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GENERAL CONDITIONS

THESE GENERAL CONTRACTING CONDITIONS APPLY TO THE PURCHASE OF PRODUCTS THAT THE ENTITY DISTRIBUCIONES CALZADO BANYOLES, S.L. ("CASTAÑER"), SELLS THROUGH ITS WEBSITE HOSTED AT THE URL CASTANERFL.COM (THE "WEB") TO ANY INTERNET USER WHO PLACES AN ORDER (THE "CLIENT/S").

COMPANY NAME: BELONA GROUP USA LLC 

REGISTERED OFFICE: 2250 NW 114TH, UNIT 1A SDQ301933, MIAMI, FL 33192.

EIN: 85-3035642

EMAIL: INFO.FL@CASTANER.COM

PHONE: (+1) 809 2597723 

BY PLACING A PURCHASE ORDER THROUGH THE WEB, THE CUSTOMER DECLARES TO BE OVER 18 YEARS OF AGE AND HAVE THE 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 THEIR 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 TERMS AND CONDITIONS APPLY ONLY TO PURCHASES OF PRODUCTS MADE BY CUSTOMERS THROUGH THE WEBSITE 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 TERMS AND 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.

CASTAÑER ALSO RESERVES THE RIGHT TO MODIFY THE CONTENT AND/OR SCOPE OF THE GENERAL TERMS AND CONDITIONS AT ANY TIME, IN WHICH CASE THE CLIENT WILL BE DULY NOTIFIED.

FORMALITIES

TO PROCEED WITH THE PURCHASE OF THE PRODUCTS OFFERED THROUGH THE WEB, 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 CUSTOMER HAS REGISTERED, IT WILL ONLY BE NECESSARY TO PROVIDE YOUR EMAIL ADDRESS AND PASSWORD.

PRICE AND PAYMENT

THE PRICE OF THE PRODUCTS WILL BE THAT WHICH APPEARS IN EUROS ON THE WEB AND WILL INCLUDE VAT AND/OR, IF APPLICABLE, ANY OTHER TAX AND/OR FEE THAT MAY BE APPLICABLE IN THE TERRITORY OF APPLICATION, AS WELL AS ANY SHIPPING COSTS DULY BROKEN DOWN IN ACCORDANCE WITH THE PROVISIONS OF THE '.SHIPPING POLICY AND COSTS’.

CASTAÑER MAY OFFER DISCOUNTS WITHIN THE FRAMEWORK OF CERTAIN PROMOTIONS, ALTHOUGH THESE DISCOUNTS MAY NOT BE COMBINED 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 CLIENT WILL BE ABLE TO MAKE A SINGLE PAYMENT THROUGH ONE OF THE FOLLOWING METHODS:

    - DEBIT OR CREDIT CARD (VISA ELECTRON, AMERICAN EXPRESS OR OTHERS PROVIDED ON THE WEB)

    - PAYPAL

    - KLARNA* KLARNA* KLARNA* KLARNA* KLARNA* KLARNA* KLARNA

*IN ORDER TO OFFER YOU KLARNA'S PAYMENT METHODS, YOU MAY NEED TO ENTER YOUR PERSONAL CONTACT DETAILS AND ORDER DETAILS IN THE FORM ON THE PAYMENT TAB, SO THAT KLARNA CAN EVALUATE AND QUALIFY THE PAYMENT METHOD USED. YOUR PERSONAL DATA SUBMITTED THROUGH KLARNA'S FORM WILL BE PROCESSED ON THE BASIS OF KLARNA'S OWN PRIVACY POLICY.

THE CLIENT MUST INCLUDE THE PAYMENT INFORMATION REQUIRED IN THE PURCHASE 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 CANNOT BE CARRIED OUT.

AFTER 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: AUSTRIA, BELGIUM, BULGARIA, CROATIA, CZECH REPUBLIC, DENMARK, ESTONIA, FINLAND, FRANCE, GERMANY, GREECE, HUNGARY, IRELAND, ITALY, LATVIA, LITHUANIA, LUXEMBOURG, NETHERLANDS, POLAND, PORTUGAL, ROMANIA, SLOVAKIA, SLOVENIA, SWEDEN, UNITED KINGDOM, UNITED STATES AND UNITED KINGDOM.

THE ORDER OF THE PRODUCT SHALL BE BINDING WHEN THE CUSTOMER CONFIRMS IT IN THE PURCHASE PROCEDURE.

