TERMS AND CONDITIONS

[seaside.PT]

OBJECT

This website is managed by Sopropé – Organizações de Calçado, SA (hereinafter, “SEASIDE”), public limited company with registered office at Rua da Garagem, n.º 9, 2790-034 Carnaxide, Portugal, with legal person identification number 501767509.

These Terms and Conditions (hereinafter, “Conditions”) apply to all users or customers of the website [seaside.pt] (hereinafter referred to as User(s)) and, as well, any commercial transactions carried out through your online store.

INTRODUCTION

When using this website and/or purchasing any product in the online store, the User is bound by these Conditions and other policies that govern the use of the website (namely, Privacy and Cookies Policies). A SEASIDE requests that you carefully read the Conditions and associated policies before using this website.

The contractual proposal relating to the purchase and sale of products sold in this Online Store is aimed only at people of legal age, with full capacity and who, therefore, can be responsible for the commitments resulting from the purchase and sale of the products sold.

If the User does not agree, in whole or in part, with these Conditions, they should not access the website or associated features and services, namely its Online Store. In particular, making any and all purchases through the Online Store depends on acceptance of these Conditions, so if you do not accept them, you will not be able to use it.

The acceptance of these Conditions by the User is carried out in their personal name. When placing orders through the Online Store, the User declares that they are over 18 years old, guaranteeing that they have full legal capacity and the necessary powers to carry out such acceptance. Furthermore, by accepting these Conditions, the User expressly declares that they will not use the website and the functionalities or services associated with its use, for illegal and/or illicit purposes.

A SEASIDE may, at any time, update, modify or replace, in whole or in part, these Conditions or the policies associated with them, announcing such changes in a specific location. The User will be responsible for periodically checking the occurrence of any changes, and the use of the website will be governed by the conditions in force at each time of access.

Your continued access and use of this website following the posting of any updates, modifications or replacements to the Conditions and associated policies, with the exception of the Privacy Policy, constitutes acceptance of and agreement to such updates, modifications or replacements.

Without prejudice to any changes to these Conditions, the Terms and Conditions in force on the date of confirmation will apply to each order.

A SEASIDE guarantees the security of the User account 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 their personal data will be processed by SEASIDE, identified above, and declares that all information or data provided is true and corresponds to reality. A SEASIDE cannot be held responsible for the inaccuracy of the information provided by Users on the website, and Users 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 provisions of the Privacy Policy and the Cookies Policy.

The User hereby consents to the use of the information provided for contact purposes whenever necessary, as well as to the provision, by SEASIDE, your personal data (name, address and telephone number) to the carrier responsible for delivering the ordered products.

If you have any questions regarding the Conditions or Privacy and Cookies Policies, you can contact us via service @seaside.pt 

USE OF THE WEBSITE

service availability

A SEASIDE is not responsible for losses resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.

Under no circumstances may the SEASIDE (and/or its representatives or collaborators) be held responsible for any damages arising, in any way, from the malfunction of this website, regardless of how long such malfunction lasts, or for any damages caused by reproduction, use or exploitation of the website that violates the provisions of these Conditions.

A SEASIDE reserves the right to modify at any time the information and commercial offer presented regarding: products, prices, promotions, commercial conditions and services.

A SEASIDE has the exclusive right to, unilaterally, at any time and without the need for prior notice, suspend or terminate, partially or completely, temporarily or definitively, access to the website, especially in management, maintenance, repair, alteration or modernization.

Violation of the provisions of the Conditions by the User constitutes grounds for their termination by SEASIDE, which reserves the right, at any time, to terminate the use of the website and its functionalities and services by the User in question, with or without notification to the User. In any case, violation of these Conditions by the User, and regardless of whether or not they are terminated, gives the SEASIDE the right to be compensated for all resulting losses.

Customer Registration on the Website

Mere access to the website is not subject to registration. However, to take advantage of all its features and services, namely placing an order, User registration will be necessary.

To register, you must create a User account, filling out the form for this purpose and indicating, obligatorily, an email address and password. Additionally, you will also be requested to provide the following personal data:

  1. Name;
  2. E-mail address;
  3. password;
  4. birth date;
  5. genre;
  6. Postal Code; It is
  7. locality.
  8. Telephone contact

After registration and subsequent access, you will only need to identify yourself using the email address and respective password, indicated when creating the User account.

