TERMS & CONDITIONS
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 Privacy and Cookies Policy. Any use of smilingshoes.com, visiting the site and / or placing an order, means that you agree to accept the general Terms & Conditions and Privacy and Cookies Policy mentioned below. So, please read them carrefully and in case of disagreement please do not use this site.
This general Terms & Conditions and Privacy and Cookies Policy 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:
- Size. Please choose your size after carefully studying the Size Guide and product’s specific instructions from the product page, left side, Size & Fit section. Sizes can slightly vary from on model to another. All the measurements are approximate. Selected model can slightly influence the size. All the sizes are in accordance with Italian size system.
- Heel and platform. Please choose your heel and/or platform after carefully studying the images and descriptions from the site. The heel and platform measurements are approximate and applicable for medium size. Heel shape can influence the model’s final look. Heel height is measured for size 37, measurements increases / decreases with each consecutive size. Heel height does not include toplift height.
- Colour. Please choose your colour/ colour combination after carefully studying the images and descriptions from the site. Colour/ colour combination can slightly influence the model’s final look. The colours are available while stock lasts. Small imperfections or slightly colour variations are considered qualities of a natural leather product.
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.
- Personalized ‘sur mesure’ service. For that extra personal touch, as part of the made-to-order service, Smiling Shoes offers you the opportunity to personalize some of the designs, to make them fit perfectly, and therefore we are drawing the patterns after your own measurements. Therefore, some of our products can be adjusted to better fit your personal characteristics – model adjustments, width adjustments, height adjustments, size adjustments, others. Please take into consideration that these products are personalized after your measurements and therefore cannot be returned / exchanged.
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 email@example.com.
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 on these Terms and Conditions and Privacy and Cookies Policy 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 some 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.
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 carefully our Privacy and Cookies Policy in order to be informed about the way we will use your personal data.
Your order confirmation is represented by an explicit confirmation email, as it follows:
- cash payment (on delivery) – the order is confirmed after checking your personal data and order details
- card payment (online) – the order is confirmed after checking your personal data, order details and payment confirmation from Mobilpay partner
- bank transfer – the order is confirmed after checking your personal data, order details and payment confirmation in our bank account
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.
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.
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.
- National delivery (Romania) – prices include VAT.
- International delivery in European Union (EU) – prices include VAT and other taxes – delivery duty paid.
- International delivery outside European Union (EU) – prices do not include VAT, custom duties and other specific taxes – delivery duty unpaid. Please note that custom duties, import tax, handling costs, and all other specific taxes which are imposed once a shipment reaches your country will be applied and invoiced separately through our logistic partner and shall be borne to you. By submitting your order you undertake to guarantee the import of the respective articles by paying and/or delivering the necessary information. Please be aware that import regulations vary from country to country. Please note that delivery costs will not be refunded. For binding information, please contact the customs office in charge before submitting your order.
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.
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.
- Cash payment on delivery is available only for Romania and it’s collected by the courier representative. Cash payment is not available in the showroom, cash payment is not available for orders’ value exceeding 113eur (500ron) or for products in sales.
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.
- Card payment - MobilPay™ partner. Accepted card: Visa, Visa Electron, MasterCard, Maestro, PayPal. Card payments are processed through MobilPay™ system and are extremely secure using 3D Secure System and encrypted connexions. MobilPay™ does not store your card information, when using online card payments your card information are sent through a securized encrypted connection directly to the processing bank and therefore all your personal information are save. Moreover, using 3D Secure System you can have an additional password especially for online payments and you can use it as an online PIN. The completion of your data is safe, so smilingshoes.com does not have access to your bank account details.
Please note that your billing address must be entered exactly as it appears on your bank statement.
- Bank transfer in our company’s account mentioned to you by email. All bank charges for the transfer shall be borne by you, the payer.
