed, orders can not be modified.
e) If the amount of your Order is greater than the value of the gift voucher, you must pay the difference with another form of payment.
10. Limited liability
10.1 This clause 10 prevails over all the remaining clauses and describes our total Responsibility and your unique and exclusive resources regarding:
a) Compliance, non-compliance, alleged compliance or delay in compliance with these Terms and Conditions or the Contract or the Web (either in whole or in part).
b) Any aspect related to these Terms and Conditions or the entry into force or compliance with these Terms and Conditions.
10.2 Nothing in these Terms and Conditions shall limit or exclude:
a) Our Responsibility regarding (i) willful misconduct or gross negligence; (ii) death or personal injury caused by the breach of our duty; (iii) any breach of the obligations established by Law 7/1196, Royal Decree 1906/1999, Royal Legislative Decree 1/2007; or (iv) any Liability that can not be limited by the applicable law or excluded from it.
b) Your legal rights as a consumer.
10.3 In the fulfillment of our obligations, established in these Terms and Conditions, our only duty is to exercise reasonable attention and skill.
10.4 Hypercalzado makes every effort to avoid any error in the contents that may appear on this page. To carry out the purchase of the products offered on the Hypercalzado page, the user must register and accept the relevant terms and conditions. The information, contents and data of any kind on the pages of this website or its promotional campaigns are reviewed before publication. However, it is not possible to guarantee that they are absolutely free of typos, typographical errors, compositional defects and equivalent problems, so Hipercalzado recommends users to be attentive to possible updates or rectifications that the website incorporates.
10.5 Except in the cases mentioned in clause 10.2, we do not accept and we hereby exclude any Liability for breach of obligations except for the Responsibilities arising from these Terms and Conditions.
10.6 Except in the cases provided in clause 10.2, we are not responsible for:
a) Losses of income
b) Losses of real or anticipated benefits
c) Loss of contracts
d) Loss of the use of money
e) Loss of expected savings
f) Loss of business
g) Loss of operating time
h) Loss of opportunities
i) Loss of customers
j) Loss of reputation
k) Loss, damage or corruption of data
l) Any indirect or consequential loss
The exclusion of said Responsibilities includes both the cases in which they are foreseeable, known or foreseen, and those in which they are not. For the avoidance of doubt, clauses 10.6 (a) to 10.6 (1) are applicable in the case of direct, indirect, consequential or other loss.
10.7 Except as provided in clause 10.2:
a) Our total Liability with respect to any Contract will not exceed, in aggregate and under any circumstance, the total amount of: i) 100 EUR; or ii) 110% of the value of the Contract corresponding to the action arising.
b) Our total liability with respect to you or to third parties will not exceed, in aggregate and under any circumstances, the total amount of: i) 100 EUR; or ii) 110% of the total amount you paid us in the 12 months prior to the action that arose.
10.8 The limitation of Liabilities established in clause 10.7 has effect both in relation to any Liability expressly mentioned in these Terms and Conditions and to any Liability arising from the invalidity or inapplicability of any term of these Terms and Conditions. .
10.9 In these Terms and Conditions:
a) "Liability" refers to the responsibilities related to breach of the Contract or obligations, false statements and restitution or any action of any nature arising or related to these Terms and Conditions. Such responsibilities include, without limitation, those expressly established in these Terms and Conditions or those arising from the invalidity or inapplicability of any of the terms of these Terms and Conditions (in accordance with this definition, any reference to "the present Terms and Conditions" will include any collateral Contract).
b) "Breach of duty" means a breach of (i) any obligation, expressed or implied in the terms of a Contract, regarding reasonable care or ability to comply with the Contract or (ii) any obligation of right common law regarding reasonable attention or ability to comply with the Contract.
11. Guarantee and management of claims
11.1 We will comply with the obligations set forth in these Terms and Conditions with reasonable attention and skill.
11.2 The satisfaction of our customers is of the utmost importance, so you can get in touch with us at all times. Our contact information is contained in clause 1.1 of these Terms and Conditions. We will try to redirect your inquiries in a reasonably fast way and we will inform you of any news regarding your query or complaint. The issues related to the guarantee are usually directly linked to the manufacturer, so they may require a longer consultation time.
