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Terms & Conditions

This document (along with all the documents mentioned herein) establishes the conditions governing the use of this website (www.flamingoslife.com) and the purchase of product on the same (hereinafter "the Conditions") . Please read carefully these conditions, our Cookies Policy and our Privacy Policy (collectively, the "Data Protection Policy") before using this website. By using this website or placing an order through it you agree to be bound by these Terms and our Data Protection Policy. If you don't agree with all Conditions and Privacy Policy Data you should not use this website.

These conditions could be modified. It is your responsibility to read them periodically, because those in effect at the time of ordering or failing this will be applicable.

If you have any questions regarding the Terms or the Data Protection Policy you can contact us through contact@flamingoslife.com

1. GENERAL INFORMATION

In compliance with article 10 of Law 34/2002, of July 11, Services Information Society and Electronic Commerce, the following identifying data of the owner of the Website are as follows:

BLOOM ORGANIZATION, S.L. (hereinafter "FLAMINGOS' LIFE") is a corporation established in Elche (Alicante), Spain, Miquel Servet street, number 12, Hall 6 ZIP 03203 and email contact@flamingoslife.com. FLAMINGOS' LIFE is duly registered in the Trade Register.

2. PURPOSE OF THE WEBSITE

The purpose of the website is to provide the user with a platform to present the products and in its case to buy our footwear products and accessories.

In this sense, the user can know the products and buy or contract the products offered by FLAMINGOS' LIFE.

From the moment the user accesses and uses this website it is attributed the condition of USER. The use or access to this website implies knowledge and full acceptance of these Terms and that, at any time, can establish FLAMINGOS' LIFE. Consequently, it is the responsibility of visitors and users to carefully read the General Conditions of Use and Purchase force in each time you access this website.

If the user does not agree with any or all of the following terms must keep from accessing the website and / or to use the contents and / or services available.

In any case, by accessing the user accepts the general conditions of the contract.

3. PURCHASE OF PRODUCTS

3.1. How to Buy Products

To order products, you must follow the checkout process established on the Website, read and accept the Terms of Use and select "Finish and Pay" (the "Order"). After that, FLAMINGOS' LIFE will send an email confirming that the order has been accepted (the "Order Confirmation"). Also, we will inform you via email that the product is being shipped (the "Order Confirmation").

3.2. Product Availability

All orders are subject to Products' availability. In case, and once the Order Confirmation has been sent, the FLAMINGOS' LIFE product could not be available for any reason, we will contact the User as soon as possible communicating that fact. In this case, FLAMINGOS' LIFE can:

I. provide the user a product of similar characteristics and specifications originally requested with no increase in price, as long as they are consistent with the needs of the user; and / or

II. offer users rescind the order requested and refunding the amount paid by it, within (30) days.

3.3. Refusal to process an order

Although FLAMINGOS' LIFE will do its best to always process all orders, there may be exceptional circumstances that require you to refuse to process an order after having sent the Order Confirmation, so FLAMINGOS' Life reserves the right to do so at any time, in its whole discretion.

FLAMINGOS 'LIFE reserves the right to withdraw any products from the Website at any time and remove or modify any material or content that is not liable to the User or to any third party for the withdrawal of any Product Website regardless of whether the product has been sold or not, to remove or modify any material or contents of the Website.

3. 4. Delivery of Goods

With no prejudice to the provisions above clause 3.2 and unless extraordinary circumstances, once the Order Confirmation is sent the Products will be delivered to the address indicated by the User when ordering. This could take within approximate three to seven (3-7) bussiness days since they leave the FLAMINGOS' LIFE store. FLAMINGOS' LIFE doesn't assumes any responsability if the Product could not arrive to the destination within the period specified above as a result of the data provided by the User being false, inaccurate or incomplete, or if delivery can not be accomplished by random or unrelated causes to us or the shipping company, assigned for this purpose, as is the absence or retention User Product in Customs.

