GENERAL CONTRACTING CONDITIONS FOR E-COMMERCE
www.almaenpena.com and www.almaenpena.es (hereinafter, the Website) is a website owned by ALMA EN PENA, S.L., hereinafter THE OWNER, with CIF / NIF No.: B02408011 and registered office at: Calle Cabo Machichaco, Nº1, C.P. 28290 - Las Rozas De Madrid (Madrid).
The access, reproduction and use of the services of the Web requires the prior acceptance of the current Conditions of Use at any time; THE OWNER reserves the right to modify said Conditions when it deems appropriate, by publishing the new text on the Web.
It is the responsibility of the user to know the Conditions of Use before accessing the products and services of the Web; In case of not being satisfied with them, we beg you, refrain from using it.
PROPERTY
The Web is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, including html codes of the website, etc.), whose Intellectual Property corresponds to THE OWNER, except with regard to those materials obtained under license from third parties.
THE OWNER and its licensors retain at all times the Intellectual Property on the Web and on the different elements that compose it, individually considered, in all the copies made (whatever the medium to which they are incorporated), granting on them only the rights of use that are described below. Any right that is not expressly assigned is understood to be reserved.
In addition to the above, THE OWNER is responsible for the selection, design of the structure and layout of the contents of the Website, as well as who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presenting of the same, corresponding, therefore, the protection that Article 12 and Title VIII of Book II of the Intellectual Property Law may grant on the website, considered as a database.
THE OWNER is also the sole owner of the graphic design and image of the Web, reserving the pertinent legal actions that may correspond against the persons who perform imitations or unfair uses thereof.
It is allowed:
• Web browsing, that is, access and display of the same in a device, being authorized any temporary or accessory reproduction, provided that it is not voluntary and forms an integral and essential part of the technology transmission process. Browsing certain sections of the Web requires prior registration.
• Benefit (after registration) of the services and advantages provided by THE OWNER through the Website to its users, under the conditions expressly indicated in the different sections.
It is strictly prohibited:
• Any operations regarding the Web, its contents, downloaded products and copies of all of them that are contrary to the Law, good customs and good faith.
• Any use outside the personal and private sphere, especially those that have commercial or professional purposes, including the sending of advertising or messages and the collection and processing of data from third parties.
• Any type of extraction, public communication and / or transmission, total or partial, by any means, outside the private scope of permitted use and, especially, its incorporation to any other work, including web pages, collections or databases. The publication in media of the materials susceptible to downloading the Press Room section is exempt from this prohibition.
• The removal, concealment or falsification of notices and warnings about the Intellectual or Industrial Property of the Web or any of the products provided through it.
• The operations and activities expressly prohibited in any other sections of these General Conditions and, in general, any that may prejudice the normal functioning of the Website, to other users or to any third party.
It is authorized the establishment of links and hyperlinks to the Web from other pages or websites, provided that they are not made in a way that harms the public and brand image of THE OWNER, the Web or any of the people and products to which reference is made in it. In the establishment of links to the Web, the use of techniques that imply confusion over the identity and ownership of the contents, such as framing or others, is expressly prohibited.
Is prohibited the establishment of links from websites or pages whose contents promote or advocate, directly or indirectly, any type of violence, discrimination, pornography or illegal activity. Likewise, the establishment of links for commercial purposes is expressly prohibited.
In the creation of the links is expressly forbidden the use of elements extracted from the Web, without the prior and express consent of THE OWNER.
Under no circumstances may links to the Website from third party websites or websites imply relations between THE OWNER and their owners, nor does it imply endorsement, sponsorship or recommendation by THE OWNER about them, so THE OWNER does not will be responsible at all regarding its content and lawfulness.
CONTENTS AND USER BEHAVIOUR
As a client or user of the Website, you agree to make appropriate use of the content and services offered through it and not to use them to:
1. Engage in illicit activities, illegal or contrary to good faith and public order.
2. Disseminate content or propaganda of a racist, xenophobic, pornographic nature that advocates terrorism or violates human rights.
