Terms and Conditions

PREAMBLE

  1. This document sets out the general conditions of sale agreed between the trading company “Fátima Silva & Xará, Lda.”, with headquarters at Rua Luís de Camões nº 58, 3700-785 Nogueira do Cravo, holder of tax identification number 507 879 996 and telephone number +351 256 872 846, holder of articles using the Crème Caviar brand, hereinafter referred to as “Crème Caviar” and people purchasing through the website www.cremecaviarshoes.com, hereinafter referred to as “User”.
  2. The parties agree that purchases made through the website www.cremecaviarshoes.com shall be regulated exclusively by this contract excluding any conditions previously available on the website.

ARTICLE 1 – OBJECT

  1. The purpose of these general terms and conditions of sale is to provide and define all the information necessary for the User regarding the ordering, sale, payment and delivery methods for purchases made on the website www.cremecaviarshoes.com, as well as bespoke order methods. 
  2. These conditions regulate all the steps necessary to place the order and guarantee its follow-up between the Contracting Parties.

ARTICLE 2 – ONLINE ORDER

  1. The User makes the order by concluding the purchase process shown on the website www.cremecaviarshoes.com, adding the desired product(s) to the shopping cart. 
  2. To send its order, the User will have to:
    1. Create a register on the website www.cremecaviarshoes.com, with all required information.
    2. Log-in (with the email address and password created by the User, at the time of register. 
    3. Complete the information and chose the options available throughout the order’s conclusion process (delivery and invoicing address, shipping method, payment method, VAT, and the name that should be on the invoice). 
  3. The final confirmation of the order by the User is considered as full and complete acceptance of the prices and description of the products available for sale, as well as these General Conditions of Sale, which will be the only ones applicable to the contract thus concluded.
  4. Fátima Silva & Xará, Lda., is bound to deliver the orders placed, unless it has no stock available, which must be communicated to the User, as soon as possible.
  5. The data on the invoice is of complete responsibility of the User and cannot be altered after it has been issued. 
  6. Orders placed by the User are subject to payment within three days and once this period has expired without payment having been made, such orders will be considered invalid, unless the order is placed as part of a promotional campaign that sets a different deadline. Any amount received after this three-day period will be returned to the User or used for a new order, at the User’s option, which they must inform Crème Caviar of.

ARTICLE 3 – PAYMENT

  1. All payment methods will be available on the website www.cremecaviarshoes.com, through Easypay – Instituição de Pagamento Lda., and will be the following:
    1. Credit card (Visa, Mastercard)
    2. ATM reference
    3. Bank transfer.
  2. In case of payment by credit card, the User’s card will be charged immediately after confirmation that the goods have been dispatched. If some of the products ordered are out of stock, their value will be credited to the User’s credit card after the order has been closed.

ARTICLE 4 – SHIPPING/DELIVERY

  1. The delivery of the products will be made up to 5 days after the payment of the order, by the company Fátima Silva & Xará, Lda.
  2. The shipping cost to Portugal, including islands, is 10€ (VAT tax included).

ARTICLE 5 – PRICES

  1. The prices on the website are in Euro (€) and include all taxes and duties in force at the date of payment of the order.
  2. In case there is some price alteration in some product, the User will be informed immediately and will be able to chose between receiving the order (proceeding to the payment of the amount needed) or cancelling it. 

ARTICLE 6 – CANCELATION AND RETURNS

  1. Any cancellation or return request must be made by the User, in writing, to the email address ines@cremecaviarshoes.com, within a maximum of 15 (fifteen) days after the order and payment, and will be analysed by Fatima Silva & Xará, Lda., who will communicate where they stand regarding such request, by the same means.
  2. The returning costs will not be borne by the company (except it’s a company error, or in case of defects). The transport costs covered by the customer will be 10€ per each return made. These costs will be deducted from the amount to be returned.   
  3. The refunds will be made, whenever possible, through the same mean as the payment was made. In case that is not possible, the User must present payment proof, as well as proof of account and/or card ownership, so the refund can be made by bank transfer. 
  4. The returned products must be in the exact same conditions as they were delivered, without any damages. 
  5. If the amount resulting from the exchange of products is lower or higher than the first product ordered, the settlement conditions will be indicated by Fátima Silva & Xará, Lda.
  6. We will not accept any returns/exchanges of products already worn/used, or that have been altered by a third party.

ARTICLE 7 – INTELLECTUAL PROPERTY

The ownership of the brand, creation, design and materials, as well as all content on the website and further intellectual property rights, belong exclusively to Crème Caviar, and its use may be authorized by written contract.

The photoshoots or others used on the website, belong exclusively to Crème Caviar and its use by third parties is unauthorised and may represent a criminal offense. 

ARTICLE 8 – PRIVACY POLICY

Personal data is processed in strict compliance with the legislation on the protection of personal data, namely the Personal Data Protection Code. All data subject to computer processing and which will appear in the database(s) of Fátima Silva & Xará, Lda., is intended exclusively for registration and presentation of other products and services to the User, as well as institutional information.

The provision of personal data by the User is optional, and the User is legally guaranteed the right to access, rectify and cancel any data that directly concerns him/her, in person or in writing, directly to the address on the home page of this website.

ARTICLE 9 – BESPOKE PRODUCTS

  1. The exchange or return of bespoke products, made to order by the customer and according to his/her specific indications, like the choice of colours, materials and sole and insole engraving, will not be accepted. 
  2. In this kind of bespoke orders, in case of cancellation by the customer, the adjudication amount will not be refunded.
  3. Requests for alterations on bespoke orders by the User, will only be accepted until the product goes into production. 
  4. In the event that there is a manufacturing or material defect, following analysis by Fátima Silva & Xará, Lda., customer complaints will be accepted, and the item may be exchanged or returned.
  5. In the case of handmade products, any imperfection that is found to be the result of this method of production shall not be considered a manufacturing defect under the terms of the previous paragraph, since the best production techniques, high quality standards, design and durability are applied.
  6. We will not accept any complaints regarding shoes already worn, or that have been altered by a third party.

ARTICLE 10 – VARIATIONS NOT TO BE CONSIDERED AS DEFECTS 

  1. Crème Caviar products are handmade and can sometimes show characteristics of the natural materials used in its production. Leather products can have changes in shade and texture, or marks from the natural aging of the leathers and those cannot be considered defects or lack of consistency. On the contrary, their presence should be expected, as such characteristics are inevitable and should be accepted as part of the unique appearance of the item. 
  2. Even though we try to display colours and product images as accurate as possible in the online store, we cannot guarantee the colour is the same as the actual one through a screen or monitor. 
  3. It’s considered as inappropriate usage and, consequently, not covered by guarantee, the following situations:
    1. Clothing colour transfer (must be especially aware of denim).
    2. Stains from food and beverages.
    3. Contact with oils, perfumes, cremes or alcohol-based products.
    4. Excessive exposure to direct sunlight or heat sources.
    5. Scratches and tears.
    6. Inadequate cleaning stains.
    7. Humidity or discoloration stains due to improper storage or usage.
    8. Carelessness and accidents.
    9. Loss or theft.