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General Terms of Use
Introduction
These general terms of use (hereinafter referred to as “General Terms of Use”) concern the use of the online platform available at https://cubanas-shoes.com (hereinafter referred to as “Cubanas Online Store”), developed and owned by the company Skooks, S.L., with registered office in RBLA Catalunya, Num. 53, Bloque ATI, Esc. CO. 08007 Barcelona, NIE B67624585.
In particular, these General Terms of Use regulate the use of the Cubanas Online Store by interested parties who register there in order to become customers, (hereinafter “Buyer” and/or “Buyers”) and also by suppliers ( hereinafter “Supplier” and/or “Suppliers”) who wish to make their products available (hereinafter “Products”) for acquisition by the former, through an ordering process to be carried out under the terms set out herein aimed at the purchase and sale of Products between Users and which may include one or more Products.
Cubanas will not be responsible for the activity of Users in the Cubanas Online Store, and is in no way bound to approve, consent or in any way control their activity, and all activities permitted to Users may be carried out in the Cubanas Online Store, within the limits established in these General Terms of Use, other complementary documents and applicable legislation, and sold all types of products, except those expressly identified in the “List of Products Not Allowed in the Cubanas Online Store” as well as others that Cubanas may define at each moment and also of any and all products whose trade is prohibited by national law.
The use of the Cubanas Online Store is subject to prior and express acceptance of these General Terms of Use by Users who, without prejudice to the provisions of point 2 below, will have to express their full consent to them at the time of their registration on the website. Online store.
These General Terms of Use are permanently available at the Cubanas Online Store for consultation and printing by any interested party, who can also save them in digital format, at any time.
1. FRAMEWORK OF THE CUBANAS ONLINE STORE AND FUNCTION OF CUBANAS
1.1 Through the Cubanas Online Store, Cubanas gives Suppliers the opportunity to sell Products to Buyers and the latter the possibility of purchasing them from Suppliers, also allowing Buyers, among other activities to be defined at each time, to share and publicize the Products they purchase, the Products they would like to purchase and the Products they think third parties may be interested in purchasing.
1.2 In this way, Cubanas’ role focuses on the management, promotion, maintenance and development of the Cubanas Online Store, taking part in transactions that are or will be promoted and/or carried out through it, thus being an integral part of orders. Buying and selling businesses are carried out between Users and Cubanas. Cubanas is an integral part of the purchasing process, providing users with the essential payment methods for Products, receiving directly from Buyers the amounts paid by them as price and subsequently delivering them to Suppliers under the terms agreed with them.
2. ACCEPTANCE OF THE GENERAL TERMS OF USE
2.1. Users must carefully read these General Terms of Use before registering at the Cubanas Online Store and carrying out any actions there (namely any Orders), and it is also advisable to print and file them.
2.2. As mentioned above, Users express their consent to these General Terms of Use when registering at the Cubanas Online Store, this consent being renewed by Buyers whenever they place an Order and by Suppliers whenever they accept them.
2.3. Cubanas may change the content of these General Terms of Use at any time and without prior notice, including the possibility of changing any of its complementary documents.
2.4. When using the Cubanas Online Store – including placing Orders – the General Terms of Use and other complementary documents will apply, namely those referred to in the Introduction, and the reading, analysis, understanding and interpretation of these documents must be always done in a joint, integrated and complementary way.
2.5. The General Terms of Use in force on the date on which it was completed will apply to a given Order and not others that may be in force on the date on which any claim or dispute arises.
3. USER RESPONSIBILITY
3.1. Liability arising from the use of materials protected by intellectual and industrial property rightsTrials contained in the Cubanas Online Store will be exclusive to the user.
3.2. If the Buyer wishes to delete his registration with the Cubanas Online Store, he can easily do so in the area designated for the buyer, with the respective personal data and other information made available by the Buyer in question being deleted in accordance with the Privacy Policy mentioned in Point 14 of these General Terms of Use.
4. ACTIVITIES OF NON-REGISTERED USERS IN THE ONLINE STORE
4.1 Until the successful completion of a Buyer’s registration, he or she will always be able to access the Cubanas Online Store having access to the content provided by the suppliers, and will also be able to place orders, only being asked for the data necessary to complete the order. All actions on the Platform require prior registration/login.