Loyalty discount is a fidelity incentive automatically generated in your personal account on smilingshoes.com, as it follows:
- 10% loyalty discount, automatically generated in your personal account, if your order’s value on smilingshoes.com exceeds the amount of 1000eur (4500ron)
- 10% loyalty discount, automatically generated in your personal account, if the total your orders’ value on smilingshoes.com during one month, starting from the date of your first order, exceeds 1000eur (4500ron)
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:
- discounts are applicable only to customers with personal account on smilingshoes.com
- if your order's value is smaller than your discount's value, the difference is not refundable and is not saved for future orders
- if your order's value is bigger than your discount's value, the difference must be paid cash, card or through bank transfer
- discounts are applicable only to online orders
- discounts are applicable only to products' price and they are not applicable to delivery costs or any other costs
- loyalty discount is applicable only one time for an order (either the discount for order exceeding 1000eur (4500ron), either the discount for the total value of the orders exceeding 1000eur (4500ron) during one month starting from the date of your first order)
- birthday discount is valid 30 days from issuing date
- birthday discount is generated yearly only if the details (birthday section) form your personal account on smilingshoes.com are complete
- newsletter discount, in case of new clients, is valid 15 days from issuing date
- newsletter discount is generated automatically only during promotion periods and only by entering the email address in the promotion's pop up window from homepage
- discounts can not be cumulated with other discounts and promotions
- discounts are not transferrable and can not be exchanged for cash, they are valid only in their user personal account
- products acquired with discounts cannot be changed or replaced with other products
- products acquired with discounts are subject to general Terms & Conditions from smilingshoes.com
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.
- Choose the printed Gift Card and after payment confirmation, in up to 5 working days, we’ll dispatch the Gift Card. Please fill in the delivery information according to your intentions – recipient’s delivery information in order to send the Gift Card directly to her / your delivery information in order to send the Gift Card to you. Please note that delivery costs are not included in the Gift Card value.
- Choose the virtual Gift Card and after payment confirmation, in just few seconds, the virtual Gift Card with an unique identification code will be emailed to the recipient.
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:
- Smiling Shoes Gift Card have the minimum value of 23eur (100ron)
- Smiling Shoes Gift Card can be used for buying any product on smilingshoes.com, in the limit of their value
- Smiling Shoes Gift Card can be used up to 3 months from its acquisition date
- Smiling Shoes Gift Card can be used only by the recipient
- Smiling Shoes Gift Card can be used only once, it can not be returned or exchanged a refund
- Smiling Shoes Gift Card cannot be acquired using discount codes
- if the order's value is bigger than Gift Card's value, the amount with plus must be paid cash, card or through bank transfer
- if the order's value is smaller than Gift Card's value, the amount with minus is not refundable and is not saved for future orders
- all returned products that were paid with a Gift Card will not be refunded as a eshop credit for you to use against a future purchase
- products acquired with Smiling Shoes Gift Card are subject to general Terms & Conditions from smilingshoes.com
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:
- sales are available a limited period of time
- sales are available only for online orders
- sales are available only for products / product categories mentioned on the site
- sales cannot be cumulated with other discounts and promotions
- products acquired on sales must be fully paid in advance, in maximum 5 days from the date of the order
- delivery costs for products acquired on sales are not part of the promotion and must be paid by the customer
- products acquired on sales cannot be changed or replaced with other products
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.
National and international delivery
Smilingshoes.com is shipping national and international through its courier partner (door-to-door delivery).
- International delivery in EU: Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, United Kingdom, Netherlands, Poland, Portugal, Slovakia, Spain, Sweden, Hungary.
- International delivery outside EU: coming soon.
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 firstname.lastname@example.org.
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.
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.
- Standard delivery - production time is up to 10 working days from your order confirmation (payment), based on our production availability.
- Expres delivery - production time is 5 working days from your order confirmation (payment), based on our production availability.
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
- Transit time to destination for national delivery, in working days: 1-3 days.
- Transit time to destination for international delivery in EU, in working days, as it follows: Austria 3 days, Belgium 5 days, Bulgaria 2 days, Czech Republic 4 days, Cyprus 7 days, Croatia 6 days, Denmark 5 days, France 5 days, Germany 4 days, Greece 4 days, Ireland 6 days, Italy 4 days, Luxembourg 5 days, United Kingdom 6 days, Netherlands 5 days, Poland 4 days, Portugal 6 days, Slovakia 2 days, Spain 6 days, Sweden 6 days, Hungary 2 days.
