Terms and Conditions – General Conditions of Online Sale
Conditions of Sale (hereinafter “GCS”) regulate the purchase of the shoes and
accessory products of the brand “Easy Walk Experience“ (the “Products”) made by
any natural person qualifying as consumer (the “Customer”) – i.e., a natural
person who concluded a contract of purchase to meet the needs of daily life
beyond the corporate or professional activity (in compliance with the
provisions of Part III, Title III, Chapter I, of the Code of Consumption,
Decree-Law No 206/2005) – on the website of e-commerce www.easywalkexperience.com
The seller reserves
the right not to follow up the orders coming from individuals not covered by
the legal definition of “consumer”. In any case, where the purchaser does not
qualify as a consumer, the contract of purchase shall be regulated by the
Portuguese law, except for the 1980 Vienna Convention on the international sale
The Customer is aware
of the fact that:
. The website www.easywalkexperience.com belongs to ROPAR - Fabrico de Calçado Ortopédico, S.A., that is
a part in the contract with the Customer, pursuant to these General Conditions
of Sale (GCS)
Travessa de Santa Eufémia, 851, 4485-060 Vila do Conde, Portugal
Social 1.000.000,00 euros
. The orders can only be placed by persons of legal age and who are not
subject to any legal incapacity.
. The Contract is drawn up in Portuguese. In case of discrepancy between
the Portuguese version of the General Conditions and the versions drawn up in
another language and accepted by the Customer, the meaning and the
interpretation of general conditions in Portuguese shall prevail.
ARTICLE 1 – Subject
Matter and Conclusion of the Contract
ROPAR hereby sells to
the Customer, who buys at a distance, the Products on sale at website www.easywalkexperience.com
(the “site” or “website”).
The contract shall be
exclusively concluded on the internet, the Customer accessing the website and
sending a purchase order in accordance with the procedure provided for in the
website, which must be accepted by ROPAR. The purchase order placed by the
Customer on the website shall have the effect of a contractual proposal and
shall be regulated by these general conditions of sale which the Customer must
fully and unreservedly accept. For this purpose, the Customer, before placing the
order, undertakes to read these GCS and the pre-contractual information
provided on the webpage.
The contract of sale
shall be formalised when ROPAR sends to the Customer an order confirmation
e-mail. This e-mail shall contain the details of the Customer, the order
number, the price of the goods purchased, the shipping costs and delivery
address, where the goods will be sent to.
undertakes to check if all personal details included therein are correct and to
timely inform ROPAR of any corrections to be made.
In the order
confirmation e-mail, the Customer will also receive a link to download and file
a copy of these General Conditions of sale, under the provisions of Art. 51,
paragraph 1 of Decree-Law 206/2005, amended by Decree-Law 21/2014.
ARTICLE 2 –
Pre-contractual Information to the Consumer - Art. 49 of Decree-Law 206/2005
The Customer, before
the conclusion of the contract of purchase, shall be aware of the
characteristics of the goods when the Customer makes his/her choice. Before the
conclusion of the contract of purchase and before the sending of the order, the
Customer shall be informed of:
. Identification of the seller;
Total price of the goods including taxes, shipping costs and all other
costs being detailed;
. Method of payment;
. The deadline within which ROPAR undertakes to deliver the goods;
. The conditions, the terms and the
procedures to exercise the right of termination (Art. 6 of these conditions),
as well as the type of termination pursuant to annex I, part B of Decree-Law
21/2014; existence of the legal assurance of conformity for the purchased
. The envisaged post-sale assistance conditions and commercial guarantees.
ARTICLE 3 -
Availability of the Products
The availability of
the products indicated on the website refers to the effective availability at
the moment when the Customer places the order. Such availability should however
be considered as indicative as, due to the simultaneous presence of various
users in the Website, the Products may be sold to other Customers before the
confirmation of the order.
Where the products
ordered are not available for reasons beyond the control of ROPAR, the order
shall be automatically rectified by deleting the unavailable product.
ARTICLE 4 – Prices
All the prices of
sale of the products indicated on the Website are expressed in the local
currency and include all the taxes to be borne by the consumer.
The shipping costs
are not included in the price of the Products, but are indicated and calculated
at the moment of completion of the process of purchase and before the payment
is made. The shipping costs are 3,99 EUR, both for Portugal and Spain, except
when ROPAR is not charging shipping costs, and in that time the value will be
In case of computer,
manual, technical error or error of any other nature which may lead to a
substantial change not envisaged by the seller of the price of sale to the
public which makes it extortionate or clearly derisory, the purchase order
shall be considered invalid and shall be cancelled, and the amount paid by the
Customer shall be refunded within 14 days as of the dated of cancellation.
