Purchase Terms and Conditions
MAÁ Shoes provides you with an Online -Purchase service that allows you to buy from home some of the items available in our stores. Besides, you will profit from our exclusive promotions and offers.
Hereunder, you can review the general sales terms and conditions that regulate the purchase of MAÁ footwear through this website. In this light, the use of this website implies the agreement of the general sales terms and conditions. Nevertheless, you can contact our Customer Service if this causes you any doubt.
When using this website or placing an order online, you will be linked to this Conditions and our Data Protection Policy. Therefore, if you do not agree with all the Conditions or with the Data Protection Policy, you must not use this website.
Conditions may be modified. It is under your responsibility to read them regularly, since the current conditions during the celebration of each agreement (as defined hereinafter) or in its absence, during the use of the website, will be the applicable Conditions.
If you have any questions related to the Conditions or the Data Protection Policy, you can contact us filling our contact form.
This Agreement (as defined hereinafter) can be entered in any of the available languages in the website, according to your preferences.
2. TRITEX RETAIL S.L. DATA
The sale of items through this website is made under the name of MAÁ SHOES by TRITEX RETAIL S.L. in El Rubial from Villena Nave 13, 03400 Alicante (Spain) with Tax Identification Number B-54974571.
3. YOUR DATA AND VISITS TO THIS WEBSITE
All the information and data about you that have been provided to us will be dealt according to the Data Protection Policies. The use of this website implies the acceptance of the using of such information and data, as well as the assurance of the veracity of all the information and data that you provide us.
4. THE USAGE OF MAASHOES.COM
By using this website and place orders online on this website, you agree:
1. To use this website only to place orders which are legally valid.
2. Not to place any fake or fraudulent order. When it could be reasonably considered that an order of this kind has been placed, we will be authorized to cancel it and to report it to the relevant authorities.
3. To provide your accurate and actual email address, postcode and/or other contact details.
If you do not provide us with all the information we need, we will not be able to place your order.
By placing an order through this website, you declare that you are over 18 years old and therefore legally capable of entering into a binding agreement.
5. AVAILABILITY OF THE SERVICE
The offered products through this website are available for delivery to any country, as long as you accept the respective shipping costs in your territory or area.
6. PURCHASING PROCESS
The information contained in these Conditions and the details contained on this website do not constitute an offer to sale, but an invitation to proceed to agreement. No agreement between you and Tritex RETAIL, S.L. will be given in relation to any product until your order is expressly accepted by us. If your offer is not accepted or in case any charge has been already made in your account, the total amount will be refunded.
If you wish to place an order, you will have to follow the online purchasing procedures and formalize the order. After this, you will receive an email acknowledging the receipt of your order (the ‘Order Confirmation’). Please, note that this does not mean that your order has been accepted, since your order constitutes an offer from you to us to buy one or more products. All the orders are subject to acceptance by us. We will notify this acceptance to you by sending you e-mail or by phoning you and we will confirm that the available product has been dispatched (The ‘Shipment Confirmation’). The agreement for the purchase between you and us (the ‘Agreement’) will be formed only when we send you the Shipment Confirmation.
Only the products related to the Shipment Confirmation will be part of the Agreement. We will not be bound to supply you with any other product or item that may have been ordered until we confirm its dispatch in a Shipment Confirmation.
7. AVAILABILITY OF PRODUCTS
All the orders for products are subject to their availability. In this sense, in the event of the arising of difficulties regarding the supply of products, or in the event of lack of products in stock, we reserve the right to provide you with information about alternative products of the same or higher quality and value that you will be able to order. If you do not wish to place any order of these alternative products, all the money you might have paid will be refunded.
Tritex RETAIL, S.L., reserves the right to accept or reject any order.
Subject to Clause 7 above, according to the availability of the products and unless there are exceptional circumstances, we will try to deliver the products of your order on the date established on the Shipment Confirmation – whether it is Express or Standard – through an international delivery company, and if there is no specified date of delivery, this will be delivered within a maximum period of 30 days from the date of Order Confirmation.
In order to avoid incidents in the delivery (incorrect addresses, impossibility to locate the address, etc.). It is imperative to properly fulfill the pertinent form as well as it is advisable to fill the telephone contact box.
Nonetheless, delays may occur for reasons such as the customization of the product, unforeseen circumstances or the delivery area.
In the event of failure to deliver on the specified date, you will be informed thereof and you will have the chance to either maintain your purchase order establishing a new date of delivery or to cancel your order with the refund of the total money paid.
Please, note that we do not deliver orders during the weekend (Saturdays and Sundays). You can see the order tracking in our website. The location of the product will be updated until its definitive reception.
Deliver in post box offices will not be possible.
