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PURCHASE AND USE CONDITIONS WWW.DAUTI.PT
1. INTRODUCTION
This document (together with the documents mentioned in the appendix) sets out the conditions that determine the use of this website (www.dauti.pt) 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 web page. By using this website or placing an order through it, you are aware that you must comply with these conditions and our privacy policies. Therefore, if you do not agree with all conditions and privacy policies, you should not use this site.
These conditions may change, it is your responsibility to read them periodically, as the conditions in force at the time of use of the website or conclusions of the contract (as defined below) are those that will apply.
If you have questions about privacy conditions or policies, you can contact us using our contact form.
The Agreement may be entered into at your choice in any of the languages in which the Conditions are available on this website.
2. OUR DATA
This website is executed under the name DAUTI by Mestrimagem, Lda, headquartered at Rua Nova 420, 4570-074 Balasar, registered at the Póvoa de Varzim Commercial Registry Office, under the VAT number 507 063 520, with the registered capital. € 35,000.00 (thirty five thousand euros).
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
Information or data provided by the customer will be treated in accordance with the Privacy Policy. By using this website, you consent to the processing of such information and data and represent that all information or data you provide to us is true and true.
4. USING OUR WEBSITE
By using our website and / or placing orders through it, the customer agrees to:
4.1. Use this web page only to make legally valid inquiries or orders.
4.2. Do not place any false or fraudulent orders. If we can reasonably consider that such an order has been 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 information in a true and accurate manner. You also consent to the use of the information you provide to contact the customer (if you need to consult our Privacy Policy). If you do not provide us with all the necessary information, we will not be able to fulfil your order. By placing an order through this website, you represent that you are over 18 and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The articles featured on this website are available for delivery to European Union countries as well as African Countries.
6. CONTRACT CELEBRATION
To place an order, you must follow the online purchase procedure and Authorize Payment, and you must first read and accept these Terms of Purchase. By doing so, you are entering into a sales contract with us (the “Agreement”). You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). You will also receive an email confirming that the order has been shipped (the "Delivery Confirmation"). An Order Form with the details of your order must be attached to the Delivery Confirmation.
7. AVAILABILITY OF PRODUCTS
All product orders will be subject to product availability. In this regard, if you encounter any difficulties regarding product supply or if there are no items in stock, we will inform you immediately of unavailability and will refund any amount you may have paid within 30 days.
8. DELIVERY / RECEPTION OF MERCHANDISE
Notwithstanding the foregoing provision of Clause 7 above, and unless extraordinary circumstances occur, we will attempt to ship the order for the products mentioned in each Delivery Confirmation prior to the date on the Delivery Confirmation in question or, if not. No delivery date has been specified within 5 days for parts in stock and within 45 days for parts that are required to be produced from the Order Confirmation and Payment date.
However, delays may occur for any of the following reasons:
• Product customization
• Specialized article
• Unforeseen circumstances
• Problems in the delivery zone
If we are unable to meet your delivery date for reasons other than our own, we will inform you of this by giving you the option to continue your purchase, set a new delivery date, or cancel your order, with total refund of amount paid, without prejudice to all other rights under the applicable law. In any case, we do not deliver on Saturdays or Sundays.
According to these conditions, the “delivery” must have been made or the order “delivered” when the customer or a third party designated by him is physically in possession of the products, as evidenced by the signature of the order receipt at the delivery address indicated.
Merchandise Reception
Regardless of the mode of transport, all goods sold travel at Buyer's own risk (incoterm EXW). From 01/10/07, all goods received must be checked in the presence of the representative of the carrier and, in case of anomaly, must accurately and exhaustively state the information concerning the condition of the goods and the information on the condition of the carrier and missing quantities:
«Open volume, torn tape, and missing x pieces»
Failure to identify nonconformity / anomaly invalidates any claim. These safeguards must also be made, by registered letter with acknowledgment of receipt, to the carrier responsible for the carriage of the goods within 72 hours of their right of appeal against the carrier pursuant to Article 133-3 of the Commercial Code. (Seventy-two hours) after delivery of the order, so that the buyer can exercise his right.
