Terms and Conditions
2. Information About Us
www.shoeply.eu is operated by Overcube S.A., based in Rua Abílio Lopes das Neves, n.º 593, Guimarães, Portugal, with the share capital of €500.000,00, registered in Conservatória do Registo Comercial, with the Portuguese VAT number 514510781. Shoeply’s email address is firstname.lastname@example.org.
For the purpose of these GTC, the following terms shall have the meaning assigned to them below:
3.1. “User” someone who uses Website and has not yet registered as a Member.
3.2. “Member(s)” is/are any legal or natural person who has concluded an agreement regarding the use of the Platform with Shoeply and have an Account or Showroom Access.
3.3. “Account” shall mean any retailer or brand that uses the Platform and includes all information visible on the Profile belonging to such Account.
3.4. “Retailer” are Members who registered as a buyer or have requested access to one or more showrooms and these requests were accepted (i.e. chose an Account which enables them to make request orders on the Platform).
3.5. “Brand” are Members who work directly with Shoeply and offer/sell their products on the platform.
3.6. “Retailer Account” shall mean a retailer Member’s technical and legal access to the Platform and/or showrooms and will allow the Retailer to access all the brands available, check their online catalogs (if access request is accepted) and place order requests all within one website.
3.7. “Order Request” means that the retailer has chosen the products and has proceeded with the order so that it can be approved by the brand.
3.8. “Showroom Request” means that the retailer has requested access to a certain showroom
3.10. “Profile” is the information connected to an Account.
4.3. The following terms and conditions apply between Shoeply and Members relating to all services provided by Shoeply to Members on the Platform. By applying to the Platform, the Member accepts these terms and conditions for the use. In these GTC, words in the singular include the plural and vice versa.
4.4. Upon entering into an Account agreement for the use of the Platform with Shoeply, Retailers can request showroom access and only after the request being accepted by the Brand may the Retailer see the products in the specific showroom. Brands can display their products and allow Retailers to see the offered Brands per season, from the showroom Retailers will then be able to make order requests.
4.5 The Shoeply service consists in displaying footwear (by brand and season) offered by Brands making them available for Retailers to buy. Each brand can set their own order conditions, such minimum quantities, payments forms and shipping. All order conditions will be discussed and dealt directly with the retailer.
4.6. Payments - brands can ask for 30% prepayment before confirming the order request.
4.7. Shoeply stands for the Brands and Retailers (representing them and charging on their behalf) and will be responsible for managing the relationship with both. All website sales are considered celebrated between the Brand and the Retailer.
4.8. Terms and conditions deviating from these terms and conditions shall only apply if these are confirmed by Shoeply in writing.
5. Service Availability
Some restrictions are placed on the extent to which We accept orders from specific countries.
6. Eligibility for an Account
6.1. The Platform is generally only available to Users who act in execution of their commercial or independent business activity. Notwithstanding the previous sentence, Individual Buyers, who are employees and use the Platform as a tool to perform their duties under their employment agreements, may register on the Platform, even if they are considered a consumer under statutory law.
6.2. Retailers may only have an account or showroom access if they are a verified footwear Retailer. Account or showroom requests that do not meet the above requirements will be denied by SHOEPLY or by the brand.
6.3. Retailers can apply for an account or showroom access with their personal and company’s details. The account request will then be sent to Shoeply for approval, this may take up to 72 hours. Once the account or showroom request has been created successfully, we will send the Retailer an automatic email confirming it.
6.4. Retailers can apply for showroom access by clicking on “APPLY NOW” after entering the showroom they want to have access to.
7. Cancel Retailer Account
7.1. If a retailer decides to cancel their account with Shoeply, they should take into consideration, that the account will only be cancelled if:
- there is no order being processed or in production;
- there is no order being shipped;
- payment has been completely paid and closed.
If the retailer is not in one of the above situations, they should send us an email to email@example.com and let us know about the intention to cancel the Shoeply account.
8. Order Requests
8.1. All orders must contain the minimum quantity of each product defined by the brand. If the minimum quantity is not met with the order request, the Brand will contact the Retailer in order to cancel or make changes to the order request.
8.1.1. For products with minimum quantities set by the brand, these will have to be met in order to proceed to checkout.
8.2. The brand provides the date that product will be available for delivery and the Retailer can choose different dates for delivery for each product variant or one delivery date for all products they add to the cart.
8.3. All orders placed are accepted or not by the brand and require a 30% prepayment before the brand sends out the goods, unless stated and proposed otherwise by the brand. The retailer has the right to choose whether they accept the conditions proposed by the brand.
9.1 The prices are set by the Partners and they can be altered at any time; these changes will not affect orders that are already being processed
10. Product Delivery
20.1. Each Brand has their own shipping methods.
11.1. Retailers are able to return defective or incorrect Items within 14 days, counting from the first day after their delivery without any need of explanation and without any costs, besides the ones established in section 11.1.2.
11.1.2. Retailers will be fully refunded,, in a maximum time of 14 days, counting from the date when the Brand receives the Items back and confirms what has been discussed in section 11.1.3. The refund will be processed to the same payment method that the Retailers used to pay the order.
11.1.3. Retailers can return items as long as the Items are unworn, unwashed, undamaged, with all brand tags attached and the original packaging included, which shouldn’t be damaged or altered, besides what is considered normal for its opening.
