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TERMS AND CONDITIONS OF SALE AND USE OF WWW.HAVAIANAS-STORE.COM
INFORMATION ABOUT ALPARGATAS
1.1. We are ALPARGATAS EUROPE S.L.U. a company registered in Spain, in the Companies Registry of Madrid, Volume 25.437, Sheet 59, Section 8ª, Page M-458.276. Our registered office is at Avenida Arroyo del Santo 4 Bis, Madrid, and our tax code is B85358596 (hereinafter “Alpargatas”).
1.2. We are part of the Group Alpargatas, whose parent company is a Brazilian company that owns the trademark Havaianas. We are the exclusive importer of the Havaianas products to European market and thus rightful seller of the same via the online store accessible through the URL https://www.havaianas-store.com (hereinafter the “Website” or “online store”).
1.3. You can contact our customer service team by phone or by writing to us through the form published at the “Contact Us” section.
CONDITIONS OF SALE
1.1 These are the terms and conditions governing the sale of the products through the online store.
1.2 Please read these terms and conditions carefully before you submit your order. These terms indicate you who we are, how both parties may change or terminate the contract, what to do if there is a problem, as well as other relevant information.
1.3 We may amend these terms from time to time. The terms that will apply to your order are the ones that appear on the online store at the moment you place your order.
1.4 In the event that these terms conflict with any other terms published on the online store, the terms most favourable to you will apply.
2.1 The order will be accepted as soon as you receive the order confirmation to the email account you have provided. This will be done within one (1) working day; at that moment of time, a contract will come into existence between you and us.
2.2 You will be able to access the details of your order by contacting us, by verifying the status of your order at the following link or by accessing your account via the online store.
3. Availability of Products
3.1 The products displayed in the online store can be viewed with the following statuses:
i. available in stock;
ii. not available in stock, meaning that the selected product is temporarily out of stock, so you can request an email to be sent to you when a new stock is available;
iii. customisable, meaning that the selected product can be modified, adapted and/or customised as described in the online store; and/or
iv. unavailable, meaning that the selected product is no longer available for sale (out of stock, discontinued, etc.).
3.2 The type of products displayed in the online store and their availability may change at any time.
3.3 In the event that a product becomes unavailable after we have accepted your order, we will inform you by e-mail within two (2) business days from order acceptance and we will reimburse the price you paid for the product(s). In case of order cancellation due to lack of stock, we will also reimburse you for the shipping costs of your order.
3.4 We may not always specify the availability of the products displayed on the online store.
4. Price and delivery costs
4.1 The price of the products supplied in your country of residence, where the products are delivered as indicated in article 7.10, is expressed either in € (Euro), in £ (Great British Pounds Sterling), in CHF (Swiss Franc) or in HRK (Croatian Kuna), as the case may be. The price of the product (including VAT) will be the price indicated at the time of placing your order.
4.2 The price of products delivered in other countries will be indicated in the currency of the selected country. Please note that you are responsible for your own purchasing decisions and agree that when you select a country of delivery the currency of that country will apply, even if it is different from your own. You will also be responsible for any currency exchange differences that apply.
4.3 The prices displayed on our Website during the checkout process include all local duties and taxes to the country of final product delivery.
4.4 We will collect any applicable customs duty charges from you during the checkout process, where the good are to be delivered to a country outside of the European Union. Payment of any duties will be made by ALPARGATAS EUROPE S.L.U. or its nominated agent to the relevant customs authorities on your behalf.
4.5 The prices displayed at havaianas-store.com do not include shipping costs. Shipping costs will depend on the size of the order and type of shipment. The cost of each delivery method is clearly indicated during the check-out process and will be added to the total amount of the products value. For more information on shipping costs please visit our customer service page.
4.6 All orders will be delivered under DDP (Delivered Duty Paid).
5. Placing orders via the online store
5.1 To place an order, you can either login as a guest or sign in to your online store account. Alternatively, you can create your own account during the checkout process by entering all required information and choosing your personal password.
5.2 Please note that you are responsible for not disclosing your credentials and for keeping them confidential. We are not responsible for any third-party access to your account unless it is due to a security breach of our online store.
