General Conditions of Use and Contracting

1. INTRODUCTION AND SCOPE OF APPLICATION

The general conditions of use and contracting (hereinafter referred to as “Conditions”) establish the conditions that regulate the use of the website www.stockkiller.com (hereinafter referred to as the Website) and any commercial transaction that is carried out through it.

The mere viewing or carrying out of any commercial transaction through the website determines acceptance of these Conditions by the Customer.

These Conditions are subject to modifications without prior notice, and modifications do not apply to ongoing transactions.

It is the Customer's responsibility to consult and read them periodically, as the conditions in force at the time of formalization of the relevant Contract or the conditions of use of this Website will be those applicable at any given time.

 

2. SUPPLIER INFORMATION

The website www.stockkiller.com is managed by Distra SA, which is the entity supplying the goods, with headquarters Avenida das Industras 63 2735-213 Alto do Colaride, registered at the Commercial Registry Office of Lisbon under number 510663222 with the main activity Footwear Trade and with the legal person number 510663222, from now on referred to as Distra.

Contacts with the domain owner may be established by:

By post: Av. das Indústrias 2735-213 Agualva – Cacém, Portugal

Telephone: +351 912 382 019

Email: info@stockkiller.com .

3. CUSTOMER AND USER OBLIGATIONS

Access to the Website can be made through simple viewing (User) or through access to the account created for this purpose (Customer Account).

Both the mere User and the Customer are obliged to:

• Use this Website only to make inquiries and make legally valid requests.
• Do not make false or fraudulent requests and refrain from introducing, storing or disseminating through the Website defamatory, obscene, xenophobic and/or any other content that constitutes a violation of current legislation and public order.

• To save and not disclose your password to enter the Website in order to prevent unauthorized third parties from accessing your account.
• Provide all requested personal and contact details accurately and truthfully, namely the email address, postal address and/or any other contact details, so that orders can be properly processed. The Customer or User accepts that Distra may use this information under the defined terms and conditions (see our Privacy and Data Protection Policy).

• Keep your personal and contact details provided up to date.

Distra reserves the right to delete the account of the Customer who engages in the conduct described above, and, if applicable, to report and hold the person responsible civilly and criminally liable.

Distra declines any responsibility for any delay or impossibility of processing the order resulting from error, inaccuracy, outdated or insufficient data communicated by the Customer.

When placing an order on this Website, the Customer declares that he or she is of legal age and is not prevented from entering into contracts of this nature.

4. PROCESSING OF PERSONAL DATA

The information or personal details provided by the Customer will be processed in accordance with current legislation and the Privacy and Data Protection Policy .

By using this Website, the Customer accepts the processing of the requested information and data and certifies the veracity and correctness of the information and details provided.

Using this Website and carrying out any commercial transaction through it implies acceptance of these Conditions and the Data Protection Policy.

If the Customer has any questions regarding the Conditions or Data Protection Policies, they can contact our services using the contact details provided.

5. SERVICE AVAILABILITY

Items available for sale through this Website can be delivered in Portugal (Continental and Autonomous Regions) and in any country in the European Union.

6. FORMALIZATION OF THE CONTRACT

Any commercial transaction carried out through this Website depends on confirmation of receipt of the order by Distra and express confirmation by the User or the Customer.

Failure to accept the order by Distra, for whatever reason, only determines the refund of amounts that have already been paid by the Customer.

To place an order, the Customer or User must follow the online purchasing procedure, from choosing the item (model, color and number) to choosing the method and authorization of payment and the method and place of shipping the order.

After completing this procedure, you will be sent an email to the contact provided confirming receipt of the order (the “Order Confirmation”) and sending the essential conditions of the contract, within 5 (five) days.

The conditions of the contract to be sent to the Customer or User include the following pre-contractual information:

