Introduction

These general terms of use (hereinafter referred to as “General Terms of Use”) concern the use of the online platform available at https://www.feelbycubanas.com/ (hereinafter referred to as “Feel the Nature by Cubanas“), developed and owned by Skooks Shoes, Sociedad Limitada, with headquarters at RBLA Catalunya, Num. 53, Bloque ATI, Esc. CO. 08007 Barcelona, NIE B67624585.

In particular, these General Terms of Use regulate the use of Feel the Nature by Cubanas by interested parties who register on it in order to become customers (hereinafter “Buyer” and/or “Buyers”) and, likewise, by suppliers (hereinafter “Supplier” and/or “Suppliers”) who wish to make their products available (hereinafter “Products”) for purchase by the former, through an ordering process to be carried out under the terms provided herein, aiming at the purchase and sale of Products between Users, and which may include one or more Products.

Feel the Nature by Cubanas will not be responsible for the activity of Users on Feel the Nature by Cubanas, not being in any way bound to approve, consent to, or in any way control their activity. All activities permitted to Users may be carried out on Feel the Nature by Cubanas, within the limits established in these General Terms of Use, other complementary documents, and applicable legislation, and all types of products may be sold, except those expressly identified in the “List of Products Not Permitted on Feel the Nature by Cubanas” as well as others that Feel the Nature by Cubanas may define at any time, and also all and any products whose trade is prohibited by national law.

The use of Feel the Nature by Cubanas is subject to the prior and express acceptance of these General Terms of Use by Users who, notwithstanding the provisions of point 2 below, must obligatorily express their full consent to them at the time of their registration in the Online Store.

These General Terms of Use are permanently available on Feel the Nature by Cubanas for consultation and printing by any interested party, who may also save them in digital format, at any time.

1. CONTEXT OF THE FEEL THE NATURE BY CUBANAS STORE AND FUNCTION OF FEEL THE NATURE BY CUBANAS

1.1 Through Feel the Nature by Cubanas, Feel the Nature by Cubanas grants Suppliers the opportunity to sell Products to Buyers and the latter the possibility to purchase them from Suppliers, also allowing Buyers, among other activities to be defined at any time, to share and disseminate the Products they purchase, the Products they would like to purchase, and the Products they think third parties might be interested in purchasing.

1.2 Thus, the function of Feel the Nature by Cubanas focuses on the management, promotion, maintenance, and development of Feel the Nature by Cubanas, participating in the transactions that are or will be promoted and/or carried out through it, thus being an integral part of the orders. The purchase and sale transactions are carried out between Users and Feel the Nature by Cubanas. Feel the Nature by Cubanas is an integral part of the purchase process, providing users with the necessary payment methods for the Products, directly receiving from Buyers the amounts paid by them as price and subsequently delivering them to Suppliers under the terms agreed with them.

2. ACCEPTANCE OF THE GENERAL TERMS OF USE

2.1. Users must carefully read these General Terms of Use before registering on Feel the Nature by Cubanas and carrying out any actions there (namely any Orders), and it is also advisable to print and archive them.

2.2. As mentioned above, Users express their consent to these General Terms of Use at the time of registration on Feel the Nature by Cubanas, this consent being renewed by Buyers whenever they place an Order and by Suppliers whenever they accept them.

2.3. Feel the Nature by Cubanas may change the content of these General Terms of Use at any time and without prior notice, including the possibility of changing any of its complementary documents.

2.4. The use of Feel the Nature by Cubanas – including the placing of Orders – will be subject to the General Terms of Use and other complementary documents, namely those referred to in the Introduction, and the reading, analysis, understanding, and interpretation of these documents must always be done jointly, integrally, and complementarily.

2.5. A specific Order will be subject to the General Terms of Use in force on the date it was completed, and not others that may eventually be in force on the date a complaint or dispute arises.

3. USER RESPONSIBILITY

3.1. The responsibility derived from the use of materials protected by intellectual and industrial property rights contained in Feel the Nature by Cubanas will be exclusive to the user.

3.2. If the Buyer wishes to delete their registration on Feel the Nature by Cubanas, they can easily do so in the buyer’s area, and the respective personal data and other information provided by the Buyer in question will be deleted in accordance with the Privacy Policy mentioned in Point 14 of these General Terms of Use.

