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TERMS & CONDITIONS

 

GENERAL

Welcome on smilingshoes.com!

This site, smilingshoes.com (hereinafter called the site, us, ours), is the official Smiling Shoes website for online shopping and the property of SC ELDUR PROD SRL. Smiling Shoes is registered trademark of SC Eldur Prod SRL.
The access and use of smilingshoes.com, of all information, services and products available through this site, therein are regulated by the following Terms & Conditions and by the Security of Information. Any use of smilingshoes.com, visiting the site  and / or placing an order, means that you agree to accept the Terms and Conditions and Security of Information mentioned below. So, please read them carrefully and in case of disagreement please do not use this site.
This Terms & Conditions can be updated and modified based on internal policies or legal regulations without any previously notice, so, we kindly advise you to periodically check these pages and take notice of all the changes.
 

PRODUCTS. MADE TO ORDER MENU. ‘SUR MESURE’ SERVICE

Smilingshoes.com is selling tailored shoes and accessories, handmade to customer’s preferences and his own personal measurements.
Please note that most of the articles are not available on immediate stock, they are custom made individually for each of our customers, as we usually function on pre-order basis.
Each customer can create its own Smiling Shoes product by filling the details from the made-to-order menu on the site, as it follows: We do our best to display the true images and real information about all the above details, though, due to your personal computer settings, colours may be different from the original product. Please take into consideration that each pair of Smiling Shoes is entirely manufactured by hand, after your individual preferences and/or measurements– colour, platform, heel, others – and therefore you are fully responsible for the final product look. Smilingshoes.com guarantees the quality of the products. Moreover, we guarantee you will love it and it will fit perfectly.
Each product page contains all the images and necessary information, including ‘zoom’ option. Though, if you need more information please contact us at contact@smilingshoes.com.
 

ORDER

After configuring your products after your own preferences, you can order them by simply adding to your Shopping Bag.
By placing an order on smilingshoes.com, you are making an offer to us to purchase the products you have selected ont these Terms and Conditions and you give us the right to use your personal data.
You can place an order on smilingshoes.com either you have or not a personal account on our site, both ways you have to provide us your personal data.
We reserve the right to accept or not to accept your offer at our discretion. We can only accept offers that are made through our site.


PERSONAL DATA

For placing an order on smilingshoes.com it's recommended to make your own personal account and it’s necessary to provide personal data as: name and surname, email address, phone number, delivery/billing address, country, birthday and other information on request.
Also, if your personal data changes, please update them in your personal account too. All your personal data must be accurate, correct and complete.
We reserve the right to decline your permission to use the site, without further obligations, without notice. Also, we reserve the right to decline your permission to use the site or to restrict your access to the site, from any reason, on our own considerations.
In order to protect you and also to maintain online security, we reserve the right to periodically check and filter all registered personal data. Please read Confidentiality. Data Security. section in order to be informed about the way we will use your personal data.
 

ORDER CONFIRMATION

Your order confirmation is represented by an explicit confirmation email, as it follows: We reserve the right to decline your order in the following situations: unconfirmed payment, delivery restrictions in the area, the product is out of stock, retired or does not meet our required quality standards, your personal data are not accepted. Moreover, we reserve the right to decline your order from any reason, on our own considerations.
Please note that, once your order was confirmed, we can not change delivery address.
All the orders are saved in our database. Even though, you are advised to keep your order confirmation and all our correspondence.
 

AT WHAT POINT IN THE ORDERING PROCESS ARE YOU BOUND BY YOUR ORDER?

The moment you click Pay and the receipt is displayed on your screen, you are bound by your offer. The receipt you receive is an automated acknowledgement that means we have received your submitted offer. However, the acknowledgement does not mean that we have accepted your offer, and we reserve an explicit right to decline your offer after you have received the automatic acknowledgement. If we accept your offer, you will receive an e-mail from us confirming that we have accepted your order - order confirmation. The contract between you and us will be effective from the time that the order confirmation is sent. If you made an error when placing your order, please contact us and we will be happy to assist you. However, please always make sure to review your offer before placing it. Before submitting, you have the possibility yourself to edit any information you have entered, such as the shipping or billing address or credit card information, or change or delete items in your shopping bag. The language of the contract is English.
Prices displayed on the site are applicable at the shopping time. Prices can be changed without any further notice, this changes will not affect orders already confirmed. All prices are verified during order confirmation procedure.
 

