Terms and conditions
CONDITIONS OF PURCHASE AND USE TENDENNCIASONLINESTORE.COM
1. INTRODUCTION
This document (together with the documents mentioned in the annex) establishes the conditions that determine the use of this website (tendenciasonlinestore.com) and the purchase of products on it (hereinafter "Conditions").
We ask that you carefully read the conditions, our cookie policies and our privacy policy before using this website. When using this website or placing an order through it, the customer is aware that they must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the conditions and privacy policies, you should not use this website.
These conditions may be changed, it is your responsibility to read them periodically, as the conditions in force at the time of using the website or concluding the contract (as defined below) are those that will apply.
If you have questions regarding the conditions or privacy policies, you can contact us using our contact form.
The Contract may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
This website is run under the name TENDENCIES by OUTRA HISTÓRIA DE MODA - COMERCIALIZAÇÃO DE MODA E CALÇADO, LDA, a limited liability company, with registered office at Avenida Dr. Teófilo Carvalho dos Santos, n.º188, 2720-211 Amadora, registered at Lisbon Commercial Registry Office, under number 510 239 765, which is also the identification number of a legal entity, with share capital of €1,500.00 (one thousand and five hundred euros), and the email mp.grupotendencias@ gmail.com
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or data provided by the customer will be treated in accordance with the provisions of the Privacy Policy. By using this website, the customer is consenting to the processing of said information and data and declares that all information or data provided to us is true and corresponds to reality.
4. USE OF OUR WEBSITE
When using our website and/or placing orders through it, the customer undertakes to:
4.1. Use this website only to make legally valid inquiries or orders.
4.2. Do not place any false or fraudulent orders. If, rationally, we can consider that an order of this nature was placed, we will be authorized to cancel it and inform the competent authorities.
4.3. Provide us with your email address, postal address and/or other contact details, truthfully and accurately. You also consent to the use of the information provided to contact the customer (if necessary, consult our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to process your order.
When placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.
5. CELEBRATION OF THE CONTRACT
To place an order, you must follow the online purchase procedure and click on “Authorize Payment”, and first you must read and accept these Purchase Conditions. By doing so, you are entering into a purchase and sale contract with us (the “Contract”). You will subsequently receive an email acknowledging receipt of your order (the “Order Confirmation”). You will also receive an email in which we will confirm that your order has been shipped (the “Delivery Confirmation”). An electronic ticket with the details of your order must be attached to the Delivery Confirmation (the “E-ticket”).
6. AVAILABILITY OF PRODUCTS
All product orders will be subject to availability. In this sense, if there is any difficulty regarding the supply of products or if there are no items in stock, we will inform you immediately of their unavailability, and we will refund any amount you may have paid within 30 days.
7. DELIVERY
Without prejudice to the provisions of Clause 6 above, regarding the availability of products, and unless extraordinary circumstances occur, we will attempt to ship the order relating to the products mentioned in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if not No delivery date has been specified within 30 days of the Order Confirmation date.
However, delays may occur for any of the following reasons:
• product customization;
• specialized articles; • unforeseen circumstances; or
• problems in the delivery area.
Regarding the virtual gift card, we deliver it on the date indicated by you when placing the order.
If we are unable to meet the delivery date for reasons beyond our responsibility, we will inform you of this circumstance giving you the option to continue with your purchase, establish a new delivery date, or cancel the order with a refund. total amount paid, without prejudice to all other rights that you may have under applicable legislation. In any case, we do not deliver on Saturdays or Sundays, except in the case of the virtual gift card, which will be delivered on the date indicated by you.
According to these conditions, “delivery” must have been made or the order
“delivered” when the customer or a third party indicated by them is physically in possession of the products, which will be evidenced by the signature of the order receipt at the indicated delivery address.
The gift card will be considered delivered as set out in its Terms of Use and, in any case, when it is sent to the email address indicated by you.
8. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will leave a note indicating where your order is and what to do so that we can deliver it again. If you are not at the delivery location at the agreed time, we ask that you contact us so that we can organize delivery for another day.
Please note that, if the product is not delivered within the stipulated deadline, you may be charged for costs relating to storage of the products and new delivery attempts.
This clause does not apply to the virtual gift card, the delivery of which is governed by the gift card terms of use and the rules set out in clause 8 above.
9. INSTANT DELIVERY
If the customer has chosen the store delivery option, they may receive a notification from our “Store Delivery” service informing them that it is available for the items in their order. This service is dependent on stock availability and other factors and cannot, for this reason, be chosen by the customer when placing their order. If you receive notification that “Store Delivery” is available, your order will be available for collection at the “Tendências” store at Av. da Igreja, nº. 9B, 1700-230 Lisbon, before the delivery dates set out in the Buying Guide section of our website.
