GENERAL TERMS AND CONDITIONS SPIRIT 2012, S.L.

 

 

SPIRIT 2012, S.L

C.I.F. núm. B- 54675566

C/ Germán Bernácer, 79 – Nave 3

Elche Parque Industrial

03203, Elche (Alicante) España

https://www.paulaurban.com 

Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site (https://www.paulaurban.com).  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, do not accede nor use this web site the future, as you will not be able to order any Products from our site. For certain campaigns, promotions or contests, additional terms and conditions will be applied. If you want to take part in the above mentioned campaign, promotion or contest, you must agree to the Terms and conditions which will apply at that time.

SPIRIT 2012, S.L. reserves the right to rectify, modify and / or replace totality or partly this website, the information and its content, as well as the present general sales conditions. We amend these Terms from time to time. Please check these Terms regularly for possible changes or modifications.

If you wish to receive exclusive benefits and personalised services, you can create a SPIRIT 2012, S.L. account. These benefits and services, explained in detail if you ask us, can be modified from time to time, updated with new offers and/or promotions for you.

 

 

HOW TO PLACE AN ORDER

Orders will be accepted in writing, by e-mail, telephone or fax and will only be binding once accepted by SPIRIT 2012, S.L. through confirmation of the order by any of the media described above. The customer must verify the order confirmation and notify us, immediately, in writing, of any error. Otherwise, the product description in the order confirmation will constitute an integral part of this contract and will be binding for any of the both parties. Modifications or cancellations of orders are not admitted.

Offers shall be valid only in writing and for the period stated therein. If no time limit is indicated, the time limit shall be 30 days.

To place the order through the website, the customer must select the Products add them to your shopping basket and chose the method of payment. SPIRIT 2012, S.L. will not accept any order realized by different means from those previously detailed.

When placing an Order, the Customer will have made an offer to purchase the Products he has selected. The Orders will be subject to availability and acceptance by SPIRIT 2012, S.L., which may reject the order at any time and at its sole discretion, including, by way of example, in the following cases:

If the customer facilitates incorrect information including, without any limitation, insufficient or incorrect payment information, incorrect invoicing information; incomplete or incorrect delivery address; or any fraudulent information.

When there is an error on the SPIRIT 2012, S.L. Website regarding the products that the Customer has requested, such as an error concerning the price or the description of the products with respect to the information shown on the Website.

When the selected products are not in stock or no longer available through the website.

When there are serious doubts to believe that the customer is not 18 years old.

SPIRIT 2012, S.L. shall not be liable to the Customer or to third parties for the withdrawal of any product from the Website, the removal or editing of any material or content on the Website, the refusal to process an order or the suspension of an operation initiated its processing.

In case of not being able to accept or to process your order, SPIRIT 2012, S.L. will contact the customer by e-mail as soon as possible, in any case within 30 days from the date of the order.

If SPIRIT 2012, S.L. is unable to accept or process the order because the products are no longer available, or due to an error in the price and/or other data regarding the Products with respect to the placed order, the Customer will be notified and the order will be cancelled with respect to those products that SPIRIT 2012, S.L. is unable to supply. As well as refunding the Customer the amount paid for these products.

 

When the Customer places an order through the Website, he will receive an automatic e-mail confirming receipt of the Order. This e-mail contains the relevant order data. The order will be accepted and the contract between SPIRIT 2012, S.L. and the Customer will only be concluded when the products are sent. At that specific time, the Customer will receive an Order Shipment Confirmation by e-mail informing him/her that SPIRIT 2012, S.L. has sent all or part of the products indicated in the order.

SPIRIT 2012, S.L. will not accept any type of cancellation of orders different from previously indicated. 

 

PRICES:

The prices of the products are indicated on our website and will be confirmed through the automatic e-mail " Order Confirmation " that the Customer will receive right after concluding the order process. The prices are quoted in Euros and include the VAT (except for those markets where it is not billed) , as well as all other applicable taxes. The prices do not include freight costs, nor any other type of expense, tax or rate. Shipping costs shall be applied at the time your order is sent and will depend on the  value of the order and the chosen shipping method.

