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    Terms and Conditions

    The general terms and conditions will apply to all product sales by S.C. BOUTIQUE MALL S.R.L., through the zapatos.co.uk online store

    The law applied in this contract is that of the Romanian state.

    This section defines any contract under which the Seller, www.zapatos.co.uk, transfers or undertakes to transfer the ownership of some products to the consumer, and the consumer pays or undertakes to pay their price.

    Use of this site implies acceptance of the Terms and Conditions listed below.

    If you inform us, before the conclusion of the contract (verification of the order), that you request delivery before or on a specified date, this date being essential from your point of view, please do not place the order, Zapatos.co.uk not assuming responsibility for deliveries on fixed dates, but within the term set in this contract.

    By continuing to access the site by you, your express, explicit and knowing agreement to the acceptance of the contractual terms and conditions is shown, the contract producing binding effects on you.

    At the same time, by placing an order on this site, you explicitly acknowledge that this order implies a direct obligation to pay the seller zapatos.co.uk

    1. Preamble - Definitions and Terms

    Zapatos / Zappatos – is the commercial name of S.C. BOUTIQUE MALL S.R.L., legal entity of Romanian nationality, with registered office in Bucharest, Str. Dinu Vintila 11 E, with order number in the Trade Register J40/15220/2011, unique tax registration code RO29479700 (phone number: 021.555.90.90 (standard free number - according to the operator's tariff, e-mail address: info@zapatos.co.uk)

    Seller - Zapatos

    Buyer - natural or legal person or other entity that creates an account on the site and places an Order confirmed by the Seller.

    Client – can be any natural person (over 16 years old) or legal entity that accesses the CONTENT, through any means of communication made available by Zapatos.

    User – any natural person (over 16 years old) or legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site's specific clauses from the Terms and Conditions section.

    Account – the section of the Site consisting of an e-mail address (or mobile phone number) and a password that allows the Buyer to submit the Order and which contains information about the Customer/Buyer and the order history placed.

    My basket – section of the Account that allows the Buyer/User to add products he wants to purchase at the time of addition or at a later time; if the products are not purchased at the time of addition by placing the Order, the Buyer/User will benefit from the product tracking service offered by the Seller by receiving Commercial Communications from him.

    Site / Online Store – the electronic service provided by Zapatos, which is a sales platform that allows placing Orders by the Customer and concluding distance sales contracts with the Seller, as well as providing services by Zapatos, managed by Zapatos, constituting a set of interconnected websites, available at: www.zapatos.co.uk, and their subdomains.

    Order - an electronic document created as a form of communication between the Seller and the Buyer, through which the Buyer conveys to the Seller, through the Site, his intention to purchase Products from the Site.

    Product - mobile good, available on the Website / Online Store that is the subject of the Sales Contract between the Customer and the Seller through the Online Store, after payment of the Price. All Products presented in the Online store are new from the factory.

    Sale contract - distance sales contract, within the meaning of art. 2 point 7 of GEO 34/2014, through the Online Store, regarding the sale by the Seller to the Customer of the Products with payment of the Price plus any other additional costs, including shipping costs, the terms of which are specified in these Regulations. The sales contract is concluded between the Customer and the Seller through the means of distance communication, after the acceptance of the Order by the Seller in accordance with the principles established in these Regulations. The Sales Contract specifically names the Product, its main characteristics, Priceul, shipping costs and other relevant conditions. Each Product is the subject of a Sales Contract. The Seller can conclude a Sales Contract with a non-consumer customer and as a result of concluding a Contract without the procedure established in these Terms and Conditions, which will be confirmed by e-mail at the request of one of the parties to the contract.

    Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, product information similar or complementary to those you have purchased, information on Zapatos offers or promotions, information on Products added to the "My Cart" section as well as other commercial communications such as market research and opinion polls.

    Promotions – special sales conditions or the provision of services, regulated in the conditions expressed in the Online Store, proposed by the Seller or another relevant entity, about which the Customer will be informed as part of the Promotion , in a specified time, from which the Customer can benefit under the specified conditions, for example a reduction in the Price or delivery costs, within the limits of available stocks.

    Transaction – collection or reimbursement of an amount resulting from the sale of a Product by Zapatos, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.

    Specifications / Product details – all the specifications and/or descriptions of the Products as specified in their description.

