PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
These Terms will apply to any contract between us for the sale of Products to you (‘Contract’). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, you will signify your acceptance and understanding of these Terms by clicking the “Confirm” option. Please check these Terms to ensure you understand the terms which will apply at that time.
These Terms were most recently updated in March 2016.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
1.1 We operate the website www.altezza.es. We are ALTEZZA SHOES, S.L.U. a company registered in Spain under the VAT number ES-B26531764 and our registered office and main trading address is Av. Zaragoza 41,1. 26540 Alfaro (La Rioja), Spain.
PRODUCTS AND AVAILABILITY
2.1 While we make every effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, including adopting every technological solution possible to minimize inaccuracies, variations may occur due to the technical and colour resolution characteristics of your computer and the handmade nature of the products. ALTEZZA SHOES, S.L.U. shall not be liable therefore for the eventual inadequacy of the graphic representations of ALTEZZA products displayed on the Site owing to the above mentioned technical and production issues.
2.2 You acknowledge that the products offered by us with the Service are subject to stock limits.
2.3 You may check the availability of any item offered on our site at any time by checking the sizes available. Any size with a line through it has sold out. Inconveniences may occasionally occur regarding the availability of certain products. In such circumstances, we will inform you of this fact as soon as possible (and in any case within the term of delivery as specified below) by e-mail or telephone. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made to your credit/debit card. In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
2.4 We reserve the right to change the items offered on our site at any moment, without prior notice.
2.5 We reserve the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind.
USE OF OUR SITE
3.1 Your use of our site is governed by our:
3.2 Website Terms and Conditions; and
3.4 Cookies Policy
Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
5.1 You may only purchase Products from our site if you are at least 18 years old.
5.2 You have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 The order procedure is completed when you select the “Confirm” option. Upon confirmation, your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by the applicable law.
6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these Terms and Conditions.
6.4 The data recorded on the Site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us shall be treated as legal evidence of the transaction.
OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 Changes in how we accept payment from you;
7.1.2 Changes in relevant laws and regulatory requirements; and
7.1.3 Any other reasonable circumstances.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the outset of these Term and Conditions.
YOUR RIGHT OF CANCELLATION
NOTE: This clause 8 only applies if you are a consumer and if you are a European Community citizen. If you are purchasing Products from outside of the European Community please see clause 10 below.
8.1 You have a legal right to cancel a Contract during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or Products, you can notify us of your decision to cancel the Contract and receive a refund.
8.2 Your legal right to cancel a Contract starts from the date of the order confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Product. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.3 To cancel a Contract, please contact us in writing by sending an e-mail to email@example.com headed ‘Notice of Contract Cancellation’. You may wish to keep a copy of your cancellation notification for your own records. We will get back to you within 24 hours after receiving your e-mail to confirm that your cancellation has been made effective.
8.4 If you refuse delivery or if for any other reason the delivery of the Product does not occur then the Product will be returned to us by our shipper and we shall assume unless you advise us to the contrary that you have cancelled the Contract.
8.5 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the Product and will be liable for damage to them until we actually receive them at our warehouse. We also recommend that you use a secure, trackable means to return your order to us. Product the subject of cancellation must be shipped to ALTEZZA SHOES, S.L.U. Av. Zaragoza 41, 26540 Alfaro (La Rioja), Spain. You should retain proof of sending, in case of a dispute.
8.6 Please note that you must cover the cost of the return shipment, as our returns policy does not apply to orders cancelled under the Distance Selling Regulations.
8.7 Product should be returned to us with their original packaging and footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition. Product must be sent from the country that the order was delivered to.
8.8 Subject to compliance with clause 8.7 above, in the case of the first return carried out by customers from EU Countries –to where we offer free delivery-, we will refund the full value of your order, within 30 days of receiving your notice of contract cancellation. For further returns, the shipping charges you will incur through returning an order from EU Countries are as follows. (This will be taken from the total of your refund, rather than charge your card again): 15,00€
In the case of returns from Non-EU Countries, the original shipping charges will not be refunded.
8.9 Please note you may only use your right to cancel the order if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you received you order, as described above.
EXCHANGING AND/OR RETURNING PRODUCT
NOTE: For the avoidance of doubt if you are ordering Product from outside of the European Union (EU) please carefully read the Note at the beginning of Clause 8 which explains that no right of cancellation applies to you. Your only rights to return Product are set out in this clause 9.
9.1 You must upon receipt immediately check all Products you receive against your order. Before your order leaves our warehouse, it is fully checked by our packing team. If the Product you receive is damaged, defective or in any way incorrectly supplied on delivery, please contact us immediately. Please note the details of any damage or error in supply and inform us (by e-mail only) as soon as possible but in any case within a period of time of 7 days. Products must be returned with its original packaging and dustbag included. Please ensure when returning the parcel that the ALTEZZA box is protected for the shipping. Footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition. Returns that are damaged, soiled or returned without the original box may not be accepted and may be returned to the customer.
