1. Introduction
By using or visiting the website (“https://barbaramedeiros.com”) or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (together, “Contents”), resources and services, including newsletter (together, including the Contents, the “Services”) made available through it, you, as a user or visitor thereof (“User”), agree to and accept (i ) these Terms and Conditions of Use (“Terms and Conditions”) and (ii) the Privacy and Cookies Policy available on the website.
The Website is owned by the company Dona Bárbara Boutique Lda, with registered office at Ladeira dos Alqueves 31, 3040-329 Coimbra, under the unique registration and legal person number 516054236, hereinafter referred to as “BM”.
Through the Website, BM allows the User to access its Services. The Services, including updates, developments, new tools and/or new web properties, are subject to these Terms and Conditions.
Placing an order for products supplied by BM can be done through the Website, as well as all attached services that are available.
2. Users Responsibility
BM reserves the right to change these Terms and Conditions at any time, simply posting the changes online on the Website, with the User being solely responsible for checking and complying with them each time they are used. The use of the Website after the publication of changes constitutes acceptance of the updated wording of the Terms and Conditions. If you do not agree with the changes made or, in general, with the updated Terms and Conditions, you must immediately stop using the Website and Services.
By accessing, using and downloading materials from the Website, the User agrees, on their behalf and/or on behalf of the entity on whose behalf they are acting, to promptly comply with the provisions of these Terms and Conditions, guaranteeing that they have the power to act on behalf of the third party it represents, if necessary.
Access to the Services by any means other than through the interface provided by BM is expressly prohibited, as well as access (or attempted access) to the Website and/or the Services through automated means (including the use of scripts or web crawlers ).
The use of the Website for purposes other than those for which the Website is intended is expressly prohibited, including illegal purposes or any other that may be considered harmful to BM's image. Usurpation, counterfeiting, taking advantage of usurped or counterfeit content, illegitimate identification and unfair competition entail criminal and/or administrative liability.
The User is also prohibited from creating or introducing any types of viruses or programs that damage or contaminate this Website or from advising third parties to do so.
User Account for ordering purposes
In order to access certain Services and restricted areas of the Website, you may be asked to provide certain personal data (such as identification and contact details) as part of the registration process to create a User account. on the Website (“User Account”). You must indicate a valid email address that you have the right to legitimately access, as well as any other information necessary to complete the registration process. The information provided must be up to date, complete and accurate.
The User is responsible for maintaining the confidentiality of their password. If you detect any illicit use of your User Account, you must immediately notify BM. However, you may be held liable by BM or a third party for the illicit use of your User Account or password.
The User account must only be used by a third party with the consent of the respective holder.
The User is exclusively responsible for any consequential damages or loss of profits caused by their unlawful conduct when using the Website and Services and for the Content they make available on the Website.
If BM deactivates or otherwise removes access to your User Account, you understand and accept that you may be prevented from accessing certain restricted areas of the Website, your User Account details or any content therein.
BM Rights and Obligations
BM reserves the right to: modify, add or remove parts of the Terms and Conditions at any time;
modify or terminate the Services for any reason and without prior notice at all times;
remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or which violates third party intellectual property rights or the Terms and Conditions;
modify, replace, refuse access to the Website and Services, suspend or discontinue them, partially or totally.
These changes will take effect as soon as they are posted on the Website or on the date of sending any communications.
BM is committed to providing technical support to the User with a User Account, which is only available via email.
4. Intellectual Property
All information contained on the Website and the Services and all data and information compiled by BM associated therewith (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which access as part of the Services or through your use of them are considered BM content. The User is not permitted to modify, rent, lend, lend, sell, distribute or create a derivative work based on said contents (partially or totally), unless expressly authorized in writing for this purpose by BM or a third party that holds the respective intellectual property and personality rights.
You acknowledge and agree that BM retains all intellectual property rights (whether those rights are registered or not and wherever in the world such rights may exist) relating to the Services. BM retains all rights not expressly granted to the User in these Terms and Conditions.
