1-LEGAL NOTICE

INTRODUCTION 

This document (together with all documents referred to herein) sets out the conditions governing the use of the website (www.savarca.com) and the purchase of products from it (the “Conditions”). Please read these Conditions, our Cookie Policy and our Privacy Policy (Data Protection Policy) carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy Policy, so if you do not agree to all of the Terms and the Privacy Policy, you should not use this website.
These Terms may be amended. It is your responsibility to read them periodically, as the conditions in force at the time of placing orders or in the absence of orders, at the time of use of the website will be those applicable to you.
If you have any questions related to the Conditions or the Data Protection Policies you can contact us through our Contact Form.

OUR DETAILS

The sale of items through this website is made under the representation of Es Racó de s’avarca SL, with CIF B09763012, residing in C/Palau Reial 19, 07001, Palma de Mallorca, Balearic Islands.

YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data you provide about yourself will be treated in accordance with the Data Protection Policy. By using this website you consent to the processing of such information and data and declare that all information or data provided to us are true and correspond to reality.
USE OF OUR WEBSITE By using this website and placing orders through it you agree to
To use this website only to make legally valid inquiries or orders.
Not to make any false or fraudulent order. If it can be reasonably considered that an order has been placed, we will be authorized to cancel it and inform the relevant authorities.
Provide us with your email address, postal address and/or other contact details in a truthful and accurate manner. You also agree that we may use such information to contact you if necessary.
If you do not provide us with all the information we require, we will not be able to process your order.
By placing an order through this website, you represent that you are at least 18 years of age and legally capable of entering into a contract.

PRODUCT AVAILABILITY

All product orders are subject to product availability. In this regard, if there are difficulties in supplying products or if there are no items left in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order such replacement products, we will refund any amount you may have paid.

TRANSFER OF RISK AND PROPERTY

The risk of the products will be borne by you from the time of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in respect of the products, including shipping costs, or upon delivery, if delivery takes place at a later date.

PRICE AND PAYMENT

The price of the products will be the one stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices on the page are correct, errors may occur. If we discover an error in the price of any 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 you will be fully refunded any amounts paid.
We shall not be obliged to supply any product to you at the incorrect lower price (even if we have sent you a Shipping Confirmation) if the error in price is obvious and unmistakable and could reasonably have been recognised by you.

Prices on the website include VAT, but exclude delivery charges, which will be added to the total amount due as set out in our Shopping Guide.
Prices may change at any time, but (except as stated above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to buy, they will have been added to your basket and the next step will be to process the order and make payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Also, during the purchase process, before making the payment, you can modify the data of your order. A detailed description of the purchasing process is available in the Purchasing Guide.

You can use Visa, MasterCard, American Express cards as a means of payment.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged as soon as your order leaves our warehouse. If your payment method is PayPal, your card will be charged when we confirm your order.
By clicking on “Go to pay” you are confirming that the credit or debit card is yours or that you are the rightful holder of the gift card or credit card. Credit cards are subject to verification and authorisation by the card issuer, but if the card issuer does not authorise payment, we will not be responsible for any delay or non-delivery and we cannot enter into any contract with you.

VALUE ADDED TAX AND INVOICING

In accordance with the provisions of Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT. You expressly authorise us to issue the invoice on an electronic medium, although you may indicate at any time your wish to receive an invoice on paper, in which case we will issue and send the invoice in that format.

LIABILITY AND EXCLUSION OF LIABILITY

Unless otherwise expressly provided in these conditions, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of such product.
Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
In the event of death or personal injury caused by our negligence
In case of fraud.
To the extent legally permitted, we will not accept any liability for the following losses, regardless of their origin
Loss of income or sales.
Loss of business.
Loss of profit or loss of contracts Loss of anticipated savings Loss of data Loss of management time or office hours Due to the open nature of this website and the possible may have the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in grain, texture, knots and colour, shall not be considered as defects or flaws. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

CONSUMER GUARANTEES

Without prejudice to the right of withdrawal, return policy and responsibility of this company, within the framework of the RD Legislative 1/2007 of 16 November, guarantees the lack of conformity of the product, which means, at the consumer’s option, the right to repair the product, to replace it, to reduce the price, or to terminate the contract.

INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and other industrial and intellectual property rights in the materials or content provided as part of the website belong at all times to us or to those who have licensed their use to us.
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.

VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging programs or materials into this website. You shall not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may result in violations under applicable law. We will report any violations of such regulations to the appropriate authorities and cooperate with them in discovering the identity of the attacker. In addition, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.
We will not be liable for any damage or loss resulting from a denial of service attack, viruses or any other technologically harmful or damaging programs or materials that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.

LINKS FROM OUR WEBSITE

Where our website contains links to other websites and materials of 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 responsibility or liability for any damage or loss arising from their use.

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 such communications with us will be electronic. We pondremos en contacto con usted por correo electrónico o le facilitaremos información colgando avisos en esta página web. A efectos contractuales, usted consiente en usar este medio electrónico de comunicación y reconoce que todo contrato, notificación, información y demás comunicaciones que le enviemos de forma electrónica cumplen con los requisitos legales de ser por escrito. Esta condición no afectará a sus derechos reconocidos por ley.

NOTIFICATIONS

The notifications you make to us should preferably be sent through our Contact Form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time that they are posted on our website 24 hours after an e-mail has been sent, or three days after the date of postage of any letter. To prove that notice has been given, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and delivered to a post office or a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us, as well as on our respective successors, assigns and assignees. You may not transfer, assign, encumber or otherwise dispose of a contract or any of your rights or obligations under it without our prior written consent. We may transfer, assign, encumber, sub-contract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, any such transfer, assignment, encumbrance or other transfer will not affect your statutory rights as a consumer, nor will it negate, reduce or otherwise limit any warranties, express or implied, that we may have given you.

EVENTS BEYOND OUR CONTROL


We shall not be liable for any failure or delay in the performance of any of the obligations undertaken, which is caused by events beyond our reasonable control. Force Majeure shall include any act, event, failure to perform, omission or accident which is beyond our reasonable control and shall include, but not be limited to, the following:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster
Impossibility of the use of trains, ships, planes, motor transport or other means of transport, public or private
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the cause of force majeure lasts, and we will have an extension in the term to fulfill these obligations for a period of time equal to the duration of the cause of force majeure. We will use all reasonable means to terminate the force majeure cause or to find a solution to enable us to fulfil our obligations despite the cause of force majeure.

WAIVER

Failure by us to require you to comply strictly with any of your obligations under a contract or these terms and conditions or to exercise by us any rights or remedies to which we may be entitled under such contract or terms and conditions shall not waive or limit any such rights or remedies or relieve you from such obligations.
No waiver by us of any particular right or remedy shall be deemed to be a waiver of any other rights or remedies arising under the Agreement or the Terms. No waiver by us of any of these conditions or of any rights or remedies under a contract shall be effective unless it is expressly stated to be a waiver and is executed and communicated to you in writing in accordance with the provisions of the notice section above.

PARTIAL NULLITY

If any of these conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force, unaffected by such declaration of nullity.

COMPLETE AGREEMENT

These terms and conditions and any documents expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter hereof and supersede any prior agreements, understandings or promises agreed between you and us either orally or in writing.
You and we acknowledge that we have consented to the conclusion of a contract without relying on any statement or promise made by the other party or which may be inferred from any statement or writing in the negotiations between us prior to the contract, except as expressly referred to in these terms and conditions.
Neither you nor we shall have any action against any untrue statement made by the other party, whether orally or in writing, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only action available to the other party shall be for breach of contract in accordance with these conditions.

OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these conditions at any time.
You will be bound by the policies and conditions in force at the time you use this website or place each order, unless we are required by law or government agency decision to make changes to these policies, conditions or privacy statement retroactively, in which case any changes will also affect orders you have previously placed.

