Terms and Conditions
Object
In case of non-compliance with these Terms and Conditions or improper use of the website, Calçado Lusitanna reserves the right to cancel the user's registration, regardless of the applicable legal procedures.
These terms and conditions aim to define the General Conditions of Sale between Calçado Lusitanna and the User/Consumer, from the act of purchase to the various services provided by Calçado Lusitanna, such as payment methods and order delivery conditions. Browsing and using this website implies acceptance of these Terms and Conditions.
These Terms and Conditions may be revised at any time without prior notice. It is the user's duty to consult these Terms and Conditions each time they visit this website.
These Terms Apply to Consumers and partially to Companies (Described as User, The right to return and guarantee does not apply to Companies)
Our Company
The Calçado Lusitanna online store is owned by:
Company (Company Name): PPB SOLUTION Unipessoal Lda,
Headquarters: Coronel Candido Teles Street 11 - 1 DT 3830 - 126 Ílhavo
Taxpayer number: 517335794
Entry in the registration authority: 8.02.2023
Permanent certificate: 2783-7127-7502
https://eportugal.gov.pt/empresas/Services/Online/Pedidos.aspx?service=CCP
CAE: 47910 – Retail trade by mail or via the internet
Pricing policy
Prices are in euros and include taxes. All prices shown include VAT (where applicable) at the legal rate in force. Shipping costs are added to the price, which is specified at the time of purchase.
(Shipping costs will be shown at the time of Checkout).
Applicable law in jurisdiction - Dispute resolution platform
These General Terms and Conditions of Sale and all related disputes arising therefrom.
Discount and Promotion Policy
We do not hold sales, we only offer occasional discounts and promotions via email. All our discounts and promotions are marked with the start and end date. After the deadline, it is impossible to use the discount or benefit from the promotion.
Place an Order
All products available on the Calçado Lusitanna website are illustrated with photographs and their essential characteristics are indicated.
Calçado Lusitanna makes every effort to ensure that the information presented is up to date and free from typographical errors. Without prejudice, whenever these occur, it will correct them as soon as possible.
At any time Calçado Lusitanna may change, delete or move any information/product on the website and Online Store, without prior notice, particularly those relating to prices, promotions, offers, commercial conditions and services.
The User/Consumer hereby expressly accepts and agrees with the following:
- The images are merely illustrative and may not correspond exactly to the actual appearance of the products. Therefore, the User/Consumer must carefully and fully read the information provided on the website regarding the essential characteristics of each product, warnings and instructions for use. If in doubt, you can contact Calçado Lusitanna in order to obtain additional information by filling in the form provided for making information requests here: https://lusitanna.com/pages/fale-connosco
- All products for sale on the website are subject to existing stock, without prejudice to Calçado Lusitanna 's commitment to providing updated information regarding product availability. Calçado Lusitanna is not obliged to supply products that are unavailable. Whenever any ordered products are unavailable, Calçado Lusitanna will immediately inform the User and refund the respective price within 30 days.
- Calçado Lusitanna will not be held responsible for any discontinued items. In this case, the procedure applicable in the event of product unavailability will apply, as per the previous paragraph.
- 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 into your shopping cart, indicating the number of units required and, where applicable, the respective size and color.
Once the process of selecting the desired products has been completed, the User must select the option “Finalize the purchase”, and to do so, must follow the indicated procedure.
Payment
Calçado Lusitanna has different payment methods available: Multibanco (Entity and Reference), Credit Card (VISA, MasterCard, American Express), Paypal. Google Pay, Apple Pay, Shop Pay and MBWAY.
You can pay for your purchases through the Multibanco ATM Network or on the Internet, using your bank's Homebanking service, having 72 hours to make the payment using the entity and reference provided by Calçado Lusitanna when finalizing your order, which will be automatically cancelled if you do not do so within this period.
If the User/Consumer makes more than 2 purchases, chooses the Multibando payment method and does not make the payment within the deadline, future purchases will automatically be considered fraudulent.
Payment intermediaries charge payment processing fees which are borne by us.
Only after payment confirmation will the purchase be processed and sent to the address indicated by the customer. Payments by Multibanco (Entity and Reference) may take up to 72 business hours to be confirmed.
Billing Data
Whenever you choose to make a purchase at Calçado Lusitanna, the User/Consumer will have to provide the following billing details:
- Full name;
- Telephone contact;
- Billing address;
- NIF to appear on the invoice.
The above registration data will be requested from the User/Consumer whenever they make a purchase. The invoice will be sent by email.
Deliveries and processing time
Calçado Lusitanna works with partner Suppliers/Warehouses that send products directly to your address via CTT EXPRESSO INTERNACIONAL; We work with suppliers in Spain, France, Germany, United Kingdom, Czech Republic, Poland, Italy and China.
