GENERAL CONDITION OF SALES

La web www.ricardoandcaballero.com es utilizada por la sociedad Ricardo Caballero Shoes, S.L, que comercializa sus productos bajo la marca comercial Ricardo&Caballero, con identificación fiscal B54832514, inscrita en el registro Mercantil de Alicante, numero de inscripción 1, tomo 3826, folio 88, sección 1, hoja 143098. Con dominio social en la calle Antonio Sansano Franco nº4- Bajo 03204 Elche (Alicante).

Foreword

Ricardo&Caballero operates an e-commerce activity and offers an online product sales service on the website. www.ricardoandcaballero.com (hereinafter referred to as 'the Site') These Conditions of Sale (hereinafter referred to as "Conditions") are exclusively reserved for buyers acting as consumers, i.e. individuals acquiring products on the Site for purposes which are outside their trade, business, craft or profession. The online sale of products presented on the Site is reserved for adult buyers not subject to legal incapacity worldwide. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Conditions will result in an immediate termination of your Services.

SECTION 1 - DEFINITION

The terms used in the Conditions shall have the meaning given below:

• Buyer: Individual acquiring products through the Site for purposes which are outside their trade, business, craft or profession.
• Seller: RICARDO CABALLERO SHOES S.L, operating under the name RICARDO&CABALLERO, “con identificación fiscal lB54832514, inscrita en el registro Mercantil de Alicante, numero de inscripción 1, tomo 3826, folio 88, sección 1, hoja 143098. Con dominio social en la calle Antonio Sansano Franco nº4- Bajo 03204 Elche (Alicante)”.
• Email: info@ricardoandcaballero.com.
• Party/Parties: The Buyer and/or Seller.
• Site (website or internet Site): Internet site accessible at the address http://www.ricardoandcaballero.com on which the seller offers products for sale.
• Products: Goods and services offered for sale on the Site by the Seller.
• Order: Purchase order from the Buyer covering one or more product(s) offered for sale on the Site, and accepted by the Seller in accordance with these Conditions.
• Email: Computerised document that a user keys in, sends or refers to at a later time via a network.
• Internet: global network involving telecommunication resources and clients and server computers, for the exchange of electronic messages, multimedia information and files. It works by using a common protocol which allows step by step delivery of messages cut into independent packets

SECTION 2 - PURPOSE

The purpose of these Conditions is to define the rights and obligations of the Seller and the Buyer in the sale of Products proposed on the Site.

SECTION 3 - Scope of application - Modification of the conditions

The Conditions apply to all sales of Products by the Seller to the Buyer, through the Site. An Order will only be taken into account by the Seller after prior acceptance of the Conditions by the Buyer, which are available on the Site where they can be read, printed but also uploaded by the Buyer. The Seller reserves the right to modify at any time the Conditions, being specified that in the event of modification, those that have been accepted by the Buyer when ordering, will remain applicable to the relationship between the Parties. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Article 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Article 5 – MODIFICATIONS AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Article 6 - Product Characteristics

The essential characteristics of each product offered for sale on the Site appear on the product sheet accessible in the shop. These products are available within the limits of available stock and are subject to return or exchange only according to our Withdrawal & Refunds Policy. Photographic representations of products on the Site are exclusively for illustration purposes and are not contractual. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Article 7 - Order

7.1 - Prior acceptance of the conditions

The Buyer declares to have read the Conditions prior to placing its order and recognises that the validation of its Order implies acceptance of their terms.

7.2 - Period of validity of offers.

The offers presented by the Seller on the Site are valid as long as they are accessible on the Site.

7.3 - Ordering process.

The Buyer places its Order through the Site. During its first Order on the Site, the Buyer must open a “client account” from the Seller and, for this purpose, a form accessible from the site in the “Sign in - Create an account”. This form will especially include the information necessary to its identification. The information provided to the Seller must be accurate and complete. The Buyer is solely responsible for the accuracy of the information it communicates to the Seller during the creation of its account and the placing of its Orders, and the consequences arising therefrom (delay, failure or error of delivery, etc.). In case of error or inaccuracy of the information provided by the Buyer, all costs incurred by the Seller, especially for reshipping the Order, will be the sole responsibility of the Buyer. The Seller is committed to the confidentiality of the data transmitted by the Buyer. The Buyer undertakes, for its part, to keep such data strictly confidential and to never disclose the information to third parties. Accordingly, any use of the Site with the personal data of the Buyer will be deemed to be made by it. In case of theft or fraudulent use of such data, the Buyer undertakes to immediately notify RICARDO&CABALLERO. If the password is lost, the Buyer may obtain a new one by clicking on the link “Forgot your password?” on the Site. Once the account is created, the Buyer can select, on the Site, the Product(s) it wishes to acquire. These Products will be placed in a shopping “cart” that the Buyer may supplement or modify at its discretion until the confirmation of its Order. The contract of sale between the Seller and the Buyer is formed when the Buyer clicks on the button "Validate" when confirming its Order. Until this final step, the Buyer will have the possibility to return to the previous pages and to correct and modify its Order and the information provided previously.

7.4 - confirmation and survival of the order

A Confirmation Email acknowledging receipt of the Order and summarising it, will be then sent to the Buyer as soon as possible. The Buyer may, at any time, follow the progress of its Order under the "My account" section accessible on the Site.

7.5 - unavailability of the ordered product

In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to notify the Buyer by email as soon as it is aware of such unavailability. In this case, the Seller will offer the Buyer to provide it, in exchange for the Product ordered, a Product of equivalent quality and price.