SPIRIT 2012, S.L. shall not be reliable for special rates, customs duties or additional delivery cost. SPIRIT 2012, S.L. reserves the right to modify its retail sales prices at any time, except for those orders that already have been carried out.

 

PAYMENT AND RESERVATION OF TITLE:

SPIRIT 2012, S.L. will only accept payments made with credit or debit cards, by means of electronic cash on delivery and bank transfer according to availability, depending on the country where the order is sent. No other form of payment will be accepted, except those mentioned above.

Payment must be made in the currency indicated in the order, in any case before shipment.


If the Customer pays by credit card or debit card he/she will have to provide the required information when placing the order. The credit or debit card will be debited for the total amount of the order once accepted. SPIRIT 2012, S.L shall not accept any purchase order nor suplly the products if  the cardholder's designated bank has not authorized the use of this card with respect to the payment of the requested items.

If SPIRIT 2012, S.L. does not receive the above mentioned authorization, the Customer shall be notified. SPIRIT 2012, S.L. reserves the right to check the identity of the cardholder requesting the appropriate documentation. All online payment operations done by credit card or debit card are made through a safe platform that will carry out the activities of data processing corresponding to the payment information in a safe environment. SPIRIT 2012, S.L shall have at any time the exclusive choice to restrict deliveries to certain countries or regions considered having a high level of fraud.

In order to guarantee the security in payment transactions, SPIRIT 2012, S.L. uses a secured payment system. This means that all the confidential information is codified and are transmitted directly to a secure server, using Secure Socket Layer (SLL) technology.

SPIRIT 2012, S.L. reserves the right to interrupt the supply if any of the payment commitments acquired have not been fulfilled. The place of delivery is indicated in the order confirmation. SPIRIT 2012, S.L. reserves its right to ownership of the product in the event of total or partial non-payment of the order. If the customer refuses delivery without our prior approval, the resulting costs or damages will run to the customer’s account, including storage, until acceptance.

Moreover SPIRIT 2012, S.L. will not assume any responsibility for delays in delivery caused by the missing authorization from the cardholder's designated bank.

SPIRIT 2012, S.L. is responsible to handle all details with regard to your purchase order and payment in safe form, inasmuch as it is enabled to. However in case of lack of negligence on the part of SPIRIT 2012, S.L. the company shall not be liable for any losses you may suffer if a third party attempts to gain unauthorised access to the information provided when acceding to the website or at the moment having placed the purchase order.

PURCHASE CONDITIONS:

The products shown on the website are only a selection from the SPIRIT 2012, S.L. catalogue. This collection has been specially chosen for the SPIRIT 2012, S.L. online shop. The availability of our products is shown in real time, SPIRIT’s 2012, S.L. online-shop assumes no guarantee arising from the lack of stock or from any of the showed articles. Our Products change every season.

Please note that the items on the SPIRIT 2012, S.L. Stock Exchange are not reserved and may be purchased by another customer.

SPIRIT 2012, S.L. uses the following purchase procedure:

You must select and " Add to the basket " SPIRIT 2012, S.L. the article (s) you wish to purchase, by clicking the " Add to the Shop Cart " icon that appears on the website.

"Add to Shop Cart" will include the reference number of the selected item(s), the name, size and price (including VAT).

The “shop cart” will detail the relation of the article(s) you are going to purchase and the total price (including VAT and the freight costs).

Once you have selected the article(s), you must complete the order sheet. On this order sheet you have to indicate your personal details and the information corresponding to the payment in order to process your purchase order. Bear in mind that all the information must be completed correctly in order to avoid confusions and problems at the moment of sending the article(s) bought.

Order confirmation:

Once you have made your choice and placed your order, you will receive an e-mail from SPIRIT 2012, S.L. confirming that your order has been registered (order confirmation). This order confirmation will include, among other things, information regarding the identification of the item(s) purchased, the total price (including VAT and shipping costs) and delivery details.

If you make a mistake when placing the order, you will have to contact our Customer Service where we will be been charmed to attend you. Nevertheless, insure yourself and always check your purchase order before finishing your purchase.