After the purchase and payment confirmation, the purchase made by the User/Consumer, the purchase is processed, the processing takes between 2-5 working days after which the purchase is sent.
Your purchase will be delivered within the timeframes indicated below. Delivery times vary depending on the destination, as follows:
Mainland Portugal - Delivery in 8-20 working days (after dispatch);
Azores and Madeira - Delivery between 8-24 working days (after dispatch);
Rest of the World - Delivery in 8-24 business days (after dispatch);
Customs duties and import taxes apply to countries outside the European Union:
Due to the different customs policies and import taxes outside the European Union, Calçado Lusitanna is not responsible for paying these, which are the responsibility of the consumer, and has no control over any other costs, fees or taxes that may be applied when an order arrives in the destination country.
The total price includes only the price of the item, the respective VAT, when applicable, and shipping costs. If the consumer has any questions, he/she should contact the local customs office before placing the order to obtain information about customs costs and their applicability.
Notwithstanding the indicated deadlines, delays may occur for any of the following reasons:
- Delays on the part of carriers;
- Difficulties in delivering to the recipient;
- Local holidays.
Delivery times refer to working days, with no orders being processed and/or shipped on Saturdays, Sundays and National Holidays.
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 respective prices, amount to be paid as VAT, delivery method and payment method and billing information, where applicable.
The User undertakes to check the data contained in their order summary and must go back to the previous steps in order to make the respective correction if they detect any discrepancy.
Once the purchase is complete, the User will receive an automatic email with the “Order Confirmation”. If the data provided is not correct, you can correct it via email: info@lusitanna.com within 72 hours.
In the case of online purchases, upon completing the procedure described and finalizing the order, the User is entering into a purchase and sale contract with Calçado Lusitanna - PPB SOLUTION Unipessoal Lda.
Impossibility of delivery
If it is impossible to deliver your order due to the recipient being absent at the specified location or due to an incorrect address, […the order will be available for collection at the carrier's terminal || it will be returned || …].
OR
[We will contact || The carrier will contact] the User/Consumer to arrange a new delivery, with postage being charged for resending the order.
If it is impossible to deliver the product due to the absence of the recipient at the indicated address, the carrier may charge you for the costs of storing the products and for new delivery attempts.
Contractual right to return and exchange products
After receiving the products, the User/Consumer may return and/or exchange them, under the terms indicated below. This right may be exercised for all the products purchased or only for some of the products included in an order.
Exchanges
The User/Consumer has 14 days to make the exchange after receiving the item, respecting the rules of the commercial establishment.
No exchanges will be made for altered, washed, used, odorous items, items damaged in any way due to misuse or without the original packaging. Lusitanna.com is not responsible for the misuse of its items, nor for their incorrect use.
To make an exchange please contact us at the following email address info@lusitanna.com, indicating the order number and the reason for the exchange. We will return with exchange instructions within 24 business hours.
The customer can exchange it for another item or for a Voucher worth the purchase value to be used later.
In online exchanges, the first exchange (per purchase) is free, after the first exchange (free) the shipping costs are assumed by the customer.
We handle and bear the costs of collecting the purchased product and sending the new one.
Contractual right to return products
The contractual right to return products applies exclusively to Consumers (We do not accept returns from Companies) and to products that can be returned in the same conditions in which the Consumer received them. No returns will be made for products that have been used, or whose labels have been removed and/or cut, that are not returned with the original packaging or that present damage attributable to the Consumer.
Any alteration to the products beyond simply opening the packaging invalidates the possibility of return.
Products must be returned using or including, cumulatively:
- The original packaging;
- The order confirmation number and/or copy of the invoice/receipt;
- All product labels, packaging and protective bags for the item
The request for return and termination of the contract must be made via email: info@lusitanna.com within 14 days after receipt of the product by the Consumer (after 14 days the request for return and termination of the contract is no longer possible).
Shipping costs are non-refundable, nor are payment processing costs.
The product(s) must be sent to our address:
PPB SOLUTION UNI LDA
CORONEL CANDIDO TELES STREET 11 - 1 DT
3830-126 ILHAVO
It is mandatory to request a return via email: info@lusitanna and indicate which product(s) you wish to return. Products sent without notice and without a formal return request via email will not be accepted.
Packages sent by Consumers/Users must come with a sender, if there is no sender we will not accept the package and the customer, as soon as the item is sent, must indicate via email that they sent the item.
After receiving the returned order, Calçado Lusitanna will check the conformity of the products in question, verifying that they are in the exact conditions in which they were shipped, namely with all labels and constituent parts/accessories, original packaging and without having been used and without any damage caused by the Consumer/User.
If the return has been made within the period stipulated 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 the Consumer/User will be notified by email, indicating the reasons for rejecting the return. The Consumer/User has the option of requesting that the products not accepted for return be sent back, assuming the respective return shipping costs.
