Terms & Conditions

1. GENERAL ASPECTS

1.1 These Terms & Conditions of the website brandyourwalk.com (hereinafter simply “Terms & Conditions”) establish the rules that govern the sale of goods/services made through our website.

The Contract of Sale, hereinafter “Contract”, contains the pre-contractual information that brandyourwalk.com website users should be aware of before entering into a Contract.

The website referred to above integrates the website brandyourwalk.com which is operated by HELDER M. D. ALMEIDA (hereinafter also referred to as the “Proprietor”), better identified in 2.1 infra and can be visited by the public via the online address https://www.brandyourwalk.com.

The current Terms & Conditions also establish the rules and the privacy policy of the website brandyourwalk.com.

1.2 Following entering brandyourwalk.com, the respective user (hereinafter “User” and/or “Registered User”) agrees to respect and comply with these Terms & Conditions. If you do not wish to be bound to these Terms & Conditions, please refrain from using or ordering any purchases from the website; In the event of doubt, the Consumer may contact our Customer Support Service, by email to legal@brandyourwalk.com or request support via our chat service, if available.

1.3 Brandyourwalk.com is engaged in the online sale of footwear, hereinafter the “Products”, which are created step by step, exclusively by the user.

1.4 Brandyourwalk.com is a Global registered brand.

1.5 Brandyourwalk.com provides an unique and exclusive experience in building a product that is entirely created and tailor-made for you.

1.6 Brandyourwalk.com provides the user with a set of patterns preconceived by its designers, as well as patterns provided by several artists and other designers who chose brandyourwalk.com as the platform to disclose and promote their creations. All the patterns made available on our website for their creation are duly protected by domestic law and the applicable international conventions and the right to use them is limited to the creation of the product whose purchase is ordered.

1.7 When accessing brandyourwalk.com, users shall obtain a visual construction and creation experience, whereby tools and options shall be made available which allow the creation of an exclusive product made according to their choices.

1.8 They will also be able to create their own pattern, by means of drawings they make or photographs they provide. In this case, brandyourwalk.com informs that users are exclusively responsible for the use of those drawings/photographs and may be held liable for their undue use or misuse under the law.

1.9 Brandyourwalk.com reserves the right to refuse purchase orders for pieces created by users which ostensibly infringe uses and customs, fundamental rights and freedoms, as well as those that contain warlike, racist, or xenophobic messages or those that infringe rights to sexual or religious freedom and others.

2. CONTRACT OF SALE

2.1 Brandyourwalk.com is a registered brand operated by HELDER M. D. ALMEIDA, a private limited held company with legal and registered office at HELDER M. D. ALMEIDA, 3720-922 - PORTUGAL

2.2 When you acquire products from the website brandyourwalk.com, you are forming a business relationship with the entity identified in 2.1 and which is the holder of the brand (including the powers to represent and to charge payment) and will be responsible for the management of the business relationship with the person who acquires the Product (hereinafter the “Customer”). The sale of any Product made via the website brandyourwalk.com is considered, for all effects, a sale performed and concluded between HELDER M. D. ALMEIDA and the Customer.

2.3 Placement of order. In order to acquire the products/services provided at brandyourwalk.com, the Customer shall follow the online order procedure, using the different creative options made available or using their own creation.

2.3.1 In addition to the pre-contractual information established in these Terms & Conditions, the Customer is also provided with pre-contractual information regarding the Product(s)/Service(s) they elect to use (hereinafter “Information regarding the Product(s)/Service(s)”, namely:

a) Essential characteristics of the Product(s), including model, pattern, sole, lining, heel tab and tongue label as well as laces colors and feet size;

b) Total price, including, if applicable, tax payable and delivery charges to be borne by the Customer;

2.3.2 The Terms & Conditions can be consulted at all times during the placement of the order.

2.3.3 The Customer is only entitled to place an order at brandyourwalk.com if they comply with that required in 2.4 below and agree and accept the Terms & Conditions and the Privacy Policy, whereby, for that purpose, they are required to accept and check the field that establishes the following wording, or equivalent: “I hereby declare that I am fully aware that the purchase of Product(s)/Service(s) to be made via brandyourwalk.com is subject to the Terms & Conditions established above, which I have read, understand and accept”.