APPLICABLE LAW AND JURISDICTION

Contracts for the purchase of products through our site will be governed by Spanish law. Any dispute arising out of or in connection with such contracts shall be submitted, at the choice of the consumer, either to the courts of his domicile, or to the courts of the city of Palma de Mallorca, where this company has its domicile.
If you are contracting as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation.
There is a European online dispute resolution platform that facilitates the extrajudicial resolution of disputes between consumers and online traders in an independent, impartial, transparent, effective and fair manner, in accordance with Regulation EU/524/2013, for which purpose the link to this platform’s website is provided.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions are welcome. Please send us your comments and suggestions, as well as any queries, complaints or claims through our contact channels. In addition, we have official complaint forms available to consumers and users. You can request them by calling 871703055 or through our contact channels.
Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within the legally established period.
If you, as a consumer, consider that your rights have been violated, you can direct your complaints to us through our contact channels in order to request an extrajudicial resolution of disputes.
In this regard, if the purchase between you and us was made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes with us, which can be accessed via the Internet address https://ec.europa.eu/consumers/odr/.
Model withdrawal form (you only need to fill in and send this form if you wish to withdraw from the contract)
To the attention of Francisca Fuster Contreras, with DNI 43181521X, with address in C/Palay Reial nº19, 07001, Palma de Mallorca, Balearic Islands.
I hereby inform you that I withdraw from my contract of sale of the following property:
Ordered on/received on (*):
Name of the consumer:

Consumer’s address:
Signature of consumer (only if this form is submitted on paper)
Date
(*) Delete as appropriate

2-EXCHANGES AND RETURNS

HOW DO I RETURN A PRODUCT?

Returns in S’Avarca store:

You can return products to us at any of our S’Avarca stores. In this case, you must go to any of our stores with the purchase invoice.

Returns by courier: You must contact us through the contact section, customer service telephone or email info@savarca.com, so that we can manage the return process. The return will be made through the company Correos, going to any of its offices. Keep in mind that the return costs are borne by the customer, as long as it is not due to company error or product defect, in which case shipping would be free.
The item must be returned in the same condition in which it was received and in its original packaging. If the returned product does not have the same initial conditions, the company reserves the right not to refund the amount of the purchase.

Returns of defective products: In cases where at the time of delivery you notice that the product has any damage or flaw, you should contact us immediately through our contact form, email or Customer Service telephone number. Client, also providing the details of the product such as the damage or defect suffered and we will inform you of the procedure to follow. We will carefully examine the returned product and contact you to inform you if a refund or, where appropriate, a replacement is necessary. Amounts paid for products that are returned due to a defect or failure, where any, will be refunded in in full, including the shipping costs incurred to deliver the item to you and the costs you would have incurred to return it to us. The return will be made by the same means of payment that was used to pay for the purchase.

For any type of return you have 15 calendar days.

If you have purchased an order with free shipping and want to return the products, the initial shipping costs will be deducted from the refund.

For any questions you can contact us through our customer service form.

CHANGES

To request a change in size, you must contact us through the contact form or via whatsapp and in less than 24 hours we will answer you about the procedure to follow. For the change, the customer will have to send the shoe to any of our stores using the shipping method they prefer, the customer paying this shipping time. As soon as we receive the product and verify that everything is correct, we will send you the new size, this time without shipping cost for the customer.
Outside Spanish territory, the change of size has the full change costs at the customer’s expense.

3-SHIPPING

-Peninsula Spain, Ceuta and Melilla and Balearic Islands: € 5.95 (free shipping from € 60). Shipping 48-72h.

-Canarias: € 12

-Germany, Austria, Belgium, Denmark, France, Gibraltar, Greece, Ireland, Italy, Luxembourg, Norway, Netherlands, Portugal, United Kingdom, Sweden, Switzerland:

from 500gr to 1kg: € 16.90

from 1kg to 1.5kg: € 19.90

For any questions about rates to other countries or shipping times, contact the customer service section.

DELIVERY

We will try to ship the order on each Shipment Confirmation.
However, delays may occur for reasons such as product customization, unforeseen circumstances, or the order delivery area.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and we will contact you.
However, please note that we do not deliver on Saturdays, Sundays or holidays. For the purposes of these Conditions, the “delivery” or the order will be considered “delivered” when you or a third party indicated by you acquire material possession of the products, which will be evidenced by your signature upon receipt. of the order at the agreed delivery address.

IMPOSSIBILITY OF DELIVERY

The carrier will contact you by SMS or email to inform you of the delivery of your order. You can change the delivery date and time to make sure you are at the delivery location. After three unsuccessful attempts by the agency to deliver the order, it will be returned to our Central Office.
In the case of orders returned to the headquarters for not having been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will refund all payments received from you, except for shipping costs.
Please note that the transportation costs resulting from the resolution may be additional, so we are entitled to deduct these costs from the total amount of your refund.