5.3 If you wish to purchase more than one product, you will need to add each of them to your basket and only then proceed to place the order according to our checkout process.
5.4 We recommend you to check the contents of your shopping bag and the delivery details before placing your order. Once you have checked that everything is correct, you may select your preferred payment method and click on “Checkout”.
6. Payment terms
6.1 You can pay the price of the products and the shipping costs by the following payment methods: credit card, PayPal or Multibanco (applicable for Portugal only). We reserve the right to remove or add any payment method without prior notice. We may update these methods at any time.
Credit card or Payment card
You can enter your payment details at the time you place your order by using a valid credit or debit card (VISA, Mastercard or American Express). Your credit or debit card will be charged immediately. We reserve the right to check the validity of the card, its credit status in relation to the order value and whether the buyer's address is correct. We may refuse orders based on the outcome of these checks. Please note that any applicable bank charges will be borne by you.
Multibanco is only applicable for purchases made in Portugal. In this case you will be able to complete your purchase within three (3) days from placing the order by entering the codes generated for this purpose on the Multibanco website. If you do not proceed to payment within these three (3) days, your order will be automatically cancelled.
Voucher/Gift Card/Promotional Discount
You can choose to pay with a voucher, a promotional code or your Gift Card by entering the code in the "promotional code" section during the checkout process. We will automatically deduct the amount corresponding to the voucher, promotional code or Gift Card from the total amount of your purchase. If the funds from the voucher, promotional code or Gift Card are not sufficient to pay for the full amount of your purchase, you may choose any of the above payment methods to complete the payment.
6.2 We will charge you by your chosen payment method and once we receive confirmation of payment, we will email you an order confirmation.
6.3 In the event of payment by credit or debit card, the card details sent when placing the order are protected and are sent directly to the financial institution that manages the payments. The payment will be made directly on a secure server, with SSL encryption to ensure absolute security of transactions. We cannot access your credit or debit card details and neither can third parties, either at the time of ordering or subsequently. To ensure the security and functionality of card payments, we provide you with the virtual POS payment solution Adyen N.V. For this reason, you will find on your credit or debit card statements the payment made with the reference "HAVAIANAS_ONLINESTORE".
6.4 The information you provide to us under this article 6 will be used exclusively to complete the sales process and refund procedures in the event of cancellation of your order in whole or in part, as required under these terms.
6.5 We reserve the right to send you payment requests to your email address.
7. Dispatch and delivery of products
7.1 We will only dispatch your goods once payment has been successfully completed. We aim to dispatch the orders the next business day after receipt of payment, however we advise you to place your order before 11:00 a.m. to ensure order is dispatched the next business day.
7.2 We ship orders exclusively to the countries indicated in our online store, taking into account the product ordered and the delivery destination. We reserve the right to choose the best transport option for these shipments without prior notice. Orders will be shipped to the delivery address you provided during the checkout process. If this does not happen, please contact our Customer Service.
7.3 Products will be delivered by the selected courier within maximum 12 (twelve) days from the date of dispatch. The actual dispatch term is clearly indicated during the checkout procedure as well as in the FAQ section of the Website.
7.4 If the delivery of the products is delayed due to a circumstance beyond our control, we will contact you as soon as possible to inform you and take steps to minimize the effect of the delay. In this case, you have the right to request the cancellation of your order if you wish to do so. To this end, please contact our Customer Service. In this case, you will receive a refund for the product you paid for but did not receive.
7.5 Please note that you can exercise your legal rights and legal remedies if we deliver any products later than the term provided for in clause 7.3 above.
7.6 You will be able to track your order at any time after payment has been made and receive confirmation of your order by logging into your personal account. Each order will be assigned a unique number which will appear on all documentation. In case you place your order as a guest, you will be able to track your order via the link sent to you upon shipping.
7.7 We strongly recommend that you or any person receiving the order check that:
i. the packaging and sealing of the package have not been damaged; and
ii. the number of carton units received matches the number indicated on the carrier's delivery note.
7.8 We have a legal obligation to supply goods that are in conformity with the contract. Nothing in these terms will affect your legal rights and remedies.
