PRELIMINARY CONSIDERATIONS
Access to and use of the website audleyshoes.com is subject to the following Conditions of Use and Sale.
Please read these General Conditions carefully, as your access to and use of www.audleyshoes.com, and the purchase of any articles, signifies that you have read, understood, and accepted these General Conditions. The General Conditions in this document are only applicable to sales and transactions between individuals and YUM SPAIN CORPORATE, S.L. made though the website, www.audleyshoes.com a domain which belongs to the company.
COMPANY INFORMATION
The company YUM SPAIN CORPORATE, S.L. was legally incorporated in Spain, and has business tax number CIF B-84009661. It is registered in the Madrid Register of Companies (entry 1/1431/660 sheet 97 F.P.31/05/2004 prot. 2004/1340/N/26/05/2004), and for all necessary purposes hereby submits to the jurisdiction of the courts of Elda (Alicante). The head office of the company is located in Elda (Alicante), at c/ Alemania, 87 – 03600 ELDA (Alicante), and any correspondence should be sent to this postal address.
PURPOSE OF THE COMPANY
YUM SPAIN CORPORATE, S.L. is dedicated to the sale of footwear over the Internet. Access to its website www.audleyshoes.com, its product catalogue, and its conditions of sale are described in the General Conditions and Conditions of Use and Sale. Any actions that infringe these Conditions will be considered legally null and void.
MODIFICATION OF GENERAL CONDITIONS
YUM SPAIN CORPORATE, S.L reserves the right to update and/or modify all or part of the contents of these General Conditions to adapt them to changes in the applicable legislation and/or regulations. Any such updating or modifying of the General Conditions will come into effect when they are published on YUM SPAIN CORPORATE, S.L«s website. We therefore recommend that you read the General Conditions carefully before placing your order, and stop using the site if you do not agree with them, as otherwise you will be subject to the provisions of the General Conditions.
ACCESS TO THE WEBSITE
All users may freely browse articles and the product information sheets, and no access restrictions are applied. Likewise, users have free access to the shopping cart, which allows you to browse and choose different products before placing your order. Access to the online shop is restricted when you place your order, and consequently complete the contract, that is to say, from the moment when you enter your billing details, and information about the method of payment, as they are considered to be personal information. At this point you will be asked to identify yourself by giving a password, or if you do not have one, by submitting an application to register as a new user. After this stage has been completed, you will be able to access the online shop, and complete your order by making the required payment.
OTHER CONSIDERATIONS
You, the user, are solely and exclusively responsible for using the website www.audleyshoes.com and its content correctly. YUM SPAIN CORPORATE, S.L. disclaims all liability in the event that any user or client uses the website or its content incorrectly. Furthermore, you, the user, are responsible for the truthfulness of the information given to the company, and the submission of false information to YUM SPAIN CORPORATE, S.L. will be sufficient grounds for refusing a user access to the website.
Users who have undertaken any illegal activity which violates the legislation in force, or these General Conditions, will be refused access to the website. In the event of any such illegal behaviour, the company may deny the user in question access to the website without notice.
LEGAL NOTICE
WEBSITE OWNER IDENTIFICATION
We hereby inform you, in compliance with the Spanish Information Society and Electronic Commerce Services Act 34/2002 of 11 July, that the website www.audleyshoes.com is the property of:
Owner: YUM SPAIN CORPORATE, S.LTax number: B-84009661Address: c/ Alemania, 87 – 03600 ELDA (Alicante).
The company is registered in the Madrid Register of Companies (entry 1/1431/660 sheet 97 F.P.31/05/2004 prot.2004/1340/N/26/05/2004). The company, through its website www.audleyshoes.com, offers the articles in its product catalogue solely and exclusively to consumers and/or end users who, for legal purposes, are considered to be natural persons who purchase, use, or enjoy these goods or products as the final recipients for purposes other than those of company, commercial or professional activities (Spanish General Law on the Defence of Consumers and Users). Furthermore, YUM SPAIN CORPORATE, S.L . reserves the right to update and/or modify specific products on offer, as well as the product range that appears on its website. To this end, it may change or update prices, products, special offers, commercial conditions, service conditions etc. At no time will these modifications affect completed purchases or, if applicable, delivery times.
DATA PROTECTION
Transactions security
Transactions at the website www.audleyshoes.com are made using secure payment platforms, hosted in secure servers which use SSL standards to protect information from intrusion by third parties.
Treatment of information
The information and personal data provided by our clients are treated in accordance with Organic Law 15/1999, of 13 December, on the Protection of Personal Data. YUM SPAIN CORPORATE S.L. is responsible for ensuring that this information is used correctly, and hereby informs its clients that they are entitled to access, rectify, cancel and challenge the information. Anyone wishing to exercise this right should write to the address given below, or send an email to: costumerservice@audleyshoes.com:
YUM SPAIN CORPORATE, S.LAddress: c/ Alemania, 87 – 03600 ELDA (Alicante).
