Terms of Services Sunfeet

GENERAL TERMS AND CONDITIONS OF SALE

1. Definitions

The distance selling of SUNFEET brand products via the website www.sunfeet.es (hereinafter, the “Site”) is regulated by the following General Terms and Conditions of Sale (hereinafter, the “General Conditions”).
For all pertinent purposes, it is hereby stated that SUNFEET products are neither health nor orthopaedic products and are not designed for the treatment of illnesses.
The Association Instituto de Biomecánica de Valencia (hereinafter, “IBV”) sells the products offered on the Site directly.
IBV is an association governed by Spanish Law, whose registered address is
Universitat Politècnica de Vàlencia – Edificio 9C, Camino de Vera s/n, 46022, Valencia (Spain), Corporate Tax ID No. G-96361555.
Contact e-mail: atencion.cliente@ibv.upv.es

The present General Conditions are available in Spanish and in English. In the event of any discrepancy between the two, the Spanish version shall take precedence.

2. Introduction

2.1. The use of the distance selling services described in the present General Condition is exclusively reserved for consumers (hereinafter, the “Customer” or, in plural, “Customers”), understood to be, in accordance with the meaning given to this term in the law and in case law, natural persons acting for purposes outside the commercial, industrial, craft or professional activity they may carry out, wherever applicable, and aged over 18 (or, in the case of minors, acting with the authorisation of their legal representative). The products offered on the Site may only be purchased when the goods are to be delivered in one of the following countries: Spain (with the exception of Ceuta, Melilla and the Canary Islands), Italy, France, Germany, the Netherlands, Sweden, Greece, Belgium, Austria, Denmark, Portugal, Finland, Ireland, Luxembourg, the United Kingdom and Switzerland.

2.2. The resale, rental or transfer of products purchased on the Site is expressly prohibited, whatever the commercial or professional aim. In all cases, and irrespective of the efficacy of the aforementioned prohibition, IBV will not be liable for damages.

2.3. IBV may modify the present General Conditions at any moment, with said modification becoming applicable from the moment of publication on the Site. The express acceptance of the General Conditions of Purchase is an essential requirement for the validity of an order placed by a customer.

2.4. The present General Conditions are published on the Site to allow the Customer to be aware of, store and reproduce them in compliance with articles 27.1 and 4 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter, the LSSI) and art. 98.1 of Legislative Royal Decree 1/2007, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary legislation (hereinafter, the LGDCU).

3. Purchase

3.1. The purchase of SUNFEET products implies payment of the price thereof by the Customer.

Each sale of SUNFEET products by IBV via the online selling service (hereinafter, the “Service”) may correspond to one or more products. IBV reserves the right to modify the limits on the amount and/or number of products acquired via the Service. The sale of SUNFEET products via the Service shall be deemed to have taken place in Valencia (Spain) irrespective of the delivery location thereof.

The information relating to the SUNFEET products offered for sale via the Service is provided in accordance with the current legislation and, in particular, with the LSSI and the LGDCU.

3.2. To place an order for SUNFEET products on the Site, the Customer should proceed as follows:

First, the Customer will be informed that the Purchasing procedure requires the payment of the price of the selected product, and that the order will only be confirmed once payment has been verified.

The Customer must select the product’s characteristics using the customisation options offered by the Site:

“My style” section

1. Selection of the type of SUNFEET product from the style options displayed and available on the Site when the purchase is being made. Within a single style, predefined models are available for which the Customer can modify the colour of certain elements or create their own insole (FREE). The options which each Customer may select for the predefined models are the ones displayed and available on the Site when the purchase is being made.

2. Selection of the different colour options of the “linings”, “padding”, “inserts” and “anatomical base” elements within each style and preview by the Customer of the selected customisation options. The Customer may include a personalised message on the product, which will appear on the lining, of up to a maximum of 33 characters.
Article 4 of the present General Conditions on the design and customisation options will apply to the content generated by the Customer.

Although IBV has adopted all possible measures to guarantee that the images and previews displayed on the Site are accurate reproductions of the SUNFEET colours and products, such as the adoption of all technological solutions possible to reduce any inaccuracies to a minimum, some variations may occur owing to the technical characteristics and colour resolution of the computer used by the Customer. Consequently, IBV shall not be responsible for any possible differences with the graphic representations of SUNFEET products that may appear on the Site that are due to said technical issues.

“My feet” section

3. Taking of photos of the Customer’s feet. The Customer may take the photographs of their feet with their Smartphone, by using the SUNFEET APP (available on the APP Store or Google Play), through scanning devices which IBV may have available in physical locations or using a camera and uploading them to the Site. In each case, the Customer should follow the instructions indicated for said purpose in order to take the photographs. In all cases, the Customer will be provided with an ID number associated with the 3D model of their feet generated from the photographs taken, in order to use it to complete their purchase order.

“My SUNfeet” section

4. Registration of personal data for the configuration of the SUNFEET product. The Customer must provide the following data in order to configure their SUNFEET product: gender, age, weight, shoe size, height and indicate whether they use anatomic insoles or not.

Said data will be processed in accordance with the privacy policy of SUNFEET (available at this link: www.sunfeet.es/politicadeprivacidad), which the Customer accepts by accepting the present General Conditions.

Next, the Customer should add the SUNFEET product to their shopping basket.

The Customer will carry out the online purchasing procedure by providing the personal data required to complete the purchasing procedure, selecting the delivery and invoicing options and choosing the payment method.

The Customer will review their order, to ensure that the content is correct.

The Customer will confirm that they have read and accepted the present General Conditions and will lastly confirm the order by clicking on the “Confirm order and payment” button.
When the Customer clicks on the “Confirm order and payment” button, their order will become binding. By clicking on the button, the Customer is placing an order with IBV, which implies the obligation to pay IBV the amount which is displayed on the final screen of the online purchasing procedure, including the shipping costs. Once IBV has received the order, the Customer will be sent automatic confirmation via e-mail, which will contain the order number and information and conditions relating to the purchase made by the Customer.

3.3. At the end of the purchasing process, the Customer is advised to download, save or print the General Conditions applicable at the moment of confirmation of their order.

3.4. IBV reserves the right to reject orders placed by a Customer with whom a dispute exists with regard to a previous order, in which case no order will be deemed to have been accepted by IBV nor any contract formalised between IBV and the Customer. Similarly, IBV reserves the right to reject orders whenever it considers that the Customer is not eligible for the purchasing procedure, including, among others, the case of a previous breach of the General Conditions for the purchase of products on the Site, or if IBV suspects that the Customer wishes to purchase the products for purposes related to their own or a third-party business or professional activity, is not acting with a real and genuine interest in purchasing the requested products or for any other legitimate reason, in particular when the Customer has been involved in a fraudulent activity of any nature. In such cases, the order sent by the Customer shall be deemed to lack all validity and efficacy. IBV will send the Customer, via e-mail, a notification that the order has not been accepted, that the contract has not been formalised and that it will proceed to cancel all charges and/or expenses incurred by the Customer. IBV will inform the Customer that it is unable to accept a received order within a period of 10 days from the effective reception thereof, and will refund any sums the Customer has paid for the online payment.

3.5 Irrespective of the possible use of the data for the various purchasing purposes described in the Privacy Policy and subject to the prior and express consent of the Customer, the form containing the order proposal and the Customer’s data in relation thereto shall be kept by IBV for the period established in the current legislation.

4. Customisation

4.1. Customisation of products. Customisation conditions.

In order to customise the SUNFEET products, the Customer may send a combination of letters, spaces, symbols and numbers to make up a personalised message that will appear on their creation (maximum of 33 characters). IBV reserves the right, at its sole discretion, to reject the personalised message, on the grounds that it contains, for example, a trademark that belongs to a third party, or the names of sports teams, athletes or celebrities which neither you (nor IBV) is entitled to use, or on the grounds that it contains material which IBV considers inappropriate. In cases where IBV rejects your personalised message, you will be notified via e-mail as soon as possible.

4.2. Customer commitment with regard to customisation.

The Customer will create both the design of the product (the combination of colours, etc.) and the customisation thereof through a personalised message. Wherever this is not the case, the Customer hereby guarantees that they are authorised to use a design or personalised message created by a third party. The Customer should bear in mind that although IBV is entitled to reject their personalised message or design, the Customer will be solely responsible for said elements, and IBV is under no obligation to check or reject their design or personalised message. The design and personalised message created by the Customer are classified as “Content generated by the Customer”. Article 11 of the present General Conditions on the Content generated by the Customer will apply to their design and personalised message.

5. Availability

5.1. The entire purchasing procedure must be completed.

5.2. In cases where problems may arise concerning the availability of certain materials for the customisation options selected by the Customer, IBV will notify the Customer thereof as soon as possible (and, in all cases, within the delivery periods specified below) via e-mail or by telephone, and offer the Customer the possibility of selecting a different option as an alternative or cancelling the order. If the Customer decides to cancel the order, no charge will be made to their credit card. If the charge has already been made, it will be reimbursed in due course.

5.3. IBV reserves the right to modify the SUNFEET products placed on sale on the Site at any moment without prior notice.

6. Price and Payment terms

6.1. The prices of all SUNFEET products on sale on the Site include VAT. The payment for SUNFEET products acquired via the Service shall be made in Euros (EUR).

6.2. These prices are stated in Euros (EUR) for deliveries to Italy, France, Germany, Spain, the Netherlands, Sweden, Greece, Belgium, Austria, Denmark, Portugal, Finland, Ireland, Luxembourg, the United Kingdom and Switzerland.

6.3. The total amount displayed during the purchasing procedure includes shipping costs, as displayed in the shopping basket.

6.4. IBV reserves the right to change the prices of the products offered for sale on the Site at any moment without prior notice. The Customer will be charged the prices published on the Site when their order is confirmed.

6.5 IBV only accepts payments via Paypal and by credit/debit card, as displayed on the Site. IBV does not accept any payment method not included in the list displayed on the Site. The Customer must not attempt to make a payment via any method other than the ones specified in the list. If they do so, IBV shall not be responsible for the loss of the amount paid or any other damages that may arise from said action.

If the Customer selects credit/debit card as the payment method, the transaction will be charged to the Customer’s credit/debit card only after: (i) the credit card details have been verified (ii) authorisation for the charge has been received from the company that issued the credit card used by the Customer.

For payment purposes, the Customer declares and guarantees that they are the holder of the credit card used for the purchase and that the name stated on the card is their own. The Customer will then be required to enter the number, expiry date and security code which appears on their credit card. If, for any reason, it is not possible to charge the sums owed by the Customer, the purchasing procedure will be void and the sale will be cancelled automatically.

6.6. The delivery of products acquired will only take place after the details of the credit/debit card used by the Customer have been verified with the bank and once authorisation to charge the amount to said credit/debit card has been received.

7. Restrictions on the delivery of products

7.1. The products sold on the Site may only be acquired in and delivered to the countries listed above (article 2.1). Orders for delivery to countries other than those above will be rejected automatically during the order procedure.

The products will be delivered to the address specified at the moment the order is placed and their delivery will require the signature of the Customer or legal representative in cases where the Customer is a person aged under 18.

7.2. For security reasons, IBV cannot dispatch orders whose delivery address is a P.O. box or accept orders for which it is not possible to identify the addressee thereof or their address.

8. Delivery

8.1. The shipping costs, included in the total cost displayed in the shopping basket during the purchasing procedure prior to confirmation of the order by the Customer, consist of a lump sum which is charged to the Customer. The sums corresponding to each delivery location are displayed on the Site. The shipping costs, together with any other possible expenses related to the purchase, are indicated at the end of the order completion procedure, prior to confirmation. IBV will ask for the Customer’s express consent with regard to any payment in addition to the total payment envisaged for the main contractual obligation.
8.2. In accordance with the provisions established in art. 109 of the LGDCU, IBV will deliver the purchased products, except in cases of force majeure or unforeseeable circumstances, within a maximum period of 21 days from the date of formalisation of the contract. If IBV fails to deliver the requested products within said deadline, the Customer will be entitled to terminate the contract or urge IBV to make the delivery within an additional period which is appropriate given the circumstances. If the requested product is not delivered within the additional period specified, the Customer will be entitled to terminate the contract.
8.3. As soon as the parcel containing the requested products leaves IBV, our Customer Service Department will provide assistance for any matter related to the delivery. The Customer may contact the Customer Service Department of IBV via e-mail at: atencion.cliente@ibv.upv.es.
In accordance with art. 66. Ter of the LGDCU, the Customer shall assume the risk of loss of or damage to the requested products owing to causes not attributable to IBV only from the moment the Customer, or a third party designated thereby who is not the carrier, takes material possession of said products. The risk is deemed to be transferred to the Customer at the moment of delivery of the requested products to the carrier in cases where the Customer has chosen one other than that proposed by IBV, without prejudice to the rights of the Customer against the carrier.
8.4. To the contrary, in cases where the loss of or damage to the product is attributable to IBV, in accordance with the applicable legislation, the latter shall replace the product free of charge at the express request of the Customer, which must be sent to the aforementioned e-mail address.

9. Conformity of the orders

9.1. At the moment of delivery, the Customer must inspect the products to ensure that they match the items requested and have no manufacturing or other defects. In addition to any specific guarantees that are offered to the Customer with the delivered product, the sale of IBV products is also subject to the legal guarantees envisaged in Spanish law and, in particular, among others, those established in articles 114 et seq. of the LGDCU.
9.2. In such cases, the Customer will be entitled, free of charge, to remedy any lack of conformity by opting for the repair or replacement of the product, except where the option selected is objectively impossible or excessively onerous in relation to the other. In accordance with the provisions of Art. 121 of the LGDCU, the Customer may demand an appropriate reduction in the price or the termination of the contract. In all cases, the provisions established in the legal regime of arts. 114 to 124 of the LGDCU will apply. In the case of cancellation of the order, no charge will be made to the Customer’s credit card and if a charge has already been made, this will be duly refunded to the Customer.
9.3. In the case of the non-conformity of a delivered SUNFEET product that has been acquired via the Service, the Customer must process the complaint in the manner described in clause 10.
The Customer’s wish to benefit from the legal guarantee envisaged in the LGDCU in order to remedy any lack of conformity of the acquired products may only be exercised in the manner described above for any defects relating to the products purchased on the Site.

10. Withdrawal and complaints due to lack of conformity.

10.1. Withdrawal or cancellation of the order by the Customer prior to delivery.

The right of withdrawal does NOT apply to the purchases of SUNFEET products via the Service. SUNFEET products are customised. IBV will begin to create SUNFEET products immediately after receiving the order: therefore, by accepting the present General Conditions, the Customer gives their express consent and consequently, in accordance with the provisions established in article 103 of Legislative Royal Decree 1/2007, the Customer cannot withdraw from the contract or cancel the order once a confirmed order has been placed.

10.2. Return of orders after delivery – non-compliant products.

In cases where, upon delivery of a SUNFEET product acquired via the Service, the Customer observes any lack of conformity, the Customer must first, and within the legal deadline, send a written notification to IBV clearly expressing the reason for the lack of conformity, and their decision to exercise their rights in accordance with the provisions established in article 118 et seq. of the LGDCU.

This notification should be sent to IBV via e-mail to the following address: atencion.cliente@ibv.upv.es.
IBV will duly notify the Customer of the receipt of said notification.

10.3 Procedure for the verification of non-conformity.

After receiving the acknowledgement of receipt of the aforementioned notification, the Customer must send IBV the products acquired via the Service which they consider defective or non-compliant with their order within a period of 14 days.

The products must be sent, enclosing a copy of the notification of the defect or non-conformity, in their original packaging to the following address:
ATTN: Servicio de Atención al Cliente
ASOCIACIÓN INSTITUTO DE BIOMECÁNICA DE VALENCIA
Universitat Politècnica de Vàlencia – Edificio 9C
Camino de Vera s/n
46022 – Valencia (Spain)

Following the receipt at IBV of the allegedly defective SUNFEET product, IBV will assess the conformity or non-conformity of the product and will inform the Customer of the result using the same e-mail address from which the notification was sent within a deadline of 30 days. In cases where the Customer’s complaint is justified, IBV will repair, replace or reduce the price of the product or terminate the sale (with a reimbursement of the price in the latter case), in accordance with the applicable option in the current legislation and the decision made by the customer, reimbursing the price of the shipping costs.

In cases where the complaint is not justified, neither the price nor the shipping expenses will be reimbursed and the product will be available to the Customer once again at the facilities of IBV for 15 days, after which period the Customer will be deemed to have abandoned it.

11. Content generated by the Customer.

The Customer guarantees that all the Content generated by the Customer or any other information it sends for the configuration or customisation of the product is not or does not contain material that is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, actually or potentially, the rights of any third party or the applicable legislation.

The Customer also guarantees that all the material they send for the customisation of a SUNFEET product is their own original and has not been copied, in part or in whole, from any third party. The Customer must not send anything of a confidential nature.

The Customer acknowledges and accepts that IBV is under no obligation to check the Content generated by the Customer, nor is it in anyway responsible for said Content, and that IBV does not guarantee that the Content generated by the Customer is harmful, inaccurate, deceitful, offensive, intimidatory, defamatory, infringing, illegal or unacceptable by other means.

The Customer shall hold IBV harmless from any claim, sanction or compensation lodged by or granted in favour of third parties resulting from the conscious or unconscious breach by the Customer of the provisions established in this clause.

12. Limitation of liability

12.1. IBV shall not be liable for the incorrect use of the insoles by Customers. Incorrect use is understood to mean any use that exceeds their mere use for habitual practical comfort. As such, any attempt at orthopaedic use, etc., and in particular their use as raised insoles, are deemed beyond reasonable use.
12.2 In particular, except cases of fraud or gross negligence, IBV shall not under any circumstance be liable to the Customer for indirect, punitive, incidental or consequential damages that may arise from the purchase of the products offered for sale on the Site.

13. Authenticity of the products and intellectual property rights

13.1 IBV guarantees the authenticity and high quality of all SUNFEET products.
13.2 The "SUNFEET" trademark, in addition to all figurative and non-figurative trademarks and, in general, all the other commercial trademarks, illustrations, images and logos that appear on SUNFFET products and/or packaging or containers, regardless of whether or not they are registered, are and shall remain the exclusive property of IBV. The total or partial reproduction, modification, manipulation or use of said trademarks, illustrations, images and logos, for whatever reason and by any means, is strictly prohibited without the prior express consent of IBV.

14. Disputes

14.1. The sale of IBV products via the Service is regulated by Spanish law. Consequently, the present General Conditions are regulated by Spanish law, and in particular by Law 34/2002 and by Legislative Royal Decree 1/2007.
14.2. In the event of any dispute arising from the interpretation and/or application of the obligations of the parties resulting from the sale of SUNFEET products via the Service or from the present General Conditions, the parties, expressly waiving their right to any other jurisdiction, agree to submit to the Courts of the city of Valencia, Spain.

14.3. IBV reserves the right to make modifications and/or additions to the present General Conditions at any moment. Said changes and/or additions shall only apply to orders placed after the date of the modification and/or addition. The possible elimination of the present General Conditions from the website www.sunfeet.es implies the automatic and irrevocable inapplicability, invalidity and inadmissibility thereof against IBV in relation to purchases made after their elimination from the Site even in cases where said General Conditions may be consulted or are accessible to the public via websites other than the one specified above.

15. Contact details

15.1. To make any complaint, obtain additional information or assistance in relation to the Site or the purchasing procedure and, in all cases, for any request for information and/or clarification with regard to the provisions established in the present General Conditions, Customers may send an e-mail to the following address atencion.cliente@ibv.upv.es or contact the Customer Services Department of IBV at the following address:
ASOCIACIÓN INSTITUTO DE BIOMECÁNICA DE VALENCIA
Universitat Politècnica de Vàlencia – Edificio 9C
Camino de Vera s/n
46022 – Valencia (Spain)

Last updated: 24 September 2015. IBV.

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