Terms & Conditions
Introduction
Please read these Terms and Conditions carefully before using the website. The use of this website is subject to the following Terms and Conditions and all applicable legislation.
The owner of this website will hereinafter be called “CARLOS SANTOS”.
Any individual who accesses / buys on the website will be hereinafter referred to as "User".
When using this website and / or when purchasing any product in the online store, the User is bound by these Terms and Conditions and all other policies that govern the use of the website (namely, Return and Cancellation, Privacy and Cookies Policies). CARLOS SANTOS requests that you read carefully all Terms and Conditions and associated policies before using this website.
If the User does not agree, in whole or in part, with these Terms and Conditions, he must not access the website, nor the associated features and services, namely its online store.
These Terms and Conditions, including associated policies, constitute the complete agreement between the User and CARLOS SANTOS with regard to the use of the website, which cannot be dissociated from those.
CARLOS SANTOS may, at any time, update, modify or replace, totally or partially, the Terms and Conditions or the policies associated with them, announcing such changes in its own location. The User will be responsible for checking periodically the occurrence of any changes, the use of the website being governed by the Terms and Conditions in force at each moment of access.
The continued access and use of this website after the publication of any updates or modifications to these Terms and Conditions and the associated policies, with the exception of the Privacy Policy, constitutes an acceptance and agreement of these updates or modifications.
Without prejudice to any updates or changes, for each order, the Policies in force on the date of the respective confirmation will apply.
PROPERTY
This website is owned by Zarco - Fábrica de Calçado, Lda., a commercial company with headquarters at Rua Oliveira Figueiredo, no. 182/202, 3700-202 S. João da Madeira, Portugal, with the VAT number 500 079 307.
The User acknowledges and consents that all intellectual property rights, namely, but without limiting, copyright, trademark, designs, trade secrets or any others on the materials or content that are provided as part of the website are, at any time, ownership of the commercial company identified in the previous paragraph or who has granted a license for its use.
The User may not, in particular, copy, upload, reproduce, republish, imitate, advertise, transmit or distribute in any form the contents of this website, including text, image, audio and video for public or commercial purposes without the written consent of CARLOS SANTOS, under penalty of CARLOS SANTOS being able to take legal action against violators.
These Terms and Conditions do not grant the User any rights that allow him to use the trademark, designs, or other rights protected by law, belonging to or licensed to CARLOS SANTOS.
The User will not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code and / or object of the website, also refraining from removing any confidentiality or proprietary notices. intellectual property that appear in it.
OBJECT
These Terms and Conditions apply to all users / customers of the website and, as well, to any commercial transactions carried out through the online store.
COMERCIAL POLICY
CARLOS SANTOS has products for sale on the website www.santosshoes.com, exclusively for consumers or costumers.
This website is intended for any and all individuals, whether natural or legal, who operates / purchases outside the scope of their business. If this is not your case, we ask that you do not make purchases on the website and contact CARLOS SANTOS directly through the available means indicated in the "Contacts" tab.
CARLOS SANTOS reserves the right not to process orders received from Users who are not customers / consumers or all those that do not comply with the Terms and Conditions.
The contractual proposal relating to the purchase and sale of products sold in the online store is addressed only to persons of legal age, with full capacity, of good standing, and who, therefore, can take responsibility for the commitments resulting from the purchase and sale of marketed products.
In particular, making any purchase through the online store depends on the acceptance of these Terms and Conditions and other associated policies, so, if you do not accept them, you will not be able to use it.
When placing orders through the online store, the User declares to be over 18 years old, guaranteeing to have full legal capacity and the necessary powers to contract. On the other hand, by accepting the Terms and Conditions and other associated policies, the User expressly declares that he will not use the website and the features or services associated with its use, for illegal and / or unlawful purposes.
PRODUCT INFORMATION AND PRICES
CARLOS SANTOS reserves the right to modify at any time the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.
The prices and products available on the website will only be valid for commercial transactions carried out through the online store.
The price applied to each purchase will be that which appears on the product's web page, at any time, except in the event of an error.
If an error is detected in the price of any of the products that the User has ordered, he will be informed as soon as possible, being given the option to confirm the order again with the correct price or proceed to its cancellation.
If, for any reason, CARLOS SANTOS is unable to contact the User, the order will be canceled and the amount paid will be fully refunded.
All product prices displayed on the website include Value Added Tax (VAT) at the legal rate in force.
Prices are all displayed in euros and the change of delivery country may influence prices depending on shipping costs.
Shipping costs may vary depending on the quantity ordered, delivery time and destination country. In many cases, CARLOS SANTOS SHOES can support the shipping costs in full. The postage will be reflected at the time of ordering after identifying all the elements contained in the order form.
