1 - SUBJECT MATTERS, SCOPE AND DEFINITIONS
1. The present terms and conditions establish the sale, including registration, the order and access to “Clandestino” items, offered by the entity Joaquim Filipe Vasconcelos Matos, NIF 221254072, and headquarters at Rua Rua Oliva Telles, 1473-202, Vila Nova de Gaia, on the website www.clandestino.pt, and apply to all contracts for purchase and sale of “Clandestino” items, concluded between the entity Joaquim Filipe Vasconcelos Matos and any user that proceeds to an order through that website.
2. For the purposes of these general conditions the following definitions apply:
A. – “Clandestino"– Items traded by the entity Joaquim Filipe Vasconcelos Matos, owner of all copyright or related rights, as also other rights that may be subject to protection provided in Industrial Property Code, on the website with the address indicated above and supplier of goods available to order at the same website.
B. “User” – Any non-trader individual, who orders items through the website
3. Present conditions do not exclude User rights and guarantees prevailing in the legislation for contracts of this nature.
2 - AGREEMENT
2.1. Clandestino items purchase and sale assumes the knowledge and acceptance of the Terms & Conditions by the user.
2.2. Upon acceptance of Terms and Conditions, the User confirms that read the Terms and Conditions, and has legal capacity to accept them and conclude the purchase and sale contract of Clandestino items.
3 - REGISTER
3.1. When the client makes an order, in case of not having a registration, the registration form will be found on the checkout page on www.clandestino.pt
3.2. After registration as a client, the User can access his personal online account, by logging in after inserting a personal and non-transferable password, of his choice, at the time of the registration.
3.3. From the moment the User access his personal online account, he is subject to these Terms and Conditions, as well as the laws and regulations governing its operation and use.
4 - Clandestino ITEMS
1. The website www.clandestino.pt is directed to Users wishing to acquire Clandestino's items, from anywhere, 24 hours a day, 7 days a week.
2. Information about essential characteristics of Clandestino items can be found at www.clandestino.pt
3. The entity Joaquim Filipe Vasconcelos Matos, reserves the right to modify at any time the information, the offer of Clandestino items, prices, promotions and trade conditions, presented on www.clandestino.pt
5 - REQUEST / ORDER
5.1. After logging his personal account on www.clandestino.pt, User may proceed to purchase online Clandestino's items, by following these steps:
a) Selection of the item(s);
b) Addition of the selected item to User's “shopping bag”;
c) Registration of User's personal data, with the option to integrate Clandestino database in the terms presented in these Terms and Conditions;
d) Indication of the “Delivery location”, “Billing Address” and “Payment Method”;
e) Introduction of User's ID Tax Number (NIF)
5.2. The entity Joaquim Filipe Vasconcelos Matos, will provide all the details of the purchase through www.clandestino.pt, allowing the identification and correction of any errors, and will ask you to accept the Terms and Conditions, so as and purchase terms.
5.3. User shall be informed about the status of his request/order by receiving an email message, concerning “the order confirmation”, and a second message after the payment confirmation, concerning the “Shipping order”.
5.4. Finally, User's request/order will be delivered by the logistics operator, in the “Shipping Address” specified at the purchase process and with the corresponding detailed invoice.
5.5. The completion of the online order for all the items included in the “shopping bag” assumes the acceptance by the User of purchase of these items, for the described prices and within the terms described on the website www.clandestino.pt, and the User may only place orders through www.clandestino.pt with the prices, terms and conditions set forth in it.
5.6. If The entity Joaquim Filipe Vasconcelos Matos, for whatever reason, does not accept User's request, a right that The entity Joaquim Filipe Vasconcelos Matos expressly reserves, User shall be informed.
5.7. The satisfaction of all orders placed on the website mentioned above, is subject to availability of The entity Joaquim Filipe Vasconcelos Matos, which will try ensure that all items available for sale on the website are in stock. However, The entity Joaquim Filipe Vasconcelos Matos, reserves the right not to accept any orders or cancel orders already confirmed for items which there is no stock, and in these cases, The entity Joaquim Filipe Vasconcelos Matos shall inform the User of this fact and reimburse the amount received.
