TERMS AND CONDITIONS OF SALE AND USE OF WWW.HAVAIANAS-STORE.COM
INFORMATION ABOUT ALPARGATAS
- We are ALPARGATAS EUROPE S.L.U. a company registered in Spain in the Madrid Register of Companies. Our company is registered in the Companies Registry of Madrid, in Volume 25.437, Sheet 59, Section 8ª, Page M-458.276. Our registered office is in Madrid, Avenida Arroyo del Santo 4 Bis. Our tax code and registration number is ESB85358596 (hereinafter “Alpargatas”).
- We are part of the Group Alpargatas, a Brazilian company and owner of the trademark Havaianas, and are the exclusive importer of the Havaianas products to EEA and thus rightful seller of the same via the online store accessible via URL https://www.havaianas-store.com (hereinafter the “Website” or “online store”).
- You can contact us by telephoning our customer service team or by writing to us according to the information published at the Contact Us section .
CONDITIONS OF SALE
1. Scope of these terms
- These are the terms and conditions on which we supply products to you via the online store.
- Please read these terms and conditions carefully before you submit your order. These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information.
- We may amend these terms from time to time. The terms that will apply to your order are the ones posted on the online store at the moment you submit your order to us.
- In the event that these terms conflict with any other terms posted on the Online Store, the terms which are most favourable to you will apply.
- We will accept your order once you receive the order confirmation in the provided email account. This will happen within a reasonable period of time at which point a contract will come into existence between you and us.
- You will be able to access the details of your order by contacting us or verifying the status of your order at the following link or by accessing your account via the online store.
3. Availability of Products
- Products displayed on the online store may be marked as:
- Available in stock;
- not available in stock, meaning that the marked product is temporarily out of stock, which is why you can request to receive an e-mail, when new stock is available;
- customisable, meaning that the marked product can be modified, adapted and/or customised as described on the online store; and/or
- unavailable, meaning that the marked product is no longer available for sale (out of stock, discontinued, etc.).
- The type of products displayed on the online store and their availability may vary at any time.
- In the event that a product becomes unavailable after we have accepted your order, we will inform you via 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 cancelation due to lack of stock we will reimburse as well any shipping costs your order may be applied with.
- We may not always specify the availability of the products displayed on the online store.
4. Price and delivery costs
- The price of products supplied at your country of residence, where we deliver as indicated in point 7.10, is provided 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 (which includes VAT) will be the price indicated when you placed your order.
- The price of products supplied in other countries will be provided in the currency that applies in the selected country. You are responsible for your own purchase decisions in the currencies of the selected delivery country even if it is different to your own. You will be responsible for any currency exchange differential that applies.
- Our prices are VAT included (at the applicable rate as set forth by the law) to all the countries where we deliver the products, within or outside the European Union.
- The prices displayed at havaianas-store.com do not include any delivery charge. The delivery charge will depend on the order size and delivery type. The cost for each delivery method is clearly indicated during the check-out process and will be summed up on the total amount of the products value. For more information regarding delivery cost please visit our customer service pages (https://www.havaianas-store.com/contactus) for further information. You will be responsible for the payment of any custom duties for the importation of your purchase to a country outside the European Union territory.
- All orders will be delivered under DDP (Delivered Duty Paid), except the orders delivered in Switzerland which will be delivered under DDU (Delivered Duty Unpaid). Consequently, if the delivery address of your order is in Switzerland, you will have to pay the corresponding duties and taxes when you receive the products.
5. Placing orders via the online store
- To place an order, you can either proceed to login as a guest or sign in to your online store account. Alternatively, you can create your own account during the purchase process by inputting all compulsory information and choosing your personal password.
- You are responsible of not revealing your credentials and maintain them confidential. We cannot be responsible of any third party access to your account unless it is due to a security breach of our online store.
- If you want to purchase more than one product you will need to add each and all of them to your basket and only then proceed to place the order according to our checkout process.
- We recommend you to check your basket contents and delivery details before placing your order. Once you have checked all is correct you may proceed by selecting your preferred payment method and clicking Place Order.
6. Payment terms
- You can pay the price of the products and the delivery costs with 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 communication. These changes may be updated on the online store by us at any time.
