I – PURPOSE, SCOPE AND DEFINITIONS
1) These general conditions regulate the sale, including registration, ordering and access to “Softwalk” products offered by RICAPOR, LDA with NIPC 514 666 358, registered at CRPCA of Guimarães with the same number, based at Rua of São Mamede, 824, parish of Penacova, municipality of Felgueiras, on the Internet site www.softwalk.pt and apply to all contracts of purchase and sale of “Softwalk” products entered into between Ricapor, Lda and any user who order through the said Internet site.
2) For the purposes of these general conditions, the following definitions shall apply:
a) “Softwalk” – The products commercialized by RICAPOR (RICAPOR, LDA) on the page / Internet site with the address above and supplier of the goods available for ordering on the same page site;
b) – “User” – Any natural person, non-merchant, who orders through www.softwalk.pt;
3) These general conditions do not exclude the rights and guarantees of the User contained in the legislation in force for contracts of this nature.
II – ACCEPTANCE
1) The conclusion of contracts for the purchase and sale of Softwalk products presupposes the knowledge and acceptance of the General Conditions by the User.
2) By accepting the General Conditions, you confirm that you have read the General Conditions, have the legal capacity to accept them and to enter into the contract for the purchase and sale of Softwalk products.
III – REGISTRATION
1) In order to place an order, the User must first register by filling out the fields on the form www.softwalk.pt.
2) After registering as a customer, the User may access his personal account online, by logging in after the introduction of a personal and non-transferable keyword, chosen by him at the time of registration.
3) As soon as you access your personal account online, the User is subject to these general conditions, as well as the legal and regulatory rules that govern their operation and use.
IV – SOFTWALK PRODUCTS
1) The website www.softwalk.pt is aimed at users of Softwalk products who wish to purchase Softwalk products from their home or workplace and for 24 hours a day and 7 days a week.
2) Information on the essential characteristics of Softwalk products can be found at www.softwalk.pt. .
3) RICAPOR reserves the right to modify, at any time, the information, the offer of Softwalk products, prices, promotions and commercial conditions, presented on the website www.softwalk.pt.
V – ORDER ORDER
1) After accessing your personal account created at www.softwalk.pt, the User may proceed to the online purchase of Softwalk products, using the following steps:
a) Select, through the search icons or menus, the product (s) desired by the User;
b) Adding the selected product (s) to the User’s Shopping Cart;
c) Registration of the personal data of the User, with the option of integrating them in the database of RICAPOR under the terms provided in the General Conditions;
d) Indication of the “Place of Delivery”, “Place of Billing” and the “Payment Method”;
e) Entering the User’s Tax Identification Number (NIF);
2) RICAPOR will make available all the details of the purchase through the site www.softwalk.pt, allowing the identification and correction of any errors and request acceptance of the terms and conditions of the purchase, as well as the General Conditions;
3) The User will be informed of the status of his order / order by receiving an e-mail regarding the “Order” and a second message, after validation of the payment, regarding “Order Completed”.
4) Finally, the order / order of the User will be delivered by the logistic operator in the “Place of Delivery” indicated in the purchase process and with its detailed invoice.
5) The execution of the online order of products included in the “Shopping Cart” translates the acceptance of the purchase of the same, by the prices and in the terms described on the site www.softwalk.pt, by the User, orders through the website www.softwalk.pt with prices, terms and conditions advertised on it.
6) In the event that RICAPOR, for any reason, does not accept the User’s request, to which RICAPOR expressly reserves, the User shall be informed accordingly.
7) Satisfaction of all orders made at the above mentioned site is subject to the availability of RICAPOR, which will try to ensure that all products offered for sale on the site are in stock. However, RICAPOR reserves the right not to accept any orders or cancel orders already confirmed for products for which there is no stock, and in these cases, RICAPOR will inform the User of this fact and will reimburse the value received in the within 14 days.
8) RICAPOR will not accept orders for which one of the following situations occurs:
a) The “Place of Delivery” is outside Continental Portugal and Continental Spain;
b) The billing information is not correct or verifiable;
c) The order will be flagged by the Automatic Security Systems as an incorrect order or an order that is susceptible to fraud;
d) The product is not available in the RICAPOR warehouses (in which case the User will not be able to add the product to the “Shopping Cart”);
e) If the order can not be delivered to its address;
g) Do not confirm the payment;
VI – PRICES
1) All prices for Softwalk products indicated on www.softwalk.pt, include Value Added Tax (VAT), at a rate of 23% or at a rate that, at any time, results from the legal provisions in force. The total VAT payable by the User will be indicated on the invoice to be sent to the User.
