For the purpose of these General Terms and Conditions, the following terms shall have the following meanings:
"Business Day" means a calendar day, other than a Saturday, a Sunday or a national public holiday.
"Consumer" means any natural person not acting in the course of a profession or business (consument), that enters into an Agreement with Fátima Lopes via Fátima Lopes Webshop;
A Consumer must have 18 years of age in order to use the services.
"Agreement" means any agreement with respect to orders placed for Products available on the FÁTIMA LOPES Webshop concluded between FÁTIMA LOPES and the Consumer via the FÁTIMA LOPES;
"Durable medium" means any instrument, including email, which enables the Consumer to store information addressed to him in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored;
"FÁTIMA LOPES Webshop" means the online webshop of FÁTIMA LOPES on the FÁTIMA LOPES Website;
"FÁTIMA LOPES Website" means the website of FÁTIMA LOPES on www.fatimalopes.com;
"General Terms and Conditions" means these General Terms and Conditions of FÁTIMA LOPES;
"Intellectual Property Rights" means all existing and future intellectual property rights, subsisting anywhere in the world, whether registered or not (including but not limited to all trademark rights, trade name rights, patent rights, copyrights, database rights, design rights, and all trademarks, trade names, domain names, software, patents, works, databases, designs, models, know-how, and all rights in respect of any of the foregoing) relating to the Products and the FÁTIMA LOPES Website;
"Parties" means FÁTIMA LOPES and the Consumer collectively;
"Product" means all goods FÁTIMA LOPES produces and/or sells under – inter alia – the (trade)name 'FÁTIMA LOPES'
2. COMPANY INFORMATION
The Company who operates the Website is Factor Schoes Lda, registered in Portugal , with VAT number 513 299 939, and registered adress in Rua Santa Maria nr 437, 4650-139 Idães, Felgueiras.
Telephone number (00351 96 5541074) e-mail: firstname.lastname@example.org
3.1. These General Terms and Conditions apply to any Agreement (and/or changes or additions thereto) for the sale and delivery of Products concluded through the FÁTIMA LOPES Webshop to which FÁTIMA LOPES is a party and applies to the whole legal relationship between the Parties. These General Terms and Conditions also apply to and form integral part of all quotations and offers made by FÁTIMA LOPES and all acceptances, acknowledgements and confirmations by FÁTIMA LOPES of any orders made by the Consumer.
3.2. By placing an order the Consumer agrees to be bound by these General Terms and Conditions.
3.3. These General Terms and Conditions supersede any previous general terms and conditions for the sale and delivery of Products concluded through the FÁTIMA LOPES Webshop.
4. OFFERS AND ORDERS
4.1. The material on the FÁTIMA LOPES Website is provided for general information only. Obvious errors or mistakes in the offer do not bind FÁTIMA LOPES.
4.2. FÁTIMA LOPES will indicate on the FÁTIMA LOPES Website if an offer is of limited duration.
4.3. An offer is subject to availability. If a Product is out of stock, despite appearing on the FÁTIMA LOPES Webshop, FÁTIMA LOPES may cancel a confirmed order. In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
5. THE AGREEMENT
5.1. Subject to the provisions of these General Terms and Conditions, the Agreement becomes effective upon acceptance of an offer and the fulfilment of the applicable conditions by the Consumer. The Consumer accepts the offer by placing an order through the FÁTIMA LOPES Webshop. Promptly after receiving an order, FÁTIMA LOPES will send an automated email confirming the receipt of the order.
5.2. FÁTIMA LOPES may obtain information – within statutory frameworks – about the Consumer's ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Agreement.
5.3. FÁTIMA LOPES reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:
- The Product is not available or the Product is out of stock;
- The order is flagged by FÁTIMA LOPES's security systems as an unusual order or an order susceptible to fraud;
- The Consumer's billing information is not correct or not verifiable;
- FÁTIMA LOPES has reason to believe the Consumer is a reseller;
- There was an error in the price displayed on the FÁTIMA LOPES Website;
- FÁTIMA LOPES cannot deliver to the shipping address provided by the Consumer.
