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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“) which was developed by and belongs to Skooks, S.L., based at 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 those who log in thereto in order to become customers (hereinafter referred to as “Buyer” and/or “Buyers”) as well as by the suppliers (hereinafter referred to as “Supplier” and/or “Suppliers”) who intend to make their products (hereinafter referred to as “Products”) available for the former to buy by placing orders in accordance with the terms set forth herein for buying and selling the Products among the Users and that may include one or more Products.
Cubanas shall not be held responsible for Users’ activities in the Cubanas Online Store, and it shall not be required to approve, consent to or control such Users’ activities allowed to be performed in the Cubanas Online Store according to these General Terms of Use, other supplementary documents thereto and the applicable law. All kinds of products can be sold in the Cubanas Online Store, except those expressly listed in the “List of Products Not Allowed in the Cubanas Online Store” as well as others that Cubanas may include therein at any time and all and any products that can’t be sold according to the national Law.
The use of the Cubanas Online Store is subject to prior and express acceptance of these General Terms of Use by the Users who will, without prejudice to what is set forth in Item 2, be required to give their full consent thereto when logging in to the Online Store.
These General Terms of Use are available in the Cubanas Online Store for reference purposes and can be printed as well as digitally saved at any time.
1.1 Via the Cubanas Online Store, Cubanas gives its Suppliers the opportunity to sell Products to Buyers and said Buyers to buy Products from the Suppliers, allowing Buyers, among other activities which may be determined at each time, to buy the Products they think third parties may be interested in buying.
1.2 This way, Cubanas focuses on managing, promoting, maintaining and developing the Cubanas Online Store, and takes part in transactions which are or will be promoted and/or performed through it, thus being integral part of the orders. The buy and sell business takes part between the Users and Cubanas. Cubanas is an integral part of the buying process, granting the Users the necessary payment conditions when buying the Products, being paid directly by the Buyers for such Products and delivering such Products to the Suppliers at a later time according to the terms agreed with them.
2.1. The Users must read these General Terms of Use carefully before logging in to the Cubanas Online Store and performing any actions therein (hereinafter referred to as Orders). It is also advisable to print and save such General Terms of Use.
2.2. According to the aforementioned, the Users shall provide their consent to these General Terms of Use when logging in to the Cubanas Online Store, and such consent must be renewed by the Buyers every time they place an Order as well as by the Suppliers every time they accept such Orders.
2.3. Cubanas is free to amend these General Terms of Use, including their supplementary documents, at anytime and without prior notice.
2.4. The use of Cubanas Online Store – including Order placement – will be applied to the General Terms of Use and other supplementary documents thereto. The documents referred to in the Introduction shall be read, reviewed, understood, and construed jointly and complementarily.
2.5. The General Terms of Use in effect at the date of a certain Order will be applied thereto, and not others that may be in effect at the date of a claim or dispute.
3.1. The User shall be solely responsible for the use of materials covered by the industrial and intellectual property rights contained in the Cubanas Online Store.
3.2. In case the Buyer intends to cancel its registration in the Cubanas Online Store, he may easily do so in the area designed to the buyer. The Buyer’s personal information and other information made available by the Buyer will be deleted according to the Privacy Policy referred to in Item 14 in these General Terms of Use.
4.1 Upon a Buyer’s successful login, he/she may visit the Cubanas Online Store, have access to all contents made available by the suppliers, and place orders. Such Buyer shall provide the necessary information in order to place an order. All activities in the Platform require the User’s login.
5.1 Buy Products: Each Buyer may place Orders or only add Products to his/her respective “Shopping Cart” anywhere in the Platform.
5.2 Cubanas reserves the right to change the list of activities available to the Buyers in the Cubanas Online Store, at its sole discretion, whenever and however it considers to be convenient, useful or necessary.
