The following Purchase Terms have been established according to the Law 34/2002, for Society Information Services and Electronic Commerce; the Law 7/1998, for General Purchase Terms; the Law 3/2014, of March 27th, modified by the General Law for the Defense of the Consumers and Users and other complementary laws, being approved for the Royal Legislative Decree 1/2007, of November 16th; the Law 7/1996, for Retail Trade; the Law 59/2003, of December 19thfor Electronic Signature and all the legal disclosures that may be applied as result.
The access to the Website “www.vandel.co” (the “Website”), the usage and / or the purchase of any product and / or services on the Website implies the user acceptance, unconditionally, of all the Purchase Terms hereafter described, together with the Particular Terms that may be established if necessary.
Procedures to acquire goods and / or to obtaining the services offered will be those described by the Purchase Terms herein, as well as for those specific others indicated in the Browser while navigating, so the acknowledges and agrees with those procedures in order to access the products and services offered on the Website.
The presale system enables the user to purchase products on the Website before the release date of the products.
The Purchase Terms established herein will standardize the presale of products on the Website too, except for the following specifications, which will be merely applied to the products obtained in presale:
Will be enabled both buying limited products and numbered units.
The presale period will have a limited duration in time, which will be specified on the Website.
Products purchased while presale period will be shipped in the date indicated on the Website.
Changes in the purchased items while presale will be replaced by another limited numbered unit, if possible. Otherwise, the product will be replaced by other not limited and numbered item.
The charge will take place at the time of the purchase of the product and once the payment method has been introduced.
HOW TO PURCHASE A PRODUCT
The user shall select model, size and quantity for the desired product, then press “Add to Cart”. Once the product selection is completed, the user should access the cart and click “Finish the Purchase”.
Billing and shipping data may be provided by opening a user account (“User Account”), that will safely store the data for control and shipment tracking, as well as for future purchases, or by providing such data without storage through the optional guests account (“Guess Account”.)
Once taken the order, the user will receive an order confirmation by email, two emails on the status on the manufacturing of his order, and will receive another email once the order is shipped.
MISTAKES IN THE ORDER
In case that the user realizes that a mistake has been made when ordering, shall access to its user account, where will be able to modify the information given as needed.
If the user has purchased the product by using the Guest Account, shall send an email explaining the mistakes made and its rectifications to the following address: email@example.com.
In any event, the mentioned mistakes may be modified only if production has not started. Once the order has been sent for production, the requested modification will not be possible. In case that the order has been already delivered, the user shall follow the instructions provided in "Section 8".
AVAILABILITY OF PRODUCTS
All orders are subject to the availability of raw materials. In case that the user places an order and the materials are not in stock, an email will be sent advising that the purchased product cannot be manufactured and the payment made will be refunded; or either manufactured once materials are back in stock again, depending on the user´s preferences.
The shipment availability to the customer’s country, it’s associated costs and delivery speed options will be shown at checkout. The service will be determined dynamically based on the user’s location, and the volumetric size of the parcel by our carrier’s API integration.
The indicated deadlines will begin to compute after receiving the confirmation of the completion of the manufacturing process, and its fulfillment compliance is subject to no exceptional or unforeseen circumstances. In any case, the maximum delivery time will be of thirty (30) days from the date of the order confirmation.
When calculating the period of shipping, only working days will be considered, excluding weekends and holidays.
If for some reason the delivery date cannot be fulfilled, the user will be informed, and shall decide whether to wait to the new delivery date or to receive the return of the paid amount.
It will be understood that the delivery will be completed once the user or a third party chosen by the user has acquired the material possession the products, that shall be accredited by a signature in the moment of the reception in the address agreed or, if requested, in the office where the products were stored. From that moment, the risks and the ownership related to the products will be transfer to the user.
There will be two attempts of delivery (leaving a notice when the delivery results in a failure, if possible.) After the second attempt, goods will be deposited in a post office for the user to collect the order. In this case, the user will be notified about the postal office via email.
If after thirty (30) days after the order is ready to deliver the user has not collected the items, or for reasons not attributable to the carrier has not being delivered, it will be understood that the user desists the contract and it will be considered resolved. As a result of the termination of the contract, the paid amount will be returned to the user, including the delivery charges within a maximum period of fourteen (14) calendar days from the date deemed for terminating the contract. However, transports derived may has additional charges, so the user authorizes to cover the mentioned costs according to this resolution.
PRICES AND PAYMENT
Prices shown on the Website include VAT. Shipping costs shall be added to the total amount due depending on the destination of the order to be delivered.
Prices shown on the Website may suffer changes, but those changes will not affect to the orders once confirmed.
All users must provide certain data for the payment (such as credit or debit card numbers), and only users with a User Account could save their data for future purchases. Users who decide to use a Guest Account shall enter the requested data for future purchases instead.
Visa, MasterCard, and American Express cards are accepted.
The data of credit / debit cards will be coded. As the charge on your card will be made once the order is confirmed.
By clicking “Authorize payment” the user confirms that the chosen payment method is legitimate and therefore authorizes its use.
Credit cards chosen by the user may be subject to validation and authorization checks by the issuing institution, but in case that the mentioned institution does not authorizes the payment, we will not be responsible for any delay or non-delivery in your order, therefore we will not be able to fulfill any contract with the user.
In accordance with Article 68 of the Law 37/1992 of December 28th, for Value Added Taxes, the delivery of the items will include applicable Spanish VAT territories if the delivery address happens to be within the Spanish mainland territory except for Canary Islands, Ceuta and Melilla. The VAT rate applicable shall be the one legally established at any time depending on the particular item.