3.5. Undeliverable

If we are unable to deliver, we will try to find a safe place to leave your parcel. If we can not find a safe place, your product / s will be returned to our warehouse. We will leave a note explaining where your parcel is and how to ensure that it is sent again. If you are not in the place of delivery at the agreed time, please contact us to arrange the delivery on another day.

Please note that storage and redelivery of the product / s may have an additional cost.

3.6. Transfer of risk and ownership

The risks of the products will be in charge from the moment of delivery.

You will acquire the ownership of the goods when we receive full payment of all amounts due in connection therewith, including the cost of shipping, either at the time of delivery according to clause 3.4 above.

3.7. Price and Payment

The applicable price to each product will be published on the Website on the date on which the user to order. Although FLAMINGOS' LIFE seeks to ensure that all prices listed on the website are accurate, errors may occur. In this case, FLAMINGOS' LIFE will inform the user about the error as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If FLAMINGOS' LIFE fails to contact the user, the Order will be deemed canceled and the user will be refunded in full the amount paid.

FLAMINGOS' LIFE is not obliged to provide the user with any Product at an incorrect lower price (even if you Order Confirmation has been sent) if the pricing error is obvious and unmistakable and could have reasonably recognized by the user as price incorrect.

Prices may change at any time. However, the changes will not affect orders in respect of which FLAMINGOS 'LIFE have already sent you the Order Confirmation.

Users may pay by credit or debit cards Visa, Visa Electron, Mastercard, American Express or by PayPal. To minimize the risk of unauthorized access, data from the user's credit card will be encrypted. Whether the payment is made by credit or debit card or through PayPal, the charge will take place at the time when FLAMINGOS' LIFE send the Order Confirmation to the User.

In accordance with Article 68 of Law 37/1992 of December 28th, the Value Added Tax, the delivery of goods means located in the territory of application of Spanish VAT if the delivery address is Spanish territory except in the Canary Islands, Ceuta and Melilla. The VAT rate applicable shall be legally valid at all times depending on the particular item in question.

In orders to the Canary Islands, Ceuta and Melilla, deliveries will be found exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of taxes and custom duties pursuant to the regulations in force in each of these territories.

a) Export national shipments to Canary Islands, Ceuta and Melilla. DUA, IGIC, IPSI

Flamingos' Life provides customer information as an indication of shipments to the Canary Islands, Ceuta and Melilla.

Shipments to the above locations will be made only through Correos.

b) DUA import taxes

On arrival of the packages at their destination, the customs authority affects a DUA import, which can provide information only in an indicative way.

• In Melilla, there is no import DUA.

• In Ceuta, it has a fixed amount of 14 €.

• In the Canary Islands, it depends on the amount indicating the bill:

- If the purchase is less than 22 €, the import DUA carries an amount of € 6.60.

- If the purchase is 22 € or more, the import DUA carries € 13.74.

c) IGIC, IPSI

In addition of DUA, there are local or regional taxes that may pose an additional burden on your order. Also, we offer this information as a guide.

• In Ceuta and Melilla the IPSI (Tax on Production, Services and Imports) is applied and the applied rate is 10% on the value of the items.

• In Canary IGIC (Canary Islands General Indirect Tax) applied and the rate applied depends on the value of the declared goods invoice:

- If the purchase is less than 22 €, it is exempt from IGIC.

- If the purchase is 22 € or more, the IGIC taxed at 7% of the declared value on the invoice.

On all orders to the Canary Islands, Ceuta or Melilla we attache the invoice of purchase subject to the package for customs inspection. It is a legal obligation and invoice always comprise the full value of the goods sent.

You expressly authorize us to issue the invoice electronically. Also you may indicate if your desire to get a bill on paper at any time, in which case we will issue and send you the invoice in that format.

4. RETURN POLICY

4.1. Legal right to cancel the purchase

a) Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period will expire after 30 calendar days after the day you or a third party representing you, other than the carrier has acquired the physical possession of the goods or if the goods that make up your order delivered separately, within 14 calendar days after the day you or an indicated third party representing you, other than the carrier has acquired the physical possession of the last good.