The User is responsible for the veracity, completeness and legality of the data provided at the time of registration. Under these terms, the User will be solely and exclusively responsible for any false or inaccurate statements made, as well as for all activity that takes place on their account, which does not exist on the part of SEASIDE any obligation to monitor the contents or the (non)compliance with any responsibilities of the User, particularly towards other Users or towards national authorities.

A SEASIDE has no access to or knowledge of the password defined by the User, and the User is 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 word -pass regularly and avoid connections through networks open to the public). A SEASIDE cannot be held responsible for losses resulting from the loss or misuse of the password defined by the User.

Place an Order

All products available on the website SEASIDE They are illustrated with photographs and an indication of their essential characteristics.

A SEASIDE makes every effort to ensure that the information presented is up to date and free from typographical errors. Without prejudice, whenever these occur, we will correct them as soon as possible.

At any time the SEASIDE may change, delete or move any information/product on the website and Online Store, without the need for prior notice, particularly those relating to prices, promotions, offers, commercial conditions and services.

The User hereby expressly accepts and agrees with the following:

  1. The images are merely illustrative and may not strictly correspond to the actual appearance of the products, so the User must carefully and fully read the information available on the website about the essential characteristics of each product, warnings and instructions for use. If in doubt, you can contact SEASIDE in order to obtain additional information, filling out the form provided for making requests for information.
  2. All products for sale on the website are subject to existing stock, without prejudice to the SEASIDE strive to present up-to-date information regarding product availability. A SEASIDE is not obliged to supply products that are unavailable. Whenever there is unavailability of any ordered products, the SEASIDE immediately informs the User, reimbursing them of the respective price within 30 days.
  3. A SEASIDE will not assume responsibility for any discontinued items. In this case, the procedure applicable in the case of unavailability of products will apply, as per the previous paragraph.
  4. The prices and products available on the website will only be valid for commercial transactions carried out through the Online Store.

To place an order, you must follow the online purchasing procedure, namely, inserting the desired products in your shopping cart, indicating the number of units desired and, where applicable, their size and color.

Once the process of selecting the desired products has been completed, the User must select the option “Finalize Order”, and for this purpose must follow the indicated procedure, logging in or creating a new registration (as provided in 3.2.) and following the steps described in point 3.5 and following.

Pricing

The price of the products will be as stipulated on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices published on the website are correct, errors may always occur. In the event of a clear error in the price, the SEASIDE immediately informs the User, giving him the option of confirming his order at the correct price or canceling it. If it is not possible to contact the User, we will consider the order as canceled and all amounts paid will be refunded in full.

The prices online may differ compared to physical stores, as they are different channels. The customer can choose the purchase channel, respecting the price applied.

The prices shown include VAT at the legal rate in force in Portugal. The applicable shipping costs depending on the destination will be added to these prices, as provided in 3.5.

The prices shown may be changed at any time, and any changes will not affect orders for which the “Order Confirmation” has already been sent.

Delivery Methods and Payment Methods

For the purpose of finalizing the order, the User must select the desired delivery and payment methods, choosing between one of the following methods available on the website:

Purchase online, with shipping to the address indicated by the User:

In this case, the User must indicate the desired delivery method and respective delivery details (name and address), so that the SEASIDE communicate them to the carrier responsible for delivering the order.

Products sold through the Online Store are available for delivery throughout the European Union, as long as they are available in stock. Except in extraordinary circumstances, orders placed will be delivered according to the deadlines established depending on the final destination.

The User may therefore choose between one of the following delivery methods present on the shipping and delivery page.

Despite the deadlines indicated, delays may occur for any of the following reasons:

  1. Delays on the part of carriers;
  2. Difficulties in delivery to the recipient;
  3. Local holidays.

Delivery times refer to working days, with no processing of orders and/or shipments on Saturdays, Sundays and National Holidays.

Payment must be made using one of the available payment methods, and the User must choose to make the payment using an ATM reference valid for 72h00, Visa or Mastercard, or another card available at any time on the website.

The process of processing and shipping the order to the selected store only begins after confirmation of receipt of payment.

Data billing

Whenever you choose to purchase products online – as provided for in paragraphs b) and c) of the previous paragraph – the User will be required to provide the following details for billing:

  1. Full name;
  2. Telephone contact;
  3. Billing address;
  4. NIF to appear on the invoice.

The aforementioned registration data will be requested from the User upon the first purchase through the website, and will be saved for the purpose of future purchases. Without prejudice, the User may choose to enter new data in subsequent purchases.

Order Completion

Before confirming the order, a summary of the order to be placed will be presented, which will include a list of the selected products, their prices, amount payable as VAT, delivery method and payment method and billing information, when applicable.

