Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR USE OF THE SITE AND SALE IN THE ONLINE STORE AT RISK
The following information sets out the General Terms and Conditions of this website, namely the conditions of sale in the online store.
IN ORDER TO HAVE A WELL EXPERIENCED USING ON THIS WEBSITE, WE ASK YOU TO CAREFULLY READ THESE TERMS AND CONDITIONS. BY BROWSING THE WEBSITE, THE USER IS AGREEING TO THE TERMS SET FORTH HEREIN.
I. GENERAL PROVISIONS
Industrias e Comércio de Calçado, SA. (hereinafter ICC or simply Seller), headquartered at Avenida de Londres, Nº 540-Sala 601, 4800-151 Guimarães, with a share capital of €1,416,495.00, VAT number 501642200, registered at the Commercial Registry of Guimarães , is the legitimate owner of the official website whose domain can be found at http://www.norisk.pt, hereinafter referred to as No Risk Online Store, as well as its subdomains.
2. CUSTOMER SUPPORT
For additional information or for clarification of any queries, you can contact ICC at firstname.lastname@example.org or, if you prefer, by phone on +351 253 776 624, Monday to Friday, from 9:30 am to 6:30 pm.
3. PURPOSE AND SCOPE OF APPLICATION
3.1. The website www.norisk.pt aims to promote and sell professional footwear and other personal protective equipment under the NO RISK brand.
3.2. These Terms and Conditions are applicable to any User of the website www.noriskeurope.com and any and all operations and/or transactions of any nature carried out through it.
3.3. Any transaction of a commercial nature carried out under Section I is applicable to any User acting as a professional (B2B) or as a “consumer” (B2C), according to the concept defined under the terms of the legislation in force, without prejudice to those provisions. which under legal terms are exclusively applicable to consumers.
3.4. ICC reserves the right to unilaterally change, at any time and without prior notice, the presentation and content of the website, namely the Terms and Conditions, information on products, prices, promotions, commercial conditions and services. Users are subject to what is in force on the date of consultation and/or use of the website.
4.1. In compliance with applicable legislation, each and every User undertakes to use the website within the applicable conditions, keeping out of any type of activity outside the law,
ethics, morals, or the interests of third parties. Otherwise, ICC reserves the right to resort to the competent legal means.
4.2. It is expressly prohibited to introduce links on this site for commercial purposes or without the prior authorization of ICC.
4.3. ICC has no responsibility for third-party links. In the event that the User visits other website(s), having as a starting point the website www.noriskeurope.com, he/she will have to read the privacy policies, as well as the general conditions of use thereof.
5. INTELLECTUAL PROPERTY
All content and information on www.noriskeurope.com and its subdomains are the property of ICC and, therefore, the use, reproduction, copying and dissemination, by other means, of logos, texts, images and videos on the website, is subject to prior authorization to that effect.
II. ONLINE SALE
6. ONLINE STORE INFORMATION
6.1.1. The ICC refers to information regarding the characteristics of the products through the visual and technical descriptions, photographs and videos that illustrate the products sold.
6.1.2. The photographs and videos presented on the website are merely illustrative, so before the User places an order, it is recommended to consult in detail the characteristics of the product to be purchased.
6.1.3. The catalog of products and quantities available in stock are exclusive to the NO RISK online store and independent of availability in physical stores.
6.1.4. ICC is not responsible for any changes in the appearance or characteristics of the product that are made available on the website. In this context, Users accept the technical descriptions, photographs and videos that are in force at the time of order confirmation.
6.1.5. However, if the User finds that the products contained in the order confirmation email are not correct, he/she may immediately request a change before the order is shipped, by sending an email to email@example.com.
6.2.1. The price of each product available on firstname.lastname@example.org and its subdomains is always presented in euros, including VAT at the legal rate in force.
6.2.2. The prices practiced as well as any campaigns or promotions are exclusive to the NO RISK online store and independent of any values practiced in physical stores or third-party websites, without prejudice to being, usually, coincident.