7.9 Your order can only be delivered to you or to the person you have authorised. At the time of delivery, you or the relevant person will be asked to sign for receipt of the goods. It is at this time and not later that you should indicate any incidents (e.g. package damaged) on the delivery note. Please note that carriers do not deliver to post offices, post boxes or any other similar location.
7.10 The countries where we supply our products are the following: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France (we do not ship to the overseas territories: Guadeloupe, Martinique, Guayana , Réunion, New Caledonia, French Polynesia, Wallis and Futuna, Mayotte, Saint-Martin, Saint Barthélémy, Saint-Pierre and Miquelon, French Southern and Antarctic Lands), Germany, Greece, Hungary, Ireland, Italy (we do not ship to the following territories: Campione d'Italia, Livigno, San Marino, and Vatican City), Latvia, Lithuania, Luxemburg, Malta, Netherlands (we do not ship to the overseas territories: Aruba and the relevant territories of the Dutch Antilles), Poland, Portugal, Romania, Slovakia, Slovenia, Spain (we do not ship to the following territories: Canary Islands, Ceuta and Melilla), Sweden, Switzerland and UK (we do not ship to the following territories: Isle of Man, Jersey and Guernsey).
8. Delivery of the order in the shop
8.1 With the click & collect service, you can collect your order in the shops that offer this service, within the period of time that we have indicated to you when you made your purchase. This type of delivery is free of charge.
8.2 We will send you an email when the order is ready and you can pick it up in the shop. To pick up your order, you will need to show your ID and the electronic ticket that we will send you by email and that you can download from your personal account. You can take the printed e-ticket with you or show it on the screen of your mobile device.
8.3 If you prefer someone else to collect the order for you, this person must present the e-ticket and his/her ID so that the order can be delivered.
8.4 The price applicable to the order will be that corresponding to the country of delivery of the product.
9. Exercising your right to change your mind
9.1 Except for purchase contracts related to customized products, you have the legal right to withdraw from the contract(s) within fourteen (14) days as from the date on which you or a third party (other than the carrier and designated by you), acquire physical possession of the items. In the event of purchase contracts with multiple items within the same orders, but delivered separately, such fourteen (14) days term commences on the day on which you or a third party (other than the carrier and designated by you) acquire physical possession of the last of the items.
9.2 To exercise he withdrawal right, you may choose one of the following ways:
i. by connecting to your account, entering “My Order” section, and selecting the return option provided next to the item of the relevant order;
ii. by entering “Order Status” section of the online store and selecting the return option provided next to the item of the relevant order; or
iii. by contacting our customer service by filling in the web form.
[in such events we will immediately transmit you a confirmation of receipt of withdrawal on a durable medium (e.g. via e-mail)]
iv. via the withdrawal form downloadable here link.
To comply with the withdrawal term, it is sufficient to send us the communication for the exercise of your withdrawal right before the expiry of the relevant term.
9.3 In the event that you exercise your legal withdrawal right we will refund you all the payments made in our favor, including the delivery costs (except for the additional costs resulting from the potential choice of a delivery modality other than the cheaper standard one offered by us), without undue delay and in any event no later than 14 (fourteen) days as of the day on which we were informed of your decision to withdraw from the purchase contract. Such refunds will be made through the same means of payment as chosen by you for the respective purchase, unless you have expressly agreed otherwise; in any case, you shall not bear any costs arising from such refund. Refund may be suspended until we receive the respective items or until you prove the actual dispatch of the items (if prior). We will proceed with the refund in the sole case where:
i. you return also the original packaging, provided it has not been handled in an unacceptable manner;
ii. any accessories, user manuals, etc. are returned without having been handled in an unacceptable manner; and
iii. the products have not been used.
9.4 You shall return the products without undue delay and in any event within fourteen (14) days from the day on which you communicated your intention to withdraw from the contract. The deadline is met if you return the products before the expiry of the 14-day period.
The direct costs of returning the products shall be borne by you and you shall be liable solely for any decrease in the value of the products resulting from any handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the products.