    "PRP" (or referred to as "RRP", as the case may be) is a recommended resale price of the Product transmitted directly by the manufacturer, as well as, as the case may be, through the distributor, the supplier, the Seller , the Sale Price being set independently by the Seller, according to his own commercial policy. The sole purpose of this information is to support the Buyer/Client/User in the decision to purchase the Product. The Buyer/Client/User understands that the less obvious marking of this information is not of a nature to cause confusion and that, in making the decision to purchase the Good, the Buyer/Client/User must strictly consider the Selling Price communicated by the Seller and requested by him from the Buyer/Client/User for the sold product.

    "Cut Price" represents the reference price, respectively the lowest price applied by the Seller at least during the last 30 days before the date of applying the price reduction on the product. Under the law, the Cut Price can be maintained under the conditions of a successive, gradual reduction. The Cut Price is valid within the limit of the available stock of the Product.

    "Sales Price" represents the counter value of the Product, claimed and requested by the Seller, the Buyer/Client/User, highlighted accordingly on the product page of the Website. The price does not include delivery costs, unless the conditions of the Promotion used by the Online Store state otherwise. The seller can display distinctly, in a visible way, the value amount of the difference between the Sale Price and the PRP and/or the value or percentage difference between the Sale Price and the Cut Price. The Sale Price is valid within the limit of the available stock of the Good/Service.

    Working day- one of the days from Monday to Friday with the exception of public holidays, declared as days off.

    Newsletter- The Electronic Service, which allows all Customers who use it to receive periodic information from Zapatos or the Seller, in particular about Products, Online Store, including new products and promotions, at e-mail or telephone number provided by the Client, with the express consent of the Client. The terms of providing the Newsletter Services by Zapatos or the Seller are established in separate regulations, made available as part of the Online Store.

    2. Contract documents

    •  By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
    • The notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
    • For justified reasons, the Seller reserves the right to change the quantity of Products in the Order. If he changes the quantity of the Products in the Order, he will notify the Buyer at his e-mail address or phone numbermade available to the Seller when placing the Order and will return the amount paid.
    •   The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the notification of dispatch of the Order.
    •   The document and information made available by the Seller on the Site will form the basis of the Contract.

    3. Online Sales Policy

    • Access to place an Order is allowed to any User/Buyer.

    For justified reasons, Zapatos reserves the right to restrict the access of the User/Buyer in order to place an Order and/or to some of the accepted payment methods, if it considers that based on the conduct or activity of the User/Buyer on the Site , his actions could harm Zapatos in any way. In any of these cases, the User/Buyer can contact the Zapatos Customer Relations Department, to be informed about the reasons that led to the application of the aforementioned measures.

    • Communication with the Seller can be done through the addresses mentioned in the "contact" section of the Site. The seller has the freedom to manage the information received without having to provide justifications for this. The products sold through the website www.zapatos.co.uk are new and are accompanied by the invoice at the time of delivery tax, according to the legislation in force
    • All rates related to the Products presented on the Site are expressed in lei (RON) and include VAT.
    • The products are offered subject to compliance with the provisions of this contract and within the limits of the available stock.
    • For this reason Zapatos assumes the right not to honor a certain
      order if that product is no longer available in store stock, the remaining products prove to be non-compliant for delivery or for reasons independent of Zapatos
    •  In the case of online payments, the Seller is not and cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, if its issuing currency differs from RON. Responsibility for this action is borne solely by the Buyer.
    • The Buyer will also be required to pay all additional costs of
      transportation, delivery, postage or any other nature, to put you in possession of the products ordered, costs that are added to the price of the products ordered.
    • We reserve the right to change the price of the products presented on the site
      without prior notice. We assume responsibility that the value of the order placed by you will not change after confirming it by email to the address specified by you at registration.
    • We are not responsible for possible differences in color between
      displayed on your monitor and that of the product or discrepancies in what concerns the measure/dimension of the products, due to the particularities them.
    • The buyer expressly agrees that the use of this site and the purchase of the products is done at his own risk.

    4. Order

    4.1. The Buyer can place Orders on the website, by adding the desired Goods to the shopping cart, then completing the Order by committing to payment through one of the expressly indicated methods. Once added to the shopping cart, a Product is available for purchase subject to availability of stock. Adding a Product to the shopping cart, in the absence of completing the Order, does not entail the registration of an Order, implicitly neither does the automatic reservation of the Product.

    4.2. By completing the Order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the Order and agrees that the Seller can contact him, by any means available / agreed by the Seller, in any situation in which is necessary to contact the Buyer.