Before confirming the order, you have the possibility to edit the introduced information, as for example the delivery address, the invoice address, or the information corresponding to your credit card; you also will be able to modify your purchase basket SPIRIT 2012, S.L. by cancelling or including articles.

If any problem or mistake causes an error message, it may might be due to a temporary communication problem with the network, or due to a mistake in typing the e-mail address provided. In both cases, please contact our Customer Service at sac@paulaurban.com. We reserve the right to refuse your order, in case such as payment authorization cannot be obtained, or if the delivery of one specific article is restricted or if the article is not in stock. If the latter is the case we will inform you by email and refund you for all payments that have been done.

Place and delivery dates:

The deliveries of the purchased articles only will be sent within Spain and to the countries listed when placing your order. All the articles will be sent from SPIRIT's 2012, S.L. stores in Spain and must be returned to the same stores.

Deliveries will be made during the usual working hours, from Monday to Friday (excluding public or national holidays)

No deliveries are made on Saturdays, Sundays or public holidays in any particular region or country.

Although the objective of SPIRIT 2012, S.L. is to make the shipments within the deadlines indicated above, these delivery times are not guaranteed because the shipments are handeled by third parties. The delivery times of the orders are established as a mere guide and do not contemplate the possible delays derived from the process of payment authorization. Orders will be processed in accordance with the Terms and Sales Conditions.  SPIRIT 2012, S.L. cannot modify the delivery address once the order has been placed.

Order containing multiple articles will be sent once all articles are available. No partial deliveries will be made.

SPIRIT 2012, S.L. reserves the right to retain any order for save reasons. The customers concerned will be notified. We also reserve the right to cancel the order if we are not able to verify the details of delivery and/or invoicing, also in this case you will be notified. We also reserve the right for admission or refusal of an order if we consider that the buyer is purchasing our product for its resale.

Any customer who would like to purchase more than five pairs of shoes, will have to contact the Customer Service of SPIRIT’s 2012, S.L. online-shop where you will receive detailed information about the different purchase options.

Deliveries will be made to the place of habitual residence or place of work located in one of the countries activated for sale. All deliveries must be signed for on receipt. Once the receipt has been signed, the items are the responsibility of the consumer. We do not deliver to PO Boxes.

In order to avoid problems with deliveries (incorrect addresses, absent person at delivery address) you will have to fill in the corresponding form correctly, especially your telephone number where requested.

Once your order has left the warehouse, we will sent you an email indicating the package tracking number assigned by the courier company for the delivery of your item(s). This way you may locate your parcel at any time. If you have purchased more than one pair we will complete your order before delivery, as we do not make partial deliveries.

All articles remain the property of SPIRIT 2012, S.L. until receipt of your payment. 

Transport:

Delivery will be made by standard or express courier service, according to the Customer's choice, within normal working hours. Shipping costs will be applied to the Customer's order. All purchases of articles from SPIRIT 2012, S.L. are delivered by prestigious courier companies.

All products will be delivered to the delivery address indicated in the Order Confirmation made by the Customer.

Any delivery period specified by SPIRIT 2012, S.L. will be a mere indicative estimate. SPIRIT 2012, S.L. will not assume any responsibility for any loss or damage that the Customer may incur in the event of an unavoidable delay in delivery.

In case of no response at the delivery address stated, and no one being present to accept the delivery of the products, the transport agency will leave a notice in your mailbox.

Title and risk of loss relating to the products shall be transferred to the Customer upon delivery.

           

Modification and cancellation of a product:

 SPIRIT 2012, S.L. reserves the right to modify his products in order to improve the quality, aesthetics or design, as long as the essential characteristics of the product are not modified. SPIRIT 2012, S.L. reserves the right to withdraw any product from the catalogue at any time and without prior notice.

 Claims and cancellation of products:

The buyer will indicate his disagreement, if any, with the goods within 30 working days after receipt of the order, by a written communication addressed to SPIRIT 2012, S.L., specifying the reasons or nature of the disagreement for the return or exchange of the article.

