Terms and Conditions

Purpose

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 applicable legal procedures.

These conditions aim to define the General Terms and 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 Businesses (Described as User, the right to return and warranty does not apply to Businesses)

Our Company

The Calçado Lusitanna online store is owned by:

Company (Company Name): PPB SOLUTION Unipessoal Lda,

Head office: Rua Coronel Candido Teles 11 - 1 DT 3830 - 126 Ílhavo

Tax identification 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 sale via mail order houses or via Internet

Pricing Policy

Prices should be understood in euros and include taxes. All prices shown include VAT (when applicable) at the legal rate in force. Shipping costs will be added to the price, which will be specified at the time of purchase.
(Shipping costs will be shown at checkout).

Applicable law in jurisdiction - Dispute resolution platform
These General Terms and Conditions of Sale and all disputes arising therefrom that are related.

Discount and Promotion Policy

We do not have sales, we only offer occasional discounts and promotions via email. All our discounts and promotions will be marked with their start and end dates; outside this period, it is not possible to use the discount or benefit from the promotion.

Placing an Order

All products available on the Calçado Lusitanna website are illustrated with photographs and indicate their essential characteristics.

Calçado Lusitanna makes every effort to ensure that the information presented is up-to-date and free from typographical errors. However, should these occur, they will be corrected 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, namely those relating to prices, promotions, offers, commercial conditions and services.

The User/Consumer hereby expressly accepts and agrees to the following:

1. The images are merely illustrative and may not strictly correspond to the actual appearance of the products, so the User/Consumer must carefully and fully read the information provided on the website about the essential characteristics of each product, warnings, and instructions for use. In case of doubt, you can contact Calçado Lusitanna to obtain additional information by filling out the form available for information requests here: https://lusitanna.com/pages/fale-connosco
2. All products for sale on the website are subject to existing stock, without prejudice to Calçado Lusitanna's commitment to present 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, refunding the respective price within 30 days.
3. Calçado Lusitanna will not be responsible for any discontinued items. In this case, the procedure applicable in case of product unavailability, as per the previous paragraph, will apply.
4. The prices and products made 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 purchase procedure, namely, by adding the desired products to your shopping cart, indicating the desired number of units and, when applicable, the respective size and color.

Once the product selection process is complete, the User must select the "Checkout" option, and follow the indicated procedure.

Payment

Calçado Lusitanna offers different payment methods: 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 online, using your bank's Homebanking service. You have 72 hours to complete the payment using the entity and reference provided by Calçado Lusitanna at the time of completing your order. The order will be automatically cancelled if payment is not made within this period.

If the User/Consumer makes more than 2 purchases, chooses the Multibanco payment method, and fails to make the payment within the deadline, future purchases will be automatically deemed fraudulent.

Payment intermediaries charge payment processing fees that are borne by us.

Only after payment confirmation will the purchase begin processing and be sent to the address indicated by the customer. Multibanco (Entity and Reference) payments may take up to 72 business hours to be confirmed.

Billing Information

Whenever you choose to make a purchase at Calçado Lusitanna, the User/Consumer will need to provide the following billing information:

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

The aforementioned registration data will be requested from the User/Consumer whenever they make a purchase. The invoice is sent by email.

Deliveries and processing time

Calçado Lusitanna works with partner Suppliers/Warehouses who 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 purchase and payment confirmation, the purchase made by the User/Consumer enters processing, which takes between 2-5 business days, after which the purchase is shipped.

Your purchase will be delivered within the times 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 working days (after dispatch);

Customs duties and import taxes apply to countries outside the European Union:

Due to different customs policies and import taxes outside the European Union, Calçado Lusitanna is not responsible for paying them, which are borne by the consumer, nor does it have control over other possible costs, fees or taxes that may be applied upon the arrival of an order in the destination country.
The total price only includes the price of the item, the respective VAT, when applicable, and shipping costs. If the consumer has any questions, they should contact the local customs office before placing their order to obtain information about customs costs and their applicability.

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

1. Delays by carriers;
2. Delivery difficulties to the recipient;
3. Local holidays.

Delivery times refer to working days, and there is no order processing and/or dispatches 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 selected products, respective prices, VAT amount to be paid, delivery method and payment method, and billing information, where applicable.

The User undertakes to verify the data contained in their order summary and must go back to the previous steps to rectify any discrepancies found.

Once the purchase is finalized, the User will receive an automatic email with the "Order Confirmation". If the data indicated therein is incorrect, they can correct it via email: info@lusitanna.com within 72 hours.

In the case of an online purchase, by completing the described procedure and finalizing the order, the User enters into a sales contract with Calçado Lusitanna - PPB SOLUTION Unipessoal Lda.

Impossibility of delivery

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

OR

[We || The carrier] will contact the User/Consumer to arrange a new delivery, with shipping costs being charged for resending the order.

In case of impossibility of delivery of the product due to the absence of the recipient at the indicated address, the carrier may charge you for storage costs and new delivery attempts.

Contractual right of return and exchange of products

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

Exchanges

The User / Consumer has 14 days to exchange the item after receipt, respecting the rules of the commercial establishment.