All merchandise delivered to the third person travels at his own risk. This third person must confirm or control the quantities, colours and sizes prior to processing (screen printing, embroidery, etc.) of the ordered goods. No complaints will be accepted within 48 hours of receipt by the recipient. Change of delivery address will not be accepted once the order has been validated.
9. DELIVERY INABILITY
If we are unable to deliver your order we will leave a note indicating where your order is and what to do to have it delivered again. If you are not at the place of delivery on time, please contact us so we can arrange delivery for another day.
Please note that if the product is not delivered within the deadline, you may be charged for product storage and retrying.
10. TRANSFER OF RISKS AND PRODUCT PROPERTY
Product risks will be borne by the customer from the moment of delivery. Customer will acquire ownership of the products when we receive full payment of the amounts due in respect of them, including postage, or at the time of delivery (as defined in Clause 8 above), if this date is later.
11. PRICE AND PAYMENT
The price of each product will be the one that is stipulated at any time on our website, except in case of obvious error. While we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products the customer has ordered, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or to cancel it. If we are unable to contact the customer, the order will be cancelled and the full amount paid will be refunded.
We will not be required to provide you with any product at the wrong lower price (even if we sent the Shipping Confirmation) if the error in the price is obvious and unambiguous and could reasonably have been recognized by the customer as an incorrect price. .
The prices on this website do not include VAT as well as shipping costs, which will be added to the total amount due at checkout.
Prices may change at any time, but (except as stated above) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all items you wish to purchase have been added to your cart and the next steps will be order completion and payment. To do so, you must follow the steps of the purchasing process by filling in or verifying the information requested at each step.
In addition, during the purchase process, prior to payment, the customer may change the details of their order. If you are a registered user, a record of all orders placed by you will be available in the “My Account” area.
Payment can be made with Visa, Mastercard, PayPal, Hipay, ATM and Cash Transfer.
To reduce the risk of unauthorized access, your credit card data will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged as soon as your order leaves our warehouses.
If your payment method is Paypal we will charge you at the moment we confirm your order.
By clicking on "Complete Purchase", the customer confirms that the credit card is his or her or the legitimate owner of the payment card.
Credit cards are subject to verification and authorization by issuers, but if they do not authorize payment, we will not be responsible for any delays or non-deliveries and we will not be able to formalize any Contract with the customer.
12. BUY AS GUEST
This web page also allows you to purchase without having an account created. In this mode of purchase, only the data required to be able to place your order are requested. Once the purchase process is complete, you will be offered to register as a user or continue as an unregistered user.
13. TAX VALUE ADDED
For customers with Portuguese taxpayers, purchases made through this website are subject to the current Portuguese Value Added Tax (VAT) rate.
For customers with taxpayer in the European Union (other than Portuguese) the value of VAT is not considered, as long as it ensures that your taxpayer is validated by VIES. In case it is not registered / validated, the Portuguese VAT will apply 23%.
http://ec.europa.eu/taxation_customs/vies/?locale=en
14. EXCHANGE POLICY
14.1 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 period of free termination will expire after 14 days from the day the customer (or a third party - other than the deliverer - whom you refer) physically purchases several items in a separate order, 14 days from the day the customer (or this third party you refer to) physically purchased the last product. To exercise the right to free termination of the contract, the customer can contact us by phone +252 955 337, email customer@dauti.pt or through our contact form, your decision to resolve this contract by a clear statement (example: a letter sent by post or e-mail). The customer may use the template resolution form as set out in the Annex. However, the consumer may exercise the right of free resolution by any means and the use of any of these means is not mandatory.
To comply with the contract termination period, simply send your communication regarding your exercise of the right of withdrawal before the contract termination period expires.
Effects of contract termination
If Customer terminates the Agreement, we will refund the amount paid for the products, including delivery costs at the original place of delivery (except for the additional costs incurred by Customer not returning via any of the free methods mentioned in Clause 15.3 et seq.) without undue delay and provided it does not exceed 14 days from the day on which you were informed of your decision to terminate this contract. We will refund through the same payment method that the customer used for the original transaction. In any event, the customer will not pay any fees arising from such refund. Notwithstanding the foregoing, we may hold back the refund until we receive the products back, or until the customer demonstrates that they have returned them.
