Terms and Conditions
These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred to in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website http://www.koel.shoes, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Services").
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "KOEL", "we", "us" or "our", we mean KOEL SHOES INTERNATIONAL Lda. or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) About us
We are KOEL SHOES INTERNATIONAL Lda. and, along with certain of our affiliates, we operate the Website. KOEL SHOES INTERNATIONAL Lda. is a company registered in Portugal and our registered office is at Rua de Santa Maria 3211, Sernande, 4650-451 Felgueiras. Our registered company number and VAT number is PT515990876.
We, along with certain of our affiliates, provide the services to you through the website. Further details of the services we provide are set out in section 3 below. When you purchase products using the website, you are purchasing them from KOEL. It is important that you understand that the contract for the purchase of the products is between you and KOEL. We are acting as agents on behalf of the Partners, which are the principals. Further details about the products and the contract of your purchase of the products are set out in sections 5, 6, and 7 below.
3) Our Services
The services we offer allow you to search through the Website and purchase products from our brand worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products and providing you with customer service assistance. The specific KOEL entity procuring such services will depend on your location.
Koel Shoes International Lda. or one of its affiliates manages and runs the Website platform and provides the Services for sales made to customers all over the World
This means that we, Koel, are legally responsible for selling the products to you.
Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us to deliver products on behalf of KOEL. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from KOEL.
In order to use the Services you must be over 18 years of age.
4) Our liability to you concerning the Services.
If in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
5) The products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, we cannot guarantee that all details are always accurate, complete, or error-free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflects the true color of the products.
We do not allow to offer of flawed items or products of lower quality than the corresponding market standards for sale on the website. If an item you have ordered is not as described, is flawed, or is of a lower quality, you can return it to us and we will liaise to process the return. Once the item is received by us, you will receive a full refund of the defective item, or a discount, replacement, or repair for the item where possible, decided by us on a case-by-case basis. We offer the possibility to request a Pre-paid label by DHL or you take the refund costs from another carrier of your choice.
Please see section 9 below for details on how to arrange a return.
As a consumer, you have legal rights concerning products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The products sold are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business, or resale purposes. You further agree that you will not export, re-export, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. We have no liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
6) Orders, prices, payments, and taxes
The steps you need to take to place an order are explained in the Help Center section.
Completing the check-out process and placing an order by clicking the "Place Order" button on the checkout page. Your order for the products is subject to these Terms and Conditions which are incorporated into the contract. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available. Legal title to the product purchased will pass to you upon your payment being accepted. The risk in the product will remain with KOEL (as applicable) until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order on each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).
(a) Formation of the contract between you and us (KOEL). Koel’s identity is shown on the order confirmation page when you place an order.
When you place an order, you will receive an email confirming receipt and acceptance of your order. The contract between you and KOEL will be formed when we send this confirmation email. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and KOEL (please see section 9 below for further information on your rights to cancel the contract).
(b) Pricing, availability, and taxes
While we try and ensure that all details, descriptions, and prices that appear on the Website are accurate, as this information is provided by us, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be treated as canceled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
The delivery costs may vary depending on the products that you have ordered and your delivery address. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, we do not have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order.
For customers outside the EU, KOEL may charge and collect applicable sales or use taxes on purchases made through the website. Even if no sales or use tax is collected, your purchase may be subject to sales or use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
When you submit your order, we carry out a standard pre-authorization check on your payment card on behalf of the relevant Partner, and products will not be dispatched until the details you have provided are verified.
The specific group company arranging for your payment to be processed will depend on your location. KOEL will procure the payment processing Services.
In the unlikely event that KOEL encounters a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Partner, and the Partner reserves the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn, or is otherwise not available, or if we are unable to obtain authorization for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by KOEL so your order may arrive in multiple deliveries and at different times.
If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
In certain circumstances, our delivery service partner may provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leaving with a neighbor, reception, or security: re-directing the delivery to a neighbor, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that KOEL shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
8) International Delivery
Details of the countries we deliver to can be found on our Shipping and Payment page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.
If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
9) Returns and Cancellation
Please see our Returns & Refunds Page for information on returns. For further information on canceling your order under the CCRs, please see below.
Please note that in certain cases KOEL may reject your return of a product and KOEL may, at its sole discretion, choose to purchase the product from you. You agree that legal title to such product will automatically pass to KOEL (or its relevant group company) upon KOEL (or its relevant group company) choosing to purchase such product from you.
Canceling under the Consumer Contracts Regulations
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 ("CCRs") or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order.
Once the products are returned to KOEL you will receive a full refund, including the original delivery costs; However, you will be liable to arrange and cover the full cost of returning the order to KOEL. Please note, our Returns & Refund Policy is not available for orders canceled under the CCRs.
Except in relation to certain types of products, as set out in the Returns Policy, you may cancel a contract at any time before your order is delivered and up to 14 days afterward, beginning on the day after you received the products ("cooling-off period").
To cancel a contract, you must clearly inform us, preferably:
- By telephone at +351-255-340-680, giving us your name, address, and order reference; or
- By completing and returning the cancellation form and sending it to the address set out in the form.
