CENERAL TERMS AND CONDITIONS FOR ONLINE STORES
www.almaenpena.com or www.almaenpena.es (hereinafter, the Web) is a website owned by ALMA EN PENA, S.L., hereinafter THE OWNER, with CIF/NIF no.: B02408011 and registered office at: Calle Cabo Norfeo nº 1, 28290 Las Rozas de Madrid, Madrid.
The access, reproduction and use of the services of the Web requires the previous acceptance of the Conditions of Use in force at each moment; THE OWNER reserves the right to modify these Conditions when he considers it opportune, by means of the publication of the new text in the Web.
It is the user's responsibility to know the Terms of Use before accessing the products and services of the Web; if you do not agree with them, please refrain from using it.
PROPERTY
The Website 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 belongs to THE OWNER, except for 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 that are made (whatever the support to which they are incorporated), granting on them only the rights of use that are described below. Any right not expressly granted is reserved.
In addition to the above, THE OWNER is responsible for the selection, design of the structure and layout of the contents of the Web, as well as who has taken the initiative and assumed the risk of making substantial investments aimed at obtaining, digitizing and presenting the same, corresponding to him, 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 design and graphic image of the Web, reserving the pertinent legal actions that could correspond to him against the persons who carry out imitations or unfair uses of the same one.
It is allowed:
- Browsing the Web, that is to say, accessing and viewing it on a device, any temporary or accessory reproduction being authorized, provided that it is not voluntary and forms an integral and essential part of the technological process of transmission. The navigation through certain sections of the Web requires prior registration.
- To benefit (previous registration), of the services and advantages provided by THE OWNER through the Web to its users, in the conditions that are expressly indicated in the different sections.
It is strictly forbidden:
- Any operations with respect to 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 with commercial or professional purposes, including the sending of advertising or messages and the collection and processing of third party data.
- Any type of extraction, public communication and/or transmission, in whole or in part, by any means, outside the private sphere of permitted use and, especially, its incorporation into any other work, including web pages, collections or databases. Exceptions to this prohibition are the publication in the media of materials that can be downloaded from the Press Room section.
- The removal, concealment or falsification of the notices and warnings about the Intellectual or Industrial Property of the Web or any of the products provided through the same.
- The operations and activities expressly prohibited in any other sections of these General Conditions and, in general, any that may harm the normal operation of the Web, other users or any third party.
LINKS TO THE WEBSITE
It is authorized the establishment of links and hyperlinks to the Web from other pages or websites, provided that they are not done in a way that harms the public image and brand of the OWNER, the Web or any of the persons and products referred to therein. In establishing links to the Web is expressly prohibited the use of techniques that imply confusion about the identity and ownership of the contents, such as framing or other.
The establishment of links from pages or websites whose contents promote or advocate, directly or indirectly, any type of violence, discrimination, pornography or illegal activity is prohibited. Likewise, the establishment of links for commercial purposes is expressly prohibited.
In the creation of links, the use of elements extracted from the Web is expressly prohibited without the prior express consent of THE OWNER.
In no case may it be understood that links to the Web from pages or websites of third parties imply relations of THE OWNER with the owners of these, nor imply endorsement, sponsorship or recommendation of THE OWNER on them, so THE OWNER shall not be liable in any way with respect to their content and legality.
CONTENT AND USER BEHAVIOR
As a customer or user of the Web, you agree to make appropriate use of the content and services offered through the same and not to use them for:
1. Engaging in activities that are illicit, illegal or contrary to good faith and public order.
2. Disseminate content or propaganda of a racist, xenophobic or pornographic nature, or that advocates terrorism or violates human rights.
3. Cause damage to the physical and logical systems of the OWNER, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage.
4. Disseminate content that undermines the image and reputation of the OWNER or third parties.
5. Violate the rights of intellectual property, industrial, image, honor or others that correspond to the OWNER or third parties.
THE OWNER shall have full freedom to decide whether the contributions and messages are finally published on the Web or not, being entitled to withdraw them when it deems appropriate.
The infringement of any of the rules contained in these Terms of Use and especially, of the provisions of this clause, shall entitle THE OWNER to immediately terminate you as a user or subscriber of the Web.
PAYMENT METHODS
The Web uses Secure Socket Layers (SSL) for all e-commerce transactions, a security system that guarantees that all the data you send us is safe. All this is achieved through an advanced encryption technology that works with Mozilla Firefox, Safari, Netscape Navigator (since version 2.0), Microsoft Internet Explorer (since version 3.0) and AOL (since AOL 3.0).
