Terms of use
1. INTRODUCTION
This document (together with the documents referred to herein) contains the Terms and Conditions governing the use of this website (www.casasclub.com) and the purchase of products on this website (hereinafter referred to as the Terms and Conditions).
These Terms set out the rights and obligations of all users (hereinafter referred to as You / Your) and CASAS (hereinafter referred to as We / Us / Our / the Seller) in relation to the products/services we offer through this website or any other website to which we may link (hereinafter collectively referred to as the "CASAS Services").
Please read these Terms and Conditions carefully, as well as our Privacy Policy. If you do not agree to all of the Terms and Policies you should not use this website because by using or placing any order through this website you agree to be bound by these Terms and Policies.
The Terms may change from time to time and you should check these Terms from time to time as the Terms in force at the time you place your order or, in the absence of an order, at the time you use the Website will apply.
If you have any questions regarding the Conditions or Policies of www.casasclub.com you can contact us through our contact form.
The contract can be formalised, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DETAILS
The sale of articles through this website is carried out under the name CASAS by Calzados Lamolla S.A., a Spanish company, with tax identification number A-08626939 and registered office at Carrer Sant Pere 24; registered in the Companies Register of Barcelona, volume 4331, book 3665, folio 103, page number 46978, Section 2, Entry 1.
3. YOUR DATA
The personal data and information provided by you will be treated in accordance with the provisions of our Data Protection Policy. By using this website you consent to the processing of this information and declare that all the data you provide is true and accurate.
4. HOW THE CONTRACT IS CONCLUDED
This information and the details contained in this website do not constitute an offer to sell, but an invitation to do business. No other contract shall exist between You and Us in relation to any product until Your order has been expressly accepted by Us. If Your offer is not accepted and a charge has been made to Your account, the amount of the charge will be refunded in full.
5. USE OF OUR WEBSITE - www.casasclub.com
These Terms and Conditions are the only terms and conditions applicable to the use of this website and supersede all other terms and conditions, except with the express prior written consent of the Seller. These Terms are important to both You and Us as they are designed to create a legally binding agreement between Us protecting Your rights as a customer and Our rights as a business.
By using this website and placing an order through this website you agree to:
1) To make use of this website to make legally valid enquiries or orders.
2) Not to place any speculative, false or fraudulent orders. If there are reasonable grounds to believe that such an order has been placed, we shall be entitled to cancel the order and inform the relevant authorities.
3) To provide us with true and correct email address, postal address and/or other contact details.
4) Consent that we may use this information to contact you if necessary (see Our Data Protection Policy).
If you do not provide us with all the necessary information, we will not be able to process your Order. By placing an order through this website, you warrant that you are over 18 years of age and have the legal capacity to enter into binding contracts.
6. AVAILABILITY OF THE SERVICE
The items offered through this website will be available only in Spain (except the Canary Islands and Ceuta and Melilla), Gibraltar, mainland Portugal and France.
7. HOW TO PLACE AN ORDER
To place an order you must choose the product and size in the product file and click on the Buy button. The shopping basket will appear. In this step you can continue adding more products (you will have to close the basket or click again on the web) or Finalise the Order. When Finalising the Order a summary of the order is displayed, at this step you can Continue Shopping, Enter Discount Code - if any available - and Finalise the Purchase.
To Finalise the Purchase Log in if you already have a CASAS account, Create a new Account or make the Purchase as a Guest - remember that this last option does not allow you to have a history of your orders nor the rest of the advantages that having an account has associated with it.
Complete the process by writing down all the required information and following the necessary steps to access the payment gateway. Once payment has been made, you will receive an e-mail confirming receipt of your order (Order Confirmation). Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to acceptance by Us and We will confirm such acceptance by sending You an email confirming that the product is being dispatched (Dispatch Confirmation).
8. AVAILABILITY OF PRODUCTS
All product orders are subject to product availability and, in that regard, if there are any difficulties in supply, either due to stock or due to failed quality controls, we reserve the right to reimburse you for any amount you may have paid.
9. REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and/or to remove or modify any material or content of this website. Although we will do our best to always process all orders, there may be exceptional circumstances which require us to refuse to process any order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.
We will not be liable to you or to any third party for removing any product from this website (whether or not that product has been sold), removing or modifying any material or content on this website, or for refusing to process an order once we have sent you the Order Confirmation.
10. RIGHT TO WITHDRAW FROM THE PURCHASE
Returns in exercise of the right to withdraw from the purchase provided for in Book Two, Title I, Chapter II of RDL 1/2007 of 16 November.