If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 14 days after the day on which you notify us of the cancellation, and ensure the item(s) comply with the conditions of our Returns Policy.
If you cancel a contract between us within the 14-day cooling-off period, we will process the refund due to you as soon as possible. In any case, your refund will be completed within 14 days after the day on which KOEL received your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to KOEL’s address. You will have to bear the full cost of returning the product(s) to the KOEL.
10) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
(a) Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures, and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.
(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged, or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national, or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene, or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy, or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience, or needless anxiety to any person.
Breaching these provisions would constitute a criminal offense under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages, and losses (excluding any indirect, incidental, or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
(c) Third Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate, and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services, or Third Party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(e) Our liability concerning the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties, or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date, or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the KOEL’s supply of the products to you.
12) Intellectual property, software, and content
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights, and database rights laws. All such rights are reserved.
You must not systematically extract and/or re-utilize parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks, and images of third-party products, services, and/or locations featured on the Website are in no way associated, linked, or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
13) Ethical sourcing policy
As a reputable and trusted business committed to offering its customers high-quality products, we recognize our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment that protects their employees' health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health, and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.
We will never knowingly allow a Partner to offer its products on the Website if such products are sourced from countries that are in breach of these principles. We also look to the Partners and other suppliers to instill these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Partner's and other suppliers' supply chains, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognize the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.
In order to address the changing needs of our customers, products made from fur or endangered species are no longer available on the KOEL.SHOES Website. Fur products are defined as products made entirely from furs or made with fur trims. (In addition, from April 2022, we will no longer sell or market products made from or containing angora fur). We also require all exotic skin products listed to have CITES certification and will not allow the listing of exotic skin unless permitted according to CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) and IUCN (International Union for Conservation of Nature).
14) Kidswear policy
KOEL’s Kidswear product safety policy sets out guidelines to highlight the types of products that KOEL might be restricted to sell via the KOEL.SHOES platform due to product safety restrictions. Our policy states that it is KOEL’s responsibility to ensure that the goods they sell comply with all applicable product laws and regulations, such as Flammability Standards, Certificates of Compliance, and Tracking Labels. Our Customer Service Advisors can assist if you require additional information.
15) KOEL’s invitation-only Sales
As this is an exclusive event just for you, details must not be shared or advertised in any way, including, but not limited to, on any website, blog, social media account, a messaging application, email, word of mouth, etc. Affiliate partners must not promote this event as per network terms and conditions. KOEL reserves all its rights (including where it is known or suspected you have passed these details on), which may involve suspending your account and/or voiding your transactions for the duration of the Sale. KOEL reserves the right to withdraw this offer at any time without notice.
16) Final Sale
"Final Sale" items are not subject to KOEL's standard return policy and may not be returned. Any return or refund of 'Final Sale' items purchased from KOEL.SHOES are made at Koel's absolute and sole discretion, subject to applicable laws.
17) Other important information
We reserve the right to close your KOEL account or restrict future orders at any time at our sole discretion.
Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
3) Entire agreement
These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control - We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes, or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you, and (ii) our obligations to you will be suspended for the duration of the event. Where the event affects the delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
18) Governing Law and Jurisdiction
Anything related to your order, use of the Websites, or these Terms and Conditions are governed by EU and Portuguese law. The courts of Portugal shall have exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
19) Terms applicable to purchases from KOEL.
1) About us
“We are Koel Shoes International Lda. (KOEL) and we operate the Website. We are a company registered in Portugal and our registered office is at Rua Santa Maria, nº 3211, 4650-451 Felgueiras Portugal. Our registered company number is 515990876 and our VAT number is PT515990876. We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below.
When you purchase products using the Website, and the goods are in the EU at the point of sale, Far will invoice you directly for the product and associated delivery services. Where the goods are in Portugal, we Koel Shoes International Lda. will invoice you directly for the product and associated delivery services. In such cases, the provisions of Article 14(2)(c) and Article 28 (as applicable) of the EU VAT Directive 2006/112/EC will apply for EU VAT purposes. This does not change the underlying contract governing the supply of goods from KOEL to you and all your statutory rights are unaffected. Further details about the products and the contract between you and the KOEL in relation to your purchase of the products are set out in sections 5, 6, and 7 below.”
2) The contract for the purchase of the products is between you and KOEL.
KOEL using the Website has and maintains reasonable business policies. If you are unhappy with the product or service you have received from KOEL, you should contact us and we will liaise to try and resolve the issue.
3) Pricing and availability
Whilst we try and ensure that all details, descriptions, and prices that appear on the Website are accurate, as this information is provided by KOEL, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be treated as canceled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
4) Shipping Information
Please see the “Shipping & Payment” page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).
Please see the "Which payment methods do you accept?" section of our FAQs for details of our available payment methods. When you submit your order, we carry out a standard pre-authorization check on your payment card and products will not be dispatched until the details you have provided are verified. For information on when your payment will be debited from your account please see the "When will my card be charged?" section in our FAQs.