The provisions of these Conditions do not apply to cases where the products sold are sealed and cannot be returned for reasons of health protection or hygiene, if opened after delivery. In these situations, Calçado Lusitanna reserves the right to refuse the return of products that are opened after delivery.
REFUND IS MADE WITHIN A MAXIMUM PERIOD 14 DAYS AFTER RECEIVING THE PRODUCT AT OUR FACILITIES IF EVERYTHING IS IN ACCORDANCE WITH THE INFORMATION ALREADY MENTIONED.
PRODUCT WARRANTY
Defective Products
Calçado Lusitanna products are subject to quality inspection. However, Calçado Lusitanna is liable for any lack of conformity of products sold to Consumers that becomes apparent within 3 years of delivery, provided that Calçado Lusitanna is notified 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:
- When the products do not comply with the description given by Calçado Lusitanna on its website;
- When the products are not suitable for the specific use for which they are intended;
- When the products are not suitable for the uses normally given to goods of the same type;
- When the products do not present the qualities and performance usual for goods of the same type and that the Consumer/User can reasonably expect, taking into account the nature of the good and, eventually, the public statements about its specific characteristics, made by Calçado Lusitanna .
During the warranty period, any product that presents a manufacturing defect will be replaced by an identical model, when it is not possible to repair it.
Therefore, whenever the Consumer/User considers that the purchased product contains a defect, he/she must contact Calçado Lusitanna , via email: info@lusitanna.com indicating the order number and presenting the explanation of the defect and, if possible, sending photographs of the defective item.
Calçado Lusitanna will analyze and confirm whether there is in fact a non-conformity in the product, and if so, we will proceed to replace it at no cost, with Calçado Lusitanna being responsible for contacting the User to schedule the collection of the non-conforming product, bearing all return and reshipment costs.
Warranty Exclusions
There shall be no lack of conformity or defects in the products if, at the time the contract is concluded, the User is aware of such lack of conformity or defects or could not reasonably have been unaware of them. Therefore, when the product has been sold with an express indication that it contained the defect in question, it may not be returned as defective. This does not prejudice the User continuing to have access to the return procedures provided for in these Conditions.
Materials subject to breakage, deterioration, oxidation, loss or misplacement, defects caused by impacts, inappropriate use, inadequate maintenance and cleaning, negligence, improper use, modifications, unauthorized repairs, accidents or normal wear and tear, as well as damage caused by the use of other products, whether in conjunction with these or separately, are excluded from the warranty.
Newsletter
The term Newsletter refers to emails, promotional offers, institutional newsletters and information about the company sent directly to the customer's email inbox. Subscriptions are made at checkout and can be cancelled at any time by clicking on a link in all emails sent by us.
The Lusitanna Footwear Newsletter is exclusive to the lustianna.com website , through which you will be kept up to date with all new releases.
RESPONSIBILITY
To the maximum extent permitted by law, Calçado Lusitanna shall only be liable for damages caused by gross negligence or wilful misconduct. Calçado Lusitanna assumes no responsibility for the continued availability of its website, and in particular on mobile networks, the Internet and mobile devices.
USER SUPPORT
The User may request assistance, send comments, suggestions or complaints to Calçado Lusitanna via email: info@lusitanna.com.
Calçado Lusitanna is at your disposal for any clarification or resolution of any problem related to the products supplied.
ALTERNATIVE DISPUTE RESOLUTION
In the event of a dispute relating to contractual obligations arising from sales contracts, in accordance with EU Regulation No. 524/2013, you may attempt to resolve any dispute out of court by accessing the online dispute resolution platform at the electronic 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:
- Lisbon Consumer Conflict Arbitration Center
(http://www.centroarbitragemlisboa.pt/ or Rua dos Douradores 106, 1100, Lisbon);
- Vale do Ave Consumer Conflict Arbitration Center/Arbitration Court
(http://www.triave.pt/ or Rua Capitão Alfredo Guimarães, 1, 4800-019 Guimarães);
- 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);
- CNIACC – National Center for Information and Arbitration of Consumer Conflicts
(http://www.arbitragemdeconsumo.org/);
- Consumer Conflict Arbitration Center of the District of Coimbra
(http://www.centrodearbitragemdecoimbra.com or Fernão de Magalhães Avenue, No. 240, 1st Floor, 3000-172 Coimbra);
- Algarve Consumer Conflict Information, Mediation and Arbitration Center
(http://www.consumoalgarve.pt or Business Nest, ANJE Building, Estrada da Penha, 3rd floor, room 26, 8000 Faro);
- Porto Consumer Information and Arbitration Center
(http://www.cicap.pt or Damião de Góis Street, 31, Shop 6, 4050-225, Porto).