4. ACTIVITIES OF UNREGISTERED USERS IN THE ONLINE STORE

4.1 Until the successful completion of a Buyer's registration, they can always access Feel the Nature by Cubanas, having access to the content provided by suppliers, and can also place orders, only being asked for the necessary data to complete them. All actions on the Platform require prior registration/login.

5. ACTIVITIES OF BUYERS ON FEEL THE NATURE BY CUBANAS

5.1 Purchase Products: Each Buyer may place Orders, or simply add Products they are interested in to their “Shopping Cart”, anywhere on the platform.

5.2 Feel the Nature by Cubanas reserves the right to change the list of activities available to Buyers on Feel the Nature by Cubanas, in the manner and at the time it deems convenient, useful or necessary, at its sole discretion.

6. PLACING ORDERS BY FEEL THE NATURE BY CUBANAS BUYERS

6.1. The Ordering process will necessarily include the following phases:

6.1.1. Product Selection Phase: The Buyer must choose the product(s) for their Order that are present in the online store;

6.1.2. Order Instruction Phase: The Buyer must provide the information requested during the Ordering process, which will consist, namely, of the delivery address, shipping method, payment method, and tax identification number;

6.1.3. Confirmation Phase: The Buyer must confirm the correctness and authenticity of all elements provided by them, as well as their acceptance of the price(s) of the Product(s) subject to the Order, shipping costs, delivery time indicated by Feel the Nature by Cubanas for each Product subject to the Order, and other expenses eventually associated with it and, likewise, analyze and, if applicable, give their consent to the Feel the Nature by Cubanas “Shipping, Returns and Exchanges Policy”;

6.1.4. Payment Phase: The Buyer must indicate the payment method they intend to use for the payment of the Product(s) subject to the Order;

6.1.5. Order Finalization Phase: The Buyer must complete their Order, with the consequences referred to in point 6.2. below, by selecting the option indicated on Feel the Nature by Cubanas for this purpose;

6.1.6. Feel the Nature by Cubanas Confirmation Phase: The Buyer will receive an email in which Feel the Nature by Cubanas will confirm the successful completion of the Order, indicate an “Order Number” that the Buyer must use in all subsequent communications with the Supplier, and deliver the invoice for the transaction.

6.2. By finalizing the order process, the Buyer validates it by expressing their full and complete acceptance of these General Terms of Use, which implies, namely, the acceptance of the chosen Product(s), respective price and description, as well as the assumption of all rights and obligations arising from these General Terms of Use and other documents referred to herein, in particular the Feel the Nature by Cubanas “Shipping, Returns and Exchanges Policy”.

6.3. After the completion of the Ordering process, described in point 6.1. above, the Supplier in question must prepare the order, according to the shipping policy, so that the carrier can collect the Product and deliver it to the Buyer's address or to a carrier's delivery point if that was the chosen option, thus complying with all legal duties to which it is subject under the terms of current legislation.

6.4. In the message referred to in point 6.1.6. above, Feel the Nature by Cubanas will also send to the Buyer, in addition to the information mandatory by law, all the data entered by the latter during the Ordering process, and the Buyer must verify the accuracy of the same and, if necessary, immediately notify Feel the Nature by Cubanas of any necessary changes, thus being entirely responsible for any consequences of any error or oversight in filling out the Order.

6.5. Feel the Nature by Cubanas gives the Buyer the opportunity to track the execution of the Order on Feel the Nature by Cubanas, at any time after its completion.

6.6. The finalization of the Order will constitute proof of the request, in accordance with legal provisions, allowing the enforceability of the amounts stated on the respective receipt.

6.7. Buyers and Suppliers agree that the computerized records, kept in the Feel the Nature by Cubanas computer system under secure conditions, constitute proof of the communications made, as well as the Orders and payments made.

7. PAYMENT OF ORDERS BY BUYERS

7.1. Feel the Nature by Cubanas will entrust an external entity to ensure the full, secure and correct execution of payments made by Buyers on Feel the Nature by Cubanas, namely the inviolability of the banking data provided by Buyers.

7.2. The payment for the Product(s) purchased on Feel the Nature by Cubanas must be made by credit card or ATM payment under the terms indicated in the “Payment Policy” document.

7.3. The invoice for each Order will be issued by Feel the Nature by Cubanas and will be sent to the Buyer, being instructed with the information provided by the Buyer (no changes will be allowed after the invoice has been issued).