9.5 As an exception to the above in terms of refund, any payment made using a Gift Card will be executed according to the Terms and Conditions of Use of the Gift Card. In addition, any payment made using a Voucher or a Promotional Discount will be reimbursed according to the same method used for the payment of your purchase.
10. Our voluntarily returns policy
10.1 In addition to your legal rights described above in clause 9, except for purchase contracts related to customized products, we offer you the additional faculty to return the products up to thirty (30) days after the actual receipt of the items you purchased online by receiving a refund for an amount equal to the price paid for the returned items.
10.2 To do so, the same conditions outlined in clause 9 above will apply except for the following: we will reimburse you for the price paid for the products, excluding the costs of delivery from our warehouse, if you notify us of your request to return the products between the fifteenth (15th) and thirtieth (30th) day after receiving the items.
10.3 Please note that this returns policy does not affect your legal rights and therefore does not affect your right of withdrawal as described above.
11. Products excluded from any return policy
All customised/personalised products are excluded from the legal and voluntarily rights indicated in clauses 9 to 10, except where we have supplied a product which is faulty.
13. Product guarantee
13.1 We warrant to you that the products will be free from conformity defects for 2 (two) years from the delivery and will therefore comply with the following requirements:
i. subjective conformity (correspondence with description, type, quantity and quality; possession of functionality and characteristics; suitability for the uses requested by you and accepted by us; supply of accessories and instructions; as set out in the purchase contract); and
ii. objective conformity (suitability for purposes for which items of the kind are generally used; delivery of accessories, packaging and instructions that you can reasonably expect to receive; quantity and quality ordinarily found in goods of the same type as the products and that you can reasonably expect, taking into account the nature of the product and what we have stated);
as set out in the sale and purchase agreement.
13.2 Claims for defects of conformity which have not been fraudulently concealed by us shall in any event be barred within 26 (twenty-six) months from delivery of the product.
13.3 Unless proven otherwise, any lack of conformity that appears within 1 (one) year after delivery of the product shall be presumed to have existed on the date of purchase, unless such a presumption is incompatible with the nature of the product or the lack of conformity.
13.4 In the event that the product shows a conformity defect, you shall be entitled to have the product's conformity restored, or to receive a proportional reduction in the price, or to have the purchase agreement terminated as set forth below.
13.5 For the purposes of remedying the lack of conformity of the product, you may choose between repair and replacement, provided that the remedy you choose is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on us having regard to all the circumstances (including the value that the product would have in the absence of the lack of conformity, the extent of the lack of conformity and the possibility of pursuing the alternative remedy without significant inconvenience to you). We shall be entitled to refuse making the products compliant if repair or replacement is impossible or if the costs we would incur in are disproportionate, taking into account all the circumstances.
13.6 Repair or replacement shall be carried out without any costs on you, within a reasonable period of time after we have been informed of the lack of conformity and without significant inconvenience to you, taking into account the nature of the product and the purpose for which you purchased the products. If the lack of conformity is to be remedied by repair or replacement, you shall make them available to us and we shall take back the replaced goods at our expense. You shall not be liable to pay for the normal use of the replaced products in the period preceding the replacement.
13.7 You shall be entitled to a proportional reduction of the price or to termination of the purchase agreement in the event that:
i. we have failed to repair or replace, where possible, or have refused to make the products compliant;
ii. a lack of conformity becomes apparent despite our attempt to bring the products into conformity;
iii. the lack of conformity is so serious as to justify immediate price reduction or termination of the purchase contract; or
iv. we have declared, or it is clear from the circumstances, that we will not restore the conformity of the products within a reasonable period and without significant inconvenience to you.
It is understood that you shall not be entitled to terminate the purchase agreement if the lack of conformity is minor, as proven by us.
13.8 The price reduction shall be proportional to the decrease in value of the product received by you compared to the value it would have had if it had been in conformity.
13.9 If the lack of conformity relates only to some of the items delivered under the contract of sale and there is a cause for termination of the contract, you may terminate the contract only in respect of the non-conforming products and the products purchased together with the non-conforming products, if you cannot reasonably be expected to have an interest in retaining the non-defective products in your possession. If you terminate the contract in whole or in respect of any of the products, you shall return the products to us at our expense and we shall refund the price paid for the products upon receipt of the products or evidence provided by you that you have returned or dispatched the products.
