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TERMS AND CONDITIONS
1 – INTRODUCTION
1.1 These Terms and Conditions regulate the sale, including registration, ordering, and access to the products of “QUALISHOE - COMÉRCIO INTERNACIONAL UNIPESSOAL LDA,” headquartered at Rua 1º de Maio, nº 1386, 4650-302 Pedreira, Felgueiras, Portugal, with corporate identification number 503807001, on the website https://qualishoe.pt/. They apply to all product sales between Qualishoe and any User placing orders through the website.
1.2 For the purposes of these Terms and Conditions, the following definitions apply: a) “Qualishoe” - The products sold by Qualishoe through the website https://qualishoe.pt/. b) “User” - Any individual, not acting as a merchant, who places an order through the website https://qualishoe.pt/.
1.3 The use of the website https://kapsa.club/ and the purchase of Qualishoe products imply the User’s knowledge, understanding, and acceptance of these Terms and Conditions.
2 – SITE REGISTRATION
2.1 To place an order, the User may register in advance by filling out the fields in the form available on the website.
2.1.1 It is also possible to place an order through a simpler process that does not require registration, as a guest. However, by registering on the website, your data and preferences will be saved for easier use in future purchases.
2.2 Upon completing the registration, the User will have access to their personal account, where they can manage their account settings, favorite items, and orders.
2.3 Once accessing their personal account, the User becomes subject to these Terms and Conditions.
3 – QUALISHOE PRODUCTS
3.1 The website https://kapsa.club/ is intended for all Users who wish to purchase Qualishoe products from their home or workplace, 24 hours a day, 7 days a week.
3.2 Information about product characteristics can be found at https://kapsa.club/.
3.3 The Qualishoe brand reserves the right to modify, at any time, the information, product offerings, prices, promotions, and commercial conditions presented on the website https://kapsa.club/.
4 – PLACING ORDERS ON THE WEBSITE
4.1 To place orders on https://kapsa.club/, the User must have an email account, and their browser must be configured to accept cookies and pop-ups, allowing the User to fully enjoy the browsing experience of the Qualishoe online store.
4.1.1 The User can purchase products online by following these steps:
a) Find the product(s) they wish to purchase;
b) Add the selected product(s) to the “Shopping Cart”;
c) Register their personal data, which will be integrated into Qualishoe’s database in accordance with the Privacy Policy. This includes “Delivery Address,” “Billing Address,” “Payment Method,” phone number, and tax identification number (TIN);
d) Review their order and confirm the purchase.
4.2 The User will receive an order confirmation email with details about the selected payment method. After payment validation, the User will receive a confirmation email.
4.3 Qualishoe will provide all purchase details through the website https://kapsa.club/ in the User’s customer area.
4.4 The order will be delivered by the logistics operator to the delivery address provided during the purchase process, along with a detailed invoice.
4.5 By submitting the order form, the User accepts the Terms and Conditions of purchase described on https://kapsa.club/ as well as the Privacy Policy.
4.6 Qualishoe reserves the right not to accept and to cancel confirmed orders in the following situations:
(a) The product is unavailable;
(b) Payment is not made through any of the available payment options on the website https://kapsa.club/;
(c) Payment is not confirmed;
(d) The billing information is incorrect or unverifiable;
(e) Payment for the order is not received within 5 (five) days of order acceptance;
(f) There is an error in the pricing proposal;
(g) Delivery to the address provided by the User is not possible.
5 – PRICES
5.1 The prices of the products displayed on the website https://kapsa.club/ include Value Added Tax (VAT). Please note that, depending on the case, for orders received outside the European Union, customs clearance services and fees may apply. The amount to be paid depends on the value of the order. The total VAT to be paid by the User will be indicated on the invoice sent to the User.
5.2 All prices are quoted in Euros (€). Please note that changing the delivery country may affect the prices due to varying transportation costs. Customs duties related to the delivery country of the order will be borne by the customer.
5.3 The prices of the products displayed on the website are subject to change. Qualishoe reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.
5.4 If there is an error in the price of the requested products, either Qualishoe or the User may cancel the order until it is dispatched.
