Basic Information
- Company: Calzados Laro S.A
- VAT Number: A26019679
- Address: Carretera de Préjano 40, 26580 Arnedo (La Rioja)
- Telephone: +34 690 066 199
- E-Mail: info@macarenashoes.com
1.1 These general terms and conditions of contract, together with any specific conditions that may be established, expressly regulate the relationships arising between www.macarenashoes.com and third parties (hereinafter "users") who use the portal www.macarenashoes.com, as well as with third parties who contract the products offered through it.
www.macarenashoes.com reserves the right, at any time, to unilaterally modify, without prior notice, and at any time, the presentation and configuration of the portal.
1.2 These general conditions have been drawn up in accordance with the provisions of Law 7/1998 on general contracting conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, Law 26/1984 for the protection of consumers and users, Law 7/1996 on the regulation of retail trade, Royal Decree-Law 14/1999 regulating electronic signatures, and any other applicable legal provisions.
1.3 By using the www.macarenashoes.com portal, you acquire the status of user. Both visiting and using and/or purchasing any of the products on the portal implies acceptance as a user of each and every one of these general conditions, as well as, where applicable, the specific conditions that may govern the purchase.
1.4 www.macarenashoes.com may, at any time and without prior notice, modify these general conditions by publishing such modifications on the portal so that they may be known by users before visiting the portal or purchasing any goods offered on the portal.
II. Products Offered. Purchase System
2.1 The products offered on the portal, together with their characteristics and prices, will appear on screen.
Shipping costs to the user's address for the products will also appear on screen, which will always be borne by the buyer except where there is a free shipping promotion. The prices shown on screen are in euros and include VAT and any other applicable tax and are current, except for typographical errors.
Offers will be duly indicated on screen. www.macarenashoes.com reserves the right to decide, at any time, the products contained and offered to users through the portal. Thus, www.macarenashoes.com may at any time add new products to those included on the portal, it being understood, unless otherwise provided, that such new products will be governed by the provisions of the general conditions in force at that time.
Likewise, www.macarenashoes.com reserves the right to cease providing access, at any time and without prior notice, to any of the products offered on the portal. The photographs are for guidance only. Due to constant improvements to the products, they may not match those published on the portal, although we try to avoid this.
2.2. To purchase the products offered on the portal, www.macarenashoes.com will ask users to register, for which those users, who must be over eighteen (18) years of age, must complete the instructions shown on screen, which will require the following steps:
- Completion of the electronic form that appears on the portal at any given time, following the instructions indicated therein.
- Clicking the "Accept" button.
- Receipt in the user's email account of the "Username" and "Password".
The username and password are personal and non-transferable. www.macarenashoes.com may, with due notice, make changes to the username and/or password, in which case the modified credentials will lose their validity.
2.3 Once the user is registered, and to proceed with the purchase of products, they must add the desired product to the shopping basket, following the instructions on screen, completing the order form provided for this purpose and sending it to www.macarenashoes.com, which implies reading and acceptance of all these general conditions.
V. Intellectual and Industrial Property. Prohibition of Hyperlinks
5.1 All content displayed on the portal and in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs capable of industrial and commercial use are subject to intellectual and industrial property rights of www.macarenashoes.com or third parties who have duly authorised their inclusion on the portal.
5.2 In no case shall it be understood that any licence is granted or any waiver, transfer, total or partial assignment of said rights is made, nor is any right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication of said content without the prior express authorisation of www.macarenashoes.com or the corresponding holders.
5.3 No link may be established to our portal from any other website without the prior and express consent of www.macarenashoes.com
VI. Liability of ###Macarena Shoes###
6.1 www.macarenashoes.com shall only be liable for damages that the user may suffer as a result of using the portal when such damages are attributable to wilful misconduct on its part. The user acknowledges and accepts that the use of the portal, as well as the purchase of products, is carried out under their sole risk and responsibility.
6.2 www.macarenashoes.com is not liable for any damages that may arise from, by way of example and not limitation:
- Interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the users' computer equipment and devices, caused by reasons beyond www.macarenashoes.com, which prevent or delay orders or navigation through the portal.
