TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY before accessing, browsing and/or using any portion of this website. These Terms and Conditions exclusively apply to all business dealings between a customer (hereinafter referred to as the “Customer“) and Portofino Shoes Inc. (hereinafter referred to as “Portofino“) relating to products offered by Portofino and purchased by the Customer through the website as defined below. The laws of Quebec shall apply.
Provisions that deviate from these Terms and Conditions can be invoked by the Customer only if and to the extent that these provisions are accepted by Portofino in writing.
Orders placed by the Customer via www.Portofino.com (hereinafter referred to as the “Website”), for the products offered by Portofino through the Website are only considered as an offer to conclude a sales contract. The sales contract is only concluded once an e-mail confirmation by Portofino is received by the Customer. The e-mail by means of which Portofino confirms the receipt of the order to the Customer does not qualify as confirmation of the order.
The contract partner of the Customer is Portofino Inc.
Portofino decides at its sole discretion whether to accept any order. Should Portofino not respond within 10 business days after the order has been placed, the order shall be deemed rejected.
All information provided by Portofino, whether through electronic communication means or by telephone, shall be as accurate as reasonably possible. However, Portofino shall not be liable for any error encountered. Delivery data shall be considered solely indicative, and the images of products offered on the Website are for illustration purposes only. Portofino shall not be bound thereby in any way whatsoever.
Portofino shall be free to employ the services of third parties to fulfill its obligations under a sales contract.
Modifications to conditions
Portofino reserves the right to modify, to add and to remove parts of its terms and conditions at any time and at its discretion. Please verify regularly if any changes have been made to Portofino’s Terms and Conditions. The use of this Website following the implementation of these modifications on the Website signifies your accord in relation to the modifications in question.
Power to dissolve
The Customer has a right to dissolve the sales contract as per the terms set forth below. The Customer is not obliged to include the reason for dissolving the sales contract. The dissolution shall be made by return of the products within thirty (30) days of receipt of the products by the Customer to Portofino.
The Customer bears the direct costs and risks associated with returning products.
If the Customer exercises his/her right of dissolution, he/she is obliged to return the products as soon as reasonably possible, but at least within thirty (30) days of the dissolution.
Products that have been worn cannot be returned unless defective. Portofino has the right to set off any depreciation of products returned in case of usage of the products. This is not applicable if the depreciation is the sole result of the examination of the products.
The return of the products must include the original packaging. In case of an effective return, payments already received by Portofino are to be refunded.
Filing of Complaints
In case a Customer wishes to file a written complaint regarding the conclusion or the execution of a sales contract following an order made via the Website, the Customer is entitled to do so at the following address:
Chaussures Portofino Inc.
840 Colombiere E.
Quebec, Quebec G1J 1E3
In case a Customer wishes to file a verbal complaint regarding the conclusion or the execution of a sales contract following an order made via the Website, the Customer is entitled to do so at the following toll free telephone number:
Prices and costs
The price of a product as shown on the Website (hereinafter referred to as the “Purchase Price”) is the net price of the product, excluding federal and provincial taxes.
There is no shipping cost for general purchases or returns.
However, Portofino reserves the right to change the Purchase Price of any of the offered products at any time.
Payment can be affected by the following credit cards: MasterCard and VISA
Products shall only be dispatched to the Customer after full payment has been received by Portofino.
If the Customer does not pay the amount, he/she owes pursuant to the above terms and conditions, he/she will be in default without notice. As soon as the Customer is in default on any payment, all Portofino remaining claims on the Customer are due, and the Customer is immediately in default without notice with respect to those claims.
Reservation of Title
All products delivered by Portofino remain the property of Portofino until such time as the Customer has paid in full all amounts owed to Portofino in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.
Delivery of products
Delivery of a product shall be made to the address stipulated by the Customer during the order process. Portofino reserves the right to deliver products ordered partially.
Maintenance of products
The maintenance and washing instructions of the products are clear and visible on our website. Portofino shall not bear any costs or compensate any damage occurring to products due to improper handling.
Portofino is exempt from any obligations to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of Portofino or its own employees.
In cases in which Portofino is obligated to pay compensation for damages, the compensation will never be higher than the invoice value of the product delivered to which, or in connection with which, the damage was caused; or, if the damage is covered by an insurance policy of Portofino, the amount that is actually paid out by the insurer with respect thereto.
All disputes existing or arising between parties shall be heard exclusively by the competent Quebec court, unless the law provides for another mandatory forum.
Portofino is entitled to invoke force majeure if the implementation of the agreement is, in whole or in part, temporarily or permanently, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout; delay in the provision of parts to Portofino, goods or services ordered from third parties other than by circumstances to be imputed to Portofino; accidents and interruptions of business operations.
In the case of force majeure on the part of Portofino, its obligations are suspended. Should the force majeure last longer than three months, both Portofino and the Customer are authorized to cancel the non-feasible parts of their agreement through a written declaration.
All trademarks, logos, service marks and trade names are proprietary to www.prosteele.com, Portofino safety shoes, or other respective owners that have granted the Site the right and license to use such intellectual property.
The Customer will in no event be granted Portofino’ proprietary rights. In particular, the Customer shall not register or use Portofino’ proprietary rights in any manner whatsoever.