3. Causing damage to the physical and logical systems of THE OWNER, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
4. Disseminate contents that attempt against the image and reputation of THE OWNER or third parties.
5. Attempt against the rights of Intellectual Property, Industrial, image, honor or others that correspond to THE OWNER or third parties.
THE OWNER will have full freedom of decision on whether the collaborations and messages are finally published on the Web or not, being entitled to withdraw them when deemed appropriate.
The infringement of any of the rules contained in these Terms of Use and, most especially, of the provisions of this clause, will entitle THE OWNER to terminate it immediately as a user or subscriber of the Website.
We accept debit, credit card and paypal payments.
PAYMENT METHODS
The Website uses Secure Socket Layers (SSL) for all electronic commerce transactions. SSL is a security system that guarantees that all the data you send us is safe. All of this is achieved through advanced encryption technology that works with Mozilla Firefox, Safari, Netscape Navigator (from version 2.0), Microsoft Internet Explorer (from version 3.0) and AOL (from AOL 3.0).
For you to be calm, keep in mind that it is safer to buy on the websites that have this security system than to use a credit card in restaurants and shops. Payment by card on our website offers maximum security.
We also accept payments through Paypal, Bizum and Sequra (divide in 3 and pay later).
DELIVERY TIMES
Our shippings are free of charge! We ship to: Germany, Austria, Belgium, Bulgaria, Czech Republic, Croatia, Denmark, Eslovakia, Slovenia, Spain (mainland, Balearic Islands and Canary Islands*), Estonia, Finland, France, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal (peninsula), Romania and Sweden.
Other countries contact: atencioncliente@almaenpena.es.
The delivery of orders oscillates between 4-7 days. We tell you the process since you make your order.
1. store confirms your order (usually within 24 hours)
2. The day following on-site messaging collects the order from the warehouse.
3. the next day the order is already on the way to your house.
* understanding that Saturdays, Sundays and holidays are not considered working days. Sometimes the order may be delayed from 1 or 2 days, since our service depends on a human chain where store, messaging and our own management is involved. We promise to try our best to make sure your order reaches you in the shortest possible time.
*Delivery might take longer for orders to the Canary Islands.
Important! Check your order as soon as possible and check that all this right. Returns within a maximum period of 14 days will only be accepted from the delivery of the order.
If you are not at your home at the time of delivery, don't worry. The courier will try to call you to make a new delivery. If he cannot reach you on the telephone number you have given us, he will leave a passing note at the door or in the mailbox. You just have to follow the instructions of said step note, and you can make a new delivery with courier the next day. If you detect any delay in the delivery of your order, do not hesitate to contact us at atencioncliente@almaenpena.es.
If none of the above situations occurs, this absence will be notified to us as an incident, so the Web will try to contact you within 24 working hours to make a new delivery. This redelivery attempt can be made up to a maximum of 2 times, free of charge. If we do not get a response within this period, your order will be returned to the warehouse of origin and we will refund the amount of your order to your card.
If your order consists of several items, it is possible that they are sent from different warehouses, and that they arrive on a different date.
RETURNS
To make changes/returns you have a maximum period of 30 days from the delivery of the order. You must follow the following process:
1. Log in to your account, choose the option "My orders", and select the order to be returned. Once inside you will have to mark the items you wish to return and specify the reason for the return. If you have placed your order as a guest, you must write to atencioncliente@almaenpena.es in order to process the return.
2. You will receive a label in your email with instructions on how to return your item. Put the product back in its original box and wrap it.
Returns have a cost of 6€ per item (VAT included) which will be deducted from the refund. Exchanges are free, you only have to make a new purchase before the return arrives at our warehouse for a full refund.
If there has been an error in the shipment or the article has quality problems, it is essential that you send an email with photos of the defect or problem of the shoe to atencioncliente@almaenpena.es.