- Delays or blockages in use caused by deficiencies or overloads on the Internet or other electronic systems.
- That may be caused by third parties through unlawful intrusions beyond the control of the portal and not attributable to www.macarenashoes.com
- Discrepancies in the information, documentation and/or other content of the portal that may exist between the electronic version and the printed version.
- The impossibility of providing the Service or allowing access for reasons not attributable to www.macarenashoes.com, due to the user, third parties, or force majeure.
6.3 www.macarenashoes.com does not generally control the use that users make of the service. In particular, www.macarenashoes.com does not guarantee in any way that users use the service in accordance with the law, these general conditions, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.
VII. User Obligations
7.1 In general, the user undertakes to comply with these general conditions, as well as to comply with the special warnings or instructions for use contained herein or on the portal and to always act in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service enjoyed, refraining from using the portal in any way that may impede, damage or deteriorate its normal operation, the goods or rights of www.macarenashoes.com, its suppliers, other users or any third party in general.
7.2 Specifically, and without this implying any restriction to the general obligation assumed by the user in accordance with the previous section, the user undertakes, in the use of the portal, as well as in the purchase of products, to:
- In the case of registration, the user undertakes to provide truthful data and to keep them updated.
- Not to introduce, store or disseminate on or from the portal, any information or material that is defamatory, offensive, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and in general the current regulations.
- Not to introduce, store or disseminate through the portal any computer programme, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that may cause damage to the portal, any of the Services, or any of the equipment, systems or networks of macarenashoes.com, any user, the suppliers of www.macarenashoes.com or any third party in general, or that in any other way is capable of causing any type of alteration or impeding their normal operation.
- To properly safeguard their username and password, as identifying and enabling elements for access to the purchase of products, undertaking not to transfer their use or allow access to them by third parties, assuming responsibility for damages that may arise from improper use thereof. Likewise, the user undertakes to notify us, as soon as possible, of their loss or theft as well as any risk of access to the username and/or password by a third party.
- Not to carry out advertising, promotional or commercial exploitation activities through the portal, not using the contents and in particular the information obtained through the portal to send advertising, send messages for direct sales purposes or for any other commercial purpose, nor to collect or store personal data of third parties.
- Not to use false identities, nor impersonate others in the use of the portal or in the use or purchase of any of the Products, including the use, where appropriate, of third-party passwords or access codes or in any other way.
- Not to destroy, alter, disable or damage the data, information, programmes or electronic documents of www.macarenashoes.com, its suppliers or third parties.
- Not to introduce, store or disseminate through the portal any content that infringes intellectual property rights, industrial property or trade secrets of third parties, nor in general any content for which they do not have, in accordance with the law, the right to make available to third parties.
VIII. Communications
For the purposes of these General Conditions, and for any communication that may be necessary between www.macarenashoes.com and the user, they must contact the Customer Service Department by email (by sending a message to info@macarenashoes.com). Communications from www.macarenashoes.com to the user will be made in accordance with the data provided by the user when registering on the portal.
IX. Applicable Law. Arbitration
9.1 This contract shall be governed by Spanish law, which shall apply to all matters not provided for in this contract regarding interpretation, validity and execution.
9.2 In the event of any discrepancy or claim between the parties regarding compliance with or the content of these general conditions, the parties shall negotiate in good faith to try to resolve such discrepancy or claim within a maximum period of one (1) month from the date on which either party formally notifies the other that a discrepancy has arisen or notifies the claim.
In the event that the discrepancy or claim is not resolved within the maximum period indicated, the parties, expressly waiving any jurisdiction that may correspond to them, submit the decision of the matter raised to the Institutional Arbitration of the Spanish Association of Technological Arbitration (ARBITEC), which is entrusted with the administration of the arbitration and the appointment of arbitrators in accordance with its regulations and statutes.
Likewise, the parties undertake to accept and comply with the decision contained in the arbitral award issued. If the arbitration is not carried out by mutual agreement or is declared null and void, both parties submit to the courts and tribunals of Barcelona, expressly waiving their own jurisdiction, if different.