TERMS AND CONDITIONS OF VANESA BARCELÓ’S WEBSITE AND ONLINE STORE

1

DEFINITIONS

1.1

For the purposes of this document, the following terms have the following meanings:

Agreement

the contract of sale of a Product ordered by a Customer through the Online Shop;

Customer:

The person who visits the Website and/or the Online Store, also referred to as “you”, “your” or “yours”;

Order:

an order for a Product placed by a Customer through the Website or Online Store;

Product/Products:

the product(s) offered for sale in the Online Store;

Vanesa Barceló:

the limited liability company organized under the laws of Vanesa Barceló with registered office in Carretera de las Peñas 23B02140 AlbaceteEspaña available by email through info@vanesabarcelo.com, also called “we”, “us” and “our”;

Online Boutique:

the Online Boutique on the website;

Website:

the website at https://vanesabarcelo.com, including the Online Boutique.

2

GENERAL

2.1

These terms and conditions apply to any use of the Website, any offer on the Website, any purchase of products through the Website and all agreements concluded or to be concluded and any related matters. By accessing the Website and/or placing an Order, you agree to the applicability of these terms and conditions, including any additional terms and conditions and policies referred to herein. If you do not agree to all of the terms and conditions, then you may not access the Website and/or place an Order.

2.2

You may review the most current version of the terms and conditions at any time in Terms and Conditions. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes on the Website. It is your responsibility to check this page periodically for changes. Your continued access to the Website and/or use of the Online Store following the posting of any changes will constitute your acceptance of such changes.

2.3

We reserve the right to deny your access to or use of the Website and the Online Store to anyone, for any reason, at any time.

2.4

You understand that your content (not including your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer through the networks.

3

USE OF THE ONLINE STORE

3.1

The online Boutique can only be used by natural persons of legal age, who are not acting in the context of commercial, business or professional activities.

3.2

By using the Online Boutique, you agree:

to be at least 18 years of age;

not to use the Online Shop or to place orders in the context of commercial, business or professional activities;

not to place any false or fraudulent orders;

to keep your user name and other details of the Website or the Online Store secret (including, but not limited to your user name and password) and not to allow any third party to access such details;

provide current, complete and accurate purchase and account information and personal information for all orders.

4

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

4.1

We are not responsible if the information available on the website is not accurate, complete or current. The material on the Website is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the website is at your own risk. Product images on the website and in the online store are for informational purposes only. The colors on your computer screen may differ from the Product.

4.2

We reserve the right to modify the content of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your own responsibility to monitor changes to the Website for information purposes only. The colors of your computer screen may differ from those of the Product.

5

OFFERS AND PRICES

5.1
We reserve the right to modify or discontinue the products or their prices at any time without notice.
5.2.
All offers are non-binding.
5.3.
We reserve the right, but are not obligated, to refuse or limit sales of Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
5.4.
We shall not be liable, nor shall we have any other obligation, for any modification, price change, suspension or discontinuance of the Products.
5.5.
Any obvious error or mistake in an offer will not bind us.
5.6.
In the event of errors in published prices, we will notify the Customer who placed an order of this as soon as possible. The Customer will then have the opportunity to confirm the Order at a corrected price or to cancel the Order. If we do not contact the Customer, the amount paid by the Customer will be refunded.
5.7.
Product prices include VAT, import taxes, shipping and return costs.
6.
FORMATION OF THE AGREEMENT
6.1.
An order is placed as a result of the Customer completing the order process in the Online Store.
6.2.
An Agreement is established, subject to the provisions set out in paragraph 5, as soon as we have confirmed your Order.
6.3.
6.3. We shall be entitled to establish additional conditions for the execution of an Agreement if we reasonably decide that it is necessary for the performance of your obligations.
6.4.
Once the order period for a particular product is closed and the order is accepted, we will not be able to make changes to the order. This includes changes to size, style changes, quantities etc. We will attempt to accommodate late order requests, but this is purely at the discretion of production. As soon as the pre-order has been placed and the order period for a particular product has closed, it cannot be cancelled unless shipping is unavoidably delayed. In this case, we will make every effort to cancel the order if requested. Any delay, change in production or cancellation will be communicated to the customer.
7.
DELIVERY
7.1.
With due observance of the previous paragraph, we will offer the accepted orders to the postal service as soon as possible, but no earlier than seven working days, unless a different delivery time has been agreed. If delivery is delayed, or an order cannot be executed or can only be partially executed, you will be notified within a maximum of three days after placing the order. In that case, you will have the right to cancel the Agreement free of charge. In such case, we will refund the amount paid to you promptly after cancellation.
8.
PAYMENT
8.1.
The payment will be made according to the payment methods proposed in the order procedure of the Online Store and in accordance with the relevant conditions set out in these general conditions.
9.
RIGHT OF WITHDRAWAL
9.1.
You may terminate the Agreement within a fourteen-day cooling off period (the “Cooling-Off Period”) without giving any reason (the “Right of Termination”). The Cooling-Off Period begins on the day you or a third party designated by you receives the Product. If you have ordered multiple Products in the same order, the Cooling-Off Period begins on the day you or your designated third party receives the last of these Products.
9.2.
During the Cooling-Off Period, you will handle the Products, packaging and labels with care. The Product will only be unpacked or used to the extent necessary to establish the nature and characteristics of the Product. The starting principle is that the Products may only be handled and inspected as would be usual in a shoe or clothing store. They will test the shoes only on a clean surface and with the warning label on the sole until they are sure of keeping them.
9.3.
If you wish to exercise your Right of Withdrawal, you will notify us within the Cooling-Off Period by sending an e-mail to info@vanesabarcelo.com. The Right of Withdrawal will not be effective if the product suffers any modification or damage on your part, both in the product and in the packaging. It will only be effective if the return is in perfect condition as it was when you received it.
9.4
As soon as possible after you notify us that you wish to make use of your Right of Withdrawal, as set out in this document, you will send the Product to the address indicated by us.
9.5.
You will return the Product with all the accessories delivered, in their original condition and packaging.
9.6.
We will not accept returns if you do not meet the conditions set out in this paragraph.
9.7.
The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with you.