ARTICLE 5 – Method of Payment
ROPAR accepts various
methods of payment, such as, for instance, Credit Card, Debit Card, PayPal and
ATM. It is not possible to make payment “on delivery”.
concerning payment and the data provided by the Customer shall be transmitted
by lines protected for that purpose. The security of the payment with Credit
Card shall be guaranteed through the protocol of TLS (Transport Layer Security)
encrypted data transmission.
For each order placed
on the Website, ROPAR shall issue a tax receipt concerning the goods shipped.
ARTICLE 6 – Right of Termination
In compliance with
the provisions in force, the Customer is entitled to terminate the purchase
without any penalty and without justification, within 14 days as of the date of
receipt of the products.
A Customer intending
to exercise the right of termination shall communicate this fact by means of an
explicit declaration, which can be sent by the means indicated in the
instructions of return contained in the package received with the goods or by
contacting our customer services by phone or e-mail. You may contact ROPAR by
mail at the registered address above, by phone on 351 220 950 034, from Monday
to Friday, between 09:00 to 13:00 and 14:00 to 18:00 (Lisbon time), or by email
In case of exercise
of the rights of termination the Customer is required to return the goods within
14 days as of the date of the communication to the seller of his/her intention
to terminate the contract in accordance with Art. 57 the Decree-Law 206/2005.
It is a duty of the
Customer to correctly follow the instructions contained in the package he/she
received with the goods and which are indicated on the Website as to be used
for the returning the products.
The goods shall be
returned in full, in its original package, complete in all its parts (including
the price label, the material of the package and any documentation and
accessories) and all the enclosed tax documentation. If the client decides to
return the package directly to ROPAR, by mail, the costs are of his/her
respect with the above provisions, ROPAR shall refund the amount of the
products concerning the termination within 14 days, using the same payment
method of the purchase. If you paid via bank transfer you need to provide your
bank details to Customer Service when you initiate the return so we can refund
the amount directly to your account. No
other refund form will be accepted.
The points of
delivery of the goods to be returned are:
- In Portugal: at the points of collection of CTT; ROPAR
stores* (Arcopedico stores) or by mail;
- In Spain: at the
points of collection of SEUR; ROPAR stores* (Arcopedico stores) or by mail.
In stores, the return
of the good is accepted, but the refund of the amount will be made within 14
days using the same payment method of the purchase. No other method accepted.
Product changes are allowed but only if it is to change for other number and/or
colour within the same product collection.
Arcopedico stores are:
Lisbon: Chiado, Rua Ivens, 70
Gran de Gracia, 26
Madrid: Calle Conde
de Peñalver, 20
Comercial Torre de Sevilla, local 57
Vigo: Avenida of
Gran Vía, 24
*This return service is not available in stores that supply Easy Walk
Experience products and do not belong to ROPAR. The only valid stores are the
ones written above.
Instructions to Return the Product:
. Fill in the “Return Label” sent with your package;
. Pack the product with the “Return Label” (pack it in the original box,
you can use different packages but we strongly encourage recycling where
. Send back the package (delivery at a Arcopedico store, Pick-Up point
or send it directly to ROPAR - costs supported by Client);
. Wait for return confirmation and refund.
The Customer is responsible
for the reduction of the value of the goods resulting from a manipulation
beyond what is strictly necessary to establish the nature, the characteristics
and the functioning conditions of the goods. Therefore, where the Products
returned are damaged (for example, with signs of deterioration, abrasion,
risks, removal of labels, removal of the ornaments, deformations, etc.), not
completed with all the elements and accessories (including the labels and
unchanged cards and affixed to product), not including the enclosed
instructions/notes/manuals, of the packages and original packages and of the
certificate of guarantee, If any, the Customer shall be liable for the
reduction of the patrimonial value of the goods, and shall be entitled to the
refund of the amount equivalent to the residual value of the Product.
In accordance with
the provisions of Art. 56, paragraph 3 of Decree-Law 206/2005, amended by
Decree-Law 21/2014, ROPAR can suspend the refund until the receipt of the goods
or until the presentation by the Customer of proof of the sending of the goods
to the seller.
ARTICLE 7 – Legal Assurance of
Conformity – Procedure for its Use
Pursuant to European
Directive 44/99/CE and to Decree-Law 84/2008, ROPAR assures to the Customer
that the Products do not have design or material defects, and are in compliance
with the descriptions published on the Website during a period of 2 (two) as of
the date of delivery of the Products to the Customer.