- Transit time to destination for international delivery outside EU, in working days: coming soon.
As soon as we have shipped your order you will receive an email with your shipping confirmation and a tracking link.
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.
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:
- national delivery – maximum 7eur (30ron) if your order’s value is less than 113eur (500ron); free if your order’s value is over 113eur (500ron), but not applicable for discounted products.
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.
- international in EU – as it follows: Austria 26eur, Belgium 26eur, Bulgaria 26eur, Czech Republic 26eur, Cyprus 35eur, Croatia 46eur, Denmark 26eur, Francce 26eur, Germany 26eur, Greece 26eur, Ireland 50eur, Italy 26eur, Luxembourg 26eur, United Kingdom 26eur, Netherlands 26eur, Poland 26eur, Portugal 35eur, Slovakia 26eur, Spain 26eur, Sweden 35eur, Hungary 26eur.
- international outside EU – coming soon.
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.
- International delivery in EU – prices include VAT and other taxes – delivery duty paid.
- International delivery outside EU – prices do not include VAT, custom duties and other specific taxes – delivery duty unpaid. Please note that custom duties, import tax, handling costs, and all other specific taxes which are imposed once a shipment reaches your country will be applied and invoiced separately through our courier partner and shall be borne to you.
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.
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.
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 we will replace the products with identical products or, if not possible, we will issue 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.
If it’s your first order on smilingshoes.com and you didn't try our products, 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 email@example.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:
- prepare your products for delivery - the package must be dispatched in a timeframe of 5 days from receiving the return confirmation on the email. Please note that the package must be returned to the address mentioned in the Return Form, we do not accept returns at the showroom.
- check if your package meets all the returning conditions
- call the courier
- keep the sending confirmation (AWB)
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.
- If your returned package is exceeding the 5-7 days dispatch timeframe (calculated from return confirmation on the email), the products are damaged and/or the Return Form is missing / incomplete, we reserve the right to decline your return and/or have the products redelivered to you, exclusively on your expense.
- If your returned products are without / with damaged original box, without / with damaged original labels, without the safety tag attached, we reserve the right to deduct the sum resulted from the decrease in value of the returned products or to have the products redelivered to you, exclusively on your expense.
- In case of a declined return as we have to redeliver the products to you and should you refuse to accept the returned package, we reserve the right to keep the products and the corresponding amount that was paid.
- In case of an exchage, exchanged products will be dispatched in a timeframe of 5-7 working days from receiving the returned products. Please note that you can not exchange a product for a different product.
- In case of a refund, refunds will be arranged in a timeframe of 10 working days from receiving the returned products.
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.
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.
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.
For any suggestion, recommendation, observation, please write us at firstname.lastname@example.org or call us at +40726395963 from Monday to Friday between 9:00 – 18:00 EET (UTC/GMT +2 hours).
All the content of smilingshoes.com, such as, but not limited to: images, photos, illustrations, texts, video and audio clips, drawings, icons, logos, trademarks, scripts, source coding and software, are property of SC Eldur Prod SRL and therefore protected by Romanian and international copyright laws. Downloading and copying the materials is only allowed for personal, non-commercial purposes; any other use of the information and material from the site, such as reproduction, modification, distribution, transmission, republication, display or performance, other than your own private, non-commercial, use, without the express written acceptance of SC Eldur Prod SRL is strictly forbidden and punished according to the existing laws.
Smiling Shoes brand and logo are trademarks and property of SC Eldur Prod SRL.
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.
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 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.
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.
We reserve the right to revise and/or amend these general Terms & Conditions and Privacy and Cookies Policy without any previous notice. Your order will be subject to the Terms & Conditions and Privacy and Cookies Policy valid at the moment of your order confirmation, except the situations when these changes are requested by law or governmental authority.