In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
6.1. All prices quoted on the FÁTIMA LOPES Website are in Euros and include VAT.
6.2. FÁTIMA LOPES reserves the right to change the prices quoted on the FÁTIMA LOPES Website without notice. FÁTIMA LOPES will not be liable to the Customer or any third party for price changes.
6.3. Shipping and delivery rates are applied per order. All costs in connection with shipment import and export duties and excise, as well as all other levies or taxes imposed or levied in respect of the Product, the shipping and customs clearance shall be at the Consumer's expense. Such costs or expenses which have been paid by FÁTIMA LOPES, shall be charged to the Consumer.
7. RIGHT OF WITHDRAWAL
7.1. The Consumer has the right to withdraw from the Agreement within 15 calendar days without giving any reason. The withdrawal period will expire after 15 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the ordered Product. In the event that several Products of the same order are delivered separately, the withdrawal period will expire after 15 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the last ordered Product.
7.2. To exercise the right of withdrawal, the Consumer must inform FÁTIMA LOPES of his decision to withdraw from the Agreement by requesting a Return Merchandise Authorisation on the FÁTIMA LOPES Website by sending an email with an unequivocal written statement to email@example.com within the withdrawal period.
7.3. During the withdrawal period, the Consumer shall handle and inspect the Product and the packaging with care, in the same manner as the Consumer would be allowed to do in a retail shop. The Consumer shall only unpack or use the Product to the extent necessary to establish the nature, the characteristics and the functioning of the Product. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
7.4. If the Consumer exercises its right of withdrawal, the Consumer will return the Product to FÁTIMA LOPES at its own risk and expense, without undue delay and in any event no later than 15 calendar days from receiving the order to withdraw to FÁTIMA LOPES. If the Consumer is located outside the European Union, the Consumer shall declare the returned Product as "Returned Goods - Failed Sale" on the customs declaration.
7.5. The Consumer shall return the Product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
7.6. If the Consumer timely exercises its right of withdrawal, FÁTIMA LOPES will reimburse the payments received from the Consumer, immediately after FÁTIMA LOPES has received the Product back. FÁTIMA LOPES will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise. Fátima Lopes will not reimburse any shipping costs.
7.7. FÁTIMA LOPES is entitled to refuse to accept a returned Product and the reimbursement of payments if the Consumer does not comply with the instructions of this clause 7.
8. PAYMENT BY THE CONSUMER
8.1. Save as otherwise provided in the Agreement or in applicable additional terms and conditions, the sums payable to FÁTIMA LOPES will be paid by the Consumer within 14 calendar days after the conclusion of the Agreement.
8.2. FÁTIMA LOPES does not accept any other method of payment than the payment methods indicated on the FÁTIMA LOPES Website. FÁTIMA LOPES may change these payment methods at any time. All actual costs of payment will be passed on to the Consumer.
8.3. The Consumer has the duty to inform FÁTIMA LOPES of any inaccuracies in payment data provided or stated.
9. SHIPPING AND DELIVERY
9.1. The ordered Product will be shipped to the Consumer within maximum 15 Business Days after the confirmation of the order. In the event that multiple orders with the same shipping address are placed by the Consumer, these orders may be combined, unless otherwise requested by the Consumer. In such event the Products will be shipped to the Consumer within maximum 15 Business Days after the last order.
9.2. The shipping and delivery terms indicated in these General Terms and Conditions, on the FÁTIMA LOPES Website or otherwise communicated by FÁTIMA LOPES are indicative and not guaranteed. If FÁTIMA LOPES is unable to meet the (estimated) shipping date, FÁTIMA LOPES will notify the Consumer accordingly. FÁTIMA LOPES shall not be liable for any damages and costs arising out or in connection with delayed delivery.