6.2.3. The price of the products available on the website may be subject to change. Any change will not affect orders for which an order confirmation has already been sent via email.
6.2.4. Although icc makes its best efforts to keep all information up to date, computer, manual, technical or any other errors may occur, which cause a substantial change not foreseen by ICC
in the retail price. If the price of the product confirmed by email is substantially lower than the advertised and paid price, the difference will be refunded. If the price is substantially higher, the User will be informed by email, with the option of accepting a new proposal or canceling the order, as referred to in clause 10 below.
6.2.5. Only the final menu, presented before the User submits the order, will include shipping costs, as specified in clause 9 below. There may be other additional shipping costs referring to countries outside the European Union (such as customs fees), not identified in the final menu, and which are the User's responsibility.
6.3. PAYMENT METHODS
6.3.1. ICC provides the User with several options to pay for their order at www.noriskeurope.com:
- Bank transfer: The User has the maximum period indicated in the order confirmation email to make the payment, using the data provided for this purpose. Once 48 calendar hours have elapsed after receiving the order confirmation email, and if ICC has not received any payment, the order will be automatically cancelled.
- PayPal: With a PayPal account, the User may choose to pay with their credit card, bank account or PayPal account balance on any purchase. The User will be redirected to the PayPal page, where he/she must authenticate and validate the payment.
- Bank card: If you choose this payment method, you will need to fill in the following data to complete the payment: Card owner's name, card number (16 digits), security code (3 digits) and expiry date. This information will be sent by the Encrypted Protocol to the company that
provides the remote electronic payment services, SIBS, without third parties having access to the transmitted information. This information will not be used by ICC, except to carry out the operations necessary for reimbursement, in the case of return in accordance with the exercise of the right of return, or for reporting fraud cases to the police.
7. USER INFORMATION
7.1. Making purchases through our website does not imply the creation or existence of an online account by the User, provided that the form called “Billing Details” is completed. However, the User may choose to create an account in order to facilitate future purchases through the online store.
7.2. The User declares and guarantees that all information provided by him/her remains correct and up-to-date. If the User finds that the data contained in the order confirmation email is not correct, he/she may immediately request a change by sending an email to email@example.com.
7.3. ICC is not responsible for inaccurate information provided by you, nor for information that later becomes out of date. Consequently, ICC is under no obligation to make efforts to determine the correct and up-to-date contact to resume communications with the User, namely to send the order confirmation email and delivery.
7.4. ICC is constantly committed to ensuring information security and recognizes the importance of protecting the personal data of Users of the firstname.lastname@example.org website.
For reasons of transparency, our Privacy Statement is permanently available for consultation at email@example.com.
8. ORDER PROCESS
8.1. No contract regarding the products available on this website is established between ICC and the User without the order having been previously accepted by the User and confirmed by receiving the order confirmation email.
8.2. To make any purchase on our website, the User must follow the ordering process indicated below:
- Browse through the pages of the ICC online store, click on “Online Store” and find the product(s) you wish to purchase.
- Add each product to the “Cart” and its quantity by clicking on the “Add” button.
- After you have added all the products you want to purchase, complete the purchase by clicking on “Checkout”.
- Fill in the “Billing details”.
- Select the payment method.
- Review your order.
- Proceed to payment (we recommend that you transfer only the exact amount specified in the final menu and make individual transfers on demand).
- Confirm your order (“Confirm Order”).
- Finally, you will receive an order confirmation email (we suggest you print or download this copy for future reference).
8.3. The User undertakes to make the payment exclusively according to the indications and payment methods specified above. Otherwise, ICC is not responsible for the loss of payment or any other damages that may arise therefrom.
8.4. All data recorded by ICC constitute proof of the set of transactions carried out between the parties, and ICC is responsible for filing the electronic document in which the contract is formalized, being obliged to keep it accessible to the User.
