Termos do serviço

1. GENERAL ASPECTS
   

1.1 These MarketPlace Terms and Conditions (hereinafter “Terms and Conditions”) establish the rules that regulate the contract for the purchase and sale of footwear carried out through the online store called Entrudo, hereinafter “Contract”, and contain the pre-contractual information that Entrudo users must know before entering into a Contract. The aforementioned online store is owned and managed by Susana Maria Guilherme Ribeiro, Sociedade Unipessoal, Lda (hereinafter also “Entrudo”), better identified in 1.5. below, and is accessible to the public through the electronic address https://www.entrudo.com (hereinafter referred to as “MarketPlace”). The Terms and Conditions also set out the rules and the MarketPlace's usage and privacy policy.

1.2 By accessing Entrudo, the respective user (hereinafter “User” and “Registered User”) agrees to respect and comply with these Terms and Conditions. In the event that you do not wish to be bound by these Terms and Conditions, you must refrain from using Entrudo and from making any purchase through the MarketPlace; In case of doubt, the Customer may contact the Customer Support Service, through the contact form available on the Marketplace Help Center.

1.3 The MarketPlace aims to promote online sales of footwear, hereinafter “Products”;

1.4 Entrudo is a sole proprietorship company headquartered at Rua de Pombeiro de Ribavizela, Edif. Irís, N5, 4610-642, in Felgueiras, Portugal, with a share capital of €5,000.00, and registered with the Commercial Registry under the single registration and corporate number 508460255. Entrudo's general electronic address is @entrudo.com, and customer support number +351969573467.

     2. PRODUCTS PURCHASE AND SALE AGREEMENT

2.1 Placement of order. To purchase any Products, the Customer must place an order for the Product(s) on the MarketPlace and follow the online ordering procedure contained in the FAQ “How can I buy an item at Entrudo?”.

2.1.1 In addition to the pre-contractual information contained in these Terms and Conditions, during the ordering process, the Customer is also provided with the following information about the Product(s) that he/she intends to purchase (hereinafter “Information about the Product(s)”) Products)"):

a) Essential characteristics of the Product(s), including model, size and color;

b) Total price, including tax due, and, if applicable, delivery costs to be borne by the Customer;

2.1.2 During the ordering process, you can consult the Terms and Conditions and the Free Contract Termination Form at any time.

2.1.3 The Customer can only place an order on the MarketPlace if it complies with the requirements of 2.4 below and agrees with and accepts the Terms and Conditions. to the following: "I declare that the purchase of Product(s) to be carried out through the online sales platform Marketplace is subject to the above-mentioned Terms and Conditions, which I have read, understood and accepted".

2.1.4 To finalize the placing of the order, the Customer must activate the "Continue" button, thus acknowledging that the order placed by him, if accepted, implies an obligation to pay, and proceed with the payment of the Products he intends to acquire through a of the available modalities, following the respective payment instructions.

2.1.5 Information about the Product(s) and the Terms and Conditions and the documents mentioned therein, including the Free Withdrawal Form, form part of the Agreement.

2.2 Order Confirmation. After the correct placement of the order, an email is sent to the email address provided by the Customer, as soon as possible and within a maximum period of 24 hours, with confirmation of receipt of the order and respective acceptance of the same (hereinafter “Email from Confirmation”), which includes, in particular, the number assigned to the order, the respective placement date, information about the Product(s), the delivery address indicated by the Customer and the delivery method and the payment method selected by the latter. With the sending of the Confirmation Email to the Customer, the Contract will be considered concluded. The payment receipt will be delivered to the Customer in paper form together with the Product; A digital copy of this payment receipt will also be made available to the Customer in the “customer area”. If the Customer wishes to obtain a duplicate of the payment receipt, he must direct his request directly to Entrudo, using the contact form geral@entrudo.com.

2.3 Geographical Restrictions. On the MarketPlace, orders can be placed whose delivery is intended to be in any country.

2.4 Majority and Capacity. Contracts can only be entered into through the MarketPlace by a person who is of legal age or emancipated and has full capacity to exercise rights. The conclusion of the Contract depends on the Client's declaration that he is legally entitled to enter into contracts for the purchase and sale of Product(s), as well as that all the information provided by him is true and correct.