You have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period expires 14 calendar days after the day on which you or a third party indicated by you - other than the carrier - acquires full physical possession of the order.
In order to exercise the right of withdrawal, you must notify CASAS of your decision to withdraw from the Contract by sending an unequivocal statement to shop.online@casasclub.com. You can use the model withdrawal form that you can download at the following link: withdrawal form.pdf.
In the event of withdrawal on your part, we will refund all payments received from you, including delivery charges if any, no later than 14 calendar days from the date on which we are informed of your decision to withdraw.
If you wish to withdraw from the contract within the
period specified in the first paragraph, you must return the goods to
us. In order to comply with the withdrawal period, it is sufficient that
the communication concerning your exercise of this right is sent before
the expiry of the withdrawal period.
You must bear the direct cost
of returning the order; this amount will be deducted from the refund if
we have to organise the collection of the goods. If you make the
arrangements, you must inform us of everything necessary to receive the
package and pay the costs of this shipment.
After examining the item, we will inform you whether you are entitled to a refund. The refund will be made as soon as possible and, in any case, within 14 days from the date on which you notified us of your intention to cancel. The refund will be made by the same means of payment that was used to pay for the order. The exchange or refund will proceed for those products that are returned without having been used beyond the mere opening of the product, nor have suffered any damage.
You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you have any questions, you can contact us by sending an email to shop.online@casasclub.com.
This provision does not affect the rights recognised to the consumer by the legislation in force.
11. DELIVERY
Without prejudice to the provisions of clauses 9 and 10 above and unless extraordinary or unforeseen circumstances occur, we will send you the order consisting of the product(s) listed in each Dispatch Confirmation within the period indicated on the website, according to the method selected and, in any case, within a maximum period of 30 days from the date of Order Confirmation.
The delay may be due to the following reasons:
1) Product customisation
2) Specialised items
3) Unforeseen circumstances
4) Delivery area
If for any reason it is impossible for us to meet the delivery date, we will inform you of this circumstance and give you the option of either proceeding with the purchase, setting a new delivery date, or cancelling the order with a full refund of the price paid. Please note, however, that we do not deliver on Saturdays and Sundays.
For the purposes of these Conditions, delivery shall be deemed to have taken place or the product(s) to have been delivered at the time when you or a third party indicated by you acquires material possession of the product(s), which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
12. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver after two or more attempts, your order will be returned to our warehouses. An attempt will be made to leave a note explaining where your order is and how to collect it or have it resent to you. If you will not be at the place of delivery, please contact the carrier to arrange delivery on another day.
If 30 days have elapsed since your order is available for delivery and it has not been delivered for reasons for which we are not responsible, your wish to withdraw from the contract will be understood and the contract will be deemed to be terminated. Consequently, the payments received by you will be refunded, in any case, within a maximum period of 15 days from the date on which the contract binding us can be considered to be terminated. Please note that transport resulting from the termination of the contract may incur additional costs and we shall be entitled to charge you for these costs.
13. TRANSFER OF RISK AND OWNERSHIP
The risks of the goods shall pass to you upon delivery. You will acquire ownership of the goods when we receive payment in full of all sums due in respect of the goods, including delivery charges, or at the time of delivery (as defined in clause 11), whichever is the later.
14. VALUE ADDED TAX
All purchases made through the website shall be subject to Value Added Tax (VAT) or any other tax that may replace it, at the rate applicable in accordance with the legislation in force at any given time.
15. PRICE
The prices set out on this website include VAT but exclude any shipping costs that may arise, these are added to the total amount due as set out in our Buying Guide / FAQ's.
The price of the products will be as stated on our website at all times, except in the case of obvious error. Whilst we try to ensure that all prices shown on the site are correct, errors may occur. If there is an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and any monies paid will be refunded in full.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
16. PAYMENT
Once you have added all the items you wish to purchase to the basket and clicked on Finalise Order, you will first access the Summary of your Purchase, then the Personal Details screen and finally the Payment and Delivery screen. In this last screen you must select the payment method you prefer, depending on each one you will access the corresponding screen to continue with the payment (PayPal, Bizum, Credit or Debit Card or SeQura's own methods). Follow the instructions that each payment gateway indicates.
If you choose a credit card, you can pay with Visa, Mastercard and American Express cards. To minimise the risk of unauthorised access, your credit card details will be encrypted. By clicking on "Authorise Payment" you are confirming that the credit card is yours. Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.
17. RETURN/EXCHANGE POLICY
In addition to the legally recognised right of withdrawal for consumers and users, CASAS grants a period of 30 days from the date of dispatch of the purchase confirmation email.