For orders to Canary Islands, Ceuta and Melilla, deliveries will be exempted from VAT according to the Article 21st of the Law 37/1992, without prejudice to the application of taxes and duties according to the regulation in force in each of the above-mentioned territories, which payment shall be covered by the user.
The user expressly authorizes to issue the invoice electronically. However, the invoice may be issued on paper format as well, under prior request.
RETURN POLICY AND CHANGES OF MADE TO ORDER PRODUCTS (MTO)
Return or exchange of MTO products
Right of withdrawal does not apply to goods or products that are made to order and/or clearly personalized. All the products that are handcrafted made to order under your request (MTO) and produced strictly following your design instructions, are not eligible for return or exchange, unless otherwise stated.
Size change of MTO products
Users can return any new, unused and unaltered pair of shoes within 7 days of delivery. We will manufacture a new replacement free of cost on the new size. To be eligible for a size exchange, your item must be unused and in the same exact condition that you received it. Specifically, no visible wear on the upper or sole of the shoe. The change of the product shall include all original packaging, together with the manual instructions and whichever documents included in the original order, if any.
The user will be responsible for the returning shipping costs to our warehouse. Users shall not ship back any item without requesting the appropriate (RMA Return Merchandise Authorization) code in the first place. Delivery of unauthorized merchandise will be rejected. To start the return procedure, users shall contact our customer service at firstname.lastname@example.org
If a user considers that the goods received are defective or does not comply with the agreed in the contract, they shall contact us at email@example.com, within 7 working days of receiving the goods, describing the damage that the goods have suffered.
The procedure for returning defective products is the same as for size change procedures. Once the returned product is in our warehouse, it will be examined and the user will be contacted to proceed with the return of the amount paid and its shipping costs, or if preferred, another item in perfect conditions may be sent. Reimbursement will be made on the same means of payment used for the initial transaction.
The refund or the replacement of the item will be made within fourteen (14) days following the confirmation date to the user or the replacement of the non-conforming item.
Shall the user not report to us within the next 7 days of receiving their products, it will be assumed that the goods have been accepted.
All the products sold on the Website come, according to the terms legally established, with two (2) year warranty since the user has received the ownership of the goods.
The item is in accordance with the contract, when (1) it fits the description given and has the qualities indicated on the Website, (2) it is suitable for the purposes commonly given to that kind of products and (3) offers the quality and usual features as expected.
If any of the products were not in accordance with the contract, the user must let us known by following the procedures described in the previous section (Returning of defective products.)
The products sold on the Website may present the characteristics of natural materials used in their manufacture. Those characteristics, such as variation in streaks, texture, knots and color, will not be considered as defects.
The user must follow the instructions provided for the proper care of the materials in which the product is manufactured, being able to consult the Care Guide available on the Website. GDI will not be responsible of any damage resulting from the improper handling of its products, including a handling contrary to the instructions given in its guides.
The GDI liability in accordance with any product purchased on the Website will be strictly limited to the purchase price of the product.
However, and unless otherwise stipulated by law, it will not be accepted any liability for any of the following loss, regardless their origin: Loss of income or sales; Loss of business; profit or contract loss; Loss of anticipated saving; Data loss; and loss of management time or office hours.
Due to the open nature of the Website and to the possibility that errors may occur in the storage and transmission of digital information, it is not guaranteed a complete accuracy and security for the information transmitted or obtained through this Website unless it were otherwise expressed and provided herein.
FORCE MAJEURE CAUSES
GDI shall not be liable for any failure or delay in the performance of any of its assumed obligations, when it is related to force majeure causes (“Force Majeure Causes”.)
Force Majeure Causes shall include any act, event, lack of exercise, omission or accident that were beyond a reasonable control which are, among others, the following causes:
Strikes, lockouts or other industrial actions.
Civil commotion, riots, invasion, terrorist threat or attack, war (formally declared or not) or threat or preparation for war.
Fires, explosions, storms, floods, earthquakes, land subsidence, epidemics or other natural disasters.
Inability to use trains, ships, aircrafts, motor transport or other means, both public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Will be of general knowledge that all the obligations will remain suspended during the period that the Force Majeure lasts, being extended to fulfill those obligations for a period of time equal to the duration of the Force Majeure.
The lack of user requirement for breaching any of its obligations assumed under these Terms, or lack of exercise by GDI of its rights or actions under this Terms, will not suppose a waiver or limitation related to the rights and actions and nor exonerates the user to comply with such obligations.
MODIFICATION OF THEREIN CONDITIONS
GDI has the right to review and amend these Terms at any time.
The user is subject to the policies and Terms in force at the time the Website has been used or an order has been purchased, unless by law or governmental authority may be necessary to make changes retroactively to those policies or terms, in which case, these potential changes may also affect the orders that the user has previously made.
The headings of the various clauses are only for informative purposes, and will not affect, qualify or extend the interpretation of the Purchase Terms.
In the event of any conflict between the provisions of these Purchase Terms and other specific purchase terms, the one that shall prevail must be the last one.
In the event that any provisions of these Purchase Terms to be considered null/s or inapplicable/s, totally or in part by any court, tribunal or competent administrative body, such nullity shall not affect the other provisions of the Purchase Terms for the different services granted by GDI.
The relations established between GDI and the User shall be governed according to the provisions of the regulations in force for the applicable law and jurisdiction. However, for cases where the regulations provide the possibility for the parties to submit to jurisdiction, both GDI and the User, previous an expressly waiving for any other jurisdiction that may be applied, submit themselves to the Courts of the city of Madrid.
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