9.1. ICC retains ownership of ordered products until it has received full payment for all such products. In this way, the processing of the order will only start from the date of its payment (which may or may not correspond to the date of sending the Order Confirmation email).
9.2. Products from the NO RISK online store can be shipped to Mainland Portugal, Islands, and other countries on the European continent as listed in “Billing Details”.
9.3. ICC will make its best efforts so that, except in exceptional circumstances, the products contained in the order confirmation email are delivered to the User on the date indicated therein.
9.4. If there is no indication of date and subject to availability of stock, the following delivery times are used as a reference:
- Mainland Portugal and Mainland Spain: within 6 to 7 business days from the date of payment.
- Madeira and Azores Archipelago: between 10 and 12 working days from the date of payment.
- Balearic Islands and Canary Islands: between 6 and 9 working days from the date of payment.
- Other European countries (except Portugal and Spain): between 10 and 12 working days from the payment date.
9.5. Weekends or holidays are not taken into account for the estimated delivery of orders, as deliveries are only made from Monday to Friday.
9.6. The dates indicated above are merely indicative. In addition to the shipping time varying depending on the carrier and the destination of the order, the dates indicated above may change, namely due to unavailability of stock, unforeseen circumstances of the carrier or force majeure events beyond the reasonable control of ICC. ICC is not responsible in case the delivery is not fulfilled within the estimated time.
9.7. If, for any reason, ICC is unable to deliver on the scheduled date, the User may be informed accordingly and may be given the option of accepting a new date or canceling it.
9.8. If more than one product is ordered, ICC reserves the right to split the delivery of the order, namely if part of the order is delayed or temporarily unavailable. In such case, efforts will be made to promptly inform the User of the phased delivery.
9.9. An order or part of it is considered delivered with the signature of the delivery receipt at the address indicated by the User.
9.10. All deliveries will have a shipping cost that will appear in the final menu before the User submits his order, with the exception of promotional campaigns, expressly indicated on the website, in which ICC waives the cost in question.
9.11. Shipping cost can vary significantly between countries.
9.12. It is the User's responsibility to check with the local authorities the conditions of importation or use of the products that he intends to order. ICC is not responsible in case of violation of the legislation of the country where the order is delivered, namely customs retentions.
10. ORDER CANCELLATION BY THE USER
The User may request the cancellation of his order until the date of dispatch, without justifiable reason, with the right to a refund of all amounts paid, by sending an email to firstname.lastname@example.org.
11.1. Under the terms of the legislation in force and without prejudice to the provisions of the following clause, referring to situations of non-conformity of the purchased product, the User can always exercise their right of free resolution within 14 (fourteen) days from the receipt of
the ordered product. without having to present any justifiable reason. For this purpose, the User must contact us at: email@example.com.
11.2. The User will have to keep the products in order to be able to return them in the proper conditions of use, with all their components, accessories and original packaging.
11.3. In case of exercise of the right of free resolution, the price of the purchased product will be refunded. Return costs are borne by the User.
12. RESOLUÇÃO / SUBSTITUIÇÃO POR FALTA DE CONFORMIDADE DO PRODUTO
12.1. The products purchased by the User acting as a consumer enjoy a legal guarantee of 3 (three) years from the date of delivery, under the terms of the legislation in force.
12.2. The User must report the non-conformity within 2 (two) months of becoming aware of it.
12.3. ICC will bear the costs inherent to the return or collection of the non-conforming item for replacement, within the period of the respective legal guarantee. In case of return, ICC will refund the amounts paid, including return charges.
12.4. For the avoidance of doubt, in the case of returning items purchased as part of commercial campaigns or promotions, only the amount actually spent on the purchase of the product you intend to return or exchange will be refunded.
13. RETURN/REPLACEMENT PROCESS
13.1. The return or collection of products ordered for replacement must be carried out through the same carrier that delivered the products to the User's address, as follows:
- Put the article in a box. You can use the original packaging where you received the order or another cardboard box, as long as it is not damaged. If you use the original packaging, empty it and place only the item you want to return. Close the box and seal it with tape. If the box has any labels, stickers, or other materials from previous shipments, remove them.
