These Terms and Conditons rule the access and use of the website www.bouttye.com (herein after, BOUTTYE) under ownership of SEGARRA Y MARCHANTE, S.L. (hereinafter acting on behalf of BOUTTYE), with CIF (VAT ID) ES-B42510644, and registered at Calle Palmerers, 24, 3ª planta, Puerta 5, 03203 Elche (Alicante), as well as the conditions for sale of products and services provided by BOUTTYE.
On 31/05/2017, registered in the Commercial Registry of Alicante as follows: Entry 1098 del Diario 325, inscription 1st on page A-155425, Section 162, volume 4041, General Section of Companies, on date 1 June 2017.
ACCEPTANCE OF TERMS AND CONDITIONS
The customer making a purchase at BOUTTYE accepts these terms and conditions in its entirety.
Access to our services, promotions and purchases can be made by all those individuals who are of legal age, with sufficient capacity to contract.
The data with which the customer is registered must be truthful and complete. BOUTTYE reserves the right to not to admit or to withdraw those customers who do not meet these requirements.
The successful conclusion of the online purchase process at BOUTTYE, includes checking the box for acceptance of our TERMS AND CONDITIONS OF SALE. This means that the user has read, knows and accepts those terms and conditions, included in this document.
The user must also take into account that some articles have specific conditions that are mentioned in the same article, so the acceptance of this document also implies that you have read, know and understand the data included in the tab of the article that you acquire . Later on, the same document mentions those conditions, which may vary according to the article, such as delivery times or exchange and return conditions.
BOUTTYE offers, through its website bouttye.com, the best selection of shoes, footwear and fashion accessories of all kinds (Bags, Belts, etc.), both made in Spain and/or imported.
All products have a detailed description, including the generic composition of the article, and if applicable the measures, sizes and colors available. All prices include VAT (21%). Items can be added directly to the shopping cart. The shipping costs are not included in the indicated price, but are calculated later, at the time of ordering.
BOUTTYE ensures that products are displayed and described as accurately as possible.
There may be the circumstance that the packaging of the item you receive does not match the one shown on the product sheet. Because there may be production runs with different wrappers, BOUTTYE does not undertake to specifically serve the photographed one.
It is possible that small color variations and other small variations of any type take place between the products and the pictures at BOUTTYE, due to the digitization of the image, the visualization technologies or to other technical reasons. BOUTTYE will not be responsible for these variations and deviations.
If there is an error or omission in the presentation and it is not attributable to the responsibility and / or will of BOUTTYE, it can decline any claim.
BOUTTYE products are organized into main categories. These can also have subcategories separating products by other criteria, such as measures, sizes, shapes, etc.
In addition there may be special categories such as LAST OFFERS and OUTLET that incorporate items with discount and/or in offer sale.
These categories are accessible through a MAIN MENU that appears at the top of all pages, and also on other parts of the page such as BANNERS and LINKS.
At the top, next to the main menu, BOUTTYE puts at your disposal a search engine that allows you to find articles by name and description (eg moccasins, shoe, red bag, etc).
Finally you can contact us through the form that appears in the CONTACT section at the bottom of the page, where we will be glad to attend any queries you need to ask.
SHOPPING AT BOUTTYE
BOUTTYE puts at your disposal your shopping cart.
In this case, you can start by selecting and adding to the shopping cart all the products that you want to acquire, to then be able to process the order. While visiting the portal you can check the link "Cart" located at the top right of any page.
By clicking on the link "Cart" or on the indication of the number of products selected, you will see a summary of the products you have selected and at any time you can update the cart, adding or eliminating products, as well as modifying quantities.
If you agree with your shopping cart you must click the "CHECKOUT" button for the next step.
At this moment you'll see a summary of your order and the total price of the same, in the absence of the shipping costs, which will be calculated later when you enter your shipping address. If you want to continue with the order you have to press the button "Go to CHECKOUT", where you have to register with the email to which you want to be notified of the acceptance of the order. You will have to fill in the necessary personal data to be able to manage the shipment of the requested order, information about the method and shipping costs, as well as selection of the means of payment. Once this is done, you will see a detail with the total price of your purchase (taxes and shipping costs included).
To finish and accept your order you must click the BUY NOW button, having previously marked the acceptance box of the TERMS AND CONDITIONS.
In case you have selected as payment method Paypal or payment by credit card, you will directly access a payment gateway with PayPal or ING BANK where you must enter your PayPal account or credit / debit card details. This data will travel in a secure way and through encryption protocols that prevent the capture of the same by third parties. In no case will your bank details be stored on BOUTTYE servers and databases.
