TERMS & CONTIONS MSASHOES

LEGAL NOTICE

Our Terms and Conditions define  the conditions applicable to sales made between those wishing to make a purchase (hereinafter call the « customer ») through the website htpp://www.msashoes.com and the company EXCLUSIVELILAS, LDA registered under Portuguese law, share capital 1 000€, with the head office:  Travessa Das Lagomas, 11 3720-703 SÃO ROQUE OAZ Portugal VAT: PT 514 486 562

These conditions apply exclusively to non-commercial individuals.

Publishing manager and head editor: Martina Garo

Marketing, communication and customer service manager: Allens Tally.

Host Website1&1

7, Place de la Gare

BP 70109, 57201 Sarreguemines Cedex

+33970808911

Orders

Access to the website is free of charge and public for any web user. Logging on the website implies the acceptance of these terms and conditions by any web user.

The order implies irrevocable acceptance of these terms and conditions. These conditions of sale are subject to change, but the applicable conditions are those in effect on the websitewww.msashoes.com at the time of purchase.

Steps of order

So as to place an order, the customer may select one or several products and add them to the shopping cart. When the order is complete, the customer may access their shopping cart by clicking the button provided for the purpose.

Validation of order by the customer

When checking the shopping cart, the customer may verify the number and type of the products they ordered as well as the features they chose, and may check the unit and global price. They may delete one or several products from their shopping cart. If satisfied, the customer may validate the order. The customer will proceed to a form in which they will have to enter their personal information. When the customer  is creating their account, the customer will have to be careful to indicate or amend the details entered to reflect the correct personal information in their account. Exclusivelilas, Lda will not be responsible for the wrong delivery of the parcel, if the incorrect deliver address is provided.

Payment by the customer

The customer is redirected to the secure payment interface, after completion of the order form. The data recorded and kept by Exclusivelilas, Lda constitutes as proof of the order and all previous transactions.

Order confirmation by msashoes.com

Once the payment is duly received by msashoes.com, the latter undertakes to acknowledge the receipt to the customer by email, within 24 hours. Within the same period, msashoes.com commits to email to the customer the summary of the order, and processing confirmation, specifying all the associated details. Once the parcel is sent, the customer will receive an email with the parcel tracking number.

Prices

Exclusivelilas, Lda reserves the right to modify its prices at any time. Prices are indicated in Euro. The applicable prices hall is those shown on msashoes.com at the time of purchase.    

The prices indictated include all taxes for Europe. Countries outside the European Union maybe subject to additional charges (duties, taxes) upon reception depending on the legislation of the country. The prices  shown are only valid on the day of the order and have no prospective effect.

Delivery

Delivery areas 

Products will be sent to the delivery address indicated by the customer during the check-out process, if the address is not correct or if there are some information that are missing. If the carrier has to send back the parcel, Exclusivelilas, Lda will ask the customer to pay these extra-cost.

Delivery time

Exclusivelilas, Lda will ship the orders for Europe and all other zones within a maximum of 12 (twelve) business days. Delivery times calculated from day after order is placed. Some products volumes can justify a longer delivery time, customers will be informed in these cases.

Return

In the event of the customer finding a manufacturing defect, he shall have three days upon receipt of the good to send (at the following email address sales@exclusiveslilas.com ) the evidence of the existence of the defect.

Following this email, msashoes shall specify how to proceed.                                                                                               

In the event of a return, the products shall be returned in its original box, optimally protected, unused, undamaged, not soiled. The return shall only be possible if the customer attaches a letter to the package setting out the reasons for the return. Return postage fees will be borne by the customer, regardless of the motive.

For these countries the shipment and return cost is free:

Less 200€ order shipment and return charges are 10€.

Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Greenland, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Moldavia, Monaco, Netherlands,  Poland, Portugal, Romania,  Slovakia, Slovenia, Spain, Sweden,  United Kingdom 

Russia: 50€

Zone 4 = 40€  Albania,  Andorra, Bosnia and Herzegovina, Gibraltar, Island, Liechtenstein, Macedonia, Norway, Serbia, Switzerland.