ONCE CASTAÑER HAS VERIFIED THAT THE PURCHASE HAS BEEN CARRIED OUT CORRECTLY, IT WILL PROCEED TO DELIVER THE PRODUCTS TO THE DIRECTION INDICATED BY THE CLIENT IN THE PROCEDURE OF PURCHASE, IN THE TERM FORESEEN IN THE ' '.SHIPPING POLICY AND EXPENSES WHICH, IN NO CASE, WILL BE SUPERIOR TO THE THIRTY (30) DAYS FOLLOWING THE DATE OF CONFIRMATION OF THE ORDER.

THE CUSTOMER WILL BE ABLE TO TRACK ORDERS IF SO REQUESTED IN THE PURCHASE PROCESS.

DELIVERY OF THE PRODUCTS SHALL BE DEEMED TO HAVE TAKEN PLACE FROM THE MOMENT 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 THEIR 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.

ALL OTHER TERMS AND CONDITIONS SET OUT IN THE 'SHIPPING AND CHARGES POLICY' WILL ALSO APPLY.

RESPONSIBILITY

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 DISPLAYED ON THE WEB MAY VARY DEPENDING ON THE CHARACTERISTICS OF THE DEVICES OF CUSTOMERS. TO THIS EFFECT, CASTAÑER RESERVES THE RIGHT TO RECTIFY THE IMAGES OF THE PRODUCTS WHEN NECESSARY.

CASTAÑER WILL NOT BE RESPONSIBLE FOR ANY ERRORS THAT MAY OCCUR IN THE DELIVERY OF PRODUCTS IN THE EVENT THAT THE CUSTOMER HAS NOT CORRECTLY COMPLETED THE PURCHASE FORM PROVIDED ON THE WEB. IF THERE IS ANY INCIDENT IN THE DELIVERY OF PRODUCTS, CASTAÑER WILL INFORM THE CUSTOMER AS SOON AS IT BECOMES AWARE OF IT.

THE RISK OF THE PRODUCTS WILL BE TRANSFERRED TO THE CUSTOMER FROM THE TIME THEY HAVE BEEN MADE AVAILABLE TO THEM AND, IN THE CASE OF THEIR RETURN, WILL CONTINUE TO BE BORNE BY THE CUSTOMER UNTIL THE DELIVERY OF THE SAME TO CASTAÑER.

WARRANTIES

THE GUARANTEE 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 WARRANTY IS ESSENTIAL PROOF OF PURCHASE IN WWW.CASTANERFL.COM OF THE PRODUCTS.

SPECIFICALLY, IF THE PRODUCT SOLD BY CASTAÑER WAS NOT IN ACCORDANCE, THE CUSTOMER MUST INFORM CASTAÑER AS SOON AS POSSIBLE THROUGH THE CONTACT FORM AND REQUEST THE REPLACEMENT OF THE PRODUCT BY PROVIDING PHOTOGRAPHIC MATERIAL EVIDENCING THE DEFECT.

THE CLIENT MUST INFORM CASTAÑER OF THE LACK OF CONFORMITY WITHIN A MAXIMUM PERIOD OF TWO (2) MONTHS FROM THE DATE ON WHICH HE/SHE BECAME AWARE OF IT.

NOTWITHSTANDING THE FOREGOING, THE PRODUCTS SHALL BE DEEMED TO BE IN CONFORMITY AND, THEREFORE, SHALL BE OUT OF 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) DAMAGE OR DETERIORATION IN THE PRODUCTS SOLD IS CAUSED BY OR ORIGINATES FROM 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) DAMAGE OR DETERIORATION CAUSED BY NEGLIGENCE, BLOWS, IMPROPER USE OR MANIPULATION, UNSUITABLE VOLTAGE, ACCIDENTS, MISUSE, RAIN AND WASHING.

THE CUSTOMER MUST FOLLOW, AT ALL TIMES, THE INSTRUCTIONS OF THE CUSTOMER SERVICE DEPARTMENT TO EXERCISE THE RIGHT OF GUARANTEE.

IN CASE OF RETURN OF THE GOODS DUE TO LACK OF CONFORMITY, THE RETURN COSTS SHALL 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.