9.3. FÁTIMA LOPES ships to shipping addresses in the countries indicated on the FÁTIMA LOPES Website. FÁTIMA LOPES will deliver the Product at the shipping address specified in the order of the Consumer.
9.4. If the shipping address is located outside the European Union, the Consumer shall be responsible for assuring that the ordered Product can be lawfully imported.
9.5. FÁTIMA LOPES is authorised to engage third parties in the fulfilment of its shipping and delivery obligations under the Agreement. All shipping services used by FÁTIMA LOPES provide a tracking number.
9.6. FÁTIMA LOPES retains the full and unconditional ownership of the ordered Product until the Product as well as all other claims of FÁTIMA LOPES vis-à-vis the Consumer are paid in full. The Consumer shall in no event have a right of retention with regard to the Product. FÁTIMA LOPES is entitled to repossess the Product if the Consumer fails to fulfil any of its obligations under the Agreement and/or if FÁTIMA LOPES infers from the Consumer's behaviour or communication that the Consumer will fail to fulfil any of its obligations under the Agreement.
9.7. All risks in connection with the Product shall pass to the Consumer when the Product is delivered at the shipping address specified in the order of the Consumer. If the Consumer refuses or fails to take and/or accept delivery of the ordered Product, the Consumer will be charged the actual costs of shipping the Product back to FÁTIMA LOPES.
10.1. FÁTIMA LOPES wishes to point out that the Consumer can rely upon the legal guarantee of conformity of goods. The Consumer is obliged to closely examine the delivered Product upon the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the Product.
10.2. The Consumer shall inform FÁTIMA LOPES of any complaints about defects and/or non-compliance with the specifications of the delivered Product, including but not limited to complaints in respect of visible defects and/or damages of the Product and/or the colour of the Product. Any complaints shall be sent in writing to the following email address: firstname.lastname@example.org. The email shall contain a clear description of the complaint, the Consumer's name, the order number included in the order confirmation and the article number of the Product and shall be sent within a reasonable time after the discovery of the defects, but in any case no later than thirty days after the receiving of the order till the return.
10.3. Complaints submitted to FÁTIMA LOPES will be replied within a period of five (5) Business Days, from the date of receipt of the complaint. The Consumer shall give FÁTIMA LOPES all such assistance as FÁTIMA LOPES may require for the purpose of examining the complaint. FÁTIMA LOPES is only obliged to take complaints into consideration, if FÁTIMA LOPES is given the opportunity to verify the complaint.
10.4. In the event of a timely, correct and justified complaint in accordance with this clause 10, the Consumer shall be entitled to either replacement or repair of the defective or non-conforming Product, or an appropriate credit for the purchase price of the Product.
10.5. The Consumer shall return the defective or non-conforming Product in its entirety to FÁTIMA LOPES. The return costs are for the account of the Consumer. The defective or non-conforming Product shall become FÁTIMA LOPES's property as soon as it has been replaced or credited.
10.6. A complaint that does not meet the requirements set out in this clause 10, shall not be taken into consideration by FÁTIMA LOPES, the Product shall be deemed to have no defects and conform to the specifications and does not release the Consumer from any of its obligations under the Agreement.
11.1. FÁTIMA LOPES shall in no event be liable to the Consumer for any indirect loss or damage arising out of or in connection with the Agreement, the sale of any Products by FÁTIMA LOPES or the use thereof by the Consumer, whether or not such damage is based on tort, product liability, guarantee, statutory duty or otherwise, unless the damage is caused by intent or wilful recklessness of FÁTIMA LOPES.
11.2. Notwithstanding anything to the contrary in the Agreement or these General Terms and Conditions, any aggregate liability of FÁTIMA LOPES to the Consumer arising in connection with the Agreement or these General Terms and Conditions, under any theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise, shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by intent or wilful recklessness by FÁTIMA LOPES or its managerial staff).