The transportation price is estimated according to the selected payment method. The exact transportation price will be estimated when every item is included in the purchase basket and will appear individually in the site where the purchase is summarized before the customer confirms the order by clicking ‘confirm payment’ and you introduce your payment data.
Shipping costs may be modified anytime without notice. This change will be applicable at the time the modification is included in the Help page or in the agreement published on this website. In any case, the valid shipping costs will be those that appear in the website at the time the order is placed.
For the purpose of these Conditions, it will be assumed that the ‘delivery’ has taken place, or that the order has been “delivered” at the time that you or a third party –indicated by you – physically acquires the product. This will be certified by the signature of the order receipt that appears in the arranged delivery address provided by you.
In the event the customer modifies the delivery address, the customer will agree to bear all the costs incurred due to such circumstance.
9. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver the items of your order, we will try to find a safe place to leave them. If we cannot find a safe place, your order will be returned to our warehouse. Additionally, a note will be made, in which it will be explained where your order is and the necessary instructions that you will have to follow to arrange a second delivery attempt. If you are unable to be in the point of delivery at the agreed time, please, contact us to arrange a new delivery.
In the event of failure to deliver your order after the time period of 30 days after it was ready for deliver, and if the reason is not attributable to us, we will assume that your will is to withdraw from the Agreement, and we will consider that the Agreement is terminated. As a consequence of the termination of the Agreement, we will refund all the payments we have received from you, included shipping costs (with exception for the additional costs resulting from your choice to a different method to the regular, the least expensive delivery method we offer) with no undue delay, and in any case, within the maximum period of 30 days after the considered termination of the Agreement. Please, note that the transportation required from the termination of the Agreement may have additional costs; consequently we are authorized to pass the corresponding costs to you.
10. RISK AND TITLE
Once the delivery is made, you will be in charge of all the risks of the products.
Ownership of the products will pass to you when we receive the total payment of all sums due in respect of the products, including shipping costs or upon delivery (as defined in Clause 9 above), should this be later.
11. PRICE AND PAYMENT
The valid price of the products is indicated in our website, except in cases of obvious error. Although we try to ensure that all the prices listed on the website are correct, there might be some errors. If we discovered an error in the price of any product that you have ordered, we will inform you as soon as possible and you will be given the option of reconfirming the price or canceling it. If cannot contact you, the order will be deemed to be canceled and the amounts paid will be refund.
We are under no obligation to sell any product at its incorrect (and lower) price (even after you have been sent the Shipment Conformation) if the error in the price is obvious and unmistakable and could have reasonably been detected as such by you.
The website’s prices include VAT, but exclude shipping costs, that will be later applied in the order summary during the purchasing process in the basket.
MAÁ shoes gives you the option to choose the country of destination at the start of your purchase in order to show you the currency conversion. Nevertheless, in the purchase process, the final price of payment will be made effective in Euros. If you later change your delivery address and the destination country remains modified, the prices shown in the final order purchase summary might vary.
Prices may change anytime, but (unless above provided) these possible changes will not prejudice the orders from which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to buy, they will be added to the basket and the next step will be processing the order and making the payment effective. To do so, you will have to follow the purchasing process steps, filling and checking the information that you are asked for in each step.
Furthermore, before making the payment in the purchasing process, you will be able to modify your order data. Besides, if you are a registered customer, you have access to all the detailed order in the section called ‘My Account’.
By formalizing the order, you confirm that the credit card is yours.
Credit cards are subject to the authorizations and checks by their issuing company, but in the event that such company did not authorize the payment, we will not take the responsibility for any delay or failure to delivery, and will not be able to formalize any Agreement with you.
12. PAYMENT METHODS
MAÁ shoes will only accept payments made through credit or debit card (Visa, Visa Electron, MasterCard or AMEX), PayPal, bank transfer or cash on delivery.
1.Payment by credit or debit card
MAÁ shoes accepts payments of purchases made via its website with the following debit or credit cards: Visa, Visa Electron, MasterCard and American Express.
In the event that the payment method is credit or debit card, the charge will be made online, that is, in real time through the pertinent financial company’s payment gateway, after checking that data provided are correct.
2.Payment by PayPal
MAÁ shoes accepts payments by the PayPal system.
3. Payments by bank transfer
In the case of payments by transfer, the account number in which the payment shall be made will be provided to the customer. The customer will be charged the purchase costs when the order is accepted. As a future reference, customer will provide his/her purchase order number and his/her full name. Customer will make the payment within a time period of 3 working days after the placing the order. The order will not be deemed to be paid until it is proved that the payment is received. In the event that, after the deadline, MAÁ has not received the corresponding amount, the order will be canceled.