To give you more peace of mind, please note that it is safer to buy on websites that have this security system than using your credit card in restaurants and stores. Payment by credit card on our website offers maximum security.
We also accept payments through Paypal, Bizum, Google Pay, Apple Pay and Sequra (divide in 3 and pay later).
DELIVERY TIMES
We ship to: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Portugal (mainland, Balearic Islands and Canary Islands*), Romania, Slovakia, Slovenia, Spain (mainland, Balearic Islands and Canary Islands*), Sweden and Spain (mainland). Other countries write to: [email protected]
The delivery of orders ranges between 2-6 days. We tell you the process from the moment you place your order.
1. The warehouse confirms the order (usually within 24 hours)
2. The next working day courier picks up the order from the warehouse.
3. The next day the order is already on its way to your home. *understanding that Saturdays, Sundays and holidays are not considered working days.
Sometimes the order may be delayed for 1 or 2 days, since our service depends on a human chain involving the warehouse, the courier and our own management. We promise to take care of your order so that it arrives to you in the shortest possible time.
*For shipments to the Canary Islands, delivery times may be longer.
IMPORTANT! Check your order as soon as possible and make sure everything is correct.
If you are not at home at the time of delivery, do not worry. The courier will try to call you to arrange a new delivery. If he is unable to reach you at the telephone number you have provided, he will leave a note of passage at your door or in your mailbox. Just follow the instructions on the note, and you will be able to arrange a new delivery with the courier the next day. If you detect any delay in the delivery of your order, do not hesitate to contact us at [email protected].
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 arrange a new delivery. This new delivery attempt can be made up to a maximum of 2 times, free of charge. If we do not receive 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 credit card.
If your order consists of several items, they may be shipped from different warehouses and may arrive on different dates.
RETURN
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 return. 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 [email protected] in order to process the return.
2. You have two different ways of return. Select the one you prefer and wait for your request to be approved.
Home pick-up: you will receive an e-mail from the transport company confirming your pick-up within 24-48 hours.
- Return through the post office, Correos: once your application has been approved, you will receive an e-mail with an alphanumeric code that you must show at the post office you wish to go to.
3. Put the product back in its original box and wrap it before collection by the carrier. Once we have received the returned model in our warehouse, we will perform the pertinent quality and product condition checks.
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 item has quality problems, it is imperative that you send an email with photos of the defect or problem with the shoe to [email protected].
The refund of the amount, minus the costs if any, will be made within a period not exceeding 7 working days from receipt in our warehouse. The refund will be made through the same means of payment used by the customer for the initial transaction.
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 they do not meet our return conditions. We will not refund if the product has been used.
*We do not offer home pick-up or delivery to a post office in the Canary Islands, United Kingdom and Portugal.
DISMISSAL
The consumer who orders on the Internet has the protections recognized by the European regulations on online shopping.
You can cancel your online purchase within 14 days from receipt of the product. To exercise your right, download this form, fill it in and send it to [email protected] by email, or to Calle Cabo Norfeo nº 1, 28290 Las Rozas de Madrid, Madrid, by regular 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 desire to exercise the right of withdrawal in accordance with Article 107.1 RDL1 /2007.
ORDERS TO CANARY ISLANDS
The customer who places an order destined for the Canary Islands will assume all fees and taxes associated with the purchase, in accordance with the legal provisions in force. The amount of taxes and customs duties must be paid in cash upon receipt of the shipment. In these shipments will be taken as declared value for customs purposes the amount of the invoice in euros.
Likewise, in case of return, the customer assumes the amount of the corresponding taxes and customs duties, in accordance with the legal provisions in force. In this shipment, the declared value for customs purposes shall be taken as the invoice amount in euros. The return shipping costs shall be borne by the customer. In addition, if no exchange is made, the customer will be charged 6 euros per returned item.
Invoices issued for the Canary Islands are exempt from VAT.
RETURN OF COSTUME JEWELRY
For hygienic and safety reasons, we will not accept returns of costume jewelry products.
CLAIMS
In case you are not satisfied with the way we act, you can access the European Union's online dispute resolution platform, please use this link: European Consumer Center.
DATA PROTECTION
The information or personal data you provide will be treated in accordance with the provisions of the Privacy Policy. By using this website you consent to the processing of such information and data and declare that all information or data you provide is true and corresponds to reality.
MODIFICATIONS
THE OWNER reserves the right to make, without prior notice, the modifications it deems appropriate on the Web, and may change, delete or add content and services provided through the same, as well as the way in which they are presented or located.