To execute the right of withdrawal, you shall notify FLAMINGOS' LIFE at the address, Elche (Alicante), Spain, Miquel Servet street, No. 12, Hall 6, ZIP 03203, email writing contact@flamingoslife.comthe decision to withdraw from the contract by an unequivocal statement (eg a letter sent by mail or email).

To meet the withdrawal period it is sufficient that the communication concerning the exercise by you of this right is sent before the expiry of the deadline.

b) Effects of withdrawal

In case of withdrawal, we will refund all payments received from you, without any undue delay and in any event no later than 14 calendar days from the date on which you inform us of your decision to withdraw from this contract. We will proceed to carry out such reimbursement using the same means of payment used by you for the initial transaction. You will not be incurred with any fees as a result of reimbursement. Nevertheless, we may withhold the reimbursement until we have received the goods back or you have supplied evidence of the reimbursement, depending on which condition is met first.

You should restore or directly deliver products or request in our website to return through a messenger / courier, without undue delay, and in any event no later than 30 calendar days from the date you communicate us your decision to withdraw from the contract. The deadline is met if you send back the goods before the period has ended.

4.2. Return or replacement of defective products

In case you consider that at the time of delivery the product does not fit to the contract stipulations, you should contact FLAMINGOS' LIFE immediately through our e-mail to the contact address contact@flamingoslife.com providing the product data and reporting the defect / damage indicating that if you opt for a refund or replacement with an identical product.

The User can return without any additional cost any manufacturing defected product or size exchange or voluntary return. In this case, Flamingos' Life will send a returning receipt with which you could deposit in your closest postal office without any additional cost.

In any case. The product being returned must be not used and with all of its tags, labels, packaging, and where warranted, the original documentation and accessories supplied with the product. User agrees that the product may suffer depreciation or that FLAMINGOS' LIFE may reject its return if User fails to proceed as instructed, or if the product suffers any damage.

Once the relevant inspection of the returned product FLAMINGOS 'LIFE is done, we will communicate by email if you are entitled to a refund of the amount paid. Reimbursement of transportation expenses only take place if the right of withdrawal is exercised within the legal deadline and all items included in the order in question is returned. Reimbursement will be made as soon as possible, and in any case within 14 days from the date you have communicated your intention to withdraw. However, we may withhold the reimbursement until we have received the goods back or until you have supplied evidence of the return of the property, whichever condition is met first. The refund will always take place in the same payment method you used to pay for the purchase.

If you have questions, you can contact us through contact@flamingoslife.com.

4.3. Common provisions on refunds

The user must meet the following requirements to exercise the right of withdrawal, make refunds or replace products:

I. To arrange the collection of the product, the user must contact previously with FLAMINGOS' LIFE sending an email to the contact address contact@flamingoslife.com;

II Users may prove the right of withdrawal in any manner permitted by law, considered at all validly exercised by returning the product;

III. The product must be returned in the same condition in which it was received. FLAMINGOS' LIFE will not refund any amount if the product is damaged, so the user must be careful with the product while it is in their possession;

IV. Reimbursement will be made on the same means of payment used to pay the User Product.

5. USE OF THE WEBSITE

Users agree to use the Website in accordance with the law, morals, good manners generally accepted and the existing public order. Users are obliged to keep from using the Website for illegal purposes, contrary to the provisions in these Terms of Use, harmful to the rights and interests of FLAMINGOS 'LIFE or others or in any way damage, or damage the image or reputation of FLAMINGOS' LIFE or prevent the normal use or enjoyment of the products and services offered by FLAMINGOS' LIFE on the Website.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual rights in all material or content supplied as part of the website owned brand we are at all times to us or to whom we gave license to use. You may use this material only in the way they are expressly authorized by us or our licensors for use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contract details.

7. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You should not make an improper use of this website by the deliberate introduction of viruses, Trojans, worms, logic bombs or any other program or technologically damaging or harmful material. You do not try to have unauthorized access to this Website, the server where that page is housed or any server, computer or database connected to our website access. You agree not to attack this website through a denial-of-service attack or a distributed denial of service.

Breach of this clause could entail the commission of offenses defined by applicable regulations. We report any breach of those rules to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, it shall immediately cease to be authorized to use this website.

We will not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or other software or technologically damaging or harmful material that may affect your computer, computer equipment, data or material resulting from the use of this website or downloading content from the same or the same redirect.

8. LINKS TO THIRD PARTY WEBSITES

The links contained on the website, referring to publicity or other content, and which ownership or liability belongs to third parties, are not the responsibility of FLAMINGOS' LIFE, who in no way is obliged to control or approve services, content, data, files, products and any kind of material on the page or web pages. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

9. LIABILITY AND DISCLAIMERS

Unless otherwise expressly provided in these Conditions, our liability in connection with any product purchased on our website is strictly limited to the purchase price of that product.

However, unless otherwise provided by law sense, we not accept any responsibility for the following losses, regardless of their origin:

- Losses of income or sales

- Loss of business

- Loss of profits or loss of contract

- Loss of anticipated savings

- Loss of data, and

- Loss of management time or office hours

Due to the open nature of this website and the potential of the production of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained through this website unless it is established otherwise expressly therein.

All product descriptions, information and materials contained in this website are provided "as a certain body" without express or implied warranties about the same unless legally established. In this sense, if you hire as a consumer and user, we are required to deliver products which comply with the contract, responding against you for any lack of conformity which exists at the time of delivery of the product that is understood with the devices conform to the contract if: I. fit the description by us and possess the qualities that we have presented in this website II. They are suitable for the purposes for which products of the same type are used and III. presented the quality and habitual performance of a device of the same type that are reasonably expected.

10. CHANGES

11. CONTACT AND WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications that FLAMINGOS' LIFE send has to be written. By accepting these Conditions of Use, you agree that most of the communications with FLAMINGOS' LIFE will be electronic. FLAMINGOS' LIFE will contact with the user via email or by posting notices on the Website. The User consents to this electronic means of communication and you acknowledge that any notification, information and other communications that FLAMINGOS' LIFE send you electronically comply with legal requirements to be written.

For any question or incident related to the Orders, the user must contact FLAMINGOS' LIFE by sending an email to the following address: contact@flamingoslife.com.

12. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us and our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a contract or any rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract or any rights or obligations arising under it, at any time during its term. To avoid any doubt, those transmissions, assignments, encumbrances or other transfers will not affect the rights, if any, you, as a consumer, are recognized by law and will not be canceled, reduced or limited in any other way of warranties, whether expressed or implied that we had been able to bestow.

13. EVENTS BEYOND OUR CONTROL

We will not be responsible for any failure or delay in the performance of any of the obligations assumed, when it is caused by external events that are outside our reasonable ("Force Majeure").

Force Majeure Events includes any act, event, lack of exercise, omission or accident beyond our reasonable control and among others, the following:

I. Strikes, lockouts or other industrial action.

II. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.

III. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

IV. Inability to use trains, ships, aircraft, motor transport or other means of public or private transport.

V. Inability to use public or private telecommunications networks.

VI. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It is understood that the obligations will be suspended during the period that the Force Majeure Event continues, and we will have an extension in the deadline to comply with these obligations for a period of time equal to the duration of the Force Majeure. We will use our reasonable efforts to finish the Force Majeure or to find a solution that allows us to fulfill our obligations despite the Force Majeure.

14. JURISDICTION AND APPLICABLE LAW

The use of our website and product purchase contracts through said website shall be governed by Spanish law.

Any dispute arising or relating to the use of the website or to such contracts shall be submitted to the courts of your domicile.

In the event that the user is domiciled outside the Spanish Territory, the Company and the user shall submit, expressly waiving the jurisdiction that could correspond to the Courts of Madrid (Spain).

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