Without limiting your rights as a consumer under the laws of your country, these Terms & Conditions and Privacy and Cookies Policy 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.
Using and/or placing an order on smilingshoes.com means that you have accepted, without objections, our general Terms & Conditions and Privacy and Cookies Policy, this being equivalent with a generally accepted contract. General Terms & Conditions and Privacy and Cookies Policy 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 your customer rights.
Company Registration Information
SC ELDUR PROD SRL
Headquarter: Baranga St. no. 8, Valea Voievozilor, Razvad, Jud. Dambovita, postal code 137397, Romania
Commercial Registry No J15/1486/1994
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
PRIVACY AND COOKIES POLICY. SECURITY OF INFORMATION
We respect the privacy rights of our users and recognise the importance of protecting the information collected about them. This Privacy and Cookies Policy is to fully inform you about how we collect, store, and use your personal data provided on smilingshoes.com.
Smilingshoes.com is owned and managed by SC Eldur Prod SRL, a Romanian limited liability company having its headquarters located in 8 Baranga St, Valea Voievozilor, Razvad, Dambovita, registered with the Trade Registry with no. J15/1486/1994, Registration Code RO6656404, telephone number 0726395963, email address email@example.com.
This Privacy and Cookies Policy is part of the general Terms & Conditions available at https://smilingshoes.com/ro/brand/terms-and-conditions.
Smilingshoes.com reserves the right to update this Privacy and Cookies Policy from time to time, we recommend that you check this page regularly to stay up to date on any changes we have made. Any amendments that will be brought to this Privacy and Cookies Policy will enter into force immediately at the time when they are posted on the site. Smilingshoes.com will inform the users of the respective change on the site or, if possible, via email. Notwithstanding the aforementioned, in case the user continues to use the site, after any changes have been made to the Privacy and Cookies Policy, it will be considered that the user has agreed with the performed changes.
Please note that by accessing and using Smilingshoes.com, you consent unconditionally to our Privacy and Cookies Policy and general Terms & Conditions. In case you disagree with any of the terms and conditions of this Privacy and Cookies Policy and the general Terms & Conditions, you are strongly advised to discontinue the use of smilingshoes.com.
Personal data will be collected and processed by smilingshoes.com based on the express and unambiguous consent granted by the user on the basis of a separate declaration of consent (in connection with the registration to the site) and through the acceptance of the general Terms & Conditions available at https://smilingshoes.com/en/brand/terms-and-conditions and this Privacy and Cookies Policy.
"Personal data" are defined by law as "information concerning the personal or material circumstances of an identified or identifiable natural person". The user's personal data will be collected and processed by smilingshoes.com in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 issued by European Parliament and Council on April 27th 2016 with regards to regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The user's personal data will be collected and processed by smilingshoes.com in accordance with the Romanian laws in force and mainly in accordance with Law no. 677/2001 on the protection of individuals with regard to the processing of personal data (the “Personal Data Law”), Order of the Romanian Ombudsman no. 52/ 2002 approving the minimum requirements for the security of personal data processing (“Order 52/2002”), and Law no. 506/ 2004 regarding personal data processing and private life protection in the electronic communications field (“Law 506/2004”).
Smilingshoes.com acts as a personal data collector, within the meaning of the personal data Law, and is registered with the Romanian National Supervisory Authority for Personal Data Processing in the Registry of Personal Data Processing under no. 20808/2013. More information about this Registry and Personal Data are available at www.dataprotection.ro.
Smilingshoes.com collects and processes the users' personal data for the following purposes: to register or subscribe for one of our services; to finalize the ordering process, to customize your shopping experience, to enter into and execute the contract like placing an order, buying a giftcard, use our services; to validate, send and invoice the users’ orders; to settle cancellations or issues of any nature related to an order and/or contract; to send regular electronic newsletters and/or alerts; to personalize, value, improve services and content; to interact with us in any other way such as via social media, click on an advert that we put on our or someone else’s website, use our personal shopping services, ask for information or assistance on live chat, give us a testimonial or other feedback, comment on any blogs or articles featured in our services, attend an event that we run or sponsor, enter competitions or special promotions, sign up for our special offers or other updates; for statistical and marketing purposes; to send the data to smilingshoes.com email dispatch service for enabling correspondence through emails. By registering, subscribing or using our services, you consent to the use of your personal data in line with this Policy.
