Terms and Conditions
Part (A) – Terms and Conditions
This page (together with the documents referred to herein) contains the Terms and Conditions (the “Terms and Conditions”) for purchasing the products (the “Products”) displayed on our website www.alpargatus.com (the “Website”). Please read them carefully before placing any order. Placing an Order implies acceptance of these Terms and Conditions. You may print and keep a copy of them for future reference.
Status: January 27, 2019
Our online store is governed by EU Regulation 543/2013 issued May 21, 2013. Therefore, any disputes will be handled here: Online Dispute Resolution
We store the content of all Contracts and send you further information about them via email. The Terms and Conditions are available to you at all times, so you can download them whenever you wish. For more information about your past Orders, log in via “My Account.”
1. About Us, Our Agent and These Terms and Conditions
1.1 Preciados Places SL is a registered company, number B86507787, with its fiscal address at Calle Preciados, Number 11, Madrid. You may send us your comments or suggestions by email hola@alpargatus.com or by calling +34 91 559 61 12, Monday to Friday from 10:00 to 16:00.
1.2 These Terms and Conditions govern the sale to customers of any of the Products offered on our Website. Placing an Order constitutes the legally binding acceptance of these Terms and Conditions.
1.3 In these Terms and Conditions:
a) “Account” refers to the account you must create on the Website to place any Order.
b) “Acknowledgment of Receipt” refers to our acknowledgment of the Order by email.
c) “Breach of obligations” refers to what is detailed in clause 10.11 (b) of these Terms and Conditions.
d) “Business day” refers to any day that is not (i) Saturday or Sunday or (ii) a public holiday anywhere in Spain.
e) “Order Confirmation Email” refers to the email we send you to confirm the validity of your Order, per clause 4.9 below.
f) “Contract” refers to the Order for a Product in accordance with these Terms and Conditions, which you accept as set out in clause 4.9 below.
g) “Customer” refers to the person placing the Order.
h) “Liability” refers to what is detailed in clause 10.11 (a) of these Terms and Conditions.
i) “Order” refers to the order placed on our Website with the aim of purchasing our Products.
j) “You” is the customer placing the Order.
k) The “Clauses” are the numbered clauses contained herein.
l) Clause headings are for reference only and do not affect interpretation of these Terms and Conditions.
m) Words in singular include the plural and vice versa. Words in one gender include all genders; references to persons include individuals, companies, corporations, or associates.
n) The words “includes” or “including” and similar expressions mean “without limitation.”
1.4 These Terms and Conditions form part of our intellectual property. Their use by third parties, in whole or in part, for commercial purposes is not allowed. Breach of this prohibition is subject to legal action.
2. Your Status
By placing an Order on our Website, you warrant that:
You are over 18 years old.
3. Applicability
3.1 These Terms and Conditions apply to any Order or Contract made or to be made for the sale and distribution of our Products. Placing an Order, placing a shipping order, or accepting delivery constitutes unreserved acceptance of these Terms and Conditions. None of these Terms and Conditions shall affect your statutory rights (including the right to demand that purchased Products correspond with their description, fulfill their purpose, and be of satisfactory quality).
3.2 These Terms and Conditions take precedence over any independent document you may sign. Any condition you submit, propose or stipulate at any time or in any format (written, email or oral) is excluded.
3.3 Additional terms or modifications to these Terms and Conditions are not binding unless expressly accepted by Alpargatus in writing via a signed document.
4. Formation of Contracts
4.1 To place an Order you must create an Account on the Website, as detailed in clause 10, and follow the instructions on how to place and modify the Order before finalizing it.
4.2 Contract formation by telephone
4.2.1 The customer may also make purchases by telephone by calling +34 91 559 61 12, Monday to Friday from 10:00 to 16:00, provided they have already registered on Alpargatus and have a user account.
4.2.2 Subject to clause 4.2.1, the customer may place the order by providing the necessary purchase information (name, surname, email, billing address and, if different, delivery address).