GENERAL CONDITIONS OF CONTRACT FOR PURCHASE
The General Conditions solely and exclusively regulate the purchase of products offered by YUM SPAIN CORPORATE, S.L. at its website www.audleyshoes.com Information on the website owner is given in the Legal Notice at this website, in accordance with the provisions of Article 10 of the Spanish Information Society and Electronic Commerce Services Act.
The products that appear in this website are designed for private consumers, which means that purchases are subject to the conditions in this contract of sale. The contract of sale is completed when you have expressly confirmed your order, and to do this you must have accepted the General Conditions beforehand. YUM SPAIN CORPORATE S.L. therefore recommends that you carefully read the Legal Notice, the General Conditions, and the product information sheet with the specifications, price, and shipping method, before you confirm the order and therefore complete the contract. The contract is regulated by the legal framework established by the Civil Code, the General Contracting Conditions Act 7/1998, and the Law 7/1996 regulating the Retail Trade, by virtue of which consumers are entitled to all the guarantees established for their protection in Law 26/1984 on the Defence of Consumers and Users, and Law 23/2003 on the Sale of Consumer Goods and Guarantees.
Moreover, this contract is regulated by the general framework established for electronic commerce by the Spanish Information Society and Electronic Commerce Services Act 34/2002. All the information provided by clients during the purchasing process will be treated in accordance with Organic Law 15/1999 on the Protection of Personal Data.
The contract is executed after the vendor has been identified, and the articles to be purchased in the catalogue in force on the website have been chosen, using the specifications and price information given in the product information sheets. The contract is entered into in accordance with the following conditions:
One: Methods of payment
This contract is completed when the purchaser accepts the contract, and from then on the vendor is obligated to deliver the goods, and the purchaser is obligated to pay the sale price.
The complete payment of the price of the products, which appears in the product information sheet, will be made using the following methods:
➢Payment by credit or debit card. You can pay by credit or debit card, and the payment will be confirmed when you place the order. The payment order will be transferred to the bank SABADELL, which provides the remote electronic payment services, without third parties having any access whatsoever. Credit card details will be entered directly into the bank’s secure website, and none of the information is recorded by our servers.
Two: Right to cancellation
Under Article 44 of the Law regulating the Retail Trade, purchasers may cancel a contract within seven days of receiving the articles. The purchaser should inform the vendor of their decision to cancel the contract, and return the merchandise to the vendor in the same condition that it was received. The vendor should refund the sale price to the purchaser as soon as possible. Orders may not be cancelled, or goods returned, after the stipulated time periods have expired.
The purchaser should inform the vendor of the cancellation by sending an email to customerservice@audley.es within the seven-day period given above.
Three: Transport and delivery
1. Shipping costs
The costs of shipping the merchandise will be paid by YUM SPAIN CORPORATE
S.L.
If the merchandise is returned, under article 44 of the Law regulating the RetailTrade, the shipping costs will be paid by the client. However first return cost willbe paid for YUM SPAIN CORPORATE, S.L.
2. Delivery times
Delivery times are given in calendar days, starting from the confirmation of reception of the bank transfer. Delivery times may vary depending on the products, and the provinces they are to be delivered to.
Average delivery times are as follows:
Spain:
• UPS Normal Service: 24-48 hours.
Europe:
• UPS Express Service: 24-48 hours.
Delivery times will be extended if there are public holidays.
In cases when the volume of an order results in a reduction of available stock, or the product becoming out of stock, the client will be informed of the new delivery time, which will be within a short a period of time as possible. If the product has been removed from the catalogue, or it is not possible to restock the product, the client will be informed so that they can either choose a new product with similar specifications and price, or cancel the order, in which case any payments made will be refunded. If there is an unjustified delay of more than 20 days after the scheduled delivery date, the client is entitled to terminate the contract, cancel the order, and receive a refund for any payments made. Delays attributable to actions taken by the client of their own free will, or to the impossibility of locating or contacting the client with the information they had provided, will not be considered a failure to comply with delivery times.
3. Transport
Goods are shipped daily from Monday to Friday, in the mornings and afternoons. We will always confirm the address and delivery time with you before shipping, and you have the option of choosing a convenient date and delivery time. In this case, any liability for a delay in delivery will be attributable to you, the client, and in no way will YUM SPAIN CORPORATE S.L.. be liable.
When the goods are delivered you will receive the corresponding delivery note, and a copy of the invoice. The original invoice will also be sent to the email address that you provided. If you do not receive the original invoice, you can request it by sending an email to customerservice@audley.es, which should include the name of the person being billed, the order number, and the email address where you want the original invoice to be sent.
YUM SPAIN CORPORATE S.L.. ships all orders using UPS, an express delivery company.