Zone 5 = 40€ Canada, United States of America.

Zone 6 = 180€ South Africa, Algeria, Angola, Armenia, Belarus, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Congo, Cote d'Ivoire, Ethiopia, Fiji, Gabon, Gambia, Georgia, Ghana, Guinea-Bissau, Equatorial Guinea , Mauritius, Kazakhstani, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Morocco, Mauritania, Mozambique, Namibia, Nigeria, New Caledonia, New Guinea, Uganda, Papua, French Polynesia, Reunion, Ruanda, Senegal, Seychelles , Somalia, Swaziland, Tanzania, Timor-Leste, Togo, Tonga, Tunisia, Ukraine, Zambia, Zimbabwe.

Zone 7 = 110€ Japan, Hong Kong.

Zone 8 = 100€ Anguilla, Antigua, Argentina, Bahamas, Barbados, Belgian, Bermudez, Bolivia, Chile, Colombia, Costa Rica, Equator, Guadeloupe, Guatemala, Haiti, Honduras, Jamaica, Nicaragua, Panama, Dominican Republic, Suriname, Trinidad, Tobago, Uruguay, Venezuela, British Violation Islands.

Zone 9 = 110€ Afghanistan, Saudi Arabia, Bahrain, Bangladesh, Bhutan, Brunei, Cambodia, China, United Arab Emirates, Philippines, India, Iraq, Israel, Jordan, Kuwait, Laos, Lebanon, Macao, Maldives, Mongolia, Nepal, Oman, Pakistan, Qatar , Syria, Vietnam, Yemen.

Damaged parcel 

In the event of the delivery of a visibly and evidently damaged package, the customer shall be responsible for refusing it in order to enjoy the guarantee provided by the carrier. The customer shall inform Exclusivelilas, Lda without delay, in order for the latter to prepare a new package, and to ship it upon receipt of the returned damaged package. In such cases, the above delivery times no longer apply.  No complaint shall be taken into consideration after 3 days from the delivery. At all events, any complaint regarding delivered packages shall only be taken into consideration, if the customer made a damage claim to the carrier in accordance articles L.133-3 & subsequent of the French Commercial Code.

Intellectual property 

The Website’s contents (pictures, texts, database…) property of www.msashoes.com , are protected by copyright and database of law. Any partial or full representation, reproduction, translation, adaptation or transformation, carried out unlawfully and without the consent of www.msashoes.com  constitutes a violation of the codes of the intellectual property. The contents are published on the website for information purposes, without any guarantee of their accuracy www.msashoes.com shall not be held liable for any omission, inaccuracy or any error in the information which may cause direct or indirect damage to the customer.

Liability

Exclusivelilas, Lda has for all stages of access to the website and the ordering process an obligation of means. Responsibility for the company cannot be held for any force majeure or customer’s fault. 

Force majeure 

Under these terms and conditions, be considered a force majeure enforceable to the customer any impediment, limitation or disturbance of the service due to fire, epidemic, explosion, earthquake, fluctuations in available bandwidth, failure attributable to the internet service provider, failure of transaction networks, collapse of the facilities, unlawful or fraudulent use passwords, codes or references provided by the customer, online piracy, security breach attributable to the website’s host or to developers, flood, power failure, war, embargo, law, injunction, request or requirement from any government, requisition, strike, boycott or other circumstances beyond the reasonable control of msashoes.com. In such situations, msashoess.com shall be relieved of performing their obligations, within the period of the disturbance.

Customer’s fault

Under these  terms and conditions, be considered the customer’s fault enforceable to him any misuse of the service, fault, negligence, omission or failure attributable to the customer or his attendants, no-compliance with the advice given by msashoes.com on its website, any disclosure or unlawful use of the password, codes and references of the customer, as well as provision of false information or not keeping it up-to-date in the personal space. Be also considered as a customer’s fault the implementation of any technical process,  such as robots, or automatic requests, which shall violate the letter and spirit of these terms and conditions. 