11.1.4. A defective Item is an Item that doesn’t fulfill the Contract terms, according to the law in force.
11.2. Any return request will be considered only for Free Withdrawal Right, defective items, or unmatch of ordered goods and prior authorization; All requests must be made first reported by email to firstname.lastname@example.org and photos must be sent as evidence (when items are defective or unmatch the ordered goods);
12. Property and Risk Transfer
12.1 The Item will no longer belong to the Brand, but to the Retailer, once the Order confirmation email is sent; the Retailer will be responsible for the Item and what happens with it, from the delivery moment.
13. Accounts and confidentiality of log-in-data
13.1. All log-ins are individualised and may only be used by the respective authorised Member. The Member is obliged to keep the log-in data strictly confidential and to protect them from unauthorised access by third parties.
13.2. The Member shall inform Shoeply without delay of any suspected unauthorised use of the log-in data. Shoeply reserves the right to change a Member’s log-in data and/or to deactivate an Account, if there are indications for an unauthorised access by third parties.
14. Use of the Platform
The Member may use the following functions of the Platform:
14.1. The Platform’s allow to Brands to share their products in the virtual showroom on the Platform and define minimum quantities for each product/product variant, price, shipping and payment conditions. Shoeply offers the possibility to sell products to multiple retailers on just one website. However, an order must be placed for each brand/season (showroom).
14.2. Retailers can search products filtered by different criteria such gender, line and model.
14.3. The Platform allows Retailers to view all available Brands and season. After applying to a showroom and being accepted, the retailer also has access to their information and catalogues. Shoeply allows retailers to place order requests for multiple brands on just one website. However, an order must be placed for each brand/season (showroom).
14.4. Members are aware that the information provided on the Platform, e.g. information added to their Profiles and the virtual showroom are accessible to other Members of the Platform. By adding such information to the Platform, the Member makes available such information to other Members of the Platform.
14.5. Shoeply reserves the right to change, amend or extend the content or structure of the Website as well as the corresponding user interfaces, provided that the fulfilment of the purpose of the contract concluded with the Member is not or not considerably affected as a result.
15. Brands and Retailers Obligations and License
15.1. Brands obligations are to:
a. Keep information up-to-date with Shoeply;
b. Create product taxonomy with the correct and current information about the products that will be available on the platform;
c. Keep prices and stocks updated;
d. Accept order requests or propose new payment conditions within the stipulated deadlines (72 hours);
e. Ship orders on the date requested by the Retailer;
15.2 Retailers obligations are to:
a. Keep your information correctly updated on the platform;
b. Meet order payment deadlines;
15.3. Brands and Retailers shall be obliged to:
a. Implement and maintain regular data backups of information which is of commercial and/or legal importance for the Member during the entire term of the contract;
b. Ensure the careful handling of log-in information and ensure that no unauthorized person gains access to the log-in information;
c. Cooperate with Shoeply, to the extent necessary to investigate and prevent unauthorized access to the Platform;
d. Use the Platform exclusively for the purpose to enable a connection between Members (Brands and Retailers) for commercial purposes.
15.4. Members shall ensure that the information and data published or uploaded by it on the Platform does not contain any malware such as trojans, viruses and similar software. The Member is obliged to compensate Shoeply for any damages and to hold Shoeply harmless from any third party claims resulting from the non-compliance with these obligations.
15.5. However, Members are aware that Shoeply cannot prevent other Members of the Platform from sharing such content with third parties.
16. Amendment of the Terms and Conditions for Use
17. Intellectual Property
18. Force Majeure
18.1 Shoeply, the Retailers nor the Brands will be responsible for carrying out their obligations to the Contract, when the Contract is broken for any force majeure, as described below:
18.2 “Force Majeure” is an event that stops any of the parties to fulfill their part of the Contract, and that is not controlled by any of them, such as:
a. Acts of war or terrorism, rebellions, riots, blockings, uprisings and civil commotion;
b. Acts of sabotage or vandalism;
c. Earthquakes, hurricanes, tornadoes and cyclones, storms, fires, floods or other climate/environmental extreme conditions, meteorites, shock waves caused by aerial devices, explosions, chemical or radioactive contamination;
d.Acts of public authority (legal, governmental or other) as long as it’s not the defaulting party’s fault;
e. Any other event that all parties agree that is force majeure.
18.3 The defaulting party must immediately notify the non-defaulting party of the force majeure event, providing reasonable proof of what happened and take all the necessary measures to limit or restrain the impact of this force majeure.
19. Applicable law and competent court
19.1 The contractual relationship between Shoeply and the Retailers and the contractual relationship between the Shoeply and the Brands are under the Portuguese law and the Portuguese Court Jurisdiction.
20. Suggestions, complaints and alternative consumer dispute resolution
20.1 When the Member wishes to present a suggestion or complaint related to the services or products of the Website, they should send us an email to email@example.com.
20.2 In cases of dispute when none of the parties reached an agreement, Brands and Retailers, as consumers, can always appeal to the European online platform for settlement of disputes in https://ec.europa.eu/consumers/odr
For any questions regarding the Terms of Service contact our support at firstname.lastname@example.org.