Upon arrival of the
goods, the Consumer is required to examine Products as soon as possible, and to
report any defects or non-conformities within 2 (two) months after detection –
otherwise this warranty shall expire -, and shall contact ROPAR Quality
Department, by phone or e-mail, specifically indicating the detected defect
and/or non-conformity, as well as the corresponding documentation indicated in
the return form (at least one photo of the Product, the confirmation of the
order sent by the Seller and the tax receipt).
Following the receipt
of the form and corresponding documentation, ROPAR shall assess the defects and
non-conformities reported by the Customer and, after having performed the
qualitative control necessary to check the effective non-conformity of the Product,
it shall decide, based on its criteria, if it authorises the return of the
product in question, sending to the Customer a response by e-mail to the
address provided by the latter during the process of registration to the
Website. The authorisation to return the Products does not mean in any way a
recognition of defects or non-conformities. Where, following a subsequent
check, the Products should not be covered by the warranty, they shall be
returned to the Customer.
The application of
any warranty is excluded in case of use or washing of the Product that is not
in compliance with the product and the instructions/warning provided. To be
entitled to assistance under the warranty, the Customer shall keep and present
the tax receipt of the purchase.
ARTICLE 8 – Method of Delivery
ROPAR shall only
accept order to be delivered in Portugal and Spain, as well as other countries
that may be indicated on website in the future. The products shall be delivered
by carrier to the addressed indicated by the Customer at the moment of the
order, within an estimated period of 72 working hours, except for the following
territories: Azores, Madeira, Canary Islands, Ceuta, Melilla and Ibiza, for
which the estimated delivery period is 5 working days.
Please note that the actual delivery of your order can be impacted by
many events beyond ROPAR’s control once it leaves our facilities. As ROPAR
takes care of the dispatch of the products you purchase at www.easywalkexperience.com,
the risk of loss of, or damage to, product(s) shall pass to you, or a person
that you indicate, when you acquire physical possession of the product(s). Title
in the product(s) shall pass to you when the product(s) is picked up by the
carrier from our warehouse. If there are any issues with delivery, please
If you have received your order and find that it is damaged, please
contact ROPAR. If the damaged is visible in the exterior of the package, please
do not accept it, detailing in the delivery receipt the reason of the refusal.
Any complaint of no reception of the order must be made within a maximum of 30
days after the date that the order was placed. After this time, ROPAR cannot be
held responsible for the loss of the package.
ARTICLE 9 - Liability
A ROPAR shall not be
liable for any non-fulfilment due to reasons of force majeure or unforeseeable
circumstances, including if they depend on failure or anomaly of the Internet,
in the cases where it is not possible to execute the order in the period
provided for by these General Conditions of Sale.
Both in case of
exercise of the right of termination and of exercise of the conformity
warranty, if the goods cannot be accepted by the seller because they do not
meet the requirements necessary to the rights provided for by articles 6 and 7
above, the articles shall be returned to the customer, and the customer shall
bear all the cost related with the return of the products. The Customer
recognises and unconditionally accepts that ROPAR, after a period of 30 days
has elapsed after ROPAR has communicated to the Customer that the goods are at
his/her disposal, can dispose of the goods not collected by the Customer, in
accordance with the law.
ARTICLE 10 – Final Clauses
The Products shall be
sold with the characteristics described on the Website at the moment of the
sending of the order by the Customer.
ROPAR reserves the
right to modify these General Conditions of Sale at any moment, without the
need to send a prior notice to the users of the Website. Any modifications made
shall be effective as of the date of publication on the Website and shall only
apply to the sales made as from that date.
The prices, the
Products on sale on Website and their characteristics are subject to changes
without prior notice. Before sending the purchase order, the Consumer shall be
invited to confirm the final sale price.
Conditions of Sale are constituted by all the clauses that compose it. If one
or more provisions of these General Conditions of Sale should be considered
invalid or declared as such in accordance with the law or the regulations or
following a decision of a court, the other provisions shall remain in force and
11 – Applicable Law and Jurisdiction
Conditions of Sale are subject to the Portuguese law. Given that, in case of
dispute, the Entities for Alternative Dispute Resolution are a faster, less
bureaucratic and less expensive solution than the judicial means, it shall be
the preferential way of resolution of any disputes.
solution, in accordance with UE Regulation No 524/2013, the consumer is
entitled to try to resolve the disputed extra judicially by accessing the online
platform of resolution of disputes, using the following address: http://ec.europa.eu/consumers/odr/