2.3.4 In order to conclude the placement of the order, the Customer must click the button “ORDER NOW”, thus acknowledging that the order placed, if accepted, implies a duty to perform payment for the Product(s)/Service(s) they have ordered and proceed to do so by means of one of the available payment methods, following the respective payment instructions.

2.3.5 The Information on the subject of the Product(s)/Service(s), the Terms & Conditions and the documents they refer to, including the Form for Free Withdrawal, are part of the Contract.

2.4 Confirmation of the order. After the correct order is sent to the email address provided by the Customer, as soon as possible and following confirmation and validation of the payment by the bank, an email will be sent containing confirmation of reception of the order and its acceptance (hereinafter the“Confirmation Email”), which provides, in addition to other information, the number allocated to the order, the order placement date, Information on the Product(s)/Service (s), the delivery address specified by the Customer, the type of delivery and the payment method selected. The Contract is considered entered into when the Confirmation Email is sent to the Customer. Receipt for payment, issued by HELDER M. D. ALMEIDA., is delivered in paper format with the Product; an electronic receipt of this payment receipt is also available to the Customer in the “customer area”. If the Customer requires a reissue of the payment receipt they should send their request directly to HELDER M. D. ALMEIDA, using the following email for that purpose: customercare@brandyourwalk.com.

2.5 Geographical restrictions. When you buy at brandyourwalk.com we will accept purchase orders for delivery to any Member-state of the European Union and other Countries (America, Europe, Africa, Asia and Oceania).

2.6 Legal age and capacity. Contracts shall only be entered into with brandyourwalk.com by adults or emancipated minors with full capacity to exercise their rights. The effectiveness of the Contract shall depend on the Customer’s declaration that they are lawfully entitled to execute contracts for the sale of Product(s)/Service(s), as well as on the truthfulness and accuracy of all the information that they provide.

2.7 Reserved Area. An account with a reserved area must be created by the Customer, a step which we suggest should be taken before the placement of the purchase order for Products/Services. Name, email and address are required in order to create this account. We can also create a reserved area account using your social network data, such as Facebook, or Google, for which purpose you the Customer can follow the instructions given to him.

3. ORDER CANCELLATION

3.1 An order placed for a Product/Service via brandyourwalk.com can be cancelled under one of the following circumstances:

a) Product is unavailable;

b) An order is not accepted by a seller due to the restrictions listed in 1.9;

c) The Customer does not pay the amounts owed under the terms of the Contract;

3.2 The cancellation of the order results in the automatic termination of the Contract.

3.3 The cancellation of the order is notified to the Customer by email sent to the address they provide, as quickly as possible and within a maximum of 30 (thirty) days counted from the date they send the Confirmation Email.

3.4 In the event of cancellation of an order for the reasons set forth in 3.1, paragraphs a) or b), the Customer shall be reimbursed of any payments they have made, including delivery costs, if the Customer has already paid for these. Reimbursement shall be performed without unjustified delay, at the latest within 14 days of the date on which the Confirmation Email was sent; that established in Clause 8.2 below shall apply, adjusted accordingly.

3.5 Without prejudice to that established in Clause 3.4 above, in the event of cancellation of the order and termination of the Contract, the Customer shall not be owed any sums, at any title, including payment of interest, indemnity or compensation.

4. PRODUCT RETAIL PRICE

4.1 The retail price of the Product/Service is determined automatically by brandyourwalk.com and can be freely amended at any moment; amendments to the retail price of a Product/Service shall not affect the order whose reception and acceptance has been confirmed to the Customer under the terms established in Clause 2.2 above.

4.2 Product retail prices on brandyourwalk.com include VAT at the applicable legal rate. Expenses with the delivery of the Product, if applicable, are added to its indicated retail price.

4.3 Product retail prices are set in Euros; any payments to be made by Customers outside the Eurozone (€) shall be performed in the currency of the country where the purchase is made.

4.4 Published product retail prices shall apply, unless an error has occurred and this error is detected by brandyourwalk.com until their delivery to the Customer. Under these circumstances, the Customer is immediately notified by email sent to the email address they provided. In the event of an error brandyourwalk.com is responsible for and if the price product/service is higher than what was effectively charged, the Customer is always guaranteed the lower price; in the event that the Customer was overcharged, they shall be reimbursed of all amounts paid in excess. Reimbursement shall be performed without unjustified delay, at the latest within 14 days of the date on which the price error is detected.

5. PAYMENT METHODS

5.1 Brandyourwalk.com offers its Customers the following payment methods: credit card (Visa, Mastercard, American Express), PayPal and Alipay. With regard to payments made by credit card, when the Customer clicks on the “Secure Payment” button, they acknowledge that they are the lawful holder of the credit card used to perform the payment and that they authorise the payment, in the manner presented by brandyourwalk.com.

5.2 Any payments made by the Customer shall be paid to a bank account held by HELDER M. D. ALMEIDA.

6. PAYMENT METHODS

6.1 Delivery options for orders and the respective delivery deadlines shall be provided during the Product order process and before their payment is made.

6.2 The available options may vary according to the destination for delivery of the Products.

6.3 Delivery deadlines shall be considered merely indicative, without prejudice to brandyourwalk.com making its best efforts to ensure such deadlines are effectively met. In any case, delivery of the Product(s) shall occur within 30 days counted from the date following the reception of the Order Confirmation email, except in the event of a force majeure situation.

6.4 It is also possible that an order containing more than one Product/Service may be delivered on different days.

6.5 The delivery of Product(s) is considered duly performed when a Customer or a third party they specify for that purpose has acquired physical possession or control over it.

7. TRANSFER OF PROPERTY AND RISK

7.1 Ownership of the Product(s) is transferred to the Customer when the Confirmation Email is sent; the Customer becomes responsible for loss or deterioration of the Product(s) after it is delivered, under the terms specified in Clause 6.5 above.

8. RIGHT OF WITHDRAWAL

8.1 Brandyourwalk.com provides Users with a unique and exclusive experience building an item that is entirely tailor-made and executed by them. Due to the fact that we create unique tailor-made items and, furthermore, considering that they were created especially by you and for you, we cannot accept returns, unless these tailor-made items are damaged or reveal defective when they are delivered to you at your delivery location. We only accept returns of pieces with manufacturing defects.

8.2 Under the terms of the applicable law, brandyourwalk.com reserves the right to refuse withdrawal from the contract, seeing that the Product(s) in question are supplied according to the Customer’s specifications or are manifestly tailor-made or if the Product(s) do not meet the conditions established in Clause 8.1 above. Under these circumstances, no reimbursement can be made and, if the Product(s) in question have been returned to brandyourwalk.com, the Customer is responsible for scheduling and collecting the product(s), according to the instructions received. If the Customer does not observe that indicated by brandyourwalk.com, the Product(s) in question shall be considered abandoned by the Customer and may be disposed of, whereby the Customer shall not be entitled to indemnity or compensation, at any title.

9. RETURNS & EXCHANGE POLICY

9.1 Returns – The Customer may return Products that are defective or different from what was ordered within 30 calendar days counted from the day on which that Customer, or a third party they indicate, other than the transporter, acquires physical possession or control of the Product(s).

9.1.1 “Defective product” means a product that does not comply with the Contract, under the acceptation established in Decree-Law no. 67/2003, of 8 April.

9.2 Returns Policy: The return of brandyourwalk.com products/services shall be performed by the person who personalised the product and made the purchase. Only products with manufacturing defects as specified in 9.1.1 above may be returned.

9.2.1 The return of defective products shall be subject to assessment performed by the brandyourwalk.com quality assurance services; the brandyourwalk.com services shall inform the Customer as to their decision to acknowledge the defect, or not, within ten calendar days following reception of the defective product.

9.2.2 If the product/service reveals a manufacturing defect or is manifestly different from the product whose order was placed, the consumer is given the choice of accepting the delivery of a new product or requesting reimbursement. Reimbursement shall be performed without unjustified delay, at the latest within 14 days of the date on which the Consumer communicates their decision.

9.3 Returns procedure: The products/items must be returned unused and undamaged, with all attached tags and in the original packaging; The product must be returned with original brandyourwalk.com boxes and bags, when provided, and placed inside an external protective box for transport. When trying out the product, take care not to mark the soles or damage the shoebox.

9.4 Returns that do not comply with our policy shall not be accepted.

10. WARRANTY

10.1 The Customer is entitled to warranty covering defects in the Product/Service acquired via brandyourwalk.com according to the law. Wear and tear occurring in the Product after its delivery is not considered a defect, under the terms established in Clause 6.5 above.

10.2 The warranty applicable to any Product/Service acquired via brandyourwalk.com is granted by the company that owns the brands and is responsible for the complaints filed by the Customer and for processing them.

10.3 In the event that the Customer considers that any Product/Service acquired is defective, they should inform brandyourwalk.com by means of the contact form available via this link or use the chat tool available at brandyourwalk.com. In the event of confirmation of the defect, the Customer is given the choices stated in 9.2.2 above.

10.4 Following confirmation of a Product defect by brandyourwalk.com, they shall contact the Customer so that they inform whether they intend to exchange the product for another or the Product's reimbursement. If the Customer chooses to exchange the product for another, the new product shall be sent by the same means of delivery used for the initial delivery. If the Customer chooses to receive reimbursement, this shall be performed at the latest within 14 days of the date on which they communicate their decision under the terms specified in 9.2.2.

11. PRODUCT INFORMATION

11.1 Brandyourwalk.com makes every effort to ensure that the information regarding the Products on offer in its website (hereinafter “Information”) is complete, precise and accurate. The Information is obtained through the elements provided by the quality control services of each brand.

11.2 The website uses high quality images of the Products in order to achieve the most faithful possible reproduction of each item in as far as concerns patterns initially made available under the terms specified in 1.6 above. However, Users may find differences in the Products, particularly because colour configurations of the device used to access the website may diverge from the true colours of the Products. Brandyourwalk.com shall not be liable for any losses suffered by the Customer by virtue of the discrepancies found between the Products, their photographic images or the designs and patterns, when supplied by Users.

12. PERSONAL DATA

12.1 The personal data of Customers collected by brandyourwalk.com shall be processed in strict compliance with applicable law.

12.2 Since it is our intention that the Customer should be aware of the general data privacy and processing rules according to which brandyourwalk.com collects and processes data within the scope of the Contract, our Privacy Policy is an integral part of these Terms & Conditions, which includes the rules applicable to the use of cookies and information storage and access mechanisms and can be consulted on this page. Please read our Privacy Policy carefully before making any purchases through our website available at brandyourwalk.com.

13. INTELLECTUAL PROPERTY

13.1 The Customer declares that, except for the patterns, designs, photographs and images initially made available by brandyourwalk.com, all other contents, designs, photographs, know-how, domain names, commercial names, logos, brands, drawings and models and other intellectual property rights, registered or otherwise, existing or used are of their exclusive responsibility.

14. FORCE MAJEURE

14.1 Brandyourwalk.com and the Customer shall not be liable for the non-performance of their duties, if such non-performance is caused by or results from a situation of force majeure as defined below.

14.2 “Force majeure” means an event that prevents either party from performing their duties, that is beyond their control and cannot be avoided by a party acting diligently, such as:

a) Acts of war or terrorism, revolutions, riots, blockades, civil insurrection or uprisings;

b) Acts of sabotage and vandalism;

c) Earthquake, typhoon, tornadoes and hurricanes, storms, fires, flooding or other extreme climate or environmental conditions, meteorites, shock waves caused by airborne devices, explosions, chemical or radioactive contamination;

d) Any act by a public authority (legislative, administrative, judicial or other), as long as it cannot be ascribed to the party at fault;

e) Any other event that the parties acknowledge and agree constitutes a force majeure situation.

14.3 The party at fault shall immediately inform the innocent party about the occurrence of the force majeure event, providing reasonable evidence of the occurrence, and shall adopt all appropriate measures to limit or restrict the adverse effects of the force majeure situation.

15. APPLICABLE LAW & VENUE

15.1 The contract relationship between brandyourwalk.com and the Customer shall be governed by Portuguese law and any disputes arising therefrom shall be submitted to the jurisdiction of the Portuguese Courts.

16. FINAL PROVISIONS

16.1 The headings of each clauses or paragraph were included only for informative purposes and shall not affect the interpretation of the Terms & Conditions.

16.2 Terms and expressions defined in the singular or plural, respectively, shall encompass their meaning in the plural or singular form, without altering their sense.

16.3 If any of the provisions in the Terms & Conditions are declared totally or partially null and void or, in any way, invalid, ineffective or inapplicable, this shall not affect the validity of the other provisions herein or the subsistence of the contract relationship between the parties.