PREAMBLE
1. These general conditions of sale are agreed between the Joana Carvas Cambra live in Rua 25 de Abril, 22 Olhos d’Agua, 8200-647 Portugal, VAT Number 238321428, Rua 25 de Abril, 22 Olhos d’Agua, 8200-647 Portugal, and Electronic Address info@kalbeliatribe.com, owner of the website www.badacollection.com hereinafter referred to as Online Store and persons who wish to make purchases through the Online Store, hereinafter referred to as “User”.
2. The parties agree that purchases made through the Online Store will be governed exclusively by this contract, excluding any conditions previously available on the Online Store.
3. Applicable law – The T&C of the website are based on Portuguese law, and that any litigation situation will be dealt with in Portuguese Courts and in accordance with Portuguese Jurisdiction.
ARTICLE 1. PURPOSE
1. The purpose of these general conditions of sale is to provide and define all the information necessary for the User regarding the modalities of order, sale, payment and delivery of purchases made in the Online Store.
2. These conditions regulate all the steps necessary to place the order and guarantee the follow-up of this order between the Contracting Parties.
ARTICLE 2. ORDERING AND BILLING
1. The User completes his order by completing the purchase process presented in the Online Store, adding the product(s) or service(s) that he/she wishes to order to the shopping cart:
To send your order, the User must:
The). Register with the Online Store, providing the information requested therein.
B). Log in (providing a combination of e-mail and password chosen by the User upon registration).
ç). Complete the information and choose the options available to you throughout the order completion process (delivery and billing address, shipping method, payment method, as well as the TIN and name that, for tax purposes, you want to appear on the invoice).
The final confirmation of the order by the User is equivalent to full and complete acceptance of the prices and description of the products available for sale, as well as these General Conditions of Sale, which will be the only ones applicable to the contract thus concluded.
The online store will honor orders received online only up to the limit of available stocks. In the absence of product availability, the online store undertakes to inform the User as soon as possible.
The data contained in the invoice are the sole responsibility of the User. The invoice is issued immediately after payment once issued and cannot be reissued with changes.
Orders are valid for (two days), unless the order is registered under a promotional campaign that defines a different period, and it is not possible to guarantee prices, discounts, promotions and offers beyond this period. If payment is not received by our services within the aforementioned period, the order cannot be validated. Any value received after this date will be returned or used in a new order.
ARTICLE 3. PAYMENT
A). Credit Card, MBWAY, Paypal and ATM
In the case of payment by credit card, the debit will be made to the User’s card immediately after confirmation of the shipment of the goods. If some ordered products are sold out, their value will be credited to the User’s card, after the order is closed.
The Credit Card, MBWay and ATM is processed by the Ifthempay entity and the Paypal is processed by the PayPal https://www.paypal.com/pt/home
ARTICLE 4. PRICES
Prices must be understood in Euros, with fees and taxes included, taking into account the VAT in force on the date of payment of the order.
If there is an increase in the price of any product, the User will be informed immediately and may choose to receive their order (paying the difference) or to cancel it.
Whenever an item has a price reduction, the modality of sale (balances, promotions or settlement), the type of products, the reduction percentage, the start date and the duration period and its communication to the competent authorities are mentioned, if it’s necessary.
ARTICLE 5. DELIVERY AND SHIPPING INFORMATION
1. It is carried out by the CTT company or other similar transport company.
2. Shipping costs are added to the order in accordance with the table in force, which are calculated in the purchase process before its completion by the User.
3. The Online Store ships to all regions of the world
ARTICLE 6. COMPLAINTS
In case of dispute, the consumer can resort to Dispute Resolution through the Arbitration Center (see section of the Online Store called “Dispute Resolution”) and/or fill in the Complaints Book (see section of the Online Store called “Book of Claims”.
ARTICLE 7. RIGHT OF FREE RESOLUTION
The USER has the right of free termination of this contract within 14 calendar days, without the need to indicate any reason, in accordance with Portuguese law.
The period for exercising the right of free withdrawal expires 14 days from the day following the day on which you acquire or a third party appointed by you, other than the carrier, acquires physical possession of the goods.
In order to exercise your right of free termination, you must communicate to Loja Online your decision to terminate this contract/purchase by means of a letter sent by registered mail with acknowledgment of receipt or communication via email to the email address recorded in the Preamble.
In order for the free withdrawal period to be respected, it is enough that your communication regarding the exercise of the right to free withdrawal must be sent before the end of the withdrawal period.