Smilingshoes.com collects the following personal data from its users: first name, last name, email address, shipping and billing address including the country, telephone number, email address, CNP, birth’s date, company details, password details, payment details (bank account number, name of the bank, etc), information about the products (size, heel, colour, other details, etc), emails and chat conversations, in order to intermediate or execute the contract, as the case.
Users do not have to provide any of the personal data requested. However, failure to indicate any of such data may prevent smilingshoes.com from performing, in whole or in part, any of its services or obligations provided on the contract and/or the users will not be able to use the site properly.
Users' personal data will be processed for sending commercial information, for example by means of the newsletters to the users. The number of newsletters sent by smilingshoes.com may vary but usually, smilingshoes.com sends up to 5 (five) emails containing commercial information per week. However, in certain situations smilingshoes.com may send a lot less/more emails containing commercial information, including, but not limited to newsletters and special actions emails. At any time the user will have the right to request a discontinuation of receiving such emails and revoke the consent with effect for the future by clicking on the unsubscribe link provided at the bottom of each newsletter. We also collect and use users’ personal data submitted to us when using the contact form and zendesk live chat, for the purpose of processing users’ inquiries.
The main rights of any user in connection to its personal data are the following: the right to be informed with regard to the purposes of the personal data processing; the right to obtain from smilingshoes.com free of charge, once a year, the confirmation of the fact that personal data that concern them are or not processed by smilingshoes.com and to that purpose the user shall address smilingshoes.com a written application, signed and dated; the right to obtain from smilingshoes.com, free of charge and upon filing with smilingshoes.com a written application, signed and dated: (a) the rectification, updating, blocking or deletion of the data whose processing is not in accordance with the law, especially of the data which is incomplete or inaccurate; or (b) the rendering anonymous of the data whose processing is not in accordance with the law; and (c) the notification of third parties to whom personal data subject to the operations mentioned in item (a) and (b) has been disclosed, if this is not impossible or disproportionate as compared to the interest thus affected; the right to object any time that personal data regarding the user are subject to processing; the right not to be subject to an individual decision; the right to address a court of law in case her/his rights under the personal data law are disregarded; the right to request smilingshoes.com to cease using their personal data for direct marketing or to be disclosed to any third party in that purpose.
At any time users will have the right to access and modify his/her personal data, as well as to revoke his/her consent for processing of his/her personal data or to object to receiving the commercial information referred to above, without giving any reason. For revocation or objection related to personal data processing the user must use the ‘delete’ button from his/her personal account in case the user has a personal account and/or send an email to firstname.lastname@example.org in case the user does not have a personal account. For revocation or objection related to personal data processing for marketing purposes the user must unsubscribe by clicking on the unsubscribe link at the bottom of the newsletter. After the revocation of the consent or expressing the objection, the user's personal data will no longer be used for the given purposes. Users may access and/or modify his/her personal data by making direct changes after logging on to his/her personal account on smilingshoes.com and/or by sending an email to email@example.com.
To provide the site and our services, we work with a number of carefully selected third parties and we may share your information with these third parties in the following limited circumstances. Smilingshoes.com may provide the users' personal data to the entities entitled to receive them under applicable laws, to carefully selected third parties involved in the conclusion and performance of the contract (e.g. Mobilpay, Banks, PayPal, couriers, Hostvision, Webfuture, Zendesk live chat, Mailchimp, Retargeting, company’s accountants and operators, Arimon, etc), as well as to provide the personal data to trusted companies or persons on the basis of appropriate agreements for the purposes of storage, sending of the newsletter and execution of marketing campaigns to maintain the relationship with the user on behalf of smilingshoes.com. Entities entrusted with the processing of personal data based on a separate agreement are obliged to comply with the principles of personal data confidentiality and security, in particular, not to make the data available to unauthorized persons, and to use physical and technical security measures appropriate to the method of personal data processing. Smilingshoes.com shall provide the user at his/her request with detailed information about the entity entrusted with the personal data processing, the scope and date for the data transfer.
