Contract Conditions

These Conditions regulate the use of the online store https://www.tallsem.com/ , for which Encora Footwear, SL , hereinafter, is legally responsible. “Tallsem” . By accepting it, the User states that he or she has read, understands and understands what is stated here and that he or she assumes all of his or her obligations. If the User does not agree with the content of this document, they must leave this website, not being able to access or use the services it offers. Likewise, the User expressly accepts and without exceptions that access and use of this website, its services and the contents of said services takes place under his or her sole and exclusive responsibility.

These Conditions will be accepted by the parties without reservation, and may be modified at any time and without prior notice, and it is the User's responsibility to read them when making a purchase or contract. The conditions in force at the time of conclusion of the contract will be those that are applicable to it.

Applicable regulations

This electronic contract is concluded under Spanish regulations and specifically under the legal regime imposed by Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE) and by Law 03 /2014, March 27, General for the Defense of Consumers and Users (LGDCU). 

The electronic contract will not be archived by a third party and the language for its conclusion is Spanish. These general conditions may be stored and reproduced at any time by the user who makes a purchase through the options of their internet browser, and must be accepted before proceeding to pay for the order.

User Account and Bug Fixes

In order to make online purchases in this store, registration is required by creating a “User Account”. You can register at any time by clicking on the corresponding link, or during the purchase process. Once registered, you will receive an email confirming that the process has been completed successfully and a reminder of your access data.

From the account you can make purchases, check your order history, change your password, modify personal data, modify shipping and billing addresses, make comments, and other procedures or procedures related to your purchases.

Furthermore, at any time, you can access your private account to check personal information and addresses and, if necessary, correct any errors that may have existed when entering the data or update them. Shipping and billing addresses may also be corrected or updated throughout the purchasing process.

As a User, you can unsubscribe at any time by sending an email, from the address you wish to unsubscribe to, to the address info@tallsem.com , which will entail the cancellation of your personal data.

In any case, the creation and cancellation of a user account will be governed by the provisions of the Privacy Policy.

Purchasing process

Buying at “Tallsem” is easy and simple, you just have to follow the following steps:

1º.- Select the products you want to purchase from among those offered by “Tallsem”. By clicking on each product, you access its file, which includes a detailed description with information, main characteristics and price. If you need more information, do not hesitate to ask us. NOTE: In the case of product sheets with photographs, the products may suffer slight variations in color or texture with respect to the photograph that appears on the website, due to different factors, for example, the resolution of your monitor. However, we will do our best to ensure that the images are as faithful as possible to reality.

2nd.- Once you have selected the product(s) you wish to purchase, you must press the “Add to Cart” button, adding the product to your shopping cart. If you wish, you can continue adding more products to the cart, or proceed directly to payment.

3º.- Once the product selection has been completed, a summary will appear identifying the selected item(s). Finally, to continue with your order, you must press the button “I confirm my order”.

4º.- As we have indicated in previous sections, when completing your purchase, you must register, indicating your contact information and address. In your next purchases you will not have to enter your data again, as they will be stored in your User Account.

5º.- Finally, you must accept these Conditions of Sale and choose the payment method among those offered by “Tallsem” (see next section).

6º.- Once the purchase process is complete, we will send you an email detailing the purchase information, as well as proof of purchase or invoice in digital format. If you do not receive this email within 24 hours, or if you notice any errors in the data entered, please contact us by any of the following means:

• By calling +34 96 731 81 18
• Notifying it in the contact section of this website
• By writing to the email address info@tallsem.com

Likewise, if you want us to send you the invoice in paper, contact us and we will send it to you without any additional cost.

Payment Methods

“Tallsem” has various payment methods:

• Wire transfer
• PayPal

Below, we specify the conditions for each of these payment methods.

 

 

 Paypal 

Make the payment with your PayPal account. Through this payment method, “Tallsem” never collects or manipulates any bank information. All data is processed directly by Paypal, so that “Tallsem” can always offer the greatest transparency, security and confidentiality in the transaction.

Send conditions

Shipments will be made to:

• Peninsular Spain
• Balearic Islands
• Portugal
• France
• Germany

Shipping to Spain, Balearic Islands, and Portugal will be made by the courier company Nacex

Shipping to France and Germany will be done with GLS.

The courier company usually delivers during business hours, so if you have any time preference for delivery, you can indicate it to us in the order comment and we will try to comply (to the extent of the route and schedule possibilities of the courier company). transportation).

Delivery times

The delivery time is shown during the purchase process, and implies acceptance of it on your part. 

In the event of non-compliance with delivery times, you must indicate an additional period appropriate to the circumstances that caused the initial delay. In the event that we are also unable to deliver the good within said additional period, you may terminate the contract. In the event that the delivery time is essential in view of all the circumstances that arise in the conclusion of the contract or when you have informed us, before the purchase, that delivery before a certain date or on a date is essential determined. In such cases, you can terminate the contract immediately.

In any case, if the contract is terminated, the amounts paid will be refunded in full.