Returns can be made at any CASAS and UCASAS shop or via a courier that we will send to your home address.
After examining the article - either in the shop where the return is made or in our warehouses, if it is returned to your home address - we will inform you if you are entitled to a refund of the amounts paid. All refunds are made using the same method of payment with which the order was placed and the refund periods may vary depending on the type of return and/or the type of payment made:
a) Returns in CASAS shops
You can return the products in any of our shops. In this case, you must go to any of these shops and present, together with the item to be returned, the PDF document that you received when you placed the order with the barcode of the transaction (either printed or on any mobile device). You can retrieve it in the email justifying the purchase or in the MY ACCOUNT section. If you made the purchase as a guest, you will only find it in the email justifying the purchase. The in-store refund is made immediately if the payment was made with a physical card. You must present the card with the same cardholder as the order to be returned. For all other payment methods - electronic or virtual cards, PayPal, Sequra and Bizum - the refund is made within a maximum of 3 working days from the time the items to be returned are delivered to the shop.
b) Returns by courier
You must request a return via the CASAS Returns Portal (you can follow these instructions). We do not accept exchanges via courier, only returns. To make an exchange at home you must proceed to a return and a new purchase. The payment of the amount will be made once the pair has been delivered to our warehouses and its condition has been checked. Once the return has been accepted, the refund will be made according to the method of payment used within a maximum period of 3 working days.
c) Exchanges are only available in CASAS physical shops.
In any of our physical shops you can also request an exchange of size, colour and/or model, always respecting the amounts established for each product. The difference will be paid for an exchange of a higher amount, the difference will be paid for an exchange of a lower amount. You must present the PDF document that you received when placing the order with the barcode of the transaction (either printed or on any mobile device).
DISCLAIMER: The exchange or refund will only apply to those products that are returned without having been used or having suffered any damage, beyond the mere opening of the product. Remember that the shipping costs consumed are not returned.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you have any questions, you can contact us by sending an email to shop.online@casasclub.com.
This provision does not affect the rights granted to the consumer by the legislation in force.
- Common provisions
Your right to withdraw from the contract, return or exchange a product purchased on www.casasclub.com applies only to products that are delivered in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the product, so you should be careful with the product(s) while they are in your possession. This provision does not affect the consumer's rights under current legislation.
- Return of defective products
In cases where you consider that at the time of delivery the product does not conform to the contract, you should contact us immediately by writing an email to shop.online@casasclub.com providing details of the product, as well as the damage it suffers and attaching clear photographs.
We will examine the case carefully and will inform you by e-mail within a reasonable period of time whether the product is to be returned or replaced. The return or replacement of the item, if applicable, will be made as soon as possible and in any event within 30 days from the date on which we send you an e-mail confirming the return or replacement of the non-conforming item.
The amounts paid for those products that are returned because of a defect or fault, where it actually exists, will be refunded in full, including the delivery costs incurred to deliver the item to you. The refund will be made in the same method of payment that was used to pay for the purchase.
The products we sell may often have the characteristics of the all-natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and colour, shall not be considered a defect or defect. On the contrary, they should be expected and appreciated. CASAS selects products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
In any case, the rights recognised by the legislation in force remain unaffected.
18. LIABILITY AND DISCLAIMER OF LIABILITY
Our liability in relation to any product purchased from our website shall be strictly limited to the purchase price of that product. Nothing in these Conditions of Purchase excludes or limits our liability in any way:
1) In the event of death or personal injury caused by our negligence; 2) In the event of fraud or fraudulent misrepresentation.
2) In the case of fraud or fraudulent misrepresentation
3) In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we will not accept any liability for consequential damages arising as a secondary effect of the principal loss or damage in any way, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to the following:
1) Loss of income or sales
2) Loss of business
(3) Loss of profits or loss of contracts
4) Loss of anticipated savings
5) Loss of data
6) Loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
All product descriptions, information and materials contained in this website are provided "as is" and without express or implied warranties of any kind, except as provided by law. In this sense, if you contract as a consumer and user, we are obliged to deliver items that are in conformity with the contract, being liable to you for any lack of conformity that exists at the time of delivery of the product. The products are deemed to be in conformity with the contract provided that:
1) Conform to the description given by us and possess the qualities which we have set out on this website.
2) are suitable for the uses for which products of the same type are normally intended, and
3) They are of a quality and performance that is reasonably to be expected of a product of the same type.
The products we sell may often exhibit the characteristics of the all-natural materials used in their manufacture. These characteristics, such as variation in grain, texture, knots and colour, shall not be considered a defect or defect. On the contrary, they should be expected and appreciated. CASAS selects products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
As far as possible as permitted by law, we exclude all warranties, except those warranties which cannot be legitimately excluded vis-à-vis consumers.