Although THE OWNER will make its best efforts to keep the information contained on the Web updated and free of errors, it does not offer any guarantee regarding its accuracy and updating. Nor is guaranteed to obtain any specific result or purpose, so that access and use of the Web, is the sole responsibility of users and customers.
LEGAL ACTIONS
THE OWNER will pursue the breach of these Terms of Use, as well as any misuse of the Web or its contents, infringements of the rights that correspond to it or its licensors, especially those of Intellectual and Industrial Property, exercising all actions, civil and criminal, which may correspond in law.
SPECIAL CONTRACTING CONDITIONS
General Provisions
ALMA EN PENA S.L. makes available to its customers (hereinafter, the "Customers") different modalities for the remote purchase of goods and/or services offered by ALMA EN PENA S.L. on its website, whose characteristics and prices are duly identified on that page. The present "Special Conditions of Contracting" will be applicable to those sales that are formalized between the Clients and ALMA EN PENA S.L., by means of telephone contracting in its different modalities (if any).
For this purpose, ALMA EN PENA S.L. has enabled a telephone contracting modality: instant messaging system through WhatsApp or Whatsapp Business tool (the "Telephone Sales Modality").
Likewise, to the pre-contractual and contractual relationship resulting from purchases made through the Telephone Sales Modality, the General Contracting Conditions of ALMA EN PENA S.L. shall apply, except in those terms in which there is a contradiction with these Particular Contracting Conditions, in which case the provisions of this document shall prevail.
These Special Conditions of Contract, as well as the General Conditions of Contract, are covered by the provisions of Law 34/2002, on Information Society Services and Electronic Commerce; Law 7/1998, on General Conditions of Contract; Royal Legislative Decree 1/2007, of November 16, which approves 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 amends the revised text of the aforementioned General Law for the Defense of Consumers and Users and other complementary laws, and any other regulations that may be legally applicable.
Telephone contracting procedure
For the acquisition or purchase of ALMA EN PENA S.L. products and/or services through the Telephone Sales Modalities, the Customer must follow the indications shown below:
● In any case, the purchase of products and/or services of ALMA EN PENA S.L. through the Telephone Sales Modalities will be available, exclusively, with respect to those goods and/or services that, at the discretion of ALMA EN PENA S.L., admit this modality of purchase.
● During the purchase process through the Telephone Sales Modalities, the Customer must provide ALMA EN PENA S.L. with, at least, the following personal data: his/her name and surname, postal address, e-mail address and cell phone number.
● 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. may offer the Client different alternatives, redirecting them to other stores (including ALMA EN PENA S.L.'s online store) if possible, or offer them products and/or services of similar characteristics.
● After having provided the information referenced above, the Client will receive a message in the email that has expressly indicated to ALMA EN PENA S.L. or, where appropriate, a message through the WhatsApp tool, depending on the Modality of telephone Sale through which the purchase process is being carried out. This message will contain the details of the Client's order, and the Client will be asked to accept in writing the following: (i) that he/she agrees with the details of the order, (ii) that he/she agrees that the formalization of the corresponding order implies an obligation of payment for the Client; and (iii) that he/she has read and accepts the Particular Contracting Conditions for the Telephone Sale and the General Contracting Conditions of ALMA EN PENA S.L., and under which the referred purchase operation is governed, as well as the Privacy Policy of ALMA EN PENA S.L. (https://almaenpena.es/es/content/16-politica-de-privacidad).
The payment of the price of the products and/or services purchased and the shipping costs may be made by credit card, debit card or through other payment methods that ALMA EN PENA S.L., at any given time, may offer to the Client.
● In case the Customer has any doubts about his order and its status, the Customer may contact ALMA EN PENA S.L. through the WhatsApp tool.
ALMA EN PENA S.L. will provide the most updated information possible regarding the availability and stock of the articles requested by the Client. However, it is possible that the product, whose availability has been confirmed, is exhausted during the purchase process itself (including the time that the Customer may incur when making and concluding the corresponding payment, as in cases of payment by transfer or financing) or that delivery times suffer delays on days of special discounts, or due to natural or environmental causes, strikes beyond the control of ALMA EN PENA S.L. and/or for reasons of force majeure beyond the control of ALMA EN PENA S.L..
In case of such situations, ALMA EN PENA S.L. will do its best to inform the Customer by WhatsApp or by phone call.
INVOICES
If you need an invoice for an order already placed and/or received, please contact us through our email [email protected]. We will need your order number and billing information in order to provide it to you. Remember to tell us if you request it in paper or electronic format, as the issuance of the electronic invoice will always be conditioned to our having received your express consent as indicated in article 63.3 of the General Law for the Defense of Consumers and Users.