1. Identity of the supplier, including the name, company or company name, the physical address where it is established, the telephone number and the email address, if any, in order to allow the consumer to contact and communicate quickly and effectively ;
2. When applicable, the physical address and identity of the professional acting on behalf of or on behalf of the supplier of goods or service provider;
3. The physical address of the professional's commercial establishment, if different from the address communicated under the terms of the previous paragraphs and, if applicable, the physical address of the professional on whose behalf he/she acts, where the consumer can lodge a complaint.
4. Essential characteristics of the good or service, to the extent appropriate to the support used and the good or service subject to the contract;
5. Total price of the good or service, including fees and taxes, additional transport charges, postal or delivery costs or any other charges that may apply;
6. The method of calculating the price, including everything that refers to any additional transport, delivery and postal charges, and any other costs, when the nature of the good or service does not allow calculation at a time prior to the conclusion of the contract;
7. Indication that additional transport, delivery and postal charges may be due, and any other costs, when such charges cannot be reasonably calculated before the conclusion of the contract;
8. The total price;
9. Methods of payment, delivery, execution, the deadline on which the professional undertakes to deliver the goods;
10. the existence of the right to freely terminate the contract, the respective deadline and the procedure for exercising the right, with delivery of the free termination form;
11. When applicable, the indication that the consumer bears the costs of returning the goods in the event of exercising the right of free resolution and the amount of these costs, if the goods, due to their nature, cannot be returned normally by regular mail;
12. The existence and term of the guarantee of conformity of digital goods, content or services, when the legal regime for the sale of consumer goods contained inDecree-Law no. o 84/2021, of October 18 ;
13. The existence and conditions of after-sales assistance, after-sales services and commercial guarantees when applicable;
14. The possibility of accessing an extrajudicial complaint and appeal mechanism to which the professional is linked and how to access this same mechanism, when applicable.

Pre-contractual information will be sent to the Customer or User by registered mail, unless the User requests alternative delivery by email.

The Customer or User must confirm the order by using a button identified as “Order with obligation to pay”. Only then will the contract be considered concluded.

This order will be handled by Distra and, if it is ready to be fulfilled, an email will be sent to the Customer confirming the shipment of the requested item (the “Shipping Confirmation”).

7. AVAILABILITY OF ARTICLES

All item orders are subject to availability, although Distra makes every effort to ensure that orders placed, at all times, can be fulfilled. All campaigns have limited and exclusive stock for online marketing.

If there is any temporary unavailability of the ordered product or if there is no item in stock, Distra reserves the right to propose to the Customer or User the supply of substitute items of similar or higher quality to complement their order, within the delivery period, which is estimated to be a maximum of 30 days.

If the Customer or User does not wish to order any of the replacement items, Distra will refund the amount paid corresponding to the unavailable items.

Delays in the dispatch of items, in relation to the estimated delivery dates presented, do not entitle the Customer or User to any compensation.

Delivery of selected items to replace those previously ordered will be delivered within a maximum estimated period of 30 days from the date of confirmation of acceptance of the replacement by the Customer or User.

8. REFUSAL TO PROCESS AN ORDER

Until Order Confirmation by the Customer or User, – Distra reserves the right to remove any article from this Website at any time, and to remove or modify any material or content therein. The Customer or User will be entitled to a refund of the entire amount already paid, if payment has already been made, or to an exchange of the item that has become unavailable.

The removal of any article, material or content from this Website does not entitle the Customer to any compensation.

9. DELIVERY

For the purposes of these Conditions, “delivery” is considered to have taken place or that the order has been “delivered” when the Customer, User or a third party indicated by them takes possession of the items, signing the Order receipt.

The estimated delivery time is 7 working days from Dispatch Confirmation for mainland Portugal, 10 working days for the Azores and Madeira and 20 working days for other locations in Europe.

Delays do not confer any right to compensation on the Customer or User.

10. IMPOSSIBILITY OF DELIVERY

If it is impossible to deliver an order for reasons attributable to the Customer or User, the order will be returned to Distra.

The Customer or User will be informed, through a written notification for this purpose, deposited at the contact address provided, of the method and place where they can proceed with the collection or request a new delivery of the order.

After 30 days of your order being made available for delivery, without this being completed for reasons not attributable to Distra or the partner chosen by it to transport and deliver the order, the contract will be automatically terminated, with all items being returned. payments received in connection therewith, .

Additional transportation and storage costs resulting from failure to collect the order by the Customer or User are their responsibility, and Distra is hereby expressly authorized to debit the Customer or User with the amounts that are due.

11. PURCHASE OF ITEMS WITHOUT A CUSTOMER ACCOUNT

To carry out a commercial transaction through this Website there is no obligation to create an account as a Customer, however, the entire procedure identified in the points above remains applicable, having the same rights and being subject to the same duties.

Upon completing the purchase process, you will be offered the opportunity to register as a Customer, or to continue as an unregistered User.