6.1. The Order placement process will necessarily include the following steps:
6.1.1. Product Selection Step: The Buyer shall select the product(s) to be included in his/her Order that is/are available in the online store;
6.1.2. Information Step: The Buyer shall provide the information required throughout the Order placement process which will be comprised of a shipping address, shipping method, payment method, and tax ID number;
6.1.3. Confirmation Step: The Buyer shall review and confirm all information provided as well as accept the price(s) of the Product(s) placed in the Order, the shipping cost, the delivery time provided by Cubanas for each Product in such Order, and other expenses associated therewith from time to time. In addition, the Buyer shall review and, if necessary, give his/her consent to Cubanas “Shipping, Return and Exchange Policy”;
6.1.4. Payment Step: The Buyer shall indicate the payment method he/she intends to use in order to pay for the Product(s) in such Order;
6.1.5. Order Placement Completion Step: The Buyer shall complete his/her Order placement process, accepting the consequences set forth in Item 6.2 below by selecting the box indicated in the Cubanas Online Store;
6.1.6. Cubanas Confirmation Step: An email will be sent to the Buyer confirming the successful Order placement and providing an “Order Number” which the Buyer shall use in every subsequent communication with the Supplier who will send the corresponding invoice to the Buyer.
6.2. Upon completion of the Order placement process, the Buyer will confirm it by fully accepting these General Terms of Use which implies in accepting the selected Product(s), respective price and description, as well as all rights and obligations arising from these General Terms of Use and other documents referred herein, in particular Cubanas “Shipping, Return and Exchange Policy”.
6.3. Upon completion of the Order placement process, as described in Item 6.1 above, such Supplier shall prepare such Order, in accordance with the shipping policy, so that the transport company can pick up the Product and deliver it at the Buyer’s shipping address or take it to a collection point for pick up if that was the option chosen by the Buyer, according to all legal duties set forth in the law in effect.
6.4. In the message referred to in Item 6.1.6 above, Cubanas will send to the Buyer the Order documentation, besides the information required by law, where all information entered by the latter during the Order placement process will be provided, and the Buyer shall review such information and, if necessary, promptly notify Cubanas of any necessary changes. The Buyer shall be solely responsible for any consequences due to any mistakes made when placing the Order or lack of information in the Order.
6.5. Cubanas will give the Buyer the opportunity to track the Order in the Cubanas Online Store at any time after its completion.
6.6. The completion of the Order will constitute the Order confirmation under legal provisions, allowing the corresponding amount to be charged in the respective invoice.
6.7. The Buyers and Suppliers agree that the records safely maintained in Cubanas computer system constitute proof of communication between them, as well as the Orders placed and payments made in the past.
7.1. Cubanas will assign a third party entity to safely process the payments made by the Buyers in the Cubanas Online Store and protect the bank account details provided by the Buyers.
7.2. The payment for the Product(s) purchased in the Cubanas Online Store shall be made by credit card or Multibanco under the terms set forth in the “Payment Policy”.
7.3. The invoice relating to each Order will be issued by Cubanas and sent to the Buyer. Such invoice will be issued according to the information provided by the Buyer (no changes will be permitted after issuing the invoice).
7.4. The Product prices are clearly indicated in Euros (€) in the Cubanas Online Store. Such prices do not include: (i) shipping costs associated with the Product(s); amounts corresponding to any tax and/or custom duties charged when importing those products as such costs will be borne by the Buyer placing the Order.
7.5. The shipping costs associated with the Product(s), which may vary according to the shipping method, Order amount, Product weight and destination, will be provided in detail before the completion of the Order placement process.
7.6. Once we process your Order, we will notify you by email as quickly as possible in case any of the products included in your Order is out of stock. In this event, we will not charge you for said products.
8.1. Cubanas, together with the Supplier selling the Product(s) and the Transport Company, shall honor the Orders duly completed as quickly as possible by shipping the Product(s) in such Order according to the “Shipping, Return and Exchange Policy” available for Cubanas Buyers and the acceptance of such policy at the completion of the Order placement process.
8.2. In some cases Cubanas may not be able to indicate a specific delivery time when the Buyer places an Order. In those cases, Cubanas will provide the best estimated delivery time, generally informing a delivery time range. In addition, the Buyer may check the Order status at any time in the respective area in the Cubanas Online Store or by sending an email to customer service.
support@cubanas-shoes.com.
8.3. Upon delivery of the Products to the Buyer, he/she must carefully check:
a) That the tamper-proof seal (if applicable) is intact and that the packaging hasn’t been damaged;
b) That the Product(s) delivered correspond(s) to the Product(s) purchased in the Cubanas Online Store;
c) That the number of Product(s) delivered correspond(s) to the quantity of Product(s) purchased in the Cubanas Online Store;
d) That the Product is in good condition.