Once your “Store Delivery” order has been prepared, we will contact the customer to let them know they can collect their order. The order can be collected in person (by presenting the order number and a document proving your identity) or you can nominate another person to collect your order. In this case, the nominated person will have to present the order number and a document proving their identity.
The terms of this Clause 9 (together with the remaining terms) will apply to the customer if they make a purchase through the “Store Delivery” service, and will also be subject to any other applicable rules.
10. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The risks of the products will be borne by the customer from the moment of delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in Clause 7 above), whichever date is later.
11. PRICE AND PAYMENT
The price of each product will be that which is stipulated, at all times, on our website, except in the case of an obvious error. Although we try to ensure that all prices shown on the page are correct, errors may occur. If we detect an error in the price of any of the products you have ordered, we will inform you 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 the customer, the order will be canceled and the amount paid will be refunded in full.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error in pricing is obvious and unmistakable and could reasonably have been recognized by the customer as being incorrectly priced. .
The prices on this website include VAT but do not include shipping costs, which will be added to the total amount owed, in accordance with what is set out in our Shipping Costs Guide.
Prices may be changed at any time, but (except as set out above) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all the items you wish to purchase have been added to your cart and the next steps will be to complete the order and pay. To do this, you must follow the steps of the purchase process, filling in or verifying the information requested at each step.
Furthermore, during the purchase process, before payment, the customer can change their order details. The user has a detailed description of the purchasing process in the Buying Guide. If you are an already registered user, a record of all orders made by the user will be available in the “My Account” area. You can make payment with Visa, Mastercard, American Express, Paypal, MB and Mbwayg cards. You can also pay all or part of the price of your purchases with a previously purchased gift card.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure there are sufficient funds to complete the transaction. Your card will be debited as soon as your order leaves our warehouses.
If your payment method is Paypal, the debit will be made when we confirm your order.
By clicking on “Complete Order”, the customer confirms that the credit card is theirs or that they are the legitimate owner of the gift card or payment card.
Credit cards are subject to verification and authorization by issuing entities, but if they do not authorize payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with the customer.
Payments for orders may be processed by the appropriate payment institution, which receives and processes such payments on our behalf, being duly authorized for this purpose. For the sake of clarity, it should be noted that under no circumstances should Outra História de Moda, Lda be considered as a party to this contract (namely as seller of the products).
12. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
13. EXCHANGE POLICY
13.1 Right to freely terminate the contract
According to the applicable rules, if you are contracting as a consumer, the customer has the legally established right to terminate the contract, within 14 days, after its conclusion without giving any reason.
The free resolution period will expire after 14 days from the day on which the customer (or a third party - other than the carrier - indicated by you) physically purchases several items in a separately delivered order, 14 days from the day on which the customer (or this third party indicated by you) physically purchased the last product. To exercise the right to free termination of the contract, the customer can contact us via email available on the website, of their decision to terminate this contract by an unequivocal statement (example: a letter sent by post or e-mail). However, the consumer can exercise the right to free resolution by any means, and the use of any of the aforementioned means is not mandatory.
To respect the free termination period of the contract, simply send your communication regarding your exercise of the right of withdrawal before the contract termination period expires.
Effects of contract termination
If the customer terminates the Contract, we will refund the amount paid for the products, and any other payments received in relation to the contract (with the exception of return costs, and additional costs arising from the customer not returning it using any of the free methods mentioned in Clause 13.3 and following) without undue delay and as long as it does not exceed a period of 14 days, starting from the day on which you were informed of your decision to terminate this contract. We will make the refund via bank transfer to the IBAN indicated by the customer. In any case, the customer will not pay any fees arising from said refund. Despite the above, we may withhold the refund until we receive the products back, or until the customer demonstrates evidence that they have returned them.
The customer can send the items for return with a printout of the E-ticket attached to the Delivery Confirmation or deliver them to the “Tendências” store at Av. da Igreja, nº. 9B, 1700-230 Lisbon, in which case you can show the e-ticket in digital format on your mobile device or deliver a printout of the e-ticket, without undue delay, not exceeding a period of 14 days from the date on which the customer informed us of the termination of the contract. The deadline is met if the customer returns the products before the 14-day period has expired. The option to return in Store.
Unless the customer delivers the products to the Tendências store, at Av. da Igreja, nº. 9B, Lisbon, the customer must bear the return costs. We will charge a fixed amount (the amount we refer to in the “Exchanges & Returns” section) which will be deducted from the amount to be returned to the customer
Please note that, after delivery of the order, if the customer exercises the right to terminate the contract and makes the return using a carrier chosen by him and not by Tendências, we cannot assume the risk in the return packaging when it refers to causes not attributed to Tendências.
Likewise, the customer is responsible for the contents of the return packaging when choosing one of the return methods indicated by Tendências. If there is an error in the contents of the return packaging not attributed to Tendências, we have the right to attribute the costs associated with the corresponding return to the customer, if applicable.