The User undertakes to check the data contained in their order summary, and must return to the previous steps in order to rectify them if they detect any non-conformity.

To complete the order, it will be necessary for the User to read these Conditions carefully, indicating their agreement on the spot. Acceptance of these Conditions is an absolute requirement for continued operation. The User must immediately print and file the Terms and Conditions for future reference.

Once the order has been completed, the User will receive an automatic email with the “Order Confirmation”. If the data indicated there is not correct, you can immediately request the cancellation of the purchase/reservation made.

In the case of an online purchase (according to paragraphs b) and c) of point 3.4.), upon completing the described procedure and finalizing the order, the User is concluding a purchase and sale contract with the SEASIDE.

Once the total price of the products has been paid, the invoice will be issued and sent to the email provided by the User. Once issued, the invoice cannot be reissued with changes.

Impossibility of delivery

If it is impossible to deliver your order due to the absence of a recipient at the specified location or due to an incorrect address, […the order will be available for collection in our stores || will be available for collection at the carrier's terminal || will be returned || …].

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[We will enter || The carrier will contact the User in order to define a new delivery, and shipping costs will be charged for resending the order.

If it is impossible to deliver the product due to the absence of a recipient at the indicated address, the carrier may be charged for expenses related to storing the products and new delivery attempts.

EXCHANGES AND RETURNS POLICY

Right to free termination of the contract

Under the terms of DL no. 24/2014, of 14 February, amended by Law 47/2012, of 28 July and by DL no. 78/2018, of 15 October, Consumers, whose definition is provided for in referred to, have the right to freely terminate the contract, up to 30 days after receiving the order, without any need for justification.

To exercise the right to freely terminate the contract, the User has the following options:

  1. If you have not yet received the “Order Dispatch Confirmation” email, clearly expressing your desire to cancel the order via the customer support line or service@seaside.pt.
  2. If you have already received the “Order Dispatch Confirmation”, you must wait for it to be delivered to you, then fill out the return form and return the order.

Having exercised the right to freely terminate the contract under the terms set out in the previous paragraphs, the SEASIDE will acknowledge, within 24 hours, receipt of this statement, via email addressed to the User.

The right of free resolution may be exercised by the User for all products purchased or just for some of the products included in the order.

Effects of free termination of the contract

Whenever the right of free resolution is validly exercised by the User, the User will be fully reimbursed for the price paid for the products and respective delivery costs within 14 days from the date of the decision to terminate.

If you have already received the products, the User must, within 14 days from the date on which he communicated his decision to terminate the contract, return them to the facilities of the SEASIDE, bearing any transport costs. Any products returned for collection will not be accepted.

Upon receipt of the returned products, we will check them, ensuring that they are complete and in the same conditions in which they were dispatched. Once this verification has been completed without any problem being detected, we will refund the amount paid using the same payment method used by the User for the original transaction.

A SEASIDE reserves the right to withhold refunds as long as the products are not received or as long as the consumer does not provide proof of their return, as well as the right to refuse refunds for a product that, having been returned, is not in the condition in which it was dispatched. .

Exceptions to the provisions of these Conditions are cases in which the products sold are sealed and cannot be returned for reasons of health protection or hygiene, when opened after delivery. In these situations, the right to freely terminate the contract is not applicable. Likewise, the right to freely terminate the contract will not apply whenever the customer opts for the option given in paragraph a) of point 3.5.

Contractual right to return products

After receiving the products, the User may return and/or exchange them, under the terms indicated below. This right can be exercised for all products purchased or just for some of the products included in an order.

The User has 30 days, counting from the delivery date of the respective order, to return the products purchased online.

The User can also choose to exchange products purchased online in any of the physical stores SEASIDE, with 15 days to do so. Respecting the rules of the commercial establishment.

The contractual right to return products applies exclusively to products that can be returned in the same conditions in which the User received them, with no returns/exchanges for products that have been used, or whose labels have been removed and/or cut off. , or that present damages attributable to the User.

We do not exchange or return sneakers with lights and wheels if the item does not conform.

Any alteration to the products beyond simply opening the respective packaging invalidates the possibility of return or exchange.

Products must be returned using or including, cumulatively:

  1. The original packaging;
  2. The order confirmation number and/or copy of the invoice/receipt;
  3. All product labels and packaging.

Upon receipt of the returned order, the SEASIDE checks the conformity of the products in question, checking whether they are in the exact conditions in which they were shipped, namely with all labels and constituent parts/accessories, without having been used and without any damage caused by the User.