4. Payment Security
In order to offer maximum security in the payment system, MAÁ shoes uses the secure payment systems of the leading financial entities in e-commerce. Therefore, all confidential data is transferred directly and in an encrypted format (SSL) to the corresponding financial entity. For payment by Visa and MasterCard, MAÁ shoes only accepts SET transactions (Secure Electronic Transactions) using the 3D Secure international protocol, which can be identified by the Verified by Visa and MasterCard SecureCode and American Express Safekey logos. The basic goal of the initiative of Secure Electronic Transactions initiative is to guarantee the security of transactions through Internet. When making payments through the secure payment gateway, the system will automatically check whether the credit card is activated for Secure Electronic Transactions. Afterwards, it will connect with the issuing bank of the card, which will request authorization for the operation by a personal authentication code.
This transaction will only be effective if the issuing bank of the credit card confirms the authentication code. Otherwise, the transaction will be rejected. We also have the GeoTrust SSL safety certificate for online transactions.
As a complementary measure to the ‘Secure Payment’ system and with the aim of collaborating in the prevention of fraud through the Internet, MAÁ shoes reserves the right to verify the personal data provided by the customer, as well as to take any necessary measures (including the cancellation of the order) in order to ensure that goods are dispatched in accordance with the data that is stated on the order.
(*Available countries to use American Express: Russia, Singapore, Turkey, United Arab Emirates, Vietnam, Qatar, New Zealand, Algeria, Australia, China, Hong Kong, Kuwait, Lebanon, Malaysia)
Payments made from countries included the list of Tax Havens and/or economically supporting Terrorism may be rejected according to the legal dispositions in Spain for preventing terrorist or criminal activities.
12. VALUE ADDED TAX
According to the current legislation provided Section 68 in the Act 37/1992 28 December about the Value Added Tax (VAT) the delivery of the items will be assumed to have their location in the Spanish means where the VAT is applied, except for Canary Islands, Ceuta and Melilla. The type of applicable VAT will be legally binding anytime in accordance with the concrete Section.
Regarding the orders with destination to Canary Islands, Ceuta and Melilla, the orders will not be exempted from VAT in application of Section 21 of Act 37/1992, without prejudice to the application of the relevant taxes and custom duties to the current legislation in each of the territories.
13. LIABILITY AND DISCLAIMERS
Unless expressly provided otherwise in the present Conditions, our liability with regard to any product acquired by our website shall be strictly limited to the purchase price of such product.
Notwithstanding the above, our liability is not excluded or limited in the following cases:
1. For death or personal injury caused by our negligence;
2. For death or fraudulent misrepresentation; or
3. In any case for in which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability.
Notwithstanding the provisions of the previous paragraph and insofar as legally allowed, and unless otherwise provided in the present Conditions, we will not accept any responsibility for the following losses, regardless of its origin:
1. Losses of incomes or sales:
2. Loss of business;
3. Loss of profits or contracts;
4. Loss of expected savings;
5. Loss of data; and
6. Loss of time in management or business hours.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by this website unless expressly established otherwise on this website.
All descriptions of products, information and materials on this website are supplied “as are” and without specific or implicit guarantees, except for the legally established.
In this sense, if you are contracting as a consumer and user, we are obliged to deliver goods that are in conformity with the Agreement, being liable to you for any lack of conformity, which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they (i) adjust to the description we provide and have all the qualities we have listed in the website (ii) are fit for the purposes for which products of this kind are normally used for (iii) have the usual quality and performance in products of this kind and can which can reasonably be expected.
To the extent permitted by law, we exclude all guarantees, except for those that may not be legitimately excluded in favor of consumers and users.
The products we distribute often present the characteristic of the natural materials used in their process of manufacturing. These characteristics, such as variations in texture, knot or color, may not be considered defects or damage. On the contrary, you shall count on their presence and appreciate it. We only select the highest quality products, but natural characteristics are unavoidable and must be accepted as part of the individual product appearance.
The provisions in this clause shall not affect your consumer or user’s right, or your right to cancel the Agreement.
14. INTELLECTUAL PROPERTY
You acknowledge and consent that the copyright, trademark and other intellectual property of the rights of materials or contents are our property or that of the suppliers who licensed us to make their use. You can only make use of such material in the terms that we or who licensed us authorize you. This will not make use of our website to copy information about your order or Contact data.
15. VIRUSES, PIRACY AND OTHER CYBER ATTACKS.
You must not make an undue use of this website through the intentional introduction of viruses, trojans, worms, logic bombs or any other malicious software. You must not try to have unauthorized access to this website, to the server in which this website is located, or to any server, computer or database related to our website. You are obliged not to attack this website via a denial of service attack or a distributed denial of service attack.
The failure to comply with this clause might imply the commission of typified breaches by the applicable regulation. We will report any breach of this regulation to the competent authorities and we will cooperate together to discover the identity of the offender.
Apart from that, in the event of you fail to comply with this clause, you will no longer be licensed to use this website.