All rights recognized by current law will be safeguarded.
13.2 Contractual right to return products
In addition to the legally recognized right of consumers to freely terminate the contract, mentioned in clause 13.1 above, we grant the customer a period of 14 days from the date of confirmation of dispatch of the products to return them (except those mentioned in clause 13.3 following period, for which the right to return products is excluded).
The Customer may exercise their right to return products in accordance with the terms set out in clause 13.1 above to exercise their right to freely terminate the contract. However, the customer must inform us of their intention to return the products and deliver the products to us within 14 days from confirmation of dispatch. In other words, if the products are returned by the customer, they will have to return the items to ensure that they are received by Tendências within 14 days from the date of dispatch confirmation.
13.3 Conditions for exercising the contractual right to return products
The customer does not have the contractual right to return the products, provided for in clause
13.4 regarding the following products:
i. Personalized items ii. Items without original packaging. iii. Sealed products that are not suitable for return for hygiene reasons and that have been opened after delivery.
The contractual right to return products must apply exclusively to products that can be returned in the same conditions in which the customer received them. No refund will be made if the product has been used beyond simply opening its packaging or if it has suffered damage; Therefore, the customer must be careful with the products while they are in their possession. Please return the item using or including the original packaging. It must also include all instructions, labels, documents and product packaging. In any case, you must deliver, duly completed, the receipt you received when the product was delivered, together with the product to be returned.
When returning, the respective products must be returned as indicated:
(i) Returns at the TENDENCIES store”: you can return any product to the Tendências store that has the same section as the products you wish to return. In this case, you should go to the Tendências store at Av. da Igreja, nº. 9B, Lisbon and present, together with the product, the e-ticket attached to the email with shipping confirmation, which can be presented in digital format via your mobile device or through a printout of it – This option is free.
(ii) Returns by carrier: When returning the product(s) by a carrier determined by us, you must contact us through our available contact channels, so that the product is delivered to the original delivery location. You must send the product in the same packaging received, with a printout of the label attached to the shipping confirmation email. The costs of this return method will be charged to the customer; We will charge a fixed amount (amount referred to in the “Exchanges&Returns” section) which we will immediately deduct from the amount to be refunded to the customer.
After examining the article, we will inform you whether you are entitled to a refund of the amounts paid. Delivery costs will be reimbursed when the contractual right to return products is exercised within the contractually defined period and all products in question are returned. The return will be made as soon as possible and, in any case, within 14 days from the date on which the customer communicated to us their intention to return the products. Despite the above, we may withhold the return until we receive the products back or until the customer demonstrates evidence that they sent the products. The return will always be made using the same payment method that the customer used to pay for the purchase.
If you have any questions, please contact us using our contact form.
Notwithstanding the limitations on the contractual right to return products, provided for in clause 13.2, this Clause shall not apply to the exercise of the right to freely terminate the contract legally attributed to the consumer, particularly with regard to the limitation of inspection and handling of goods.
13.5 Defective products
In cases where you consider that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within the legally established two-month period using our contact form, indicating the details of the contract. product as well as the damage suffered, or
by contacting us through our available contact channels, and we will tell you what you should do.
You can return the product to the Tendências Store in Av, da Igreja, nº. 9B, Lisbon, and must present the e-ticket in digital format on your mobile device or hand over a printout of the e-ticket.
As legally established, instead of canceling the contract (and consequent return of the item and refund), you can also choose to replace the product.
The refund of the price or replacement of the product must occur as soon as possible and, in any case, within 30 days.
The amounts paid for products returned due to any damage or defects will be refunded in full, including the delivery costs incurred in sending the item and the costs incurred in returning them. The return must be made using the same payment method that was used to pay for the purchase.
All rights recognized by current law will be safeguarded.
13.6 Variations that should not be considered defects
The products we sell, especially those made by hand, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and colors, may not be considered defects or damage. On the contrary, you should count on their presence and appreciate them. We select only the highest quality products, but characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
13.7 Right to withdraw and return orders from abroad
If you have ordered items from another EU Member State outside Portugal via this website, clauses 13.1,13.2 and 13.3 apply with the restriction that transport determined by us can only be carried out to the original delivery address within Portugal.
We further inform you that we are not under any circumstances (with the exception of clause 13.4 to which this clause 13.6 does not apply) obliged to pay shipping costs to addresses other than the original delivery address, nor return costs to destinations outside of Portugal.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to terminate the contract.
14. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are, at any time, ours or those of whoever granted us the license to its use. The customer may only use this material in a way that is expressly authorized by us or by those who granted us the license to use it. This does not prevent you from using this website to, as necessary, copy information relating to your order or Contract data.
15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or damaging material. You must not gain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website. You undertake not to attack this website through a hacking attack. denial of service or a distributed denial of service attack.
Failure to comply with this clause may result in the commission of offenses typified by applicable legislation. We will inform the competent authorities of any non-compliance with said legislation and will cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this website.