2.5 Reserved Area. The creation of an account with a reserved area can be done at any time, being suggested by the website itself as a step immediately prior to the payment of an order for Products. To create the account, you are asked for: name, email and address.

1. ORDER CANCELLATION

3.1 The order for a Product placed on the MarketPlace can be canceled in one of the following situations:

a) Product unavailability;

b) Non-payment by the Customer of the amounts due by him in accordance with the Contract;

3.2 The cancellation of the order entails the automatic termination of the Contract.

3.3 The cancellation of the order is communicated to the Customer via email sent to the email address provided by him, as soon as possible and within a maximum period of 30 (thirty) days from the date of sending the Confirmation Email.

3.4 In the event of cancellation of an order due to unavailability of the Product, the Customer is refunded of the payment(s) he has made, including delivery costs, in the event that the Customer has borne them. The refund will be made without undue delay, at the latest within a maximum period of 14 days from the date of sending the Confirmation Email, otherwise the provisions of Clause 8.1.4 below shall apply.

3.5 With the exception of the provisions of Clause 3.4 above, in the event of cancellation of the order and termination of the Contract, no amounts are due to the Customer, for any reason, namely as interest, compensation or compensation.

3.6 If the Customer places an order for two or more Products and some of the Product(s) are not available, the Customer may choose to withdraw from the placed order (hereinafter “Full Withdrawal” ) or for maintaining the order in relation to the Product(s) that are available (hereinafter “Partial Withdrawal”). The Customer is refunded for all payments made by him, in the event of Total Withdrawal, or for the payment(s) made in relation to the Product(s) that are unavailable. , in case of Partial Withdrawal. In either case, the refund is made without undue delay, no later than 14 days from the date on which the Customer's decision is received, otherwise the provisions of Clause 8.1.4 below shall apply.

   4. SELLING PRICE OF PRODUCTS

4.1 The sale price of each Product may be freely changed at any time; changes in the sales price of the Product do not affect the order whose receipt and acceptance has already been confirmed to the Customer under the terms set out in Clause 2.2 above.

4.2 The sales price of the Products indicated on the MarketPlace includes VAT at the applicable legal rate. The delivery costs of the Product are added to the indicated sales price, when due.

4.3 The selling price of the Product is fixed in euros; any payments due by the Customer will be made in that currency.

4.4 The sale prices of the Products are those shown, unless there has been an error in their indication detected by Entrudo until they are delivered to the Customer. In this case, the Customer is immediately contacted via email sent to the email address provided by him. The Customer may choose to keep his order at the correct price or cancel it. In case of order cancellation or lack of response from the Customer for a period exceeding 10 days, the Customer will be refunded of all payments made, including delivery costs, when the Customer has borne them, considering the Contract terminated. The refund will be made without undue delay, no later than 14 days from the date on which the Customer's decision to cancel is received or the Customer's lack of response under the aforementioned terms is verified, otherwise the provisions of Clause 8.1.4 below.

   5. PAYMENT METHODS

5.1 MarketPlace provides the Customer with the following means of payment: credit card (Visa, Mastercard, American Express), PayPal and Klarna. For payments made with a credit card, by activating the “Pay securely” button, the Customer acknowledges that it is the legitimate owner of the credit card used to make the payment and who authorizes the payment order, under the terms in which it was presented by MarketPlace. For other solutions, please contact geral@entrudo.com.

5.1 Any payments made by the Customer will be made to a bank account held by Entrudo, with regard to sales of Products made through the MarketPlace.

5.2 More about Klarna:

   6. DELIVERY OF PRODUCTS

6.1 The delivery options for orders and the respective delivery times will be made available during the process of purchasing the Products and before the respective payment is made.

6.2 The available options may vary according to the geography intended for the delivery of the Products. The maximum period of receipt is 4 working days for mainland Portugal. For Madeira and Azores the deadline will be 6 working days. For other European Community countries, the maximum period of receipt is 10 working days. Destinations outside the European Community, responsibility and import taxes paid by the customer to the distributor upon delivery.

6.3 Delivery times must be considered merely indicative, without prejudice to Entrudo making every effort to ensure compliance with them. In any case, the delivery of the Product(s) will take place within a maximum period of 14 days from the day following receipt of the order confirmation email, unless an event of force majeure occurs.