11.3 In the event of a complaint, it would be helpful for you to provide us with a description as precisely as possible of the reason for your complaint and, if any, a copy of your Order or the Order number contained in the Confirmation Mail. If you do not receive a response within 5 business days, please contact us again. On certain occasions, it may happen that your emails are automatically redirected to our spam mailbox or that you do not receive our emails for the same reason.
12. Data protection
13. Causes of force majeure
13.1 We are not responsible for breaches, impediments or delays in the performance of a Contract attributable to any force majeure, including without limiting any natural catastrophe, actions of third parties (including, but not limited to, hackers, distributors, governments and local authorities, supranational and quasigubernamentales), insurrections, riots, social commotion, wars, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, arrests made by the competent authorities, strikes, lockouts, epidemics, fires , explosions, storms, floods, drought, weather conditions, earthquakes, natural disasters, accidents, mechanical breakdowns, third-party software, non-existence or problems with the provision of public services (including incidents with power supply, telecommunications or internet) , shortage z or lack of supplies, materials, equipment or transportation ("cases of force majeure"), regardless of the possible forecast of such circumstances.
13.2 Both parties can terminate the Contract immediately, by written notification, in case the causes of force majeure do not cease within a period of 2 working days. In this case, neither of the parties shall be liable for the termination (except for the reimbursement of the amount of a Product paid but not delivered).
13.3 In the event that we have committed to carry out the sending of 2 Orders that contain similar or identical Products and in the impossibility of fulfilling both obligations due to force majeure, we will decide, according to our criteria, what shipments we make and in what measure.
14. Non-payment or dissolution of the company
14.1 In case you breach any of the obligations stipulated by a Contract, we may terminate this Contract, immediately, by means of a written notification and retain any amount related to the Order that you have paid in advance. In this case, you must indemnify us for damages, losses, liabilities and expenses of any nature resulting from the termination of the Contract and pay any outstanding amount immediately.
14.2 The termination of the Contract will be carried out without prejudice to the rights or accumulated resources of any of the parties and will not affect the entry or permanence in force of any provision that, expressly or implicitly, is expected to enter or remain in force after the termination.
15.1 Any notification regarding a Contract will be made in writing and physically delivered, by certified mail, postage paid or by email to the corresponding party, whose postal or email address has been provided by this party.
15.2 The notifications that are sent by postal mail must have been notified with 5 working days before sending, provided that the address of the sender is within the Spanish territory. Notifications that are sent by email must have been notified after receipt of such email on the recipient's mail server. To verify the issuance of such notification, it will be sufficient to demonstrate that the shipment has been made to the correct address and, as the case may be, that it has been sent by certified mail or postage paid.
16. Advertising on the Web
16.1 We will do everything in our power to comply with the regulations regarding the page stipulated by the existing authorities in matters of publicity.
17.1 We will keep a record of your Orders and of these Terms and Conditions for a maximum period of six years from the acceptance of each Order. However, for future inquiries, we recommend that you print and keep a copy of these Terms and Conditions, your Orders, the Acknowledgment of Receipt and the Order Confirmation Mail.
17.2 No delay by the parties in the exercise of any right stipulated by these Terms and Conditions or by a contract will affect or represent the waiver of this or any other right. Likewise, it will not harm the rights or resources related to said right nor will it modify or reduce the rights established by these Terms and Conditions or by a contract.
17.3 If any of the clauses of these Terms and Conditions is declared invalid or not applicable by a court of competent jurisdiction, such invalidity or inapplicability will not affect in any way the rest of the clauses, either in whole or in part, that will remain in force. full force as long as these Terms and Conditions or the Contract remain in force without the clause established as inapplicable.
17.4 You will not assign, transmit, substitute, entrust, subcontract, create a trust, entrust or use these Terms and Conditions or a contract or the rights and obligations stipulated under these Terms and Conditions or under a Contract.
17.5 None of the points of these Terms and Conditions or of a contract will give rise to or may give rise to a partnership, an agency or an employer-employee relationship between you and us.
17.6 No third party not involved in these Terms and Conditions or the contract will acquire any right or benefit from said rights even if said third party has relied on these Terms and Conditions or the contract or has declared their agreement with them.