We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or material as a result of your use of this website or downloading content from it or content to which it redirects.
16. LINKS FROM OUR WEBSITE
If our website contains links to other third party pages and materials, these links are provided for informational purposes only, without us having any control over the content of these pages or materials. Therefore, we will not accept any liability for damage or loss arising from its use.
17. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notices we send you be in writing. By using this website, you accept that most notifications with us are electronic. We will contact the customer by email or provide information through notices placed on this website. For contractual purposes, the customer agrees to use this means of electronic communication and acknowledges that all contracts, notices, information and other notifications sent via electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.
18. NOTIFICATIONS
Customer notifications must be sent via our contact form. In accordance with the provisions of Clause 15 above and unless otherwise specified, we will send you notifications by email or to the postal address provided when you placed your order.
Notifications will be considered to have been received, and correctly made, at the moment the customer accesses our website, 24 hours after sending an email or three days after the postage date of any letter. To prove that notification was made, it will be enough to prove, in the case of a letter, that the address was correct, that it was correctly stamped and that it was duly delivered to the post office or to a letter box and, in the case of an electronic mail, that it was sent to the email address specified by the recipient
19. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract commitment applies to you and us, as well as our respective successors, people who benefited from transfers made by us and heirs. You may not convey, waive, attach or otherwise transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.
We may transfer, waive, embargo, subcontract or otherwise transfer a contract or any of the rights or obligations arising therefrom, at any time during the term of the contract, to any company in the Inditex Group. All other transfers of our contractual position, rights or obligations under this contract will also be subject to your prior consent. For the avoidance of any doubt, such transmissions, assignments, embargoes or other transfers shall not affect the rights that, as applicable, you hold as a consumer recognized by law or that cancel, reduce or limit in any way the express and implied warranties that we give you. we may have given.
20. FORCE MAJEURE REASONS
We will not be responsible for any failure or delay in any of the obligations undertaken by us under a Contract the cause of which is due to events beyond our control (Force Majeure).
The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our control, including, among others, the following:
i. General strike, or other forms of protest that significantly affect the country.
ii. Disturbances of public order, riot, invasion, terrorist attack or terrorist threat, war
(declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster. iv. Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.
v. Impossibility of using public or private telecommunications systems.
It will be considered that our obligations arising from the Contracts are suspended during the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the Reasons for Force Majeure. Force Majeure. We will use all reasonable means to bring the Force Majeure Reasons to an end or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Reasons.
21. WAIVER RIGHTS
The absence of a requirement on our part for strict compliance by the customer with any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due under this Contract or Conditions will not mean the waiver or any limitation in relation to these rights or actions, nor will it exempt the customer from fulfilling its obligations.
No waiver by us of a specific right or action will imply the waiver of our rights or actions arising from the Contract or the Conditions.
No waiver, on our part, of any of these Conditions or of the rights or actions arising from the Contract will have effect, unless it is expressly established that it is a waiver, formalized and communicated to the customer, in writing, in accordance with the provisions of clause 18 above.
22. PARTIAL CANCELLATION
If any of these Conditions or any provision of a Contract are declared null and void, by firm resolution by a competent authority, the remaining terms and conditions remain in force, without being affected by this declaration of nullity.
23. SINGLE AGREEMENT
These Conditions and all documents to which express references are made constitute the entire agreement between us and the customer, regarding the subject matter of the Contract, and replace any other pact, agreement or promise previously established between us and the customer, in writing.
We and the customer acknowledge that we have consented to the execution of the Agreement without having relied on any representation or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parties prior to this Agreement, except for what is expressly mentioned in the present Conditions.
24. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and purchase contracts made through this page are governed by Portuguese law.
This provision does not affect the other rights recognized to the consumer by current legislation.
25. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask you to send your comments and suggestions via our contact form.
You can send your comments and complaints through our contact details or by email at tendencas.onlinestore@gmail.com
26. ALTERNATIVE DISPUTE RESOLUTION
In this sense, if the transaction was completed through our website, we inform you – in accordance with EU Regulation No. 524/2013 – that you have the right to try to resolve any dispute extrajudicially through access to the platform. electronic online conflict resolution, via the email address http://ec.europa.eu/consumers/odr/.
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of September 8, on the Consumer Portal, via the website www.consumidor.pt.
ATTACHMENT
RESOLUTION FORM TEMPLATE
(Please fill out and return this form only if you wish to terminate the contract)
To OUTRA HISTORIA DE MODA, LDA, Av. Dr. Teófilo Carvalho dos Santos, nº. 188, 2720-211 Amadora (email mp.grupotendencias@gmail.com)
I hereby inform you that I terminate my sales contract for the following items:
Ordered on / received on (*)
Consumer name
Consumer address
Consumer signature (only if this form is notified in paper format)
Date
(*) Delete as appropriate
1. INTRODUCTION
This document (together with the documents mentioned in the annex) establishes the conditions that determine the use of this website (tendenciasonlinestore.com) and the purchase of products on it (hereinafter "Conditions").