4.2.3 The order is considered accepted at the end of the call, and will be interpreted as a contractual offer under Article 1261 of the Civil Code. After completing the call, the customer will receive a confirmation from Alpargatus that the order has been received and, if applicable, accepted.
4.2.4 Alpargatus reserves the right to accept or reject orders received. If an order is rejected, the customer has no claim. The contract is considered formalized when the customer receives the order confirmation email.
4.2.5 Before placing an order by either method (4.1 or 4.2), the customer is encouraged to read this document carefully.
4.3 Regardless of any prior price you saw or heard, once you select a Product in your Order, the price shown on the Website will include VAT (if any) and any applicable delivery charges. Unless otherwise stated, all prices will appear in the currency valid in Spain at the time of purchase. In accordance with clause 4.11 below, this is the total amount payable for the Order.
4.4 To complete the purchase, you must pay the full Order amount at once. You may provide valid credit or debit card details or use a PayPal account. Alternatively, payment may be made through any payment method offered. Accepted methods: credit or debit card, PayPal, cash on delivery, or bank transfer. You may not use third-party payment details or instruments. For confidentiality and security, Alpargatus uses SSL encryption. However, we are not obliged to dispatch items until we have recorded full payment. Based on card verification results, we reserve the right to restrict some payment methods and redirect you to others. In telephone orders (per Section 4.2), payment is made upon delivery of products.
4.5 To enter card or bank account data, you must have the right to use it and adequate funds to cover payment. Only payments from Spanish accounts are accepted.
4.6 You are responsible for ensuring that all data you provide for purchasing Products is correct, that the payment method used belongs to you, and has sufficient funds. We reserve the right to require additional confirmation of payment details before dispatching the Order.
4.7 Placing an Order on the Website constitutes acceptance of these Terms and Conditions at the time of order. You are responsible for reviewing the latest version of the Terms and Conditions when placing your Order.
4.8 You accept to receive invoices and credit notes for returns only in electronic format.
4.9 Submission of your Order constitutes its execution and entry into force as a Contract, in all respects. On our part, we are obligated to dispatch the requested Products and send you the Acknowledgment of Receipt.
4.10 We begin the shipping process once the Acknowledgment of Receipt of your Order is issued. In that email, we will provide details of the purchased Products and your Order reference number. If Products are unavailable, we will contact you to cancel the Order or offer alternatives (in which case you must place a new Order). If you do not receive the Acknowledgment of Receipt, please contact us.
4.11 The “Order Confirmation Email” will include all details related to your purchase. After acceptance of your Order, you will receive an invoice, which does not alter your obligation to pay for the purchase in advance.
4.12 If, after placing the Order, you discover an error, contact hola@alpargatus.com immediately. We cannot guarantee to modify the Order. If you wish to cancel an order of non‑defective products, refer to clause 7 below.
4.13 Alpargatus reserves the right to modify product prices. The purchase price is the price in effect at the time the transaction is finalized.
4.14 The Contract refers only to the Products listed in the Order Confirmation Email. We are not obliged to dispatch Products until we have sent you the Order Confirmation Email.
4.15 You must provide us (or our agent or via the Website) truthful and non-misleading information. You must also notify us of any changes to your data.
5. Delivery
5.1 We will deliver the Products to the shipping address shown in your Order.
5.2 Delivery will be made within the timeframe established when placing the Order (and updated in the Order Confirmation Email). However, we cannot guarantee an exact delivery date. Delivery usually takes 5 to 7 business days from acceptance, but no fixed date is guaranteed.
5.3 We will inform you of any delay in shipping. However, to the extent permitted by law, we are not liable for losses, costs, damages, or charges from such delay.
5.4 Upon delivery, a signature may be required. Check for obvious faults, defects, or damage before signing, and keep the delivery receipt for future reference.
5.5 We ship in our standard packages. Special packaging incurs an additional charge.
5.6 Express shipping service is available for certain orders. You can view availability and cost during checkout. Delivery will occur within one to two business days. In case of delay, we will refund the express service fee.
