1 These general conditions of sale are agreed between Banaya Collection with address www.banayacollection.com, Tax Number 288890515, Address Rua Ladislau Parreira, 57 R/C B, 2785-516 São Domingos de Rana, Portugal and Electronic Address firstname.lastname@example.org, owner of the website www.banayacollection.com hereinafter referred to as Online Store and the people who wish to make purchases through the Online Store, hereinafter referred to as “User”.
2. Both parts agree that purchases made through the Online Store shall be governed exclusively by this contract to the exclusion of any conditions previously available in the Online Store.
Article 1. Object
1. These general conditions of sale are intended to provide and define all necessary information to the User on the modalities of ordering, sale, payment and delivery of purchases made in the Online Store.
2. These conditions regulate all the steps necessary to place an order and ensure the follow-up of this order between the Contracting Parties.
Article 2. Order and billing
1. The User places his order by completing the purchasing process presented in the Online Store, adding the product(s) or service(s) he wishes to order to the shopping cart:
To send your order the User must:
a). Register in the Online Store, providing for this purpose the information requested there.
b). Make the “login” (providing a combination of e-mail and password chosen by the User at the time of registration).
c). Complete the information and choose the options that are made available to you during the order completion process (delivery and billing address, shipping method, payment method, as well as the TIN and name that, for tax purposes, you wish to be included 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 Terms of Sale that 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 on the invoice is the sole responsibility of the user. The invoice is issued immediately after payment and once issued cannot be reissued with alterations.
Orders are valid for (two) days, unless the order is registered under a promotional campaign that sets a different deadline, and it is not possible to guarantee prices, discounts, promotions and offers beyond this period. If payment is not received by our services within this period, the order cannot be validated. Any amount received after this date will be returned or used in a new order.
Article 3. Payment
a). Bank transfer
Bank transfer: proof of payment must be sent by homebanking or e-mail. If made at an ATM or over the counter, you must photograph or scan the receipt and send it by email. After successful payment, the order will be validated and shipped.
If payment is not made on the day the order is placed, or until the second day, the order will be cancelled.
b). Credit Card and ATM
In the case of payment by credit card, the debit will be made from the User’s card immediately after confirmation of shipment of goods. If some products ordered are out of stock, the value of the same will be credited to the User’s card after the order is closed.
The Multibanco, Mbway and Credit Card are processed by the Hipay entity:
Article 4. Prices
Prices are to be understood in Euros, with taxes and duties 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 a product, the User will be informed immediately and may choose to receive his order (making payment of the difference) or to proceed to its cancellation.
Whenever an article is with price reduction is mentioned the type of sale (sales, promotions or liquidation), the type of products, the percentage of reduction, the starting date and the period of duration and its communication to the competent authorities, if necessary.
Article 5. Delivery and shipping information
1. This will be done by CTT or a similar carrier.
2. To the order are added the costs of postage according to the table in force, and they 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 may resort to Dispute Resolution through the Arbitration Center (see section of the Online Store called “Dispute Resolution”) and/or fill out the Complaints Book (see section of the Online Store called “Complaints Book”.
Article 7. Right of free withdrawal
The USER has the right to free termination of this contract within 14 calendar days, without the need to state any reason, in accordance with Portuguese law.
The period for exercising the right of free termination expires 14 days from the day after the day on which you or a third party indicated by you, other than the carrier, acquires physical possession of the goods.
According to art.17+ of Decree Law 24/14 of February 14, exceptions to the Right of Free Resolution are the supply of sealed goods that cannot be returned for reasons of health protection or hygiene when opened after delivery.
In order to exercise your right of free withdrawal, you must communicate to the Online Store your decision to terminate this contract/purchase by means of a letter sent by registered mail with acknowledgment of receipt or communication via e-mail to the e-mail address registered in the Preamble.
For the period of free withdrawal to be respected, it is sufficient that your communication regarding the exercise of the right of free withdrawal has to be sent before the expiration of the withdrawal period.
In case of withdrawal from this contract, you will receive a refund of your payment, with the exception of the cost of returning the goods, which will be borne by the consumer. The reimbursement shall be made without undue delay and in any case not later than 14 days from the date on which the goods are received and are in perfect condition of presentation and conservation.
We will carry out such refund using, where possible, the same means of payment as you used for the initial transaction and will not incur any costs as a result of such refund.
The following cases are considered exceptions to the Right of Free Resolution, pursuant to art. 17 of decree-law no. 24/2014, of 14 February, unless otherwise agreed by the parties:
(a) the supply of services, where:
(i) the services have been fully performed following the consumer’s prior express consent in accordance with Article 15; and
(ii) the consumer acknowledges that he loses his right of free withdrawal if the contract has been fully performed by the trader in that case;
(b) the supply of goods or services for which the price is dependent on fluctuations in financial market rates which cannot be controlled by the supplier of goods or services and which may occur during the withdrawal period
c) The supply of goods made to the consumer’s specifications or which are clearly personalized;
d) The supply of goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly;
e) Supply of sealed goods that cannot be returned for reasons of health protection or hygiene when opened after delivery;
f) Supply of goods that, after their delivery and by nature, are inseparably mixed with other articles;
(g) supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the purchase contract, the delivery of which can only take place after a period of 30 days, and the actual value of which depends on market fluctuations which cannot be controlled by the trader
h) Supply of sealed audio or video recordings or sealed computer software which the consumer has removed the seal of inviolability after delivery;
i) The supply of a newspaper, periodical or magazine, with the exception of subscription contracts for the mailing of these publications;
(j) concluded by public auction;
k) Supply of accommodation, for non-residential purposes, transport of goods, car rental services, catering or services related to leisure activities if the contract foresees a specific date or period of performance;
(l) supply of digital content not supplied on a tangible medium if:
(i) their performance begins with the consumer’s prior express consent; and
(ii) the consumer acknowledges that his consent forfeits his right of free withdrawal;
(m) the supply of repair or maintenance services to be performed at the consumer’s home at his request.
In the case of contracts under point m) of the preceding paragraph, the right of free withdrawal applies with regard to services provided in addition to those specifically requested by the consumer or to the supply of goods other than replacement parts necessarily used in performing the maintenance or repair.
Article 8. Return and exchange policy
All products purchased in the Online Store may be returned and refunded, provided that the customer expresses their intention within a maximum period of 14 days from receipt, provided that the same articles have not been used, are in the same condition in which they were delivered, in the original packaging and with original labels. The shipment should be made, whenever possible, in the same box in which it was delivered.
If you wish to exchange an item, you must return the item by registered mail 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.
Exchanges are not made and returns are not accepted for items on sale or on promotion. Themed articles (for example, articles alluding to Christmas, Halloween, etc.) will not be exchanged or returned.
The customer should verify upon delivery that the order is in good condition and has not been damaged during transport. If there is any anomaly you should report it immediately to the employee who delivers the order, as well as inform us in a single email of all anomalies detected. 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 charged by the same, having the customer, under these conditions, a maximum of 30 days to make the return. If the reason is of another order (e.g.: the item is not of the customer’s liking), the return costs will be borne by the customer.
To make a return, the customer must inform the Online Store that you want to make the exchange / return, stating the reasons for it, through the e-mail address listed in the preamble.
Within a maximum of 14 days, the Online Store will analyze the returned item and inform the customer of the right to a refund or to resend the same. If the reasons given for the return are confirmed, the customer will be refunded the full amount paid, including delivery and return shipping costs.
Additionally, the data subject may always lodge any complaints he/she deems necessary with the competent authority for this purpose.
These general conditions are governed and interpreted in accordance with the Portuguese laws.