In the case of orders on an urgent basis (express shipping) the shipping costs are applied by order, supporting the User with the respective shipping charges. The exact price of the shipping costs will depend on the country where your order will be delivered.
The total price specified in the final checkout menu includes taxes and shipping costs, the latter if applicable.
PAYMENT OPTIONS
CARLOS SANTOS accepts the following payment methods: ATM (Portugal only), credit / debit card, bank transfer or paypal.
No means of payment other than those mentioned are accepted.
In the case of Credit Card payment, all details (for example, card number or expiration date) will be sent, via encrypted protocol, to the company page that provides remote electronic payment services, without third parties being able to access to the information transmitted.
This information will not be used by CARLOS SANTOS, except to carry out the necessary procedures for purchase, chargeback (in case of return), or for reporting fraud cases to the police authorities.
If you chose a payment by ATM, credit / debit card or paypal, your order will only be processed after receipt of payment confirmation.
If you decided to make the payment of your order by Bank Transfer, you will automatically receive an email to the address indicated upon you registration on our website, with the bank details. Once we receive your payment, we will process your order.
WEBSITE REGISTRATION
The mere access to this website is not subject to registration. However, to take advantage of all its features and services, namely to place an order, the User registration will be necessary.
To register, the User must create an account, filling out the form for that purpose and indicating, obligatorily, an email address and password. Additionally, the following personal data will also be requested: name and surname; date of birth; address, zip code and town; telephone number; and taxpayer number (optional field).
After the registration and subsequent accesses, it will only be necessary for the User to identify himself using the email address and the respective password, chosen upon creation of the User’s account.
The User is responsible for the veracity, completeness and legality of the data provided at the time of registration. Accordingly, the User will be the sole and exclusive responsible for any false or inaccurate statements that he provides, as well as for all the activity that takes place in his account, there being no obligation on CARLOS SANTOS to monitor the contents or the (non)fulfillment of any User responsibilities, namely towards other Users or towards authorities
CARLOS SANTOS has neither access nor knowledge of the password defined by the User, being responsible for ensuring its confidentiality and ensuring its safekeeping and good use, as well as complying with good practices regarding the security of your account (in particular, changing the password regularly and avoiding connections via networks open to the public).
CARLOS SANTOS cannot be held responsible for losses resulting from the loss or misuse of the password defined by the User.
ORDERS
All products available on this website are illustrated with photographs and an indication of their essential characteristics.
The images are merely illustrative, and may not strictly correspond to the actual appearance of the products, so the User must proceed to a careful and complete reading of the information available on the website about the essential characteristics of each product, warnings and instructions for use. In case of doubt, you can contact CARLOS SANTOS in order to obtain additional information by filling in the form provided for making requests for information.
To place orders on the website it is necessary that the User proceeds to registration (with the data identified in the previous point), and that his browser is set to accept cookies, in order to benefit from all the navigability conditions on this website.
Whenever the User is already registered and wants to place an order for any product, he must log into his account and then perform the following steps:
1. Search the product (s) / model (s) you want to purchase;
2. Select the product (s) / model (s), indicating the desired quantity, size and color, as well as the elements to be customized (the latter if so desired and available in the product in question);
3. Add the selected product (s) to the shopping cart;
4. Proceed to check out;
5. Review your order;
6. Select the payment option from among those available;
7. Proceed to payment and order confirmation;
Any order is confirmed whenever the User clicks on the “Confirm Payment” button at the end of the purchase process.
After confirming the order, the User will receive a message with the order number and all the details related to it, as well as an order confirmation email at the email address used when registering.
The purchase and sale contract concluded between Zarco – Fábrica de Calçado, Lda and the User is executed at that moment.
If the User has not yet signed up to the website, he will be asked to do so after the step “Proceed to check out”, indicating the data requested in the “Registration on the Website”. After confirming the registration, the User must perform the remaining steps previously mentioned in this point to place the order.
CARLOS SANTOS reserves the right to cancel or refuse any order (even if it has already been accepted), namely in the following situations, exempt from liability for any damages or costs:
- The billing information is not correct or verifiable;
- The order is signaled by our Security Systems as susceptible to fraud;
- The bank transfer for the order’s payment was not received within a period of 5 days after the acceptance of your order;
- Whenever the User is underage, or is not a final consumer.
BILLING DATA
Whenever you choose to place orders on this website, the User will need to provide the following billing details:
- Full name;
- Telephone number;
- Billing address;
- Tax Identification Number (TIN) to appear on the invoice.
The aforementioned billing data will be requested from the User when making the first purchase through the website, and will be saved for the purpose of future purchases.
Without limitation of the foregoing, the User can choose to insert new data for other purchases.
SALES AND PROMOTIONS
The prices of products on sale or on promotion are only valid for the moment they are displayed on the website.
