Terms of service

Terms of Purchase and Use
WWW.PAEZ.COM

1. INTRODUCTION

This document (together with those mentioned in the annex) establishes the conditions that determine the use of this website (www.paez.com) and the purchase of products on it (hereinafter "Conditions"). We ask you to carefully read the conditions, our policies regarding cookies as well as our privacy policy before using this website. By using this website or placing an order through it, the customer is aware that you must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the conditions and privacy policies, you must not use this website.

These conditions may be changed, it is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the contract (as defined below) are the ones that will apply.

If you have any questions regarding the conditions or privacy policies, you can contact us through our contact form, by phone +351 234 248 505, or by email onlineshop@paez.com.

The Agreement may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.

2. OUR DATA

This website is executed under the name PAEZ by JUMPERS BRANDS S.L. - SUCURSAL EM PORTUGAL, permanent representation in Portugal of the commercial company under Spanish law JUMPERS BRANDS, SL, with registered office at Rua Rodrigues Faria, n.o 103 – Edif. I, Piso 3, Espaço 3.03C, Alcântara, 1300-501 Lisboa, registered at the Commercial Registry Office of Lisbon, under the number 980 752 507 which is also the number of identification of legal person, with the telephone number +351 234 248 505 and the e-mail onlineshop@paez.com.

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or data provided by the customer will be treated in accordance with the provisions of the Privacy Policy. By using this website, the customer is consenting to the processing of said information and data and declares that all the information or data you provide us are true and correspond to reality.

4. USE OF OUR WEBSITE

By using our website and/or placing orders through it, the customer undertakes
to:

1. Use this website only to make legally valid inquiries or orders.
2. Do not place any false or fraudulent order . If, rationally, we can consider that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities .
3. Provide us with your e-mail address, postal address and/or other contact details, truthfully and accurately. You also consent to theuse of the information provided to contact you (if it is necessary to consult our
   Privacy Policy ).

If you do not provide us with all the necessary information, we will not be able to proceed with your order. By placing an order through this website, you declare that you are over 18 years of age andhave the legal capacity to enter into contracts.

5. CONCLUSION OF THE CONTRACT

To place an order, you must follow the online purchase procedure and click on "Authorize Payment", being that you must first read and accept these Conditions of Purchase. By doing so, you are entering into a contract of sale with us (the "Agreement"). You will then receive an e-mail acknowledging receiptof your order (the "Order Confirmation ") and after receiving your order , we will send you your invoice electronic (the 'E-Ticket').

6. AVAILABILITY OF PRODUCTS

All product orders will be subject to availability. In this sense, if there is any difficulty regarding the supply of products or if there are no items in stock, we will inform you immediately of the unavailability, and we will refund any amount paid by you within 14 days.

7. DELIVERY

Without prejudice to the provisions of the previous Clause, relating to the availability of the products, and unless extraordinary circumstances occur, we will attempt to ship the order relating to the products mentioned within the time limits stipulated in each Order Confirmation or in our Shipping Policy or, if it has not been specified, no delivery date within 30 days from the date of Order Confirmation. However, delays may occur for any of the following reasons:

• customization of products;
• specialized articles;
• unforeseen circumstances; or
• problems in the delivery zone.

If we are unable to comply with the delivery date for reasons not arising from our responsibility, we will inform you of this circumstance giving you the option to continue with your purchase, set a new delivery date, or cancel the order with full refund of the amount paid, without prejudice to all other rights that assist you in accordance with applicable law. In any case, we do not make deliveries on Saturdays and Sundays.

According to these conditions, the "delivery" must have been carried out or the order "delivered" when the customer or a third party indicated by you is physically in possession of the products, which will be evidenced by the signature of the receipt of the order at the delivery address indicated.

8. IMPOSSIBILITY OF DELIVERY

If it is impossible for us to deliver your order we will leave a note indicating where your order is and what to do so that the Let's deliver again. If you are not at the place of delivery at the agreed time , we ask you to contact us so that we can arrange delivery to another day (always dependent on availability and/or conditions established by the contracted carrier).

Please note that in case of non-delivery of the product within the stipulated period , you maybe charged expenses related to the storage of the products and repayment attempts .

9. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS

The risks of the products will be borne by the customer from the moment of their delivery. The customer will acquire ownership of the products when we receive full payment of the amounts due in respect of them, including shipping costs.

10. PRICE AND PAYMENT

The price of each product will be the one stipulated, at all times, on our website, except in the case of an obvious error. Although we try to ensure that all prices shown on the page are correct, errors may occur. If we detect an error in the price of any of the products that the customer ordered, we will inform you as soon as possible and we will give you the option to reconfirm the order with the correct price or to cancel it. If we are unable to contact the customer, the order will be canceled and the amount paid will be refunded in full. We will not be obliged to provide you with any product at the incorrect lower price (even if we have sent the Order Confirmation) if the error in the price is obvious and unambiguous and if it could have been reasonably recognized by the customer as being an incorrect price.

The prices on this website include VAT but do not include postage, which will be added to the total amount owed, as set out in our Shipping Policy.

Prices may change at any time, but (except as set forth above) the possible changes will not affect orders for which we have already sent an Order.

Once your purchases have been made, all the items you wish to buy have been added to your cart and the next steps will be the completion of the order and payment. To do so, you must follow the steps of the purchase process, filling out or verifying the information requested at each step.

In addition, during the online purchase process, before payment, the customer can change the data of his order. If you are a registered user, a record of all requests made by the user will be available in the "My Account" area. You can make the payment with Visa, Mastercard, Amazon Pay, Google Pay, Apple Pay, PayPal and Multibanco reference. To reduce the risks of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorise your card to ensure that there are sufficient funds to complete the transaction. Your card will be debited as soon as your order leaves our warehouses.

If your payment method is the PayPal, the debit will be made at the time we confirm the request.

By clicking on "Checkout", the customer confirms that the credit card is his/her own or that he is the rightful owner of the gift card or payment card.

Credit cards are subject to verification and authorization by the issuing entities, but if they do not authorize payment, we will not be liable for any delay or non-delivery and we will not be able to formalize any Contract with the customer.

Payments for orders may be processed by Shopify, which receives and processes such payments on behalf of PAEZ, and is duly authorized for this purpose.

11. BUY AS A GUEST

This web page also allows you to purchase through the guest purchase feature. In this mode of purchase, only the essential data are requested to be able to place your order. Once the purchase process is complete, you will be offered the possibility to register as a user or continue as an unregistered user .

12. VALUE ADDED TAX

All purchases made through this website are subject to the Value Added Tax (VAT) rate in force.

13. EXCHANGE POLICY

Right of free termination of the contract

According to the applicable rules if you are contracting as a consumer, the customerhas the legally established right to terminate the contract, up to 14 days, after its conclusion without presenting any reason.

The period of free resolution will expire after 14 days from the day on which the customer (or a third party - other than the carrier - indicated by you) has in his possession the items arising from the purchase Held.

To exercise the free right of termination of the contract, the customer can contact us through the telephone number +351 234 248 505 and by e-mail onlineshop@paez.com or through the contact form available on the website, of his decision to terminate this contract by writing an unambiguous statement (example: a letter sent by post or e-mail). The customer can use the model resolution form , as shown at the bottom of this page.

To respect the deadline for free termination of the contract, simply send your communication relating to your exercise of the right of withdrawal before the termination period of the contract expires.

Effects of termination of the contract

If the customer terminates the Agreement, we will refund the amount paid for the products, and any other payments received in connection with the contract (with the exception of return costs).

We will make the refund through the same payment method that the customer used for the original transaction. In any case, the customer will not pay any fee (fee charged by the bank) arising from said refund. Notwithstanding the foregoing, we may withhold reimbursement until we receive the goods back, or until the customer shows evidence that he has returned them.

The customer must send the items explicitly as indicated by the Customer Support team, during the return request, not exceeding a period of 30 days from the date on which the customer has the product in his possession.

The deadline is met if the customer returns the products before the 30-day period after the date of receipt of the order has expired. Please note that, after delivery of the order, if the customer exercises the right to terminate the contract and makes the return through a carrier chosen by him and not by PAEZ, we cannot assume the risk in the return packaging when referring to causes not imputed to PAEZ.

Likewise, the customer is responsible for the contents of the return package when choosing one of the return methods indicated by PAEZ.

