Terms of service
General Sales Conditions
- General Information
This document (as well as all other documents mentioned here) regulates the terms under which the use of this Website and the purchase or acquisition of products on it is governed (hereinafter referred to as "Conditions"). This document and related ones are available on the website for consultation.
For the purposes of these Conditions, the activity carried out by Palestino Store through the Website includes: the sale of footwear.
In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the Cookie Policy, and the Privacy and Data Protection Policy of Palestino Store. By using this Website or making and/or requesting the acquisition of a product through it, the User agrees to be bound by these Conditions and all previously mentioned documents. If the User disagrees with any of them, they should not use this Website.
These Conditions may be modified. The User is responsible for checking them each time they access, browse, and/or use the Website, as the applicable conditions will be those in force at the time the product acquisition is requested.
For any questions regarding the Conditions, the User may contact the owner using the provided contact information or, if applicable, using the contact form.
The information about purchase conditions and website navigation is written in Spanish. It is permanently available to be printed or saved.
- The User
Accessing, browsing, and using the Website confers the status of user (hereinafter referred to, individually or collectively, as User(s)), so all the Conditions set forth here, as well as any subsequent modifications, are accepted as soon as browsing the Website begins, without prejudice to the application of the relevant legal regulations that are mandatory as applicable.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
- Using the Website only for making legally valid queries and purchases or acquisitions.
- Not making any false or fraudulent purchases. If it is reasonably suspected that a purchase of this nature has been made, it may be canceled, and the relevant authorities will be notified.
- Providing truthful and lawful contact information, such as email address, postal address, and/or other details (see Legal Notice).
- The User declares to be over 18 years old and legally capable of entering into contracts through this Website.
Access for Minors
This Website is intended for adults. Access, registration, browsing, usage, hosting, downloading materials, and generally using the services of the Website are not allowed for minors. By accessing the website, the User responsibly states and guarantees that they are at least 18 years old.
The Website is primarily directed to Users residing in Spain. Palestino Store does not ensure that the Website complies with the laws of other countries, whether wholly or partially. Palestino Store disclaims any responsibility that may arise from such access. The User may choose to formalize the contract for the purchase of desired products with Palestino Store in any of the languages in which these Conditions are available on this Website.
- Purchase or Acquisition Process
Users can buy on the Website using the established methods and forms. They must follow the online purchase and/or acquisition process, during which several products may be selected and added to the cart, basket, or final purchase space and, finally, click on "FINISH PURCHASE."
Additionally, the User must fill out and/or verify the information requested at each step, although data can be modified during the purchase process before payment is made.
Subsequently, the User will receive an email confirming that Palestino Store has received their order or purchase request, which is the confirmation of the order. These details may also be made available to the User through their personal space on the Website.
The User acknowledges being aware, at the time of purchase, of certain specific sales conditions related to the product in question, which are displayed alongside its presentation or image on the Website, including, but not limited to: name, price, components, weight, quantity, color, product details, or characteristics. The User acknowledges that the completion of the purchase order constitutes full and complete acceptance of the specific sales conditions applicable to each case.
Communications, purchase orders, and payments involved in transactions made on the Website may be archived and stored in the computerized records of Palestino Store as a means of proof of transactions, always respecting reasonable security conditions and applicable laws and regulations, particularly regarding data protection and the rights of Users under the Privacy Policy of this Website, Legal Notice, and General Terms of Use.
- Availability
All purchase orders received by Palestino Store through the Website are subject to the availability of the products and/or the occurrence of no circumstance or force majeure (Clause Nine of these Conditions) affecting the supply of the products and/or the provision of services. If difficulties arise regarding product supply or if products are out of stock, Palestino Store agrees to contact the User and refund any amounts paid for the product(s).
- Prices and Payment
The prices displayed on the Website are final, in Euros (€), and include taxes unless a different issue, especially concerning VAT, is indicated and applied as required by law.
Shipping costs for Spain (Mainland) are shown on the Website. Palestino Store provides delivery and/or shipping services through reputable transport companies.
Under no circumstances will Palestino Store automatically add additional costs to the price of a product or service, only those the User has voluntarily and freely selected.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods include: Cash on Delivery, Credit Card, Visa, MasterCard, American Express.
Palestino Store uses all necessary measures to ensure the confidentiality and security of payment data transmitted by the User during transactions on the Website. The Website uses a secure payment system.
Credit cards will be subject to checks and authorizations by the issuing bank. If the bank does not authorize the payment, Palestino Store will not be responsible for any delays or failure of delivery and will not formalize any contract with the User.
Once Palestino Store receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that sufficient funds are available to complete the transaction. The charge on the card will occur when the shipping confirmation is sent to the User.
In any case, by clicking "FINISH PURCHASE," the User confirms that the payment method used is theirs.
6. Delivery
In cases where physical delivery of the goods is necessary, deliveries will be made within the following territory: Spain (Mainland). Except in cases of unforeseen or extraordinary circumstances, or when products are personalized, the order consisting of the products listed in each purchase confirmation will be delivered within the timeframe specified on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason, for which Palestino Store is responsible, the delivery date cannot be met, the User will be contacted and informed about this situation. The User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange for a new delivery.