- The collection will be carried out within a maximum period of 5 working days after you have made the return request. You will be contacted by customer support services to schedule the collection of the products. If you are not at the address indicated at the time of collection, a new collection will be scheduled on a date/time to be agreed between the User and the transport company.
- Collections are not carried out on holidays and weekends.
- Upon receipt of the product in our warehouse, the Quality Department will verify that the product complies with our requirements for Return or Replacement. If so, the Return will be confirmed or the chargeback will be made.
- For the reimbursement of the amount paid, ICC makes available to the User two options: issuing a credit note for the returned Products, which can only be discounted at the NO RISK online store within a maximum period of 6 months from the date of issue; or the reversal itself, by bank transfer.
13.2. The pick-up appointment with the carrier will be made by ICC within 5 working days, after receiving the exchange/return confirmation. The collection will be carried out from Monday to Friday, it is not possible to schedule a specific time.
13.3. After receiving all the products ordered, or only part of them, at our facilities, we will process them within a maximum period of two working days. If the return is confirmed, the User will be refunded within 10 working days by bank transfer.
14. REFUSAL / SUSPENSION OF ORDER BY ICC
14.1. Without waiving the provisions of the preceding articles, ICC reserves the right to refuse or suspend order requests as well as orders already confirmed by email, whenever it is justified, namely:
- If there is suspicion that the order was placed by a User who is not acting as a consumer.
- If the order has been flagged by the site's Security Systems as an incorrect, irregular order, or an order susceptible to fraud.
- If there is suspicion of the User's lack of capacity (Example: for being a minor). • Failure to pay within the stipulated time or sufficient guarantee of good collection.
- If there is a need to control any excess submissions, due to production management issues, out of stock or as deemed appropriate.
14.2. In all cases, every effort will be made to promptly inform the User of such refusal or suspension. In case of total or partial refusal of an order already confirmed through the order confirmation email, the User will be refunded for the full amount paid.
15.1. ICC rejects any liability for indirect loss or damage and cannot be held liable for damages suffered by third parties, resulting from the use of its products, nor as a result of their misuse.
15.2. The provisions of this clause do not prejudice the legal rights of the User, as a consumer.
16. ALTERNATIVE DISPUTE RESOLUTION
16.1. The User has the right to exercise his right to complain by sending an email to firstname.lastname@example.org or by telephone to +351 253 776 624 or, if he chooses, he may also do so using the Electronic Complaints Book available to the effect.
16.2. The European Union has created a website to support consumers in submitting their complaints about any dispute in which they are involved. In this context, the ICC makes available all the information so that you can exercise your right to complain to an official, third party and impartial entity to the process. Therefore, if you are dissatisfied with the purchase of a good or service on our website, or with the solution presented by us to resolve the situation, you can access this official website https://ec.europa.eu/consumers/odr and expose your complaint.
16.3. Pursuant to article 18 of Law No. 144/2015, of 8 September, the ICC informs that, in the event of a dispute, the consumer has the possibility of resorting to Alternative Dispute Resolution entities:
- CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo • Centro de Arbitragem de Conflitos de Consumo de Lisboa
- Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
- CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
- CIMPAS – Centro de Informação, Mediação e Provedoria de Seguros
- CICAP – Tribunal Arbitral de Consumo
17. LAW AND JURISDICTION
17.1. These Terms and Conditions will be governed in all their aspects by portuguese law.
17.2. In the event of a dispute regarding the interpretation or execution of these Terms and Conditions, before any legal means are taken, the parties undertake to endeavor to obtain an amicable solution, which is fair and adequate, within a maximum period of 60 (sixty) days from the receipt of the communication addressed for this purpose by any of the parties involved.
17.3. In the absence of an amicable solution, pursuant to the provisions of the previous number, the parties establish the Court of the District of Guimarães as competent jurisdiction, to the exclusion of any other.