The customer may send the items for return with the order form printed on the Delivery Confirmation, without undue delay, not exceeding 14 days from the date 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.
Unless the customer delivers the products to Headquarters (Rua Nova nº 420, 4570-074 Balasar), the customer must bear the return expenses (Article 13 Decree of Law no. 24/2014 of 14 February).
14.2 Contractual right to return products
In addition to the legally recognized right of consumers to freely terminate the contract, mentioned in clause 14.1 above, we grant the customer a period of 14 days from the date of confirmation of shipment of the products to return them (except those mentioned in clause 14.3), which product return right is excluded). The customer will be responsible for the direct costs of returning the product if they do not return the products at Headquarters (Rua Nova 420, 4570-074 Balasar).
Customer may exercise its right to return the products in accordance with the terms set forth in clause 14.1 above for the exercise of the right of free termination of the contract. However, the customer must inform us of their intention to return the products and deliver products to us within 14 days from the shipment confirmation.
14.3 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 14.2 in relation to the following products (Article 17 Decree Law no. 24/2014 of 14 February)
The contractual right to return products shall apply exclusively to products which may be returned under the same conditions as the customer received them. No refund will be given if the product has been used beyond the mere opening of its packaging or if it has been damaged; therefore, the customer should be careful about the products while they are in their possession. Please return the item, using or including the original packaging, as well as the cardboard label (this should not be removed from the part, if removed we may not accept the exchange or return). It should also include all product instructions, labels, documents and packaging. In any case, you must deliver the completed receipt received at the time of delivery of the product, along with the product to be returned.
Upon return, their products must be returned as indicated:
(i) At the company's headquarters (Mestrimagem, Rua Nova nº420, 4570-074 Balasar) presenting, together with the product, the purchase order attached to the email sent in the shipping confirmation;
(ii) Returns by Carrier: When returning the product (s) by a carrier it is your responsibility to bear the cost of return, you should contact us by phone +252 955 337. You must ship the product in the same way. package received, with a printout of the Purchase Order attached to the email with the shipping confirmation.
If you purchased any products as a guest, you can request returns via phone carrier at +252 955 337.
If you do not wish to return the products through the free option available, the customer will be responsible for the return costs. Please note that if you decide to return the items to us for collection, we will be entitled to charge you for any expenses we may incur.
After reviewing the article, we will let you know if you are entitled to a refund of the amounts paid. Delivery costs will be reimbursed when the contractual right to return the products is exercised within the contractually defined period all products concerned are returned. Returns will be made as soon as possible and in any event up to 14 days from the date the customer has informed us of their intention to return the products. In spite of the foregoing, we may retain the return until we receive the returned products back or until the customer demonstrates evidence that they shipped the products. The return will always be made by 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 or by phone +252 955 337.
Notwithstanding the limitations on the contractual right of return of products provided for in clause 14.2, this Clause shall not apply to the exercise of the right of free termination of the contract legally assigned to the consumer, in particular as regards the limitation of inspection and handling of goods.
14.4 Defective Products
In cases where the customer considers that the product is not in accordance with the terms of the contract at the time of delivery, the customer must contact us within the 14 days legally fixed through our contact form, stating the details of the product damaged, or by contacting us at +252 955 337, and we'll tell you what to do.
You may return the product at the company's headquarters (Mestrimagem, Rua Nova nº420, 4570-074 Balasar) by submitting with the product the Purchase Order attached to the email sent in the shipping confirmation, or by delivering it to a carrier at your home, sent by us, accompanied by a printout of the Purchase Order, and then refunded the corresponding amount. (You will need to be present at the time of collection and you will be informed as rescheduling may incur additional collection costs).
As legally established, instead of cancelling the contract (and consequent return of the good and reimbursement), you may also choose to replace the product or the appropriate price reduction.
The refund of the price, the replacement of the product, or the appropriate reduction of the price paid for the article must be made as soon as possible and in any case within 30 days of receipt of the order and due confirmation of the condition of the products.
Amounts paid for returned products for any damages or defects will be refunded in full, including the shipping costs incurred with the shipping of the item and the costs you have to return them. The return must be made by the same payment method that was used to pay for the purchase.
