Terms of purchase and use for the WWW.GLADZ.PT website
This document (together with the documents listed in the annex) lays down the conditions governing the use of this Web page (www.gladz.pt) and the purchase of products in the same (from hereinafter “conditions”).
These conditions may be amended, it is your responsibility to carry out your periodic reading, since the conditions prevailing at the time of use of the website or the conclusion of the contract (as defined below) are those that will apply.
If you have questions regarding privacy policies or conditions, you can contact us using our contact form. The contract may be formalized, by your choice, in any of the languages in which the terms are available on this web page.
This website is executed under the designation GLADZ by the company Fernanda Oliveira II – Industria de Calçado, S.A., headquartered in Rua do Progresso N º 741 3720-354 Vila de Cucujães, registered at the Commercial Register of Oliveira de Azeméis, under the number 509 173 020, which is also the identification number of the legal person, with the share capital of €100,000.00 (one hundred thousand euros).
3-YOUR DATA AND YOUR VISITS TO THIS WEB
4-USE OF OUR WEB PAGE
5-AVAILABILITY OF THE SERVICE
The articles presented on this web page are available for deliveries only in mainland Portugal, islands and other members of the European Union.
6-CONCLUSION OF THE CONTRACT
To place an order, you must follow the online purchase procedure and click on “Authorize Payment”, and you must read and accept these Terms of purchase. By doing so, you are celebrating a contract of purchase and sale with us (the “contract”). You will subsequently receive an email accusing you of resecting your order (the “Order Confirmation”). You will also receive an email, in which we confirm that the order has been sent (the “Delivery Confirmation”). An electronic ticket must be attached with the details of your order to the delivery confirmation (the “E-ticket”).
7-AVAILABILITY OF PRODUCTS
All product orders will be subject to availability. This way, if any difficulty occurs regarding the supply of products or if there are no articles in stock, we will immediately inform you of the unavailability, and refund any amount for you eventually paid within 30 days.
9-IMPOSSIBILITY OF DELIVERY
10-TRANSFER OF RISKS AND PROPERTY OF PRODUCTS
The risks of the products will be borne by the customer from the time of delivery. The customer will acquire ownership of the products when we receive the full payment of the amounts owed for them, including the postage, or at the time of delivery (according to the definition contained in clause 8 above), if this date is later.
11-PRICE AND PAYMENT
The price of each product will be the one that is stipulated at each moment on our website, except in case of evident error. Although we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products the customer has ordered, we will inform you as soon as possible and give you the option to re-confirm the order at the correct price or to cancel it. If we are unable to contact the customer, the order will be cancelled and the amount paid shall be refunded in full. We will not be obliged to provide you with any product at the wrong lower price (even if we have sent the shipping confirmation) if the error in the price is obvious and unequiable and if it could have been reasonably recognized by the customer as a incorrect price. Prices on this website include VAT, but do not include postage, which will be added to the total amount in debt, as stated in our shipping guide. Prices may be changed at any time, but (except as previously established) the possible changes will not affect the orders for which we have already sent an order confirmation.
Once your purchases have been made, all the items you wish to purchase have been added to your cart and the following steps will be the completion of your order and payment. To do this, you must follow the steps of the purchase process, filling in or verifying the requested information at each step.
In addition, during the purchase process, before payment, the customer can change the data of your order. The user has a detailed description of the purchasing process in the procurement guide. If you are an already registered user, you will be available in the “My Account” area a record of all requests made by the user. You can make payment with Visa, Mastercard and PayPal cards. You can also pay the whole by bank transfer.
To reduce the risks of unauthorized access, your credit card data will be encrypted. Upon receipt of your order, we will make a pre-authorisation to your card to ensure that there are sufficient funds to complete the transaction. The debit will be charged to your card as soon as your order leaves our warehouses.
If your payment method is Paypal the debit will take place at the time we confirm the order.
By clicking on “End Order”, the customer confirms that the credit card is yours or is the legitimate owner of the gift card or payment card.
Credit cards are subject to verifications and authorizations by the issuing entities, but if they do not authorise payment, we will not be liable for any delay or lack of delivery and we may not formalize any contract with the customer.
12-BUY AS A GUEST
This Web page also allows you to purchase through the purchase functionality as a guest. In this mode of purchase, only essential data are requested to be able to fulfill your request. Once the purchase process is completed, you will be offered the possibility to register as a user or continue as an unregistered user.