9.8.
We will take care of returns within 14 working days and send you a confirmation by email. If you have not provided all the information required in this paragraph, processing by us may take longer.
9.9.
We will refund all payments made by you, including the costs of delivery of the returned Products that we have charged you, upon receipt of the returned Products, provided that the conditions set out in this paragraph have been met. If you have chosen a delivery method other than the least expensive standard delivery method that we offer, the delivery costs will not be refunded.
9.10.
We will use the same account number for the refund as you have used for payment, unless otherwise agreed. The refund will be free of charge to you.
10.
DEFECTIVE PRODUCTS
10.1.
We are committed to ensuring that high quality standards are continually met in the manufacture of all products. All Products are checked before they are shipped. However, if your Product shows any defect, please contact our Customer Service at info@vanesabarcelo.com within five (5) days from the date of delivery. You must indicate the alleged defect and attach all supporting documents (detailed photos or video of the Product, date of purchase, Order number, etc.).
10.2.
After considering these elements, we reserve the right to retrieve the Product for a physical investigation.
10.3.
In the event that a defect is recognised, we undertake to replace the defective Product to the extent of available stock, or to refund part or all of the purchase price, depending on the nature of the defect. Defective Products will be returned to us in the manner indicated by us.
10.4.
We reserve the right to refuse to follow up on a late claim, a claim relating to a defect for which you are responsible, or which arises from the nature of the Product (certain Products may have some uneven parts and/or irregularities which are part of the manufacturing process or which correspond to the material used).
10.5.
In the case of defective Products, we will refund the purchase price, delivery charges and any reasonable shipping costs incurred in returning the Product to us.
11.
CARE OF THE PRODUCTS
11.1.
To keep the product in good condition, we recommend following the following care in its daily use:
Keep the Jute clean and dry
Do not expose to moisture or rain
Do not wash
12.
LIMITATION OF RESPONSIBILITY
12.1.
We shall only be liable for losses that are a reasonably foreseeable consequence of a breach of the Agreement by us, up to a maximum of what is greater than 100,- Euro or the total value of the Order. Losses are foreseeable if they can be contemplated by us at the time the Agreement is signed.
12.2.
We are not responsible for losses that are not caused by our fault – such as losses caused by third parties – or losses that are not direct damages.
13.
CLAIMS
Complaints other than about defective products referred to in paragraph 10 may be submitted by e-mail to info@vanesabarcelo.com. and will be processed within 2 working days.
14.
THIRD PARTY LINKS
14.1.
Third party links on the Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant or have any liability for the materials or websites of third parties, or for any other materials, products or services of third parties.
14.2.
We are not responsible for any damage or harm related to the purchase or use of goods, services, resources, content or any other transactions entered into in connection with any third party website. Please review the policies and practices of third parties carefully and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
15.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

15.1.
If, at our request, you submit certain specific submissions (e.g., contest entries) or if, without our request, you submit ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively: “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any media the Comments you submit. We are not obligated to keep any comments confidential, to pay compensation for any comments.
15.2.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates either party’s intellectual property or these terms and conditions.
15.3.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or any other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise illegal, abusive or obscene material, or contain any computer virus or other malware that may affect the operation of the Website in any way. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or others as to the origin of the comments. You are solely responsible for the comments you make and their accuracy. We are not responsible or liable for any comments posted by you or any third party.
16.
PERSONAL DATA
The sending of personal data through the website is governed by our Privacy Policy
17.
OTHER PROVISIONS
If any of these provisions is void or voidable, this shall not affect the other provisions.
18.
APPLICABLE LAW
These terms and conditions and any agreement are subject exclusively to Spanish law.