We ask that you carefully read the conditions, our cookie policies and our privacy policy before using this website. When using this website or placing an order through it, the customer is aware that they must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the conditions and privacy policies, you should not use this website.
These conditions may be changed, it is your responsibility to read them periodically, as the conditions in force at the time of using the website or concluding the contract (as defined below) are those that will apply.
If you have questions regarding the conditions or privacy policies, you can contact us using our contact form.
The Contract may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
This website is run under the name TENDENCIES by OUTRA HISTÓRIA DE MODA - COMERCIALIZAÇÃO DE MODA E CALÇADO, LDA, a limited liability company, with registered office at Avenida Dr. Teófilo Carvalho dos Santos, n.º188, 2720-211 Amadora, registered at Lisbon Commercial Registry Office, under number 510 239 765, which is also the identification number of a legal entity, with share capital of €1,500.00 (one thousand and five hundred euros), and the email mp.grupotendencias@ gmail.com
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or data provided by the customer will be treated in accordance with the provisions of the Privacy Policy. By using this website, the customer is consenting to the processing of said information and data and declares that all information or data provided to us is true and corresponds to reality.
4. USE OF OUR WEBSITE
When using our website and/or placing orders through it, the customer undertakes to:
4.1. Use this website only to make legally valid inquiries or orders.
4.2. Do not place any false or fraudulent orders. If, rationally, we can consider that an order of this nature was placed, we will be authorized to cancel it and inform the competent authorities.
4.3. Provide us with your email address, postal address and/or other contact details, truthfully and accurately. You also consent to the use of the information provided to contact the customer (if necessary, consult our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to process your order.
When placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.
5. CELEBRATION OF THE CONTRACT
To place an order, you must follow the online purchase procedure and click on “Authorize Payment”, and first you must read and accept these Purchase Conditions. By doing so, you are entering into a purchase and sale contract with us (the “Contract”). You will subsequently receive an email acknowledging receipt of your order (the “Order Confirmation”). You will also receive an email in which we will confirm that your order has been shipped (the “Delivery Confirmation”). An electronic ticket with the details of your order must be attached to the Delivery Confirmation (the “E-ticket”).
6. AVAILABILITY OF PRODUCTS
All product orders will be subject to availability. In this sense, if there is any difficulty regarding the supply of products or if there are no items in stock, we will inform you immediately of their unavailability, and we will refund any amount you may have paid within 30 days.
7. DELIVERY
Without prejudice to the provisions of Clause 6 above, regarding the availability of products, and unless extraordinary circumstances occur, we will attempt to ship the order relating to the products mentioned in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if not No delivery date has been specified within 30 days of the Order Confirmation date.
However, delays may occur for any of the following reasons:
• product customization;
• specialized articles; • unforeseen circumstances; or
• problems in the delivery area.
Regarding the virtual gift card, we deliver it on the date indicated by you when placing the order.
If we are unable to meet the delivery date for reasons beyond our responsibility, we will inform you of this circumstance giving you the option to continue with your purchase, establish a new delivery date, or cancel the order with a refund. total amount paid, without prejudice to all other rights that you may have under applicable legislation. In any case, we do not deliver on Saturdays or Sundays, except in the case of the virtual gift card, which will be delivered on the date indicated by you.
According to these conditions, “delivery” must have been made or the order
“delivered” when the customer or a third party indicated by them is physically in possession of the products, which will be evidenced by the signature of the order receipt at the indicated delivery address.
The gift card will be considered delivered as set out in its Terms of Use and, in any case, when it is sent to the email address indicated by you.
8. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will leave a note indicating where your order is and what to do so that we can deliver it again. If you are not at the delivery location at the agreed time, we ask that you contact us so that we can organize delivery for another day.
Please note that, if the product is not delivered within the stipulated deadline, you may be charged for costs relating to storage of the products and new delivery attempts.
This clause does not apply to the virtual gift card, the delivery of which is governed by the gift card terms of use and the rules set out in clause 8 above.
9. INSTANT DELIVERY
If the customer has chosen the store delivery option, they may receive a notification from our “Store Delivery” service informing them that it is available for the items in their order. This service is dependent on stock availability and other factors and cannot, for this reason, be chosen by the customer when placing their order. If you receive notification that “Store Delivery” is available, your order will be available for collection at the “Tendências” store at Av. da Igreja, nº. 9B, 1700-230 Lisbon, before the delivery dates set out in the Buying Guide section of our website.
Once your “Store Delivery” order has been prepared, we will contact the customer to let them know they can collect their order. The order can be collected in person (by presenting the order number and a document proving your identity) or you can nominate another person to collect your order. In this case, the nominated person will have to present the order number and a document proving their identity.
