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/