ORDER CANCELLATION

Should you wish to cancel your order please contact our Customer Care Team, they will do their best to fulfill your requirement, event though, we cannot guarantee your order cancellation once this has been confirmed and send to production.
Should you wish to cancel your order after the order was confirmed and sent to production, taking into consideration that we started to produce the goods, we reserve the right not to refund any advance payment.
Should you wish to cancel your order after dispatch, please check the Return section for further instructions.
Please note that repeatedly cancellation of your orders can be considered abuse.


PRICE POLICY

All displayed prices are quoted in RON/EUR depending to your country. If you want to change the country selection, please use the country selector in the top of the site. Your delivery address will decide which currency you will be charged in. Please note that changing the country of delivery may have an influence on the price and the delivery costs. Prices do not include delivery costs unless otherwise stated.
Prices displayed on the site are those that apply at the time of puchase. Prices may be subject to change without any further notice, but these changes will not affect orders already confirmed. All prices are verified as part of our order confirmation procedure.
All invoices and refunds for Romania will be done in RON and all invoices and refunds for International delivery will be done in EUR.

 

PAYMENT METHODS

Smilingshoes.com accepts 3 payment methods for the online orders: cash on delivery – only for Romania, card payment (online) or bank transfer. Please note that we cannot accept any payment methods not specified above. If you try to pay by any other methods, we will not be liable for your loss of payment or any other damages caused by your action. Please note that you must pay to the courier representative the exact amount confirmed by email; we can not be hold responsible for other money requests. Please note that your billing address must be entered exactly as it appears on your bank statement.  

LOYALTY DISCOUNTS

Loyalty discount is a fidelity incentive automatically generated in your personal account on smilingshoes.com, as it follows: Birthday discount is a fidelity incentive of 15% off automatically generated in your personal account on smilingshoes.com, as a celebration for your birthday. 

Special terms and conditions:


SMILING SHOES GIFT CARD

Smiling Shoes are the perfect gift for your loved ones?
You can choose Smiling Shoes Gift Card. Buy our Gift Card, printed or online version, choose the value you want to offer, write down your wishes, and also the recipient's name and email address. For using the Gift Card, just copy the identification code in the Gift Card box from your Shopping Bag and click Apply. Your order total will be immediately updated.
Please note that if you would like to order multiple gift cards and have them delivered to different addresses, you will need to place individual orders.

Special terms and conditions:


PROMOTIONS

Promotion codes allow a discount on a certain style, the whole order or provide free delivery. If you are receiving the Smiling Shoes newsletter you will occasionally receive promotional codes to redeem via our online store. How long these are valid, plus further promotional information, will be communicated in the newsletter.
For using the promotion codes, just copy the code in the Promotion Code box from your Shopping Bag and click Apply. Your order total will be immediately updated.

Special terms and conditions: Outlet
Sales section also includes outlet products. Outlet Smiling Shoes products cannot be personalised and therefore they can only be acquired, while stock lasts, on the presented sizes and details.

 

DELIVERY


National and international delivery
Smilingshoes.com is shipping national and international through its courier partner (door-to-door delivery). In case of countries that are not listed online, delivery type will be communicated in particular by email.
For more information about deliveries please write us at contact@smilingshoes.com.
Please note that, once your order was confirmed, we can not change delivery address.
Please note that we do not deliver to post office boxes.

Delivery time
We process and dispatch orders during our main service hours Monday – Friday from 9:00 – 18:00 EET (UTC/GMT +2 hours).
Smilingshoes.com is selling tailored shoes and accessories, handmade to customer’s preferences and his own personal measurements. Please note that most of the articles are not available on immediate stock, they are custom made individually for each of our customers, as we usually function on pre-order basis. That is why production time in our atelier may take up to 10 working days. Please add transit time to your destination and estimate your delivery date according to this information. Depending on the delivery method, estimated production time is mentioned in your order summary and does not include transit time to your destination. Track your order status
As soon as we have shipped your order you will receive an email with your shipping confirmation and a tracking link.