5.7 You assume the risks associated with the Products from the moment delivery is made, except in case of delay in shipping due to your breach. In that case, risk passes as if delivery had been made absent your breach. After risk is assumed, we are not liable for loss or destruction of Products.
5.8 Take care not to damage the package contents when opening, especially using sharp instruments.
5.9 You must ensure you can receive the Order without undue delays and within the agreed reasonable timeframe.
5.10 If you are not available to receive the Order, we will leave a card with instructions for re-delivery or pick-up at the courier’s office.
5.11 If delivery or pick-up is delayed due to unjustified refusal or failure to accept or collect the parcel (within 2 weeks after first delivery), we may (without prejudice to other rights):
a) Charge you storage and any reasonable costs we incur;
b) Refuse further shipment or retrieval of the Product from the courier office and terminate the applicable Contract immediately. We will refund the difference between the amount paid and reasonable administrative and return costs (including failed delivery and return costs plus storage fees under clause 5.10(a)) to your credit or debit card.
5.12 It is your responsibility to ensure that the Products are adequate and sufficient for your needs. We guarantee that Products distributed conform to manufacturer specifications, but cannot guarantee they will meet your individual objectives. You acknowledge that Products are standard manufacture and not custom-made for your individual needs.
6. Product Unavailability
6.1 If the Product is unavailable for any reason and an Order Acknowledgment has already been issued, we will contact you immediately to offer a similar Product or to terminate the Contract. Failure to approve any of the aforementioned options implies your acceptance of any delays that may occur with the Products (subject to receipt of such Products or their depletion).
6.2 In the event of Order cancellation or product depletion, we will refund the amount paid using the same method of payment with which it was received.
7. Customer Cancellation for Non-Defective Products
Information regarding the exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without providing any reason. The withdrawal period will expire 14 days after the day you or a third party indicated by you, other than the carrier, acquires physical possession of the last of the goods.
To exercise the right of withdrawal, you must notify us (Alpargatus – Preciados Places SL, Calle Preciados No. 11, 28013, Madrid, Spain and/or hola@alpargatus.com of your decision to withdraw from the contract through an unequivocal statement (e.g., a letter sent by post, fax, or email). You may use the model withdrawal form below, although its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse you for all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and excluding cash payments, which must be refunded to a bank account specified by you. In any case, you will not incur any fees as a result of such reimbursement.
You also have the option of completing and submitting the withdrawal form or any other unequivocal statement electronically via our website www.alpargatus.com ). If you use this option, we will communicate to you without delay an acknowledgment of receipt of such withdrawal on a durable medium (e.g., by email).
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must send back or deliver the goods to us at Alpargatus – Preciados Places SL, Calle Preciados No. 11, 28013, Madrid, Spain, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods as long as you use the return documents provided by Alpargatus.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model Withdrawal Form (complete and send this form only if you wish to withdraw from the contract)
- To the attention of Alpargatus – Preciados Places SL, Calle Preciados No. 11, 28013, Madrid, Spain. Tel: +34 91 559 61 12, hola@alpargatus.com
- I/we hereby give notice that I/we withdraw from my/our () contract of sale of the following goods/provision of the following service ()
Ordered on/received on (*)
Name of consumer(s)
Address of consumer(s)
Date
(continues in next message due to length)
Continuando com a tradução das cláusulas 8 a 15:
8. Defective Products
8.1 We guarantee that:
a) The Product will be delivered in perfect condition and in the quantity ordered.
b) The Product will conform to the most recent specifications provided by the manufacturer, as stated on the Website or in the Product material description at the time of ordering.
8.2 You must observe the most recent instructions provided by the manufacturer or those indicated on the Product itself. It is your responsibility to strictly follow these instructions.
8.3 Before shipping, we may make minor adjustments to color, material, weight, dimensions, design, and other features of the Product, provided that such modifications are reasonable.