13-VAT / TAXES
All purchases made through this website are subject to the Portuguese value added tax (VAT) applicable by law at the time of purchase.
14.1 Right of free resolution of the contract
According to the applicable rules if you are hiring as a consumer, the customer has the right legally devoted to resolving the contract, up to 14 days after its celebration without presenting any reason.
The period of free resolution expires after 14 days from the day on which the customer (or a third party-other than the deliverer-indicated by you) physically acquires several items in a request delivered separately, 14 days from the day on which the customer (or this third IND itself) has physically acquired the last product. To exercise the right free resolution of the contract, the customer may contact us through the telephone number +351 256 885 060, the e-mail email@example.com or through our contact form, of his decision to resolve this contract by a statement Unequiper (example: a letter sent by mail or e-mail). The customer may use the resolution model form as stated in the annex. However, the consumer may exercise the right of free resolution by any means, and the use of any of the abovementioned means is not compulsory.
In order to comply with the deadline for the free settlement of the contract, simply send your communication regarding your exercise of the right of resolution before the contract resolution period expires.
Effects of the resolution of the contract
If the customer resolves the contract, we will refund the amount paid for the products, including delivery costs at the original delivery location (with the exception of the additional costs incurred by the customer not to return them by any of the free methods mentioned in Clause 15.3 and following ) without undue delay and provided that it does not exceed the period of 14 days from the date on which it was informed of its decision to terminate this contract. We will refund you via the same form of payment that the customer used for the original transaction. In any case, the customer will not pay any fee resulting from said refund. Notwithstanding the foregoing, we may retain the refund until we receive the products back, or until the customer demonstrates evidence that he returned them.
Unless the customer physically delivers the products at the premises of the company Fernanda Oliveira II, S.A. or returns the products through a carrier determined by us, the customer must bear the costs of return.
The customer is responsible for only a possible decrease in the value of the goods resulting from the delivery, not from what it is necessary to establish the nature, characteristics and operation of the products.
14.2 Contractual right to return products
In addition to the legally recognized right of free termination of the contract by consumers mentioned in clause 14.1 above, we grant the customer a period of 30 days from the date of confirmation of the shipment of the products to make the return of the products (except those mentioned in clause 14.3 below, for which the right to return the products is excluded). The return of the offer card is governed by the conditions of use of the offer card.
The client may exercise his right to return the products in accordance with the terms set forth in clause 14.1 above for the exercise of the right of free resolution of the contract. However, the customer must inform us of his intention to return the products and deliver us products within the period of 30 days, from the confirmation of the shipment
14.3 Conditions for the exercise of the contractual right to return products
The customer does not have the contractual right to return the products, provided in clause 14.2 for the following products:
- Personalized / custom / customized items
- Used articles and without the original packaging.
Sealed products which are not suitable for return for hygiene reasons and have been opened after delivery.
The contractual right to return the products must apply exclusively to products that can be returned under the same conditions as the customer received them. No refund will be made if the product has been used other than simply opening the packaging or if it has been damaged; therefore, the customer should be careful with the products while they are in their possession. Please return the item by using or including the original packaging. It should also include all instructions, labels, documents and packaging of the products. In any case, you must return, filled in, the receipt received at the time of delivery of the product, together with the product to be returned.
If you do not want to return the products through the free options available, the customer will be responsible for the return costs. Please note that if you decide to return the items to us for collection we will be allowed to charge you any expenses we may incur.
After examining the article, we will let you know if you are entitled to a refund of the amounts paid. Delivery costs will be refunded when the contractual right to return the products is exercised within the contractually defined period all the products concerned are returned. The return will be made as soon as possible and, in any case up to 14 days from the date on which the customer informed us of their intention to return the products Despite the foregoing, we may retain the return until we receive the products back or until the customer demonstrates evidence of what products shipped the products. The return will always be made by the same means of payment that the customer used to pay the purchase.
If you have any questions, please contact us through our contact form or through the telephone number +351 256 885 060.
Notwithstanding the limitations to the contractual right to return the products, provided for in clause 14.2, this clause should not apply to the exercise of the right of free termination of the contract legally attributed to the consumer, in particular as regards the limitation of inspection powers and manipulation of goods.