    4.3. The Seller can cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other party. If Zapatos confirms the order in full, this will imply full acceptance of the terms of the Order.

    4.4. The buyer has the right to withdraw from the Contract, respectively to return a Product, within 14 calendar days, without invoking any reason and without incurring costs other than those of delivery. Thus, according to GEO no. 34/2014,the period for returning a Good or canceling a Service expires within 14 days from:

    • the day the Buyer takes physical possession of the last Good - if the Buyer orders multiple products in one order that will be delivered separately
    • the day on which the Buyer takes physical possession of the last Good or the last part - in the case of the delivery of a product consisting of several lots or parts

    4.5. If the Buyer decides to withdraw from the Contract, he will be able to complete the return form online at https://zapatos.co.uk/returns-and-refunds.html

    4.6. If the Client/Buyer requests withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the respective product/order. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date of informing the Seller by the Buyer of his decision to withdraw from the Contract. The amount will be returned as follows:

    • for Orders paid by bank card - by refund to the account from which the payment was made or by generating a voucher with the value of the returned product;
    • for Orders paid with Op/iTransfer/ - by bank transfer or by generating a voucher with the value of the returned product;
    • for Orders paid for cash on delivery - by returning the value of the product to the bank account sent by the customer or by generating a voucher with the value of the returned product.

    4.7. The seller will be able to postpone the reimbursement of the amount until receiving the sold products.

    4.8. If the product is not returned in the initial condition in which it was shipped and thus the product can no longer be sold as new (open packaging, damaged, missing accessories, damaged product, product has been worn outside), we reserve the right to request a fee for returning the product to its initial state, as the case may be, or to cover the price difference resulting from the sale of the product as resealed or, at the Buyer's request, we will resend the product, the delivery costs being borne by the Buyer.

    Decreasing the value of returned products

    Since, in the case of distance sales, the Buyer does not have the opportunity to check the products before concluding the contract, he has the right to withdraw from the contract. For the same reason, the Buyer is allowed to test and verify the products he has purchased to the extent necessary to establish the nature, characteristics and mode of operation of the Goods.

    In order to determine the nature, characteristics and operation of the products, the Buyer must handle and inspect them in the same way as he would be allowed to do in an actual physical store. For example: The buyer only needs to try on an item of footwear inside, not wear it outside, on various occasions.

    The buyer is only responsible for the reduction in the value of the products resulting from manipulations other than those necessary to determine the nature, qualities and functioning of the products.

    If the Buyer exercises his right of withdrawal after using the products to an extent that exceeds the limit necessary to establish their nature, characteristics and mode of operation, respectively, the product has not only been tested, the Buyer is responsible for the decrease in the value of the products, considering that the company BOUTIQUE MALL S.R.L. sells only new products and cannot sell products that have been worn to another customer.

    Its original packaging is an integral part of the product. As a result, we recommend the Buyer, when exercising the right of withdrawal from the contract, to return it in the original undamaged packaging, protected by wrapping with stretch plastic packaging film or packed in a cardboard box (without labels stuck on it, without cuts, tears, etc. .) and together with all its accessories.

    Returned products that show signs of wear (stains, scratches, bends, cracks, bumps, etc.) are accepted for return only after bringing them into compliance, involving the costs of sanitizing, beautifying, repairing and bringing them to a commercial form for sale as Refurbished / Resealed product. The final value is determined according to the value of the reconditioning labor or as the difference between the initial value of the new product and the resale value of the used product. 

    Any decrease in the value of the products resulting from their handling other than those necessary to determine the nature, qualities and functioning of the Goods is the responsibility of the Buyer. pfor the sake of clarity, from the total price of the returned product, the Seller will retain an amount of money representing the decrease in the value of the product in a proportion of 5%-80% of the initial value of the product, as the case may be. The counter value of the reduction fee will be communicated to the Buyer upon receipt of the returned products, after an assessment of the reduction in value has been made.

    Products that have been worn, products that show signs of use, can no longer be put up for sale (they are scrapped), given that the company BOUTIQUE MALL S.R.L. sells only new products, so the amount returned as a result of the return can be reduced by 80%, and BOUTIQUE MALL S.R.L. will then return to the Buyer 20% of the amount paid with the title price.

    4.9. If a product ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and will return to the Buyer's account the counter value of the product, within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.