In case of termination of this contract, you will be refunded the payment made, with the exception of the costs of returning the item, which will be borne by the consumer. Reimbursement will be made without undue delay and, in any case, no later than 14 days from the date on which the goods are received and are in perfect condition of presentation and conservation.
We make this refund using, where possible, the same means of payment as you used in the initial transaction, without incurring any cost as a result of such refund.
ARTICLE 8. EXCEPTIONS TO THE RIGHT OF FREE RESOLUTION
Exceptions to the Right of Free Resolution, pursuant to article 17 of Decree-Law No. 24/2014, of February 14, are considered, unless otherwise agreed by the parties, the following cases:
a) Provision of services, when:
i) The services have been fully provided after the prior express consent of the consumer, under the terms of article 15; and
ii) The consumer acknowledges that he loses the right of free termination if the contract has been fully executed by the professional in that case;
b) Supply of goods or provision of services whose price depends on fluctuations in financial market rates that the supplier of goods or service provider cannot control and which may occur during the period of free resolution;
c) Supply of goods made in accordance with consumer specifications or manifestly customized;
d) Supply of goods that, by their nature, cannot be returned or are likely to deteriorate or quickly become out of date;
e) Supply of sealed goods not subject to return, for reasons of health protection or hygiene when opened after delivery;
f) Supply of goods which, after delivery and by nature, are inseparably mixed with other items;
g) Supply of alcoholic beverages whose price has been agreed upon when the purchase and sale agreement is signed, whose delivery can only be made after a period of 30 days, and whose real value depends on market fluctuations that cannot be controlled by the professional ;
h) Supply of sealed audio or video recordings or sealed computer programs, from which the consumer has removed the inviolability guarantee seal after delivery; i) Supply of a newspaper, periodical or magazine, with the exception of subscription contracts for the sending of these publications;
j) Celebrated at public auction;
k) Provision of accommodation, for non-residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific performance date or period;
l) Provision of digital content not provided in material support if:
i) Its execution begins with the prior and express consent of the consumer; and
ii) The consumer recognizes that his consent implies the loss of the right of free withdrawal;
m) Provision of repair or maintenance services to be performed at the consumer’s home, at the consumer’s request.
In the case of contracts provided for in subparagraph m) of the preceding paragraph, the right of free termination applies to services provided in addition to those specifically requested by the consumer or the supply of goods other than essential replacement parts for maintenance or repair.
ARTICLE 9. EXCHANGES AND RETURNS POLICY
All products purchased on the Online Store may be returned and refunded, provided that the customer expresses his intention within a maximum period of 14 days from receipt, provided that the same items have not been used, are in the same state in which were delivered, in the original packaging and with the original tags. The shipment must be carried out, whenever possible, in the same box in which it was delivered.
If you want to exchange an item, you must return the item by registered delivery and then make a new purchase.
The costs associated with the exchange or return will be borne by the customer, unless there has been an error on the part of the Online Store.
No exchanges are made and returns of items on sale or on promotion are not accepted. Thematic items are not exchanged or returned (for example, items related to Christmas, Halloween, etc.).
The customer must verify upon delivery of the order that it is in good condition and that it has not been damaged during transport. If there is any anomaly, you must immediately report it to the employee who delivers the order, as well as inform us in a single email of all detected anomalies. If this does not happen, we will not be able to exchange or refund the items.
If the reason for the return is the responsibility of the Online Store (e.g. damaged item, item received incorrectly), the return postage will be at its expense, and the customer will, under these conditions, have a maximum period of 30 days to carry out the devolution. If the reason is for another order (eg: the item is not to the customer’s liking), the cost of return expenses will be borne by the customer.
To make a return, the customer must inform the Online Store that he intends to make the exchange/return, stating the reasons for it, through the email registered in the preamble.
Within a maximum period of 14 days, the Online Store will analyze the returned item and inform the customer of the right to a refund or sending a new one. Confirming the reasons given for the return, the customer will be refunded the full amount paid, including delivery and return charges.
ARTICLE 10. PRIVACY POLICY
The processing of your data is done in compliance with the legislation on the protection of personal data and in accordance with the Privacy Policy defined and registered in the Online Store.
Its provision is optional and the right to access, rectify and cancel any data that concerns you directly, personally or in writing, directly to the address in the Preamble, is guaranteed under the law. All requests must be made through the addresses and forms identified in point 1 of this privacy policy.
Additionally, the holder may always submit the claims that he/she deems necessary with the competent authority for this purpose.