Exchanges are not made for altered, washed, used, odorous, in any way damaged by 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 by email info@lusitanna.com, indicating the order number and the reason for the exchange. We will respond with exchange instructions within 24 business hours.

The customer can exchange for another item or for a voucher equal to the purchase value to use later.

For online exchanges, the first exchange (per purchase) is free, after the first (free) exchange, transport costs are borne by the customer.

We handle and bear the costs of collecting the purchased product and shipping the new one.

Contractual right to return products

The contractual right to return products applies exclusively to Consumers (we do not accept returns from businesses) and to products that can be returned in the same condition in which the Consumer received them. Returns are not accepted 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 show damage attributable to the Consumer.

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

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 and item protection bags.

The request for return and termination of the contract must be made via email: info@lusitanna.com within 14 days after the Consumer receives the product (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

RUA CORONEL CANDIDO TELES 11 - 1 DT

3830-126 ILHAVO

It is mandatory to request the return via email: info@lusitanna and indicate which product(s) you wish to return. Product or products sent without notice and without a formal return request via email will not be accepted for return.

Packages sent by Consumers / Users must have a sender. If there is no sender, we will not accept the package, and the client must indicate via email that they have sent the item.

Upon receipt of the returned order, Calçado Lusitanna will verify the conformity of the products in question, ascertaining whether 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 was made within the period provided in these Conditions, and the product meets all the necessary identified requirements, the return will be processed.

If all the conditions described above are not met, the return will be refused and communicated to the Consumer / User by email, which will also indicate the reasons for the return's rejection. The Consumer / User has the option to request the reshipment of the rejected products, bearing the respective reshipment costs.

Exceptions to the provisions of these Conditions include cases where the sold products are sealed and not suitable for return for health or hygiene reasons, when opened after delivery. In these situations, Calçado Lusitanna reserves the right to refuse the return of products opened after delivery.

THE REFUND WILL BE PROCESSED WITHIN A MAXIMUM PERIOD OF 14 DAYS AFTER RECEIVING THE PRODUCT AT OUR FACILITIES, PROVIDED EVERYTHING IS IN ACCORDANCE WITH THE INFORMATION ALREADY MENTIONED.

Right to refuse or cancel orders

Calçado Lusitanna reserves the right to refuse or cancel any order, even after payment confirmation, whenever there is just cause, namely in the following cases:

• indications of fraud or abusive use of the website

• provision of incorrect or incomplete data by the User

• abusive, offensive, threatening, or bad-faith behavior by the User in communications with the company

• situations that determine a breach of trust in the commercial relationship

• manifest price error or unexpected stock breakage

• technical or logistical impossibility of fulfilling the order

Under the terms of article 405 of the Civil Code (principle of contractual freedom), article 334 of the Civil Code (prohibition of abuse of rights) and article 762, no. 2 of the Civil Code (principle of good faith), Calçado Lusitanna may terminate the contractual relationship when there is a violation of the duties of good faith or just cause that compromises the normal execution of the contract.

Whenever payment has occurred, Calçado Lusitanna will fully refund the amounts paid by the User, without additional costs for the User, within the shortest applicable legal period.

PRODUCT WARRANTY

Defective Products

Calçado Lusitanna products undergo quality inspection. However, Calçado Lusitanna is responsible for any lack of conformity of products sold to Consumers that becomes apparent within 3 years from their delivery, provided it is communicated to Calçado Lusitanna within a maximum period of 2 months from the date it was detected.

Products are not in conformity with the sales contract if any of the following facts occur:

1. When the products do not conform to the description given by Calçado Lusitanna on its website;
2. When the products are not suitable for the specific purpose for which they are intended;
3. When the products are not suitable for the uses habitually 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 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 showing a manufacturing defect will be replaced by an identical model if it cannot be repaired.

Therefore, whenever the Consumer / User believes that the purchased product contains a defect, they should contact Calçado Lusitanna via email: info@lusitanna.com, indicating the order number and explaining the defect, and if possible, sending photographs of the defective item.

Calçado Lusitanna will analyze and confirm whether a non-conformity in the product actually exists. If so, we will proceed with its replacement without any inherent cost. Calçado Lusitanna will be responsible for contacting the User to schedule the collection of the non-conforming item, bearing all return and reshipment costs.

Exclusions from Warranty

There is no lack of conformity or defects in the products if, at the time the contract was concluded, the User was aware of such lack of conformity or defects or could not reasonably have been unaware of them. Thus, when the product has been sold with an express indication that it contained the defect in question, it cannot be returned as defective. This is without prejudice to the User's continued availability of the return procedures provided for in these Conditions.

The warranty excludes materials subject to breakage, deterioration, oxidation, loss or misplacement, defects caused by blows, inappropriate use, inadequate conservation and cleaning, negligence, improper use, unauthorized modifications, repairs, accidents or normal wear and tear, as well as damages caused by the use of other products, either in conjunction with these or in isolation.