5.5 The total price specified at checkout includes taxes from the country of origin (Portugal) and shipping costs.
5.6 The User is only required to pay the amount specified in the order confirmation.
6 – PAYMENT METHODS
6.1 The User can pay for their purchases using the methods indicated at the time of purchase.
6.2 Qualishoe does not accept any payment methods other than those mentioned at the time of purchase. The User should not attempt to make a payment using any method not listed among the indicated payment methods. If the User does so, Qualishoe is not responsible for any loss of payment or other damages that may result.
7 – SHIPPING COSTS
Mainland Portugal:
Shipping - €5.00 + VAT
Free shipping on orders over €250.00
Madeira and Azores:
Shipping - €18.00 + VAT
EU Countries:
Shipping - €18.00 + VAT
Free shipping on orders over €250.00
Switzerland and USA:
Shipping - €38.00
Free shipping on orders over €250.00
Rest of the World:
Shipping - €38.00
Free shipping on orders over €250.00
8 – DELIVERY
8.1 Qualishoe ships the product(s) ordered by the User from Monday to Friday, between 9:00 AM and 6:00 PM, except on holidays, during the days and times used by the logistics company, to the delivery address provided by the User.
8.2 Our delivery service does not include a scheduling option, so the order will be delivered without prior contact from the carrier. It is necessary to ensure that someone is present at the delivery address.
8.3 The shipping time for products is 10 to 15 business days.
8.4 Qualishoe will inform the User of the unavailability of the ordered product(s) and will refund the amount paid within a maximum period of 15 (fifteen) days from the date the unavailability is acknowledged.
8.5 If the carrier is unable to deliver the products on the indicated date, the User will be contacted to arrange an alternative delivery date. 8.6 Upon delivery, the User must inspect the package to check for any damage. If the products appear damaged, the User should not accept the delivery, and the order should be returned. The User should report the issue, preferably with photographic documentation, via email to support@kapsa.club. If agreed upon, Qualishoe will process the return of the order at no cost to the User. If the User wishes to cancel the order, the full amount paid will be refunded.
8.7 If the User does not receive their order within 90 (ninety) days from the payment date, please email support@kapsa.club to inform us of the situation. After this period, Qualishoe cannot be held responsible for the loss of the order.
8.8 Delivery is considered completed upon signing the delivery receipt at the agreed address.
9 – CANCELLATIONS
9.1 Right to Withdraw from the Contract In accordance with applicable regulations, if you are contracting as a consumer, the User has the legally enshrined right to withdraw from the contract within 14 days of its conclusion without providing any reason.
The withdrawal period will expire 14 days after the day the User physically acquires the last product, even if it is part of an order containing multiple products delivered separately.
To exercise the right of withdrawal, the User can contact us via email at support@kapsa.club with an unequivocal declaration of their decision to withdraw from the contract.
If the User withdraws from the Contract, we will refund the amount paid for the products using the same payment method as the original transaction, including, where applicable, delivery costs, without undue delay and, in any event, no later than 14 days from the date we are informed of the User’s decision to withdraw.
Notwithstanding the above, we may withhold the refund until we receive the returned products or until the User provides evidence of having returned them.
9.2 Return of Defective Products If, during the legal warranty period, the sold product proves defective or does not appear or function as advertised, Qualishoe is responsible. Legally, the User has 2 months to detect the defect and proceed with its return.
After this, Qualishoe will inform the User on how to proceed with the return, which must be carried out using the same payment method used to pay for the purchase.
Under the same legal provision, instead of contract cancellation (and the subsequent return of the product and refund), the User may also opt for product replacement or an appropriate price reduction.
The refund of the price, product replacement, or appropriate price reduction must occur as soon as possible and, in any case, within 30 days.
The amounts paid for products returned due to damage or defects will be fully refunded, including the delivery costs incurred in sending the item and any costs incurred in returning them.
All rights recognized by current law will be safeguarded.
c) Qualishoe reserves the right to refuse the return of products with visible signs of use, signs of having been washed, or modified/altered.
10 – HOW TO MAKE A RETURN
1. The User can return the ordered product(s) within thirty (30) days of receipt, provided that:
a) The product(s) have not been used;
b) The product(s) retain their original characteristics and tags;
c) The product(s) are complete.
All materials that accompany the orders must be returned to Qualishoe.
