These General Contracting Conditions apply to the purchase of products that the entity DISTRIBUCIONES CALZADO BANYOLES, S.L. ("CASTAÑER"), sells through its web page hosted at the URL castaner.com (the "Web") to any Internet user who places an order (the "Client/s").
CASTAÑER's identification and contact details are as follows:
Registered office: C/ Menuts, 28 17820 Banyoles (Girona).
C.I.F. nº: B-50667823
Telephone number: (+34) 972.581.700
Registry data: Commercial Register of Girona, Volume 1269, Folio 173, Page 21554, Inscription 2 - NIF/VAT ESB50667823
When placing a purchase order through the Web, the Customer declares to be over 18 years of age and have legal capacity to contract the products offered on the Web. To this end, CASTAÑER reserves the option to request, at any time, the Customer documentation proving his age. In the event that CASTAÑER verifies that the Client does not have the required age or the Client does not comply with CASTAÑER's request, or does not comply with it correctly, CASTAÑER will prevent him/her from contracting the requested product.
The General Contracting Conditions apply only to purchases of products made by Customers through the Web and, consequently, do not apply in the event that Customers purchase products from third parties or in physical stores.
The purchase of the products offered through the Web entails the acceptance of the terms and conditions of the General Conditions of Contract so, before proceeding to its acceptance, please read carefully its content. If you do not accept the General Conditions of Contract, the purchase of products will not be carried out and, consequently, will not involve the assumption of any obligation and / or liability on the part of CASTAÑER.
Likewise, CASTAÑER reserves the right to modify the content and/or scope of the General Contracting Conditions at any time, in which case, the Client will be duly notified.
In order to proceed with the purchase of the products offered through the Website, the Customer must follow each of the steps of the procedure provided therein. It will not be necessary to be registered on the Web, since it will be possible to contract directly after filling in the contracting form.
In subsequent purchase processes, in the event that the Client has registered, it will only be necessary to provide his/her e-mail address and password.
Price and form of payment
The price of the products will be the one that appears in Euros on the Web and will include VAT and / or, where appropriate, any other tax and / or fee applicable in the territory of application, as well as any shipping costs duly itemized in accordance with the provisions of the '.Shipping and Expenses Policy'.
CASTAÑER may offer discounts as part of certain promotions, although such discounts shall not be cumulative with other promotions.
CASTAÑER reserves the right to make, at any time, the changes it deems appropriate on the prices of products. In any case, the price applicable to the purchase order placed by the Customer will be the one stated at the time of accepting the General Conditions of Contract for the selected product.
The Customer may make a single payment through one of the following methods:
- Debit or credit card (Visa Electron, American Express or others provided on the Web).
The Customer must include the required payment information in the checkout procedure. The charge will be made once it is accepted by the financial institution or platform through which the payment is made, otherwise the purchase will not be completed.
Subsequent to such payment, the Customer will receive an email confirming the purchase of the product and a copy of these General Terms and Conditions.
Delivery of the products
Deliveries will be made to the place indicated by the Customer in the purchase procedure, provided it is within Spain (excluding the Canary Islands and Ceuta and Melilla) and the following countries: Germany, Austria, Belgium, Bulgaria, Bulgaria, Croatia, Denmark, Slovakia, Slovenia, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Czech Republic, Romania and Sweden.
The order of the product will have binding character when the Client confirms it in the procedure of purchase.
Once CASTAÑER has verified that the purchase has been carried out correctly, it will proceed to deliver the products to the address indicated by the Client in the procedure of purchase, in the term foreseen in the '.Shipping and Expenses Policywhich, in no case, will be more than thirty (30) days from the date of order confirmation.
The Customer will be able to track orders if so requested during the purchase process.
The delivery of the products shall be deemed to have been made from the time they have been made available to the Customer.
If at the time of delivery of the products, the Customer is absent, the courier company contracted by CASTAÑER will make up to three (3) delivery attempts. If they fail to deliver the products to the Customer after that number of attempts, the products will be returned to CASTAÑER, being necessary for the Customer to contact the Customer Service Department to agree with the new delivery.
All orders for the purchase of products are subject to product availability. In case of unavailability of the contracted product, CASTAÑER will inform the Customer and may offer a product of similar characteristics of equal or higher quality, although the Customer, alternatively, may cancel your purchase request and recover the amount paid as soon as possible.
They will also apply the rest of terms and conditions provided in the 'Shipping and Expenses Policy'.
CASTAÑER makes every effort to provide you with accurate and complete product information that is as up to date as possible. Notwithstanding the foregoing, the color of the products appearing on the Web may vary depending on the characteristics of Customers' devices. To this effect, CASTAÑER reserves the right to rectify the images of the products when necessary.
CASTAÑER will not be responsible for the errors that can take place in the delivery of the products in the supposition that the Client has not filled up correctly the form of purchase enabled in the Web. If there were any incident in the delivery of the products, CASTAÑER will inform the Customer as soon as it becomes aware of it.
The risk of the products will be transmitted to the Client from the moment in which the same ones have been put to his disposition and, in case of his return, they will continue being in charge of the Client up to the delivery of the same ones to CASTAÑER.
The warranty of the products sold through the Web will conform to the provisions of current legislation and, therefore, in general, CASTAÑER will respond to the lack of conformity expressed by the Customer within two (2) years from the delivery of the products. To be able to request the right to guarantee it is indispensable the proof of purchase in www.castaner.com of the products.
In particular, if the product sold by CASTAÑER was not in conformity, the Client will have to inform CASTAÑER as soon as possible across the form of contact and to request the replacement of the product contributing photographic material that evidences the defect.
