TERMS AND CONDITIONS
1. SCOPE AND ACCEPTANCE OF THE SALE CONDITIONS
These Sale Conditions together with the Legal Notice of the websites www.lofsshoes.com (hereinafter, the "Website") expressly regulate the sale and purchase relationship between the entity LOFS SHOES, S.L., with corporate domicile at calle Contraparada, 4. de la Urbanización Altorreal en Molina de Segura, 30-506 Murcia (Spain), with Spanish Tax Identification number B-73819500 (hereinafter, "LOFS"), and the user of the Website who purchases products of the LOFS brand or other brands offered by LOFS at www.lofsshoes.com (hereinafter, the "Customer"). The acquisition of products from LOFS (hereinafter the "Products") through the Website implies the express acceptance without reservations of any kind, of any and all of these Sale Conditions. The acceptance by the Customer of these conditions will be fully executed by the process of clicking on the button provided for that purpose to make the purchase, which contains the words "I have read and accept the Sale Conditions". The lack of acceptance of the Sale Conditions through this procedure precludes proceeding with the purchase. Advertised products through the Website are offered to final consumers, over 18 years old. This purchase agreement is formalized in Spanish and is subject to Spanish common law. Any amendments to these Sale Conditions shall be notified to Customers on the Website, being prerequisite to purchase products that Customers accept them again. Notwithstanding the above, such amendments shall not apply to order pending delivery which are accepted and confirmed. Lack of exercise by LOFS of any of these Conditions of Sale shall not be construed nor shall constitute a waiver of them in the future or in the past.
2. PRODUCT INFORMATION. AVAILABILITY
LOFS delivers within all the territories of Europe. Delivery costs are detailed in section 6 below. LOFS reserves the right to modify at any time the quantity and/or the type of products that may be purchased on the Website. Pursuant to the provisions of Law 47/2002 amending the Law 7/1996 of the Retail Commerce of January 15 and Law 34/2002 of July 11, of the Services Information Society and Electronic Commerce, the Customer, before placing an order, is entitled to know the essential characteristics of the products that the Customer wishes to purchase. Closet Kind informs the Customer that the pictures and descriptions of the products for sale do not form part of the contractual relationship between LOFS and the Customer, are only for illustrative purpose and are not binding on Closet Kind which, according to the state of technology, makes every effort for the colours and/or drawings of the Products shown in the photos displayed on the Website are true to the original, being impossible to avoid certain variations in the colours and hues, due to technical limitations and depending on the monitor in which they are displayed. All orders made by the Customer are subject the availability of the relevant Product. If the order was made up of several Products and some of these could not be delivered, the amount of undelivered Products will be refunded to the Customer through the same payment system used by the Customer. In the event that all of the Products ordered are not available, LOFS shall inform the Customer at the email address notified by the Customer when registering on the Website and, if the Customer had paid the amount of the order, the same will be refunded in full or, if the Customer had not paid, no charge will be made. In this case the sale would be terminated pursuant to this termination clause and neither of the parties would be entitled to any compensation whatsoever for breach of contract, consequential damages or loss of profits. LOFS reserves the right to remove and/or modify any Product from the Website at any time. LOFS is not liable for errors caused by the technical malfunctioning of the Customer’s Internet service.
3. REGISTRATION. PURCHASE PROCEDURE. ORDER CONFIRMATION
For the purchase of Products on the Website, it is not needed to register on the website so you can buy as guest.