In the event that there is an error in the contents of the return package not charged to PAEZ, we are entitled to charge the costs associated with the corresponding return to the customer, if applicable. All rights recognized by the law in force will be safeguarded.

Contractual right to return the products

In addition to the legally recognized right of free termination of the contract by consumers, we grant the customer a period of 30 days from the date of confirmation of shipment of the products to make the return of the same.

The Customer may exercise his right to return the products in accordance with the terms provided for the exercise of the right of free termination of the contract.

However, the customer must inform us of his intention to return the products and deliver the products to us within a period of 30 days from the confirmation of shipment.
That is, in the case of returning the products by the customer, he will have to return the items in order to guarantee that they are received by PAEZ within 30 days from the date of confirmation of shipment.

Conditions for exercising the contractual right to return products

The customer does not have the contractual right to return the products, provided for in the clause regarding the following products:
• Sealed products that are not eligible for return for hygiene reasons and that
have been opened after delivery.
The contractual right to return products must apply exclusively to products that can be returned in the same conditions in which the customer received them.
No refund will be made if the product has been used beyond simply opening its packaging or if it has been damaged;
therefore, the customer should be careful with the products while they are in their possession.
Please return the item, using or including the original packaging.
It must also include all instructions, labels, documents and packaging of the products, together with the product itself purchased.

Upon return, the respective products must be returned as indicated:
i) Returns by carrier (Portugal and Europe): When returning the product(s), you must contact us through our online contact form, the e-mail onlineshop@paez.com or through the telephone number +351 234 248 505, so that the product is delivered to a place indicated by Paez.
The customer must send the product in the same packaging received.

The costs of this return method will be charged to the customer.

ii) Returns at collection points (in Portugal): The customer can request a return at a collection point in Portugal determined by us.
After having requested the return, the customer will have to use the guide that he receives with his purchase, to paste it in the order.
After examining the item, we will let you know if you are entitled to a refund of the amounts paid.to our warehouses.
Returns will always be made using the same means of payment that the customer used to pay for the purchase.
If you have any questions, please contact us using our contact form, email onlineshop@paez.com or telephone number +351 234 248 505.
Notwithstanding the limitations on the contractual right to return products, this Clause shall not apply to the exercise of the right of free termination of the contract legally attributed to the consumer, namely with regard to limiting the powers of inspection and handling of goods.

Defective products
In cases where he considers that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within the legally established period of two months through our contact form, or e-
email onlineshop@paez.com indicating the details of the product as well as the damage suffered, or contacting us at +351 234 248 505, and we will indicate how to proceed.

We will ask for proof sent by image of the defect in the shoe.

The refund of the price must take place as soon as possible and, in any case, within a maximum period of 14 days after we receive your order back.
The amounts paid for products returned due to any damage or defects will be refunded in full, including the delivery costs incurred in sending the item and the costs incurred in returning them.
The return must be made using the same payment method used to pay for the purchase

All rights recognized by the law in force will be safeguarded

Replacement of a defective product

This possibility is independent of the Right of Termination, which continues to exist, both from a legal point of view and from a contractual point of view.
Variations that shall not be considered defects
The products we sell, especially those made by hand, often have the characteristics of the natural materials used in their production.
These characteristics, such as variations in grain, texture, knots and colors, may not be considered defects or damage.
On the contrary, you should count on their presence and appreciate them.

The only select the highest quality products, but features are unavoidable and must
be accepted as part of the individual product appearance.

Right of cancellation and return of orders from abroad
If you have ordered items from another EU Member State outside of Portugal through this website, the above clauses apply with the restriction that the transport determined by us can only be carried out to the original delivery address within Portugal.

We further inform you that we are under no circumstances obliged to pay shipping costs to addresses other than the original delivery address, nor return costs to destinations outside Portugal.
The provisions in this clause must not affect your rights as a consumer and user, nor your right to terminate the contract.

14. INTELLECTUAL PROPERTY

The customer acknowledges and consents that all copyright, trademark and other intellectual property rights over the materials or content that are provided as part of the website are, at any time, ours or those of those who granted us
the license to its use.
The customer can only use this material in a way that is expressly authorized by us or by whoever granted us the license for its use.
This does not prevent you from using this website to, as necessary, copy information relating to your order or contract data.