Damages at the expense of msashoes.com

msashoes.com’s   liability shall be limited to direct, personal and certain damage suffered by the customer and related to the failure involved. Msashoes.com shall not be held liable for indirect damages such as loss of data, commercial prejudices,   loss of orders, deterioration of the brand’s image, commercial disorders and profit or customer loss.  Similarly and within the same limits, the amount of damages at the expense of msashoes.com shall not, in any event, exceed the price of the ordered product.

Legal guarantees

Customers have a legal guarantee of delivery in conformity with the order (article 1604 of the French Civil Code), legal guarantee against latent defects (article 1641 and seq. of the French Civil Code) and a security guarantee (article 1386-1 and seq. of the French Civil Code).                                                                                                                     

Customers having the status of consumers have a legal guarantee of conformity (articles L.211-1 and seq. of the French Consumer Code).  Warranty is excluded in case of damages of external origin or consequential to misuse , improper handling, neglect or lack of maintenance by the customer, as in the case of normal wear and tear. 

-Article L.217-4 of the French Consumer Code

The seller is obliged to deliver goods comply with the contract and liable for defects of conformity at the issue. 

-Article L.217-5 of the consumer Code

To comply with the contract, the product must: 1-Be appropriate for the purpose of a similar property and, where applicable, match the description given by the trader and possess the qualities that he has presented to the buyer as a sample. The features, that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling. 2-Or have the characteristics defined by mutual agreement by the parties or be appropriate for any particular purpose for which the buyer made known to the seller and the latter accepted.

-Article L.217-7 Consumer Code

The lack of conformity which becomes apparent within six months from delivery of the goods are presumed to exist at the time of delivery, unless proved otherwise. The seller can rebut this presumption if it is not compatible with the nature of the good or the defect invoked compliance. 

-Article L.217-9 Consumer Code 

In case of lack of conformity, the buyer chooses between the repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice. If the choice, involves a disproportionate cost in relation to the other terms, given the property value or importance of the defect. Where possible, it is then required to make according to the modality chosen not by the purchaser.

-Article L.211-10 Consumer Code

If repair and replacement are impossible, the buyer can send back  good and get refund the price or keep the property and be returned a part of the price.

-Article 1641 of the Civil Code                                                                                                                                                      

The seller must guarantee in respect of hidden defects of the good sold witch render it unfit for the use for which it was intended, or that decrease this use that the buyer would not acquire, or would have paid a lower price if he had known.The guarantor of the defects of the good sold is Exclusivelilas, Lda Company whose office is located Travessa Das Lagomas, 11 3720-724 São Roque OAZ Portugal. When acting legal guarantee of conformity, the customer has a period of two years from delivery of the product to act, can choose between repair or replacement of the property, subject to conditions laid down cost. The customer may decide to implement the guarantee against hidden defects of the products old pursuant to Article-1641 of the Civil Code and can choose between cancelling the sale or reduction of the purchase price in accordance with Article 1644 of the Civil Code.

Litigation

These terms and conditions are subjected to the application of the Portuguese  law.  In case of dispute, Exclusivelilas, Lda and the customer attempt to resolve it amicably. In case of failure of the transaction, the competent court in cases of dispute will be the domicile of the defendant.

Personal data and cookies                                                                                                                                                                  

All your account information is only used in the context of your business relationship with www.msashoes.com. This information is never shared with third parties or resold.

Finally, Exclusivelilas, Lda does not store any  bank details. Transactions are processed entirely by Paypal or the secure payment module of our bank. To improve our service, the website may use cookies. This means clients do not have to log in each time you visit. A cookie is a computer file stored on client’s hard disk, allowing the client to be recognized without time limitation. Clients can of course delete these cookies by disabling their use in their browser. 

Customer Service

For any request and questions, our customer service is available and will reply to you in a short delay.

-email: sales@exclusivelilas.com