Once BOUTTYE receives your order, we will send you an email in which we will confirm the receipt of the same, the purchase request made and we will indicate the final price of the order (indicating the shipping costs, taxes, etc.). THIS EMAIL IS JUST FOR YOUR INFORMATIONA AND YOUR REFERENCE.
At order confirmation, we will provide you with an order number, which you must keep in order to proceed to the payment of the same in the case of choosing as payment method bank transfer.
The order by bank transfer will be processed once we have recorded the payment, either because the amount is paid in our bank, or because you advance the proof of payment. If you want to expedite the processing of your order, it is convenient that you send us the proof of payment to the address info (at) bouttye.com.
BOUTTYE puts at your disposal several methods of payment that you can choose freely:
PAYMENT BY BANK WIRE/TRANSFER.
Bank transfer is one of the most accepted methods of payment among consumers, since the user is the only one who has control over the disposition of their account. For this reason, in BOUTTYE we offer you the possibility of paying your purchases through a bank transfer that you can make through the Internet or in a bank branch.
The account to which you can make the transfer will appear when you confirm the order and will be sent by email in the order confirmation email.
In the transfer concept you must indicate the order number that we sent to you previously by email.
Once the transfer is done and received by BOUTTYE, the order will be sent to the address you have indicated.
PAYMENT BY CREDIT / DEBIT CARD.
BOUTTYE has established a payment gateway with Paypal and ING Bank. The payment through credit or debit card is made through a secure connection, transmitting the bank data directly and securely through the Paypal or ING platform, in such a way that BOUTTYE does not have access to it nor it stores it.
PAYMENT BY PAYPAL.
BOUTTYE accepts payment for its products through the most well-known payment system on the internet, PAYPAL.
PAYMENT BY CASH ON DELIVERY.
BOUTTYE ships by cash on delivery in PENINSULAR SPAIN and PENINSULAR PORTUGAL, payable at the moment of receiving the product. This means of payment carries a small "cash-taking" expense that will appear calculated and specified in the expenses when making the order.
PRODUCT SHIPPING AND DELIVERY.
Shipments are usually made within 1-2 business days from the order receival and confirmation, unless otherwise specified on the product sheet. Craft products, handmade, or customised orders, can have a longer lead time. If the time of departure exceeds that indicated, BOUTTYE will contact you to notify you.
The order delivery time may vary according to each supplier and the type of article requested. The term is calculated from the moment of acceptance of the order and the receipt of the payment.
Shipments are made by urgent shipping agencies and postal services, indicating this clearly before confirming the order.
In the event that there is any delay in these terms for any reason beyond the will of BOUTTYE, BOUTTYE will contact you, within the indicated delivery period to inform you of the situation and the new deadlines, offering to the customer the possibility to cancel your order if you wish.
Below is a table with transit times and shipping costs to different countries:
|COUNTRY||DELIVERY TIME||SHIPPING COST (without VAT tax)|
|Peninsular Spain and Portugal||1 to 2 working days||0,00 €|
|Balearic Islands (Spain)||1 to 2 working days||7,00 € - 17,00 €|
|Germany||2 to 4 working days||8,59 €|
|Austria||2 to 4 working days||11,82 €|
|Belgium, Netherlands||2 to 3 working days||10,80 €|
|France||2 to 4 working days||11,24 €|
|United Kingdom, Ireland||2 to 4 working days||12,93 €|
|Italy||2 to 4 working days||9,46 €|
|Switzerland||3 to 4 working days||30,01 €|
|Denmark, Finland, Slovakia Slovenia, Greece, Lithuania, Luxembourg, Monaco, Norway, San Marino, Sweden, Vaticano||8 to 10 working days||33,61 €|
|Estonia, Hungary, Latvia, Liechtenstein, Poland, Czech Republic||8 to 10 working days||37,82 €|
|Iceland||8 to 10 working days||38,61 €|
|USA||8 to 10 working days||37,35 - 62,95 €|
Please note, you have to count only working days, excluding weekends and holidays.
All transactions made through the BOUTTYE website are made using an SSL data encryption protocol, as well as the online payment gateway facilitated by Paypal. Through these systems, your data will be encrypted and sent securely directly to the bank, not leaving your bank details stored on BOUTTYE servers.
ACCESS TO USER DATA. PASSWORD USAGE.
You can place orders on BOUTTYE by registering your data or as a guest.
The user registration is done through the form created for this purpose. In this form you will also asked to enter a password, at your choice, so later you can access your data, the status of your order, make other orders without having to re-enter your data, etc.
