Terms and Conditions of Purchase from the Brutta Website
This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website www.brutta.pt. and the purchase of products through such website.
Please read through these Terms prior to using this website www.brutta.pt using this website or placing an order through it, you are consenting to be bound by these Terms. If you do not agree to all of the Terms, do not use this website / App.
These Terms may be amended. It is your responsibility to regularly read through them, as the Terms in force at the time that your use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
2. OUR DETAILS
This websiteis operated under the BRUTTA name by Cardoso, Cardoso & Neves Lda. a Portuguese company with registered office at Praça Machado dos Santos, 65 E3, 4440-511 Valongo (Porto), registered with the Companies Register of Valongo, at Cartório Notarial de Beatriz Campos Cantante, with VAT No. 513996648.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEB PAGE / APP.
The information or personal details that you provide us with shall be processed pursuant to the Privacy Statement. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.
4. USE OF OUR WEBSITE / APP
If you do not provide us with all the information that we require, we will be unable to process your order.
By placing an order on this website you are declaring that you are over 18 years of age and that you have legal capacity to enter into this binding contract.
5. AVAILABILITY OF SERVICE
The articles on this website are only available for delivery throughout Europe.
6. HOW THE CONTRACT IS FORMALISED
The information set out in the Terms and the details contained on this website do not constitute an offer of sale but rather an invitation to do treat. There shall be no contract between you and us in relation to any product until we expressly accept your order. If your offer is not accepted, the amount of any charge already made to your account shall be fully refunded.
In order to make an order, you must follow the online purchase procedures and click on “AUTHORISE PAYMENT”. Once this has been done, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please remember that this does not mean that your order has been accepted since this represents an offer that you make to us to purchase one or more products. All orders are subject to our acceptance which we will confirm by sending you an email confirming that the order has been dispatched (the "Dispatch Confirmation"). The product purchase contract between us (“Contract”) shall only be formalised once we send you the "Dispatch Confirmation".
Only those products listed in the "Dispatch Confirmation" will be subject to the Contract. We will not be obliged to supply you with any other product that could be subject to the order until we confirm dispatch of the same to you in a separate "Dispatch Confirmation".
7. AVAILABILITY OF PRODUCTS
All orders placed for products are subject to their availability and if any difficulties occur with regards to supply, or if any product is out of stock, we will refund you any amount that you may have paid.
8. WITHDRAWAL OF ORDER
We reserve the right to withdraw any product from this website at any time and/or stop or change any material or content of the same. While we will always do everything possible to process all orders, exceptional circumstances may oblige us to cancel the processing of any order after the ”Order Confirmation” has been sent and we reserve the right to do this at any time at our own discretion.
We shall not be held liable to you or to a third party for withdrawing any product from this website, regardless whether said product has been sold or not, for removing or changing any material or content of the website, or refusing to process an order once you have been sent the "Order Confirmation".
Notwithstanding the provisions set forth in Clause 7 above, except in the event of exceptional circumstances, we will try to send the order containing the product(s) corresponding to those in the "Dispatch Confirmation" prior to the delivery date which appears on the “Dispatch Confirmation” or if there is not delivery date, in a timeframe of 15 days from the date of the "Dispatch Confirmation".
Delay can be due to the following reasons:
• Personalisation of products,
• Specialised articles,
• Unforeseen circumstances or
• Delivery area.
Regarding the eGiftcard (Virtual Gift Card), we will send it on the date you specify when placing your order.
If for any reason, we cannot honour the delivery date, we will notify you of these circumstances and will give you the option of continuing with the purchase, setting a new delivery date or alternatively, of cancelling the order with a full refund of the amount paid. Please note that we can never make deliveries on Saturdays or Sundays, except in the case of the eGiftcard, which will be delivered on the specified date.
