GENERAL CONDITIONS. USERS.
Please read this contract carefully. Your access to and use of this electronic platform and/or website implies your express and unreserved acceptance of all the terms of these conditions, which are as valid and effective as any written and signed contract. You should read these terms and conditions carefully each time you access and use the electronic platform and/or website.
Compliance with these terms and conditions shall be enforceable with respect to the user, a natural person of legal age, who has accessed the electronic platform. If you do not agree with the terms of these general conditions of use, do not access or use the electronic order management platform. FLUCHOS,
S.L.U. is not responsible for any possible damage that the use of the electronic platform and/or website by minors may cause.
OBJECTIVE
The purpose of these conditions is to regulate the conditions of access, use, request and management of orders through the electronic platform accessible from the website atom-sport.es (hereinafter, the website) or from any other Internet addresses that lead to it. The website and the electronic platform are owned by FLUCHOS S.L.U., a company dedicated to the manufacture and distribution of shoes, with Tax Identification Number B26011627 and registered office at Avda. de Quel, 72, 26580 - Arnedo (La Rioja), a company registered in the Companies Register of La Rioja, Volume 480, S. 8, Folio 114, Page LO2181. The customer service telephone number is 941 89 92 33 and you can also contact us through the contact form on the website. Orders can be placed through the electronic platform via the Internet, through the website or by telephone.
CONTENT, USE AND OPERATION OF THE WEBSITE
FLUCHOS, S.L.U. makes every effort to avoid any errors in the contents that may appear on this website. If the user detects any error in the contents, FLUCHOS, S.L.U. is grateful for any comment or suggestion in this regard, and will try to correct them as soon as possible.
The website of FLUCHOS, S.L.U. may contain links to other websites which are not owned by FLUCHOS, S.L.U. FLUCHOS, S.L.U. takes due precautions when linking to other websites, but does not exercise and cannot exercise direct control over the content of the linked websites nor over any changes that may occur therein, and consequently cannot be held responsible for the veracity, validity and reliability of the information contained in the linked websites, and it is up to the user to determine which organisation is responsible for hosting the website that they may visit. The mere existence of links does not constitute or
represent any type of relationship between FLUCHOS, S.L.U. and the individuals or companies that own the corresponding websites.
The website contains models representative of the FLUCHOS collections. FLUCHOS, S.L.U. may modify, cancel or discontinue models without prior notice. FLUCHOS, S.L.U. does not guarantee the availability of all models and/or products contained on the site.
Users use the website at their own risk, at their own risk and responsibility, and undertake to use it diligently, exclusively for personal and/or private and never commercial purposes, and always in accordance with current legislation. In any case, FLUCHOS, S.L.U. may deny or withdraw access to the website, without prior notice, to those users who do not make proper use of the site. FLUCHOS,
S.L.U. rejects all liability that may arise from inappropriate use of the site. Any damages that may arise, both to third parties and to FLUCHOS, S.L.U., as a result of inappropriate use of the site, shall be the sole responsibility of the user.
FLUCHOS, S.L.U. will make its best efforts to ensure the correct functioning of the website, and shall not be liable for its malfunctioning when this is due to accidental circumstances, such as lack of availability due to technical issues, force majeure, necessary maintenance work or similar.
SPECIAL CONDITIONS OF THE ELECTRONIC ORDER MANAGEMENT PLATFORM
To place an order through the electronic order management platform, the user must enter the username and password created by the customer. The user must select the product/s, the size, and add them to the shopping cart. Once the "add to cart" selection has been made, the user can continue shopping or finalise the purchase. Once the selection of products has been completed, the user can go to "My basket" to see the complete order and, if it is correct, select the option "Finalise purchase". If there is any product that he/she does not want,
he/she can delete it at that moment. Once the purchase has been confirmed, the billing and shipping details will be collected.
TERMS OF DELIVERY
The user does not need to place a minimum order. Orders are processed until 12:00 noon. Orders placed after this time will be shipped with a one day delay. Once the order has been processed, the delivery time is 24/48* hours for orders to Spain if the order has been placed on a working day (except for shipments to the Canary Islands, Ceuta and Melilla).
* Outside of special periods, sales and promotions. * If you live in the Balearic Islands, your order may take 48-72 hours. * If you live in the Canary Islands, Ceuta or Melilla, the order may take between 3-7 days. Depending on customs formalities.
In the event that an order is not available, FLUCHOS S.L.U. will inform the user. Orders will be delivered to the address designated by the buyer. FLUCHOS
S.L.U. assumes no responsibility when the delivery cannot be made as a result of the data provided being inaccurate or incomplete or when the delivery cannot be made due to the absence of the addressee. Notwithstanding the above, FLUCHOS S.L.U. will observe the diligence required to ensure that delivery can be made as soon as possible, both to the satisfaction of the sender and the recipient. Transport costs shall be borne by FLUCHOS S.L.U. for orders sent to the European Union, with the exception of orders to the Canary Islands, Ceuta or Melilla, which shall be borne by the customer. We do not ship to Madeira or Azores.
