TERMS AND CONDITIONS
Last review – March 2021
These Terms and Conditions consist of the following sections:
- The Purchase Terms;
- Use of the Platform; and
- Miscellaneous, as well as policies, set of terms or documents to which a link has been provided herein (collectively “Terms & Conditions”).
If you place an order through rap.shoes, upon confirmation that such order is accepted a contract of sale will be executed between you and RAP Industrial, Lda under company number 506178374, with its registered office at Avenida do Brasil, 231, 3700- 070 São João da Madeira, Portugal and with VAT number PT506178374, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below.
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the Platform.
2.1 When Do These Purchase Terms Apply?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you order anything from our web page, or when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.
All Products shown on the Platform are subject to availability. This means that, although we strive to ensure our Platform reflects the availability of stock, a Product shown on the Platform may no longer be available for purchase.
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. RAP is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Platform.
Please note that in the case of limited edition or limited production Products extra restrictions such as limiting the number of such Products per consumer may apply. These extra restrictions will be made known to you via the Platform.
2.3 Requirements To Conclude A Contract With Rap
You have to be 16 years of age or older to buy Products via the Platform.
You can only order on the Platform if you are a consumer, not a reseller.
You guarantee that the information you provide to us in the request or order is accurate and complete.
2.4 How Is A Contract Concluded With You?
The following applies to all types of Products. All information on the Platform is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
- If Product(s) are shown on the Platform but are not or no longer available;
- If we are unable to obtain authorisation of your payment;
- If shipping restrictions apply to a Product;
- If Product(s) shown on the Platform contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;
- If we are unable to process your order due to technical reasons;
- If we know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section 2.4. under headings a through f above. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase.
2.5 Retention Of Title
All Products will remain the property of RAP until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.6 Maintenance Of Products
We are not liable for any damage resulting from incorrect handling of Products.
The stated prices include VAT. Prices are quoted in euro (EUR). RAP reserves the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We may charge delivery costs. The delivery costs may vary for each Product and type of delivery. Any delivery costs will be charged separately, itemised and added to the total amount of the order.
2.8 Methods Of Payment
Please check our Help and Support for information on payment.
RAP reserves the right to conduct an individual credit check for each order in accordance with the RAP Privacy Statement. Depending on the results of this check, RAP reserves the right to refuse certain methods of payment.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
We will deliver to the address indicated by you. We can only deliver to a home or office address or a carrier pickup location. We will confirm this to you by an email when informing you that the Products are ready for you to pick up. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also attempt to deliver the Products to a neighbouring/nearby address or pick-up point, after which RAP is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Therefore, please, take into account any public holidays including any national and/or regional holidays in your country of residence. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country, city and per year.
Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.
RAP is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.11 Returns And Withdrawal Policy
For practical information and the instructions for returning Standard Products please see the Returns & Claims section in our Help and Support.
The way to return your Products is to follow the steps in the Return section of the Help and Support section of Platform, because this both returns the Products and notifies us of your desire to withdraw from the contract of sale in one go.
The costs associated with a return can be found on theReturns & Claims section in our Help and Support.
Returns not made in accordance with the instructions set forth above shall be at your own risk and at your expense.
We shall notify you via email once we have received and processed the returned Product(s).
2.12 Statutory Right Of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period shall be fourteen (14)) days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Products, or, where your order contained multiple Products which will be delivered separately, delivery of the final Product(s) making up your order (“Withdrawal Period”).
To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.
You must send back or submit the Products immediately after, but in any event no later than fourteen (14) days from the date on which you inform us about the withdrawal from the contract of sale, in accordance with the Returns and Withdrawal Policy in section 2.11 and in suitable packaging. This deadline shall be deemed met if you send the Products before this deadline expires.
If you withdraw from a contract of sale during the Withdrawal Period in accordance with our Returns Policy Section 2.11 and this Section 2.12, we shall reimburse all payments we received from you excluding delivery and/or handling charges mentioned in our Returns & Claims section in our Help and Support. We may withhold reimbursement until we have received the returned Products, or until you have submitted proof that you have returned the Products, whichever comes earlier.