13.10 You may refuse to make payment of any part of the price that is the subject of the contract under which the remedies referred to in this article 13 are exercised until we have fulfilled our obligations under this article 13, without prejudice to the provisions of the applicable law in terms of non-performance exception and concurrence of fact.
13.11 Any refund of money in your favor resulting from the application of this clause 13 shall be made by the same means of payment used at the time of purchase.
13.12 The remedies provided in your favor in this clause 13 shall also be extended to cases of impediment or limitation of use of the products resulting from a restriction arising from the infringement of the rights of third parties, in particular intellectual property rights, without prejudice to the other remedies provided by applicable law.
14. Mistakes and/or inaccuracies within the online store
14.1 The online shop is constantly being revised to avoid errors or inaccuracies. However, despite our best efforts, it is possible that the online shop may contain errors and/or inaccuracies.
14.2 We will correct minor errors, inaccuracies and/or omissions contained in the online shop from time to time without prior notice. In the event that we need to make more significant changes and/or corrections that have a material detrimental impact on your purchase, we will notify you. In such an event, you may contact us to cancel your order, terminate the contract before the changes take effect and receive a refund for any products paid for but not received.
14.3 We make all reasonable efforts to accurately display the features of our products, including composition and colors. The color you see will depend on your computer system and screen settings, so we cannot guarantee that your computer will display such colors accurately.
15. Intellectual Property
All the intellectual property rights connected to the online store (including its contents) belong to us. Notwithstanding the foregoing, all brands and logos related to HAVAIANAS referred to on the online store are trademarks or registered trademarks of ALPARGATAS, S.A. and are the subject of exclusive license by ALPARGATAS, S.A. to ALPARGATAS EUROPE S.L.U. The online store and its contents cannot be reproduced, neither fully nor in part, transferred by electronic or traditional means, modified, linked to, or used for any reason by you other than as set out in these terms without our prior approval in writing.
16. Other important terms
16.1 This contract is between you and ALPARGATAS EUROPE S.L.U. No other person shall have any rights to enforce any of its terms.
16.2 Each of the paragraphs of these terms operates separately. If any part of these terms is rejected or declared invalid by any court or competent authority, the remaining terms shall continue to apply.
16.3 Our failure to require you to comply strictly with your obligations under a contract or these terms, or our failure to exercise any rights or remedies to which we may be entitled under such contract or these terms, shall not constitute a waiver or limitation on such rights or remedies or relieve you from compliance with such obligations.
17. Applicable law
17.1 These terms and any contracts between us are governed by Spanish law, except for the rights attributed to customers by mandatory statutory provisions in force in their Country of residence.
17.2 If you have contacted our customer service and you are not satisfied with our final response you have the right to file a complaint through the European Commission’s Online Dispute Resolution center, which is an alternative dispute resolution scheme and offers you a way to solve your problem without going to court. For more information on the European ODR Platform or to initiate through it an alternative dispute resolution procedure concerning this contract, please access the following link: http://ec.europa.eu/odr.
17.3 For any dispute that may arise in connection with these terms, any products and/or any contracts between us, the Madrid courts have non-exclusive jurisdiction, and you can bring legal proceedings in respect of the products in the competent court of your residence. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
For any further information and assistance in respect of the online store or in respect of any contract or order, you may contact us using the contact form or at the following e-mail address: email@example.com, or by letter at the following address: ALPARGATAS EUROPE S.L.U. Avenida Arroyo del Santo 4 Bis, Madrid (28042), Spain.
2. Non-permitted uses
As a User of the Website, we hereby inform you that accessing or using the Website for illegal and unauthorised purposes, whether or not for financial gain, is PROHIBITED and you will therefore be exclusively liable for any consequences. The prohibited actions include, but are not limited to, the following:
i. Using the Website illegally, or in any other manner that might damage, overload or harm the Website.
ii. Introducing computer viruses, defective files, or hosting, storing, distributing or sharing any other material or computer program that might damage or alter the contents, programs or systems of the Website.
iii. Using or reselling the contents included in the Website for unauthorised commercial purposes, without prior authorisation from ALPARGATAS.
