General Terms of Use

Introduction

These General Terms of Use (hereinafter referred to as the “General Terms of Use”) govern the use of the online platform available at https://cubanas-shoes.com (hereinafter referred to as the “Cubanas Online Store”), developed and owned by the company Skooks Shoes, Sociedad Limitada, with registered office at RBLA Catalunya, No. 53, Bloque ATI, Esc. CO, 08007 Barcelona, NIE B67624585.

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

Cubanas shall not be responsible for the activity of Users on the Cubanas Online Store and is in no way bound to approve, consent to, or otherwise control such activity. All activities permitted to Users may be carried out on the Cubanas Online Store, within the limits established in these General Terms of Use, the complementary documents hereto, and applicable legislation. All types of products may be sold, except those expressly identified in the “List of Products Not Permitted on the Cubanas Online Store,” as well as any others that Cubanas may define at any given time, and any products whose trade is prohibited by national law.

Use of the Cubanas Online Store is subject to the prior and express acceptance of these General Terms of Use by Users, who, without prejudice to the provisions of point 2 below, must mandatorily express their full consent thereto at the time of registration on the Online Store.

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

1. FRAMEWORK OF THE CUBANAS ONLINE STORE AND THE ROLE OF CUBANAS

1.1. Through the Cubanas Online Store, Cubanas grants Suppliers the opportunity to sell Products to Buyers and allows Buyers to purchase such Products from Suppliers. It also allows Buyers, among other activities to be defined at any time, to share and promote the Products they purchase, the Products they would like to purchase, and the Products they believe third parties may be interested in purchasing.

1.2. Accordingly, Cubanas’ role focuses on the management, promotion, maintenance, and development of the Cubanas Online Store, participating in transactions that are or may be promoted and/or carried out through it, thus being an integral part of the orders. Purchase and sale transactions are carried out between Users and Cubanas. Cubanas is an integral part of the purchase process, providing Users with the necessary payment methods for the Products, receiving directly from Buyers the amounts paid as the price, and subsequently transferring 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 the Cubanas Online Store and performing any actions therein (namely placing Orders). Printing and archiving them is also recommended.

2.2. As mentioned above, Users express their consent to these General Terms of Use at the time of registration on the Cubanas Online Store. This consent is renewed by Buyers whenever they place an Order and by Suppliers whenever they accept one.

2.3. Cubanas may amend the content of these General Terms of Use at any time and without prior notice, including any of the complementary documents.

2.4. The use of the Cubanas Online Store—including the placement of Orders—is governed by these General Terms of Use and their complementary documents, particularly those referred to in the Introduction. These documents must always be read, analyzed, understood, and interpreted jointly, in an integrated and complementary manner.

2.5. The General Terms of Use applicable to a given Order shall be those in force on the date the Order is completed, and not those that may be in force on the date of any complaint or dispute.

3. USER RESPONSIBILITY

3.1. Responsibility arising from the use of materials protected by intellectual and industrial property rights contained on the Cubanas Online Store shall lie exclusively with the User.

3.2. If the Buyer wishes to delete their registration on the Cubanas Online Store, they may easily do so in the Buyer’s area. The respective personal data and other information provided by the Buyer will be deleted in accordance with the Privacy Policy referred to in point 14 of these General Terms of Use.

4. ACTIVITIES OF NON-REGISTERED USERS ON THE ONLINE STORE

4.1. Until the successful completion of Buyer registration, users may access the Cubanas Online Store and view the content provided by Suppliers, and may also place Orders, being required to provide only the data necessary to complete them. All actions on the Platform require prior registration/login.

5. ACTIVITIES OF BUYERS ON THE CUBANAS ONLINE STORE

5.1. Purchase of Products: Each Buyer may place Orders or simply add Products of interest to their “Shopping Cart” anywhere on the platform.

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

6. PLACING ORDERS BY CUBANAS BUYERS

6.1. The Order process shall necessarily include the following stages:

6.1.1. Product Selection Stage: The Buyer must select the Product(s) to be included in the Order from those available in the online store.

6.1.2. Order Instruction Stage: The Buyer must provide the information requested during the Order process, including, namely, the delivery address, shipping method, payment method, and tax identification number.