In the event that the User purchases a product that has not yet gone on sale, but that already has a launch date, the shipping times will be provisional and modifiable, and will be subject to the number of units per product that the suppliers have available. every moment. In this case, we will contact you to inform you of the variations suffered in said products, as well as the possibility of terminating the contract.

In some cases there may be a shortage of stock. Our staff will contact you to give you a solution and to inform you of the delivery time once the selected product is available, or to terminate the contract if you wish.

IMPORTANT: In general, we are not responsible for non-compliance or delay of obligations that are due to causes beyond our control, such as in cases of force majeure (confinement due to a state of alarm, for example), natural disasters, strikes, accidents, etc. . If any incident arises, we will contact you to resolve the incident.

When the item is sent to France or Germany the delivery time will be 15 to 20 business days.

Prices, taxes, fees and tariffs

Prices are expressed in Euros. Prices for “Tallsem” products may vary, but possible changes will not affect orders for which a Shipping Confirmation has already been sent.

The final price of the products purchased could vary depending on the taxes applicable in each case, or depending on the shipping address and profile of the buyer (individual or professional). For information purposes, except in those activities not subject to or exempt from VAT, the following taxes will apply to the articles on our website:

• The RRP of items with shipping address to the Peninsula and the Balearic Islands includes VAT in any case.
• The RRP of items with a shipping address to other EU countries, and the buyer being a natural person (private individual), includes VAT.
• The PVP of the items with a shipping address to other EU countries, and the buyer being a company or professional, DOES NOT include VAT as long as it is registered in the Registry of Intra-Community Operators (in which case they will have to provide us with the Code valid Tax Identification Number). If you are not registered as an OI, the PVP includes VAT. 
• The RRP of items with a shipping address to the Canary Islands or Ceuta and Melilla and, in general, any country that is not in the EU, DOES NOT include VAT, since the operation is treated as an export. The price indicated on each item is its final price for shipments to these destinations. “Tallsem” will not be responsible for the DUA or the import expenses and taxes (ISPI, IGIC), fees or tariffs generated at the customs office of destination, if applicable.

Cancellation of accounts and service, cancellation and blocking

User accounts are not deleted due to lack of use. The User can unsubscribe by requesting it from the “Tallsem” staff, by sending an email to info@tallsem.com or through their account profile.

In the event of non-payment of an order, it may be temporarily suspended until the non-payment situation has been resolved by the User. If more than 15 days pass, “Tallsem” may proceed to cancel the order.

“Tallsem” reserves the right to block without prior notice access to the User account (or directly delete the User account), if you use it in an illegal way or fail to comply with the obligations and rules established herein, a fact that will be communicated through email. The blocking or deletion of the User account will have no effect on the obligation to pay for the products purchased, if applicable.

In exceptional cases, under the free discretion of the administrators of “Tallsem”, and evaluating the seriousness of the fact, the administrators may choose to warn the offending User, before permanently deleting or blocking their account.

By registering as a User, you agree that the owners of this site reserve the right, and may act at any time and without prior notice, to modify or discontinue this website and its services, or to delete data provided, whether temporarily or permanently.

Returns

At “Tallsem” we wish you satisfaction with your order. Therefore, we provide you with several methods to return an item that may not meet your needs or expectations. Possible cases of return or withdrawal:

A. The product is incorrect, has a defect or has been damaged during transport: 

We pay close attention to ensuring that all our shipments are made correctly. If you still receive an incorrect item, please contact us as soon as possible to resolve it. Before opening the product, verify that the packaging matches what was requested: color, size, finish, etc.

For its part, if the products received have any defect or deterioration, we will respond to lack of conformity as set forth in the “Guarantees” section within these conditions of sale. 

When the product has been damaged during transport, you must notify us and, if possible, note the incident on the carrier's delivery note. 

Products must be returned in a protected manner, including them in a protective box or bag. “Tallsem” makes a transport company available to the buyer to collect the merchandise, completely free of charge . If you wish to return the merchandise with a transport company other than the one proposed by “Tallsem”, and the selected transport company offers higher rates, you must assume the difference in the transport cost.

Customers who wish to return an item for a size change or for payment thereof, whether the purchase is from France or Germany, must notify us of their intention by email ( info@tallsem.com ). They will benefit from a new tracking number via mail.

With size changes for France and Germany, as soon as your package has arrived at our facilities and has been checked. The waiting time would be 5-6 business days once the product has arrived .

B. Withdrawal:

We don't want you to be left with anything you don't like, so you can return an item if it doesn't meet your expectations. Therefore, in accordance with the provisions of the LGDCU, and whenever you are a buyer of an item for private use, you have the Right of Withdrawal, by virtue of which you can return the product, provided that it is not a digital product of which the download has started.