6.4 It is also possible that an order containing more than one Product will be delivered at different times.

6.5 In the event that it is not possible to deliver the Products ordered due to a fact attributable to the Customer, a refund of the value of the product(s) will be made, except for delivery costs, when applicable.

6.6 Delivery of the Product(s) is deemed to have taken place when the Customer or a third party indicated by him/her has acquired physical possession or control of the same(s).

1. TRANSFER OF OWNERSHIP AND RISK

7.1 Ownership of the Product(s) is transferred from Entrudo to the Customer by sending the Confirmation Email; the risk of loss or deterioration of the Product(s) passes to the Customer from the moment of its delivery, in accordance with Clause 6.6 above.

1. RIGHT OF FREE RESOLUTION

8.1 Right of Free Resolution. Except for the cases provided for in Clause 8.1.5 below, the Customer has the right to freely terminate the Contract entered into within 30 calendar days, without the need to indicate any reason and without incurring any costs, in addition to those established in Clauses 8.1 .4 and 8.1.5 below, and provided that the Product(s) have not been used or show signs of use and are complete, undamaged and in the original packaging of the order; the packaging must not be damaged or altered beyond what is necessary to open it.

8.1.1 The period for exercising the right of free resolution expires 14 days from the day following the day on which the Customer, or a third party indicated by him, other than the carrier, acquires physical possession or control of the ) Products). If the Customer orders several Products in a single order and these Products are delivered separately, the deadline is counted as the delivery of the last Product.

8.1.2 In order to exercise its right of free termination, the Customer must communicate its decision to terminate the Agreement through the reserved area, or customer service, using the contact form available in the Marketplace Help Center.

8.1.3 In case of exercise of the right of free resolution, the Customer is reimbursed for all payments made by the Customer, including delivery costs if the Customer has borne them in the initial transaction (with the exception of additional costs resulting from the Customer's choice delivery method other than the less expensive method of normal shipping offered by the MarketPlace), without undue delay and, in any case, no later than 7 days from the date on which the product(s) have been received and confirming what is required in 8.1 above. The refund will be made, at the Customer's option, through the same means of payment that was used by the Customer in the initial transaction or by means of a voucher to be used in a future purchase of Product(s);

8.1.4 The Customer may not freely terminate the Contract if the supply of Product(s) manufactured in accordance with the Customer's specifications or manifestly customized or if the Product(s) is not comply with the conditions set out in Clause 8.1 above. In these situations, there will be no refund and, if the product(s) in question have been returned to the MarketPlace, the Customer must schedule and collect the product(s) in accordance with the instructions you receive from Entrudo. In the event that the Customer does not comply with the provisions of Entrudo, the Product(s) in question will be considered abandoned by the Customer and may be destroyed, not having the Customer entitled to any indemnity or compensation in any way whatsoever.

   9. RETURNS AND EXCHANGES

9.1 Returns – The Customer may return defective Products or Products other than those ordered within 14 calendar days from the day following the day on which the same Customer, or a third party indicated by the Customer, other than the carrier, purchases physical possession or control of the Product(s).

9.1.1 A “defective product” shall be understood to be one that does not comply with the Contract, within the meaning of the provisions of Decree-Law no. 67/2003, of 8 April.

9.1.2 The provisions of Clauses 8.1 and 8.1.1 to 8.1.3 above apply, mutatis mutandis.

9.2 In addition to the situations provided for in this Clause and in Clause 8 above, no other returns or exchange of Product(s) will be accepted.

1. WARRANTY

10.1 Entrudo does not assume any obligation to guarantee any Product purchased through the MarketPlace, as a seller of the Product in question, under the terms set out in this Clause. Entrudo is responsible for receiving complaints submitted by the Customer.

10.2 The Customer benefits from a guarantee against defects in the Product purchased through the MarketPlace under the terms of the law. Any deterioration that occurs in the Product after its delivery is not considered as a defect, under the terms set out in Clause 6.6 above.

10.3 If the Customer understands that the Product purchased is defective, he must inform Entrudo through the contact form available on the Marketplace Help Center or at geral@entrudo.com. Upon confirmation of the existence of a defect in the returned Product, the Customer may choose to replace the Product or to refund all payments made by the Customer.