The password will be personal and non-transferable. We recommend that you do not communicate the same to third parties. In case you have forgotten your password, you can send us an email with your username, and we will send you a new one.
CLAIMS AND RETURNS POLICY
As established by current legislation (Law 7/1996, dated January 15, on Retail Merchandise Management), you may return orders placed in accordance with the following returns, cancellations and changes policy.
CONSUMER GOODS GUARANTEE
If the product proves to be defective, the customer may exercise his right to demand from BOUTTYE, as the case may be, replacement, repair, price reduction or termination of contract with the consequent refund of the total price of the item and shipping costs. These steps will be free for the client. The consumer and user shall inform BOUTTYE of the non-conformity of a defective item, within two months of becoming aware of it.
PRODUCT CONDITIONS / STATUS
In order for the return to be accepted by Bouttye, the following requirements must be met:
In the event of breach of any of the above requirements, we will understand that the product has suffered a depreciation for the following items:
Orders that have benefited from a purchase promotion as now 2x1, or a gift item, must be returned in full to receive the refund. If only a part of the articles is returned and not the complete package, the price of the articles kept by the customer will be recalculated at their price without promotion, and only the balance will be refunded.
Once a return is refused by Bouttye, the customer will have 3 months to pick up and / or withdraw his order from our facilities, paying the collection costs. If in 3 months it has not been collected, the package will be sent to charity.
BOUTTYE informs you that you can exercise your WITHDRAWAL RIGHT, under which the customer can return any item received, within 365 natural days after receipt, without the need to justify the decision and without penalty of any kind.
In peninsular Spain and Portugal the return shipping cost will be free for the client. BOUTTYE we'll agree the time and day for a pick-up, and will send their forwarder to pick up the goods for free.
In other countries and areas, the customer will only have to pay the shipping costs caused by item return, being fully refunding the total amount corresponding to the price paid for the item.
To make a return, you have two options: Fill in our Withdrawal Form or follow the following instructions:
Palmerers, Nº 24, 3-5
03203 Elche (Alicante)
For further information you can send an email to email@example.com with any question you may have.
TO CHANGE AN ARTICLE (ONLY SIZE CHANGE)
TO WHICH COUNTRIES DOES BOUTTYE SHIP TO
BOUTTYE can ship to any country worlwide, both DDP and DDU.
DDP (DeliveryDutyPaid) means that all customs fees and local sales taxes are calculated and included in the purchase price. We send DDP basically to any country within the European Union, with the exception of those with special custom conditions (i. ex. Canary Islands)
DDU (DeliveryDutyUnpaid) means that you will have to pay any local sales tax or import taxes once you receive your order. It is understood in any case that the customer knows such customs policies.
In no case shall BOUTTYE be responsible for the customs costs passed on for delivery of the article in countries with DDU policies.
Free shipping, free changes and returns (only peninsular Spain and Portugal).
BOUTTYE gives away your shipping cost! (Only Peninsular Spain and Portugal).
For other zones and countries, shipping mode and costs will appear in the calculation of your order once you enter your data, always before confirming your order.
In any case, the gratuity of these shipping services is a courtesy of BOUTTYE and is subject to changes without prior notice, or to special or temporary promotions.
The customer will always see the exact shipping cost before confirming his order, being able to decide at that moment whether or not he wishes to place the order.
Changes and returns shipping cost for zones and countries other than peninsular Spain and Portugal.
For other zones and countries, shipping mode and costs will appear in the calculation of your order once you enter your data, always before confirming your order. Changes and returns from countries other than Spain and Portugal, has a small cost for the new shipment.
SHIPMENTS: For shipments to other countries, you will see the exact shipping costs on the cart just before you pay. They are made through express courier with delivery at your home.
CHANGES and RETURNS: In countries or areas other than peninsular Spain and Portugal, you will have to pay the return shipping cost, and a "go and return" shipping cost in the case of changes. If the size does not suit you or you don't like the item and you want to change it or return it, just ask for it through our CHANGES AND RETURNS page.
Exceptionally and due to the changing market may occur that the product you have purchased is not available at the time of receipt of the order.
BOUTTYE will always inform you of the availability or not of said article and will refund the money in case it is not available.
BOUTTYE is committed to give your order as swiftly as possible to the selected transport agency. Nevertheless, BOUTTYE cannot be held responsible for: damages resulting from a transport malfunctioning, especially for reasons such as industrial actions, traffic congestion and in general any other reason typical of the sector that derivate in delays, loss or theft of the chosen product. For technical failure, that for accidental causes or any other kind may prevent the normal functioning of the service through internet. For lack of availability of the site for maintenance reasons or other that prevent the user to access the service. BOUTTYE will use all available means to provide the process of selection, payment and shipment of the desired product. Nevertheless BOUTTYE declines any responsibility for third party causes, fortuitous circumstances and force majeure situations.