The Client will have to inform CASTAÑER of the lack of conformity in the maximum term of two (2) months since he had knowledge of the same one.
Notwithstanding the foregoing, it shall be understood that the products are in conformity and, therefore, shall be out of any warranty when:
(a) The damage or deterioration in the products sold by CASTAÑER occurs for reasons beyond the manufacturer or CASTAÑER or, where appropriate, who acts under its responsibility (force majeure, accident, etc.).
b) The damage or deterioration in the products sold is caused or originated by a component that has not been supplied by the manufacturer or CASTAÑER or is the result of alterations or repairs made by persons outside the manufacturer or CASTAÑER or, where appropriate, who acts under its responsibility.
c) The damage or deterioration is caused by negligence, blows, use or undue manipulations, not suitable tension, accidents, bad use, rains and washings.
The Customer must follow, at all times, the instructions of the Customer Service Department to exercise the right of warranty.
The customer must send the items to be repaired under warranty in optimal hygienic conditions. Castañer reserves the right not to repair products subject to warranty that are not suitable for handling in a healthy way.
In case of return of the goods for lack of conformity, the return costs will be borne by CASTAÑER.
Withdrawal and returns
In any case, the Customer has a period of fourteen (14) calendar days from the date of receipt of the product to exercise their right of withdrawal.
For the exercise of the right of withdrawal, the Client will be able to complete the model of Form of Withdrawal that consists at the end of the General Conditions of Contracting and to send it by postal mail to CASTAÑER together with the product to returning and all the wrappings.
Once exercised the right of withdrawal and, in any case, within a maximum period of fourteen (14) calendar days from receipt of the product and the Withdrawal Form, CASTAÑER will make the corresponding payment and refund the Customer the full amount of the purchase and delivery charges.
Without prejudice to the right of withdrawal provided above, CASTAÑER admits the return of its products within a maximum period of thirty (30) calendar days from the date of purchase of the product. For this purpose, the Customer must follow the procedure provided for in the Returns Policy.
To manage the shipments of products quickly and easily to CASTAÑER, is available to the Customer the collection system of CorreosExpress in the case of domestic shipments (Spain), being necessary for the Customer to send the product in the same box or in packaging similar to the original. For shipments from countries outside Spain, a label is available to manage the return with DHL Express. In the event that the product is not sent in the same box or in packaging similar to the original and/or suffers damage, CASTAÑER will not be responsible for such damage and will not attend to the right of withdrawal or return.
Please note that returns are free of charge.
Protection of personal data
In relation to the personal data provided by the Customer during the purchase procedure, CASTAÑER, in its capacity as Data Controller, informs that it will treat them in accordance with the following:
- To manage the sale of the products purchased through the Web.
- Sending informative communications about CASTAÑER, possible offers and new products of the brand by email, sms, telephone.
Legitimation: The legal basis for the processing of data is the execution of the contractual relationship. In the Web forms it will be necessary for the Client to fill in the fields marked as "obligatory". Failure to provide all the required personal data may make it impossible to carry out the requested purchase or, where appropriate, to send informative communications. The Customer must communicate their current and correct personal data so that the information contained in their files is updated and error-free.
Conservation: Personal data will be retained for the legal period provided for by current regulations (especially in tax and accounting matters).
Recipients: The data may be communicated to financial institutions, payment platforms and courier companies provided for in the purchase procedure for the management of the payment and delivery of the products and, where appropriate, to the Public Administrations in accordance with the regulations in force.
Rights: The Customer may exercise their rights of access, rectification, deletion, limitation, portability and opposition to the processing of their data by sending an email to email@example.com. In the event that he/she does not obtain a satisfactory answer or wishes further information regarding any of these rights, he/she may contact the Spanish Data Protection Agency (www.aepd.es).
Security Measures: CASTAÑER has implemented the necessary technical and organizational security measures to ensure the security of your personal data and avoid its alteration, loss, treatment and / or unauthorized access, given the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or the physical or natural environment.
Complaints and claims
The Client will have to contact CASTAÑER, across the means indicated at the beginning of the General Conditions of Contracting, to express his complaints and claims, compromising CASTAÑER to put to his disposition the sheet or form of claims to be able to attend them as soon as possible and, in any case, in the space of one month from which they are presented.
The Client will have right to claim invoice in physical support of any order that it realizes.
If any of the clauses of the General Terms and Conditions were to be declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective and the same shall remain in force in all other respects, and such provision or the part thereof that is affected shall be deemed not to be in force. For such purposes, the General Terms and Conditions shall only cease to be valid only with respect to the invalid or ineffective provision, and no other part or provision thereof shall be void, invalid, impaired or affected by such invalidity or ineffectiveness.
The General Terms and Conditions are written in Catalan, Spanish, French, Italian and English. In case of contradiction between these versions, the Spanish version shall prevail.
Applicable law and jurisdiction
The General Terms and Conditions shall be governed by and construed in accordance with Spanish law.
In accordance with art. 14 of Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution, Customers are informed that they may submit their claims to the dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr.
Likewise, in the event that any conflict or discrepancy arises in the interpretation and/or application of the General Terms and Conditions of Contract, the competent Courts shall be those provided for in the applicable regulations on competent jurisdiction in matters of consumers and users.
By sending this form duly completed, I hereby notify CASTAÑER that I exercise my right of withdrawal in relation to the product purchased, in accordance with current legislation.
|To the attention of||Castañer - Customer Care - c/ Mas Riera S/N - 17820 - Girona firstname.lastname@example.org|
The Customer accepts the refund of the amount paid at the time, without interest, in the method of payment used.
Updated: April 2022.
You can download the conditions at this link.