Delivery schedule
Orders are delivered to your address, door-to-door, from Monday to Friday between 9:00-20:00. Weekends and legal holidays are not considered working days.
Please note that it is not possible to request a specific time or date for the delivery. 
Please note that we do our best to deliver your order in the above-mentioned conditions, though, taking into consideration that we use an outsourced service, we are not responsible for any delays caused by our courier partner.
Please note that, once your order was confirmed, we can not change delivery address.
Please note that our courier partner is bound to perform only one delivery attempt. In case of your unavailability, your package will be sent back to us and your order will be cancelled. Taking into consideration that we already produced the goods, we reserve the right not to refund any advance payment.

Delivery costs
Prices dispayed on the site do not include delivery costs unless otherwise stated.
Changing the country of delivery may have an influence on the price and the delivery costs.
Standard delivery costs depend directly on the delivery country as it follows: Please note that you must pay to the courier the exact amount confirmed by email; we can not be held responsible for additional money requests. Expres delivery costs imply an additional fee of 39eur (175ron).
Orders with more 3 or more products, due to extra volume, may imply additional delivery costs, that you'll be notified of by email. Please note that potential foreign bank charges shall be borne to you.

Receiving the package
All deliveries are door-to-door service and must be signed for at receipt, except if another option is provided by the courier.
Please decline the package if this is damaged. Also, when receiving the package, please carefully check the products and, in case of discrepancies with your initial order or products having manufacturing faults, let us know immediately.
 


RETURNS


Returns
Please take into consideration that each pair of Smiling Shoes is entirely manufactured by hand, after your individual preferences and/or measurements – colour, platform, heel, others – and therefore you are fully responsible for the final product look. Smilingshoes.com guarantees the quality of the products. Moreover, we guarantee you will love it and it will fit perfectly.
Please note that most of the articles are not available on immediate stock, they are custom made individually for each of our customers, as we usually function on pre-order basis and therefore, given the bespoke nature of the service, our products cannot be returned.
According to law OUG 34/2014 art. 16 let. c) - "The following are considered exception from the withdrawal right stated in articles 9-15 regarding distance contracts or contracts made outside commercial spaces: [...] c) supplying products handmade after costumer details or visible personalised [...]."
Even though, considering that we want you to be completely satisfied with your Smiling Shoes products, please be assured that we’ll do all our best to solve your return request.

Manufacturing faults
We strongly advise you to check products thoroughly upon delivery, before removing any attached tags and before disposing of any original packaging.
Please note that all Smiling Shoes products are quality controlled and checked for any manufacturing faults before they are dispatched to customers. Even though, in the unfortunate case of major manufacturing faults you have to announce us immediately and therefore return the products. In this case you can choose either to replace the products with identical products or to ask a refund.
Any complaint of manufacturing faults after a period of 3 days from receiving the products is considered expired. Smiling Shoes products are guaranteed for 30 days from their acquisition date – guarantee certificate should be found on the box’ back.
Shoes are classified as having manufacturing faults if they are received damaged (tear / cutout heel, tear / cutout sole, tear / cracked / cutout / stained leather), but excludes the faults occurred as a result of wear / tear / damage.
Please note that we cannot replace products from one model with products from another model.
Please note that we do not accept repeatedly returns for manufacturing faults.

Inappropriate size
If it’s your first order on smilingshoes.com, the product with inappropriate size can be replaced with an identical product, same model and same configuration, but with a new size, one size up or one size down. In this case we do not accept a refund. Inappropriate size returns are accepted only one time and only for one product, in a timeframe of 3 days from receiving the product.
Any return for innapropriate size after a period of 3 days from receiving the products is considered expired.
Even though, in some cases, we reserve the right to decline your return for inappropriate size, according to law OUG 34/2014 art. 16 let. c).
Returns for inappropriate size are not applicable to products with discount price / products received as presents.
Returns for inappropriate size are applicable only to customers with personal account on smilingshoes.com.
Please note that we cannot replace products from one model with products from another model.
Please note that we do not accept repeatedly returns for inappropriate size.