You can cancel your order(s) at any time before sending the parcel and you will be refund for the total amount. If your ordered already has been dispatched (left our warehouse) you will have to wait until receipt of delivery to cancel the order,  though the above mentioned cancellation will be subject to terms and conditions established for returns.

To cancel an order before it is sent, access MY ACCOUNT in the section "Order History and Details", click on the order reference and send us a message from the buttom window "Add a message" CANCELLING the order. You can also return your order once you have received it, according to the conditions foreseen for returns.

You may also contact with our Customer Service to cancel your order provided that the order has not been sent.

Once the return request has been studied, and if it is accepted, an email will be sent with the instructions to the return the item(s) (free of charge) to the offices of SPIRIT 2012, S.L., at the following address:

SPIRIT 2012, S.L

C/ Germán Bernácer, 79 – Nave 3

Elche Parque Industrial

03203, Elche (Alicante) España

These instructions will contain detailed information about the order and return number so that both parties may be able to track the information.

No return or exchanges without objective reasons. Although SPIRIT 2012, S.L. reserves the right to accept returns if it is considered appropriate, the customer shall bear the costs caused by the exchange and will have to pay it before the exchange is made.

The right of retraction is subject to the following conditions:

The customer shall contact sac@paulaurban.com to obtain the corresponding call-back number and to inform about the articles he would like to return.

Products must be returned in the same conditions as they have been received. They must not be damaged or used.  Products must be returned in their original packing. If the original packing is not available, this one will have to be replaced by a box of similar size and capacity. Products from the same order must be returned within the same shipment. In any case separate returns of items from the same purchase order are not accepted.

Loss or deterioration of the goods, occurring after the transfer of risk to the buyer, shall not release the buyer from his obligation to pay the agreed price.

When the freight costs are not at SPIRIT’s 2012, S.L. expense or the transport agency has been chosen by the customer, SPIRIT 2012, S.L. will not be responsible for any possible damage caused during the transport. The fact of having a dispute due to breakage or transport reasons does not give the right to withhold all or part of the payment of the invoice.

In the above mentioned  case SPIRIT 2012, S.L., remains oblivious to any conflict or lawsuit between the customer and the final consumer, buyer or final owner.

While the products remain the customer’s possession, he is obliged to ensure that they are kept safe and in good condition.. 

Exchanges and Returns:

If, after receiving the order, the customer is not satisfied, he has a period of 30 days, from the date of receipt, to proceed with the return, or exchange of the article. To return or exchange an order, you must check that the following conditions are met:

·         The product must not be worn

·         The product must be returned in perfect conditions and if possible in its original packaging. If the original packing is not available, this one will have to be replaced by a box similar in size and capacity.

·         The product must be returned to our office within 30 days after receipt of the order at the address below).

SPIRIT 2012, S.L.

C/ Germán Bernácer, 79 – Nave 3

Elche Parque Industrial

03203 Elche (Alicante) España

 

If the exchange or return is requested with the purpose of obtaining a product of different size, color, model, or is due to a manufacturing defect, it will not have no cost for the Customer in Spain. (Returns and exchanges in the Canary Islands, Ceuta, Melilla, Europe (except Portugal) and the rest of the world will be at the expense of the customer, who must return the goods by his own means and if it was an exchange, redo the order). (only one change per order).

In the event that the exchange or return is requested for reasons other than the above (such as, for example, that the product does not meet the cutomer’s expectations, or the customer has found another product that he likes better) the return shipping will be at the expense of the Customer, who will have two options:

1º - Return the goods  with transport method chosen by the Customer who will assume the transport costs of the chosen company. In the case of a return, in the event that the customer chooses this method of shipment, and provided that all the established conditions are met, the full price of the returned product will be refunded.

2ª - You can choose to return the order with the company SPIRIT 2012, S.L. who will send a courier to collect the order. In this case, the following amounts will be deducted from the price of the product being returned:

Eur 4,80 Spain Peninsula.  Eur 9,90 Spain Islas Baleares. Eur 7,00 Portugal.