The terms of this Clause 9 (together with the remaining terms) will apply to the customer if they make a purchase through the “Store Delivery” service, and will also be subject to any other applicable rules.
10. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The risks of the products will be borne by the customer from the moment of delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in Clause 7 above), whichever date is later.
11. PRICE AND PAYMENT
The price of each product will be that which is stipulated, at all times, on our website, except in the case of an obvious error. Although we try to ensure that all prices shown on the page are correct, errors may occur. If we detect an error in the price of any of the products you have ordered, we will inform you 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 the customer, the order will be canceled and the amount paid will be refunded in full.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error in pricing is obvious and unmistakable and could reasonably have been recognized by the customer as being incorrectly priced. .
The prices on this website include VAT but do not include shipping costs, which will be added to the total amount owed, in accordance with what is set out in our Shipping Costs Guide.
Prices may be changed at any time, but (except as set out above) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all the items you wish to purchase have been added to your cart and the next steps will be to complete the order and pay. To do this, you must follow the steps of the purchase process, filling in or verifying the information requested at each step.
Furthermore, during the purchase process, before payment, the customer can change their order details. The user has a detailed description of the purchasing process in the Buying Guide. If you are an already registered user, a record of all orders made by the user will be available in the “My Account” area. You can make payment with Visa, Mastercard, American Express, Paypal, MB and Mbwayg cards. You can also pay all or part of the price of your purchases with a previously purchased gift card.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure there are sufficient funds to complete the transaction. Your card will be debited as soon as your order leaves our warehouses.
If your payment method is Paypal, the debit will be made when we confirm your order.
By clicking on “Complete Order”, the customer confirms that the credit card is theirs or that they are the legitimate owner of the gift card or payment card.
Credit cards are subject to verification and authorization by issuing entities, but if they do not authorize payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with the customer.
Payments for orders may be processed by the appropriate payment institution, which receives and processes such payments on our behalf, being duly authorized for this purpose. For the sake of clarity, it should be noted that under no circumstances should Outra História de Moda, Lda be considered as a party to this contract (namely as seller of the products).
12. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
13. EXCHANGE POLICY
13.1 Right to freely terminate the contract
According to the applicable rules, if you are contracting as a consumer, the customer has the legally established right to terminate the contract, within 14 days, after its conclusion without giving any reason.
The free resolution period will expire after 14 days from the day on which the customer (or a third party - other than the carrier - indicated by you) physically purchases several items in a separately delivered order, 14 days from the day on which the customer (or this third party indicated by you) physically purchased the last product. To exercise the right to free termination of the contract, the customer can contact us via email available on the website, of their decision to terminate this contract by an unequivocal statement (example: a letter sent by post or e-mail). However, the consumer can exercise the right to free resolution by any means, and the use of any of the aforementioned means is not mandatory.
To respect the free termination period of the contract, simply send your communication regarding your exercise of the right of withdrawal before the contract termination period expires.
Effects of contract termination
If the customer terminates the Contract, we will refund the amount paid for the products, and any other payments received in relation to the contract (with the exception of return costs, and additional costs arising from the customer not returning it using any of the free methods mentioned in Clause 13.3 and following) without undue delay and as long as it does not exceed a period of 14 days, starting from the day on which you were informed of your decision to terminate this contract. We will make the refund via bank transfer to the IBAN indicated by the customer. In any case, the customer will not pay any fees arising from said refund. Despite the above, we may withhold the refund until we receive the products back, or until the customer demonstrates evidence that they have returned them.
The customer can send the items for return with a printout of the E-ticket attached to the Delivery Confirmation or deliver them to the “Tendências” store at Av. da Igreja, nº. 9B, 1700-230 Lisbon, in which case you can show the e-ticket in digital format on your mobile device or deliver a printout of the e-ticket, without undue delay, not exceeding a period of 14 days from the date on which the customer informed us of the termination of the contract. The deadline is met if the customer returns the products before the 14-day period has expired. The option to return in Store.
Unless the customer delivers the products to the Tendências store, at Av. da Igreja, nº. 9B, Lisbon, the customer must bear the return costs. We will charge a fixed amount (the amount we refer to in the “Exchanges & Returns” section) which will be deducted from the amount to be returned to the customer
Please note that, after delivery of the order, if the customer exercises the right to terminate the contract and makes the return using a carrier chosen by him and not by Tendências, we cannot assume the risk in the return packaging when it refers to causes not attributed to Tendências.
Likewise, the customer is responsible for the contents of the return packaging when choosing one of the return methods indicated by Tendências. If there is an error in the contents of the return packaging not attributed to Tendências, we have the right to attribute the costs associated with the corresponding return to the customer, if applicable.
All rights recognized by current law will be safeguarded.