8.4 We do our best to deliver Products in optimal condition. However, if you receive a Product that you consider defective, you must retain it in its current condition so that we (or our agent) can inspect it within a reasonable period. In the case of a defective product, the seller must proceed, as appropriate, with the repair, replacement, price reduction, or termination of the contract — all of which will be free of charge for the consumer. The seller is liable for any lack of conformity that becomes apparent within two years from delivery. The consumer must inform the seller of the non-conformity within two months of becoming aware of it. This clause shall apply considering the nature of the goods sold.
8.5 To offer solutions for a defective Product, we may need your cooperation and request the following information:
a) A reasonably detailed explanation of the defects or damages.
b) Delivery note number and any other reasonably useful information.
8.6 If, as per the Contract, you wish to have the Product repaired, replaced, or refunded, you must ensure that the Product:
a) Has not been used improperly, negligently, or handled in an inappropriate or careless manner, and has not been exposed to abnormal or harmful conditions.
b) Has not been involved in any accident or damaged during attempts to repair or modify it.
c) Has not been used contrary to the manufacturer's instructions.
d) Has not deteriorated due to normal wear and tear after receipt.
If the Product does not meet any of the above conditions, we may choose not to repair, replace, or refund the Product and/or we may request that you reimburse all transportation and inspection costs based on our current standard rates. To do this, we may charge the costs to your credit/debit card or use the payment details you provided when placing the Order. To the extent permitted by law, we are not liable for losses, liabilities, costs, damages, or expenses arising from the process.
9. Vouchers
9.1 You can use gift vouchers or promotional vouchers as a form of payment for your Orders on the Website. See clauses 9.7 and 9.8 for more on promotional and gift vouchers.
9.2 In the "My Account" section of the Website, you can redeem vouchers or check your current balance.
9.3 We may send you emails containing gift or promotional vouchers. As stated in clause 11.2, we are not responsible for errors in the recipient's email address.
9.4 Both types of vouchers are transferable and you can give them to someone else.
9.5 In cases of fraud, attempted deception, or suspected illegal activity involving voucher purchases or redemptions, we reserve the right to close your account and/or request another form of payment.
9.6 We are not responsible for the loss, theft, or illegibility of vouchers.
9.7 Conditions for Redeeming Promotional Vouchers
a) We occasionally issue promotional vouchers which can be used on the Website. These are sent via email and can only be redeemed there.
b) Promotional vouchers are valid only during the stated period, are single-use, and cannot be combined with other promotional vouchers. They may not apply to certain brands.
c) The voucher balance cannot be used for third-party Products.
d) If your Order is less than the voucher value, the difference will not be refunded.
e) The promotional voucher has no cash value and does not earn interest.
f) If your Order exceeds the value of the voucher, you must pay the difference.
g) If an order was placed with a promotional voucher and later partially cancelled, we may charge you the original price for the item(s) you keep if the remaining total falls below the voucher value.
9.8 Conditions for Redeeming Gift Vouchers
a) You may purchase gift vouchers for yourself or others. They are sent by email and can only be used on the Website.
b) Gift vouchers can only be redeemed on the Website.
c) Gift vouchers cannot be used to buy other vouchers and may only be purchased via credit/debit card or PayPal.
d) Gift voucher balances are non-transferable, have no cash value, and can only be used before the Order is finalized. Orders cannot be modified after payment.
e) To cancel a gift voucher Order, call +34 91 559 61 12 at any time, as long as the voucher has not been redeemed.
f) If your Order exceeds the value of the gift voucher, you must pay the difference.
g) Multiple vouchers can be used per Order, and they can be combined with one promotional voucher per purchase.
10. Limited Liability
10.1 This clause prevails over all others and outlines our total Liability and your sole remedies regarding:
a) The fulfillment, breach, assumed fulfillment, or delay in fulfillment of these Terms or the Contract or the Website (in whole or in part).
b) Any other aspect related to these Terms or the formation or performance of these Terms.
10.2 Nothing in these Terms will limit or exclude:
a) Our Liability for (i) fraud or gross negligence; (ii) death or personal injury caused by our breach of duty; (iii) breach of obligations under Law 7/1996, Royal Decree 1906/1999, Royal Legislative Decree 1/2007; or (iv) any Liability that cannot be limited or excluded under applicable law.
b) Your legal rights as a consumer.