CARLOS SANTOS is not bound to any offer if there are errors or mistakes in spelling, prices or others in the information on the website, reserving the right to cancel any order entered under such errors.
PROPERTY RESERVATION
Zarco - Fábrica de Calçado, Lda. reserves the ownership of the ordered products, after confirmation of good payment, until their delivery.
SHIPPING AND DELIVERY
Products sold through the online store are available for delivery worldwide.
Except for reasons of force majeure or chance, orders will be delivered according to the established deadlines, taking into account the final destination.
The User can choose between one of the following delivery modes: standard (delivery in 7 business days) or express (delivery in 3 business days).
The aforementioned deadlines start from the payment's confirmation date by CARLOS SANTOS.
Notwithstanding the indicated deadlines, delays may occur, namely for any of the following reasons:
- Delays by carriers;
- Strikes, riots or changes in public order;
- Health emergency, state of emergency or calamity;
- Delivery difficulties to the recipient;
- Local holidays;
- Force majeure events / reasons.
The User should be aware that the delivery times refer to working days, with no handling of orders and / or shipments on Saturdays, Sundays and National Holidays.
Whenever it is not possible to deliver the order due to the lack of a recipient at the specified location or by an incorrect address, the carrier will contact the User in order to define a new delivery date and time.
In the event of the impossibility of delivering the product due to the absence of a recipient at the address indicated by the User, the carrier may incur expenses related to the storage of the products and to new delivery attempts.
Any claim for non-receipt of the order must be made within a maximum period of 30 days from the date of placing the order. At the end of this period, CARLOS SANTOS cannot be held responsible for its loss.
Upon delivery, the User must inspect the packaging and its contents and check for possible damage. If the user finds that the products are damaged, the User should not accept delivery of the order.
In such a case, and as long as justified, CARLOS SANTOS will reimburse the amount paid for the order and transportation (the latter if it has been supported by the User), as soon as the warehouse receives and completes the return process.
EXCHANGES, RETURNS AND CANCELLATIONS
See the “Return and Cancellation Policy” tab for more information on how to exchange, return or cancel the purchased product.
QUALITY AND GUARANTEE
CARLOS SANTOS does not sell second-hand, used or defective products.
The main characteristics of each product can be found on the product’s page to which they relate.
The products offered for sale on this website may not correspond exactly to the actual product in terms of image and colors, due to the internet browser and monitor used.
CARLOS SANTOS products are subject to quality inspection. However, CARLOS SANTOS is responsible for any lack of conformity of any products sold to the User that manifests itself within 2 years from the respective delivery, as long as communicated within a maximum period of 2 months from the date on which it was detected.
All articles are covered by the guarantee required by law (Decree-Law no. 67/2003, of 8 April, in the wording given by Decree-Law no. 84/2008, of 21 May).
During the warranty period, the product with a manufacturing defect will be repaired or replaced with a similar model.
Whenever the User considers that the purchased product contains a defect, he should contact CARLOS SANTOS, through the email address customercare@santosshoes.com, indicating the order number and presenting the corresponding invoice, explaining the defect and if possible sending photographs of the allegedly defective item.
CARLOS SANTOS will analyze and confirm the existence of any non-conformity of the product and, if confirmed, proceed to its replacement without any inherent cost, bearing all the costs of return and reshipment.
Excluded from the guarantee are materials subject to breakage, deterioration, oxidation, loss or loss, damage caused by blows, inappropriate use, improper maintenance and cleaning, negligence, misuse, modifications, unauthorized repairs, accidents or normal wear and tear and also the damages caused by the use of other products, either in conjunction with these or isolated.
In situations in which the existence of any non-conformity in the product is not confirmed, the costs of reshipment will be borne by the User.
LIABILITY
Links to other pages and third-party content are provided for information purposes only, without CARLOS SANTOS having any control or liability over the content of those pages, as well as its policies and / or practices.
The establishment of links to other websites does not, under any circumstances, imply the existence of relationships between CARLOS SANTOS and the owner or manager of the website to which the link refers.
CARLOS SANTOS will not accept any liability for damages or losses arising from the use of said websites.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
The User must not misuse this website by intentionally introducing viruses, Trojan horses, spyware, malware, or any other technologically harmful or malicious material.
The User will not attempt to obtain unauthorized access to this website, the server where it is hosted or any server, computer or database related to it.
The User undertakes not to attack the website in any way, namely through a denial of service (DoS) attack or a distributed denial of service (DDoS) attack.
Failure to comply with this clause may imply the practice of several crimes foreseen and punished in the personal data protection legislation and in the cybercrime law, which will be duly reported to the competent authorities.
DATA PROTECTION
CARLOS SANTOS guarantees the security of the User’s data within the security measures expected and appropriate for platforms such as this website and its online store.