17.7 These Terms and Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile. Likewise, in the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection, child protection and accessibility, the user may resort to the dispute resolution system of TRUST ONLINE http: // www.confianzaonline.es, incarnated in the Advertising Jury and in the National Consumer Arbitration Board.
Amendment of the General Commercial Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. Any amendment to these Terms and Conditions will be published online. However, the uninterruption of the use of the Web will imply acceptance of the new Terms and Conditions.
2. The Web is directed by us is a company registered under the number CIF B18808915 in the local court of Granada, Spain and with fiscal domicile in Calle Garrido Atienza, 21, Santa Fe, Granada, Spain.
5. You will not be able to use the Web, nor submit to said Web, us or any user anything that:
a) It does not comply with any law, statute, norm or regulation.
b) Be fraudulent, criminal or illegal.
c) It is imprecise or obsolete.
d) It may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, shameful, malicious, abusive, hateful, threatening, defamatory, false or political.
e) Pretend to be another person or body or distort the relationship with any person or body.
f) Infringes or violates the copyright or intellectual property rights (including without limiting the copyright, trademark or transmission rights).
g) May be contrary to our interests.
h) It is contrary to any specific norm or requirement of those stipulated in the Web related to a specific part of the Web or to the whole of it.
i) Involve the use, delivery or transmission of viruses, unwanted emails, Trojans, capture doors, traps, Easter eggs, worms, time bombs, cancelboots or any programming routine that has the purpose of damaging, interfering detrimentally, clandestinely intercept or expropriate any system, data or personal information.
6. By means of the present, you grant us an irrevocable, free, universal, transferable and sublicensable license for the use of any material that you submit to us or that you submit to our Web in order to use it on the Web or for the marketing of our services ( by any means and in any medium).
7. The comments or any other material that is published on the Web does not intend to establish the confidence to deposit in it. In this way, we renounce any responsibility arising from the trust placed in such materials by any visitor to the Website or any person who has received information about the content of the same.
8. You agree to comply, at all times, with the instructions for using the Website, which we update every certain period of time.
Web availability, security and fidelity
9. Despite efforts to keep the Web available 24 hours, we are not responsible if, for any reason, the Web is not available at any time or for some time. We can not guarantee, due to the nature of the internet, that the Website will work without errors and in an uninterrupted or timely manner. On occasion, we will have to carry out improvement, maintenance or introduction of new services and functions.
10. The page may deny or suspend access to you or any user, both temporarily and permanently, at any time and without prior notice. We may also impose restrictions, for any reason, regarding the duration and mode of use of any part of the Website. In case you impose such restrictions personally, you can not try to use the Web under any other username.
11. We can not guarantee that the page is compatible with all hardware and software. We are not responsible for damages, viruses or any other code that may affect the computer, software, data or any other property due to access to our website, the use of it or the download of any material contained therein. Likewise, we are not responsible for the actions carried out by third parties.
12. We can modify or update the contents of the Website without prior notification.
13. While we strive to ensure that the information and materials on the Web are correct, we can not guarantee or assure, either expressly or implicitly, that they are complete and accurate, current and adequate for a particular purpose. Also, to the extent permitted by law, we are not responsible for any error or omission. This will not affect any of the obligations established in the contract made for the supply of products, including any obligation related to the provision of information and advice that we can carry out through a part of the Web, available to users who use an appropriate password
Registration on the Web
15. Once registered on the Web, you must indicate a username and password, which you must keep confidential. In case this password reaches third parties, an unauthorized use of your Account or your email is detected or a security breach is perceived, you must notify it immediately. The disclosure of the password to third parties implies the acceptance of the authority of said third parties to act as agent, use and / or carry out business with your Account. You are solely responsible for maintaining the confidentiality of your password.
17. We reserve the right to close your Account in case a non-European user pretends to be a European user or creates problems of any nature on the Web.
18. During the creation of the Account and at each subsequent session start, you are offered the possibility of requesting or waiving the receipt of informative emails (such as newsletters, information on offers, etc.). You can unsubscribe from said services, at any time, from your User Account.