IN ORDER TO EXERCISE THE RIGHT OF WITHDRAWAL, THE CUSTOMER MAY FILL IN THE MODEL WITHDRAWAL FORM AT THE END OF THE GENERAL CONDITIONS OF CONTRACT AND SEND IT BY POST TO CASTAÑER TOGETHER WITH THE PRODUCT TO BE RETURNED AND ALL THE PACKAGING.

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 FOR ABOVE, CASTAÑER ACCEPTS 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 SET OUT IN THE RETURN POLICY.

IN ORDER TO MANAGE PRODUCT SHIPMENTS QUICKLY AND EASILY TO CASTAÑER, THE CORREOSEXPRESS COLLECTION SYSTEM IS AVAILABLE TO THE CUSTOMER IN THE CASE OF NATIONAL SHIPMENTS (SPAIN), WITH THE CUSTOMER BEING REQUIRED 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 SIMILAR PACKAGING 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:

PURPOSE:

  • MANAGE THE SALE OF PRODUCTS PURCHASED THROUGH THE WEB.
  • SENDING OF 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 PERSONAL DATA REQUIRED MAY MAKE IT IMPOSSIBLE TO CARRY OUT THE REQUESTED PURCHASE OR, WHERE APPROPRIATE, THE SENDING OF INFORMATIVE COMMUNICATIONS. THE CLIENT 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 KEPT 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 CURRENT REGULATIONS.

RIGHTS: THE CLIENT MAY EXERCISE THEIR RIGHTS OF ACCESS, RECTIFICATION, DELETION, LIMITATION, PORTABILITY AND OPPOSITION TO THE PROCESSING OF THEIR DATA BY SENDING AN EMAIL TO  INFO.FL@CASTANER.COM. IN THE EVENT THAT YOU DO NOT RECEIVE A SATISFACTORY RESPONSE OR IF YOU REQUIRE FURTHER INFORMATION REGARDING ANY OF THESE RIGHTS, YOU MAY CONTACT THE SPANISH DATA PROTECTION AGENCY (WWW.AEPD.ES).

SECURITY MEASURES: CASTAÑER HAS IMPLEMENTED THE NECESSARY TECHNICAL AND ORGANISATIONAL SECURITY MEASURES TO GUARANTEE THE SECURITY OF YOUR PERSONAL DATA AND PREVENT ITS ALTERATION, LOSS, UNAUTHORISED PROCESSING AND/OR ACCESS, TAKING INTO ACCOUNT THE STATE OF THE 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 MUST CONTACT CASTAÑER, THROUGH THE MEANS INDICATED AT THE BEGINNING OF THE GENERAL CONTRACTING CONDITIONS, TO EXPRESS THEIR COMPLAINTS AND CLAIMS, AND CASTAÑER UNDERTAKES TO MAKE AVAILABLE TO THEM THE SHEET OR FORM FOR COMPLAINTS IN ORDER TO DEAL WITH THEM AS SOON AS POSSIBLE AND, IN ANY CASE, WITHIN ONE MONTH FROM THE TIME THEY ARE SUBMITTED.

THE CUSTOMER SHALL HAVE THE RIGHT TO REQUEST A PHYSICAL INVOICE FOR ANY ORDER PLACED.

NULLITY

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 NULL AND VOID, INVALIDATED, IMPAIRED OR AFFECTED BY SUCH INVALIDITY OR INEFFECTIVENESS.

LANGUAGE

THE GENERAL TERMS AND CONDITIONS ARE WRITTEN IN CATALAN, SPANISH, FRENCH, ITALIAN AND ENGLISH. IN CASE OF CONTRADICTION BETWEEN THESE VERSIONS, THE SPANISH VERSION WILL PREVAIL.  

APPLICABLE LAW AND JURISDICTION

THE GENERAL TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH SPANISH LAW.

PURSUANT TO 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 CAN SUBMIT THEIR COMPLAINTS TO THE DISPUTE RESOLUTION PLATFORM AVAILABLE AT THE FOLLOWING LINK: HTTP://E.EUROPA.EU/CONSUMERS/ODR.

LIKEWISE, IN THE EVENT OF ANY CONFLICT OR DISCREPANCY ARISING 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 THE SUBJECT OF COMPETENT JURISDICTION IN MATTERS OF CONSUMERS AND USERS. 

CANCELLATION FORM

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.


THE CLIENT ACCEPTS THE REFUND OF THE AMOUNT PAID AT THE TIME, WITHOUT INTEREST, IN THE METHOD OF PAYMENT USED.

 

UPDATE: APRIL 2022