After validating the status of the products, the SEASIDE analyzes the original order and the return form, validating or rejecting the respective return. If the respective return is accepted, the amount paid will be refunded using the same payment method used by the User for the original transaction.

If the return has been made within the deadline set out in these Conditions, and the product meets all the necessary requirements identified, the return will be made.

If all the conditions described above are not met, the return will be refused and communicated to the User by email, which will also indicate the reasons for rejecting the return. The User has the option of requesting the return of products not accepted for return, assuming the respective shipping costs.

Exceptions to the provisions of these Conditions are cases in which the products sold are sealed and cannot be returned for reasons of health protection or hygiene, when opened after delivery. In these situations, the SEASIDE reserves the right to refuse the return of products opened after delivery.

PRODUCT WARRANTY

Defective Products

The products SEASIDE are subject to quality inspection. However, the SEASIDE responds, for any lack of conformity of products sold to Consumers that manifests itself within a period of 2 years from the respective delivery, as long as it is communicated to the SEASIDE within a maximum period of 2 months from the date on which it was detected.

The products do not comply with the purchase and sale contract when any of the following facts occur:

  1. When the products do not comply with the description given by the SEASIDE on your website;
  2. When products are not suitable for the specific use for which they are intended;
  3. When the products are not suitable for the uses normally given to goods of the same type;
  4. When the products do not present the usual qualities and performance of goods of the same type and which the User can reasonably expect, taking into account the nature of the good and, possibly, public statements about its specific characteristics, made by the SEASIDE.

During the warranty period, the product that presents a manufacturing defect will be replaced with a similar model, when repair is not possible.

Therefore, whenever the User considers that the purchased product contains a defect, they must contact the SEASIDE, using the contact form, indicating the order number and presenting the corresponding invoice, explaining the defect and, if possible, sending photographs of the defective item.

A SEASIDE will analyze and confirm whether there is indeed a non-conformity in the product, and if so, we will replace it at no inherent cost, with the responsibility of SEASIDE to contact the User with a view to scheduling the collection of non-conforming goods, covering all return and reshipment costs.

Warranty Exclusions

There is no lack of conformity or defects in the products if, at the time the contract is concluded, the User was aware of such lack of conformity or defects or could not reasonably ignore them. Therefore, when the product was sold with express indication that it contained the defect in question, it cannot be returned as defective. Without prejudice to the User continuing to have access to the return procedures provided for in these Conditions.

Excluded from the warranty are materials subject to breakage, deterioration, oxidation, loss or misplacement, defects caused by shocks, inappropriate use, inadequate conservation and cleaning, negligence, misuse, modifications, unauthorized repairs, accidents or normal wear and tear. and also damage caused by the use of other products, whether in conjunction with these or isolated.

RESPONSIBILITY

To the maximum extent permitted by law, the SEASIDE will only be responsible for damages caused by gross negligence or willful misconduct. A SEASIDE does not assume any responsibility for the continuous availability of its website, and in particular mobile networks, the Internet and mobile devices.

USER SUPPORT

The User may request assistance, direct comments, suggestions or complaints to SEASIDE through the specific form available on the website, or service@seaside.PT.

A SEASIDE is at your disposal for any clarification or resolution of any problem related to the products provided.

ALTERNATIVE DISPUTE RESOLUTION

In the event of a dispute regarding contractual obligations resulting from purchase and sale contracts, in accordance with EU Regulation No. 524/2013, you may attempt to resolve any dispute extrajudicially through access to the electronic online dispute resolution platform, via the email address http://ec.europa.eu/consumers/odr/.

You can also consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of September 8, on the Consumer Portal, via the website www.consumidor.pt .

Without prejudice, we inform you that you may resort to the following Alternative Dispute Resolution Entities:

  1. Center of Arbitration of Consumer Conflicts of Lisbon

(http://www.centroarbitragemlisboa.pt/ or Rua dos Douradores 106, 1100, Lisbon);

  1. Consumer Dispute Arbitration Center of Vale do Ave/Arbitration Court

(http://www.triave.pt/ or Rua Capitão Alfredo Guimarães, 1, 4800-019 Guimarães);

  1. CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)

(http://www.ciab.pt/pt/ or Rua D. Afonso Henriques, 1, 4700-030 Braga / Av. Rocha Paris, 103, 4900-394 Viana do Castelo);

  1. CNIACC - National Center for Consumer Conflict Information and Arbitration

(http://www.arbitragemdeconsumo.org/);

  1. Center of Arbitration of Conflicts of Consumption of the District of Coimbra

(http://www.centrodearbitragemdecoimbra.com or Av. Fernão de Magalhães, nº 240, 1º Andar, 3000-172 Coimbra);

  1. Algarve Consumer Conflict Information, Mediation and Arbitration Center

(http://www.consumoalgarve.pt or Ninho de Empresas, Edif. ANJE, Estrada da Penha, 3rd floor, room 26, 8000 Faro);

  1. Porto Consumption and Arbitration Information Center

(http://www.cicap.pt or Rua Damião de Góis, 31, Loja 6, 4050-225, Porto).