Given the fact that the market of monitoring services is growing rapidly, smilingshoes.com is trying to inform the users about the use of services provided by new entities in this respect, and the user agrees to the provision of such services in the future also by other companies. At the same time, smilingshoes.com informs that the user may at any time revoke his/her consent in this regard, by changing the settings of his/her web browser, in accordance with the procedure set out below.
Our cookies don't store sensitive 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 use and shop on 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. If you would prefer not to accept these cookies, you can change your browser settings to do this.
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.com) for payments with credit card.
Social cookies – These cookies are set by the social networks (Facebook, Twitter, Google+, YouTube, Instagram, 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: twitter.com - various cookies against this domain; facebook.com - various cookies against this domain; google.com - various cookies against this domain; pinterest.com - various cookies against this domain; instagram.com - various cookies against this domain.
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 products and offers to you.
With the purpose of profiling, tracking and sending personalised communications and offers, we are using Retargeting.biz (with its registered office in 178 Vasile Lascar Street, 2nd floor, District 2, Bucharest, Romania, VAT Number: RO34270947, Identification Number: J40/3525/23.03.2015, email: firstname.lastname@example.org, phone: +40727383165), a marketing automation software dedicated to e-commerce.
These activities do not have a legal effect or a similarly significant effect on the users. The only consequence of using this profiling is for the user to receive discounts and personalized marketing offers. The user may opt-out of this profiling or from receiving commercial communication, with no effect, other than not receiving these discounts or personalized marketing offers.
For the purposes of the processing, monitoring activities (profiling) and interaction on the website, Retargeting.biz needs to automatically collect and store the following personal data: client’s email address, phone number, name, sex, address, hometown, date of birth, order ID, county, discount code, discount code value, order value, shipping costs, products’ prices, products’ variations, IP, browser, device, OS, cookie, location due to IP, timestamp, viewed pages, categories, brand, product, click on image, mouse over cart, mouseover price, scroll up & down, add to cart, remove from cart, variation selection, add to wishlist, comment, Facebook Likes, Help page visit.
The groups of persons targeted are visitors, registered users and clients of this website, as appropriate, accordingly to the chosen service. Visitors data will be stored for 2 months, registered users and clients data will be stored for 3 years.
While providing the Service to the Customer, Retargeting.biz uses third party service providers (subcontractors) located in EEA and USA ( only for push messages), and the transfer of personal data is based on EU-US Privacy Shield; the data is retained/stored only during the contract between the two parties.
Cookies: this website will have to use a first party cookie and will grant access to Retargeting.biz to that information. This cookie is placed by this website and thus it can be used only in connection to this website. Consequently, a connection between the internal tracking of the users on this website and the tracking on other websites is not technically possible, through this cookie. To unsubscribe or opt-out from Retargeting.biz please send an email to email@example.com.
Security of Information
According to the requirements of General Data Protection Regulation (GDPR) (EU) 2016/679 issued by European Parliament and Council on April 27th 2016 with regards to regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, SC Eldur Prod SRL, a Romanian limited liability company having its headquarters located in 8 Baranga St, Valea Voievozilor, Razvad, Dambovita, registered with the Trade Registry with no. J15/1486/1994, Registration Code RO6656404, telephone number 0726395963, email address firstname.lastname@example.org, as controller, bears the obligation to manage under strictly confidential and safety conditions and only for the specified purposes the personal data that you provide about yourself.