In case that the Costumer chooses to register, the "Username" and "Password" are personal and not transferable. The data provided by the Customer will be added to the database of LOFS and shall be used to process the relevant order and any other others that may be placed by the Customer in the future and to send information about offers and services by email and/or postal mail that may be of interest, in those cases provided that the customer has expressly consented. Thus, the purpose of the use of these data will be the maintenance of the contractual relationship between the Customer and LOFS and the management, administration, supply and commercial information or advertising about products of LOFS (among others, its LOFS brand) or third party partners or affiliated companies. The Customer represents to be informed of the conditions set out in this clause. Once registered, to proceed with the purchase of Products, the Customer must access the online store where he will need to add the Product he wishes to buy by selecting it and adding it to the "Shopping bag" by clicking on the corresponding button. In selecting the Product the Customer must select the size, the colour and the number of units of the Product. The "Shopping bag" will contain the reference of the selected Products, their size and colour, the number of units and the price (including taxes). The price of the Products includes the fees for deliveries in the Iberian Peninsula but not the fees for deliveries in the Balearic and Canaries Islands and the rest of Europe. Once the Customer has completed the entire purchasing process, he will receive an email acknowledging receipt of the order. The email does not imply that the order has been accepted by LOFS, since it only constitutes a mere purchase offer by the Customer. All orders are subject to acceptance and confirmation of the order by LOFS. Thus, the purchase contract between LOFS and the Customer shall be considered completed and duly entered at the time the order has been paid by the Customer and confirmed by LOFS by email to the email account designated by the Client, which will include a summary of the ordered Product, the details thereof, price and delivery fees, if applicable. LOFS shall only be obliged to deliver the Customer those products which are included in order confirmation. The email order confirmation will be sent once the Customer has placed an order under the purchase procedure indicated on the Website. The Customer shall immediately verify the content of such email and in case of any error or mistake, shall immediately report to LOFS by email to email@example.com
All Product prices are expressed in Euro and include VAT and other applicable taxes. The maximum purchase amount will be 3,000€ per order. Products prices include delivery fees for delivery in the Iberian Peninsula but not in Balearic and Canaries Islands and the rest of Europe. Once the Customer has selected the products he wishes to purchase and, before proceeding to the payment thereof, the Website will show a final summary identifying the purchased Product/s and the total price (taxes and delivery fees included). LOFS will procure that all information on the price of the Products is accurate, but it does not guarantee the absence of errors. In case there is an error in the price of a Product, LOFS shall send an email to the Customer stating the correct price of the Product and shall request the Customer to reconfirm the order at the correct price. In the event that the Customer fails to reconfirm the purchase of the Product, the purchase of that Product shall be considered cancelled. In the event that LOFS is unable to contact the Customer the order shall be considered cancelled. The price for the Products will be as displayed in the Website and may be modified by LOFS at any time. The price changes in the Products may not affect the amount of the orders already confirmed.
5. PAYMENT AND SECURITY
The Customer may pay for orders and delivery costs (if any) by: credit card or Paypal. If the payment method is credit card, it shall be carried out through a secure payment system of La Caixa bank. This payment system meets the standards for secure electronic commerce adopted by the international card brands Visa and MasterCard to ensure identity of the buyer. For the client to be able to purchase with credit card through this system, it is essential that the issuing bank of the credit card accepts payments through "Secure Shopping". So if the Client has problems with the purchase, he must contact his bank. Once the Customer has decided what products he wishes to purchase and have completed the purchase steps, the Customer will be redirected from this website to the application Cyberpac, where the Customer must enter his credit card number, expiration date and identification code (check digits) in the secure environment. The next step is to check the identity of the customer and verify the purchase by the card issuer, a process that will be carried out by the system set out by the Customer's financial institution (sms, phone call, e-mail). If the Customer is identified and the purchase is verified, the transaction will be processed securely. Once payment is completed, the Customer shall be redirected again to the Website. For every order placed by the Customer on the Website and provided that the payment has been confirmed, LOFS shall issue an invoice with the data provided which shall indicate the products delivered the price and the delivery fees (if any). LOFS never has access to confidential information concerning the means of payment. For this reason, the Customer’s bank details will be requested for each new placed order.
6. SHIPPING AND DELIVERY
In the order form, the Customer will be requested to provide a delivery address within the normal working hours. LOFS is not liable for errors caused in the delivery when the address indicated by the Customer is incorrect or certain data needed for delivery has been omitted. No deliveries will be made to PO boxes. Failure to meet any of these requirements in the delivery address entails automatic cancellation of the order. All products will be delivered via private shuttle service. The delivery fees will be:
- Spain & Portugal (Iberian Peninsula): FREE
- European Union: 15€
- Rest of the world: 45€
Orders are delivered Monday through Friday, excluding local and national holidays. The usual delivery term will be between 24-48 hours for the Iberian Peninsula and the Balearic Islands, and between 3 and 4 working days for the Canary Islands and the rest of Europe, starting from the day after the order confirmation. LOFS will not be responsible for logistical reasons unforeseen delays or force majeure. The maximum time allowed for delivery of the products is 30 days after order confirmation. In case of late deliveries, LOFS shall inform Customers as soon as possible. For delivery of the Products either the Customer or a person authorized by him must be at the designated address. In the event that the Customer or the authorized person is not in the designated address or the delivery cannot be made for other reasons, the private transport company will contact the Customer to schedule an alternative date. If the delivery has not been possible after 7 working days from the date when the order was sent for delivery, the Customer must contact LOFS. Should the Client fail to do so, after 10 days from the date when the order was sent for delivery, it will be returned to our warehouse and the Customer shall bear the delivery costs as well as any related management costs. The amount of the order will be refunded by the same payment system used less the above-mentioned expenses.