The refund will be made within 7 working days of receipt of the item in our warehouse, minus any costs incurred. The refund will be made through the same means of payment used by the customer for the initial transaction.
The items must be in perfect condition and in the same condition in which they were received. Alma en Pena reserves the right to refuse returns after the deadline, if the item is not in the same condition as when it was sent or if it does not meet our return conditions. We will not refund if the product has been used.
*We do not offer home collection or delivery to a post office in the Canary Islands, UK and Portugal.
DISCLAIMER
Consumers who place their orders on the Internet have the protections recognised by the European regulations on online shopping.
You can withdraw from your online purchase within 14 days of receiving the product. To exercise your right, download this form, fill it in and send it to atencioncliente@almaenpena.es by email, or to Calle Cabo Norfeo nº 1, 28290 Las Rozas de Madrid, Madrid, by ordinary mail.
In case of withdrawal, the refund will be made through the same means of payment used by the customer for the initial transaction, and never later than 14 calendar days after the consumer expresses his wish to exercise the right of withdrawal in accordance with Article 107.1 RDL1 /2007.
ORDERS WITH DESTINATION CANARY ISLANDS
The customer who places an order to be handed in within the Canary Islands, will assume all fees and taxes associated with the purchase, in accordance with current legal provisions. The amount of taxes and customs duties must be paid in cash upon receipt of the shipment. In these shipments, the amount of the invoice in euros will be taken as the declared value for customs purposes.
Likewise, in the event of a return, the client assumes the amount of the corresponding taxes and customs duties, in accordance with current legal provisions. In this shipment, the amount of the invoice in euros will be taken as the declared value for customs purposes. Moreover, the customer qill assume the cost of this shipment. In addition, if a change is not made, the customer will be charged 6 euros per returned item.
Regarding the invoices issued for the Canary Islands, they are exempt from VAT.
RETURN OF JEWELERY
For hygiene and safety reasons, we will not accept returns of costume jewelery.
CLAIMS
In case you are not satisfied with our way of acting, you can access the online dispute resolution platform of the European Union. Please use this link: European Consumer Center.
CHANGE
To request a product change, the customer must contact customer service within 14 calendar days after receiving the order.
For reasons of health and hygiene, products that have been unsealed or used after delivery will not be accepted, so they must be in perfect condition and under the same conditions in which they were received.
To manage any exchange of products purchased in the Website the customer must contact our Customer Service by email: atencioncliente@almaenpena.es or through the telephone +34 917 325 958, whose schedule of attention to the public is of 8.30 to 20.30 on Monday, and 8.30am to 3.30pm from Tuesday to Friday.
The customer must indicate the order number and we will tell you exactly all the steps to follow. We also inform you that we will not accept changes or returns that have not been previously communicated through the indicated channels.
The customer can cancel the order without any charge and without giving any reason, should contact as soon as possible with customer service on the phone: 916658462, or through the following email address: atencioncliente@almaenpena.es.
If the order has not left our stores, we will cancel it without problem, but if the order is already on the way, we will have to wait to receive it back and once confirmed the receipt of the same, the amount of the product will be refunded and return will be carried in the same form of payment used in the purchase.
DATA PROTECTION
The information or personal data you provide us will be treated in accordance with the provisions of the Privacy Policy. By making use of this web page, the processing of said information and data is consented and it is declared that all the information or data that you provide us are true and correspond to reality.
MODIFICATIONS
THE OWNER reserves the right to make, without prior notice, the modifications it deems appropriate on the Web, may change, delete or add both the content and services provided through it, as the way in which they appear presented or located.
Although THE OWNER will make its best efforts to keep the information contained in the Web updated and free of errors, does not offer any guarantee regarding its accuracy and updating.
Neither is it possible to obtain any result or specific purpose, so access to and use of the Website is the exclusive responsibility of the users and customers.