Calçado Lusitanna is not bound by membership or legal imposition resulting from necessary arbitration, to any alternative consumer dispute resolution entity.
INTELLECTUAL PROPERTY
The User/Consumer acknowledges and agrees that all intellectual property rights, including, but not limited to, copyright, trademark, designs, trade secrets or any other rights over the materials or content provided as part of the website are, at any time, the property of Calçado Lusitanna or of anyone who has granted the license for its use. The User may only use such material in the manner expressly authorized by us or by anyone who has granted us the license for its use.
These Conditions do not grant the User/Consumer any rights to use any brands and/or logos as well as designs, or other rights protected by copyright, belonging to or licensed to Calçado Lusitanna .
The User shall not copy, translate, disassemble, nor create or attempt to create, by reverse engineering or otherwise, the source and/or object code of the website, nor shall he/she remove any confidentiality or intellectual property notices contained on the Website.
Calçado Lusitanna guarantees that, within the expected and reasonable knowledge it has, it does not violate any intellectual property rights of third parties.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
The User/Consumer must not misuse this website by intentionally introducing viruses, Trojan horses, spyware, malware or any other technologically harmful or damaging material. The User/Consumer must not attempt to gain unauthorized access to this website, the server on which this page is hosted or any server, computer or database connected to our website. The User/Consumer undertakes not to attack the website in any way, including via a denial-of-service attack or a distributed denial-of service attack.
Failure to comply with this clause may result in the commission of several crimes provided for and punished under personal data protection legislation and 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 information purposes only, without us having any control or responsibility over 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 a relationship between the User/Consumer and the owner or manager of the website to which the link refers. Therefore, we will not accept any liability for damages or losses due to their use.
WRITTEN COMMUNICATION
By using this website, the User/Consumer accepts that notifications exchanged with the User/Consumer are electronic (via email), and that this form of communication satisfies the legal requirement that such notifications be made in writing.
User/Consumer notifications must be sent, preferably, via our email: info@lusitanna.com.
This condition will not affect the rights recognized by law.
FORCE MAJEURE REASONS/EVENTS
Calçado Lusitanna will not be responsible for any failure to comply with or delay in any of the obligations assumed, the cause of which is due to events beyond our control (Force Majeure Events/Reasons).
The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is 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, riot, 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 public or private telecommunications systems.
- Impossibility of using railways, sea, air, road or other public or private means of transport.
- Government laws, decrees, regulations or restrictions.
Any obligations will be suspended during the period in which the Force Majeure Events/Reasons occur, extending the deadlines to comply with such obligations for a period of time equal to the duration of the Force Majeure Events/Reasons.
These terms and conditions apply only to Users/Consumers. In Portuguese law, the most relevant definition of a consumer is set out in article 2.º/1 of the Consumer Protection Act (Law no. 24/96, of 31 July). According to its terms, a consumer is anyone to whom goods are supplied, services rendered or any rights transferred, intended for non-professional use, by a person who professionally carries out an economic activity aimed at obtaining benefits. For example, a private individual who purchases a computer in a shop for recreational use will be a consumer. If the aforementioned computer is purchased from another private individual or, for example, in a shop, but for use in his/her profession, the purchaser will no longer be a consumer. The qualification of someone as a consumer places him/her under a special protection regime, generically referred to as “consumer rights”. These include, among others, the right to quality goods and services, information for consumption, protection and education for consumption, legal participation and prompt accessible justice. Companies and Associations are not considered Consumers.
FINAL PROVISIONS
The sales conditions presented are subject to Portuguese law, without prejudice to other rights recognized to the consumer by current legislation.
Calçado Lusitanna has the right to change these Conditions at any time. The User is subject to the principles and terms in force on the date of his/her order, unless the law or competent authority imposes any change to them (and such changes are applicable to orders already placed).
These Conditions, including the Privacy and Cookies Policies, constitute the complete agreement between the User and Calçado Lusitanna regarding the use of the website.
The Policies are an integral part of these Conditions and cannot be separated from them.
THE USER/CONSUMER DECLARES TO HAVE READ AND UNDERSTOOD THESE GENERAL CONDITIONS, AS WELL AS THE POLICIES ASSOCIATED WITH THEM, AND THAT HE HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. HE FURTHER ACKNOWLEDGES THAT THIS IS THE COMPLETE AND EXCLUSIVE DECLARATION OF THE AGREEMENT BETWEEN HIMSELF AND CALÇADO LUSITANNA, WHICH REPEALS ANY PREVIOUS PROPOSAL OR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN HIMSELF AND CALÇADO LUSITANNA , RELATING TO THE SUBJECT MATTER OF THIS CONTRACT.
LATEST VERSION: 2024. ILHAVO, Portugal.