2) Prices for Softwalk products, as well as their characteristics, are subject to change without prior notice by RICAPOR. Nevertheless, said changes will be published on the website www.softwalk.pt in order to keep the users informed, so it is understood that the User knew them before ordering.
3) If there is any error in the price of the requested products, either RICAPOR or the User may, at any time, until the products are despatched, cancel the order request.
4) Prices are always subject to final validation and according to invoice issued regarding the purchase.
VII – FORMS OF PAYMENT AND SAFETY
1) To promote the privacy and security of the documents and information to be transmitted over the Internet, the User may pay for their purchases through the entity HiPay Compra Fácil, headquartered at Rua Joaquim Bonifácio, 21 – 3º andar 1150-195 Lisboa, Portugal .
2) For this purpose, HiPay Compra Fácil, will make payment available through an ATM or credit card reference (Visa, Master Card), Payshop or Sofort Banking, and whose terms and terms are available at the moment of the consultation / payment.
VIII – DELIVERY EXPENSES
1) The standard delivery expenses will be borne by RICAPOR, for Continental Portugal and Continental Spain, in an average delivery time that can vary between 2 to 5 business days.
2) The average delivery times indicated are based on the date of shipment of the order and are presented on working days (Saturdays, Sundays and holidays do not count on delivery time). In cases of force majeure, RICAPOR can not be held liable for the delay in delivery.
IX – DELIVERY
1) RICAPOR sends the product or products ordered by the User from Monday to Friday, except for public holidays and on the days and times used by the logistics company, to the address indicated by the User at the time of order confirmation .
2) RICAPOR undertakes to comply with the order, between the 2nd day after payment and up to a maximum period of 7 days from the day of validation of the payment.
3) RICAPOR will inform the User of the unavailability of the product or products ordered, as well as reimburse the amounts that he has paid for such product or products, within a maximum period of 14 days as of the date of knowledge of such unavailability.
4) RICAPOR’s responsiveness within these deadlines is, however, dependent on the availability of its stock.
5) In case of the unavailability of the carrier to deliver the products on the date indicated, the User will be contacted in order to be given another date of delivery.
6) The order shall be deemed to be dispatched from the moment RICAPOR delivers it to the carrier, and the carrier shall be responsible for its delivery to the User, as follows:
a) The products will be shipped and delivered to the User by the carrier, and he will be responsible for any delay in delivery of the order.
b) If there is no person who receives and signs the confirmation at the “Place of Delivery”, the logistic operator will not deliver any product.
c) In this case, the User will be contacted by the carrier responsible for delivering the order in question, to re-mark the carrier to deliver the ordered product.
7) A delivery is deemed to be effected or a product is deemed delivered with the signature of the delivery receipt at the agreed upon address.
X – RETURNS AND CANCELLATIONS
Cancellation of the order before sending:
1) The User may cancel the order of products without any associated cost, as long as they have not yet been sent.
2) If you place an order and wish to cancel it, you must immediately contact our Customer Service and ask for the cancellation of your order by email customercare@softwalk.pt. Only after this procedure can the order be canceled. If the cancellation request is successful, the User will be notified by e-mail of this decision and the cancellation will be processed at no cost to the User.
Return of defective products:
1) The User has the right to return the delivered products if it is found that they have defects or other nonconformities with the products ordered, and the return must be made within 14 days after the order is received. This does not affect your statutory rights. If your claim is justified, the price paid for the product will be refunded and will be contacted by the logistics company in order to mark the day and time to return the defective product (s). For more information on how to make a return and information about the chargeback, please see the site’s Help / FAQ’s menu.
2) Slight variations in skin tone and small pores are characteristic of natural skin and are therefore not considered to be product defects.
Product Returns:
1) The User may return the ordered product (s) 14 days after receipt, provided that:
(a) the products have not been used;
b) the product maintains its original characteristics, packaging and labels intact;
c) all shoes have been tried with the use of shoehorn on a carpeted surface before wearing / use them;
2) The expenses resulting from the return of the order (shipping and collection costs) in the amount of ten euros are borne by the customer. An email must be sent to customercare@softwalk.pt to request the return of the order. RICAPOR does not accept returns to collection.
3) Upon receipt of the returned product, the RICAPOR review and confirm its condition and, where applicable, refund within fourteen (14) days the amount paid by the User deducted from the return of expenses set out in the preceding paragraph.
4) If the returned items are damaged or worn out, RICAPOR reserves the right to refuse to accept the return and to refuse reimbursement.