12. VALUE ADDED TAX (VAT)

Under current legislation, all purchases made through this Website are subject to Value Added Tax (VAT), except in the case of items to be delivered directly to customers residing in the Canary Islands, Ceuta and Melilla.

Therefore, and in accordance with Chapter I, Title V, of European Directive 2006/112/EC, of ​​28 November 2006, in the version currently in force, on the common value added tax system, the place of supply of the articles will be considered as belonging to the Member State of the delivery address of the articles, with the respective VAT being applied at the rate in force in the Member State in which the articles will be delivered, according to the order made.

In accordance with the legislation and regulations in force in each jurisdiction, the “reverse charge” rule (article 196 of the aforementioned Directive) will apply to articles supplied in some Member States of the European Union if the customer is or is required to be a tax payer for VAT purposes. In this case, VAT will not be applied, subject to confirmation by the recipient that the VAT corresponding to the items supplied will be the responsibility of the customer, in accordance with the “reverse charge” procedure.

13. PRICE AND PAYMENT

The price of the items will be as stipulated on the Website.

Despite efforts, some of the products may display an outdated price on the Website, which is why Distra checks prices every time it processes orders.

If an error is detected in the price of any of the items ordered by the Customer or User, they will be informed as soon as possible, giving them the option of confirming their order at the correct price, canceling it or replacement of the article in question.

If it is not possible to contact the Customer or User or it is not possible to obtain a response, the order will be cancelled, and the Customer or User will be refunded the amounts advanced when the order was confirmed.

Distra is not obliged to supply any item at the current lower price.

The prices indicated on the Website include VAT, at the legal rate in force for Mainland Portugal, on the date of Order Confirmation.

Transport and delivery costs for items are excluded from the price advertised on the Website. This cost will be added to the total order price and communicated to the Customer for verification and express acceptance. The costs of transport and delivery of the items are the sole responsibility of the Customer. By confirming the order, the Customer accepts the costs presented.

Information about costs can, at any time, be viewed in Customer Support – Shipping and Delivery.

Prices can be changed at any time. However, these changes will not affect orders for which an Order Confirmation has been issued.

For products sold through this Website, Bedivar accepts the following payment methods: Visa, Mastercard, gift card and ATM reference (ATM references issued are valid for 48 hours).

By “Authorize Payment”, the Customer confirms that the payment method used is theirs or that they are authorized to use it for that purchase.

Credit cards are subject to authorization by the card issuing entity. Distra cannot be held responsible for any delays or failure to deliver the order if payment is not authorized by the card issuing entity.

14. CANCELLATIONS, EXCHANGES AND RETURNS

The Customer may cancel the order until Shipment Confirmation, with the right to a refund of all amounts paid. Cancellation of the order can be done by contacting Distra in writing, using one of the contact details provided, using the form available here.

Upon receipt of the order, the Customer or User may exercise their right to rejection under the legally stipulated terms indicated below, namely in Decree-Law No. 24/2014, of February 14:

• 30 days have elapsed from the date on which the Customer or User, or a third party other than the carrier and indicated by the Customer, physically takes possession of the items;
• 30 days have elapsed from the date on which the Customer or User, or a third party other than the carrier and indicated by the Customer or User, physically takes possession of the last item included in the order, in the case of several items that form part of a single order but are delivered separately.

To exercise the right of withdrawal, the Customer or User must notify Distra by letter to the address Avenida das Indústrias, n.º 63, 2735-213 Agualva – Cacém, Portugal, or via our email info@stockkiller.com , of the decision to terminate the Contract, through an unequivocal statement.

Distra provides a copy of the form contained in Annexes A and B to Decree-Law no. 24/2014, of February 14, although its use is not mandatory.

In the event of termination of the contract by the Customer or User, they may choose to reimburse the amounts paid or purchase another item.

If choosing to purchase another item, the Customer or User must select an item of equal value. If this is not possible, if the selected item is of a higher value, the Customer or User will have to pay the difference. If the item is of lower value, the amount due will be refunded through a refund to the same payment method, and a voucher/credit or gift check may be issued if the Customer or User expressly authorizes it.

If a refund is chosen, Distra will refund the amount using the same payment method used by the Customer or User for the initial transaction or via bank transfer.

If the Customer or User expressly authorizes it, the refund may be made in the form of a voucher/credit or gift check.

