Terms and Conditions 

  1. PULSER Online Store General Conditions 

The following Terms and Conditions regulate the service provided by PULSER online store along with the order form and other specified elements. 

PULSER is registered as a collective person under VAT number 513094660. The brand head office is located on: 

Street: Rua do Salgueiral, no 55 Postcode: 4810-587, Serzedo City: Guimarães Country: Portugal 

The Service consists of providing information about products and/or services, through the online store www.pulsershoes.com. Users can purchase products online, following the conditions specified here. 

Only Users over 18 (eighteen) years old are authorized to place orders (underage individuals must have their representatives permission). The information provided will have juridic value, and Users must acknowledge their online acquisitions. 

  1. Product and Content Information 

PULSER will always make sure the information on the website is clear and correctly spelt. If a mistake occurs, we’ll try to correct it as soon as possible. If the product ordered doesn’t have the same features as the one online, the User has the right to revoke the contract with the applicable legal terms (free resolution right - see point 9). 

PULSER tries to send all the products ordered, but it’s possible that, in some cases, due to circumstances we can’t control, we’re unable to provide all products purchased. If an order is placed and a product is not available, the User will be informed by email or phone call. At that time, the User has the option to cancel the order and receive a refund. 

PULSER can change all the information related to prices, products, specifications, sales and services at any time. 

  1. Responsibilities 

3.1. All products and services provided by PULSER online store are complying with the Portuguese law. 

3.2. The online store has the required security levels, but PULSER won’t be responsible for any damages caused to the user or third parties in the event of communication delays, interruptions, errors and suspensions when these are caused by circumstances beyond our control. For example, communication faults caused by communication networks and services provided by third-party companies, modems, connection software or informatic virus due to malware downloads, or any other features that can cause harm to the user’s equipment. In case of an error accessing PULSER website and no services can be provided, PULSER will not be responsible for the user’s loss. 

3.3. Data and information consult for the use of this service are assumed to be carried out by the User. PULSER refuses any responsibility for abusive and fraudulent use of the information provided by the User. 

3.4. PULSER will not be responsible for any loss or damage caused by abusive use of this Service. 

3.5. PULSER is not responsible for any loss or damage caused by the non-compliance or faulty compliance of the service when this is not directly or indirectly credited to the brand. PULSER will not take responsibility for (i) error, omissions or other imprecisions in the information provided by the user; (ii) if damages caused by the user or third parties, including the violation of intellectual property; (iii) for the non-compliance or faulty compliance that results from complying with judicial or administrative authorities decisions or (iv) for the non-compliance or faulty compliance by reasons beyond our control like fires, power cuts, explosions, wars, riots, social rebellions, governmental decisions, strikes, earthquakes, floods or other natural catastrophes or any other fortuitous event that won't allow PULSER to fulfil the assumed obligations. 

PULSER doesn’t assure that: 

  1. i) The service is provided uninterruptedly, safely and without any issues; 
  2. ii) The quality of any product, service, information or any other material bought or obtained through the service matches the user’s expectations; 

iii) Any material acquired of any form via the service is at the user’s account and risk, being the only responsible for any damage caused to informatic equipment and system or any loss of data that results from that operation; 

  1. iv) Any verbal or written information received by the User through the Service will not ensure any guarantee if not mentioned in this Geral Conditions. 

3.7. The User accepts that PULSER is not responsible for any damage caused, including the loss of profits, data, contents or any other loss (even if PULSER was previously warned by the User about that possibility) in the result of: 

  1. i) The use or impossibility to use the service; 
  2. ii) The difficulty to obtain any replacement of goods/services; 

iii) The non-authorized access or modification to a personal database. 

  1. User’s Obligations 

4.1. The User compromises to: 

  1. i) Provide correct information: personal data and addresses; 
  2. ii) Not use false identities; 

iii) Respect the imposed order limits. 

4.2. If the information provided is incorrect or insufficient, and for that reason, a delay or impossibility of processing the order occurs, the User is the one responsible. PULSER declines any responsibility. If the User transgresses these obligations, PULSER reserves the right to eliminate future orders, block the access to the store, cancel all services and don’t allow the User’s future access to any services provided by PULSER. 

4.3. The use of the products and services acquired for commercial purposes is strictly forbidden, including the resale of the goods. 

  1. Personal Data Privacy and Protection 

5.1. PULSER guarantees the confidentiality of the information provided by the User. 

5.2. The required personal data fields in the order form are necessary for PULSER to provide the Service. The omission or inaccuracy of the supplied data is entirely the User’s fault and responsibility and PULSER can refuse to provide the Service. 