14.4 Defective products
In cases where it considers that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within the legally established period of two months through our contact form, indicating the details of the product as well as the damages suffered, or contacting us through the number +351 256 885 060, and we will indicate what to do.
As legally established, instead of canceling the contract (and consequent return of the goods and reimbursement), you may also choose to substitute the product, or by appropriate reduction of the price.
Reimbursement of the price, replacement of the product, or appropriate reduction of the price paid for the item must occur as early as possible and in any case within 30 days.
Amounts paid for products returned for any damages or defects will be reimbursed in full, including delivery costs incurred in sending the item and the costs of returning them. The return must be made by the same means of payment that was used to pay the purchase.
All rights recognized by the law in force shall be safeguarded.
14.5 Size change
If the article purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request the exchange of size, without having to pay any additional service of delivery of the new article, as long as it returns the original article. This possibility is independent of the right of withdrawal, which continues to exist, both from a legal and contractual point of view. You can order the size change through “Orders and Returns” section of “my account” on this web page. You must select the new size of your article and ensure that (i) is the same article, (and (ii) only if the payment has been made through some means of payment (see Clause 11 of these terms and conditions for further information), only if you comply with these requirements you may request to change the size. Once the size change is requested and the return method is selected, you must deliver the original item to Fernanda Oliveira II, S.A: or through the distribution company that sent the item home to Portugal. The original article will have to be returned without any delay, and never after 14 days from the 14 calendar day period since the size change request. None of the return method options will incur an additional cost.
If you choose to deliver on the premises of the company Fernanda Oliveira II, S.A., you must present the original article accompanied by the receipt that was made available in the respective delivery. If you choose to deliver to the distribution company, you must return the original item to the packaging you received it by following the instructions in the “Orders and Returns” section of this web page.
After choosing “Orders and Returns”, we will ship the new order with the requested-size item within two to three business days from the date of the size change request, and never beyond the maximum 30-day period.
Please note that if after 14 calendar days from the date of the size change request, you have not delivered the original article, we reserve the right to charge you the costs corresponding to the new order generated, as provided in these terms and conditions.
14.6 Variations that should not be considered defects
The products we sell, especially those made by hand, often have the characteristics of the natural materials used in their production. These characteristics, such as grain variations, texture knots and colors, may not be considered defects or damages. On the contrary, you must count on their presence and appreciate them. We only select products of the highest quality, but the features are inevitable and should be accepted as part of the individual product appearance.
14.7 Right of resolution and return of orders from abroad
If you have ordered articles from another EU Member State outside Portugal through this website, clauses 14.1, 14.2, 14.3 and 14.5 apply with the restriction that the transport determined by us, can only be made to the address of original delivery within Portugal.
We further inform that we are under no circumstances (with the exception of clause 14.4 to which this clause 14.7 does not apply) required to pay shipping costs to addresses other than the original shipping address, nor the costs of returning the destinations outside of Portugal.
The provisions in this clause should not affect your consumer and user rights, nor your right to terminate the contract.
15 – INTELLECTUAL PROPERTY
Customer acknowledges and agrees that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the Website are at any time ours or from whom we have been granted the license to their use. The customer may only use such material in the manner expressly authorized by us or by the person who granted us the license to use it. This does not prevent you from using this web page to copy the information relating to your order or the contract data as necessary.
16 – VIRUS, PIRACY AND OTHER COMPUTER ATTACKS
You should not misuse this web page by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You should not gain unauthorized access to this web page, to the server on which this page resides or to any server, computer, or database related to our web page. You will undertake not to attack this Web page through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may imply the commission of offenses established by applicable law. We will inform the competent authorities of any breach of said legislation and cooperate with those to discover the identity of the attacker. In case of breach of this clause, you will also cease to be authorized to use this web page.
We will not be responsible for any data or losses resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials, as a result of using this web page or of downloading content from the same or the contents to which it redirects.
17 – CONNECTIONS FROM OUR WEBSITE
If our website contains links to other pages and materials of third parties, these links are provided for information purposes only, without our having any control over the content of those pages or materials. Therefore, we will not accept any responsibility for damages or losses due to its use.
18 – WRITTEN COMMUNICATION
Applicable law requires that part of the information or notices we send is in writing. By using this web page, the customer accepts that most of the notifications with us are electronic. We will contact the customer by email or provide information through notices posted on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing. This condition shall not affect the rights recognized by law.