5.8. Joaquim Filipe Vasconcelos Matos does not accept orders on the following situations:
a) The total value exceeds €1.000;
b) The purpose of the purchase is to resale the items;
c) The item is not available at The entity Joaquim Filipe Vasconcelos Matos;
d) The payment is not made using any of the payment options available at www.clandestino.pt;
e) The payment is not confirmed;
f) The "Delivery Address" is situated outside Europe (Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Lichetenstein, Lithuania , Luxemburg, Malta, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom (UK) and Vatican);
6 - PRICES
1. All prices of Clandestino items listed on the website www.clandestino.pt include the Value Added Tax (VAT) at the rate of 23% or at the rate that at any time results of the legal provisions in force. The total VAT amount payable by the User will be described on the invoice to be sent to the User.
2. The prices of Clandestino items, as well as their characteristics, are subject to change without prior notice from the entity Joaquim Filipe Vasconcelos Matos. However, such changes will be posted on the website www.clandestino.pt in order to keep users informed, by which is meant that the User became aware of them prior to the order.
3. Checking up any error in the price of the ordered items, whether The entity Joaquim Filipe Vasconcelos Matos, whether the User may, at any time before the dispatch of the goods, cancel the order.
4. Prices are always subject to final validation and according to invoice for the purchase.
7 - PAYMENT METHODS AND SECURITY
7.1. To promote the privacy and security of documents and information to be transmitted over the Internet, the User can make the payment of their purchases through the management of payments entity.
7.2. To this end, The payment can be made by Paypal and by direct bank transfer. By direct bank transfer it's necessary refer the number of the ID order in the bank transfer descrition . Its also necessary attach and send by email to firstname.lastname@example.org the Bank transfer confirmation. All transactions are made in euro.
8 - DELIVERY COSTS
8.1. Standard delivery charges for Portugal and Spain are supported by the entity Joaquim Filipe Vasconcelos Matos . Standard delivery charges for other countries are supported by the customer. Shipping costs are available during the order process.
SHIPPING COSTS (€)
1 to 3 business days
3 to 5 business days
costs borne by the customer
3 to 7 business days
9 - DELIVERY
9.1. The entity Joaquim Filipe Vasconcelos Matos shall dispatch the item or items ordered by User, Monday to Friday, except for holidays, and in the days and timetable set by the logistic company, to the address provided by user at the time of order confirmation.
9.2. Joaquim Filipe Vasconcelos Matos, undertakes to comply the order, between the 2nd day after the payment to a maximum period of 15 days, counting from the payment validation day.
9.3. Joaquim Filipe Vasconcelos Matos will inform user in regards to unavailability of the ordered item or items, and will reimburse the amount paid for such item or items, within 15 days, counting from the date of awareness of such unavailability.
9.4. The responsiveness of Joaquim Filipe Vasconcelos Matos within the referred time limits is, however, depending on the stock availability.
9.5. In case of unavailability of the courier to deliver the order on the specified date, User will be contacted to set up a new delivery date.
9.6. The order is considered to be dispatched in the moment that the entity Joaquim Filipe Vasconcelos Matos delivers the to the courier company, and this will be responsible for its delivery to the User, as in the terms listed below:
a) Items will be shipped to User by the courier which will be held responsible for any delay in the order delivery;
b) In the case there is no one to receive and sign the confirmation at the “Shipping address”, the logistics operator will not deliver any item. Except for different operations of the logistics operator from country to country;
9.7. A delivery is considered done or a item considered delivered with the signature of the delivery receipt at the given address as “Shipping address”.
10 - RETURNS AND CANCELLATIONS
10.1. Order cancelation before shipping:
a) User can cancel the order of the items without any charge, provided that they haven’t been shipped yet.
b) If User makes an order and wants to cancel it, should contact immediately our customer service and ask for the cancellation of the order via e-mail email@example.com. Only after this procedure it is possible to cancel the order. If the request for cancellation is successful, User will be notified by e-mail of this decision, and the cancellation will be processed at no cost to the User.
10.2. Return of defective items:
User has the right to return delivered items if it those present defects or other non-conformity due to the ordered items, that should reported in 2 days and the return must be made in the period of 5 days after receiving the order. This does not affect your statutory rights. If your claim is justified, the price paid for the item will be refunded and the logistic company. The shipping costs should not be higher than the one practiced by the logistic operator used by the entity Joaquim Filipe Vasconcelos Matos. In the last case it is used the logistics company that executed the last delivery.To know more about Exchanges and Returns please see our Exchanges and Returns policy.