Product exchange:
1) The customer may exchange the product (s) ordered 14 days after receipt, provided that:
(a) the products have not been used,
b) the product maintains its original characteristics, packaging and labels intact;
c) all shoes have been tried with the use of shoehorn on a carpeted surface before wearing / use them;
2) RICAPOR does not exchange different products, but only to exchange the same product for different size. However, the customer will always have the return option available. If you want to order another item you will have to make a new order in the online store.
3) Only the 1st (first) exchange of the article is free.The customer should contact the customer support line to request the exchange. Subsequently, the logistics company will proceed to exchange the product.
XI – COLORS
Since these are natural skins, it is not our responsibility to vary color and nuances that may arise in products sold. It only demonstrates the authenticity of raw materials. Slight variations in skin tone and small pores are characteristic of natural skin and are therefore not considered to be product defects. However, RICAPOR will make every effort to make the products that appear on the website www.softwalk.pt as accurate and real as possible.
XII – COMPLAINTS
In view of the objective of continuous improvement of its services, RICAPOR will endeavor to meet and resolve the complaints submitted by the User within 5 (five) business days, by email customercare@softwalk.pt.
XIII – GUARANTEES AND SERVICES AFTER SALE
Softwalk products benefit from the compliance guarantee provided by the legislation applicable to the sale of consumer goods.
XIV – DISCLAIMER AND LIMITATION OF LIABILITY
1) RICAPOR not guarantee the permanent availability of this service www.softwalk.pt and in particular not be liable for damages arising directly or indirectly from the use or inability to use, for any reason, the said website, including in case of unavailability of access, technical problems or errors in telematic networks of data transfer, external intrusion or presence of computer viruses or assume any responsibility for technical problems that may occur in computer equipment used when connecting to the internet through the said site .
2) RICAPOR not assume, likewise, any liability for any damage arising, directly or indirectly, force majeure situations such as this is understood, any unrelated event at will or control of RICAPOR that prevent, in whole or partially, permanently or temporarily, to meet its obligations, in particular, strikes, failures in the power grid, in telecommunications services or any other services, fire, flood, inability to obtain products, materials or services, breakdowns, delays of suppliers or transporters and changes in legislation or administrative regulations.
3) RICAPOR is not responsible for any abusive use of the user access data to the site by third parties, data that are personal and non-transferable.
XV – MODIFICATION OF GENERAL CONDITIONS
RICAPOR reserves the right to change, at any time, these General Conditions, after notification, considering it made through the publication on the website www.softwalk.pt of the modified General Conditions.
XVI – PERSONAL DATA
1) The User authorizes the collection and electronic processing of his / her personal data by RICAPOR, including all data disclosed at the moment of registration on the website www.softwalk.pt.
2) The data provided by the User is intended for registration on the website www.softwalk.pt, access control and training, execution and management of contracts for the purchase of Softwalk products.
3) The person responsible for the processing of personal data is RICAPOR, and such data may also be accessed by RICAPOR service providers, namely accounting and auditing companies.
4) The User may at any time exercise the right of access and rectification of their data, at www.softwalk.pt.
5) In the use of your personal data for advertising purposes, RICAPOR warns the User that part of your personal data may circulate in the network without security conditions, at the risk of being seen and used by unauthorized third parties.
6) The User authorizes the collection of his / her personal data and his / her computer processing in order to allow the sending of orders and the execution of administrative operations related to them, including their monitoring and provision of information to the User, elaboration of statistical studies, promotional activities and direct marketing by RICAPOR.
XVII – DURATION
1) These general conditions apply for the duration of the supply of goods through the website www.softwalk.pt.
2) The provisions of the previous number do not affect the possibility of revision and / or subsequent alteration of these conditions.
3) The declaration of nullity of one or more general conditions does not exclude the application of the others nor imply the invalidity of the business entered into.
XVIII – PROOF AND ARCHIVE
1) The computer records kept in RICAPOR’s computer systems are considered proof of the conclusion of the contract between the parties and of the conditions under which it was concluded.
2) The archiving of documents proving the orders and invoices associated with them shall be made on a reliable and durable medium.
XIX – APPLICABLE LAW AND FORUM
1) These General Conditions are subject to Portuguese Law.
(2) Any questions or disputes arising out of these General Conditions or the contracts to which they apply or are part, including their validity, effectiveness, interpretation, integration, enforcement or compliance, shall be submitted to the Felgueiras County, with express waiver of any other.
(3) In the event of a dispute, the consumer may use the European online dispute resolution platform available at: https://webgate.ec.europa.eu/odr
For more information on the platform see:: http://cec.consumidor.pt/topicos1/resolucao-de-conflitos-/resolucao-de-conflitos-em-linha
To know the entities of Alternative Dispute Resolution registered consumers consult the Consumer Portal at: www.consumidor.pt