7.4. The prices of the Products are clearly indicated on Feel the Nature by Cubanas, being expressed in euros (€); these prices do not include: (i) the shipping costs of the Product(s) purchased; (ii) the amounts corresponding to any taxes and/or customs duties for import that may be due for the import of these products, these expenses being borne by the Buyer who places the Order.

7.5. The shipping costs of the Product(s) purchased, which may vary depending on the shipping method, the value of the Order, the weight and the destination of the Product(s), will be presented in a discriminated manner before the finalization of the Order.

7.6. When we process your order, we will inform you as soon as possible by e-mail if any of the products included in your order are unavailable. In this case, we will not charge any amount for the said product.

8. DELIVERY OF ORDERS TO BUYERS

8.1. Feel the Nature by Cubanas, together with the Supplier selling the Product(s) purchased and the Carrier, will honor duly completed orders as quickly as possible, carrying out the respective shipment in accordance with the “Shipping, Returns and Exchanges Policy” made available to the Feel the Nature by Cubanas Buyer and accepted by them upon order completion.

8.2. In some cases, Feel the Nature by Cubanas may not be able to confirm a specific delivery date when the Buyer places their order. In such cases, it will provide the best estimate, usually indicating a range of days. Additionally, the Buyer can check the status of their order at any time in their personal area on Feel the Nature by Cubanas or by contacting customer service via email support@feelbycubanas.com.

8.3. Upon delivery of the Products to the Buyer, the Buyer must carefully check:

a) That the tamper-proof label (if applicable) remains intact and that the packaging has not been damaged or altered in any way;
b) That the Product(s) delivered correspond to the Product(s) purchased on Feel the Nature by Cubanas; and
c) That the number of Product(s) delivered corresponds to the quantity of Product(s) purchased on Feel the Nature by Cubanas;
d) That the product is in good condition.

8.4. The Buyer must immediately communicate, via the email support@feelbycubanas.com, any violation of the tamper-proof label of the Product packaging (if applicable) or if the number of items/packages or indications does not correspond to that indicated on the respective invoice, or if the product is damaged, by contacting Feel the Nature by Cubanas and indicating the Order in which the problems occurred.

9. ORDER GUARANTEES

9.1 Compliance with the procedures of applicable legislation for the sale of products through distance contracts for goods suppliers, particularly regarding discounts used for consumers, is the responsibility of Feel the Nature by Cubanas.

9.2 As a consequence of the provisions in point 9.1 above, Suppliers are obliged, towards Buyers and towards Feel the Nature by Cubanas, to fully and promptly comply with the obligations indicated and established therein, all in accordance with applicable law and the respective “Shipping, Returns and Exchanges Policy” of Feel the Nature by Cubanas.

10. RIGHT OF FREE RESOLUTION

10.1. To exercise the right of Free Resolution, the Buyer must return all received material by registered mail within 14 days from the receipt of the order. This material must be new and complete, as it was at the time of receipt of the order, and the products must be returned to us in their original conditions.

10.2. The Buyer must send an email to support@feelbycubanas.com or contact us through the messaging channel available in the “Orders Area” expressing their intention to return and their reasons.

10.3 In addition to what is referred to in point 10.2. above, the Buyer will find in the “Orders Area” of Feel the Nature by Cubanas all the necessary means for the full and timely exercise of their legal rights, being able to access in real time, at any moment, the “status” of all Orders they have placed and, at that same moment, choose to exercise their “right of free resolution” over the Product(s) that comprise it, if the requirements for exercising the right in question are met.

10.4 For the exercise of the right of free withdrawal, within 14 working days, under the terms established in Decree-Law no. 24/2014, of February 14, amended by Law 47/2014 of July 28 and by Decree-Law no. 47/2014, of July 28, concerning return, exchange or activation of the product warranty, Buyers should consult the “Shipping, Returns and Exchanges Policy” of Feel the Nature by Cubanas.

11. QUALITY AND CHARACTERISTICS OF PRODUCTS

11.1 Suppliers guarantee that the Products made available on Feel the Nature by Cubanas comply with current national and community legislation, being individually responsible for any non-conformity.

11.2 Suppliers commit to following certain sustainability principles such as recycling and selection of durable raw materials; ethical and sustainable products; transparency in actions, such as water and energy consumption and working conditions; and local production.

11.3. The images and colors of the Products published on Feel the Nature by Cubanas may differ from their actual images and colors due to the display settings of the local systems and/or devices used by Buyers to view them.