10.3. Items return
a) User may proceed to return of ordered items until 15 days after the receipt, provided that:
1. Items have not been used.
2. The item maintains its original characteristics and tags and packaging is intact.
3. All shoes have been tried on a carpeted surface before use.
b) User will support the shipping costs of a non-defective item. To request the return of the item User needs to send an email for firstname.lastname@example.org. The consumer will have to inform with the logistic operator the cost of shipping.
c) Once the returned item is received, the entity Joaquim Filipe Vasconcelos Matos will review and confirm its good condition, and when applicable, will refund the User of the amount paid, within 15 days and without any costs, except the shipping cost.
d) If the returned items are damaged or used, the entity Joaquim Filipe Vasconcelos Matos, reserves the right not to accept the return as well and refuse to refund the paid amount.
10.4. Item Exchange
a) The entity Joaquim Filipe Vasconcelos Matos, accepts exchange of an item for another item. In the first exchange, the entity Joaquim Filipe Vasconcelos Matos will only bear the shipping cost to the consumer. Shipping cost from the consumer to the entity Joaquim Filipe Vasconcelos Matos will be the responsibility of the consumer. In case User wishes to exchange an item for the second or following time, User will support the shipping costs.
EXCHANGE/ RETURN (SHIPPING COSTS)
TROCA/ DEVOLUÇÃO DE PRODUTO
USER → CLANDESTINO
CLANDESTINO → USER
costs borne by the customer
costs borne by the customer
costs borne by the customer
11 - COLORS
The entity Joaquim Filipe Vasconcelos Matos will make every effort so that the colours of the items that appear on the website www.clandestino.pt are the most accurate and real as possible. However, as computer monitors may vary, we cannot guarantee that your monitor is showing the exact colours.
12 - COMPLAINTS
In order to achieve and improve our services, the entity Joaquim Filipe Vasconcelos Matos will strive to meet and resolve all complaints made by the User within 5(five) business days through email@example.com.
13 - WARRANTIES AND AFTER SALE SERVICES
Clandestino items have the benefit of the compliance guarantee in the legislation applicable to the sale of consumer goods.
14 - EXCLUSION AND LIMITATION OF LIABILITY
14.1. Joaquim Filipe Vasconcelos Matos, does not guarantee the permanent availability of this service www.clandestino.pt and will not be held responsible for any damage that may result, directly or indirectly from the use or inability to use, for any reason, of the referred website, namely in the case of access unavailability, technical issues or errors in the telematics networks for data transfer, external intrusion or presence of computer viruses, and it will not assume any responsibility for technical problems that may occur in computer equipment used when connecting to the internet through the referred website.
14.2. Joaquim Filipe Vasconcelos Matos, will not assume, likewise, any liability for any damages arising, direct or indirectly, of force majeure situations, and by this is understood, any event out of control or will of The entity Joaquim Filipe Vasconcelos Matos that prevents The entity Joaquim Filipe Vasconcelos Matos totally or partially, permanently or temporarily, to meet its obligations, namely strikes, failure on the power grid, in telecommunications services or any other services, fire, flood, inability to obtain items, materials or services, breakdowns, delays from suppliers or couriers and changes in legislation or administrative regulations.
14.3. The entity Joaquim Filipe Vasconcelos Matos is not held responsible for any misuse of User's website access data, once this data is personal and not transferable.
15 - CHANGES OF GENERAL CONDITIONS
The entity Joaquim Filipe Vasconcelos Matos reserves the right to change, at any time these Terms and Conditions, upon notice, considering this effected by publishing on the site www.clandestino.pt the updated Terms and Conditions.
16 - PERSONAL DATA
16.1. User authorizes the collect and computer processing of its personal data by Joaquim Filipe Vasconcelos Matos including all data disclosed at the time of registration on the website www.clandestino.pt.
16.2. The data provided by the user are meant for registration in the website www.clandestino.pt, for access control and training, implementation and management of the buy and sale contracts of Clandestino.
16.3. The responsible for User`s personal data is The entity Joaquim Filipe Vasconcelos Matos and can also be accessed by the service providers of The entity Joaquim Filipe Vasconcelos Matos, namely account and auditing firms.
16.4. User may, at any time, use the right to access and rectification of his data, in the footer of Clandestino newsletters.
16.5. In the use of User`s personal data for advertising purposes, The entity Joaquim Filipe Vasconcelos Matos warns the User that some of its personal data may float into the web without any security conditions, with the risk of being seen and used by unauthorized third parties.
16.6. User authorizes the collect of his personal data and its computerized process in order to allow orders shipping and administrative operations related to it, including its monitoring and provision of information to User, as also to elaborate statistical studies, promotional actions and direct marketing by Joaquim Filipe Vasconcelos Matos.