Newsletter
Newsletters are emails, promotional offers, institutional newsletters, and information about the company sent directly to the customer's email inbox. Subscription is done at checkout and can be canceled at any time by clicking on a link present in all emails sent by us.

The Calçado Lusitanna Newsletter is exclusive to the website lustianna.com, through which you will be informed of all new releases.

LIABILITY

To the maximum extent permitted by law, Calçado Lusitanna shall only be liable for damages caused by gross negligence or willful misconduct. Calçado Lusitanna assumes no responsibility for the continuous availability of its website, and especially of 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 case of a dispute regarding contractual obligations arising from sales contracts, in accordance with EU Regulation no. 524/2013, you may try to resolve any dispute extrajudicially by accessing the electronic online dispute resolution platform at http://ec.europa.eu/consumers/odr/.

You may 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, through the website www.consumidor.pt .

Notwithstanding, we inform you that you may resort to the following Alternative Dispute Resolution Entities:

1. Lisbon Consumer Conflict Arbitration Center

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

2. Vale do Ave Consumer Conflict Arbitration Center / Arbitral Tribunal

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

3. CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitral Tribunal)

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

4. CNIACC – National Center for Consumer Information and Arbitration of Conflicts

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

5. Coimbra District Consumer Conflict Arbitration Center

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

6. 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);

7. Porto Consumer Information and Arbitration Center

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

Calçado Lusitanna is not bound by adhesion or legal imposition arising from necessary arbitration to any consumer alternative dispute resolution entity.

INTELLECTUAL PROPERTY

The User / Consumer acknowledges and agrees that all intellectual property rights, namely, but not limited to, copyright, trademark, designs, trade secrets, or any others over the materials or content provided as part of the website, are, at all times, the property of Calçado Lusitanna or whoever has granted the license for their use. The User may only use such material in the manner expressly authorized by us or by whoever granted us the license for its use.

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

The User will not copy, translate, disassemble, 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 intellectual property notices contained on the Website.

Calçado Lusitanna guarantees that, to the expected and reasonable extent of its knowledge, it does not infringe any intellectual property rights of third parties.

VIRUSES, PIRACY AND OTHER CYBER 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 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 / Consumer undertakes not to attack the website in any way, namely through a denial-of-service attack or a distributed denial-of-service attack.

Non-compliance with this clause may entail the practice of various crimes foreseen and punished in 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 third-party pages and materials, these links are provided for informational purposes only, and we have no control or responsibility over the content of those pages or materials, nor over their policies and/or practices. The establishment of links to other websites does not imply, in any case, the existence of relationships between the User / Consumer and the owner or manager of the website to which the link refers. Therefore, we will not accept any responsibility for damages or losses due to their use.

WRITTEN COMMUNICATION

By using this website, the User / Consumer accepts that notifications exchanged with Calçado Lusitanna will be electronic (via email), and that this form of communication satisfies the legal requirement that such notifications be made in writing.

The User / Consumer's notifications should preferably be sent via our email: info@lusitanna.com.

This condition shall not affect rights recognized by law.

FORCE MAJEURE REASONS/EVENTS

Calçado Lusitanna will not be responsible for any non-compliance or delay of any of the assumed obligations due to events that are beyond our control (Force Majeure Reasons/Events).

The concept of Force Majeure must include any act, event, failure to exercise, omission or accident that is beyond our control, including, but not limited to, the following:

1. General strike, or other forms of protest that significantly affect the country.
2. Public disorder, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, floods, earthquake, collapse, epidemic or any other natural disaster.
4. Impossibility of using public or private telecommunications systems.
5. Impossibility of using railways, sea, air, road or other public or private transport.
6. Laws, decrees, regulations or government restrictions.

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

These terms and conditions apply only to Users / Consumers. In Portuguese law, the most relevant definition of a consumer is provided in article 2.º/1 of the Consumer Protection Law (Law no. 24/96, of July 31). According to its terms, a consumer is anyone to whom goods are supplied, services are provided, or any rights are transferred, intended for non-professional use, by a person who professionally carries out an economic activity aimed at obtaining benefits. For example, an individual who buys a computer in a store for recreational use will be considered a consumer. If the mentioned computer is bought from another individual or, for example, in a store, but for use in their profession, the buyer will no longer be a consumer. Qualifying someone as a consumer places them under a special protection regime, generally referred to as "consumer rights". These include, among others, the right to the quality of goods and services, to information for consumption, to protection and education for consumption, to legal participation, and to accessible and prompt justice. Companies and Associations are not considered Consumers.

FINAL PROVISIONS

Portuguese law applies to the presented sales conditions, 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 at the date of their order, unless the law or competent authority imposes any alteration to them (and such alterations 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.

Its 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 THEY HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. THEY FURTHER ACKNOWLEDGE THAT THIS CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THEM AND CALÇADO LUSITANNA, WHICH OVERRIDES ANY PRIOR PROPOSAL OR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN THEM AND CALÇADO LUSITANNA, RELATING TO THE SUBJECT OF THIS CONTRACT.

LAST VERSION: 2024. ILHAVO, Portugal.