For the purposes of the Terms herein, a delivery is understood to have taken place or the product(s) to have been delivered when a signature to confirm receipt of the same is obtained at the agreed delivery address, will be understood to have been delivered in accordance to the established in the Use Conditions in any case, its delivery date to the specified e-mail address.
10. INABILITY TO DELIVER
If we are unable to make the delivery on two attempts, we will try to find a secure place to leave the package. We will leave you a note explaining where your package can be found and what to do in order to collect it. If you are not going to be in the delivery location at the agreed time, please contact us to set the delivery for another day.
This clause will not be applicable to the eGiftcard, which delivery will be ruled by the established on Use Conditions of the Gift Card and on the above clause 9.
Upon lapse of 15 days of the moment when your order is ready for delivery, without such order having been delivered on grounds not attributable to us, we shall understand that you wish to cancel the Contract and it shall be treated as terminated. As a result of the termination of the Contract, we will refund the price paid for such products as soon as possible and anyway within 30 days of the date on which we shall deem the Contract terminated. In such cases, we shall be authorized to pass on you any delivery costs and costs incurred in the termination of the Contract.
11. PASSING OF RISK AND OWNERSHIP
You will be responsible for the risks involved with the products once they are delivered.
You acquire ownership of the products once we receive the full payment of all amounts due in relation to the same, including shipping costs, or alternatively upon delivery (in accordance with the definition contained in clause 9) if it takes place at a later time.
12. PRICE AND PAYMENT
The price of the products is always the one stipulated on our website, except in the event of an error. Despite our attempts to ensure that all prices that appear on the website are correct, errors may occur. If we discover an error in the price of products that you have ordered, we will notify you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it. If we cannot contact you, the order will be considered cancelled and we will fully refund you for the amounts that have been paid.
13. VALUE ADDED TAX
In accordance with current regulation, all purchases made through our website will be subject to Value Added Tax (VAT), except those which are to be sent to the Canary Islands, Ceuta or Melilla.
In this respect and in accordance with Chapter I of Title V of the 2006/112 Council Directive, dated 28 November 2006 in accordance with the common system of VAT, deliveries made in the member State that appears on the delivery address for the articles, will be charged the VAT rate that is legally valid in each member State according to the destination of the articles chosen in each order.
Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the "reverse charge" (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT will be charged by ITX Fashion Limited, without affecting the customer’s obligation to account for the VAT attributable to them.
14. EXCHANGE/RETURNS POLICY
14.1 Statutory right to cancel your purchase Under applicable regulations, if you are contracting as a consumer, you can withdraw from the contract (except where the subject matter of such Contract is any of the products respect of which the cancellation right is exempted, as listed in Clause 14.3 below) at any time within 7 working days of the date of delivery.
In such case, you will be refunded the price paid for such products. Direct costs incurred in the return of such products will be borne by you where none of the free return methods addressed in Clause 14.3 below is used.
You may provide evidence of the right of cancellation through any of the means provided by law, and in any event such right shall be deemed to have been validly exercised by sending the returns form that we provide you with (hereinafter, the “Returns Form”) or by returning the products.
14.2 Contractual right to cancel your purchase In addition to the statutory right of cancellation of consumers and users referred to in Clause 14.1 above, we grant you a 30 day period from the receipt of the “Dispatch Confirmation” of your order to proceed to any return of products (except for those referred to in Clause 14.3 below, regarding which the cancellation right is exempted). The return of the Giftcard is ruled by the Use Conditions of the Giftcard.
In the event of any return, you will be refunded the price paid for the returned products. Direct costs incurred in the return of such products will be borne by you where none of the free return methods addressed in Clause 14.3 below is used.
You shall exercise your right of cancellation by sending the Returns Form we provide you with or by returning the products.
Your right to withdraw from the Contract shall only apply to those products that are returned in the same condition in which you received them. Please return the article in or including its original packaging as well as the instructions, documentation, labels and packaging that may have accompanied it, following the instructions that you can find in the “RETURNS” section of our website. No refund shall be made if the product has been worn or if it has suffered any damage. Therefore, you should be careful with the product(s) while they are in your possession. Failure to exercise such reasonable care may, depending on the circumstances, give rise to a right of action against you for breach of statutory duty.