The shipping costs include the costs of preparation (handling and administration) of the order, as well as the transport

Returns and exchanges in the Canary Islands, Ceuta, Melilla, Europe (except Portugal) and the rest of the world will be at the expense of the customer, who must return the goods by his own means and, if it was an exchange, place the order again.

SPIRIT 2012, S.L. does not allow any change or return in multi-brand stores which sell our product, nor SPIRIT 2012, S.L  allows to return articles to the online-shop which have been purchased in our stores or multi-brand stores who sell our product SPIRIT 2012, S.L 

Returns:

To request the return of an item, please follow the steps below:

 

In the customer account, access the section "Order History and Details", and select the order reference. Once you have selected the order reference, you must select the lower window "Add a message" indicating the model or models to be returned, also indicating the reason for the RETURN.

You may also contact our Customer Service to cancel your order, calling to 0034-672  153 095

Once we have received the article (s) and verified that they complies with the above mentioned conditions, SPIRIT 2012, S.L.  will refund 
the amount you have paid for the item(s).

 

SPIRIT 2012, S.L. is entitled to deduct the initial delivery costs. The direct costs of returning the article/s must always be paid by the 
customer, except in the case that the return is due to a manufacturing or quality defect, where SPIRIT 2012, S.L. will be responsible
for the costs of returning the article/s.

If the item is returned as a result of a manufacturing or quality defect whereby SPIRIT 2012, S.L. is responsible, we will refund the total amount within a period of 10 business days. The refund will be made automatically to the credit card or bank account indicated by the customer, depending on the payment method that the latter has used.

Under no circumstances return deliveries with unpaid postage will be accepted.

Exchanges:

To request a change of size or article, please follow the following steps:

Use the same process as for returns through “MY ACCOUNT”.

The system will display the order details. Once you have selected the order reference, you must select the lower window "Add a message" indicating the model or models you want to exchange, and indicating the new model, color and size. We will contact you to proceed with the

After receipt of the item(s), the new size or model(s) will be sent, using the same service that was used for the original purchase. 

Returns and exchanges of products purchased through our online store, should be returned to the following address:

SPIRIT 2012, S.L. (att. E-shop)

C/ Germán Bernácer, 79 – Nave 3

Elche Parque Industrial

03203 Elche (Alicante) España

What is the warranty for footwear bought on the web?

All our shoes are guaranteed for 2 years for manufacturing defects

The items offered on this website are a selection of products from the Paula Urban collection and meet the same quality and warranty requirements of Paula Urban.

Our Customer Service department has an after-sales service to solve any problem with our products, through which we offer a fast and efficient attention to our consumers.

 

Resolution of disputes and determination of the applicable law:

In case of disagreement about the validity, execution, or interpretation of this Contract, the parties agree to resolve it amicably.

However, in the event that the parties do not reach an agreement through negotiation, the intervening parties expressly agree that any dispute, disagreement, issue or claim resulting from or relating to the performance or interpretation of this Contract, directly or indirectly, shall be finally resolved by arbitration, within the framework of the Court of Arbitration of Alicante (Spain), with headquarters in the Official Chamber of Commerce, Industry and Navigation of Alicante (Spain), to which the administration of the arbitration and the appointment of the arbitrators is entrusted, in accordance with its Rules and Statutes, which it will resolve by applying Spanish law.

Intelectual property rights:

 

All intellectual property rights (including copyright, patents, trademarks, trade names, database and design rights) and all information and material (including all logos, graphics and software) provided through this website are property of SPIRIT 2012, SL or its subsidiaries, or are used with the consent of the holders of the relevant rights, and are explicitly reserved.

The use of this website and its contents does not in any way imply the granting of any rights or assignment in relation to copyright, designs, trademarks and any other intellectual property rights related to the Content (as described in the Content section below), including SPIRIT 2012, S.L. software and all HTML and other code contained on this website. Such Content, including third party trademarks, designs and intellectual property rights mentioned or displayed on this website, are protected by national intellectual property and other laws and international treaty provisions.