10.3 In performing our obligations under these Terms, our sole duty is to exercise reasonable care and skill.
10.4 Alpargatus makes every effort to avoid errors in the content on its website. To purchase Products from our site, users must register and accept these terms. Information and content are reviewed before publication, but Alpargatus cannot guarantee that they are entirely free of typos or similar issues. Users are advised to stay informed about any updates or corrections published on the site.
10.5 Except as mentioned in 10.2, we exclude all other Liability arising from these Terms.
10.6 Except as stated in 10.2, we are not liable for:
a) Loss of income
b) Actual or expected profit loss
c) Loss of contracts
d) Loss of use of money
e) Expected savings loss
f) Business loss
g) Operational time loss
h) Missed opportunities
i) Customer loss
j) Reputation damage
k) Data loss, damage, or corruption
l) Any indirect or consequential loss
This applies whether such losses are foreseeable or not.
10.7 Except as provided in 10.2:
a) Our total Liability under any Contract will not exceed the greater of: (i) €100 or (ii) 110% of the value of the relevant Contract.
b) Our total Liability to you or any third party will not exceed the greater of: (i) €100 or (ii) 110% of the total amount you paid us in the 12 months before the claim.
10.8 The limitation of Liability in 10.7 applies to all forms of liability mentioned in these Terms or arising from the invalidity or unenforceability of any part of them.
10.9 Definitions:
a) "Liability" means all liabilities arising out of breach of contract or duty, misrepresentation, restitution, or any action related to these Terms.
b) "Breach of duty" refers to any failure to perform with reasonable care and skill, whether express or implied.
(Última parte com cláusulas 11 a 15 a seguir)
Aqui está a última parte da tradução — cláusulas 11 a 15:
11. Warranty and Claims Management
11.1 We will fulfill the obligations set forth in these Terms and Conditions with reasonable care and skill.
11.2 Customer satisfaction is extremely important to us, so you can contact us at any time. Our contact details are listed in clause 1.1 of these Terms and Conditions. We will try to handle your inquiries reasonably quickly and will keep you informed of any updates regarding your inquiry or complaint. Warranty matters are often directly related to the manufacturer and may therefore require additional consultation time.
11.3 In case of a complaint, it would help us if you provide as precise a description as possible of the reason for your complaint and, if available, a copy of your Order or the Order number stated in the Confirmation Email. If you do not receive a response within 5 business days, please contact us again. Sometimes, your emails may be filtered into our spam folder or our replies may be filtered into yours.
12. Data Protection
Please refer to the “Privacy Policy” section of these Terms and Conditions.
13. Force Majeure
13.1 We are not liable for any failure, hindrance, or delay in fulfilling a Contract due to any cause of force majeure, including, without limitation, natural disasters, actions by third parties (including but not limited to hackers, suppliers, governments, and local, supranational, or quasi-governmental authorities), uprisings, riots, civil disturbances, wars, hostilities, acts of war, national emergencies, terrorism, piracy, arrests or detentions by authorities, strikes, lockouts, epidemics, fires, explosions, storms, floods, droughts, weather conditions, earthquakes, natural disasters, accidents, mechanical failures, third-party software issues, or shortages or problems with the supply of utilities (including electricity, telecommunications, or internet services), supplies, materials, equipment, or transportation (“force majeure events”), regardless of whether such circumstances were foreseeable.
13.2 Either party may terminate the Contract immediately by written notice if the force majeure situation continues for more than 2 business days. In such a case, neither party will be liable for the termination (except for refunding the price of any Product paid for but not delivered).
13.3 If we have committed to sending two Orders containing similar or identical Products and are unable to fulfill both due to a force majeure event, we will decide, at our discretion, which shipments to make and to what extent.
14. Non-Payment or Company Dissolution
14.1 If you breach any of the obligations under a Contract, we may terminate the Contract immediately by written notice and retain any pre-paid amounts for the Order. You must compensate us for any damage, loss, liability, or expense resulting from the termination and pay any outstanding amounts immediately.