You may have to pay for any diminished value of Products if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the Products.
Exceptions to your right of withdrawal
You do not have a right of withdrawal, whether pursuant to Section 2.12 or Section 2.13, for contracts regarding the:
delivery of Products that are made to your own specifications or which are clearly tailored to your personal needs (Personalised Products); and/or
delivery of Products which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.
2.13 Voluntary Return Guarantee In Addition To Your Statutory Right Of Withdrawal
In addition and without prejudice to your right of withdrawal pursuant to Section 2.13 (and any other applicable statutory rights), we grant you an additional Voluntary Return Guarantee. This allows you to withdraw from the contract of sale, without specifying any reasons, for an additional 16 days beyond the Withdrawal Period, so a total return period of 30 days (“Voluntary Return Period”), as a contractual right of withdrawal with respect to a Standard Product.
We offer this Voluntary Return Guarantee during the Voluntary Return Period subject to the provisions of our Returns and Withdrawal Policy (Section 2.11) and the following conditions.
The Standard Product(s) must have not been used or damaged beyond normal inspection use and must be returned in its original packaging. Returns of clothing items can only be accepted if the original label has not been removed (none of the aforementioned affect your legal statutory rights as described above, in particular your warranty rights and your right of withdrawal pursuant to Section 2.11).
We must be in receipt of the Standard Product(s) you are returning prior to the end of the Voluntary Return Period.
We reserve the right to reject the return and shall not give any compensation under this Voluntary Return Guarantee for returned Standard Products that do not comply with these conditions.
If you withdraw from a contract of sale during the Voluntary Return Period, in accordance with our Returns Policy (Section 2.11) and this Section 2.13, we will reimburse the payments we received from you. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you;
2.14 Damaged Or Defective Products
For RAP, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. RAP has a legal obligation to make sure that our Products are conform to the contract of sale.
Returned Products are inspected by the RAP Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund Products:
- obtained from a source other than our website (rap.shoes);
- that have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp object, placed in the washing and / or drying machine, etc.); and/or
- that have been damaged by misuse or activities other than the intended purpose (e.g. use shoes for sports, hiking, etc.).
Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our Customer Service team is available to assist you. Please don’t hesitate to contact us with your questions and comments. Contact us via the mail [email protected]
3. USE OF THE PLATFORM
3.4 Copyright and ownership
All of the content featured or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together “Content”), is owned by RAP, its licensors, vendors, agents, and/or its Content providers.
You must not use the Platform or any Content other than for its intended purpose. Except where we tell you otherwise in the Platform, you may view, play, print, and download video found on the Platform for personal, informational, and non-commercial purposes only.
You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Platform.
You are responsible for complying with all laws which apply to you and your use of the Platform. The Platform, its Content, and all related rights shall remain the exclusive property of RAP or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Platform.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Platform or its content or circumvent the structure or presentation of the Platform or any of its content or (b) to interfere with the operation of the Platform or any transaction being made on the Platform or interfere or affect any person’s use of the Platform or to help facilitate any third party to purchase any product on the Platform.
You may not attempt to gain unauthorised access to any part or feature of the Platform or any system connected to the Platform by hacking, password mining or other illegitimate or unauthorised means.
Certain of the third party materials supplied by RAP for use with the Software are governed by open-source software license agreements supplied with such third party materials. RAP makes no claim of ownership of such open-source software, and such software is supplied solely in accordance with the license agreements accompanying such software. Accordingly, the restrictions above concerning scope of use, ownership, modification, and other provisions relating to the Software may not apply to such open-source software.
3.6 Accuracy of information
We attempt to ensure that information on the Platform is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
You must be 16 years of age or older to access or use the Platform.
3.8 Your provision of information
When you provide information about yourself to us or to other users of the Platform, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the Platform, and/or refuse any or all current or future use of the Platform or any portion thereof.
3.9 User-Provided Content
You understand that all information, data, or other materials that you and other users of Platform upload, post, transmit, publish, display, or otherwise make available through the Platform, including information you share with or make available to other users of the Platform (“User-Provided Content”), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Platform.
We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Furthermore, the User-Provided Content is for informational purposes only. You understand that by using the Platform, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable.