11.4. Suppliers assure Feel the Nature by Cubanas that by selling these products using Feel the Nature by Cubanas, they comply with all applicable standards and rules, including, but not limited to, the provisions of Law 98/2015, of August 18, with the amendments of DL no. 120/2017, of September 15.

12. FOR COMPLAINTS AND CLAIMS

12.1. For complaints and claims regarding the online store, you can contact us via the following email support@feelbycubanas.com or additionally through our complaints book. More information on the website of the Directorate-General for Consumers: www.consumidor.gov.pt

13. MANAGEMENT OF THE FEEL THE NATURE BY CUBANAS ONLINE STORE

13.1. Suppliers acknowledge that the management of Feel the Nature by Cubanas is the responsibility of Feel the Nature by Cubanas and that they have no right or expectation to interfere in these activities.

13.2. Suppliers also acknowledge that Feel the Nature by Cubanas is perfectly free, according to the criteria it deems most relevant, to authorize the entry of any new Suppliers or to delete the accounts of those who, in its sole and exclusive discretion, harm the operation of Feel the Nature by Cubanas or contribute in any way to any type of imbalance in the relationship between all Suppliers.

13.3. Feel the Nature by Cubanas is not responsible for any inconveniences or damages caused to Suppliers and Buyers by the use of the internet, namely those arising from the disruption of its service, external intrusion, anomalies caused by computer viruses, or any other cause beyond its control.

14. PRIVACY POLICY

14.1. Feel the Nature by Cubanas manages User information in accordance with the legal provisions applicable to the protection of personal data, as specified in the specific section of Feel the Nature by Cubanas titled “Privacy Policy“.

15. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

15.1. The information made available by Feel the Nature by Cubanas or by third parties on Feel the Nature by Cubanas is protected under the legal provisions relating to industrial and intellectual property rights and other rules set out in the specific section of Feel the Nature by Cubanas entitled "Industrial and Intellectual Property Policy".

16. DISPUTES AND JURISDICTION

These General Terms of Use are subject to Portuguese law and any disputes arising from their interpretation, integration or execution shall be settled by the courts of the district of Lisbon, the Parties expressly waiving the jurisdiction of any other Court.
In accordance with Law no. 144/2015 of 8 September, in the event of a dispute, the parties may resort to a Consumer Alternative Dispute Resolution entity, the territorially competent entity for this purpose in Portugal being the Lisbon Consumer Conflict Arbitration Centre, located at Rua dos Douradouros, 116, 2º 1100-207, Lisbon, available at www.centroarbitragemlisboa.pt Or, outside Portugal, on the European Commission's RLL Platform, accessible at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT

INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY

1. General Principle

1.1. The rights relating to intellectual and industrial property such as trademarks, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained in Feel the Nature by Cubanas are the property of Feel the Nature by Cubanas, and are therefore subject to intellectual and industrial property law, safeguarded by Portuguese and international legislation.

2. Prior Written Authorisation

2.1 The provision of Products on Feel the Nature by Cubanas does not imply, on the part of Feel the Nature by Cubanas, the waiver, transfer, total or partial assignment of rights derived from intellectual and industrial property, nor does it grant rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents, without the prior and express written authorisation of the respective rights holders.

2.2 The provisions of the preceding paragraph do not prevent the rights to view and obtain a private backup copy of the contents referred to therein, provided that: (i) these rights are exercised according to the principles of good faith; (ii) their intellectual and industrial property remains unchanged; and (iii) they are exercised without lucrative intentions and exclusively for the User's personal and exclusive information.

3. User Responsibility

3.1. The responsibility derived from the use of materials protected by intellectual and industrial property rights contained in Feel the Nature by Cubanas shall be exclusive to the user.

4. Intellectual and Industrial Property Policy and General Terms of Use

4.1. This "Intellectual and Industrial Property Policy" is an integral document of the "General Terms of Use" of Feel the Nature by Cubanas and its reading, analysis, understanding and interpretation must always be done in accordance with and in conjunction with the terms and conditions established in the document in question and other complementary documents thereto, duly identified therein.

5. Abbreviations

5.1. In view of the provisions of the preceding point, terms beginning with a capital letter in this "Intellectual and Industrial Property Policy" have the same meaning as that given to them in the "General Terms of Use" of Feel the Nature by Cubanas, unless a different meaning results from this document.