10.4 After confirming the defect in the product, Entrudo will contact the customer to inform him if he wants to exchange or return the Product. If the Customer chooses to exchange, the new product will be sent by the same means of delivery used for the initial delivery. If the Customer opts for reimbursement, this will be carried out within a maximum period of 14 days from the date of knowledge, by Entrudo, of the decision to freely terminate the Contract, except for delay attributable to the Customer.

   11. PRODUCT INFORMATION

11.1 Entrudo makes every effort to ensure that the information about the Products presented on the MarketPlace (hereinafter “Information”) is complete, accurate and correct. The Information is produced through the information provided for this purpose.

11.2 The photographic images of the Products used on the MarketPlace are made with high quality in order to obtain a faithful reproduction of the same. However, the Customer may find differences in the Products, namely due to the color settings of the device used by the Customer to access the MarketPlace, the colors shown may differ from the actual colors of the Products. Entrudo will not be responsible for any damages suffered by the Customer due to differences between the Products and their photographic images.

11.3 If the Customer wishes to obtain additional information about the Products, he/she must contact the MarketPlace Customer Service through the contact form available in the Help Center, at geral@entrudo.com.

  12. PERSONAL DATA

12.1 The Customer's personal data collected by Entrudo will be treated in strict respect and compliance with applicable legislation.

12.2 In order for the Customer to know the general rules of privacy and data processing that Entrudo collects and processes within the scope of the Agreement, the MarketPlace Privacy Policy (hereinafter “Privacy Policy”) forms an integral part of these Terms and Conditions. which includes the rules applicable to the use of cookies and mechanisms for storing and accessing information. Please read the Privacy Policy carefully before making any purchases through MarketPlace.

1. INTELLECTUAL PROPERTY

13.1 The Customer expressly declares and acknowledges that the contents, designs, photographs, software, know-how, domain names, trade names, logos, brands, designs and models and any other intellectual property rights, registered or not, existing or used on the MarketPlace or related to its operation are the exclusive property of Entrudo; for more information, please read the MarketPlace Privacy Policy.

   14. FORCE MAJEURE

14.1 Entrudo or the Client will not be liable for the failure to fulfill their obligations, if the non-compliance has been caused by or results from a force majeure event as defined below.

14.2 “Force majeure” means an event which prevents either party from performing its obligations, is beyond its control and cannot be avoided by a diligent contractor, namely:

a) Acts of war or terrorism, revolutions, riots, blockades, insurrections and civil uprisings;

b) Acts of sabotage and vandalism;

c) Earthquakes, typhoons, tornadoes and cyclones, storms, fires, floods, or other extreme weather or environmental conditions, meteorites, shock waves caused by aerial devices, explosions, chemical or radioactive contamination;

d) Any act of public authority (legislative, administrative, judicial or other), provided that it is not attributable to the defaulting party;

e) Any other event that the parties recognize by agreement as being force majeure.

14.3 The defaulting party shall promptly notify the non-defaulting party of the occurrence of the force majeure event, provide reasonable evidence of such occurrence, and take all necessary measures to limit or restrict the adverse effects of the force majeure event.

   15. APPLICABLE LAW AND JURISDICTION

15.1 The contractual relations between Entrudo and the Client are governed by Portuguese law and subject to the jurisdiction of the Portuguese Courts.

   16. SUGGESTIONS, COMPLAINTS AND ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES

16.1 When the Customer wishes to submit any suggestion or complaint, namely regarding the services provided or Products purchased through the MarketPlace, he must use the contact form available in the Help Center at geral@entrudo.com.

16.2 In the event of a dispute whose resolution is not reached by agreement between the parties, the Customer, as a consumer, may use the European online dispute resolution platform.

   17. ELECTRONIC COMPLAINTS BOOK

You can use the Electronic Complaints Book to file a complaint. To do so, simply access the Electronic Complaints Book platform here.

   18. SEVERAL

18.1 The headings of the clauses or the respective paragraphs have been included for convenience only and do not affect the interpretation of the Terms and Conditions.

18.2 Terms and expressions defined in the singular or in the plural may be used, respectively, in the plural or in the singular without changing their meaning.

18.3 If any of the provisions of the Terms and Conditions is declared, in whole or in part, null or in any way invalid, ineffective or unenforceable, such nullity, invalidity, ineffectiveness or unenforceability will not affect the validity of the remaining provisions or the subsistence of contractual relationships .