All rights recognized by applicable law will be safeguarded.
14.5 Size change
If the item purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request a size change without having to pay any additional delivery service for the new item, while returning the original item in good condition, with the exception of the items personalized, they cannot be exchanged. This possibility is independent of the right of withdrawal, which continues to exist, both legally and contractually. You can request a size change via the "Orders and Returns" section of "my account" on this web page. You should select the new size of your article and ensure that (i) it is the same article, (and (ii) only if payment has been made through some means of payment (see Clause 11 of these terms and conditions for more information), only if you meet these requirements can you request a size change.After requesting a size change and selecting the return method, you must deliver the original article to the company's headquarters (Mestrimagem, Rua Nova nº420, 4570-074 Balasar) presenting together with the product the Purchase Order attached to the email sent in the shipping confirmation or through the distribution company that sent the item home in Portugal, the original item must be returned without delay, and not later than 14 days from 14 calendar days since the size change request None of the return method options will incur an additional charge.
If you choose to have it delivered to the company's headquarters (Mestrimagem, Rua Nova nº420, 4570-074 Balasar), together with the product, present the Purchase Order attached to the email sent in the shipping confirmation. If you choose to have it delivered to the distribution company, you must return the original item in the package along with the product the order form attached to it in the email sent on the shipping confirmation or through the distribution company that sent the item home in Portugal.
Once you have chosen “Orders and Returns”, we will ship the new order with the item in the requested size in two or three business days (subject to availability in stock) from the date of the size change request, and never beyond the maximum period. 45 days.
Please note that if after 14 calendar days from the date of the request for resizing you have not delivered the original item, we reserve the right to charge you for costs corresponding to the new order generated, as provided in these terms and conditions.
14.6 Variations not to 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, knot texture and colour, 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 the features are inevitable and must be accepted as part of the individual appearance of the product.
14.7 Right to settle and return orders from abroad
If you have ordered items outside of Portugal through this website, clauses 14.1, 14.2, 14.3 and 14.5 apply with the restriction that shipping determined by us may only be to the original shipping address within Portugal.
Please be advised that we are under no circumstances (with the exception of clause 14.4 to which this clause 14.7 does not apply) obliged to pay shipping costs to addresses other than the original shipping address, nor the return costs of destinations outside Portugal. The provisions of this clause should not affect your rights as a consumer and user, nor your right to terminate the contract.
15. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyrights, trademarks and other intellectual property rights in the materials or content that are provided as part of the website are at any time ours or the licensee to its use. You may use this material only as expressly authorized by us or our licensor to use it. This does not prevent you from using this web page to copy your order information or Contract data as necessary.
16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You should not misuse this website through the intentional introduction of viruses, Trojans, logic bombs or any other technologically harmful or harmful material. You should not gain unauthorized access to this web page, the server on which this page is located, or any server, computer or database related to our web page. You undertake not to attack this web page by a hacking attack denial of service or a distributed denial of service attack. Failure to comply with this clause may result in infringements typified by applicable law. We will inform the competent authorities of any breach of such legislation and cooperate with them to find out the identity of the attacker. If you fail to comply with this clause, you will also no longer be authorized to use this Web site. We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data, or materials as a result of using this website or downloading content from it or the content to which it redirects.
17. LINKS FROM OUR WEBSITE
If our website contains links to other third party pages and materials, these links are provided for information purposes only, without having any control over the content of those pages or materials. Therefore, we will not accept any liability for damage or loss due to its use.
18. WRITTEN COMMUNICATION
Applicable law requires that part of the information or notifications we send you be in writing. By using this website, you agree that most notifications with us will be electronic. We will contact the customer by email or provide information through notices posted on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent via electronic communications satisfy the legal requirement that such notifications be made in writing. This condition will not affect rights recognized by law.
19. NOTIFICATIONS
Customer notifications should preferably be sent via our contact form. In accordance with the provisions of Clause 18 above and unless otherwise stated, we will send you notifications by email or to the postal address provided when you place your order.
Notifications will be deemed to have been received, and correctly made, at the same time as the customer enters our website 24 hours after sending an email or three days after the postage date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was properly delivered to the post office or a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract commitment is valid for you and us, as well as our respective successors, persons who have benefited from transfers made by us and heirs. You may not transfer, waive, embargo or otherwise transfer a contract or any rights or obligations under it without obtaining our prior written consent.
We may assign, waive, embargo, subcontract or otherwise transfer a contract or any rights or obligations under it at any time throughout the term of the contract. All other transmission of our contractual position, rights or obligations under this contract will also be subject to your prior consent. For the avoidance of doubt, such transmissions, assignments, embargoes or other transfers shall not affect the rights you, as applicable, have as a legally recognized consumer or in any way cancel, reduce or limit the express and implied warranties that we give you we might have given.
21. REASONS FOR MAJOR FORCE
We will not be responsible for any failure or delay of any of the obligations assumed by us under a contract whose cause is due to events that are beyond our control (Major Force Majeure).The concept of Force Majeure shall include any act, event, exercise failure, omission or accident that is beyond our control, including but not limited to:
i. General strike, or other forms of protest that significantly affect the country.
ii. Disturbances of public order, revolt, 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. Inability to use trains, boats, aircraft, engine transportation or other means of transport, public or private.
v. Inability to use public or private telecommunications systems.
Our obligations under the Agreements will be deemed to be suspended for the duration of the Force Majeure and we will benefit from an extension of the term to comply with such obligations for a period of time equal to the duration of the Terms of Force. Majore Force We will use all reasonable means to terminate the Force Majeure or to find a solution that will enable us to fulfill our obligations under the Agreement, despite the Force Majeure.
22. WAIVER OF RIGHTS
Failure by us to strictly comply with any of our obligations under a Contract or these Conditions or our failure to exercise rights or actions due under such Agreement. Agreement or Conditions shall not constitute a waiver or limitation with respect to such rights or actions, nor shall it exempt the customer from fulfilling its obligations. No waiver by us of a particular right or action will give rise to the waiver of our rights or actions under the Agreement or the Conditions.
No waiver by us of any of these Terms or the rights or actions derived from the Agreement will be effective unless expressly stated to be a waiver, formalization and communication to the customer in writing, in accordance with the provisions of clause 18 above.
23. PARTIAL CANCELLATION
If any of these Conditions or any provision of a Contract is declared void and unenforceable by firm resolution by a competent authority, the remaining terms and conditions shall remain in effect unaffected by such declaration of invalidity.
24. SINGLE AGREEMENT
These Terms and all documents to which express reference is made constitute the entire agreement between us and the customer with respect to the subject matter of the Agreement and supersede any other agreement, agreement or promise previously made between us and the customer, either orally or otherwise written.
We and the customer acknowledge that we have consented to the Agreement without relying on any statement 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 as expressly stated in the present conditions.
25. APPLICABLE LEGISLATION AND JURISDICTION
Use of our website and purchase agreements made through this website is governed by Portuguese law. This provision does not affect any other rights granted to the consumer under applicable law.
26. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send comments and suggestions to our contact form.
27. ALTERNATIVE DISPUTE RESOLUTION
In the event of a dispute, the Court of Póvoa de Varzim shall have sole jurisdiction to settle any dispute, irrespective of the place of delivery, even in the event of a plurality of claims, guarantee appeals or interim measures.
Before bringing any proceedings, the parties will make every effort to find a friendly solution.
If the transaction has been completed via our website, we inform you - in accordance with EU Regulation No 524/2013 - that you have the power to attempt to settle any dispute out of court by accessing the electronic settlement platform online dispute resolution at http://ec.europa.eu/consumers/odr.
The updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of 8th September, can be consulted on the Consumer Portal, through the website www.consumidor.pt .
ATTACHMENT
RESOLUTION FORM MODEL
(Complete and return this form only if you wish to terminate the contract)
For Mestrimagem, Lda, Rua Nova nº420, 4570-074 Balasar, Póvoa de Varzim (customer@dauti.pt )
I hereby inform you that I have resolved (*) on my / our (*) purchase and sale agreement for the following good / for the provision of the following service (*)
Ordered on (*) / received on (*)
Consumer Name
Consumer Address
Consumer signature (only if this form is notified in paper format)
Date
(*) Dispose of as appropriate.
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