13.2 Contractual right to return products
In addition to the legally recognized right of consumers to freely terminate the contract, mentioned in clause 13.1 above, we grant the customer a period of 14 days from the date of confirmation of dispatch of the products to return them (except those mentioned in clause 13.3 following period, for which the right to return products is excluded).
The Customer may exercise their right to return products in accordance with the terms set out in clause 13.1 above to exercise their right to freely terminate the contract. However, the customer must inform us of their intention to return the products and deliver the products to us within 14 days from confirmation of dispatch. In other words, if the products are returned by the customer, they will have to return the items to ensure that they are received by Tendências within 14 days from the date of dispatch confirmation.
13.3 Conditions for exercising the contractual right to return products
The customer does not have the contractual right to return the products, provided for in clause
13.4 regarding the following products:
i. Personalized items ii. Items without original packaging. iii. Sealed products that are not suitable for return for hygiene reasons and that have been opened after delivery.
The contractual right to return products must apply exclusively to products that can be returned in the same conditions in which the customer received them. No refund will be made if the product has been used beyond simply opening its packaging or if it has suffered damage; Therefore, the customer must be careful with the products while they are in their possession. Please return the item using or including the original packaging. It must also include all instructions, labels, documents and product packaging. In any case, you must deliver, duly completed, the receipt you received when the product was delivered, together with the product to be returned.
When returning, the respective products must be returned as indicated:
(i) Returns at the TENDENCIES store”: you can return any product to the Tendências store that has the same section as the products you wish to return. In this case, you should go to the Tendências store at Av. da Igreja, nº. 9B, Lisbon and present, together with the product, the e-ticket attached to the email with shipping confirmation, which can be presented in digital format via your mobile device or through a printout of it – This option is free.
(ii) Returns by carrier: When returning the product(s) by a carrier determined by us, you must contact us through our available contact channels, so that the product is delivered to the original delivery location. You must send the product in the same packaging received, with a printout of the label attached to the shipping confirmation email. The costs of this return method will be charged to the customer; We will charge a fixed amount (amount referred to in the “Exchanges&Returns” section) which we will immediately deduct from the amount to be refunded to the customer.
After examining the article, we will inform you whether you are entitled to a refund of the amounts paid. Delivery costs will be reimbursed when the contractual right to return products is exercised within the contractually defined period and all products in question are returned. The return will be made as soon as possible and, in any case, within 14 days from the date on which the customer communicated to us their intention to return the products. Despite the above, we may withhold the return until we receive the products back or until the customer demonstrates evidence that they sent the products. The return will always be made using the same payment method that the customer used to pay for the purchase.
If you have any questions, please contact us using our contact form.
Notwithstanding the limitations on the contractual right to return products, provided for in clause 13.2, this Clause shall not apply to the exercise of the right to freely terminate the contract legally attributed to the consumer, particularly with regard to the limitation of inspection and handling of goods.
13.5 Defective products
In cases where you consider that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within the legally established two-month period using our contact form, indicating the details of the contract. product as well as the damage suffered, or
by contacting us through our available contact channels, and we will tell you what you should do.
You can return the product to the Tendências Store in Av, da Igreja, nº. 9B, Lisbon, and must present the e-ticket in digital format on your mobile device or hand over a printout of the e-ticket.
As legally established, instead of canceling the contract (and consequent return of the item and refund), you can also choose to replace the product.
The refund of the price or replacement of the product must occur as soon as possible and, in any case, within 30 days.
The amounts paid for products returned due to any damage or defects will be refunded in full, including the delivery costs incurred in sending the item and the costs incurred in returning them. The return must be made using the same payment method that was used to pay for the purchase.
All rights recognized by current law will be safeguarded.
13.6 Variations that should not be considered defects
The products we sell, especially those made by hand, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and colors, may not be considered defects or damage. On the contrary, you should count on their presence and appreciate them. We select only the highest quality products, but characteristics are unavoidable and must be accepted as part of the individual appearance of the product.
13.7 Right to withdraw and return orders from abroad
If you have ordered items from another EU Member State outside Portugal via this website, clauses 13.1,13.2 and 13.3 apply with the restriction that transport determined by us can only be carried out to the original delivery address within Portugal.
We further inform you that we are not under any circumstances (with the exception of clause 13.4 to which this clause 13.6 does not apply) obliged to pay shipping costs to addresses other than the original delivery address, nor return costs to destinations outside of Portugal.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to terminate the contract.
14. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are, at any time, ours or those of whoever granted us the license to its use. The customer may only use this material in a way that is expressly authorized by us or by those who granted us the license to use it. This does not prevent you from using this website to, as necessary, copy information relating to your order or Contract data.
15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or damaging material. You must not gain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website. You undertake not to attack this website through a hacking attack. denial of service or a distributed denial of service attack.
Failure to comply with this clause may result in the commission of offenses typified by applicable legislation. We will inform the competent authorities of any non-compliance with said legislation and will cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this website.