Credit card or Payment card
You can enter your payment details at the time you place your order using a valid credit or payment card (with a VISA, Mastercard or AMEX logo). The applicable amount will immediately be debited on your credit/payment card. We reserve the right to check the validity of the credit/payment card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks. Please note that applicable bank charges will be borne by you.
Multibanco is only applicable to purchases that have taken place in Portugal. You may complete your purchase within three (3) days from placing the order by introducing the codes generated for that purpose by Multibanco website. If you do not proceed to the payment during these three (3) days, then your order will be automatically cancelled.
Voucher/Gift Card/Promotional Discount
You can choose to pay by a voucher, a promotional code or your Gift Card by placing the code on the “promotional code” section during the checkout. We will automatically reduce the amount corresponding to your voucher, promotional code or Gift Card to the total amount of your purchase. If the funds on your voucher, promotional code or Gift Card are not sufficient to pay the total amount of your purchase, then you can choose any of the above payment methods to complete your purchase.
- We will charge the payment method you have chosen and once we receive confirmation of the payment, we will issue an order confirmation.
- In the event of payment by credit/payment card, the credit card data sent when placing orders are protected and are sent directly to the financial institution that manages the payments. Your payment will take place directly on a safe server, with an SSL encryption to ensure absolute safety of transactions. The credit card data cannot be accessed by us or any third parties, either at the moment orders are placed or later. To ensure that you have the security and functionality of payments made via credit card, we provide the virtual POS payment solution Adyen N.V. For this reason, in your credit card statements you will see the payment made under “HAVAIANAS_ONLINESTORE”.
- The information provided by you and received by us under this Art. 6 will be used exclusively to complete the procedure for the sales of products and the reimbursement procedures in the event of cancellation of your order in whole or in part as may be required under these terms.
- We reserve the right to send payment requests to your e-mail address.
7. Dispatch and delivery of products
- We will only dispatch your goods once payment has been successfully done. We aim to ship the orders on the next working day from payment reception, however we recommend you place your order before 11AM to ensure order is dispatched on the next working day.
- We dispatch orders exclusively to the countries indicated in our online store with consideration of the product ordered and the delivery destination. Havaianas reserves the right to choose the best carrier option for these dispatches without any prior notification to you. Orders will be dispatched to the delivery address indicated by you during the purchase process. May this fail to happen please contact our Customer Service.
- Products will be delivered by the selected courier within seven days from the date of dispatch.
- If our supply of the products is delayed due to an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. In such case, you may want to cancel your order and you can request its cancellation. To do so, please contact our Customer Service or send us a message using our web form. In such event, you will receive a refund for any products you have paid for but not received.
- You have legal rights and legal remedies if we deliver any products late.
- You will be able to track your order at any time after payment has been received and order confirmed by accessing your personal account. Each order will be given a unique number that will appear in all paperwork. In case you place your order as guest you could track your order through the link sent to you upon shipping.
- We highly recommend you, or any person selected by you to receive your order, to check both:
- Packaging and sealing to ensure package has not been damaged;
- Number of units of boxes received is the same as the one stated in the carrier delivery note.
- We are under a legal duty to supply products that are in conformity with the contract. Nothing in these terms will affect your legal rights and remedies.
- Your order can only be delivered to you or to any person you have authorized. Upon delivery, you or the relevant person will be asked to sign the reception of goods. It is in this moment and not in any further stage that you will have to mention any issue on the delivery note. Please be aware that carriers won´t deliver to post or letter boxes or any similar place.
- The countries where we deliver 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, UK (we do not ship to the following territories: Isle of Man, Jersey and Guernsey).
8. Exercising your right to change your mind
- For most products bought online you have a legal right to change your mind within fourteen (14) days, beginning with the day you receive the item(s), and receive a refund. These rights, in accordance with the EU Consumer Rights Directive, are explained in more detail in these terms. To end the contract with us, please let us know by any of the following ways:
- by connecting to your account, entering “My Order” section, and selecting the return option provided next to the item of the relevant order.
- by entering “Order Status” section of the online store and selecting the return option provided next to the item of the relevant order.
- by contacting our customer service (https://www.havaianas-store.com/contactus) by filling in the web form.