You can only make exchanges for the same article in a different size or colour.
You will receive a summary of the same in your “Dispatch Confirmation”.
You can return the merchandise to Praça Machado dos Santos, 65 E3, 4440-511 Valongo], a) If there is a BRUTTA store in the country in which you were delivered the product, you can make the return in the store itself. In this event, you must go to the store in person and deliver the article and the Returns Form that you will have received when the product was delivered. b) Returns by courier.
For any queries, please contact us through our contact form or by telephone at 00 351 224 210 204, or by e-mail email@example.com
Upon receipt of the returned product, we will fully examine it and will notify you of your right to a refund (if any) of the amounts paid. The refund will be made as soon as possible, and within 30 calendar days from the date on which you informed us of your intention to withdraw. The refund will be made using the same payment method which was used to make the purchase.
No exchange or refund will be made for any products that are not in the same condition in which you received them, or that have been used beyond mere opening of the product.
We will always refund any money received from you to the credit card originally used by you to pay for your purchase.
14.4 Defective products return: In circumstances where you consider that the product does not conform with the Contract at the time of delivery, you should promptly contact us through our contact form, specifying the details of the product and the damage suffered.
Upon receipt of the product, we will fully examine it and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will usually process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement of the defective product.
Products returned by you due to a genuine flaw or defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
Your statutory rights are not affected by this Clause.
15. LIABILITY AND DISCLAIMERS
Unless otherwise expressed in these Terms, our liability for any product acquired on our website is strictly limited to the purchase price of said product.
Notwithstanding the above, nothing in these Terms shall exclude or limit in any way our liability: a. For death or personal injury due to negligence on our part; b. For fraud or fraudulent misrepresentation; or c. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any: i. losses of income or revenue; ii. loss of business; iii. loss of profits or contracts; iv. loss to anticipated savings; v. loss of data; and vi. loss of time in managing situation or business hours.
Due to the open nature of this website, and the possibility of errors occurring in the storage and transmission of digital information, we cannot guarantee accuracy and security of the information transmitted to and obtained through this website unless otherwise expressly stated on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
The provisions set forth in this clause do not affect your statutory rights as consumer or your right to withdraw from the Contract.
16. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other rights related to intellectual and industrial property in relation to material or content that form part of the website corresponds to us or to third parties to whom we have granted a licence for its use at all times. You are permitted to use this material only as expressly authorised by our licensors or us. This will not impede your use of this website so far as necessary to copy the information about your order or Contact details.
17. VIRUSES, HACKERING AND OTHER CYBERCRIMES
You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.
By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately
We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.
18. LINKS FROM OUR WEBSITE
We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
19. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. By using this website, you are accepting that the majority of our mailings will be in electronic format. We will contact you by email or provide you information by posting notices on this website. For contractual purposes, you consent to the use of this electronic form of communication and recognise that any contract, notification, information and other mailings that we send you electronically comply with the legal requisites that such communications be in writing. This condition does not affect your statutory rights.
The best way to send us notifications is through our contact form. In accordance with provisions set forth in clause 19, unless stated otherwise, we can send you mailings either by email or to your postal address provided by you when placing the order.
Notifications will be deemed received and served correctly at the moment they appear on our website, 24 hours after an email is sent or three days following the postage date on the letter. In proving the service of any notification, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the address.
21. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding both for you and us, as well as for our respective successors and assignees.
You may not assign, encumber or in any other manner transfer a Contract or any of the rights or obligations derived from the same in your favour or for you, without having obtained our prior written consent.
We may transmit, assign, encumber, subcontract or in any other manner transfer a Contract or any other of the rights or obligations derived from the same in our favour or for us, at any moment during the term of the Contract. For the avoidance of doubt, said transmissions, assignments or other transfers will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit guarantees, whether express or implied, that we may have granted you.