PRICE
The prices shown are the Retail Price (RRP). Prices are shown in euros and include applicable taxes. FLUCHOS S.L.U. reserves the right to modify prices according to market conditions. The prices and conditions shown are valid at all times and are only valid during the open session.
METHOD OF PAYMENT
The customer can choose the following payment methods for orders placed through the electronic platform: Paypal, Credit Card and Bizum.
COMPLAINTS AND NON-CONFORMITIES
Any defect and/or deterioration that the customer may notice in the product(s) received must be reported to FLUCHOS S.L.U. immediately or within fifteen days of receipt of the order through the Customer Service Department, by calling 941 38 48 39, or by using the contact form on the website.
RETURNS
No returns will be accepted more than thirty days after delivery of the order to the customer. Returns will be accepted as long as the shoe is unworn. The cost of such returns shall be borne by FLUCHOS S.L.U. (except for the Canary Islands, Ceuta and Melilla). Returns made from the Canary Islands, Ceuta or Melilla are at the customer's expense, and the customer will have to pay customs and the corresponding costs. FLUCHOS, S.L.U. will not be responsible for any customs costs and will not refund the return if the order does not arrive at its facilities. In any case, the customer must return the item in the same condition in which it was received, with all labels intact, in perfect condition, in its original packaging and must not be used or damaged. However, if it does not have the original packaging, you must replace it with one of similar size and capacity. The return must be sent from the same country in which the order was placed. To make a return, the customer must enter the website atom-sport.es, go to the section "My account" and select the section "Orders and Returns", where the customer will find a history of their orders and can process the return. In the case of an order sent to Ceuta, Melilla and the Canary Islands, you will receive an email indicating that you must return the goods using the delivery method of your choice.
OWNERSHIP OF PRODUCTS
The material shall not be considered the customer's material until full payment of the sale price has been made. If payment is not made in full FLUCHOS
S.L.U. is entitled to repossess the goods without prior notice and independently of any legal action, and the customer undertakes not to oppose this property right clause. The costs arising from the application of the following clause as well as the repair of the deterioration and/or wear of the material which makes the object of this right, will remain entirely at the expense of the customer.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The website, its contents, designs, brands, products and services are the property of FLUCHOS, S.L.U. All the industrial and/or intellectual property rights that apply to them shall in all cases be the property of FLUCHOS, S.L.U., and enjoy the broadest legal protection. All rights reserved, the reproduction, distribution and public communication, even in the form of making available, in whole or in part, of the contents of this website, for any purpose whatsoever, are expressly prohibited. FLUCHOS, S.L.U. would appreciate being informed of any infringement of the aforementioned intellectual/industrial property rights detected by the user.
FLUCHOS, S.L.U LEGAL WARRANTY
Without prejudice to the commercial guarantee that FLUCHOS, S.L.U. may offer to its customers, if you purchase the products as a consumer and user, FLUCHOS, S.L.U. shall be liable for any lack of conformity with the contract of the products that becomes apparent within a period of two years from the delivery of the same.
The products shall be deemed to be in conformity with the contract provided that (i) they conform to the description provided by FLUCHOS, S.L.U. and possess the qualities set out on this website, (ii) they are suitable for the ordinary uses for which they are ordinarily intended and (iii) they present the
usual quality and performance of a product of the same type that can reasonably be expected.
If any of the products are not in conformity with the contract, you must inform FLUCHOS, S.L.U. within the aforementioned period and through the same channels of communication as those established in the clause relating to the "Right of withdrawal".
FLUCHOS, S.L.U. uses natural materials in the manufacture of its products, of the highest quality, so that the small deviations that due to the natural characteristics of the products (such as small nuances of colour or texture) may occur with respect to the appearance of the products on the web, will not be understood as a lack of conformity for the purposes of the application of the legal guarantee.
APPLICABLE LAW
These general terms and conditions shall be applied and interpreted in accordance with Spanish law in all matters not expressly established.
RIGHT OF WITHDRAWAL
If you purchase the goods as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period shall start to run from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or, in the event that the goods were delivered separately, from the acquisition of the material position of the last of the goods. It shall be sufficient for the communication concerning the exercise of the right of withdrawal to be sent before the expiry of the period indicated.
To exercise the right of withdrawal, you must send an unequivocal statement to that effect to FLUCHOS, S.L.U., either to the address Avda. de Quel, nº 72 (26580 - Arnedo, La Rioja), or by sending a communication to the e-mail address [email protected]. Although its use is not compulsory, FLUCHOS,
S.L.U. makes available to you the model withdrawal form that appears as an Annex to these Conditions.
In case of exercise of the right of withdrawal, we will reimburse to you all payments received, including the costs of delivery to the initial delivery address (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive method of standard delivery offered by us) without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to effect such reimbursement using the same means of payment used by you for the initial transaction, unless otherwise agreed. You will not incur any costs as a result of the refund.
Once the right of withdrawal has been exercised, the goods must be returned without undue delay, and in any case within 14 days. FLUCHOS, S.L.U., may withhold the refund until it has received the goods or until it has been accredited that the goods have been returned, depending on which condition comes first.