14.2 Termination of the Contract shall be without prejudice to the accumulated rights or remedies of either party and shall not affect the entry into or continuation in force of any provisions intended to remain in effect after termination.
15. Notifications
15.1 Any notice related to a Contract must be given in writing and delivered in person, by certified mail with prepaid postage, or by email to the address provided by the relevant party.
15.2 Notices sent by mail are deemed to have been served 2 business days after dispatch, provided the sender’s address is within Spanish territory. Notices sent by email are considered served upon receipt by the recipient’s email server. To prove that a notice was sent, it is sufficient to show it was addressed correctly and, if applicable, sent by certified mail or with prepaid postage.
16. Advertising on the Website
16.1 We will do everything in our power to comply with the regulations relating to the website as stipulated by the relevant authorities in the field of advertising.
17. General
17.1 We will keep a record of your Orders and these Terms and Conditions for a maximum period of six years from the acceptance of each Order. However, for future reference, we recommend that you print and retain a copy of these Terms and Conditions, your Orders, the Acknowledgment of Receipt, and the Order Confirmation Email.
17.2 No delay by either party in exercising any right under these Terms and Conditions or any contract shall affect or constitute a waiver of that or any other right. Likewise, it shall not impair the rights or remedies related to such rights nor modify or reduce the rights established in these Terms and Conditions or in a contract.
17.3 If any clause of these Terms and Conditions is declared invalid or unenforceable by a competent court, such invalidity or unenforceability shall in no way affect the remaining clauses, either in whole or in part, which shall remain in full force as long as these Terms and Conditions or the Contract can remain valid without the unenforceable clause.
17.4 You shall not assign, transfer, replace, delegate, subcontract, create a trust, rely upon or otherwise use these Terms and Conditions or a contract, or the rights and obligations under them.
17.5 Nothing in these Terms and Conditions or any contract shall create or be deemed to create a partnership, agency, or employer-employee relationship between you and us.
17.6 No third party not involved in these Terms and Conditions or the contract shall acquire any rights or benefit from such rights, even if they have relied on these Terms and Conditions or the contract or expressed agreement with them.
17.7 These Terms and Conditions are governed by Spanish law. The parties agree, at their choice, to submit to the courts of the user's domicile for the resolution of any disputes, waiving any other jurisdiction. Likewise, as a member of CONFIANZA ONLINE and under its Code of Ethics, in the event of disputes related to online contracting and advertising, data protection, protection of minors, and accessibility, the user may turn to the CONFIANZA ONLINE out-of-court dispute resolution system at http://www.confianzaonline.es , represented by the Advertising Jury and the National Consumer Arbitration Board.
Amendment of the General Terms and Conditions of Sale
We reserve the right to amend these Terms and Conditions at any time. Any amendment to these Terms and Conditions will be published online. However, continued use of the Website will constitute acceptance of the new Terms and Conditions.
Part (B) – Terms of Use
1. This page (together with the documents referred to herein) sets out the terms of use ("Terms of Use") under which you may use the website www.alpargatus.com (the "Website"), either as a visitor or as a registered user. Please read these terms carefully before you begin using the Website. Your use of the Website implies your acceptance and agreement to these Terms of Use. Using any part of the Website constitutes your acceptance of these Terms of Use. This acceptance is effective from your first use of the Website. If you do not agree with these Terms of Use, you must immediately stop using the Website.
2. The Website is operated by Preciados Places SL - Alpargatus ("we"), a company registered under number B86507787, with its registered office at Calle Preciados, Number 11, 28015, Madrid, Spain.
3. We reserve the right to change these Terms of Use online at any time without prior notice. It is your responsibility to regularly check the information posted online to be aware of any changes in a timely manner. Continued use of the Website after changes have been posted constitutes your acceptance of the amended Terms of Use.
4. You are responsible for any access to the Website made through your internet connection and for informing others about these Terms of Use.
