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, 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, therefor it is possible that some selected products are no longer in stock. 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 Cart " icon that appears on the website.

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

The “shopping basket” 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.

Following examination, and if your request of return has been accepted, you will receive by mail the instructions to return the parcel (without cost) to the office 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

 Those 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 of items are accepted without justified, 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 change and will have to pay it before the change is realized.

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 would like to return.

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

The loss or deterioration of the goods, that ensue after the risk transfer to the customer will not to discharge the buyer from agreed payment obligations.

If the freight costs are not at SPIRIT’s 2012, S.L. expense or the forwarding agency has been chosen by the customer, SPIRIT 2012, S.L. will not be responsible for the possible damages caused during the transport. The fact that a dispute has arisen caused by damage or for transport reasons does not give the right to a partial or total retention of the invoice amount.

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 will be forced to guarantee its conservation in sure form and in good condition. 

1.   Returns and Exchanges 

If it is due to a change in size, colour or article, or manufacturing defect, there is no cost for the customer. In case of different causes (“not what I expected”, I found something that I like more, etc. ...) the freight costs for the return are the responsibility of the Customer, there are two options:

  • Return the parcel by the service chosen by the customer

  • SPIRIT 2012, S.L. will ask the agency to pass and pick up the parcel. In this case the amount of 4'80€ (Spain), 7€ (Portugal) and 18 € (Europe) will be deducted from refund amount.

If after receipt of your order you are not remain satisfied, you have a period of 30 days from the date of receipt to return or to change the said item. To return or to change an order, you will have to verify that the following conditions are fulfilled.

  • 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 invoice (see address below) within 30 days after receipt of the order.

 

 


For the products acquired in Spain, the provisions of the Revised Text of the General Law for the Defence of Consumers and Users and other Complementary Laws shall apply. Those defects produced by an inappropriate use of the article or by the breach of the indications that, in its case, accompany the product, as well as those cases in which repairs or modifications have been made by unauthorized third parties are excluded. The customer may choose between a proportional price reduction or the refund of the amount. It is essential to present proof of purchase.

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  . 

When you sent the items back for return or exchange, the products must be presented, preferably, in its original packing, and shall be returned by ordinary registered post to the below mentioned address. You can return the parcel either through the agency you choose by your own or through the agency that SPIRIT 2012, S.L. provides.

Exchanges and returns can be made through our online-shop, you shall have to return the items to:

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

C/ Germán Bernácer, 79 – Nave 3

Elche Parque Industrial

03203 Elche (Alicante) España

Returns:

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

Access to MY ACCOUNT the section "Record of Orders and details", click on the order reference and send us a message from the bottom window "Add a message" RETURN of the order of the article or articles you would like to return.

You may also contact our Customer Service to cancel your order, calling to 0034-625 45 50 39.

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). If you request the

 return within 14 calendar days on the day following its receipt, SPIRIT 2012, S.L.

 will refund the initial delivery costs. Due to the fact that SPIRIT 2012, S.L.

 has a longer return period (30 days),

 if you want to return an article with posteriority to 14 calendar days following the day in which you received the articles, 

but before the expiration of the 30-day period, SPIRIT 2012, S.L. has the right to deduct 

the initial delivery costs. The direct costs of returning the item(s) must always be paid by the customer, 

except in case of manufacturing or quality defect. In such case SPIRIT 2012, S.L. will be responsible for the return costs 

of the item(s).

You can exercise your right of withdrawal by sending us the corresponding form that you will find by contacting our Customer service department. 

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 show you the order details and the change option. Click on this option and indicate the article(s) you want to also select the reason why you want to make the change.

In the case of changes, the buyer is responsible for all delivery and collection costs. Under no circumstances deliveries with unpaid postage will be accepted.

Once received the item(s) back we will send you the new size or article(s), using the same agency service that was used before for sending the original purchase order.

 

2.    Resolution of disputes and determination of the applicable law:

In case of discrepancy regarding the validity, execution, or interpretation of this Agreement, both parties undertake to resolve the matter amicably. However, in the event that the parties do not reach an agreement through negotiation, the parties involved expressly agree that any litigation, discrepancy, issue or claim resulting from the execution or interpretation of this Contract or related to it, directly or indirectly, will be resolved definitively through arbitration, through legal arbitration under the Arbitration Court of Alicante (Spain) with legal headquarter at the Chamber of Commerce, Industry and Shipping of Alicante (Spain), entrusted with the administration of the arbitration and the appointment of the arbitrators, in accordance with its Regulations and Statutes, which will be resolved by applying Spanish law.

3.    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 mean in any case the granting of any right or assignment in relation to the copyright, designs, trademarks and any other intellectual property right related to the Content (as described in the Content section, below), including the software of SPIRIT 2012, SL and all the HTML and other codes contained in this website. Such Content, including third-party trademarks, designs and intellectual property rights mentioned or displayed at this website are protected by national intellectual property and other laws and provisions of international treaties.

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 a copy for viewing the content for your own personal use.

In addition to intellectual property rights, the Content is defined as all graphics, photographs, including the rights of image, sound, music, video, audio or text 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 updated, complete and accurate or that the content does not contain defects, errors and / or viruses. Also, SPIRIT 2012, S.L. does not guarantee that said defects, errors and / or viruses will be solved or eliminated. On the other hand, SPIRIT 2012, S.L. reserves the right to interrupt the access to this website for maintenance or update processes. We always recommend that all Internet users make sure to have an antivirus installed.

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

 

  • Not requesting the brands and signs of SPIRIT 2012, S.L. as search engine keywords.

  • Not creating websites or domains with the marks or signs of SPIRIT 2012, S.L.

  • Not creating websites or domains with the marks or signs of SPIRIT 2012, S.L. on Social Networks. (Facebook, Twitter, etc.).

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

  • Not to selling the products of SPIRIT 2012, S.L. trough an online shops 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. The customer is obliged to ensure the protection of the brand, the logo, the sign and distinctive signs and to apply the necessary actions for effective protection. According to the present agreement, the customer recognizes that the use granted to him, on the brand, the sign and other distinctive signs, does not confer any property right on them.

The customer undertakes to use the trademarks, logos, signs and rights of SPIRIT 2012, S.L., peacefully and may use all brand names in all advertising or other activities carried out by SPIRIT 2012, S.L. within the framework of the promotion and sale of the Products. The customer undertakes not to register or request the registration of any brand, logo and sign of SPIRIT 2012, S.L. (or similar ones that lead to confusion with those of SPIRIT 2012, S.L.). The customer will notify SPIRIT 2012, S.L. any violation of the trademarks, logos and signs registered by SPIRIT 2012, S.L., as well as the industrial property rights, property of SPIRIT 2012, S.L., that comes to his knowledge.

 

4.     Protection of Personal Data:

 SPIRIT 2012, SL, in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and free movement of these data and which repeals Directive 95/46 / EC (General Data Protection Regulation) and Law 34/2002, of July 11, on information society services and electronic commerce ( LSSICE), informs you that your personal data will be included in files owned by SPIRIT 2012, SL, whose purpose is the management of suppliers, customers, realization of contracted services, commercial monitoring of customers and other communication actions commercial. Such personal data may be transferred by SPIRIT 2012, S.L. to third parties, only and exclusively, in case of having to attend to a claim derived from the violation of intellectual and industrial property rights by the buyer.

To exercise the access rights, amendment, cancellation and objection provided for in the Law, you can contact SPIRIT 2012, S.L. at the address sac@paulaurban.com. 

Elche (Alicante)-Spain, 18th  January 2020.