How to return / exchange
Should you wish to return / exchange a Smiling Shoes product, please state your return request explicitly, within 3 days from receiving the product, either by sending us an email at contact@smilingshoes.com or by completing the Return Form from your personal account on smilingshoes.com.
After we carefully analyze your request we’ll let you know the proposed solution for your return. Considering that we want you to be completely satisfied with your Smiling Shoes products, please be assured that we’ll do all our best to solve your return request.
Declined return – unfortunatelly the products cannot be returned
Accepted return – please follow the steps below: All return fees and risks are completely on your expense and must be paid in advance.
We will notify you the moment we receive the returned package and the result of the undergone quality check. We reserve the right to accept or not your return only after checking if the products fulfill the conditions requsted below. Return conditions
Returned products must be new, without any sign of use, without any faults occurred as a result of wear / tear / damage. All shoes must be tried on a carpeted surface which leaves no traces.
Returned products must be in their original undamaged package, with all the original undamaged labels and the safety tag attached. The box, the labels and safety tag are part of the product.
Returned products must be accompanied by the Return Form with complete information as requested (Return Form section from your personal account on the site).
Please note that the package must be returned to the address mentioned in the Return Form, we do not accept returns at the showroom. 
We reserve the right to decline and redeliver to you any returned product that does not fulfill all the return conditions mentioned above.
All return fees and risks are completely on your expense and must be paid in advance.
Pease note that all returns must be delived to our company's address (mentioned in the Return Form).
Please note that we do not accept cash on delivery returns. Please note that we do not accept unidentified returns. Please note that we do not pick up returns from Romanian Post Office or any other post office.
Please not that the merchandise must be returned in one mailing; we reserve the right to refuse multiple returns at different times from one order.
Please note that we can only accept returns from the country which the shipment was sent to.
Please note that we can not accept returns at the showroom. 
Please note that we can not be held responsible for damaged or lost packages.
Please note that repeatedly requests for returns from the same customer can be considered abuse.

Refund
In case of requesting a refund, please note that the following taxes can not be refunded and will be deducted from your order value: standard or expres delivery costs (including free delivery promotions), custom duties, bank charges in case of bank transfer or card payment, potential losses due to currency rate fluctuations, other taxes if any.
In case of international delivery outside EU, we cannot refund custom duties, import tax, handling costs, and all other specific taxes which were imposed once a shipment reached your country and were invoiced separately through our logistic partner.
Refunds, except the above fees, will be arranged by card or bank transfer, in customer bank account, in a timeframe of 10 working days from receiving the return. Once you receive the email with the refund confirmation, please allow up to 15 working days for the refund to be credited to your account; this timeframe will depend exclusively on your bank or card issuer and it’s outside our control.
In case the recipient of the product does not correspond with buyer of the product, the refund will be arranged to the original buyer and credit card holder / the same account from which the bank transfer was made.
All refunds for Romania will be done in RON and all refunds for International delivery will be done in EUR.

Sales
All products from Sales section on smilingshoes.com are stock products.
According to law OUG 34/2014 article 9 (1) - "Except the cases presented in article 16, the consumer has the right to withdraw from a distance contract or a contract made outside commercial spaces within 14 days without any reason [...]."
All return fees and risks are completely on your expense and must be paid in advance.
 

CUSTOMER RELATIONS

For any suggestion, recommendation, observation, please write us at contact@smilingshoes.com or call us at +40726395963 from Monday to Friday between 9:00 – 18:00 EET (UTC/GMT +2 hours).

 

LEGAL INFORMATION


Copyrights. Trademark
All the content of smilingshoes.com, such as, but not limited to, design, text, graphics, logos, video and audio clips, images, button icons and the compilation thereof, software compilations, source coding and software, are property of SC Eldur Prod SRL and therefore protected by  Romanian and international copyright laws. Any use of this information without the written acceptance of SC Eldur Prod SRL is strictly forbidden and punished according to existing laws. Smiling Shoes brand and logo are trademarks and property of SC Eldur Prod SRL.
Customers using smilingshoes.com can make comments, communication, suggestions, or requests for information, as long as their content is not illegal, obscene, threatening, calumnious, does not affect intellectual property rights, do not contains viruses, mass spam or any other spam.
Any use of the information and material from the site, such as reproduction, modification, distribution, transmission, republication, display or performance, other than your own private use is strictly prohibited.