22. EVENTS OUT OF OUR CONTROL
We will not be liable for any non-compliance or delay in the compliance of any obligations that we assume under a Contract, whose cause is due to events which are beyond our reasonable control (on grounds of a Force Majeure Event).
Force Majeure Event includes any act, event, failure to exercise, omission or accident that is beyond our reasonable control and will include but is not limited to the following: a. Strikes, lock-outs or other work stoppage. b. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. d. Impossibility to use railways, shipping, aircraft, motor transport and other means of transport, public or private. e. Inability to use public or private telecommunication systems. f. Acts, decrees, legislation or restrictions of any government. g. Strikes, failures, or accidents involving marine or river transport, postal or otherwise.
It is understood that our obligation to comply with any Contract will be suspended during the period of Force Majeure and we will avail of an extension of time for fulfilling our obligation during said period. We will use all reasonable means possible to bring the Force Majeure Event to an end or to find a solution whereby we can comply with our obligations pursuant to the Contract despite the Force Majeure Event.
In the event that we do not insist on strict compliance with any of the obligations under the Contract or any of these Terms, or do not exercise any of the rights or recourses that we are entitled to exercise or interpose pursuant to said Contract or these Terms, such fact shall not constitute a waiver of said rights and recourses nor relieve you from complying with said obligations.
Any waiver made in demanding compliance will not constitute a waiver by us in demanding subsequent compliances.
No waivers on our behalf on any of these Terms shall take effect unless it is not expressly stated and communicated to you in writing in accordance with provisions set forth in the Notifications section above.
In the event that these Terms or any regulation contained in a Contract are considered invalid, illegal or un-enforceable in any extent by a competent authority, these shall be severed from the remaining terms and conditions and regulations will continue to be valid to the fullest extent permitted by law.
25. CONTRACT INTEGRITY
These Terms and any document to which express reference is made in the same constitute the entire agreement existing between you and us in relation to the Contract objective and replaces any other prior pact, agreement or promise agreed between you and us, either verbally or in writing.
Both you and us acknowledge that in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.
Neither you nor us will avail of recourses in view of any uncertain declaration made by the other party, either verbally or in writing, prior to the Contract date (unless such uncertain declaration had been made in a fraudulent manner), and the only recourse that the other party will have will be due to non-compliance of the contract in agreement with provisions set forth in these Terms.
26. OUR RIGHT TO MODIFY THESE TERMS
We have the right to review and modify these Terms at any time.
27. APPLICABLE LEGISLATION AND JURISDICTION
The purchase contracts for products on our website are governed by Portuguese legislation.
Any dispute that arises from or related to said contracts will be subject to the non-exclusive jurisdiction of the Portuguese courts and tribunals.
If you are contracted as a consumer, your statutory rights will not be affected by anything in this clause.
28. COMMENTS AND SUGGESTIONS
Your comments and suggestions are important to us. Please send us your comments and suggestions through our contact form.
If you as a buyer consider your rights have been breached, you can address your complaints to us via the email address firstname.lastname@example.org .com in order to seek an out-of-court settlement. In this regard, if the purchase from us was concluded online through our website, we, in line with EU Regulation No. 524/2013, hereby inform you that you are entitled to seek to settle the consumer dispute with us out-of court, through the platform for the online dispute resolution accessible through the Internet address https://ec.europa.eu/consumers/odr/.
Last modified: June 2014
(only fill in and send this form if you wish to withdraw from the contract)
For the attention of Cardoso, Cardoso e Neves, Lda. trading as BRUTTA, [Praça Machado dos Santos, 65 E3, 4440-511 Valongo, Porto]
I hereby give notice that I withdraw from my contract of sale for the following goods:
Ordered/received on (*)
Consumer’s signature (only if form is submitted on paper)