- In the event that you exercise your legal right to change your mind in accordance with Art. 8.1 after the products have been dispatched to you or you have received them:
- you must return the products to us according to the method selected when requesting the return (drop-off point or collect option) within fourteen (14) days of the date of your written notification informing us that you wish to return the products;
- you will bear the costs of return of the products according to the fees then in force; and
- we will reimburse the price you paid for the products including delivery costs from our warehouse and deducting the part that you pay of the return cost, through the method you used for payment, except if you explicitly request us to use a different method. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. We will proceed to this reimbursement as promptly as possible, and in any case, within fourteen (14) days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us, provided that:
- we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop;
- the original packaging/box of the products is also returned, and that it has not been handled in an unacceptable way;
- any accessories, user manuals etc are returned and they have not been handled in an unacceptable way; and
- the products have not been used.
- Except where we have supplied a product which is faulty or misdescribed, we will not under this Art. 8 accept the return or reimbursement of a product which is damaged and/or shows signs of wear and tear from unnecessary and/or unacceptable handling of the product other than reasonable handling of the product which is required to establish the nature, features, and functioning of the product. Any such product that is returned to us will remain available to you to collect from our warehouse in PVS SERVICES ITALIA S.r.l. warehouse located at Strada A di Gainago 2/A, Località Gainago – 43056 Torile (PR), Italy, and you may agree a time and date for collection by contacting our Customer Service. If fifteen (15) days lapse from the moment we contact you and you have not taken any actions to retrieve your products, then we will proceed to their distraction.
- As an exception of point 8.2 (iii) 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.
9. Our voluntarily returns policy
- As well as your legal rights described above, for most products bought online we offer you the additional option change your mind by extending the period from the fifteenth (15th) to the thirtieth (30th) day, beginning with the day you receive the item(s), and receive a refund. To end the contract with us or return a product, the conditions indicated in Art. 8.1 and 8.2 shall apply, except for the following: we will reimburse the price you paid for the products including delivery costs, by issuing a voucher, if you notify us the request for the termination of the contract from the fifteenth (15th) to the thirtieth (30th) day from which you receive the product. The voucher will be issued within seven (7) days from the moment we receive the products back from you and can be used in the online store.
- The voucher can be used until the founds are exhausted or after one (1) year lapse from the moment of its issuance. The voucher can only be used for purchases in the online store.
- Please note that this returns policy doesn't affect your legal rights and therefore doesn't affect your right of cancellation as described above.
10. Products excluded from any return policy
All customised/personalised products are excluded from the legal and voluntarily rights indicated in sections 8 to 10, except where we have supplied a product which is faulty.
12. Product guaranty
- Defects in the purchased products are covered by the legal guaranty according to the applicable laws.
- If you have a complaint regarding evident material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by organizing the return in your personal area for this reason or by contacting our Customer Service (https://www.havaianas-store.com/contactus).
- We are under a legal duty to supply products that are in conformity with the contract. Nothing in these terms will affect your legal rights and remedies.
13. Mistakes and/or inaccuracies within the online store
- We constantly check the online store to avoid mistakes or inaccuracies. However, despite our best efforts, it is possible for the online store to include mistakes and/or inaccuracies.
- We will correct minor mistakes, inaccuracies and/or omissions included in the online store from time to time without giving prior notice. In case we need to proceed to more significant changes and/or corrections, which have a material detrimental impact on your purchase, we will notify you. In such event, you may then contact us to cancel your order and end the contract before the changes take effect and receive a refund for any products paid for, but not received.
- We make all reasonable efforts to accurately display the attributes of our products, including composition and colors. The color you see will depend on your computer system and screen definitions, and we cannot guarantee that your computer will accurately display such colors.
14. 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.
15. Other important terms
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these terms operates separately. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.
- If we do not insist immediately for an action that you are required to proceed to under these terms, or if we delay in taking actions against you in respect of your lack to comply with this contract, that will not mean that you do not have to proceed to the actions that correspond to you. On the contrary, we may take steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
16. Applicable law
- These terms and any contracts between us are governed by Spanish law.
- 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 centre, which is an alternative dispute resolution scheme and offers you a way to solve your problem without going to court.
- 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:
- Using the Website illegally, or in any other manner that might damage, overload or harm the Website.
- 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.
- 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.
A. 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.
B. 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.
C. 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.