A SEASIDE is not bound by adherence or legal imposition resulting from necessary arbitration, to any alternative consumer dispute resolution entity.

INTELLECTUAL PROPERTY

The User acknowledges and consents that all intellectual property rights, namely, but not limited to, copyright, trademark, designs, commercial secrets or any other rights over the materials or content that are provided as part of the website are, in any case, moment, property of SEASIDE or whoever has granted the license for its use. The User may only use this material in the way that is expressly authorized by us or by those who granted us the license to use it.

These Conditions do not grant the User any rights to use any brands and/or logos as well as designs, or other rights protected by copyright, belonging to or licensed to SEASIDE.

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 appearing on the Website.

A SEASIDE guarantees that, to the best of its reasonable knowledge, it does not violate any intellectual property rights of third parties.

VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

The User must not misuse this website through the intentional introduction of viruses, Trojan horses, spyware, malware, or any other technologically harmful or damaging material. The User will not attempt to gain unauthorized access to this website, the server where this page is hosted or any server, computer or database related to our website. The User undertakes not to attack the website in any way, namely through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause may result in the commission of various crimes foreseen and punished in the personal data protection legislation and in the cybercrime law, which will be duly reported to the competent authorities.

LINKS FROM OUR WEBSITE

If our website contains links to other pages and materials from third parties, these links are provided for informational purposes only, without us having any control or responsibility for the content of these pages or materials, as well as their policies and/or practices. The establishment of links to other websites does not imply, under any circumstances, the existence of relationships between the SEASIDE and the owner or manager of the website to which the link refers. Therefore, we will not accept any liability for damage or loss arising from its use.

WRITTEN COMMUNICATION

By using this website, the User accepts that most of the notifications exchanged with the SEASIDE is electronic, and that this form of communication satisfies the legal requirement that such notifications be made in writing.

User notifications must be sent, preferably, via our contact form.

This condition will not affect the rights recognized by law.

FORCE MAJEURE REASONS/EVENTS

A SEASIDE will not be responsible for any non-compliance or delay in any of the obligations assumed, the cause of which is due to events that are beyond our control (Force Majeure Reasons/Events).

The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our control, including, among others, the following:

  1. General strike, or other forms of protest that significantly affect the country.
  2. Disturbances of public order, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
  4. Impossibility of using public or private telecommunications systems.
  5. Impossibility of using rail, sea, air, road transport or other public or private means of transport.
  6. Government laws, decrees, regulations or restrictions.

Any obligations will be suspended during the period in which the Force Majeure Reasons/Events occur, extending the deadlines for fulfilling such obligations for a period of time equal to the duration of the Force Majeure Reasons/Events.

FINAL DISPOSITIONS

Portuguese law applies to the sales conditions presented, without prejudice to other rights recognized to the consumer by current legislation.

A SEASIDE has the right to change these Conditions at any time. The User is subject to the principles and terms in force at the date of their order, unless the law or competent authority imposes any changes to them (and such changes are applicable to orders already placed).

These Conditions, including the Privacy and Cookies Policies, constitute the entire agreement between the User and the SEASIDE with regard to the use of the website.

Their Policies are an integral part of these Conditions and cannot be separated from them.

THE USER DECLARES THAT THEY HAVE READ AND UNDERSTOOD THESE GENERAL CONDITIONS, AS WELL AS THE POLICIES ASSOCIATED WITH THEM, AND THAT THEY HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. YOU FURTHER ACKNOWLEDGE THAT THIS IS THE COMPLETE AND EXCLUSIVE DECLARATION OF THE AGREEMENT BETWEEN YOU AND SEASIDE, WHICH DEROGATES ANY PRIOR PROPOSAL OR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND SEASIDE, RELATING TO THE OBJECT OF THIS AGREEMENT.

LATEST VERSION: 2020. Lisbon, Portugal.