5. You may not use the Website, nor submit the Website, us, or any user to anything that:
a) Violates any law, statute, rule, or regulation.
b) Is fraudulent, criminal, or illegal.
c) Is inaccurate or outdated.
d) May be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, false, or political.
e) Pretends to be another person or entity or distorts the relationship with any person or entity.
f) Infringes or violates copyright or intellectual property rights (including, without limitation, copyright, trademark, or broadcasting rights).
g) May be contrary to our interests.
h) Is contrary to any specific rule or requirement stipulated on the Website relating to a specific part or the whole of it.
i) Involves the use, delivery, or transmission of viruses, unsolicited emails, trojans, trapdoors, Easter eggs, worms, time bombs, cancelboots, or any programming routine intended to damage, interfere harmfully with, secretly intercept, or expropriate any system, data, or personal information.
6. By these presents, you grant us an irrevocable, free, universal, transferable, and sublicensable license to use any material you submit to us or to our Website for the purpose of using it on the Website or for marketing our services (by any means and in any media).
7. Comments or any other material published on the Website are not intended to establish trust to be placed in them. Thus, we disclaim any liability arising from reliance placed on such materials by any Website visitor or any person who has received information about its content.
8. You agree to comply at all times with the instructions for using the Website, which we update periodically.
1. Website Availability, Security, and Accuracy
9. Although we strive to keep the Website available 24 hours a day, we are not responsible if, for any reason, the Website is unavailable at any time or for any period. Due to the nature of the internet, we cannot guarantee that the Website will operate error-free, continuously, or in a timely manner. Occasionally, we will need to carry out improvements, maintenance, or introduce new services and features.
10. The Website may deny or suspend your access, or that of any user, temporarily or permanently, at any time and without prior notice. We may also impose restrictions, for any reason, regarding the duration and mode of use of any part of the Website. If such restrictions are imposed personally on you, you may not attempt to use the Website under any other username.
11. We cannot guarantee that the Website is compatible with all hardware and software. We are not responsible for damage, viruses, or any other code that may affect your computer, software, data, or other property due to access to our Website, use of it, or downloading any material contained therein. Likewise, we are not responsible for actions carried out by third parties.
12. We may modify or update the contents of the Website without prior notice.
13. Although we strive to ensure that the information and materials on the Website are correct, we cannot guarantee or assure, expressly or implicitly, that they are complete, accurate, current, or suitable for a particular purpose. To the extent permitted by law, we are not responsible for any errors or omissions. This will not affect any obligations established in the contract for the supply of products, including any obligation regarding the provision of information and advice that we may carry out through a part of the Website available to users using the appropriate password.
2. Website Registration
14. To place an order on the Website and purchase any of its products, you must create a user account (an “Account”), which you can access from the "My user account" section of the Website. To register, you must provide your name, postal code, and email address, along with other possible information. For more details, you can consult our Privacy Policy.
15. Once registered on the Website, you must provide a username and password, which you must keep confidential. If the password reaches third parties, unauthorized use of your Account or email is detected, or a security breach is perceived, you must notify us immediately. Disclosing your password to third parties implies acceptance of their authority to act as your agent, use, and/or conduct business with your Account. You are solely responsible for maintaining the confidentiality of your password.
16. (This seems to be a repetition of clause 14, so omitted to avoid redundancy.)
17. We reserve the right to close your Account if a non-Spanish user pretends to be a Spanish user or causes problems of any kind on the Website.
18. During account creation and at each subsequent login, you are given the option to request or opt-out of receiving informational emails (such as newsletters, offers, etc.). You can unsubscribe from these services at any time from your user Account.
19. Although all orders placed on the Website to purchase products are stored for security reasons, you will not be allowed direct access to this information. To do so, you must log in to your Account. Once there, you can view information related to your completed, pending, or shipped orders, manage your address, banking details, and any newsletters to which you are subscribed.
3. Our Liability
20. We are liable for death or personal injury resulting from our negligence, false or fraudulent misrepresentation, gross negligence, or any other action not excluded or limited by law.