5. BUYERS’ ACTIVITIES IN THE CUBANAS ONLINE STORE
5.1 Purchase Products: Each Buyer may place Orders, or simply add Products that interest them to their respective “Shopping Cart”, anywhere on the platform.
5.2 Cubanas reserves the right to change the list of activities available to Buyers in the Cubanas Online Store, in the manner and at the time that, in its sole discretion, it deems convenient, useful or necessary.
6. PLACING ORDERS BY CUBAN BUYERS
6.1. The Order process will necessarily include the following phases:
6.1.1. Phase of Choosing the Product(s): The Buyer must choose the product(s) subject to their Order that are present in the online store;
6.1.2. Order Instruction Phase: The Buyer must provide the information required throughout the Order process, which will consist, in particular, of the delivery address, shipping method, payment method and tax identification number;
6.1.3. Confirmation Phase: The Buyer must confirm the correctness and authenticity of all elements provided by him, as well as his acceptance of the price(s) of the Product(s) subject to the Order, shipping costs, delivery deadline indicated by Cubanas for each Product subject to the Order, and other expenses that may be associated therewith, and also analyze and, if applicable, provide your consent, to the “Shipping, Returns and Exchanges Policy” of Cubanas;
6.1.4. Payment Phase: The Buyer must indicate which payment method he intends to use for the purpose of paying for the Product(s) subject to the Order;
6.1.5. Order Finalization Phase: The Buyer must complete his Order, with the consequences referred to in point 6.2. below, selecting the option indicated in the Cubanas Online Store for this purpose;
6.1.6. Cubanas Confirmation Phase: The Buyer will receive an email in which Cubanas will confirm the successful completion of the Order, indicate an “Order Number” that the Buyer must use in all subsequent communications with the Supplier, and deliver the corresponding invoice to the transaction.
6.2. Upon completing the ordering process, the Buyer validates it by expressing their full and complete acceptance of these General Terms of Use, which implies, in particular, acceptance of the chosen Product(s), respective price and description, as well as the assumption of all rights and obligations arising from these General Terms of Use and other documents referred to herein, in particular Cubanas’ “Shipping, Returns and Exchanges Policy”.
6.3. After completing the Order process, described in point 6.1. above, the Supplier in question must prepare the order, in accordance with the shipping policy, so that the carrier can collect the Product and deliver it to the Buyer’s address or to a carrier’s delivery point if that was the option chosen. , thus complying with all legal duties to which you are subject under current legislation.
6.4. In the message referred to in point 6.1.6. above, will also be sent by Cubanas to the Buyer, in addition to the information required by law, it will contain all the data entered by the latter during the Order process, the latter having to verify their accuracy and if necessary, immediately notify Cubanas of any necessary changes, and you are therefore solely responsible for any consequences of any error or oversight in completing the Order.
6.5. Cubanas gives the Buyer the opportunity to monitor the execution of the Order in the Cubanas Online Store, at any time after its completion.
6.6. Completion of the Order will constitute proof of the order, in accordance with legal provisions, allowing the amounts appearing on the respective receipt to be charged.
6.7. Buyers and Suppliers agree that computerized records, kept in Cubanas’ computer system under secure conditions, prove the communications made, as well as the Orders and payments made.
7. PAYMENT FOR ORDERS BY BUYERS
7.1. Cubanas will entrust an external entity to guarantee the full, safe and correct execution of payments made by Buyers in the Cubanas Online Store, namely the inviolability of the bank details provided by Buyers.
7.2. Payment for the Product(s) purchased at the Cubanas Online Store must be made via credit card or ATM payment under the terms indicated in the “Payment Policy” document.
7.3. The invoice relating to each Order will be issued by Cubanas and will be sent to the Buyer, accompanied by the information provided by the Buyer (no changes will be permitted after the invoice has been issued).
7.4. The prices of the Products are clearly indicated in the Cubanas Online Store, and are expressed in euros (€); these prices do not include: (i) shipping costs for the Product(s) purchased; (ii) the amounts corresponding to any taxes and/or import customs duties that are due for the importation of these products, expenses that will be borne by the Buyer who places the Order.
7.5. The shipping costs for the Product(s) purchased, which may vary depending on the shipping method, the value of the Order, the weight and destination of the Product(s), will be presented in a detailed manner before finalizing the Order.
7.6. When we process your order, we will inform you as soon as possible by email if any of the products included in your order are not available. In this case, we will not charge any amount for said product.
8. DELIVERY OF ORDERS TO BUYERS
8.1. Cubanas, together with the Supplier selling the Product(s) purchased and the Carrier will honor orders duly completed in the shortest possible time, carrying out the respective shipment in accordance with the “Shipping, Returns and Exchanges Policy” made available to the Cubanas Buyer and accepted upon completion of the order.
8.2. In some cases, Cubanas will not be able to confirm a specific delivery date when the Buyer places his order. In these cases, it will provide the best estimate, usually indicating a range of days. Furthermore, the Buyer can check the status of their order at any time in their personal area of the Cubanas Online Store or by contacting customer service via email
support@cubanas-shoes.com.
8.3. When delivering the Products to the Buyer, the Buyer must carefully check:
a) That the tamper-proof label (if applicable) remains intact and that the packaging has not been damaged or altered in any way;
b) That the Product(s) delivered correspond to the Product(s) purchased at the Cubanas Online Store; It is
c) That the number of the Product(s) delivered corresponds to the quantity of the Product(s) purchased at the Cubanas Online Store;
d) That the product is in good condition.
8.4. The Buyer must immediately report, via email to support@cubanas-shoes.com, any violation of the tamper-proof label on the Product packaging (if applicable) or if the number of articles/packaging or indications does not correspond to that indicated on the respective invoice or if the product is faulty, contact the Cubanas Online Store and indicate the Order in which the problems occurred.
9. ORDER GUARANTEES
9.1 Compliance with legislation procedures applicable to the sale of products through transactions concluded remotely to suppliers of goods, in particular discounts that are used for consumers, is the responsibility of Cubanas.
9.2 As a result of the provisions of point 9.1 above, Suppliers are obliged, vis-à-vis Buyers and Cubanas, to fully and timely comply with the obligations indicated and established therein, all in accordance with applicable law and the respective “Shipping, Returns and Exchanges” by Cubanas.
10. RIGHT TO FREE RESOLUTION
10.1. To exercise the right of Free Resolution, the Buyer must return, under registered mail and within 14 days from receipt of the order, all material received. This material must be new and complete, as at the time of receipt of the order, and the products must be returned to us in their original conditions.
10.2. The Buyer must send an email to support@cubanas-shoes.com or contact us via the messaging channel available in the “Orders Area” expressing their intention to return and their reasons.
10.3 In addition to what is mentioned in point 10.2. above, the Buyer will find in the “Orders Area” of the Cubanas Online Store all the necessary means for the full and timely exercise of their legal rights, being able at any time to have real-time access to the “status” of all s the Orders you have placed and, at that same moment, choose to exercise your “right of free resolution” on the Product(s) that comprise it, if the requirements for exercising the right in question are met.
10.4 To exercise the right and free resolution, within 14 working days, under the provisions of Decree-Law no. 24/2014, of 14 February, amended by Law 47/2014 of 28/07 and Decree Law no. 47/2014, of 28/07 return, exchange or activation of the product warranty, Buyers should consult the “Shipping, Returns and Exchanges Policy” of the Cubanas Online Store.
11. PRODUCT QUALITY AND CHARACTERISTICS
11.1 Suppliers guarantee that the Products made available on the Cubanas Online Store are in accordance with current national and community legislation, being individually responsible for any non-compliance.
11.2 Suppliers undertake to follow some sustainability principles such as recycling and choosing durable raw materials; ethical and sustainable products; transparency in actions, such as water, energy consumption and working conditions; and local production.
11.3. The images and colors of the Products published on the Cubanas Online Store may differ from their effective images and colors due to the display settings of local systems and/or devices used by Buyers to view them.