8.4. The Buyer shall promptly notify, through the email address support@cubanas-shoes.com, any tampering of the tamper-proof seal in the Product (if applicable) or if the number of products/packages or indications does not correspond to the number indicated in the respective invoice or if the product is damaged, by contacting the Cubanas Online Store and informing the Order which has such problems.
9.1 The compliance with law procedures applicable to selling products online to suppliers, including discounts given to consumers, is Cubanas’ responsibility.
9.2 As a result of the terms set forth in Item 9.1 above, the Suppliers are required to fully and promptly comply, towards the Buyers and Cubanas, with the obligations set forth herein under the applicable law and the respective Cubanas “Shipping, Return and Exchange Policy”.
10.1. In order to exercise the right of Free Resolution, the Buyer shall return, by registered mail and within 14 days from the date the Order is received, all material he/she received. Such material must be new and complete, that is, in the same condition it was when received, and the products must be returned to us in the original condition.
10.2. The Buyer shall send an email to support@cubanas-shoes.com oor use the message box available in the website “Order Area” to express his return intent and reason.
10.3 For purposes beyond those set forth in Item 10.2 above, the Buyer will find in the “Order Area” in the Cubanas Online Store all means required to exercise his/her legal rights, and the Buyer can check, at any time, the status of his/her Orders in real time and, at that moment, choose to exercise his/her “free resolution right” concerning the Product(s) included in such Order, in case the requirements for exercising such right are met.
10.4 In order to exercise the free resolution right, within 14 business days, under Decree-Law No. 24/2014 of 14 February, amended by Law No. 47/2014 of 28/07 and by the Decree-Law No. 47/2014 of 28/07, to return or exchange a product or claim the product warrant, the Buyers must see the “Shipping, Return and Exchange Policy” of Cubanas Online Store.
11.1 The Suppliers assure that the Products available in the Cubanas Online Store comply with the National and Community Law in effect and that they are solely responsible for any non-compliance.
11.2 The Suppliers undertake to follow some sustainability principles such as those related to the recycling and selection of long-lasting raw material; sustainable and ethical products; rectitude in their actions concerning water and energy consumption, work conditions; and local production.
11.3. The images and colors of the Products disclosed in the Cubanas Online Store may be different than their real images and colors due to local system settings and/or the settings in devices used by the Buyers to view them.
11.4. The Suppliers assure to Cubanas that when they sell these products through the Cubanas Online Store they’ll abide by the applicable standards and rules, including, without limitation, Law No. 98/2015 of 18 August, as amended by Decree-Law No. 120/2017 of 15 September.
12.1. For complaints related to the online store you may contact the store via the email address support@cubanas-shoes.com or through our complaint book. For more information visit the Consumer Website at www.consumidor.gov.pt
13.1. The Suppliers acknowledge that Cubanas Online Store management is Cubanas’ responsibility and that they have no right to interfere in this activity.
13.2. The Suppliers further acknowledge that Cubanas is free, as it may deem relevant, to authorize the engagement of new Suppliers or delete the accounts of those who, at its sole discretion, jeopardize the operation of Cubanas Online Store or somehow contribute to some sort of unbalanced relationship among the Suppliers.
13.3. Cubanas shall not be responsible for any inconvenience or loss caused to the Suppliers and Buyers for using the Internet, especially those arising from the respective service interruption, computer hacking, problems caused by computer virus or any other similar cause.
14.1. Cubanas generates Users’ information as per legal provisions applicable to personal information protection, as specified in the “Privacy Policy” “section in the Cubanas Online Store.
15.1. The information made available by Cubanas or third parties in the Cubanas Online Store is protected under legal provisions related to industrial and intellectual property rights and further rules set forth in the “Industrial and Intellectual Property Rights” section in the Cubanas Online Store.
These General Terms of Use are subject to Portuguese Law, and any dispute arising from its construction, integration or performance will be settled by the courts in Lisbon. The Parties expressly waive the jurisdiction of any other Court.
Under Law No. 144/2015 of 8 September, in case of a dispute, the parties may resort to a Alternative Consumer Dispute Resolution entity located in Portugal, the Arbitration Center for Consumer Conflicts in Lisbon, located at Rua dos Douradouros, 116, 2º 1100-207, Lisbon, available at www.centroarbitragemlisboa.pt, or outside Portugal in the European Commission RLL Platform, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT