Terms and Conditions of the D'Ornellas Boots Online Store
1. Scope and Purpose of the General Terms and Conditions of the Store
These General Terms and Conditions, together with the order form and other elements referred to herein, are intended to regulate the terms and conditions governing the D'Ornellas Boots Online Store.
The Service consists of providing access, through the address www.dornellasboots.com, to the Online Store which, in addition to providing information relating to a range of products and/or services, allows the User to order the products advertised therein electronically, under the terms and conditions described herein.
Product orders must be placed by Users aged 18 (eighteen) years or older (individuals under this age must have authorization from their legal representatives). The elements and information transmitted by the User will have full legal effect, with the User acknowledging electronic purchases and not being able to claim lack of signature to avoid fulfilling the obligations assumed.
2. Product Information and Contents
D'Ornellas Boots will make every effort to ensure that the information presented does not contain typographical errors, and any errors will be corrected as soon as they occur. If you purchase a product that has different characteristics from those presented online, you have the right to return the product under the applicable legal terms (right of withdrawal – see point 7).
D'Ornellas Boots will make every effort to send all ordered products, but it is possible that, in certain cases and due to causes difficult to control by D'Ornellas Boots, such as human error or incidents in computer systems, it may not be possible to provide some of the products ordered by the User. If any product is unavailable after the order has been placed, you will be notified by email or telephone. At that time, you will be given the option to cancel the order with a full refund, if you have already made the payment.
All information regarding prices, products, specifications, promotional offers, and services is subject to change at any time by D'Ornellas Boots.
3. Responsibilities
3.1 All products and services sold in the D'Ornellas Boots Online Store comply with Portuguese law.
3.2 The Store has adequate security levels; however, D'Ornellas Boots will not be liable for any losses suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software, or any computer viruses, or resulting from downloading infected files or files containing viruses or other properties that may affect the User's equipment. If, for any reason, access to the D'Ornellas Boots Online Store website is impossible, D'Ornellas Boots will not be liable for any resulting losses.
3.3 Data and information queries made within the scope of this Service are presumed to be made by the User, and D'Ornellas Boots declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 D'Ornellas Boots will not be liable for any losses or damages caused by misuse of the Service that are not directly attributable to it due to intent or gross negligence.
3.5 D'Ornellas Boots is not responsible for losses or damages arising from the non-performance or defective performance of the Service when such is not directly or indirectly attributable to it due to intent or gross negligence, and is not responsible in particular for (1) errors, omissions or other inaccuracies relating to the information made available through the Service; (2) damages caused by the User's or third parties' fault, including violations of intellectual property, (3) for non-compliance or defective compliance resulting from compliance with judicial or administrative decisions or (4) for non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unforeseeable nature, external to D'Ornellas Boots and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond the control of D'Ornellas Boots that prevent or hinder the fulfillment of the obligations assumed.
3.6. D'Ornellas Boots does not guarantee that:
The service should be provided uninterrupted, be secure, error-free, or function indefinitely;
The quality of any product, service, information, or any other material purchased or obtained through the Service meets any expectations the User may have regarding it;
Any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any data loss resulting from such operation.
No advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty not expressly stated in these General Terms and Conditions.
3.7. The User accepts that D'Ornellas Boots cannot in any way be held liable for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if the User has been previously advised of the possibility of such damages occurring), resulting from:
Regarding the use or inability to use the Service;
due to the difficulty of obtaining any substitute goods/services;
unauthorized access to or modification of personal databases.
4. Consumer Obligations
4.1. The user agrees to:
Provide correct personal data and addresses;
Do not use false identities;
Respect the imposed order limits.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the User is responsible, and D'Ornellas Boots declines any responsibility. In the event that the consumer violates any of these obligations, D'Ornellas Boots reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services simultaneously made available by D'Ornellas Boots to the same User; and also, to prevent the User from future accessing any or all services made available by D'Ornellas Boots.
4.3. The use of purchased products and services for commercial purposes, specifically for the resale of goods, is expressly prohibited.
5. Privacy and Protection of Personal Data
5.1. D'Ornellas Boots guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as mandatory are essential for the provision of the Service by D'Ornellas Boots. The omission or inaccuracy of the data provided by the User is their sole responsibility and may result in the refusal to provide the Service by D'Ornellas Boots.
5.3. The User's personal data will be processed and stored electronically and is intended to be used by D'Ornellas Boots within the scope of the commercial relationship with the User and, if authorized by the User, for sending electronic communications with the dissemination of promotions and new products.
5.4. Under applicable law, the User is guaranteed, at no additional cost, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to the use of the same for the purposes set out in the previous paragraph, and for this purpose should contact the entity responsible for processing personal data: D'Ornellas Boots.
5.5. The Internet is an open network, therefore the User's personal data, other personal information and all content hosted on the Service may be subject to attack by hackers, including the risk of being accessed and used by unauthorized third parties, and D'Ornellas Boots cannot be held responsible for such access and/or use.
6. Order cancellation
6.1 At the User's Request
The User may cancel their order by contacting D'Ornellas Boots by phone or email, quoting the order number. Cancellation will be accepted provided the order has not yet been processed. After processing, D'Ornellas Boots will attempt delivery, but the User has the option to refuse it.
For cancellation purposes, the User must provide the following information to D'Ornellas Boots:
Order number
Name and delivery address used for the order.
6.2 By decision of D'Ornellas Boots
D'Ornellas Boots reserves the right not to process orders when it detects any inconsistency in the personal data provided or observes misconduct on the part of the buyer. D'Ornellas Boots reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these result from technical problems or errors beyond the control of D'Ornellas Boots.
7. Return
7.1 The consumer may exercise the right of return without being required to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods.
The consumer must, within 14 (fourteen) days from the date of receipt of the product(s), return it/them to D'Ornellas Boots in proper condition and without signs of use.
The packaging must be returned complete, as it was delivered, and accompanied by all the documentation received. The packaging and the product(s) must be sent free of charge to the sender's address.
If the User chooses other methods of return, the respective shipping costs will be their responsibility.
8. Intellectual Property
8.1. The D'Ornellas Boots Store is a registered website and the service provided by the website itself is the responsibility of D'Ornellas Boots.
8.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property rights, and other applicable legislation.
8.3. The User acknowledges that any content appearing in advertising, highlights, promotions or mentions of any sponsor or advertiser is protected by laws relating to copyright and related rights, industrial property laws and other property protection laws, and therefore any use of such content may only occur with the express authorization of the respective owners.
8.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, in particular by refraining from any acts that may violate the law or said rights, such as the reproduction, marketing, transmission or making available to the public of such content or any other unauthorized acts concerning the same content.
9. Service Safety Conditions
9.1. The User undertakes to comply with all applicable legal provisions, in particular, not to engage in or encourage the practice of illegal acts or acts offensive to public morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules for using the Service, under penalty of D'Ornellas Boots suspending or deactivating the Service in accordance with the provisions of point 14.
9.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by multiple users, and as such, subject to network congestion, therefore D'Ornellas Boots does not guarantee the provision of the Service without interruptions, loss of information or delays.
9.3. D'Ornellas Boots also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or force majeure (situations of an extraordinary or unforeseeable nature, external to D'Ornellas Boots and which cannot be controlled by it).
9.4. In the event of an interruption in the provision of the Service due to unforeseen overload of the systems on which it is based, D'Ornellas Boots undertakes to restore its operation as quickly as possible.
10. Suspension and deactivation of the Online Store Service
10.1. Regardless of any prior or subsequent communication, D'Ornellas Boots may, at any time and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
10.2. D'Ornellas Boots also reserves the right to suspend or terminate access to the Service immediately in the following cases:
When the User fails to comply with the terms of use referred to in point 4 and others referred to in the General Terms and Conditions;
10.3. The suspension or termination of the Service by D'Ornellas Boots, under the terms of the preceding paragraphs, does not entitle the User or third parties to any compensation or other redress, and D'Ornellas Boots cannot be held liable or in any way burdened for any consequence resulting from the suspension, annulment, or cancellation of the Service.
10.4. In the situations described above, D'Ornellas Boots will notify the User in advance so that they may, if they wish, safeguard the content of their order viewing area within 3 (three) working days from the date the email is sent or the information is made available on the Service's main page.
11. Communications
11.1. Without prejudice to other forms of communication provided for in these General Terms and Conditions, notifications to the User relating to the Service, including any changes to these General Terms and Conditions, may be made to the User's email address, by SMS or by telephone.
11.2. The User agrees to receive any and all communications and/or notifications related to the Online Store at the address, contact telephone number and/or email address indicated in the order process.
At any time, you may request not to receive these communications and/or notifications through the Contact Form or by selecting the "Unsubscribe from Newsletter" option included in each Newsletter.
12. Technical Changes
12.1. Whenever D'Ornellas Boots deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure the network settings.
12.2. Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, D'Ornellas Boots may alter its technical configurations whenever it deems it convenient to adapt it to any technological developments.
12.3. D'Ornellas Boots does not, however, guarantee the User any upgrades or improvements to the Service.
13. Complaints
13.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as file complaints with D'Ornellas Boots regarding acts and omissions that violate the legal provisions applicable to the purchase of goods.
13.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the date the User became aware of the facts, and will be registered in the D'Ornellas Boots information systems, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of its receipt.
14. Applicable Law
These terms are governed by Portuguese law.
Updated by D'Ornellas Boots on 2/09/2023
1. Scope and Purpose of the General Terms and Conditions of the Store
These General Terms and Conditions, together with the order form and other elements referred to herein, are intended to regulate the terms and conditions governing the D'Ornellas Boots Online Store.
The Service consists of providing access, through the address www.dornellasboots.com, to the Online Store which, in addition to providing information relating to a range of products and/or services, allows the User to order the products advertised therein electronically, under the terms and conditions described herein.
Product orders must be placed by Users aged 18 (eighteen) years or older (individuals under this age must have authorization from their legal representatives). The elements and information transmitted by the User will have full legal effect, with the User acknowledging electronic purchases and not being able to claim lack of signature to avoid fulfilling the obligations assumed.
2. Product Information and Contents
D'Ornellas Boots will make every effort to ensure that the information presented does not contain typographical errors, and any errors will be corrected as soon as they occur. If you purchase a product that has different characteristics from those presented online, you have the right to return the product under the applicable legal terms (right of withdrawal – see point 7).
D'Ornellas Boots will make every effort to send all ordered products, but it is possible that, in certain cases and due to causes difficult to control by D'Ornellas Boots, such as human error or incidents in computer systems, it may not be possible to provide some of the products ordered by the User. If any product is unavailable after the order has been placed, you will be notified by email or telephone. At that time, you will be given the option to cancel the order with a full refund, if you have already made the payment.
All information regarding prices, products, specifications, promotional offers, and services is subject to change at any time by D'Ornellas Boots.
3. Responsibilities
3.1 All products and services sold in the D'Ornellas Boots Online Store comply with Portuguese law.
3.2 The Store has adequate security levels; however, D'Ornellas Boots will not be liable for any losses suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software, or any computer viruses, or resulting from downloading infected files or files containing viruses or other properties that may affect the User's equipment. If, for any reason, access to the D'Ornellas Boots Online Store website is impossible, D'Ornellas Boots will not be liable for any resulting losses.
3.3 Data and information queries made within the scope of this Service are presumed to be made by the User, and D'Ornellas Boots declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 D'Ornellas Boots will not be liable for any losses or damages caused by misuse of the Service that are not directly attributable to it due to intent or gross negligence.
3.5 D'Ornellas Boots is not responsible for losses or damages arising from the non-performance or defective performance of the Service when such is not directly or indirectly attributable to it due to intent or gross negligence, and is not responsible in particular for (1) errors, omissions or other inaccuracies relating to the information made available through the Service; (2) damages caused by the User's or third parties' fault, including violations of intellectual property, (3) for non-compliance or defective compliance resulting from compliance with judicial or administrative decisions or (4) for non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unforeseeable nature, external to D'Ornellas Boots and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond the control of D'Ornellas Boots that prevent or hinder the fulfillment of the obligations assumed.
3.6. D'Ornellas Boots does not guarantee that:
The service should be provided uninterrupted, be secure, error-free, or function indefinitely;
The quality of any product, service, information, or any other material purchased or obtained through the Service meets any expectations the User may have regarding it;
Any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any data loss resulting from such operation.
No advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty not expressly stated in these General Terms and Conditions.
3.7. The User accepts that D'Ornellas Boots cannot in any way be held liable for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if the User has been previously advised of the possibility of such damages occurring), resulting from:
Regarding the use or inability to use the Service;
due to the difficulty of obtaining any substitute goods/services;
unauthorized access to or modification of personal databases.
4. Consumer Obligations
4.1. The user agrees to:
Provide correct personal data and addresses;
Do not use false identities;
Respect the imposed order limits.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the User is responsible, and D'Ornellas Boots declines any responsibility. In the event that the consumer violates any of these obligations, D'Ornellas Boots reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services simultaneously made available by D'Ornellas Boots to the same User; and also, to prevent the User from future accessing any or all services made available by D'Ornellas Boots.
4.3. The use of purchased products and services for commercial purposes, specifically for the resale of goods, is expressly prohibited.
5. Privacy and Protection of Personal Data
5.1. D'Ornellas Boots guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as mandatory are essential for the provision of the Service by D'Ornellas Boots. The omission or inaccuracy of the data provided by the User is their sole responsibility and may result in the refusal to provide the Service by D'Ornellas Boots.
5.3. The User's personal data will be processed and stored electronically and is intended to be used by D'Ornellas Boots within the scope of the commercial relationship with the User and, if authorized by the User, for sending electronic communications with the dissemination of promotions and new products.
5.4. Under applicable law, the User is guaranteed, at no additional cost, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to the use of the same for the purposes set out in the previous paragraph, and for this purpose should contact the entity responsible for processing personal data: D'Ornellas Boots.
5.5. The Internet is an open network, therefore the User's personal data, other personal information and all content hosted on the Service may be subject to attack by hackers, including the risk of being accessed and used by unauthorized third parties, and D'Ornellas Boots cannot be held responsible for such access and/or use.
6. Order cancellation
6.1 At the User's Request
The User may cancel their order by contacting D'Ornellas Boots by phone or email, quoting the order number. Cancellation will be accepted provided the order has not yet been processed. After processing, D'Ornellas Boots will attempt delivery, but the User has the option to refuse it.
For cancellation purposes, the User must provide the following information to D'Ornellas Boots:
Order number
Name and delivery address used for the order.
6.2 By decision of D'Ornellas Boots
D'Ornellas Boots reserves the right not to process orders when it detects any inconsistency in the personal data provided or observes misconduct on the part of the buyer. D'Ornellas Boots reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these result from technical problems or errors beyond the control of D'Ornellas Boots.
7. Return
7.1 The consumer may exercise the right of return without being required to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods.
The consumer must, within 14 (fourteen) days from the date of receipt of the product(s), return it/them to D'Ornellas Boots in proper condition and without signs of use.
The packaging must be returned complete, as it was delivered, and accompanied by all the documentation received. The packaging and the product(s) must be sent free of charge to the sender's address.
If the User chooses other methods of return, the respective shipping costs will be their responsibility.
8. Intellectual Property
8.1. The D'Ornellas Boots Store is a registered website and the service provided by the website itself is the responsibility of D'Ornellas Boots.
8.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property rights, and other applicable legislation.
8.3. The User acknowledges that any content appearing in advertising, highlights, promotions or mentions of any sponsor or advertiser is protected by laws relating to copyright and related rights, industrial property laws and other property protection laws, and therefore any use of such content may only occur with the express authorization of the respective owners.
8.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, in particular by refraining from any acts that may violate the law or said rights, such as the reproduction, marketing, transmission or making available to the public of such content or any other unauthorized acts concerning the same content.
9. Service Safety Conditions
9.1. The User undertakes to comply with all applicable legal provisions, in particular, not to engage in or encourage the practice of illegal acts or acts offensive to public morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules for using the Service, under penalty of D'Ornellas Boots suspending or deactivating the Service in accordance with the provisions of point 14.
9.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by multiple users, and as such, subject to network congestion, therefore D'Ornellas Boots does not guarantee the provision of the Service without interruptions, loss of information or delays.
9.3. D'Ornellas Boots also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or force majeure (situations of an extraordinary or unforeseeable nature, external to D'Ornellas Boots and which cannot be controlled by it).
9.4. In the event of an interruption in the provision of the Service due to unforeseen overload of the systems on which it is based, D'Ornellas Boots undertakes to restore its operation as quickly as possible.
10. Suspension and deactivation of the Online Store Service
10.1. Regardless of any prior or subsequent communication, D'Ornellas Boots may, at any time and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
10.2. D'Ornellas Boots also reserves the right to suspend or terminate access to the Service immediately in the following cases:
When the User fails to comply with the terms of use referred to in point 4 and others referred to in the General Terms and Conditions;
10.3. The suspension or termination of the Service by D'Ornellas Boots, under the terms of the preceding paragraphs, does not entitle the User or third parties to any compensation or other redress, and D'Ornellas Boots cannot be held liable or in any way burdened for any consequence resulting from the suspension, annulment, or cancellation of the Service.
10.4. In the situations described above, D'Ornellas Boots will notify the User in advance so that they may, if they wish, safeguard the content of their order viewing area within 3 (three) working days from the date the email is sent or the information is made available on the Service's main page.
11. Communications
11.1. Without prejudice to other forms of communication provided for in these General Terms and Conditions, notifications to the User relating to the Service, including any changes to these General Terms and Conditions, may be made to the User's email address, by SMS or by telephone.
11.2. The User agrees to receive any and all communications and/or notifications related to the Online Store at the address, contact telephone number and/or email address indicated in the order process.
At any time, you may request not to receive these communications and/or notifications through the Contact Form or by selecting the "Unsubscribe from Newsletter" option included in each Newsletter.
12. Technical Changes
12.1. Whenever D'Ornellas Boots deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure the network settings.
12.2. Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, D'Ornellas Boots may alter its technical configurations whenever it deems it convenient to adapt it to any technological developments.
12.3. D'Ornellas Boots does not, however, guarantee the User any upgrades or improvements to the Service.
13. Complaints
13.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as file complaints with D'Ornellas Boots regarding acts and omissions that violate the legal provisions applicable to the purchase of goods.
13.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the date the User became aware of the facts, and will be registered in the D'Ornellas Boots information systems, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of its receipt.
14. Applicable Law
These terms are governed by Portuguese law.
Updated by D'Ornellas Boots on 2/09/2023