- Website usage
By accessing BOUTTYE you can also access texts, images, graphics, drawings, codes, software, photographs, music, videos, sounds, databases, images, expressions and information (hereinafter "Contents") belonging to BOUTTYE or to third parties, to which the User may have access.
The access, browsing and use of BOUTTYE is the responsibility of the User. This responsibility extends to the register that, if necessary, to access the contents or services provided by BOUTTYE.
We also request to you as a user, to communicate to BOUTTYE any fact that comes to your knowledge, which supposes a conduct contrary to law or violates rights of any third party through the tools of BOUTTYE.
The User agrees to use the Contents and services offered through BOUTTYE in a diligent, correct and lawful manner and, by way of enunciation but not limitation, undertakes to refrain from:
- Processing of personal data and purpose of treatment.
In accordance with Organic Law 15/1999, of 13 December, on the Protection of Personal Data (herein after LOPD) and it implementing regulations, BOUTTYE informs the user who procides personal data through the site www.bouttye.com, of the existence of an automated personal data file, duly registered in the General Register of the Spanish Agency for Data Protection, created by BOUTTYE and under its responsibility.
Your personal data collected by BOUTTYE may be used for the following purposes:
(A) The provision of electronic commerce services carried out through the website.
(B) To provide the user with information requested by the user.
(C) To send information about BOUTTYE'S own activities.
Your personal data will be used for:-
To inform you about products or offers that my interest you.
- To send you newsletters, commercial communications and promotions related to the services carried out by BOUTTYE by phone, email, SMS/MMS, ot other equivalent electronic communication means.
This is in accordance with the provisions of the LOPD, Law 34/2002 of July 11, on Services of the Information and Electronic Commerce Society (herein after LSSI) and Law 09/2014, of May 9, on Telecommunications (herein after LGT).
- Mandatory or optional nature of the information provided by the user, and veracity of the data.
The user guarantees that the personal data provided is truthful and is responsible of communicating to BOUTTYE any changes on the same. The user will be responsible in any case of the veracity of the provided data, and BOUTTYE will have the right to exlclude from its services to any user that has provided false information, without prejudice of any other legal actions that proceed in Law.
- Not allowed practices
BOUTTYE will cancel the registration of users that:
(A) Include or promote illicit, immoral, obscene or harmful material.
(B) Promote any type of discrimination.
(C) Forward bulk mail, junk mail, fraudulent orders, spam e-mails or unsolicited newsgroup communications
(D) Breach any intellectual or industrial property rights on third parties.
Likewise, the user is obliged to refrain from using and collecting data from distribution lists that can be accessed through the information and services contained in the website for carrying activities for promotional or advertising purposes, as well as from sending unsolicited commercial communications of any kind and by any means, unless previously consented by BOUTTYE and/or the website users.
- Rights of Access, Rectification, Cancelation and Opposition.
We inform you that you can exercise your rights of Access, Rectification, Cancelation or Opposition by sending and email to the address: firstname.lastname@example.org or by letter sent to BOUTTYE, with registered office at Calle Palmerers 24, Planta 3, Puerta 5, 03203 Elche (Alicante). The request must contain the following information: Name and surname, address for the purposes of notifications, photocopy of the National Identity Document, and especific content of the right exercised.
- Security measures.
BOUTTYE keeps the security levels for personal data protection in accordance with the LOPD and the Royal Decree 1720/2007, of December 21, which approves the Regulation for development of the LOPD, and has established all the technical means at its disposal to prevent loss, misuse, alteration, unauthorized access, and theft of the data provided by the user through the Website, without prejudice of informing you that Internet security measures are not impregnable.
BOUTTYE undertakes to comply with the duty of secrecy and confidentiality regarding to the personal data contained in the automated file in accordance with the applicable legislation.
- Changes or modifications.
In case of controversy or conflict that may arise from the interpretation or fulfillment of the present Conditions of Purchase, it will be resolved by the judges and courts corresponding to the client / user's address..
These general conditions are ruled by the Spanish Law. The parties submit, at their discretion, for the resolution of conflicts and waiver of any other jurisdiction, to the courts and tribunals of the user's address.
Likewise, as an entity adhering to Confianza Online and in the terms of its Code of Ethics, in case of disputes regarding online advertising and contracting, data protection and minors protection, the user may resort to the extrajudicial dispute resolution system available at Confianza Online (www.confianzaonline.es)