By using this website, the User acknowledges that his personal data will be treated by Zarco - Fábrica de Calcado, Lda., identified above, and declares that all information or data provided are true and correspond to reality.
Zarco - Fábrica de Calçado, Lda. cannot be held responsible for the inaccuracy of the information provided by Users on the website, which are entirely responsible for its accuracy, completeness and updating.
All information or personal data provided by the User will be treated in accordance with the law and the provisions of the Privacy and Cookies Policy.
The User now consents to the use of the information provided for contact purposes whenever necessary, as well as the availability, by CARLOS SANTOS, of his personal data (name, address and telephone contact) to the carrier responsible for the delivery of the ordered products.
In case of doubt regarding the Privacy and Cookie Policies, you can contact us through the email address customercare@santosshoes.com.
WRITTEN COMMUNICATION
By using this website, the User accepts that most of the notifications exchanged with CARLOS SANTOS are electronic, and that this form of communication satisfies the legal requirement that such notifications be made in writing, without affecting the rights recognized by law to the consumer.
User notifications / communications should preferably be sent via our contact form or, alternatively, via email address customercare@santosshoes.com.
REASONS / FORCE MAJEURE OR FORCED EVENTS
CARLOS SANTOS will not be responsible for non-compliance or delay in the fulfillment of any (s) of the assumed obligations, the cause of which is due to events that are beyond its control (reasons / events of force majeure or incidental).
The concept of force majeure / act of God covers any act, event, failure to exercise, omission or accident that is beyond the control of CARLOS SANTOS, including, among others, the following:
- Strikes, or other forms of protest that significantly affect the sector involved;
- Public order disturbances, 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;
- Inability to use telecommunications systems, public or private;
- Impossibility of using rail, sea, air, road or other public or private means of transport;
- Laws, decree-laws, ordinances, regulations ending restrictions issued by national sovereign bodies, with repercussions on the activity of Zarco - Fábrica de Calçado, Lda. and respective payment.
Any obligations arising from the ordering of products on this website will be suspended during the period in which the reasons / force majeure events occur, extending the deadlines to fulfill such obligations for an interval equal to the remaining period.
APPLICABLE LAW
For any dispute arising out of these Terms and Conditions and associated policies, including their validity, use of the website or any purchase made here, Portuguese law is applicable.
ALTERNATIVE DISPUTE RESOLUTION
In the event of a dispute concerning contractual obligations resulting from purchase and sale contracts, in accordance with EU Regulation No. 524/2013, the User may attempt to resolve any dispute in an extrajudicial manner through access to the electronic dispute resolution platform in online at http://ec.europa.eu/consumers/odr/.
The User can consult the updated list of Alternative Dispute Resolution Entities available, under the terms of article 17 of Law no. 144/2015, of 8 September, on the Consumer Portal, through the website www.consumidor.pt.
Without prejudice, the User may resort to the following Alternative Dispute Resolution Entities:
Lisbon Consumer Conflict Arbitration Center
(http://www.centroarbitragemlisboa.pt/ ou Rua dos Douradores 106, 1100, Lisboa);
Vale do Ave Consumer Conflict Arbitration Center / Arbitral Tribunal
(http://www.triave.pt/ ou Rua Capitão Alfredo Guimarães, 1, 4800-019 Guimarães);
CIAB - Consumer Information, Mediation and Arbitration Center (Consumer Arbitral Tribunal)
(http://www.ciab.pt/pt/ ou Rua D. Afonso Henriques, 1, 4700-030 Braga / Av. Rocha Paris, 103, 4900-394 Viana do Castelo);
CNIACC - National Center for Consumer Conflict Information and Arbitration
(http://www.arbitragemdeconsumo.org/);
Coimbra Consumer Conflict Arbitration Center
(http://www.centrodearbitragemdecoimbra.com ou Av. Fernão de Magalhães, nº 240, 1º Andar, 3000-172 Coimbra);
Algarve Consumer Conflict Information, Mediation and Arbitration Center
(http://www.consumoalgarve.pt or Ninho de Empresas, Edif. ANJE, Estrada da Penha, 3º andar, sala 26, 8000 Faro);
Porto Consumer and Arbitration Information Center
(http://www.cicap.pt ou Rua Damião de Góis, 31, Loja 6, 4050-225, Porto).
CARLOS SANTOS is not bound, by adherence or legal imposition resulting from necessary arbitration, to any entity for the alternative resolution of consumer disputes.
THE USER DECLARES TO HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS THE ASSOCIATED POLICIES, AND THAT HAD THE OPPORTUNITY TO PONDER AND SEEK INDEPENDENT LEGAL ADVICE, BEFORE ITS ACCEPTANCE.