6.1.3. Confirmation Stage: The Buyer must confirm the accuracy and authenticity of all information provided, as well as their acceptance of the Product price(s), shipping costs, delivery timeframe indicated by Cubanas for each Product, and any other associated expenses. The Buyer must also review and, if applicable, give consent to Cubanas’ “Shipping, Returns and Exchanges Policy.”

6.1.4. Payment Stage: The Buyer must indicate the payment method they wish to use to pay for the Product(s) included in the Order.

6.1.5. Order Completion Stage: The Buyer must complete the Order by selecting the option indicated on the Cubanas Online Store, with the consequences referred to in point 6.2 below.

6.1.6. Cubanas Confirmation Stage: The Buyer will receive an email in which Cubanas confirms the successful completion of the Order, provides an “Order Number” to be used in all subsequent communications with the Supplier, and issues the invoice for the transaction.

6.2. By completing the Order process, the Buyer validates it by expressing full and complete acceptance of these General Terms of Use, which includes acceptance of the selected Product(s), their respective price and description, and the assumption of all rights and obligations arising from these General Terms of Use and the other documents referred to herein, particularly the “Shipping, Returns and Exchanges Policy.”

6.3. After completion of the Order process described in point 6.1 above, the relevant Supplier must prepare the Order in accordance with the shipping policy so that the carrier can collect the Product and deliver it to the Buyer’s address or to a carrier pickup point, if that option was chosen, thus complying with all legal obligations under applicable law.

6.4. In the message referred to in point 6.1.6 above, Cubanas will also send the Buyer all the data entered during the Order process, in addition to legally required information. The Buyer must verify the accuracy of such data and immediately notify Cubanas of any necessary changes. Any consequences arising from errors or omissions in completing the Order shall be the Buyer’s sole responsibility.

6.5. Cubanas allows the Buyer to track the execution of the Order on the Cubanas Online Store at any time after its completion.

6.6. Completion of the Order constitutes proof of the request under legal provisions, allowing the enforceability of the amounts shown on the respective receipt.

6.7. Buyers and Suppliers agree that computerized records stored in Cubanas’ IT system under secure conditions constitute proof of communications, Orders, and payments made.

7. PAYMENT OF ORDERS BY BUYERS

7.1. Cubanas will appoint an external entity to ensure the full, secure, and correct processing of payments made by Buyers on the Cubanas Online Store, particularly ensuring the inviolability of the banking data provided.

7.2. Payment for Products purchased on the Cubanas Online Store must be made by credit card or Multibanco payment, under the terms set out in the “Payment Policy.”

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

7.4. Product prices are clearly indicated on the Cubanas Online Store and are expressed in euros (€). These prices do not include: (i) shipping costs; (ii) any applicable taxes and/or customs duties payable upon import of the Products, which shall be borne by the Buyer.

7.5. Shipping costs, which may vary depending on the shipping method, Order value, weight, and destination, will be itemized before completion of the Order.

7.6. When processing your Order, we will inform you by email as soon as possible if any Product included is unavailable. In such cases, no charge will be made for that Product.

8. DELIVERY OF ORDERS TO BUYERS

8.1. Cubanas, together with the selling Supplier and the Carrier, will fulfill duly completed Orders as quickly as possible, shipping them in accordance with the “Shipping, Returns and Exchanges Policy” accepted by the Buyer upon Order completion.

8.2. In some cases, Cubanas may not be able to confirm a specific delivery date at the time of the Order. In such cases, the best estimate will be provided, usually indicating a range of days. Buyers may also check the status of their Order at any time in their personal area of the Cubanas Online Store or by contacting customer service at support@cubanas-shoes.com.

8.3. Upon delivery, the Buyer must carefully check:

a) That the tamper-proof seal (if applicable) is intact and the packaging has not been damaged or altered;

b) That the delivered Product(s) correspond to those purchased;

c) That the quantity delivered matches the quantity purchased;

d) That the Product is in good condition.

8.4. The Buyer must immediately report, via support@cubanas-shoes.com, any breach of the tamper-proof seal (if applicable), discrepancies in quantity or documentation, or damage to the Product, indicating the relevant Order.