15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website through the intentional introduction of viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material.
You must not gain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website.
You agree not to attack this website via a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause may imply the commission of offenses typified by the applicable legislation.
We will inform the competent authorities of any breach of said legislation and will cooperate with them to discover the identity of the attacker.
In the event of non-compliance with this clause, you will also no longer be authorized to use this website.

We will not be responsible for any data or losses resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials, as a result of the use of this website or the download of contents from the same or the contents to which it redirects.

16. LINKS FROM OUR WEBSITE

If our website contains links to other pages and materials from third parties, these links are provided for information purposes only and we have no control over the content of those pages or materials.

Therefore, we will not accept any liability for damage or loss due to its use.

17. WRITTEN COMMUNICATION

Applicable law requires that some of the information or notices we send you be in writing.
By using this website, the customer accepts that most notifications with us are electronic.
We will contact the customer by email or provide information through notices placed on this website.
For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing.
This condition will not affect the rights recognized by law.

18. NOTIFICATIONS

Customer notifications must be sent via telephone contact +351 234 248 505, via the contact form on the website, via email onlineshop@paez.com.

It will be considered that the notifications have been received, and correctly carried out, the moment the customer enters our website, 24 hours after sending an email and, in the case of an email, that it has been sent to the email address specified by the recipient

19. TRANSFER OF RIGHTS AND OBLIGATIONS

The commitment of the contract is valid for you and for us, as well as our respective successors, people who benefited from transfers made by us and heirs.
You may not transmit, waive, embargo or in any other way transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.

We may transfer, waive, embargo, subcontract or otherwise transfer a contract or any of the rights or obligations arising therefrom, at any time during the term of the contract.
All other transmissions of our contractual position, rights or obligations under this contract will also be subject to your prior consent.
For the avoidance of doubt, such transmissions, assignments, embargoes or other transfers must not affect the rights that, as applicable, you have as a consumer recognized by law or that cancel, reduce or limit in any way the express and implied guarantees that we give you we may have given.

20. FORCE MAJEURE REASONS

We will not be liable for any breach or delay of any of the obligations assumed by us under a Contract which is caused by events beyond our control (Force Majeure).
The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our control, including, but not limited to, the following:

i. General strike, or other forms of protest that significantly affect the country.
ii. Public nuisance, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
iv. Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.
v. Inability to use public or private telecommunications systems.

It will be considered that our obligations under the Contracts are suspended during the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the Reasons for Force Majeure.
We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations under the Contract despite the Force Majeure Event.

21. WAIVER RIGHTS

The absence of demand on our part for the strict fulfillment by the customer of any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due under that Contract or Conditions will not waive or limit any such rights or actions, nor will it release the customer from performing its obligations.

No waiver by us of a concrete right or action shall imply a waiver of our rights or actions arising from the Contract or the Conditions. No waiver on our part of any of these Conditions or the rights or actions derived from the Contract will be effective, unless it is expressly established that it is a waiver, formalized and communicated to the customer, in writing, in accordance with the provisions of clause 18 above.

22. PARTIAL CANCELLATION

If any of these Conditions or any provision of a Contract are declared null and void, by firm resolution on the part of a competent authority, the remaining terms and conditions remain in force, without being affected by this declaration of
nullity.

23. SINGLE AGREEMENT

These Conditions and all documents to which express reference is made constitute the entire agreement existing between us and the customer, regarding the object of the Contract, and replace any other pact, agreement or promise previously established between us and the customer, verbally or by written.

We and the customer acknowledge that we have consented to the conclusion of the Contract without relying on any statement or promise made by the other party or that may interfere with any written statement in the negotiations entered
into by both parties prior to this Contract, except for what is expressly mentioned in the present Conditions.

24. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the purchase contracts made through this page are governed by Portuguese law.
This provision does not affect the other rights recognized to the consumer by the legislation in force.

25. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome.
We kindly ask you to send your comments and suggestions through our contact form.
You can send your comments and complaints via email to onlineshop@paez.com

26. ALTERNATIVE DISPUTE RESOLUTION

In this sense, if the transaction has been completed through our website, we inform you – in accordance with EU Regulation No. electronic online dispute resolution platform at http://ec.europa.eu/consumers/odr/.
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of 8 September, on the Consumer Portal, via the website www.consumidor.pt.