21. To the extent permitted by law and in accordance with paragraph 22 mentioned above, always (except in cases relating to services offered to a specific consumer, which will be governed by their own contractual and commitment conditions):
a) Our total liability to you or third parties will not exceed, collectively and under any circumstances, the total amount of: i) 100 EUR; or ii) 110% of the total amount you have paid us in the 12 months prior to the action giving rise to the claim.
b) We have no liability (contractual, civil, negligence, false representations, gross negligence, or any other type of liability) related to your use, inability to use, or delay in using the Website and its materials or arising from any action or decision made after using the Website or any related material for: (a) indirect losses, damages, expenses, or costs; (b) loss of actual or expected profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of income; (g) loss of customers; (h) loss of reputation; (i) loss of business; (j) loss of operational time; (k) loss of opportunities; or (l) loss, damage, or corruption of data, whether losses that we could foresee or suspect you might incur. For avoidance of doubt, clauses (b) to (l) apply to direct, indirect, consequential, or any other loss.
22. In case you enter into a contract with us by placing an order to purchase a product featured on our Website and it is accepted by us in accordance with our Terms and Conditions, the relevant provisions of those Terms and Conditions relating to responsibilities and limitations established in such contract will replace the limitation of liability provisions indicated in the previous clause 21.a.
4. Trademarks
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23. The names and logos of Alpargatus and any related brand names, designs, or slogans are registered trademarks or service marks that belong to us or our licensors.
5. Intellectual Property Rights
24. We own or license all intellectual property rights of the Website and the material contained therein. These are protected by intellectual property and copyright laws and regulations worldwide and are reserved.
25. Printing a copy, downloading extracts or pages from the Website is permitted for personal reference and to attract the attention of third parties within your organization regarding the material on the Website.
26. Modification, either on paper or digital, of any printed or downloaded material is not permitted, nor is the use of illustrations, photographs, videos, audio files, or graphics independently from the accompanying text.
27. The total or partial use of materials contained on the Website for commercial purposes is not permitted without prior licensing, which must be granted by us or our licensors.
28. In case you print, copy, or download any part of the Website and thus violate these Terms of Use, your right to use the Website will be immediately revoked and you must, at your discretion, return or destroy any copies made of the materials.
6. Personal Information and Your Visits to the Website
29. We process personal information in accordance with our Privacy Policy. Using the Website implies your consent to such processing and your guarantee of the truthfulness of the data provided.
7. Actions Carried Out Through the Website
30. Contracts for the sale of products formalized through the Website or as a result of visits to the Website are governed by our Terms and Conditions.
8. Third-Party Websites
31. We cannot exercise any control over and are not responsible for the content of any website accessed via a link on our Website (except when we provide such links). These links are provided “as is,” for your convenience, and without express or implied warranties regarding the information contained therein. We do not endorse or recommend any third-party websites accessible through links on our Website.
32. Using any elements of our Website on your own or third-party websites is not allowed without our consent.
33. We hereby grant you a revocable, non-exclusive, free right to create a link between your website and ours, provided such creation is fair and legal and does not harm or take advantage of our reputation. Specifically:
a) You may not give warranties about us, our services, or our policies except with prior express authorization.
b) You may not make false, misleading, derogatory, or offensive statements about us, our services, or our policies.
c) You may not expressly or implicitly suggest that we have promoted your website or are associated with it if that is not the case.
9. Severability
34. If any of these provisions are deemed illegal, invalid, or unenforceable by the laws of any state or country where such provisions are effective, to the extent the jurisdiction permits and stipulates their illegality, invalidity, or unenforceability, that provision shall be severed and removed from the rest of the Terms of Use, which shall remain in full force and binding and applicable.
10. Spanish Law and Jurisdiction
35. These Terms of Use and your use of the Website (as well as all non-contractual relationships arising from the Terms of Use and your use of the Website relating to them) shall be governed by and construed in accordance with Spanish law. You submit to the exclusive jurisdiction of Spanish courts to resolve any disputes arising from these Terms of Use.