2. Please contact our customer support team at support@kapsa.club to indicate the item(s) you wish to return. Please include your order number.
3. Place the item(s) with all original packaging inside the box and send it to the address provided by our customer support team.
4. After receiving the returned items, Qualishoe will review and confirm their condition, and, if applicable, will process the refund within 30 days, deducting the collection costs. We will send you an email at each step to keep you updated on the status of your return.
5. If the returned products are damaged or worn, Qualishoe reserves the right to refuse the return and deny the refund to the User.
6. The shipping costs are the full responsibility of the customer.
7. Therefore, Qualishoe will not refund shipping or collection costs.
8. Please note, these conditions are valid within Europe. For more information about returns and exchanges outside Europe, please contact us at support@kapsa.club.
11 – QUALITY
Qualishoe does not sell second-hand products, defective products, or products of inferior quality.
The main characteristics of each product displayed on the website https://kapsa.club/ can be found on the product page.
Qualishoe will make every effort to ensure that the colors of the products displayed on the website https://kapsa.club/ are as accurate and true as possible.
However, as computer monitors vary, we cannot guarantee that your monitor is displaying the exact colors.
12 – COMPLAINTS
In order to continuously improve the services provided, Qualishoe will seek to resolve complaints submitted by the User within 10 (ten) business days, via the email support@kapsa.club.
13 – EXCLUSION AND LIMITATION OF LIABILITY
Qualishoe does not guarantee the uninterrupted operation of the website https://kapsa.club/ or any of its features, as it may be suspended for maintenance, repair, or updates.
Qualishoe also assumes no responsibility for any damages, directly or indirectly, arising from force majeure situations that prevent Qualishoe from fulfilling its obligations in any way, including strikes, power failures, telecommunications service failures, fires, floods, inability to obtain products, materials, or services, breakdowns, supplier or carrier delays, and legislative or administrative changes.
Qualishoe is not responsible for any misuse of the User’s access data to the website by third parties, as these are personal and non-transferable.
14 – MODIFICATION OF TERMS AND CONDITIONS
Qualishoe reserves the right to change these Terms and Conditions at any time. Users will be notified of any modifications to the Terms and Conditions through their publication on the website https://kapsa.club/.
15 – PERSONAL DATA PROCESSING
The User should carefully read the Privacy Policy in effect to become aware of the rules and procedures adopted by Qualishoe regarding the processing of data collected when navigating the website https://kapsa.club/ and when using its features, as well as the security and confidentiality measures.
16 – APPLICABLE LAW
These Terms and Conditions and all disputes arising in connection with them, including their validity, the use of the website, or any purchase made on it, shall be governed by Portuguese Law.
17 – ONLINE DISPUTE RESOLUTION
In case of a dispute regarding contractual obligations arising from sales contracts, under EU Regulation No. 524/2013, you may attempt to resolve any dispute out of court by accessing the online dispute resolution platform at the following electronic address:
http://ec.europa.eu/consumers/odr/.
You may also consult the updated list of Alternative Dispute Resolution Entities available under Article 17 of Law No. 144/2015, dated September 8, on the Consumer Portal, via the website www.consumidor.pt. Without prejudice, we inform you that you may resort to the following Alternative Dispute Resolution Entities:
• Centro de Arbitragem de Conflitos de Consumo de Lisboa http://www.centroarbitragemlisboa.pt/
• Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral http://www.triave.pt/
• CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) http://www.ciab.pt/pt/
• CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo http://www.arbitragemdeconsumo.org/
• Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra http://www.centrodearbitragemdecoimbra.com
• Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve http://www.consumoalgarve.pt
• Centro de Informação de Consumo e Arbitragem do Porto http://www.cicap.pt
• European Online Dispute Resolution Platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
ANNEX
RESOLUTION FORM TEMPLATE
To Qualishoe - Comércio Internacional Unipessoal Lda., Rua 1º de Maio, n.º 1386, 4650-302 Pedreira, Porto (email: support@kapsa.club)
I hereby inform you that I am terminating my sales contract for the following items:
Ordered on / received on ()
Consumer’s Name
Consumer’s Address
Consumer’s Signature
Date ()
Delete as appropriate