9.2 To return or exchange a product, you must contact us in writing by sending an e-mail to firstname.lastname@example.org headed ‘Return’ or ‘Exchange’ and the reference of the Product within 7 days of receipt of the goods. You will need to include your name, address and reference of the product. You may wish to keep a copy of your cancellation notification for your own records. We will get back to you within 24 hours after receiving your e-mail with a written confirmation. You should not return any Product to us until these arrangements have been made.
9.3 Any return must be made in a single delivery shipment. It is imperative that you follow our instructions for the return of your items and that all goods are shipped back to us within 7 days of their receipt.
9.4 There is no charge to exchange items for a different size, however all exchanges are based on stock availability. Shipping is also free to EU Countries on the replacement item. You will need to pay in any case, for the return shipping to us. Additionally any exchanges of Product from outside the EU, will incur shipping charges which shall be deducted by us from your credit/debit card.
9.5 If you have purchased Product from us from outside the EU you are wholly responsible for the payment of all taxes, duties, customs and import fees on any supply of Product. We cannot under any circumstances refund such import expenses. You must deal with this application directly with the appropriate authority.
9.6 We recommend that you retain proof of sending, in case of a dispute.
9.7 Any refunds will be credited back to the debit/credit card used for payment and will be subject to our right to withhold amounts for products which are damaged or degraded on return.
9.8 Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 Our site contains a large number of Products. It is always possible that, despite our efforts to the contrary, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or alternatively you may cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
10.2 Spanish VAT of 21% is applied to all orders shipping to the EU. The prices shown on this website are inclusive of Spanish VAT.
10.3 Sales made to customers outside of the EU are dealt with in clause 11 below.
INTERNATIONAL SALES AND DELIVERY
11.1 We ship DDU (delivery duty unpaid) to certain destinations outside the EU. Product prices displayed on our website are inclusive of Spanish VAT. In checking out, if you have selected a country outside the EU to ship to, the 21% VAT will be removed from the price during the checkout process. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival. We are unable to advise or predict the amount. You alone shall be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.2 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11.3 We are unable to ship certain products outside the EU including products made of or containing CITES restricted materials. We will make an effort to indicate on the product pages if the product will not ship outside the EU. In checking out, based on your shipping destination, you may be blocked from checking out with these products in your cart and you will need to either remove them or change your ship to destination to proceed with your order.
12.1 Your order will be fulfilled by within one working day of receipt. If we receive your order before 12:00 local time Spain, it will be processed and shipped that same working day unless there is an Event Outside Our Control. (This phrase is this defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Estimated delivery times are:
EU countries: 3-6 working days.
Non-EU countries: 10-14 working days.
12.2 Delivery will be completed when we deliver the Products to the address you gave us.
12.3 Please make sure that the shipping address is correct as we are unable to redirect orders once they are on their way to you.
12.4 Before we can dispatch your order, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum.
12.5 We insure each purchase whilst in transit and until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us and transfer of responsibility in the same way.
HOW TO PAY
13.1 You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Mastercard, Maestro, American Express. We also accept payment via PayPal.
13.2 Payment for the Products and all applicable delivery charges is in advance.
OUR LIABILITY IF YOU ARE A CONSUMER
14.1 This clause 14 only applies if you are a consumer.
14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
14.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.4 We will contact you as soon as reasonably possible to notify you; and
15.5 Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to contact us “in writing”, this will be mainly by e-mail, although you can also send us a letter to ALTEZZA SHOES, S.L.U., Av. Zaragoza 41, 26540 Alfaro (La Rioja) Spain.
16.2 If we have to contact you or give you notice in writing, we will do so by e-mail, by pre-paid post to the address you provide to us in your order, or by phone.
OTHER IMPORTANT TERMS
17.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient by you of your gift of a Product will have the benefit of a Contract made between us and the original purchaser, but neither we nor you will need their consent to cancel or make any changes to these Terms.
17.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.4 If you are a consumer, please note that these Terms are governed by Spanish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Spanish law.
17.5 If you are a business, these Terms are governed by Spanish law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Spanish law. We both agree to the exclusive jurisdiction of the courts of La Rioja, Spain.
17.6 We will not file a copy of the Contract between us.
18.1 “Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that is referenced herein and posted on the internet and/or social media.
18.2 We do not claim any copyrights in the content. However, by agreeing to these terms you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize the content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating you in any way, and to authorize others to do the same.
18.3 In addition, you grant us the right to include the name provided along with the content submitted by you; provided, however, we shall have no obligation to include such name with our use of such content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with the content that you submit or license to us. You represent and warrant that you have all rights necessary for you to grant the licenses granted herein. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the content that you may have under any applicable law under any legal theory. Finally, you waive any and all claims relating to copyright infringement and/or any invasion or misappropriation of the right of privacy or publicity and warrant that we do not need permission from any other party, including those of parents or other subjects in the content.
18.4 You will signify your acceptance and understanding of these Terms and grant ALTEZZA SHOES, S.L.U. the rights described above by selecting the “Confirm” option at the end of the purchasing process.