Terms and Conditions – General Conditions of
Online Sale
General
Provisions
These
general conditions of sale (hereinafter “GCS”) regulate the purchase of the clothing
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 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 of goods.
The
Customer is aware of the fact that:
·
The website 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)
Sede Legal: Travessa de Santa Eufémia, 851, 4485-060 Vila de Conde,
Portugal
Capital Social 1.000.000,00 euros
NIF: 500235660
·
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 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.
The
Customer 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 that are described in the individual product sheets,
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 goods;
·
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 Euros, both for Portugal
and Spain, except when ROPAR is not charging shipping costs, and in that time the value will be 0.00 EUR.
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 shall not be possible to make payment “on
delivery”.
The communications 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.
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.
The goods shall be resent to ROPAR using the pre-paid adhesive label
that the Customer will find inside the package that came with the goods. By
using such label, the direct costs with the return of the products shall be
borne by ROPAR.
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.
After confirming respect with the above provisions, ROPAR shall refund
the amount of the products concerning the termination within 14 days.
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 at the customer’s
domicile upon request of the return of goods.
- In Spain: at the points of collection of SEUR; Ropar stores
(Arcopedico stores) or at the customer’s domicile upon request of the return of
goods.
Arcopedico stores are:
-Portugal
Lisbon: UBBO, P1- Avenida Cruzeiro Seixas 5 e 7, Amadora
Lisbon: Chiado, Rua Ivens, 70
- Spain
Barcelona: Calle Gran de
Gracia, 26
Madrid: Calle Conde de Peñalver,
20
Seville: Centro Comercial Torre de Sevilla, local 57
Vigo: Avenida of Gran
Vía, 24
The part of the direct costs of the return borne by
the customer corresponds to 3,99 Euros.
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.
ROPAR shall make the refund by using the same method of payment chosen by
the Customer at the moment of purchase.
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 – Mehod of delivey
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 48 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.
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 no 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.
These General 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 fully effective.
ARTICLE 11 – Applicable law and jurisdiction
These General 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.
Besides this solution, in accordance with UE Regulation No 524/2013, the consumer is entitled
to try to resolve the disputed extrajudicially by accessing the online platform
of resolution of disputes, using the following address: http://ec.europa.eu/consumers/odr/