We are not liable for any damage or loss that results from a denial of service attack, virus or any other malicious software that can damage your computer, computer hardware, data or materials as a consequence of the use of this website, the download of contents from this website or the download of contents from websites that this one redirects to.
16. LINKS IN OUR WEBSITE
In the event that our website includes links to other websites and third parties’ materials, such links will be only provided with informative purposes, and we have no control over the content of such websites and materials. Therefore, we shall not accept any liability for damages or losses that result from their use.
17. WRITTEN NOTIFICATION
According to the applicable regulation, the information we send you and our communication must be partly written. By using this website, you accept that most of these communications with us will be mainly electronic. We will contact you via email or we will provide information via notices on this website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements to be in writing. This condition does not affect your statutory rights.
The notices that you send us shall be preferably sent via our contact form. Pursuant to the provisions in clause 20 below, and unless otherwise indicated, we may send you notifications either by e-mail or to the postal address you provided us with when the order was placed.
It shall be assumed that the notifications have been received and have been properly carried out as soon as they are posted on our website, 24 hours after they have been sent by e-mail, or three days after the postage date on any letter. To have evidence that the notification has made sent it shall be sufficient (when made by letter) to check that it was correctly addressed, correctly stamped and that it was duly delivered to the post office or to a mail box, and in the case of an email, that the notification was sent to the email address specified by the receiver.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
This Agreement is both binding for you and for us, as for our respective successors, assignees and hairs.
You may not transfer, assign, charge or otherwise dispose of an Agreement, or any of your rights or obligations resulting from it without our prior written approval.
We can transfer, assign, charge and outsource or otherwise dispose an Agreement or any of your rights or obligations resulting from it during the lifetime of the Agreement. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer of your rights under the Contract or cancel, reduce or otherwise limit any guarantee which may have been provided by us to you, whether express or implied.
20. FORCE MAJEURE
We shall not be liable for any failure or delay to perform any of the obligations that assume under an Agreement that is caused by events outside our reasonable control (Force Majeure).
Force Majeure causes shall include any act, event, non-happening, omission or accident beyond our reasonable control and includes, among others, the following:
1. Strikes, lockouts and other industrial actions.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of transport, whether public or private.
5. Impossibility to use either public or private telecommunication systems.
6. The acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Strikes, errors or accidents in maritime or fluvial transport, postal or any other type of transport.
Our obligations resulting from the Agreements will be assumed to be suspended during the period in which the cause of Force Majeure remains, and we will be given an extension in the period in which to fulfill these obligations. This extended period will have the same length as the length of the cause of Force Majeure. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by virtue of the Contract despite the situation of Force Majeure.
Our failure to require your compliance in writing of any obligations assumed by you in accordance with an Agreement or these Conditions, or our failure to exercise the rights we might have access to in accordance with an Agreement or these Conditions, will not constitute either waiver or limitation whatsoever of such rights or remedies, and shall not exonerate you from your obligations.
No waiver by us of any default shall constitute a waiver of any subsequent default arising from the Contract or the Terms.
No waiver by us of any Conditions or of any rights or remedies resulting from the Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the paragraph on Notices above.
22. PARTIAL INVALIDITY
If any Conditions or any provisions of an Agreement are declared as null or unenforceable to any extent by competent authority, such terms and conditions will continue to be valid, and will not be affected by such declaration of invalidity.
23. ENTIRE AGREEMENT
These Conditions and any document that expressly refers to these Conditions constitute the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, contract or arrangement between you and us, whether oral or in writing.
Both you and Tritex RETAIL S.L. acknowledge that, in entering into this Agreement without having relied on any declaration or arrangement made by other party that may be implied from any oral declaration or written in negotiations between you and us before such Agreement, except as expressly stated in these Conditions.
Neither you nor Tritex RETAIL S.L. will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Agreement – unless such untrue statement was made fraudulently – and the only remedy of the other party shall be for breach of agreement as provided in these Conditions.
24. OUR RIGHT TO MODIFY THESE CONDITIONS
We have statutory right to review and modify these Conditions anytime.
You are subject to the current policies and Conditions at the time that you make use of this website or order our products, except for cases in which these policies, Conditions or Privacy Statements are changed by law or by governmental decision, in which case, any potential changes will also apply to orders previously placed by you.
25. APPLICABLE REGULATIONS AND JURISDICTION
The use of our website and purchase agreements via such website must be governed via the Spanish law.
Any dispute arising from or in relation to the use of the website with such agreements will subject to the non-exclusive jurisdiction of the Spanish courts.
If you are contracting as a consumer, nothing stated in this clause will affect the rights acknowledged to you in the current regulations.
Your feedback (comments and suggestions) are welcome. Please, send us any comments and suggestions via our contact form or through our email email@example.com
Furthermore, we have official complaint forms at the disposal of consumers and users.