The provisions of this clause shall not affect your statutory rights as a consumer or your right to withdraw from the contract.
19. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy information about your order or contact details.
20. WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition shall not affect your statutory rights.
21. NOTICES
Notices from you should preferably be sent to us using our contact form.
In accordance with the provisions of clause 20 and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.
Notices will be deemed to have been received and properly given as soon as they are posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In order to prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and properly delivered to a post office or letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
22. LINKS ON OUR WEBSITE
Where our website contains links to other websites and materials from third parties, such links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability whatsoever for any loss or damage arising from their use.
23. HACKING AND OTHER COMPUTER MISUSE
You must not misuse this website by knowingly introducing into it any viruses of any kind or any other technologically harmful or deleterious programs or material. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database connected to our www.casasclub.com website. You agree not to attack this website in any way whatsoever.
Failure to comply with this clause may lead to the commission of infringements as defined by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them in order to discover the identity of the attacker. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorised to use our website.
We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer, computer equipment, data or materials on account of your use of this website or your downloading of any content from this website to which this website redirects.
24. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us and our respective successors, assigns and assignees.
You may not convey, assign, encumber or otherwise transfer a Contract or any of the rights or obligations under it to or for You without obtaining our prior written consent.
We may convey, assign, charge, encumber, sub-contract or otherwise transfer a contract or any of the rights or obligations arising thereunder to or for Us at any time during the term of the Contract. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect your statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties we may have given to you.
25. EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations under a contract which is caused by events beyond our reasonable control ("Force Majeure Event").
Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1) Strikes, lockouts or other industrial action.
2) Civil commotion, riot, invasion, terrorist attack or threat, war (whether declared or not) or threat or preparation for war.
3) Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.
4) Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
5) Impossibility of using public or private telecommunications systems.
(6) Acts, decrees, legislation, regulations or restrictions of other governments.
7) Strike, failure or accidents in maritime or river transport, postal or any other type of transport.
Our obligation to perform under any contract shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform our obligation for the duration of such period. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution whereby we can perform our obligations under the Contract notwithstanding the Force Majeure Event.
26. WAIVER
If, during the term of a Contract, we fail to insist upon strict performance of any of our obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies which we are entitled to exercise or enforce under the Contract or these Conditions, such failure shall not constitute a waiver of such rights or remedies or relieve you of such obligations.
Any waiver by us to require performance shall not constitute a waiver by us to require subsequent performance.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and communicated to you in writing in accordance with the Notice section (clause 21).
27. SEVERABILITY
If any of these Conditions or any provision of a contract is held to be invalid, illegal or unenforceable to any extent by any competent authority, it shall be severed from the remaining conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
28. COMPLETENESS OF CONTRACT
These Conditions and any document expressly referred to in these Conditions constitute the entire agreement between You and Us relating to the subject matter of the contract and supersede any prior covenant, agreement or promise agreed between You and Us orally or in writing.
You and We acknowledge that We and You have agreed to enter into this Agreement without relying on any representations or promises made by the other party or which could be inferred from any statements or writings in the negotiations between Us and You prior to this Agreement, except as expressly referred to in these Terms.
Neither You nor We shall have any remedy for any untrue statement made by the other party, whether oral or written, prior to the date of the contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with these Conditions.
29. OUR RIGHT TO MODIFY TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions at any time.
You will be bound by the policies and Terms in effect at the time you place each order, unless we are required by law or governmental action to make changes to such policies, Terms or privacy statement, in which case any such changes will also affect orders previously placed by you.
30. APPLICABLE LAW AND JURISDICTION
Contracts for the purchase of products through our website shall be governed by Spanish law.
Any dispute arising out of or in connection with such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
31. ALTERNATIVE DISPUTE RESOLUTION
As a consumer, if you have a complaint or claim, you can handle it directly with our Customer Service.
In addition, in the event that you have purchased an item online through our website, and you consider that your rights have been violated in any way, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, you are informed that you have the right to resort to an online alternative dispute resolution procedure in consumer matters.
You can manage it through this link: Online Dispute Resolution | European Commission (Europa.eu).
32. COMMENTS AND SUGGESTIONS
We welcome your comments and suggestions. Please send us such comments and suggestions via our contact form or by sending an email to shop.online@casasclub.com.
In addition, we have official complaint forms available for consumers and users, which can be requested through the channels specified above.
Last modified: February 2023
ANNEX
Download withdrawal form.