5.3. The User’s data is processed and stored electronically. PULSER uses the information according to the contractual and/or commercial relationship established with the User. 

5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their data, directly or upon written request, as well as the right to oppose their use for the purposes mentioned in the previous subheading. To do that, the User can contact the entity responsible for the personal data processing: PULSERSHOES.COM 

5.5. The Internet is an open network, so the User's data, other personal information and all the content stored in the Service may circulate on the network without security conditions, including the risk of being accessible and used by unauthorized third parties. PULSER is not responsible for such access and/or use. 

  1. Order Cancellation 

6.1. Requested by the User 

The user can request an order cancellation by calling or emailing PULSER referring the order number. The cancellation will be accepted as long as the order is not processed. After that, PULSER will try to deliver the parcel, but the User has the option to refuse it. 

To cancel an order, the User must provide the following information to PULSER: 

Order number VAT number and delivery address 

6.2. PULSER’s decision 

PULSER reserves the right not to process orders when inconsistencies in the personal information provided or suspicious of the User’s misconduct occur. PULSER reserves the right not to process an order or refund when technical problems or extraneous errors result in wrong values and/or product attributes. 

  1. Returns (Resolution Right) 

7.1. The User, being also the consumer, has the right to withdraw within 14 (fourteen) days, counting from the day of the goods physical receipt, without being required any compensation. 

To do that, the User can use the example below, filling in the identification information, the subscribed service that intends to resolve and the subscription date. The communication should be done by letter, through the return of the acquired product, or any other appropriate intermedium and susceptible of proof within the period defined above. 

The consumer must, within 14 (fourteen) days counting from the communication of the resolution date, return the goods to PULSER in the proper conditions of use. 

Free resolution form draft (the User should only fill it and send it in case of contract resolution) 

To [insert here the name, address and email]: 

I/We (*) write you to inform you that I/we (*) am/are (*) resolving my/our (*) contract of purchase and sale related to the following product/ for the supply of the following service (*) - Requested on (*)/ received on (*) - 

Name (s) of the consumer (s) - Consumer’s address - Consumer’s signature(s) (needed only if the form is sent by paper). 

(*) Cross what is not needed 

The parcel must be returned in full, as it was delivered, along with the documentation received: sales invoice and proof of delivery document. The parcel and the referred documents must be sent free of charge to the following address: 

Oxecode Shoes Company, S.A. 

Rua do Salgueiral, no 55, Serzedo 

4810-857 Guimarães 

If the User chooses a different return option, the shipment costs have to be supported by him. 

7.2. Once PULSER receives the return, the amount paid for the order (value on the sales invoice) is refunded to the User. If the User used a promotional code, that value is not reimbursed. The refund is only made for the amount paid. 

7.3. The refund method depends on how the User paid for the order. When the payment was made using a Credit Card, PayPal, Ifthenpay or Hipay, the amount is credit back to the User’s account. In the remaining cases, when the account number information is provided, the refund is made to that bank account. Otherwise, the reimburse is made by cheque to the billing address. The refund can take up to 14 days after the receipt of the contract resolution and the products. 

7.4 If any parts are missing on the sold items or, if any of them is not in excellent condition, the postage cost will not be refunded, and the product will be resent to the address of the initial shipment. 

  1. Manufacturing Defect 

8.1. In case of “manufacturing defect” - when an item is faulty - the User has to return the item, along with the invoice and the return form “Request for exchange/Return” filled in, within 30 consecutive days counting from the invoice date, for the following address: 

Oxecode Shoes Company, S.A. 

Rua do Salgueiral, no 55, Serzedo 

4810-857 Guimarães 

If the User chooses a different return option, the shipment costs have to be supported by him. 

8.2. For the product to be exchanged, the User must ensure the package is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all the items that are part of it in excellent condition. 

8.3. In the absence of any of the elements mentioned above, or if any of the components are not in excellent condition, there will be no exchange, and the product will be sent back to the User. 

  1. Warranty 

9.1. All equipment available in the Store is duly certified by the competent international entities. 

9.2. The equipment and accessories have a warranty period defined by the manufacturer, which, under legal terms, is at least 2 (two) years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the warranty certificate and / or proof of purchase (invoice) correctly filled. 

9.3. PULSER considers not covered by the warranty conditions equipment that has expired the period established by the manufacturer and equipment that shows abnormal wear, disregard or accidents, mishandling, humidity/liquids infiltration, use of non-original accessories and technical interventions from non-authorized personnel. 

9.4. If the product is damaged and it is covered by the warranty, the User can take it to the brand technical assistance centre along with the proof of purchase and/or warranty document. 