    4.10 Acceptance of the Order by Zapatos is considered complete when there is an electronic confirmation (via e-mail) from Zapatos to the Buyer that the Order has been verified and is about to enter the delivery process, without requiring a confirmation of receipt from the Buyer.

    4.11 This Agreement enters into force upon the final confirmation of the Order by Zapatos

    5. Legal guarantee of product conformity

    All products sold by our website benefit from compliance guarantee conditions according to the legislation in force. The compliance guarantee period offered by Zapatos (including for hidden defects) is the one stipulated by the legislation in the field, and the commercial guarantee granted is 30 days and is calculated from the date of delivery of the product.

    The products sold by BOUTIQUE MALL S.R.L. they are new and come from sources authorized by each individual manufacturer

    Conventional voluntary warranty can only be granted if the manufacturer offers such a commercial warranty.

    In no case, the rights of the consumer are not affected by the existence or non-existence of a conventional commercial guarantee.

    If you are a natural person, we remind you of your rights as a consumer provided for in Emergency Ordinance no. 140/2021 regarding certain aspects related to contracts for the sale of goods, as well as those provided by Directive 1999/44/EC, namely:

    ARTICLE 4 - Conformity of the goods "As the case may be, the seller has the obligation to deliver to the consumer goods that meet the requirements set out in art. 5-7, without prejudice to the provisions of art. 8.”

    ARTICLE 5 - Subjective compliance requirements "In order to be in compliance with the sales contract, the goods in particular meet the following conditions:

    a) comply with the description, type, quantity and quality and have the functionality, compatibility, interoperability and other characteristics provided for in the sales contract;
    b) correspond to the special purpose for which the consumer requests them, which the consumer has brought to the knowledge of the seller at the latest at the time of concluding the sales contract and which the seller accepted;
    c) are delivered together with all accessories and all instructions, including installation, provided in the sales contract;
    d) are provided with updates according to the provisions of the sales contract."

    ARTICLE 6 - Objective compliance requirements "(1) In addition to complying with the subjective compliance requirements provided for in art. 5, the goods meet the following conditions:

    a) correspond to the purposes for which goods of the same type would normally be used, taking into account, if applicable, the legal provisions in force, technical standards or, in the absence of such technical standards, of codes of conduct applicable in the field and specific to the sector;
    b) as appropriate, possess the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract;
    c) if applicable , are delivered together with accessories, including packaging, installation instructions or other instructions that the consumer can reasonably expect to receive; and
    d) comply with the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility and security, which are normal for goods of the same type and which the consumer can reasonably expect, given the nature goods and taking into account any declarationpublic statement made by the seller or on his behalf or by other persons located in the earlier stages of the chain of transactions, including by the manufacturer especially in advertisements or on the label.

    (2) The seller is not required to comply with public statements, in accordance with the provisions of para. (1) lit. d), if he demonstrates at least one of the following situations:
    a) he did not know and could not, reasonably, have known the public statement in question;
    b) until the moment of concluding the contract , the public statement has been rectified in the same way or in a way similar to the one in which it was made; or
    c) the decision to purchase the goods could not have been influenced by the public statement.

    (3) In the case of goods with digital elements, the seller shall ensure that the consumer is informed of updates and provided with updates, including security updates, which are necessary to maintain the conformity of those goods during one of the following periods:

    a) in which the consumer can reasonably expect it, taking into account the type and purpose of the goods and digital elements and taking into account the circumstances and nature of the contract, when the sales contract provides for a single provision of digital content or digital service;
    b) provided in art. 9 para. (3) and (4) in the event that the sales contract provides for the continuous supply of the digital content or digital service during a certain period.

    (4) If the consumer does not install, within a reasonable time, the updates provided in accordance with par. (3), the seller is not responsible for any non-conformity caused solely by the lack of the relevant update, with the following conditions:

    a) the seller informed the consumer about the availability of the update and the consequences of its non-installation by the consumer;
    b) the non-installation or incorrect installation of the update by the consumer was not caused by the existence of deficiencies in the instructions installation provided to the consumer.

    (5) It is not considered that there is a non-compliance according to the provisions of para. (1) or (3) if, at the time of concluding the sales contract, the consumer was explicitly informed that a certain characteristic of the goods does not correspond to the objective compliance requirements provided for in paragraph (1) or (3), and the consumer expressly and separately accepted this at the time of concluding the sales contract."