We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or material as a result of your use of this website or downloading content from it or content to which it redirects.
16. LINKS FROM OUR WEBSITE
If our website contains links to other third party pages and materials, these links are provided for informational purposes only, without us having any control over the content of these pages or materials. Therefore, we will not accept any liability for damage or loss arising from its use.
17. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notices we send you be in writing. By using this website, you accept that most notifications with us are electronic. We will contact the customer by email or provide information through notices placed on this website. For contractual purposes, the customer agrees to use this means of electronic communication and acknowledges that all contracts, notices, information and other notifications sent via electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.
18. NOTIFICATIONS
Customer notifications must be sent via our contact form. In accordance with the provisions of Clause 15 above and unless otherwise specified, we will send you notifications by email or to the postal address provided when you placed your order.
Notifications will be considered to have been received, and correctly made, at the moment the customer accesses our website, 24 hours after sending an email or three days after the postage date of any letter. To prove that notification was made, it will be enough to prove, in the case of a letter, that the address was correct, that it was correctly stamped and that it was duly delivered to the post office or to a letter box and, in the case of an electronic mail, that it was sent to the email address specified by the recipient
19. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract commitment applies to you and us, as well as our respective successors, people who benefited from transfers made by us and heirs. You may not convey, waive, attach or otherwise transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.
We may transfer, waive, embargo, subcontract or otherwise transfer a contract or any of the rights or obligations arising therefrom, at any time during the term of the contract, to any company in the Inditex Group. All other transfers of our contractual position, rights or obligations under this contract will also be subject to your prior consent. For the avoidance of any doubt, such transmissions, assignments, embargoes or other transfers shall not affect the rights that, as applicable, you hold as a consumer recognized by law or that cancel, reduce or limit in any way the express and implied warranties that we give you. we may have given.
20. FORCE MAJEURE REASONS
We will not be responsible for any failure or delay in any of the obligations undertaken by us under a Contract the cause of which is due to events beyond our control (Force Majeure).
The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our control, including, among others, the following:
i. General strike, or other forms of protest that significantly affect the country.
ii. Disturbances of public order, riot, invasion, terrorist attack or terrorist threat, war
(declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster. iv. Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.
v. Impossibility of using public or private telecommunications systems.
It will be considered that our obligations arising from the Contracts are suspended during the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the Reasons for Force Majeure. Force Majeure. We will use all reasonable means to bring the Force Majeure Reasons to an end or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Reasons.
21. WAIVER RIGHTS
The absence of a requirement on our part for strict compliance by the customer with any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due under this Contract or Conditions will not mean the waiver or any limitation in relation to these rights or actions, nor will it exempt the customer from fulfilling its obligations.
No waiver by us of a specific right or action will imply the waiver of our rights or actions arising from the Contract or the Conditions.
No waiver, on our part, of any of these Conditions or of the rights or actions arising from the Contract will have effect, unless it is expressly established that it is a waiver, formalized and communicated to the customer, in writing, in accordance with the provisions of clause 18 above.
22. PARTIAL CANCELLATION
If any of these Conditions or any provision of a Contract are declared null and void, by firm resolution by a competent authority, the remaining terms and conditions remain in force, without being affected by this declaration of nullity.
23. SINGLE AGREEMENT
These Conditions and all documents to which express references are made constitute the entire agreement between us and the customer, regarding the subject matter of the Contract, and replace any other pact, agreement or promise previously established between us and the customer, in writing.
We and the customer acknowledge that we have consented to the execution of the Agreement without having relied on any representation or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parties prior to this Agreement, except for what is expressly mentioned in the present Conditions.
24. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and purchase contracts made through this page are governed by Portuguese law.
This provision does not affect the other rights recognized to the consumer by current legislation.
25. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask you to send your comments and suggestions via our contact form.
You can send your comments and complaints through our contact details or by email at tendencas.onlinestore@gmail.com
26. ALTERNATIVE DISPUTE RESOLUTION
In this sense, if the transaction was completed through our website, we inform you – in accordance with EU Regulation No. 524/2013 – that you have the right to try to resolve any dispute extrajudicially through access to the platform. electronic online conflict resolution, via the email address http://ec.europa.eu/consumers/odr/.
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of September 8, on the Consumer Portal, via the website www.consumidor.pt.
ATTACHMENT
RESOLUTION FORM TEMPLATE
(Please fill out and return this form only if you wish to terminate the contract)
To OUTRA HISTORIA DE MODA, LDA, Av. Dr. Teófilo Carvalho dos Santos, nº. 188, 2720-211 Amadora (email mp.grupotendencias@gmail.com)
I hereby inform you that I terminate my sales contract for the following items:
Ordered on / received on (*)
Consumer name
Consumer address
Consumer signature (only if this form is notified in paper format)
Date
(*) Delete as appropriate