19 – NOTIFICATIONS
Customer notifications should preferably be sent via our contact form. In accordance with the provisions of Clause 18 above and unless otherwise indicated, we will send you notices by email or the postal address provided when placing your order.
Notices shall be deemed to have been received and properly made the moment the customer enters our website, 24 hours after sending an email or three days after the date of the franchise of any letter. In order to prove that the notification was made, it suffices to prove, in the case of a letter, that the address was correct, that it was properly sealed and that it was duly delivered in the post office or in a mailbox and, in the case of an electronic mail, that it was sent to the e-mail address specified by the recipient
20 – TRANSFER OF RIGHTS AND OBLIGATIONS
The agreement of the contract is valid for you and us, as well as our respective successors, persons who have benefited from transfers made by us and heirs. You may not transmit, waive, attach, or otherwise transfer a contract or any rights or obligations arising therefrom without our prior written consent.
We may transmit, waive, attach to subcontract or otherwise transfer a contract or any rights or obligations arising from it, at any time during the term of the contract, to the company Fernanda Oliveira II, SA All other transmissions of our contractual position, rights or obligations under this contract shall also be subject to your prior consent. In order to avoid any doubts, such transmissions, assignments, embargoes or other transfers should not affect the rights that, as applicable, hold as a consumer recognized by law or that cancel, reduce or limit in any way the express and implied guarantees that we give you we might have.
21 – MAJOR FORCE REASONS
We will not be liable for any breach or delay of any of our obligations under a Contract whose cause is due to events beyond our control (Force Majeure).
The concept of Force Majeure shall include any act, event, fault in the exercise, omission or accident beyond our control, including, but not limited to, the following:
- General strike, or other forms of protest that significantly affect the country.
- Disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.
- Impossibility to use public or private telecommunications systems.
Our obligations under the Contracts shall be deemed to be suspended during the period in which Force Majeure occurs and we shall benefit from an extension of the time limit to comply with such obligations for a period of time equal to the duration of the Grounds of Force Majeure. We will use all reasonable means to terminate the Force Majeure Reasons or to find a solution that will enable us to comply with our obligations under the Contract, despite Force Majeure.
22 – RENUNNING RIGHTS
The absence of our requirement for the strict compliance by the client of any of the obligations assumed by virtue of a Contract or these Conditions or the lack of exercise of the rights or actions due to us by virtue of that Contract or Conditions shall not mean the waiver or any limitation in respect of such rights or actions, nor shall it relieve the customer from fulfilling its obligations.
No waiver by us of a specific right or action will imply the waiver of our rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or the rights or actions arising out of the Contract shall have effect unless it is expressly stated that it is a
resignation, is formalized and communicated to the client, in writing, in accordance with the provisions of clause 18 above.
23 – PARTIAL CANCELLATION
If any of these Conditions or any provision of a Contract is declared null and void by a firm resolution by a competent authority, the remaining terms and conditions remain in force without being affected by that declaration of nullity.
24 – UNIQUE AGREEMENT
These Terms and all documents to which express references are made constitute the entire agreement between us and the customer, in relation to the subject matter of the Agreement, and supersede any other covenant, agreement or promise previously established between us and the customer, either verbally or through written.
We and the customer acknowledge that we have consented to the execution of the Agreement without having relied on any statement or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parties prior to such Contract, other than what is expressly conditions.
25 – APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the purchase contracts made through this page are governed by Portuguese law.
This provision does not affect other rights granted to the consumer by the legislation in force.
26 – COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask you to send us the comments and suggestions for our contact form.
27 + ALTERNATIVE RESOLUTION OF DISPUTES
Accordingly, if the transaction has been completed through our website, we inform you – in accordance with EU Regulation No. 524/2013 – that you have the ability to resolve any dispute in an extrajudicial manner through access to the platform electronic dispute resolution website at http://ec.europa.eu/consumers/odr/.
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of September 8, in the Consumer Portal, through the website www.consumidor.pt.
MODEL OF RESOLUTION FORM
(Fill out and return this form only if you wish to terminate the contract)
Fernanda Oliveira II, S.A.
Rua do Progresso nº 741
3720-354 Vila de Cucujães
I hereby inform you that my contract of sale for the following articles is terminated:
Commissioned on / received on (*)
Name of consumer
Signature of the consumer (only if this form is notified in paper format)
(*) Delete as appropriate