You are allowed to use the Content only in the way expressly authorized by SPIRIT 2012, S.L. and / or by a third licensee. The reproduction or redistribution of the aforementioned Content is prohibited, and may constitute civil and criminal offenses. Notwithstanding the foregoing, the copying and use of the materials listed above to any other server, location or support for publication, reproduction or distribution are expressly prohibited. However, it is allowed to make

In addition to intellectual property rights, Content is defined as all graphics, photographs, including image, sound, music, video, audio or text rights of this website. Although the necessary measures have been taken to ensure the accuracy of the information and materials on this website, SPIRIT 2012, S.L. does not guarantee that the content of this website is up to date, complete and accurate or that the content is free of defects, errors and/or viruses. Likewise, SPIRIT 2012, S.L. does not guarantee that such defects, errors and/or viruses will be resolved or eliminated. On the other hand, SPIRIT 2012, S.L. reserves the right to interrupt accessibility to this website for maintenance or updating processes. We always recommend that all Internet users make sure they have an antivirus installed.

The customer is not free to promote and sell the Products of SPIRIT 2012, S.L., through the Internet, catalogues and other means of commercial promotion. Furthermore, they cannot make use of the brands, logos and signs registered by SPIRIT 2012, S.L. without having previously agreed in writing on the details of such use. The customer undertakes:

Not to request as keywords in search engines the trademarks and signs of SPIRIT 2012, S.L.

Not to create websites or domains with the marks or signs of SPIRIT 2012, S.L.

Not to create sites or domains with the marks or signs of SPIRIT 2012, S.L. on Social Networks. (Facebook, Twitter, etc.).

Not to modify images or documents created by SPIRIT 2012, S.L. to be published later in their catalogues or Internet.

Not to sell the products of SPIRIT 2012, S.L. trough an online shop of third parties (as for example Spartoo, Privalia, Amazon, Buyvip, Asos, Sarenza).

 All information exchanged is of exclusive property of the party from which it comes. Accordingly, neither party will use information from the other for its own use. The brands, logos and signs and other distinctive signs identifying the products manufactured or marketed by SPIRIT 2012, S.L., will be registered in accordance with the legal provisions on intellectual property, and the laws and regulations in force.

All information exchanged is the exclusive property of the party from which it originates. Consequently, neither party will use the other's information for its own use. The brands, logos and other distinctive signs identifying the products manufactured or marketed by SPIRIT 2012, S.L., will be registered in accordance with the legal provisions on intellectual property, and the laws and regulations in force. The client is obliged to ensure the protection of the brand, logo, sign and distinctive signs and to apply the necessary actions for effective protection. The customer acknowledges that the use granted to him, according to this agreement, of the trademark, sign and other distinctive signs, does not confer him any property rights over them. The customer undertakes to use the trademarks, logos, signs and rights of SPIRIT 2012, S.L. peacefully, and may use all the brand names in all advertising or other activities carried out by SPIRIT 2012, S.L. in the context of the promotion and sale of the Products.

The customer undertakes not to register or apply for registration of any trademark, logo or sign of SPIRIT 2012, S.L. (or other similar ones that may lead to confusion with those of SPIRIT 2012, S.L.). The customer will notify SPIRIT 2012, S.L. of any violation that comes to his knowledge of the trademarks, logos and signs registered by SPIRIT 2012, S.L., as well as the industrial property rights, owned by SPIRIT 2012, S.L.

 

Protection of Personal Data:

 SPIRIT 2012, S.L. in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (RGPD) of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD); and of the Law 34/2002 of 11 July on information society services and electronic commerce (LSSICE), informs you that your personal data will be included in files owned by SPIRIT 2012, S.L., whose purpose is the management of suppliers, customers, performance of contracted services, commercial monitoring of customers and other commercial communication actions.

However, you may, at any time, exercise your right to access, rectify, delete, limit processing, oppose or, where applicable, transfer the data, in the manner provided for by law, i.e. by sending a communication to SPIRIT 2012, S.L., at the address sac@paulaurban.com, attaching a copy of your National Identity Document.

The data will be kept for the duration of the collaboration, unless you exercise your rights of control, and then for the time necessary to fulfil any legal obligation or obligation arising from the pre-existing legal relationship

 

Elche (Spain) 15th  January 2020