The exercise of this right of withdrawal must be carried out within a maximum period of FOURTEEN (14) calendar days from receipt, notifying us of your decision to withdraw from the purchase made (you can use the following model withdrawal form to do so, if you want it). https://bit.ly/3HRvMt0

In order to exercise this right, the product must be in perfect condition, and preferably retain the original packaging, as well as all parts. In the event that the products do not arrive in perfect condition, do not include all their parts and accessories, or do not retain their original packaging, “Tallsem” reserves the right to pay a lower amount for the return, a circumstance that will be notified to you.

The refund of the purchase amount will be made once the condition of the merchandise has been verified, through the same means of payment used in the purchase and, in any case, before 14 calendar days have elapsed from the reliable receipt of the the withdrawal request, as long as it is “Tallsem” who manages the collection of the article. If you return the item through a transport company of your choice, the period of 14 days will begin to run from the moment “Tallsem” has effective knowledge of the shipment of the merchandise or, failing that, from the receipt of the same.

The return costs derived from the exercise of the right of withdrawal will be borne by the buyer.

The exercise of the right of withdrawal will not be admitted, among other cases, in the following:

• The supply of goods made in accordance with the specifications of the consumer and user or clearly personalized.
• The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery.
• The supply of goods that, after delivery and taking into account their nature, have been inseparably mixed with other goods.

C. If you have not received the order yet:

If you have not yet received the order and wish to cancel or modify it, you only have to inform us of the changes you want to make, without this incurring any cost if your order has not yet been processed.

Contact for Returns: 

*Phone: +34 96 731 81 18
*Notification through this website in the "Contact" section
*Email: info@tallsem.com

All product returns must be sent to the following address: Calle Caudete nº9, Bajo - 02640, Almansa (Albacete)

Guarantee

Given the special characteristics of some of the products marketed by “Tallsem” on its website, there are slight differences between each product or service purchased, mainly due to the uniqueness and exclusivity of each and every one of the materials used in its preparation. which is also, to a large extent, artisanal. Therefore, no two “Tallsem” products or services are exactly the same and, in any case, it is inevitable that the product delivered to the customer will differ slightly from that shown in the photographs included in the website purchase process (even if it had been the same). In no case will these differences imply the delivery of products or services with worse quality of materials than those expressly mentioned on the website. Likewise, the client is informed and is aware that the size of the photographs contained in the Portal does not correspond to the real size of the “Tallsem” products offered, as well as the range of colors offered in the articles may vary from that received due to mainly due to differences in configuration and quality of the screens on which the website is displayed.

Therefore, the client is informed and expressly consents to these circumstances and differences, without them being a cause for termination of the contract.

Except for those that, due to their nature, are excluded from the consumer goods warranty regulations, and provided that the buyer makes a particular use, all our products are guaranteed at a national level, against manufacturing defects for two years from the date of purchase (or delivery date, if later), or one year if the item is not new.

We will be liable for any lack of conformity, of which the buyer must inform us within two months of becoming aware of it.

If the defect or lack of conformity arises in the first 6 months from the delivery of the item, whether it is a new or second-hand product, it is presumed that the defect or lack of conformity already existed when the product was invoiced. (or delivered, if it is at a later time), that is, that there is a defect of origin or factory of the product, unless we can demonstrate that the defect or lack of conformity is not of origin but is due, for example, to poor use or maintenance given by the buyer.

For its part, if the defect or lack of conformity arises from the first 6 months to 2 years, the presumption that the defect comes from the factory does not exist.

In the event of a defective product, we may proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be completely free of charge for the buyer (including transportation costs, if any). 

Defects and deterioration caused by external events, accidents, use not in accordance with our instructions or those of the manufacturer (incorrect use) or normal wear and tear are therefore excluded from the guarantee. Also, products modified or repaired by the client or any other person not authorized by “Tallsem”, as well as products that are the subject of a specific contract. In these cases, the consumer must be responsible for its repair.

By regulation, and unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below:

a) They conform to the description made and possess the qualities of the product that we have presented to the consumer and user in the form of a sample or model.

b) They are suitable for the uses to which similar products are ordinarily intended. 

c) They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product.

Conflict resolution

As required by the new European regulations, we inform users of the existence of a European dispute resolution platform for online contracting. Thus, for the resolution of consumer disputes (in accordance with Art. 14.1 of Regulation (EU) 524/2013), the European Commission provides an online dispute resolution platform that is available at the following link: https: //webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES

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MODEL WITHDRAWAL FORM

 

If, as a consumer and user, you wish to exercise your right of withdrawal, you can do so using this form, which you must fill out and send to us.

“For the attention of Encora Footwear, SL, with address at Calle Caudete nº9, Bajo - 02640, Almansa (Albacete), telephone +34 96 731 81 18 and email address info@tallsem.com.

I hereby announce that I withdraw from my contract of sale of the following product or list of products:

(Indicate a list of products with respect to which the right of withdrawal will be exercised)

Ordered on: (Insert date)

Name of consumer and user: (Indicate) 

Address of the consumer and user: (Indicate) 

Order number: (Indicate)

_______________________________________________________________________

Signature of the consumer and user (only if this form is presented on paper)

Date: