GENERAL TERMS AND CONDITIONS OF SALE
The offer and sale of products on the web site www.creeperscustom.com are governed by these General Terms and Conditions of Sale.
The Customer is obligated to read these general conditions of sale carefully before placing an order. Sending the purchase order implies that you are fully aware of, and expressly accept, the above-mentioned general conditions of sale and the terms on the Order Form.
Once the online purchase is concluded, the Customer is required to print and keep these general conditions of sale and the relative order for, which he has already reviewed and accepted.
www.creeperscustom.com (the "Website") is owned by and/or operated by or on behalf of Pinsoup España S.L., B70465067, Algalia de Abaixo nº 3, 15704, Santiago de Compostela, España.(hereafter "Pinsoup /we/us").
If you place an order through this Website, upon confirmation that such order is accepted a sales contract will be executed between you and us, which will be governed by these Pinsoup Terms and Conditions and specifically by the Purchase Terms mentioned below.
You must accept the Terms, in full, before using this Website. You can accept the Terms in two ways:
(1) By clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you, and
(2) By actually using the Website.
BY VISITING OR BY ANY OTHER USE OF THE WEBSITE, YOU AGREE TO HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS, IN FULL.
Except as otherwise provided, The Terms are subject to change at any time. Your continued use of the Website following any changes shall constitute the user's acceptance of such changes. Please, therefore REGULARLY consult our website to be aware of the most recent terms.
If you do not agree to this Use of the Website Terms and Conditions, please leave the Website immediately.
4 SPECIAL FEATURES OF OUR PRODUCTS AND SERVICES: MANUFACTURING UNDER ORDER
The Website offers a service consisting on bespoke shoes, tailored to the customer taste. All our products are made under order.
Customer must choose model (creepers low sole, creepers double sole, creepers pointed, gibson, monsktrap, beat boot, chelsea boot o steel cap), right size, main material (suede, leather, fur) and colour layout, always using the drop-down menus that appear for every product and to realize the order across the website.
Orders are not accepted by phone, sent directly to the e-mail or by any other channel that is not the order form of the website.
Customer understands and assumes that he is the only one responsible for the information that he facilitates across the order form for the manufacturing of his footwear: in this regard it will be taken into account only the data concerning size, colours, materials and any other additional information provided by the customer. We decline any responsibility for mistakes made by the customer at the moment of choosing these parameters.
Please, find your creepers custom's size, before make an order
In describing and providing images of our products on the website, we try to be as accurate as possible. However, we do not guarantee that product descriptions or other content of the Website are accurate, complete, reliable, up to date or error-free. We reserve the right to correct any typographical errors, inaccuracies or omissions relating to product descriptions, prices and availability, at any time and without notice, so please review it frequently.
5. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the Pinsoup Website. Please, note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by Pinsoup. In other words, you agree to these Purchase Terms, when you order anything from our Website.
Pinsoup offers customised products, although designed by Pinsoup, are subject to customization or modification by our customers, selecting materials and colours according to their taste. Our work is handcrafted, under order and purely manual, therefore each product is unique, no two are alike!
You may customise your products choosing an article designed by Pinsoup and modifying it at your taste from the available options, making it personal. Making it personal means, for example, to choose the material, the colour, the sole, the welted, or also, adding logos, shields, numbers, flags, symbols, … We reserve the right to remove inappropriate language, logos, flags, symbols,…. Also keep in mind that some special characters are not supported by our manufacturing system.
Inasmuch as the order includes customised products manufactured or adapted according to customer specifications, you will not have right of return or right of withdrawal (art. 103 de la Ley 3/2014 de 26 de marzo por la que se modifica el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios).
We have made every effort to display as accurately as possible the colours and finishes of our products that appear at the Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate, complete, reliable or error-free. So colours and finishes will be indicative and do not have a binding/contractual value. Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Pinsoup is not liable for these variations and deviations.
On the other hand, please remember that our products are hand-dyed what influences the final colour, tone and nuances of colour; no two are alike!
5.2 Requirements to conclude a contract with Pinsoup
You have to be 16 years of age or older to buy Products via the Website.
You guarantee that the information you provide to Pinsoup in the request or order is accurate and complete.
Pinsoup reserves the right to refuse orders from a customer who was sued by a previous order. This applies equally to all cases in which www.creeperstienda.com considers the client to be unsuitable, including by way of example, the case of previous violations of the contract conditions for online purchases from the site or for any other legitimate reasons, especially if the customer was involved in any kind of fraudulent activity. We reserve the right, without prior notice, to limit the order quantity on any product or service (e.g. to avoid acceptance of false orders) and/or to refuse service to any customer (e.g. in cases where the verification of payment details fails).
5.3 Contract between Pinsoup & customer
After your order has been placed, we will send you an order acknowledgement email. Acceptance of your order and the formation of a contract of sale between you and Pinsoup will take place when you will receive an e-mail from Pinsoup which confirms the purchase, once made the order.
5.4 Maintenance of products
Pinsoup draws your attention to the cleaning and maintenance instructions printed on the labels of the Products. Pinsoup is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the following instructions.
The most important about footwear care is to use always well-known brands; we do not recommend using white and unknown brands. It is important to first know that all kinds of leather needs hydration and waterproofing, if not over time the leather become dry, the color gets damaged and leather starts to crack.
LEATHER: you must be very careful, beginning for removing the powder with a dry cotton cloth. It is possible to give the colourless shoe cream or to the tone of the leather. If it is a tone that is far from the natural brown or of the black the best is a colourless, thus shoe cream will not leave spots on the surface. Do not use too much cream. Pay special attention to “Aged Finish” or “vintage”, to clean with a cloth of dry cotton, avoiding the use of abrasive shoe creams. In case of doubt, please contact us: email@example.com
SUEDE: The best is to use a special spray for this type of material in order to avoid possible stains. Watch out, you must not to give any type of cream, this way always suede will support his finished "velvety".
To start a cleanliness of suede shoes you will have to have to a soft brush to remove the dust, special suede brushes (crepé, nylon, brass) and a crepé eraser (gum) or an eraser.
It is recommended to apply a renovator spray to hydrate, smooth and recolor the suede. However, the rainy season, we advise you to applying a waterproofing spray in addition to the renovator. What is more, if possible, before the first wear we advise you to waterproof your shoes in order to protect them against rain, moisture and stains of all kinds. Therefore,
•To remove dust and dirt using a special brush, always in the fur direction so that it does not get damaged.
•To clean small stains on suede shoes use a crepe eraser or an eraser.
•Remove the eraser traces with brushes and apply the necessary sprays.
Except where indicated otherwise in writing, all Product prices and shipping and delivery expenses indicated on the web site and in the Order include VAT and are expressed in Euros (EUR). The validity of the prices shown is always and only that indicated on the web site at the time the Order is sent over the Internet. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. So, check the final sale price before sending the relative Order.
Pinsoup reserves the right to change, limit or terminate any special offers or discounts at any time.
Pinsoup charge shipping costs. The shipping costs vary for each product and type of delivery. There is a delivery option: “Standard delivery”
For further shipping cost details, please visit, Delivery section on our Website. These costs will be charged separately, itemized and added up with the total amount of the order.
Product prices and shipping and delivery expenses shown on the web site and on the Order do not include any customs duties or taxes if shipping to countries outside the EU or to countries in which current law requires importation fees.
5.6 Methods of payment
Please check the Website for information on available payment methods (bank transfer, credit / debit cards, PayPal...)
When you request an invoice, or we are required by applicable law, Pinsoup reserves the right to issue or provide available electronic invoices and you agree to such form of invoicing.
When you place an order on our Website, we will ship your order to the address designated by you as long as that shipping address is within the country of purchase and compliant with the shipping restrictions set out on the Website. We may require verification of information prior to the acceptance and/or shipment of any order and/or at the time of delivery.
Deliveries will be done on business days, not being a public holiday in your country or in the area in which our Pinsoup warehouse is located. Therefore, please, take into account any public holidays including any national, provincial and/or local holidays in your country of residence and in the city of Santiago de Compostela (Pinsoup warehouse address). Note that public holidays may vary per country and per year. We suggest checking all public holidays to get a better estimation of delivery periods.
Note that Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.
Note that Customised Products with logos, flags, symbols or changes on product design takes some time extra manufacturing. This means that delivery of an order that includes this Customised Products will take until 1 week later. We would like to stress, however, that Customised Products order across the website customise tool will be delivered approximate 4/6 weeks.
Pinsoup entitled, insofar as reasonably possible, not to make fractional deliveries of orders which includes several products. However, if it is you who request delivery of parts, Pinsoup will change additional shipping costs.
5.9 Right of withdrawal (Ley 3/2014 de 26 de marzo por la que se modifica el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios):
Art. 102 de la Ley 3/2014: The consumer and user will have right to desist from the contract during a period of 14 calendar days without having to give any motive, except the following exceptions foreseen in the article 103:
c) Delivery of goods that are made to consumer’s specifications or which are clearly tailored
d) Delivery of goods which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.
Therefore, since our products are made to order according to customer specifications, you do not have a legal right of withdrawal for made orders.
Nevertheless, Pinsoup grants you the following EXCHANGE GUARANTEE. This Pinsoup voluntary guarantee does not affect your legal rights.
The Pinsoup products are handcrafted made exclusively for you according to your instructions. It means that products are created just for you .As customer you are the only responsible for the choice of model and size.
However, if after receiving the product does not fit your foot, you can ask for a size change within 14 calendar days following of receipt. The change period will be 14 days from the date you or a third party named by you, who is not the carrier, have/has taken possession of the goods.
The product should be returned unused, with original labels and in its original packaging. Promotional materials that may accompany the product (stickers, badges, flyers ...) are considered a gift to the customer and not have to be returned.
You must send back or submit the goods immediately, but in any event no later than fourteen (14) days from the date you requested us the EXCHANGE GUARANTEE.
All the shipping costs derived from this size exchange will be payed by the customer: the cost of returning the product and the cost of shipping the new product manufactured in a new size.
This exchange guarantee does not apply to customised products with fur materials, logos, flags, symbols, or changes in the product design.
From 01/06/16 if the product is discontinued ( basic line and sneaker line), it will be of no effect any return (refund, changing sizes..); of the above mentioned products we only offer repair.
Pinsoup reserves the right to analyze each order individually for granting this exchange guarantee.
For request this EXCHANGE GUARANTEE:
A) For request a new pair in another size you must send us an e-mail to firstname.lastname@example.org for instructions and a return address
B) The returned pair will be examined by specialists. If it is used, it is sent without his original label, without his original packaging or it is damaged, it will be sent back and will not proceed to exchange.
C) All the shipping costs derived from this size exchange will be payed by the customer. If the exchange is rejected for the reasons given, return costs will also be paid by customer.
5.10 Return of Damaged or defective Products
For Pinsoup, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective.
If a product is defective, contact us for return instructions by sending an email to customer service: email@example.com
Returned Products are inspected by the Pinsoup Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
You only have to pay for any diminished value of goods if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the goods.
If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you. We do not refund Products:
1. Obtained from a source other than www.creeperscustom.com
2. Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp objects, etc)
3. Damaged by misuse or activities other than the intended purpose (use of shoes for sports or as work boots, etc)
Please note the life expectancy of any Pinsoup product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. We are not able to replace products damaged by normal wear and tear or that have exceeded the reasonable life of the product.
The return costs of defective products will be account by Pinsoup as long as these are reasonable expenses and as long as such returns are made in accordance with section 5.10. Returns not made in accordance with section 5.10 shall be at your own risk and at your expense. The defective products must be returned unused, complete and in their original packaging.
The length of time your return is in transit is beyond our control, despite us processing your return immediately upon receipt. We shall refund the costs of defective product(s). Refunds will be made using the same type of payment as was used making the original purchase.
Please note that Customised Products have been designed specifically for you. This means that (without this affecting your statutory rights) we cannot accept returns of these products, unless they have manufacturing defects. If you have questions regarding the return of customised products that were purchased from the website, please send us an email to our Customer Services Team: firstname.lastname@example.org
Our Customer Service team is available to assist you Monday through Friday from 9:00 to 19:00. Please don't hesitate to contact us with your questions and comments.
6. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any Pinsoup content on social media websites, including without limit Facebook, Twitter & Instagram (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Terms and Conditions, please leave the Website immediately.
6.1 Content on the Website
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Pinsoup or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Pinsoup, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Pinsoup unless otherwise expressly agreed. All such rights are reserved.
6.2 Copyright and trademarks
The copyright in all Content is and remains owned by Pinsoup. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Pinsoup. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
6.3 Disclaimer of warranties
The Website and the Content are free of charge and provided 'as is' and without any guaranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
Pinsoup does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Pinsoup will not provide for specific IT infrastructure or connectivity. Thus Pinsoup cannot represent or guarantee the Website will be uninterrupted or error free. Pinsoup does not make any guaranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
6.4 Limitation of liability
Your use of the Website is at your own risk. Neither Pinsoup, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if Pinsoup has been advised of the possibility of any such damages.
6.5 Misuse of the Website
It is forbidden to use the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Pinsoup may deny you access to the Website at any time in its sole discretion, and which shall include situations where Pinsoup believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
6.6 User generated content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Pinsoup shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Pinsoup only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Pinsoup shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Pinsoup be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Pinsoup. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Pinsoup indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Pinsoup related to any User Generated Content posted or transmitted by you or your other use of the Website.
Pinsoup reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Pinsoup believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Pinsoup.
You agree to promptly notify Pinsoup in writing (see How to contact us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Pinsoup sufficient information to enable Pinsoup to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Pinsoup agrees to make good faith efforts to investigate such complaint and shall take such action as Pinsoup in its sole discretion decides. However, Pinsoup does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
7.1 How can you contact us?
If you have any questions or comments about the Website or the Pinsoup Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact our Customer Service: email@example.com.
Alternative, if you prefer to call us, please do so, at number +34 722742242.
In case of contradiction between Pinsoup Terms and Conditions and any content contained in other parts of the Website or in links, Pinsoup Terms and Conditions contained in this document prevail.
7.3 Amendments to the Pinsoup Terms and Conditions
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us will be subject to the version of the Pinsoup Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website.
Please check the Pinsoup Terms and Conditions periodically for changes.
7.4 Data protection
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
Each provision of the Pinsoup Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Pinsoup Terms and Conditions.
7.6 Sub-contracting and assignment
Pinsoup reserves the right to sub-contract, transfer or assign all or any of our rights and obligations under Pinsoup terms and conditions provided that your rights under Pinsoup terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Pinsoup terms and conditions without our consent in writing.
7.7 Events beyond reasonable control
Pinsoup will be not held responsible for any delay or failure to perform or comply with our obligations under the Pinsoup terms and conditions when the delay or failure arises from any cause which is beyond Pinsoup’ reasonable control.