12. FORCE MAJEURE
12.1. FÁTIMA LOPES shall not be liable for any failure or delay in performance if such failure or delay results from interruptions in the Product's manufacturing process or if such failure or delay is caused by force majeure, whether or not such force majeure was foreseeable at the time of the Agreement. As a result of such force majeure and/or default by one of FÁTIMA LOPES's suppliers, FÁTIMA LOPES cannot reasonably be required to execute its obligations.
12.2. In the event that, as a consequence of force majeure and/or default by one of FÁTIMA LOPES's suppliers, FÁTIMA LOPES is prevented from fulfilling its obligations to the Consumer, such obligation shall be suspended for the duration of the event of the force majeure and/or default by one of FÁTIMA LOPES's suppliers, the Consumer shall not be entitled to any compensation whatsoever.
12.3. In the event that the force majeure and/or default by one of FÁTIMA LOPES"s suppliers extends or reasonably expected by FÁTIMA LOPES to extend for a period of three (3) consecutive months, FÁTIMA LOPES shall be entitled to cancel the affected Agreement without any liability towards the Consumer.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. All Intellectual Property Rights shall remain the exclusive property of FÁTIMA LOPES or its licensors. The Consumer acknowledges that it has no right, title or interest in, nor will it acquire or attempt to acquire any Intellectual Property Rights in its own or third parties' name, or for its own or others' behalf or act in any such way that may give the impression to third parties that the Consumer is proprietor of any of these Intellectual Property Rights.
13.2. The Consumer shall not copy any Products or (any part of) the FÁTIMA LOPES Website, nor (otherwise) use any Intellectual Property Rights, without FÁTIMA LOPES's prior written approval. The Consumer shall not cause or permit anything to be done which may damage or cause detriment to the Intellectual Property Rights, including but not limited to their validity, distinctive character and/or reputation.
13.3. Nothing in any Agreement and/or these General Terms and Conditions shall be construed as conferring any license or granting any rights to the Consumer regarding any Intellectual Property Rights.
FÁTIMA LOPES will process personal details of the Consumer in accordance with the privacy statement published on the FÁTIMA LOPES Website.
15. AVAILABILITY OF THE FÁTIMA LOPES WEBSHOP
FÁTIMA LOPES does not guarantee that the FÁTIMA LOPES Website, or any content on it, will always be available or that access will always be uninterrupted. Access to the FÁTIMA LOPES Website is permitted on a temporary basis. FÁTIMA LOPES reserves the right to suspend, withdraw, discontinue or alter all or any part of the FÁTIMA LOPES Website at any time as it sees fit without notice. FÁTIMA LOPES shall not be liable for any reason due to which the FÁTIMA LOPES Website is unavailable at any time or for any period.
16.1. The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of any other provision of these General Terms and Conditions. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable. The interpretation of the replacing provisions shall be as close as possible to the intent of the invalid or unenforceable provision.
16.2. FÁTIMA LOPES reserves the right to unilaterally amend these General Terms and Conditions at any time. In the event that the General Terms and Conditions have been amended, FÁTIMA LOPES will give a notice of this by stating on the FÁTIMA LOPES Website that the General Terms and Conditions have been amended, thereby indicating the date of such amendments.
16.3. FÁTIMA LOPES may transfer, assign and/or pledge its rights and/or obligations under the Agreement to a third party. This will not affect the Consumer's rights and obligations.
16.4. The Consumer may only transfer, assign and/or pledge his/her rights and/or obligations under the Agreement to a third party upon written approval from FÁTIMA LOPES.
MODEL WITHDRAWAL FORM
If you would like to withdraw from your purchase and return it to FÁTIMA LOPES, you can do so by completing below form and sending it either by email to email@example.com or as a letter by mail.
To: FÁTIMA LOPES
FACTOR SCHOES LDA
Email address: firstname.lastname@example.org
I /We (*) hereby give notice that I / we (*) withdraw from the Agreement of the following product:
My/Our contact details are:
(*): Delete as appropriate