11.4. Suppliers assure Cubanas that when selling these products using the Cubanas Online Store, they respect all applicable standards and rules, including, but not limited to, the provisions of Law 98/2015, of August 18, as amended by DL no. 120/2017, of September 15th.
12. FOR COMPLAINTS AND COMPLAINTS
12.1. For complaints and complaints regarding the online store, you can contact it via the following email support@cubanas-shoes.com or additionally through our complaints book. More information on the Consumer Directorate-General website: www.consumidor.gov.pt
13. MANAGEMENT OF THE CUBANAS ONLINE STORE
13.1. Suppliers acknowledge that the management of the Cubanas Online Store is the responsibility of Cubanas and that they do not have any right or expectation to interfere in these activities.
13.2. Suppliers further recognize that Cubanas is perfectly free to, according to the criteria that seem most relevant to it, authorize the entry of any new Suppliers or eliminate the accounts of those who, in its free and exclusive discretion, harm the functioning of the Online Store Cubanas or contribute in some way to some type of imbalance in the relationship between all Suppliers.
13.3. Cubanas is not responsible for any inconvenience or damage caused to Suppliers and Buyers by the use of the internet, particularly those resulting from disruption of the respective service, external intrusion, anomalies caused by computer viruses or any other cause whatsoever. alien.
14. PRIVACY POLICY
14.1. Cubanas manages Users’ information in accordance with the legal provisions applicable to the protection of personal data, as specified in the specific section of the Cubanas Online Store entitled “Privacy Policy”.
15. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
15.1. The information made available by Cubanas or third parties on the Cubanas Online Store is protected in accordance with the legal provisions relating to industrial and intellectual property rights and other rules set out in the specific section of the Cubanas Online Store entitled “Industrial and Intellectual Property Policy “.
16. CONFLICTS AND JURISDICTION
These General Terms of Use are subject to Portuguese law and any disputes arising from their interpretation, integration or execution will be settled by the courts of the district of Lisbon, the Parties expressly renouncing the jurisdiction of any other Court.
Pursuant to Law No. 144/2015 of 8 September, in the event of a dispute, the parties may resort to an Alternative Consumer Dispute Resolution entity, with the territorially competent authority for this purpose being the Consumer Conflict Arbitration Center in Portugal. Consumo de Lisboa, located at Rua dos Douradouros, 116, 2º 1100-207, Lisbon, available at www.centroarbitragemlisboa.pt Or, outside Portugal on the RLL Platform, of the European Commission, accessible at: https://ec.europa. eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT
INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY
1. General Principle
1.1. The rights relating to intellectual and industrial property such as brands, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained in the Cubanas Online Store are the property of Cubanas, and are, therefore, subject to the right to intellectual and industrial property, safeguarded by Portuguese and international legislation.
2. Prior Written Authorization
2.1 The availability of Products in the Cubanas Online Store does not imply on the part of Cubanas the waiver, transmission, total or partial assignment of rights derived from intellectual and industrial property, nor does it assign rights of use, alteration, exploitation, reproduction, distribution or public communication about these contents, without the prior and express written authorization of the respective rights holders.
2.2 The provisions referred to in the preceding paragraph do not impede the rights to view and obtain a private backup copy of the contents referred to therein, provided that: (i) these rights are exercised in accordance with the principles of good faith; (ii) their intellectual and industrial property remains unchanged; and (iii) are exercised without profit-making intentions and exclusively for the User’s personal and exclusive information.
3. User Responsibility
3.1. The responsibility arising from the use of materials protected by intellectual and industrial property rights contained in the Cubanas Online Store will be exclusive to the user.
4. Intellectual and Industrial Property Policy and General Terms of Use
4.1. This “Intellectual and Industrial Property Policy” is an integral document of the “General Terms of Use” of Loja Online Cubanas and its reading, analysis, understanding and interpretation must always be done in accordance with and in conjunction with the established terms and conditions in the document in question and other documents complementary to it, duly identified there.
5. Abbreviations
5.1. In view of the provisions of the previous point, terms beginning with a capital letter in this “Intellectual and Industrial Property Policy” have the same meaning given to them in the “General Terms of Use” of the Cubanas Online Store, except if this document results in a different meaning.