Article 8 - Payment and Invoice

8.1 - Price

The Product prices shown on the pages of the Site are in euros and include all taxes, taking into account the VAT applicable on the day of the Order. These prices include delivery costs in Europe, for the rest of countries Ricardo&Caballero remain the responsibility of the Buyer and will be billed in addition to the price of the Product(s) ordered. The Seller reserves the right to modify the prices of the Products presented on the Site. However, the Products will be invoiced to the Buyer on the basis of the rates in force at the time of the validation of the order.

8.2 - Payment of the price

The payment of the price of the Order will be carried out, when ordering, by credit card. The payment order made by credit card cannot be cancelled. Therefore, the payment of the Order by the Buyer is irrevocable, without prejudice to the possibility for it to exercise its right of withdrawal and subsequent cancellation of the Order.

8.3 - Payment security

The Site possesses an efficient security system. The Seller has indeed adopted the SSL (Secure Socket Layer) encryption process which allows optimal protection of all sensitive data related to the means of payment. The Seller never has access to the banking information of the Buyer. This is why its contact details will be requested for each new Order. Only the Bank Sabadell platform payment have the confidential information required for the transaction and inaccessible to third parties. The Buyer can easily identify when the Site is in secure mode: a padlock appears at the bottom right of the screen and the URL is displayed in the form "https" and not "http" anymore.

8.4 - creation and transmission of invoices

The Proforma-Invoice is created on the date of shipment of the Order and is addressed to the Buyer at the same time as its Order. The “oder form” will also be available on the Site, in the your account section. If the Buyer needs the invoice, please contact with info@ricardoandcaballero.com.

Article 9 – transfer of ownership and risk

The transfer of product ownership to the buyer will be made when the seller receives full payment of the price. The Buyer is nevertheless responsible for any possible loss or destruction of the Product during the period elapsing between receipt of the Product and the date of the transfer of Product ownership. The breach, by the Buyer, of its payment obligation entitles the Seller to require the immediate return of the goods delivered at the Buyer’s expense and risk.

Article 10 - delivery

10.1 General information

The Seller reserves the faculty not to the deliver the products ordered by the Buyer until full payment of the price by the Buyer, being specified that the payment made by the Buyer will be considered as definitive after the Seller receives the amounts due.

10.2 - Terms and costs of delivery

The Product(s) ordered on the Site will be delivered to the address indicated by the Buyer in the form completed when ordering. The Seller cannot be held responsible for delays or delivery error due to an incorrectly entered address by the Buyer when placing its Order. Insofar as the Seller may not know in advance the amount of customs fees which the Buyer will have, where appropriate, to pay for the Products delivery outside metropolitan Spain, the Buyer is invited to inquire about the amount of customs fees that it will have to pay.

10.3 - Delivery times - delay

The Seller undertakes to deliver the Product subject to the Order in a period:

• of 23 working days, for Products customized by the Seller at the Buyer’s request (made to measure-Personalized);
• of 4 working days for all other Non-customizable Products available on the Site.

These times will begin only the day following validation of the Buyer’s Order and subject to full payment of the price. The Seller undertakes to make its best efforts to deliver Products ordered by Buyer within the above specified times. If the above delivery times are not met, the Customer will be able to terminate the contract, by registered letter with acknowledgement of receipt. In this case, the Seller will reimburse the Customer for all the amounts paid by it in respect of the Order, within a maximum period of 14 days of receipt of the registered letter by which the Customer will have notified its willingness to terminate the contract. If the Product is delivered after termination of the Order by the Customer, the refund will take place upon receipt by the Seller of the Product in its original state.

10.4 - Claims related to the delivery

The risks associated with transport are supported by the Seller, provided that the Buyer has inspected the Products at their reception in the presence of the carrier and has notified in writing on the travel voucher, where appropriate, specific reservations observed. The Buyer must refuse delivery if any goods are damaged, missing, or if the package has been opened or refurbished (except for passage through customs). In all cases, the Buyer will also have to inform the Seller of the anomaly found the same day or at the latest within a period of 3 days following receipt of its Order, by detailed email to the Seller at the following address: info@ricardoandcaballero.com. Claims of the Buyer shall include: the order number, contact details, product references and detailed reasons of its claim (which will be ideally accompanied by photographs). When the goods are accepted without reservations by the Buyer and/or when the Buyer does not submit any claim to the Seller within 3 days following the delivery, the goods are deemed arrived in good condition and in its entirety.

Article 11 - Intellectual property

All elements edited on the Site are protected by the provisions of the Spanish Intellectual Property Code and belong to the Seller. The Buyer is prohibited from infringing the intellectual property rights attached to these elements and, in particular, reproduce, represent, modifying, adapt, translate, extract and/or reuse a qualitatively or quantitatively substantial part of them, excluding acts necessary for their normal and consistent use. Any infringement of the Seller’s rights of intellectual property may give rise to legal proceedings.

Article 12 - Convention on evidence

It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions. Both Parties agree that the emails exchanged between the parties validly prove their discussion and, where appropriate, their commitments, notably as regards the transmission and acceptance of Orders.

Article 13 - partial invalidity

If one or more provisions of these Conditions are considered invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions will remain in full force.

Article 14 - applicable law

By express agreement between the parties, these Conditions are governed and subject to Spanish law.

Article 15 – disputes

The Parties agree that if disputes arise concerning the execution or interpretation of the Conditions, they will strive to find an amicable solution. If they fail to find an amicable resolution, the dispute will be brought before the competent courts.