Links
SC Eldur Prod SRL shall not be liable for any use of or any content of internet sites that this site provides links to. Neither shall we be liable for use or content of any websites from which are linked to this site.

Information on smilingshoes.com
We make a great effort to avoid errors on the site, but information, text, images, graphics, video and audio clips and other site services may temporarily contain errors, be incomplete or incorrect. In such events - to the fullest extent permitted by law - we cannot be held liable for damages resulting hereof, unless such damage is the result of our gross negligence or wilful misconduct.

Disclaimer of Liability
We are only liable for damages when such damages result from our breach of contractual obligations towards you, or in the event our liability follows from applicable statutory law.
If any activities on smilingshoes.com have caused you damage, we shall only be liable for damage to the Smiling Shoes products, reasonable and verifiable costs incurred by you to find out the cause and amount of damages as a result of our breach of contract or liability under applicable statutory law; and reasonable and verifiable cost to prevent and diminish such damages.
We shall not be liable for any damages incurred by a third party resulting from use of our products. Neither shall we be liable for your improper use of any of our products. To the fullest extent permitted by law, we shall not be liable for any damages resulting from incorrect information on the site.
The limitations mentioned above shall not apply in the event you suffer damages resulting from our gross negligence or wilful misconduct.
We guard and respect our customers’ personal data and safety, although we cannot totally guarantee the security of information and payments transmitted online. To the fullest extent permitted by law, we shall not be liable for damages suffered as a result of the use of electronic means of interactions, such as, but not limited to, damages resulting from errors or delays in delivery of communication, interception or manipulation by third parties or by computer programs and transmission of viruses.

Changes
We reserve the right to revise and/or amend these Terms and Conditions without any previous notice. Your order will be subject to the Terms and Conditions valid at the moment of your order confirmation, except the situations when these changes are requested by law or governmental authority.

Governing Law
Without limiting your rights as a consumer under the laws of your country, these Terms and Conditions as well as all disputes or claims arising hereof and of using and/or placing an order on smilingshoes.com shall be governed by the laws of Romania. Any disagreements arrising from the usage of smilingshoes.com shall be settled amicably. If disagreements may not be solved amicably, they shall be subject to the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania, according to the regulation thereof.

Final Dispositions
Using and/or placing an order on smilingshoes.com means that you have accepted, without objections, our Terms and Conditions, this being equivalent with a generally accepted contract. Terms and Conditions from smilingshoes.com are according to Romanian law OUG 130/2000 & OUG 34/2014 regarding customer protections for closing and executing distance contracts and does not interfere with customer rights. 

Company Registration Information
SC ELDUR PROD SRL
Headquarter: Baranga St. no. 8, Valea Voievozilor, Razvad, Jud. Dambovita, postal code 137397, Romania
Showroom: Episcop Chesarie St. no. 8, district 4, Bucharest, Romania
Commercial Registry No J15/1486/1994
CUI RO6656404
Bank: ING Bank - Dambovita branch
Bank account RON: RO54 INGB 0000 9999 0314 6134
Bank: GARANTI Bank - Dambovita branch
Bank account RON: RO03 UGBI 0000 4420 0931 1RON
Bank account EUR: RO93 UGBI 0000 4420 0931 2EUR
SWIFT Code: UGBIROBU

 

SECURITY OF INFORMATION. PRIVACY POLICY


SC ELDUR PROD SRL knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This notice describes our privacy policy. Our privacy policy may be updated from time to time; we recommend that you check this page regularly to stay up to date on any changes we have made.