We are not responsible for any User-Provided Content, and will not be liable for any loss or damage caused by any User-Provided Content or your use of or reliance on it.
By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Platform, you agree that:
- you are the owner of all rights in such User-Provided Content;
- you have waived all “moral rights” that you may have in such User-Provided Content, including but not limited to the right to be identified as the author of such content ;
- you are at least 16 years old.
3.10 Your grant of license to RAP for User-Provided Content
By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the Platform.
We may modify or adapt User-Provided Content, including in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifier you provided when posting User-Provided Content. You promise that our publication and use of your User-Provided Content will not infringe the rights of any third party.
3.11 RAP’s discretion to use User-Provided Content
3.12 Your conduct
You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. In addition, you agree not to:
- upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is known by you to be false, inaccurate, or misleading;
- upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the Platform;
- upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
- upload, post, transmit, publish, display, or otherwise make available through the Platform any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, publish, display, or otherwise make available User-Provided Content provided by another user of the Platform (or an image or picture depicting such User-Provided Content) on any other website, mobile application, or online service without that user’s prior permission;
- upload, post, transmit, publish, display, or otherwise make available through the Platform any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- take any action that interferes with the proper working of the Platform, compromises the security of the Platform, or otherwise damages the Platform or any materials or information available through the Platform;
- attempt to gain unauthorized access to any portion or feature of the Platform, to any other systems or networks connected to the Platform, to any of our or our service providers’ servers, or to any of the services offered on or through the Platform, including but not limited to by hacking, password “mining”, or any other unauthorized means;
- probe, scan, or test the vulnerability of the Platform or any network connected to the Platform or bypass the authentication measures on the Platform or any network connected to the Platform;
- in accordance with Section 3.6, use any automated means to collect information or Content from or otherwise access the Platform, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
- harvest or otherwise collect and store information about other users of the Platform, including email addresses;
- install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
- interfere with or disrupt the operation of the Platform or server networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.
3.13 Links to websites and online services owned or controlled by third parties and third party attributions
For your convenience, the Platform may contain links to or at times redirect you to websites and/or online services owned or controlled by third parties. Also, at your request, the Platform may connect to social networking websites that are not owned or controlled by us.
These websites and online services are not under our control, and you accept that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services including their operation, or the content displayed on or through them. The inclusion of such a link on the Platform does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.
3.14 Registration and passwords
You may be permitted or required to register or obtain a login ID and password prior to being provided with access to certain pages in the Platform. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the Platform through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account as a result of your failing to take reasonable steps to keep your account information secure and confidential.
3.15 Operation of the Platform and termination of this agreement
3.16 Access to the Platform
Neither RAP, nor any of its respective affiliates guarantee that the functions contained in the Platform will be uninterrupted or error-free or that defects will be corrected.
We may suspend, withdraw, discontinue or change all or any part of the Platform without notice.
3.17 Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
The Platform is for domestic and private use. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3.18 Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
4.1 How Can You Contact Us?
If you have any questions or comments about the Platform or the RAP Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to contact our Customer Service via the mail [email protected] provided in the footer section of the Platform .
In case of contradiction between RAP Terms and Conditions and any content contained in other parts of the Platform or in links, RAP Terms and Conditions contained in this document prevail.
4.3 Amendments To Rap Terms And Conditions
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Platform as well as any purchase agreement executed between you and us, will be subject to the version of the RAP Terms and Conditions in force at the time you place the order through this Platform or the day you browse this Platform (as applicable).
Please check the RAP Terms and Conditions periodically for changes.
4.4 Data Protection
Each provision of the RAP Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these RAP Terms and Conditions.
4.6 Sub-contracting And Assignment
RAP reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under RAP terms and conditions provided that your rights under RAP terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the RAP terms and conditions without our consent in writing.
4.7 Events Beyond Reasonable Control
RAP will be not held responsible for any delay or failure to perform or comply with our obligations under the RAP terms and conditions when the delay or failure arises from any cause which is beyond RAP’ reasonable control.
4.8 Applicable Law And Jurisdiction
The RAP Terms and Conditions shall be governed by the Portuguese laws.