17 - DURATION
17.1. These Terms and Conditions apply while the supply of goods is made through the website www.clandestHYPERLINK "http://www.clandestino.pt/"ino.pt.
17.2. The precedent paragraph shall not prejudice the possibility of review and or subsequent modification of these conditions.
17.3. The invalidity of one or more Terms and Conditions does not prevent the application of the remaining conditions neither imply the invalidity of the concluded deal.
18 - PROOF AND FILE
18.1. Computerized records, kept in the informatic system of the entity Joaquim Filipe Vasconcelos Matos are considered as proof of the conclusion of the contract between the parties and the conditions under which it was concluded.
18.2. Records of orders receipts and invoices related with orders will be carried out on a reliable and durable support.
19 - APPLICABLE LAW AND JURISDICTION
19.1. These Terms and Conditions are subject to the Portuguese Law.
19.2. Any issues or disputes arising out of these Terms and Conditions, or from contracts to which they apply or are related, in particular concerning to its validity, effectiveness, interpretation, integration, application or fulfilment, shall be subject to the exclusive jurisdiction of the District Court of Porto, expressly renouncing to any other.
1 - OUR POLICY
All users have the right to the protection of their personal data. Clandestino, registered brand of Joaquim Filipe Vasconcelos Matos respects the right of users to the information in regards to collect and process of their personal data. Clandestino ensures that users details are handled in a correct and lawful way, in conformity with good practices. This website was designed in a way that the collect of your data is minimum and does not exceeds the original purpose for which they were collected.
2 - PERSONAL DATA PROCESS
2.1. Your personal data is collected and handled by the entity Joaquim Filipe Vasconcelos Matos only with purposes strictly connected with the usage of this website, its services and the purchase of products. However they can also be used for other processing operations that are framed within the limits of use:
a) Every time you purchase a product through Clandestino online store we collect your personal information (e.g. password, size, email address, delivery address, credit card details and telephone number) in the buying form, only for sale purpose, separation and transportation of the ordered products;
b) Every time you request service assistance we collect your personal information (e.g. name, email address) with the purpose of provide you with Customer Services that are relevant to this website and your assistance;
c) Every time you save a shipping address, we collect your personal data with the purpose of simplify the invoice issue process in your future orders
2.2. Your personal details will only be communicated to third parties when strictly necessary to process your order. Your details will be revealed in the following situations:
a) Services for electronic payment, through the usage of credit or debit cards;
b) Payments processing;
c) Process and handling of ordered products;
d) Products selection, packaging and shipping;
e) Assistance in issues related with products purchase
f) Process and handling of products exchanges or returns
3 - PERSONAL DISCLOSURE OF YOUR DATA
Your personal data can only be disclosed to third part that pay specific services, as external entities hired by Clandestino. Any disclosure of your data will be made without transcend the original purpose for which they were collected and subsequently handled. Additionally they can be disclosed to third part to:
a) Comply with applicable laws;
b) Respond to legal and government investigations;
c) Be in accordance to valid legal process;
d) Protect the right or property of Clandestino.
Above all, we will not disclose your personal data to third part without your previous knowledge and consent when law demands this, except in the cases listed above.
4 - COOKIES
Clandestino uses automatic systems for data collection as cookies. A “cookie” is a device transmitted to the hard drive of an Internet user. Although a cookie does not contain intelligible information, allow us to link an Internet user to his personal data. Our servers disclose cookies and no one can access to the information they contain. Only the entity Joaquim Filipe Vasconcelos Matos has access to the information collected by a cookie, in a collective and anonymous way, with the purpose of optimize the services of the brand and this website for the needs and preferences of the user and also to personalize the preparation of web pages.
5 - LEGISLATION
The handling of personal data by the entity Joaquim Filipe Vasconcelos Matos will be made in conformity with Portuguese applicable law. The contracts to buy and sell products through this website are regulated under Portuguese law.
6 - WARNINGS, MODIFICATION AND SERVICES CANCELATION
7 - INTELECTUAL PROPERTY RIGHTS
All contents included in this website, such as texts, images or other are exclusive property of the entity Joaquim Filipe Vasconcelos Matos. This way Copyright Code protects them. The entity Joaquim Filipe Vasconcelos Matos reserves the right to make changes in these contents at any time, without previous notice to users.
8 - THIRD PARTY CONTENTS
This website may contain links to third party websites (“linked websites”). The linked websites are not under control of the entity Joaquim Filipe Vasconcelos Matos, and this way, the entity Joaquim Filipe Vasconcelos Matos is not held responsible for the content of any linked website.