Confidentiality. Data Security
SC Eldur Prod SRL is fully committed to respecting the privacy and security of your personal information. We are responsible for the processing of your personal data obtained on smilingshoes.com and we will not disclose any information about you to third parties except when it is necessary for providing a service to you. By using smilingshoes.com you accept to include your personal information in our company’s data base data, and therefore we reserve the right to: Moreover, you give your permission to receive information from SC ELDUR PROD SRL for publicity purposes with the mention that you will only receive information from us if you opted in when you placed an order and/or if you signed up via the site. When you register with smilingshoes.com, the information actively entered by you will be stored and saved by SC ELDUR PROD SRL. If you change your mind, you can always opt out of receiving newsletters or any other service to which you have opted in. Any newsletter or promotion we send to you will contain an automated link, allowing you to opt out of that particular service.
At any time you are entitled to recall the consent you have given with respect to our use of your personal information. Furthermore, you have the right to access your information and to review, and/or modify the information in the event your information stored by us is incorrect, and/or to delete the information.
According to Romanian law no 677/2001 for consumer protection regarding their personal data processing and the free circulation of this data and Romanian law no 506/2004 for processing personal data and private life protection in electronic communication, SC Eldur Prod SRL is obliged to administrate securely your personal data and process them only for the above mentioned purposes.
SC Eldur Prod SRL does not encourage spam, does not sell, nor offer or trade the personal data obtained though this site.
SC ELDUR PROD SRL is registered in General Register from The National Supervisory Authority For Personal Data Processing under no. 20808/2013. 

Cookies Policy
In order to make the smilingshoes.com faster and attractive to its users, we use Cookies i.e. small files containing strings of characters that are sent to the user's computer when he/she uses the site. Information collected through Cookies allow for the customization of the services and content offered by smilingshoes.com according to the user's individual needs and preferences, and are used to develop general statistics regarding the use of the site by the user. Thanks to Cookies, the user's browser can be recognized by smilingshoes.com.
Any personal data collected and stored through use of Cookies is first obtained through notice and consent by providing the user with transparent notice of use of Cookies and with the opportunity to make a choice to disable such Cookies.
Most of the Cookies used by smilingshoes.com are deleted from the user's hard disk drive (“Session Cookies”) at the end of the user's session. Other cookies remain on the user's computer to help to identify it during the next visit (“Persistent Cookies”). You are free to block, delete, or disable these technologies if your device allows this. Users can manage their cookies and cookie preferences in their browser or device settings. Our Cookies don't store personal information such as your name, address or payment details: they only hold a reference that is linked with the way you use our site.

Here's a list of all the cookies we use, and what we use them for.
- Essential cookies – these cookies enable you to shop at smilingshoes.com. Without these cookies, you would be unable to add products to your basket, sign in to your account, change product image size and complete purchases on the site. 
- Analytics cookies – these cookies are used to monitor the performance of the site by using anonymised data (i.e. not traceable to any particular person) of how our site is used: what links people click on, what products are being viewed and bought, etc.
- Payment cookies – these cookies are used by our payment partner Mobilpay (www.mobilpay.ro) for payments.
- Social cookies – these cookies are set by the social networks (Facebook, Twitter, Google+, YouTube, Instagram, Pinterest, etc) and allow you to share content from smilingshoes.com with your friends on social networks. We don't control the setting of these cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them. In addition we enable you to share content from our site. The cookies to enable this are listed below. By disabling social cookies you will not be able to share content from our site.
- Email cookies - these cookies are dropped onto your web browser by our email provider to monitor the performance of our email campaigns. These cookies contain no personal information, and are solely for the purpose of displaying the most relevant smilingshoes.com product and offers to you.
Smilingshoes.com uses different systems offered by third parties to monitor the user's on-line activity, such as Google Analytics, the so-called web analysis service offered by Google Inc. Google Analytics uses cookies, i.e. text files placed on the user's computer enabling an analysis of how the site is used. Smilingshoes.com also uses standard web server log files to count persons visiting the site and to assess its technical capabilities. Smilingshoes.com uses this information to determine how many people visit the site in order to arrange it in the most user-friendly manner and to make the site simpler and more usable. By deciding to use the articles/services offered by smilingshoes.com, the user acknowledges the foregoing activities and agrees to them.

Other Websites
Our site may contain links to other websites which are outside our control and are not covered by this Privacy Policy. If you access other websites using the links provided, the operators of these websites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours. 


 
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