    6. Complaints

    All complaints will be made in writing or by phone, as soon as it is practically possible and in any case, within a maximum of 14 days from the receipt of the order by the Buyer by contacting Customer Relations, written via e-mail at the address info@zapatos.co.uk

    The complaint must be documented by providing all the relevant data regarding the invoked event. The complainant must provide Zapatos with the order/invoice number, the transport document (AWB), the reason for the complaint, photos (in the case of non-conforming/damaged products), the alleged causes of the complaint, the customer's claims.

    No complaint will be taken into account if the goods have been modified or tampered with in any way.

    The deadline for resolving the complaint will be a maximum of 10 days from the date of receipt of the package containing the complained product, for any other reason that exceeds the provisions of Emergency Ordinance no. 140/2021 regarding certain aspects related to contracts for the sale of goods, Ordinance no. 21/1992 regarding consumer protection and Emergency Ordinance no. 34/2014 regarding the rights of consumers in contracts concluded with professionals, as well as for the modification and completion of some normative acts.

    7. Data privacy and commercial communications

    Zapatos offers advice to individuals regarding the processing of personal data and the free movement of such data. We respect the confidentiality of customer data and undertake not to transmit their personal data to third parties and to use them exclusively for the purpose for which they were entered (making the order) and for commercial information regarding our activity.

    According to the requirements of Law no. 129/2018 for the amendment and completion of Law no. 102/2005 regarding the establishment, organization and operation of the National Supervisory Authority for the Processing of Personal Data as well as for the repeal of Law no. 677/2001 for the protection of individuals regarding the processing of personal data and the free movement of such data and Law no. 506/2004 regarding the processing of personal datanal and the protection of privacy in the electronic communications sector, Zapatos.co.uk has the obligation to manage in safe conditions and only for the specified purposes, the personal data that you provide us about yourself or another person.

    According to Law no. 129/2018, you benefit from the right of access, intervention on the data, the right not to be subject to an individual decision and the right to appeal to justice. At the same time, you have the right to object to the processing of personal data concerning you and to request the deletion of the data. To exercise these rights, you can send a written, dated and signed request by post to the address of our company.

    When the Account is created by the User, Zapatos can send him/her via e-mail and/or push notifications and/or text messages (sms) communications according to the Campaigns in force and information regarding the various functionalities of the Platform that may prove useful to the User .

    8. Data security and commercial communications

    Collected personal data will be used only for the stated purpose of this site.

    The information in the order form will be used to send you order confirmation, possible promotions, periodic newsletters, etc. only with the prior consent of the site user. We undertake not to make public or sell databases containing information about our customers' personal data.

    Zapatos.co.uk does not promote spam. Any user/client who has explicitly provided their email address on the site can opt to delete it. The communications made by zapatos.co.uk through electronic means of remote communication (i.e. e-mail) contain complete and compliant identification data of the sender or links to them, on the date of transmission of the content.

    9. Fraud

    Any attempt to access the personal data of another user, to modify the content of the Zapatos.co.uk site or to affect the performance of the server on which the Zapatos.co.uk site runs, will be considered attempted fraud and will be punished criminally according to the Romanian legislation in force by the competent authorities.

    10. Limitation of liability

    We will not be liable for: any kind of damage (direct, indirect, accidental or not) resulting from the use or inability to use the information presented on the site and any type of errors or omissions in the content that may lead to any kind of losses.

    Information may be reproduced by printing for personal use only.

    The information may not be reproduced, distributed or transmitted to another person or incorporated in any way into another document or material without the prior written permission of their authors.

    The Zapatos.co.uk website cannot be responsible for damages of any kind that the Buyer or any third party may suffer as a result of Zapatos.co.uk fulfilling any of its obligations under the Order and for damages resulting from use of the Goods after delivery and in particular for their loss.

    11. Force majeure

    Zapatos.co.uk reserves the right to delay or cancel deliveries of ordered products, if they cannot be honored for reasons beyond Zapatos' control, including: fires, explosions, floods, extreme weather conditions, epidemics, strikes, government actions, wars, acts of terrorism, protests, uprisings, civil unrest or other force majeure impediments according to the customs of Romanian law.

    If within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party will have the right to notify the other party of the full termination of the Contract without any of them being able to claim other damages to the other .

    12. disputes

    Any dispute arising between Users and Zapatos will be resolved amicably. In the event that it was not possible to settle the conflict amicably, the competence rests with the Romanian courts, the summons can be made at the Zappatos headquarters with the address: Str. Dinu Vintila 11 E, Sector 3, Bucharest, Romania