In any case, the refund will be made, except for additional costs resulting from the choice by the Customer or User of a delivery method other than In-Store Collection – the lowest cost standard delivery type offered, without any unjustified delay and, in any case, within a maximum period of 14 days from the date on which Distra receives information about its decision to terminate the contract, in case the item has not yet been shipped, or the date of receipt of the returned item.

Distra may suspend the refund until the items are delivered in usable conditions, that is, in their original packaging and with all the elements included, without signs of use, accompanied by the respective proof of purchase or the original invoice.

The Customer or User must, within a maximum period of 30 days from the date of communication of the termination of this contract:

• Contact the Distra team via email at info@stockkiller.com , or via our contact form on the Website to request additional information on how to proceed with returning the purchased item.
• Deliver the goods by hand to a stockkiller store

The Customer or User will bear the costs of returning the items.

The Customer or User must accompany the product to be returned with all original, undamaged boxes, instructions/documents and packaging materials. Bedivar will inspect the returned product. Any product that is not in the same condition in which the Customer or User received it or that shows signs of use beyond the simple and careful opening of the packaging does not give the right to a refund.

The Customer or User will be responsible for any loss of value of the items resulting from their handling beyond what is necessary to verify their nature, characteristics and condition.

Within the same period for free resolution, the Customer or User may exchange the purchased item.

The Customer or User may exchange the item at a Stockkiller store in Portugal, or by sending it via CTT (subject to CTT tariffs). Items must be returned accompanied by proof of purchase or the invoice presented at the time of delivery of your order.

In the event of an exchange, Distra will send the new desired item at no additional cost.

Distra will only proceed with the exchange if the returned item is in usable condition, that is, in its original packaging and with all its components, without signs of use, accompanied by the corresponding proof of purchase or invoice. The replacement of the item will take place as soon as possible, and in any case, within 30 days from the date of sending the email confirming acceptance by Distra of the replacement requested by the User.

15. GUARANTEE OF GOODS

In accordance with the provisions of Decree-Law n.84/2021, of October 18, all items sold have a guarantee of conformity for a period of 3 years.

The lack of conformity that manifests itself within 2 years from the date of delivery of the good is presumed to exist on the date of delivery of the good; After this period, the consumer is responsible for proving that the lack of conformity existed on the date of delivery of the good.

If the item presents a defect, the Customer or User must communicate the situation to Distra, in writing, using the contact details indicated above.

Verification of compliance, for this purpose, will be carried out by Distra technicians who will inform the consumer of the result of the analysis.

In case of non-conformity of the good, and under the conditions set out here, the Customer or User has the right:

1. restoring conformity, through repair, whenever possible, or replacement, if replacement is not possible;
2. the proportional reduction in price;
3. to the termination of the contract, unless it is demonstrated that the non-compliance is minimal.

The Customer or User may choose between repairing or replacing the good, unless the chosen means of restoring conformity is impossible or, compared to the other means, imposes disproportionate costs on Distra, taking into account the circumstances, including:

1. the value that the goods would have if the lack of conformity had not occurred;
2. the relevance of the lack of conformity;
3. the possibility of resorting to an alternative means of restoring compliance without significant inconvenience to the Customer or User.

The amounts paid for items returned due to damage or defects, if any, will be refunded in full, including delivery costs related to sending the item and the costs of returning it. The refund will be made using the same payment method used for the original purchase or via bank transfer.

All rights recognized by current legislation are duly safeguarded.

16. RESPONSIBILITIES

All products sold on the Website comply with Portuguese legislation.

Distra declines any responsibility in case of violation of the legislation of the country where the order is delivered. It is up to the Customer or User to check with local authorities the specific conditions for importing or using the products they wish to order.

Distra is also not responsible for any losses resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to users.

17. INTELLECTUAL AND INDUSTRIAL PROPERTY

The texts, images, corporate names, brands, as well as any distinctive signs reproduced on the Website are protected by legislation regarding industrial property rights and copyright and related rights applicable in Portugal. The reproduction or representation of all or part of these distinctive signs is strictly prohibited and must be subject to prior written authorization from the respective owners.

The Customer or User must comply with these Conditions, and Distra will not be held responsible for the improper use of industrial property rights and copyrights or related rights of which it is not the holder.

18. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

It is not permitted to misuse this Website by intentionally introducing a virus, trojan, worm, logic bombs or any other software or technologically harmful or harmful material. The user must not attempt to access this Website, the server on which it is hosted, or any server, computer or database related to this Website in an unauthorized manner. The user undertakes not to attack this Website through any denial of service attack or denial of service distribution attack.

Any failure to comply with the provisions of this clause will be considered an infringement under the terms defined by applicable legislation. A – Distra will report any non-compliance with this regulation to the corresponding authorities, and will cooperate with them to determine the identity of the attacker. Likewise, in the event of non-compliance with this clause, authorization to use this Website will be immediately suspended.

Except as provided for in Data Protection regulations, Distra declines any responsibility for any damage or injury resulting from a denial of service attack, virus or any other harmful or technologically harmful software or material that may affect IT equipment, information or user materials as a result of using this Website, downloading content from it or from third-party websites to which the user is redirected by this Website.

19. LINKS

The Website has links to other websites and third-party content. These links are provided for informational purposes only, and Distra has no control over the content of these websites or content.
For this reason, Distra declines any responsibility for damages or injuries resulting from its use.

20. APPLICABLE LEGISLATION AND JURISDICTION

The use of this Website and contracts for the purchase of articles through it are governed by Portuguese legislation.

Any dispute arising from or relating to the use of this Website or transactions carried out through it is subject to the exclusive jurisdiction of the courts of Portugal.

21. ALTERNATIVE MEANS OF CONFLICT RESOLUTION

In accordance with EU Regulation No. 524/2013, the Customer has the right to attempt to resolve any dispute extrajudicially by accessing the electronic online dispute resolution platform, via the email address http://ec.europa . eu/consumers/odr/ .

In addition to this, the following arbitration centers are available in Portugal:

CNIACC – National Center for Information and Arbitration of Consumer Conflicts

Faculty of Law of the New University of Lisbon
Campolide Campus
1099-032 Lisbon
Tel.: 213 847 484
Email: cniacc@fd.unl.pt
Web: http://www.arbitragemdeconsumo.org

CIMAAL – Center for Information, Mediation and Arbitration of Consumer Conflicts in the Algarve

Ninho de Empresas Building, Estrada da Penha, 8005-131 Faro
Tel.: 289 823 135
Email: support@consumidoronline.pt; cimais@mail.telepac.pt
Web: http://www.consumidoronline.pt/

Consumer Dispute Arbitration Center of the District of Coimbra

Av. Fernão Magalhães, no. 240, 1st – 3000-172 COIMBRA
Tel.: 239 821 690
Email: geral@centrodearbitragemdecoimbra.com
Web: http://www.centrodearbitragemdecoimbra.com

Lisbon Consumer Dispute Arbitration Center

Rua dos Douradores, 116, 2º – 1100-207 LISBOA
Tel: 218 807 030
Email: juridico@centroarbitragemlisboa.pt / director@centroarbitragemlisboa.pt
Web: www.centroarbitragemlisboa.pt

Porto Consumer Information and Arbitration Center

Rua Damião de Góis, 31 – Store 6 – 4050-225 Porto
Tel.: 225 508 349
Email: cicap@mail.telepac.pt
web: www.cicap.pt

Vale do Ave Consumer Dispute Arbitration Center / Arbitration Court

Rua Capitão Alfredo Guimarães, n.º 1, 4800-019, Guimarães.
Tel.: 253 422 410
Email: triave@gmail.com
Web: www.triave.pt

Consumer Information, Mediation and Arbitration Center
(Consumer Arbitration Court)

BRAGA
Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé)
4700 – 030 BRAGA
Tel: 253 617 604
Email: geral@ciab.pt

VIANA DO CASTELO
Av Rocha Paris, nº 103 (Vila Rosa Building)
4900 – 394 VIANA DO CASTELO
Tel: 258 809 335
Email: ciab.viana@cm-viana-castelo.pt
Web: www.ciab.pt

Madeira Consumer Dispute Arbitration Center

Rua Direita no. 27 – 1st Floor – 9050-405 Funchal
Tel.: +351 291 750 330
Email: centroarbitragem.srias@madeira.gov.pt
Web: http://www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx

Arbitration Center of the Autonomous University of Lisbon (CAUAL)

Rua de Santa Marta no. 56 – 1st – 1169-023 Lisbon
Tel.: 213 177 603
Email: centrodearbitragem@autonoma.pt
Web: http://arbitragem.autonoma.pt/home.asp

22. COMMENTS AND SUGGESTIONS

Comments and suggestions can be made via the contact form.

______________________________

Online Complaints Book:

https://www.livroreclamacoes.pt/inicio