19. Despite storing all orders placed on the Web in order to acquire the products contained in it, for security reasons, you will not be allowed to access said information directly. To do this, you must start a session with your Account. Once there, you will be able to consult the information related to your completed, pending or sent orders, manage your address, your bank details and any newsletter to which you are subscribed.
20. We are responsible for the death or personal injury suffered as a result of our imprudence, false or fraudulent manifestation and serious imprudence or any other action that is not excluded or limited by law.
21. To the extent permitted by law and in accordance with paragraph 22 above, always (except in cases relating to the services offered to a specific consumer, which will be governed by their own contractual and commitment terms):
a) Our total liability with respect to you or to third parties will not exceed, in aggregate and under any other circumstance, the total amount of: i) 100 EUR; or ii) 110% of the total amount you paid us in the 12 months prior to the action that arose.
b) We have no liability (contractual, civil, reckless, false, imprudent or any other type of responsibility) relating to your use, your inability to use or the delay in the use of the Web and the material contained therein or arising from any action or decision taken after making use of the Website or any material linked to: (a) losses, damages, expenses or indirect costs; (b) loss of actual or anticipated benefits; (c) loss of contracts; (d) loss of money use; e) loss of anticipated savings; f) loss of income; g) loss of customers; h) loss of reputation; i) loss of business; j) loss of operating time; k) loss of opportunities or l) loss, damage or corruption of data, whether losses that we could foresee or in which we could suspect that you would incur. To avoid doubts, clauses (b) to (l) are applicable in case of direct, indirect, consequential or other loss.
22. In the event of formalizing a contract with us by placing an order for the purchase of a product of the contents on our website and being accepted by us in accordance with our Terms and Conditions, the relevant provisions of these Terms and Conditions regarding the responsibilities and limitations established in said contract shall replace the limitations of liability provisions indicated in the previous clause 22.a.
23. The names and logos of Hipercalzado and any name, brand design or related slogan are registered trademarks or registered services that belong to us or our licensors.
Intellectual Property Rights
24. We are the owners or licensees of the entire intellectual property rights of the Web and the material contained in it. These are protected by the laws and regulations of intellectual property or copyright of the whole world and are reserved.
25. It is allowed the printing of a copy, the download of extracts or pages of the Web for personal consultations and for attracting the attention of third parties belonging to your organization regarding the material contained in the Web.
26. Modification, either on paper or digitally, of any printed or downloaded material is not allowed, nor is the use of illustrations, photographs, videos, audio files or graphics independently of the accompanying text.
27. It is not allowed the total or partial use of the materials contained in the Web for commercial purposes without the prior obtaining of the license, which must be granted by us or by our licensors.
28. In case of printing, copying or downloading any part of the Web and violating, in this way, the present Conditions of use, you will be immediately removed the right to use the Web and you will have, at your discretion, to return or destroy any copy made of the materials.
Personal information and relative to your visits to the Web
Actions carried out through the Web
30. Contracts for the sale of products formalized through the Website or as a result of visits made to the Website are governed by our Terms and Conditions.
31. We can not exercise any control or take responsibility for the content of any website that can be accessed through a link on our website (except in case we are suppliers of such links). These links are provided "as is", for your convenience and without warranties, neither express nor implied, with respect to the information contained in them. We do not approve or recommend any third party website that can be accessed through a link on our website.
32. It is not allowed, without our consent, to use any of the elements of our Website on our own website or on a third party website.
33. Through these we guarantee a revocable right, not exclusive, free for the creation of a link between your website and ours, provided that such creation is fair and legal and does not harm our reputation or take advantage of it. In particular:
a) You can not give guarantees about us, our services or our policies except in case of express prior authorization.
b) You will not be able to make false, deceptive, pejorative or offensive statements about us, our services or our policies.
c) You can not suggest, expressly or implicitly, that we have promoted your website or have associated with it if that is not the case.
34. If any of the present provisions is considered illegal, invalid or unenforceable by the laws of any state or country in which such provisions are considered effective, to the extent that the jurisdiction permits and this stipulates its illegality, invalidity or inapplicability, said provision will be divided and eliminated from the rest of the Conditions of use, which will remain in full force and will continue to be binding and applicable.
Spanish law and jurisdiction