If 30 days pass since the order became available for delivery and it has not been delivered due to reasons not attributable to Palestino Store, the User will be considered to have withdrawn from the contract, and the contract will be considered resolved. As a result of the contract resolution, all payments received from the User will be refunded, except for additional costs arising from the User’s choice of a delivery method other than the standard, less expensive delivery option offered on the Website, without undue delay and, in any case, within a maximum of 14 days from the date the contract is considered resolved.
However, the User should be aware that the cost of transport due to the resolution may be charged.
For the purposes of these Terms, the delivery or transfer of ownership of the order will be considered completed when the User or a third party designated by the User takes physical possession of the products, as evidenced by signing for receipt at the agreed delivery address.
The risks related to the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Palestino Store receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it occurs after the full payment is received by Palestino Store.
According to Law 37/1992 of December 28, the Spanish Value Added Tax (VAT), orders for delivery will be considered located in the Spanish VAT territory if the delivery address is in Spanish territory. The applicable VAT rate will be the legally valid one at the time, depending on the specific article concerned.
7. Technical Means for Correcting Errors
The User is informed that if they detect an error when entering necessary data to process their purchase request on the Website, they can modify it by contacting Palestino Store through the contact spaces available on the Website and, if applicable, through those provided for customer service, and/or using the contact details provided in clause one (General Information). These details may also be amended by the User through their personal account on the Website.
In any case, the User, before clicking "COMPLETE PURCHASE," has access to the space, cart, or basket where their purchase requests are listed, and can make modifications.
The User is also referred to the Legal Notice and General Terms of Use to gather more information on how to exercise their right to rectification according to the General Data Protection Regulation (EU) 2016/679 GDPR.
8. Returns
In cases where the User acquires products on or through the Website, they have a series of rights, as enumerated and described below:
Right of Withdrawal
As a consumer and user, the User has the right to withdraw from the purchase within 14 calendar days without justification.
This withdrawal period will expire 14 days after the day the User or a third party authorized by the User, other than the carrier, took physical possession of the goods purchased on Palestino Store’s Website, or, if the goods that make up the order are delivered separately, 14 days after the day the User or a third party authorized by them, other than the carrier, took physical possession of the last of those goods in a single purchase order.
To exercise this right, the User must notify their decision to Palestino Store. They may do so through info@palestino.store.
Regardless of the method used to communicate the decision, the User must express clearly and unequivocally their intention to withdraw from the purchase contract. The User may use the withdrawal form model provided by Palestino Store as an annex to these Terms; however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient for the communication expressing the decision to withdraw to be sent before the deadline.
In case of withdrawal, Palestino Store will refund the User all payments received, including shipping costs, without undue delay and, in any case, within 14 calendar days from the date Palestino Store is informed of the decision to withdraw by the User.
Palestino Store will refund the User using the same payment method the User used to make the initial transaction. Palestino Store may withhold the refund until it has received the products or until the User provides proof of their return, whichever comes first.
The User may return the products to www.palestino.store.
The User must do this without undue delay and, in any case, within 14 calendar days from the date Palestino Store was informed of the decision to withdraw.
The User acknowledges that they will bear the direct cost of returning the goods (pickup, transport, and delivery), if applicable. Additionally, they will be responsible for any decrease in the value of the products resulting from handling them in a way other than necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges that exceptions to the right of withdrawal exist, as set out in Article 103 of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. For example, and not exhaustively, this applies to personalized products, products that can deteriorate or expire quickly, music or video CDs/DVDs without their original packaging, footwear, hygiene products, and products that have been unsealed after delivery.
In any case, no refund will be made if the product has been used beyond merely opening it, for products that are not in the same condition as when delivered, or that have been damaged after delivery.
Furthermore, products must be returned with all original packaging and accompanying documents (labels), where applicable.
Return of Defective Products or Shipping Errors
This applies to cases where the User considers that, upon delivery, the product does not comply with the contract or purchase order and must contact Palestino Store immediately to notify the issue (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed about how to return the products, and once returned, they will be examined. The User will be notified, within a reasonable time, whether a refund or, if applicable, a replacement is warranted.
Refunds or replacements will be made as soon as possible and, in any case, within 14 days of the email confirmation that a refund is due.
The amount paid for products returned due to a defect, when there is indeed a defect, will be refunded in full, including delivery costs and any costs incurred by the User to return the items. The refund will be made using the same payment method the User used to pay for the purchase.
In any case, the rights recognized by the applicable legislation for the User, as a consumer and user, will always be observed.
Warranties
As a consumer and user, the User enjoys warranties on the products purchased through this Website, under the legally established terms for each type of product. Palestino Store, therefore, is responsible for any lack of conformity of the products that becomes apparent within two years from the delivery of the product.