9. ORDER GUARANTEES

9.1. Compliance with applicable legislation governing the sale of Products through distance contracts, particularly consumer protection rules, is the responsibility of Cubanas.

9.2. Consequently, Suppliers are obliged, towards Buyers and Cubanas, to fully and timely comply with the obligations established therein, in accordance with applicable law and Cubanas’ “Shipping, Returns and Exchanges Policy.”

10. RIGHT OF WITHDRAWAL

10.1. To exercise the right of withdrawal, the Buyer must return all received items by registered mail within 14 days from receipt of the Order. The items must be new, complete, and in their original condition.

10.2. The Buyer must notify their intention to return and the reasons for doing so by emailing support@cubanas-shoes.com or through the messaging channel available in the “Orders Area.”

10.3. In addition to the above, the Buyer will find in the “Orders Area” all necessary means to fully and timely exercise their legal rights, including real-time access to the status of all Orders and the option to exercise the right of withdrawal when applicable.

10.4. For the exercise of the right of withdrawal, returns, exchanges, or warranty claims within 14 business days, under Decree-Law No. 24/2014 of 14 February, as amended, Buyers should consult the “Shipping, Returns and Exchanges Policy” of the Cubanas Online Store.

11. QUALITY AND CHARACTERISTICS OF PRODUCTS

11.1. Suppliers guarantee that Products offered comply with applicable national and EU legislation and are individually responsible for any non-compliance.

11.2. Suppliers commit to following sustainability principles such as recycling, use of durable raw materials, ethical and sustainable products, transparency in actions (e.g., water and energy consumption, working conditions), and local production.

11.3. Product images and colors displayed may differ from actual Products due to display settings and devices used.

11.4. Suppliers ensure compliance with all applicable laws, including Law No. 98/2015 of 18 August, as amended.

12. COMPLAINTS

12.1. For complaints related to the Online Store, contact support@cubanas-shoes.com or the official complaints book. More information is available on the Directorate-General for Consumers website: www.consumidor.gov.pt.

13. MANAGEMENT OF THE CUBANAS ONLINE STORE

13.1. Suppliers acknowledge that management of the Cubanas Online Store is Cubanas’ responsibility and that they have no right to interfere.

13.2. Cubanas may authorize new Suppliers or remove existing ones at its sole discretion.

13.3. Cubanas is not liable for inconveniences or damages resulting from internet use, including service interruptions, external intrusions, or computer viruses.

14. PRIVACY POLICY

14.1. Cubanas manages User information in accordance with applicable data protection laws, as detailed in the “Privacy Policy” section of the Online Store.

15. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

15.1. Information provided on the Cubanas Online Store is protected by industrial and intellectual property laws, as detailed in the “Industrial and Intellectual Property Policy.”

16. DISPUTES AND JURISDICTION

These General Terms of Use are governed by Portuguese law. Any disputes shall be settled by the courts of Lisbon.

Under Law No. 144/2015 of 8 September, disputes may also be submitted to an Alternative Consumer Dispute Resolution entity, namely the Lisbon Consumer Conflict Arbitration Center (www.centroarbitragemlisboa.pt) or the EU ODR platform: https://ec.europa.eu/consumers/odr/.

INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY

1. General Principle

1.1. All intellectual and industrial property rights, including trademarks, logos, texts, photographs, icons, images, graphic design, source code, and software elements contained on the Cubanas Online Store, are the property of Cubanas and are protected by Portuguese and international law.

2. Prior Written Authorization

2.1. Making Products available on the Cubanas Online Store does not imply any waiver, transfer, or assignment of intellectual or industrial property rights, nor does it grant rights of use, modification, reproduction, distribution, or public communication without prior written authorization from the rights holders.

2.2. The above does not prevent viewing or making a private backup copy of content, provided it is done in good faith, without altering ownership, for non-commercial and personal use only.

3. User Responsibility

3.1. Responsibility for the use of materials protected by intellectual and industrial property rights lies exclusively with the User.

4. Relationship with the General Terms of Use

4.1. This Intellectual and Industrial Property Policy is an integral part of the General Terms of Use and must be read in conjunction with them.

5. Abbreviations

5.1. Capitalized terms used herein have the same meaning as in the General Terms of Use, unless otherwise stated.