9.5. The damaged products covered by the warranty must be sent, with the respective proof of purchase and / or warranty, to the following address: 

Oxecode Shoes Company, S.A. 

Rua do Salgueiral, no 55, Serzedo 

4810-857 Guimarães 

If the User chooses a different return option, the shipment costs have to be supported by him. The User must ask for proof of shipment when sending the parcel. 

If the product is faulty and this is not covered by the warranty, the User can take it to the brand technical assistance centre along with the proof of purchase. 

  1. Intellectual Property 

10.1. The Store is a registered website and the Service provided by the website is PULSER’s responsibility. 

10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and connections, industrial property and other applicable requirements. 

10.3. The User acknowledges that any advertisement content, highlight, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property and other property protection laws. Therefore, any use of that content may only occur under the express authorization of the respective copyright holders. 

10.4. The User compromises to fully respect the rights mentioned in the previous paragraph, and he abstains from practising any acts that may violate the law or those rights. That includes the reproduction, commercialization, transmission or placement available to the public of such content or any other unauthorized acts which have as their object the same content. 

  1. Service Security Conditions 

11.1. The User compromises to observe all applicable legal provisions. The User can’t practise or encourage the practice of illegal or offensive acts, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the applicable legislation of processing personal data and advertising communications through automatic calling devices. The User must also be aware of the rules to use the Service, under the risk of PULSER suspending or deactivating the Service under the terms set out in point 14. 

11.2. The User acknowledges and accepts that the IP Network is a public electronic communications network susceptible to use by several users, and because of that, subject to computer overloads. Therefore, PULSER does not guarantee the provision of the Service without interruptions, loss of information or delays. 

11.3. PULSER also doesn't guarantee the provision of the Service in situations of unpredictable systems overload or for reasons beyond PULSER control (situations of an extraordinary or unpredictable nature, external to PULSER that can't be controlled by it). 

11.4. If the Service provision is interrupted due to unforeseeable overload of the systems, PULSER compromises to sort it as soon as possible. 

  1. Suspension and Deactivation of the Store Service 

12.1. PULSER may, at any time, and according to its exclusive criteria, stop the Service provision and/or part of the Service, to one or all Users, regardless of any prior or subsequent communication. 

12.2. PULSER also reserves the right to suspend or terminate access to the Service immediately, in the following cases: 

  1. a) When the user does not follow the conditions of use mentioned in point 4 and the General Conditions; 
  2. b) When PULSER terminates access to the Store, by giving 15 days prior notice of the termination date. 

12.3. The suspension or termination of the Service provided, according to the terms mentioned above, does not imply any compensation to the User or any third parties. PULSER won’t be held responsible for any consequence that results from the suspension or cancellation of the Service. 

12.4. In the situations described above, PULSER will previously inform the User so that he can, if he wishes, safeguard the contents of his order viewing area within 3 (three) working days from the sending of the email or making the information available on the main page of the Service. 

  1. Communications 

13.1. Notifications related to the Service, including any changes to the General Conditions, can be sent to the User’s email, by SMS or phone call. 

13.2. The User accepts to receive all communication and/or notifications related to the online store, to the address, phone number and/or e-mail address provided in the order process. 

The User can request, at any time, to stop receiving these communications and/or notifications using the Contact Form or by choosing the option “Unsubscribe to the Newsletter” sent in each Newsletter. 

  1. Technical Configurations 

14.1. PULSER can change the Service and/or its technical conditions, as well as the the rules of use, by giving the User a notice of at least 15 (fifteen) days before making the alterations. 

14.2. The General Conditions in force at each moment, and its attachments, are available on the website www.pulsershoes.com. 

  1. Communications 

15.1. Whenever PULSER understands it's necessary or convenient to optimize the navigation experience and/or improve the connectivity conditions, PULSER can remotely make changes to the network configurations. 

15.2. Attending to the innovative character of the Service and the technological evolutions that it may suffer, PULSER can change the technical configuration to adapt the Service to technological developments. 

15.3. However, PULSER doesn’t promise any upgrades or Service improvements to the User. 

15.4. Some upgrades or new Service features can be available only upon the User’s payment and/or subscription of Specific Conditions of use. 

  1. Complaints 

16.1. The User can submit any contractual conflicts to the arbitration and mediation mechanisms that are or may be legally constituted. The User can also complain directly to PULSER of acts and omissions that violate the legal provisions applicable to the products acquisition. 

16.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the facts knowledge by the User. The complaint will be registered in the brand information system, and PULSER must notify the interested party within a maximum period of 30 (thirty) days from the date of receipt. 

APPLICABLE LAW The contract is governed by the Portuguese law. 

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