In this regard, products are considered in conformity with the contract if: they match the description provided by Palestino Store and have the qualities presented in it; they are suitable for the purposes for which products of the same type are ordinarily used; and they meet the usual quality and performance standards expected of such products. When this is not the case, the User must follow the procedure described in the section "Return of defective products or shipping errors." However, some of the products sold on the Website may present non-homogeneous characteristics due to the type of material used in their manufacture, which may contribute to the individual appearance of the product and not be considered a defect.
Additionally, the User may purchase a product from a third-party brand or manufacturer through the Website. In this case, if the product is defective, the User can contact the brand or manufacturer to exercise their legal warranty directly with them during the two years following the delivery of the product. To do so, the User must retain all information related to the product's warranty.
9. Disclaimer of Liability
Unless otherwise provided by law, Palestino Store will not accept any liability for the following losses, regardless of their origin:
- Any losses not attributable to any breach on its part,
- Business losses (including lost profits, income, contracts, expected savings, data loss, loss of goodwill, or unnecessary expenses incurred), or
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the purchase contract for the products was concluded.
Likewise, Palestino Store limits its responsibility in the following cases:
- Palestino Store takes all measures to provide an accurate visualization of the product on the Website; however, it is not responsible for minor differences or inaccuracies that may exist due to screen resolution issues, browser problems, or similar technical factors.
- Palestino Store will act with the utmost diligence to make the products available to the transport company; however, it is not responsible for damages arising from transportation malfunctions, such as strikes, road delays, and other industry-related causes that may lead to delays, losses, or thefts of the product.
- Technical failures, due to fortuitous causes or otherwise, that prevent normal operation of the service through the internet. Unavailability of the Website for maintenance or other reasons, which prevents access to the service. Palestino Store will take all reasonable steps to carry out the purchase, payment, and shipping/delivery process, but it is exempt from responsibility for causes beyond its control, force majeure, or unforeseen circumstances.
- Palestino Store will not be responsible for the misuse of products used by the User. Likewise, it will not be liable for an erroneous return made by the User. It is the User's responsibility to return the correct product.
In general, Palestino Store will not be responsible for any failure or delay in fulfilling any of its obligations when such failure or delay is due to events beyond its reasonable control, including but not limited to:
- Strikes, employer lockouts, or other protest actions.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (whether declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
- Inability to use trains, ships, planes, motor vehicles, or other modes of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions by any government or public authority.
Thus, obligations will be suspended for the period during which the force majeure event continues, and Palestino Store will have an extension of time to fulfill them for a period equal to the duration of the force majeure event. Palestino Store will make all reasonable efforts to find a solution that allows it to fulfill its obligations despite the force majeure event.
10. Written Communications and Notifications
By using this Website, the User agrees that most communications with Palestino Store will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to the use of this electronic communication medium and acknowledges that all contracts, notifications, information, and other communications sent by Palestino Store electronically fulfill the legal requirements of being in writing. This condition will not affect the rights recognized by law for the User.
The User may send notifications and/or communicate with Palestino Store using the contact details provided in these Terms and, if applicable, through the Website's contact spaces.
Likewise, unless otherwise stated, Palestino Store may contact and/or notify the User at their email address, phone number, or postal address provided.
- Waiver
No legal waiver by Palestino Store or failure to require strict compliance by the User with any of their obligations shall imply a waiver of other rights or actions arising from a contract or these Terms, nor shall it exempt the User from fulfilling their obligations.
No waiver by Palestino Store of any of these Terms or the rights or actions arising from its contract will take effect unless it is expressly stated as a waiver, formalized, and communicated to the User in writing.
- Nullity
If any of these Terms are declared null and void by a final ruling issued by a competent authority, the rest of the clauses shall remain in force, unaffected by such declaration of nullity.
- Entire Agreement
These Terms and any document expressly referred to herein constitute the complete agreement between the User and Palestino Store regarding the subject of the sale and supersede any prior verbal or written agreement, promise, or understanding between the parties.
The User and Palestino Store acknowledge that they have entered into the contract without relying on any statement or promise made by the other party, except as expressly mentioned in these Terms.
- Data Protection
The personal information or data that the User provides to Palestino Store during a transaction on the Website will be processed in accordance with the data protection policies (Legal Notice, General Terms of Use, and Privacy Policy). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is truthful.
- Applicable Law and Jurisdiction
Access, browsing, and/or use of this Website and the purchase contracts of products through it will be governed by Spanish law.
Any dispute, problem, or disagreement arising from or related to the access, browsing, and/or use of the Website, the interpretation and enforcement of these Terms, or the sale contracts between Palestino Store and the User, will be submitted to the non-exclusive jurisdiction of the competent Spanish courts.
- Complaints and Claims
The User can send complaints or any other comments to Palestino Store using the contact details provided at the beginning of these Terms (General Information).
In addition, Palestino Store provides official complaint forms available to consumers and users, which they can request at any time by using the contact details provided at the beginning of these Terms (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between Palestino Store and the User, the User, as a consumer, can request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and Council, of May 21, 2013, on online dispute resolution for consumer issues and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