Keeping you and your personal information secure is very important to us. We will apply insdustry standard security measures to ensure adequate protection of your data, including: using a Secure Socket Layer (“SSL”) to encrypt the personal data that you send us during the order process; requiring you to establish a password to access your account on our site; not keeping details of your credit or debit card; and regularly monitoring our servers and IT systems for possible vulnerabilities and attacks. Unfortunately, despite this, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal data transmitted to or through our site and any such transmission is at your own risk. In particular, please keep in mind that if you voluntarily disclose personal information online in a non-protected environment (such as a message board, shopping list, phone or chat areas) then that information can be collected and used by others outside of our or your control. Upon request, smilingshoes.com shall provide access to current and detailed information about technical measures used to prevent unauthorized persons from acquiring and modifying the personal data sent by the user electronically. Mobilpay and PayPal, as payment processors, shall collect directly on their own secured sites personal data necessary for the performance of payments.
The purpose of data collection consists of:
- use the information for the purpose of which you have entered it
- use the information to execute the contract
- use the information to personalize and improve the site and make your shopping experience more convenient. The information allows us to deliver the type of content and product offerings in which you or our other customers in general are most interested. We also use the information to learn about our customers and be able to develop and provide tailored specific features.
- use the information for marketing and communication purposes
- provide the information for the sole purpose of operating our business, to suppliers or third party processors (such as payment companies, customer service providers, hosting and web develpoment companies, communication companies, retargeting companies, shipping companies, company accountants, etc) which may process your information, but only to the extent that it is needed to assist smilingshoes.com business and to execute the contract.
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. Your refusal shall have as a result the incapacity of smilingshoes.com to perform its services and to execute the contract properly. Data that are still required to complete the services requested by you, especially the performance and completion of contracts, cannot be deleted. The data will be deactivated upon termination of the contract, and furthermore will be deleted once the applicable retention period provided by law (for example for accounting purposes) or contract has expired.
According to General Data Protection Regulation (GDPR) (EU) 2016/679 issued by European Parliament and Council on April 27th 2016 with regards to regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data you have the right to access, to intervene over the data, the right not to be subject to an individual decision and the right to address yourself to justice. You have the right to oppose yourself to the processing of personal data that concern you and to request the delete of such data. In order to exercise these rights, you may address a written request, dated and signed, to Customer Support at SC Eldur Prod SRL, located in 8 Baranga St, Valea Voievozilor, Razvad, Dambovita, registered with the Trade Registry with no. J15/1486/1994, Registration Code RO6656404, telephone number 0726395963, email address email@example.com. SC Eldur Prod SRL does not encourage spam, does not sell, nor offer or trade the personal data obtained though smilingshoes.com.
By using smilingshoes.com you agree to have your personal data processed to the extent and in the manner described above and for the aformentioned purposes and grant the below express consent to smilingshoes.com property of SC Eldur Prod SRL: “Based on Art. 5, Par. 1, of the Personal Data Law, I grant my express, unambiguous, specific and informed consent to the processing of my personal data (specified in the registration form or at the purchase of articles and services) by, SC Eldur Prod SRL, a Romanian limited liability company having its headquarters located in 8 Baranga St, Valea Voievozilor, Razvad, Dambovita, registered with the Trade Registry with no. J15/1486/1994, Registration Code RO6656404, telephone number 0726395963, email address firstname.lastname@example.org, for all purposes related to the operation of the www.smilingshoes.com shopping platform, including, the execution of contract, the management and use of the user's accounts and promoting services. I am aware of my right to access my personal data as voluntarily provided to SC Eldur Prod SRL and of all my other rights as data subject in accordance with Art. 13 and the following of the Personal Data Law. I further grant my express, unambiguous, specific and informed consent to the transfer of my personal data (specified in the registration form or at the purchase of articles and services) by SC Eldur Prod SRL to personal data controllers and/or personal data processors located in EU. I am aware that failure to provide personal data may significantly hinder or prevent the proper operation of the www.smilingshoes.com shopping platform. I agree to receive sales offers or promotional materials by email related to the products/services offered by SC Eldur Prod SRL including newsletters. I am informed that should I no longer wish to receive emails from SC Eldur Prod SRL, I can unsubscribe by clicking the unsubscribe link at the bottom of the email sent to me”.