LEGAL ACTIONS
THE OWNER will pursue the breach of these Terms of Use, as well as any improper use of the Website or its contents, the infractions of the rights that correspond to it or its licensors, especially those of Intellectual and Industrial Property, exercising all the actions, civil and criminal, that may correspond to it in Law.
PARTICULAR CONTRACTING CONDITIONS
General disposition
ALMA EN PENA S.L. makes available to its clients (hereinafter, the “Clients”) different modalities for the remote purchase of the goods and / or services offered by ALMA EN PENA S.L. on its website, the characteristics and prices of which are duly identified on said page. These "Particular Conditions of Contract" will be applicable to those sales that are formalized between Clients and ALMA EN PENA S.L., by means of telephone contracting in its different modalities (if any).
To this end, ALMA EN PENA S.L. has enabled a form of telephone contracting: instant messaging system through the WhatsApp or WhatsApp Business tool (the "Telephone Sales Mode").
Likewise, to the pre-contractual and contractual relationship resulting from purchases made through the Telephone Sales Mode, the General Contracting Conditions of ALMA EN PENA SL will be applicable, except in those terms in which there is a contradiction with these Conditions Contracting Individuals, in which case the provisions of this document will prevail.
These Particular Contracting Conditions, as well as the General Contracting Conditions, are covered by the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce; Law 7/1998, on General Contracting Conditions; Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws; Law 3/2014 of March 27, which modifies the revised text of the aforementioned General Law for the Defense of Consumers and Users and other complementary laws, and any other regulations that are legally applicable.
Telephone contracting procedure
For the acquisition or purchase of the products and / or services of ALMA EN PENA S.L. Through the Telephone Sales Modalities, the Client must follow the instructions shown below:
● In any case, the acquisition of products and / or services from ALMA EN PENA S.L. Through the Telephone Sales Modalities, it will be available exclusively with respect to those goods and / or services that, at the discretion of ALMA EN PENA S.L., admit this type of purchase.
● During the purchase process through the Telephone Sales Modalities, the Client must provide ALMA EN PENA SL, at least, the following personal data: their name and surname, postal address, email address and phone number. mobile phone.
● In the event that the desired product and / or service is not available in the store where the corresponding order is being processed, or there are not enough units, ALMA EN PENA S.L. It may offer the Client different alternatives, redirecting him to other stores (including the online store of ALMA EN PENA S.L.) if possible, or offer him products and / or services with similar characteristics.
● After having provided the information referenced above, the Client will receive a message in the email that he has expressly indicated to ALMA EN PENA S.L. or, where appropriate, a message through the WhatsApp tool, depending on the Telephone Sales Mode through which the purchase process is being carried out. In this message, the details of the Customer's order will be collected, and they will be asked to accept the following in writing: (i) that they agree with the order details, (ii) that they agree that the formalization of the corresponding order implies a payment obligation for the Client; and (iii) that you have read and accept the Particular Contracting Conditions for telephone sales and the General Contracting Conditions of ALMA EN PENA SL, and under which the aforementioned purchase operation is governed, as well as the Privacy Policy of ALMA IN PENA SL (https://almaenpena.es/es/content/16-politica-de-privacidad).
● Payment of the price of the products and / or services purchased and the shipping costs may be made, both by credit card, debit card or through other payment methods that ALMA EN PENA SL, at any time, may offer to the client.
● In the event that the Client has any doubts about their order and its status, they may contact ALMA EN PENA S.L. through the WhatsApp tool.
INVOICE
If you need an invoice for an order already placed and/or received, contact us through our email atencioncliente@almaenpena.es. We will need your order number and billing information to be able to provide it to you. Remember to tell us if you request it in paper or electronic format, since the issuance of the electronic invoice will always be conditioned to the fact that we have received your express consent as indicated in article 63.3 of the General Law for the Defense of Consumers and Users.
TELÉFONO
NEWSLETTER