7. RETURNS AND CANCELLATIONS POLICY
7.1. Right of Return If the Customer is not satisfied with his order upon receipt, he will have a period of fifteen (15) days from the date of receipt to exercise the right of return. To do so, the Customer shall send an email to firstname.lastname@example.org with the subject "Return" clearly stating the order number and the product he wishes to return. LOFS guarantees repayment of the full amount of the product in the same manner as payment was made. If the return is made by mail, the Customer shall pay all delivery fees and shall ensure that the Product arrives in perfect conditions to our warehouse. In this case, the Customer must send written notice to email@example.com. The written notice must include the express will of the Customer to exercise their right to cancel the purchase, the details of the products he wishes to return and the relevant order number. After fifteen (15) day-period LOFS will not accept returns of orders. Products must be in perfect condition, in their original packaging and unused, with all labels and accessories included where applicable. Upon receipt of the products in our stores, and after checking their condition, LOFS will proceed to refund the amount by the same payment method used by the Customer. This amount will be reduced by the return delivery fees in an amount equivalent to the amount that was charged at the time of purchase. There will be no refund for those products which are not in the same condition they were received by the Customer and LOFS will not accept returns that have not been previously reported. If in relation of certain Products no changes or refunds are permitted (except in case of defects), this shall be explicitly stated at the time of purchase. In case of return, the delivery costs will not be reimbursed. The product price will be made reimbursed within 30 days from receipt of the return by crediting the account indicated by the Customer. The right of return shall not apply to those products which are not suitable for return due to hygiene or other legal reasons, except in case of defects.
7.2. Order CancellationIf LOFS receives the order cancellation before departure of product, the Customer shall bear no cost. In the case the cancellation order is received after the departure of the order, the Customer shall be bear the delivery and return fees.
7.3. Returns of defective products In the event that the product is damaged by transportation or the product presents any defect, the Customer shall contact with LOFS at firstname.lastname@example.org as soon as possible. LOFS shall pay all expenses involved in the collection of the product/s and the subsequent delivery of the new Product/s, once the Quality Department has confirmed the existence of the damage or defect. The return or substitution will be made as soon as possible and in any event within 30 days from the date when LOFS has confirmed to the Customer that the legitimacy of the return or substitution of the Product. In the event that the product cannot be replaced by another of identical characteristics LOFS shall reimburse the full amount paid by the Customer, including incurred delivery fees, if any. Refunds will be processed by the same payment system used by the Customer.
8. PRIVACY AND DATA PROTECTION
All information provided by the Customer will be used to process the orders and to send information about offers and services by email and/or postal mail that may be of interest, provided that the Customer has expressly consented to such submission. Thus, the purpose of the use of these data will be the maintenance of the contractual relationship between the Customer and LOFS and the management, administration, supply and commercial information or advertising about products of LOFS SHOES (among others, its LOFS brand) or third party partners or affiliated companies. The Customer represents to be informed of the conditions set out in this clause. The personal data received will be treated in accordance with Law 15/1999 of December 13, of Personal Data Protection and Royal Decree 1270/2007 of 21 December, approving the Regulations implementing Organic Law 15/1999, and other regulations applicable in Spain. Likewise, LOFS covenants that it has taken the security measures required by regulations and undertakes to maintain the secrecy of all information provided. Customers may at any time exercise their rights of access, rectification, cancellation and opposition by writing to our email address: email@example.com or by mail to LOFS SHOES, S.L., calle Contraparada, 4. de la Urbanización Altorreal en Molina de Segura, 30-506 Murcia (Spain) marked to the attention of the Customer Service Department.