4. Warranties
In compliance with the Law 23/2003 on the Sale of Consumer Goods and Guarantees, YUM SPAIN CORPORATE S.L.. provides a general warranty for all the products that are the subject-matter of this contract against manufacturing defects, and non-compliance with product specifications, from the date of reception of the merchandise. In this case, the client is entitled to a free replacement of the product, or to cancel the contract. In order to claim the warranty, the client should contact. YUM SPAIN CORPORATE S.L. by sending an email to customerservice@audley.es.
5. Notices
The parties of this contract agree that the mailing address of YUM SPAIN CORPORATE S.L., for the purposes of any notices to be given with regard to this contract, is the address that is given in these General Conditions. The mailing address of the client will be the address given by the client in the purchase form. In the event of a dispute or breach of contract, the parties undertake to submit to the jurisdiction of the courts of Alicante, waiving any other jurisdiction that could correspond to them.
2 Price policy
YUM SPAIN CORPORATE, S.L reserves the right to modify the price of the products and services offered on the website www.shoespanish.com. In order to ensure that clients are informed of the correct product price at all times, the prevailing price will be the price that appears in the advertising at the time of placing the order.
PRIVACY POLICY
Right to information
Under Organic Law 15/1999, of 13 December, on the Protection of Personal Data (hereinafter referred to as the LOPD), YUM SPAIN CORPORATE, S.L owner of the website www.audleyshoes.com, hereby informs users and clients of the existence of an automated personal data file which is subject to the provisions regulating security contained in said Law.
Purpose
The information obtained from clients and users from the forms designed for this purpose is collected with the sole purpose of providing the service required, namely, the sale of footwear. It may also be used to send information to clients and users which, on the basis of the information in the forms, we believe could be of interest to them.
Consent
Filling out and sending the forms with your personal information means that you, the user, accept and expressly consent to how YUM SPAIN CORPORATE, S.L. treats such information. Said treatment will always comply with the framework established by the LOPD.
Right of users to access, rectify, challenge and cancel the information
Users are entitled to access, rectify, challenge and cancel their information in accordance with the terms and conditions given in the LOPD.
Users wishing to exercise the above right should either write to the address given below, or send an email to customerservice@audley.es.
YUM SPAIN CORPORATE S.L.. c/ Alemania, 87 – 03600 ELDA (Alicante).
Security
Transactions at the website www.audleyshoes.com are using secure payment platforms, hosted in secure servers which use SSL standards to protect information from intrusion by third parties.YUM SPAIN CORPORATE S.L. also guarantees that the personal data provided by its clients is protected by the security measures contained in Royal Decree 994/1999 of June 11, on Security Measures for Computer Files which contain Personal Data. YUM SPAIN CORPORATE S.L. hereby informs its clients that it has the technical resources required to prevent the loss, malicious use, illegal alteration, unauthorised access to, and theft of data, without prejudice to the fact that security measures on the Internet are not invulnerable.
Modification of the Privacy Policy and General Conditions
YUM SPAIN CORPORATE S.L reserves the right to modify and/or update the Privacy Policy and General Conditions for the website www.audleyshoes.com in order to adapt them to new legal regulations and jurisprudence, as well as to new market and industry information. In this case, YUM SPAIN CORPORATE S.L. undertakes to inform its clients of the modifications and/or updates.
Intellectual property
The content of the website www.audleyshoes.com is defined as all the designs, photographs, image rights, graphics, audio, videos, text, registered trademarks, and intellectual and material rights included in said site, as well as the software, the online shop application, and the site’s HTML codes. All of this content is the property of YUM SPAIN CORPORATE S.L, and is protected by Spanish intellectual property protection regulations. The website content may only be used by clients if they have been expressly authorised by. YUM SPAIN CORPORATE S.L, and any reproduction of the content is forbidden, and may result in serious legal consequences. It is against the law to copy, modify, distribute, transmit, reproduce, publish or commercially exploit the content, software, products, or services provided by YUM SPAIN CORPORATE S.L. at its website www.audleyshoes.com, or to reproduce or copy the website content in servers that are not used by YUM SPAIN CORPORATE S.L. It is also against the law to make a profit from the website www.audleyshoes.com by publishing it in any media that is not directly and personally contracted and/or run by YUM SPAIN CORPORATE S.L.
Use of the website
You may browse the web content, products on offer, reviewtheir specifications, and navigate the website freely in order to purchase products.Navigating and browsing are a fundamental part of the purchasing process, andalso an integral part of the website.Security. YUM SPAIN CORPORATE S.L guarantees that its servers and the contentof www.audleyshoes.com are secure and virus-free.
Legislation and competent jurisdiction
Legislation and competent jurisdiction. YUM SPAIN CORPORATE S.L and its website www.audleyshoes.com submit to Spanish legislation and regulations for all purposes. The competent jurisdiction shall be the courts of Alicante, provided that there is no legal impediment to the contrary.