ALPARGATAS shall be entitled to take the necessary measures, at its sole discretion, at the request of the third party concerned or of a competent authority, in the event of any breach of the provisions set out in this clause. The adoption of such measures will not give the right to any compensation.
3. Use of the Website: responsibilities
The User is required to make reasonable use of the Website and its contents, in line with the possibilities and objectives for which it is designed.
The User is solely responsible for the information or contents of any kind that he/she may disclose through the Website.
4.1 For the contents provided by Users
Any contents, files, information, advertising, opinions, concepts and images hosted on the Website that contravene the law, morality, good faith and public order or contain any type of computer virus or similar software routine will be removed.
ALPARGATAS is not liable for the contents, files, information, advertising, opinions, concepts and images that do not depend on the Website and are not managed by ALPARGATAS.
ALPARGATAS will accept no liability, whether direct or indirect, resulting from the User’s misuse of the Website and its contents. The User is liable, in all cases and under his/her exclusive responsibility, for the consequences, damages or actions that may result from his/her access to or use of the Website or the hosted contents, as well as from their reproduction or communication.
4.2 For content hosted on pages accessible from the Website
ALPARGATAS is not liable for any of the contents, files, information, advertising, opinions, concepts and images that are issued, published or distributed, whether directly or indirectly, through any interconnected website accessible through the Website by means of links or any of the services that may be linked or related to said interconnected site.
4.3 For the functioning of the Website
ALPARGATAS provides its services and contents on a continuous basis, using all the technical means at its disposal in order to provide this service in a satisfactory manner.
ALPARGATAS may, when it deems it appropriate, make corrections, improvements or modifications to the information contained on the Website, in the services, or in the contents without this giving rise to any claim or compensation or implying acknowledgement of any liability.
ALPARGATAS is not liable for damages of any nature that may arise from the availability and technical continuity of the operation of the Website. At any event, ALPARGATAS will perform all the actions necessary to re-establish its services in the event of technical failure.
5. Intellectual and industrial property
ALPARGATAS, as the owner of the collective work making up the Website, is the owner of all the corresponding intellectual and industrial property. Notwithstanding the foregoing, all brands and logos related to HAVAIANAS referred to on the Website are trademarks or registered trademarks of ALPARGATAS, S.A. and are the subject of exclusive license by ALPARGATAS, S.A. to ALPARGATAS.
Any form of reproduction, distribution, public disclosure, transformation and, in general, any form of exploitation of all or part of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website, the databases (sui generis right) and the software necessary for the visualization or operation thereof (including source codes) is prohibited without the express and prior written authorization of ALPARGATAS.
The User may not, under any circumstances, exploit or commercially benefit from, directly or indirectly, in whole or in part, any of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website without the prior written authorization of ALPARGATAS.
All contents, without exception and without limitation, that are part of the Website, that is, information, articles, data, texts, logos, icons, images, the design and image of the Website (external appearance or “look and feel”), video files, audio files, databases, and computer applications, are owned by ALPARGATAS or are operated under license from third parties that own the intellectual and/or industrial property rights of the aforementioned content. These are protected by prevailing intellectual and industrial property laws.
6. Changes and modifications of the terms
In the event of a regulatory action, legal measure or regulatory measure that, in the reasonable judgement of ALPARGATAS, prohibits, substantially restricts or renders commercially non-viable the provision of the service, ALPARGATAS will be authorized to: (i) modify the service or the terms and clauses of this Contract in order to adapt to the new situation, (ii) terminate the Contract.
ALPARGATAS will be exempt from any liability arising from the actions described in this clause by publishing the modifications on the Website.
7. Applicable law and jurisdiction
Prevailing legislation will determine the laws that shall govern and the jurisdiction applicable to the relations between ALPARGATAS and the USER and the Website. However, in those cases in which such prevailing legislation provides for the possibility of the parties submitting to a specific jurisdiction, ALPARGATAS and the USER, expressly waiving any other jurisdiction that may correspond to them, submit themselves to the Courts of the City of Madrid, Spain.