You further agree not to remove, obscure or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained in the Services.
Brands and the like
Unless you have been expressly authorized by BM to do so, nothing in these Terms and Conditions gives you the right to use any of BM's trademarks, trademarks, service marks, logos, domain names and other distinctive brand features BM.
5. Exclusion of Warranty
To the extent permitted by applicable law, services and products are provided “as is” and “as is and as available” and BM does not provide any type of warranty regarding them. In particular, BM does not guarantee the User that (i) the use of the services will meet their needs or expectations; (ii) the use of the services is not interrupted, or is punctual, secure or error-free; and, (iii) any information obtained resulting from the use of the services is accurate or reliable.
No conditions, warranties or other terms (including any implied terms regarding satisfactory quality, fitness for purpose or conformity with description) apply to the Services except to the extent expressly set out in these Terms and Conditions.
The use, by the User, of the Website, the Services, as well as any materials downloaded or otherwise obtained through the use of the Services is done at their own risk, being exclusively responsible for any consequential damages and lost profits caused to the equipment in which you use or view the Website, Services and materials available there.
Nothing in the terms of use shall affect the rights provided for by applicable legislation to which the User is always entitled as a consumer, if in that capacity he intervenes and interacts with BM, and which, contractually, he cannot agree to change or waive.
No recommendation or information, whether oral or written, from BM should be construed as constituting a warranty of any kind, unless expressly provided for in these Terms and Conditions.
To facilitate User accessibility, BM may include links to websites that are owned or operated by third parties. When using links to these third-party websites, the User must review and accept the rules of that website before using it. The User must also accept that BM does not control the content of these sites and cannot assume any responsibility for the materials created or published by these third party sites. Furthermore, a link to a non-BM website does not imply that BM endorses the website or the products and services referenced there.
The illustrations of the products on this Website may not fully correspond to the products delivered to the Client
6. Limitation of Liability
To the extent permitted by applicable law, BM assumes no liability to the User for any damages resulting from:
any judgment of the user regarding the completeness, accuracy or existence of any advertisement or any relationship or transaction carried out with any advertiser, whose advertising is presented on the Services or in the BM newsletter;
any changes that BM may make to the Services or any permanent or temporary cessation of provision of the Services (or any features of the Services);
the deletion, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the Services;
direct or indirect violation of these Terms and Conditions;
failure to maintain the security and confidentiality of the password or User Account details.
BM's liability for compensation for any consequential damages related to the Website and Services, caused by BM, its representatives or assistants, is limited to cases in which it acts with intent or gross negligence, with any liability for profits being excluded. outgoing. If you disagree, partially or totally, with the Website or the Services, or with these Terms and Conditions, you only have the right to stop using the Website or the Services, as applicable, and to demand the cancellation of your User Account
7. Privacy Policy
The Privacy Policy is available at [https://barbaramedeiros.com/pages/politica-de-privacidade]. The document contains an explanation of the procedures adopted by BM and third parties that provide services through the Website, in the context of processing the personal data of its Users and protecting their privacy when using the Website and Services.
8. Cookies Policy
Access to this website may involve the use of Cookies. The User can consult the Cookies Policy at the link […].
9. Generic Concepts
Prevalence
In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions existing on the Website relating to certain materials, these shall prevail.
Exercise of Rights
The non-exercise or immediate application of rights or provisions by BM, provided for in the Terms and Conditions, shall not be interpreted as a waiver thereof.
Completeness
The Terms of Use constitute the entire agreement between the User and BM regarding the use and consultation, by the User, of the Website and the Services, and regulate the use of these (excluding any Services that may be provided by BM under a written contract separately), completely replacing any previous agreements established between the User and BM in relation to the Website and the Services.
Reduction
The invalidity, declared by a final court or arbitration ruling, of any provision of the Terms and Conditions does not determine the invalidity of the others, BM reserving the right, if applicable, to modify the Terms and Conditions accordingly in order to provide invalidity.
Notifications/Communications/Complaints
Any notifications and communications from BM to the User under the Terms and Conditions must preferably be made to the email address or address provided by the User in their User Account, without prejudice to BM being able to use other elements and forms of contact.
Any notifications, communications and complaints from the User must be made, preferably, to the email: hello@barbaramedeiros.com
10. Applicable law and forum
The Terms and Conditions, as well as the User's relationship with BM in accordance with them, are governed by applicable Portuguese law. The User and BM agree to submit to the exclusive jurisdiction of the judicial courts of the district of Porto the resolution of any legal issues arising from the Terms and Conditions, without prejudice to the applicable mandatory legal standards. Notwithstanding the foregoing, BM may apply precautionary measures (or equivalent types of urgent legal compensation) in any jurisdiction.
II. General ordering, payment and return conditions
1. Scope
1.1. These general conditions (“General Conditions”) govern and are an integral part of the service provision contract entered into through the website (“www.barbaramedeiros.com”) between Dona Bárbara Boutique Lda, with headquarters in Ladeira dos Alqueves 31, 3040-329 Coimbra, under the unique registration and legal person number 516054236, hereinafter referred to as “BM” and the client signing the contract (“Client”), whose purpose is to provide services for the supply of Textile products (“Service”) and also, […], among others.
1.2. The conclusion of the Contract, which takes place after confirmation of the order placed through the Website, is carried out in accordance with these General Conditions, the knowledge and acceptance of which by the Customer is manifested by validating the check box for that purpose on the order form, being the Customer is also aware of and accepts the Terms and Conditions of the Website and its Privacy Policy.
2. Orders
2.1. When placing any order, the Customer must correctly fill out the respective form, indicating, in particular, the desired products, as well as their personal data and payment information, taking full responsibility for the choices made and the information provided, which must be complete. , true and updated.
2.2. No refunds are due for goods and/or services that, although made available to the Customer, the Customer chooses not to enjoy or use.
2.3. Given the wide range of products on the Website, there may be errors in prices or images of items. If such circumstances arise, BM will immediately contact the Customer.
2.4. In cases where stock is out of stock, the order placed by the Customer will be suspended until delivery of the ordered products is again possible. In these cases, BM will inform the Customer via email.
3. Benefits, promotions and discounts
3.1. Depending on the agreements entered into by BM with third parties (“Partners”) and which are in force on the date the order is placed by the Customer, the Customer may have access to special discounts (“Benefits”).
3.2. In addition to the provisions of clause 3.1, BM may carry out on the Website, with a limited time or not, certain promotions (“Promotions”) and discounts (“Discounts”) for its Customers.
3.3. The following conditions apply to Benefits, Promotions and Discounts:
i) To benefit from certain Promotions and/or Discounts, the Customer may be asked to enter a promotional code (“Promotional Code”);
ii) Benefits, Promotions and Discounts are subject to existing stock;
iii) BM reserves the right to cancel Benefits, Promotions and/or Discounts or to reject a Promotional Code when the total value of the Promotional Codes already used exceeds a certain financial value or when they are used fraudulently;
iv) Benefits, Promotions and Discounts are only valid for orders placed through the Website and are not transferable to third parties;
v) In the event of cancellation of an order placed within the scope of a Benefit, Promotion or Discount, the value of the Benefit, Promotion or Discount will not be refunded, nor will it be guaranteed to be reapplied to another order;
vi) If there is a change, at the initiative of the Customer, to the characteristics and/or ownership of an order placed within the scope of a Benefit, Promotion or Discount, the Customer may lose the benefit/perk granted by the order, applying the provisions, in case of withdrawal, at point 10;
vii) The use of fraudulent mechanisms to obtain Benefits, Promotions or Discounts makes the Customer liable in general terms and gives BM the right to choose between (a) the application of the rate without discount and (b) the termination of the Contract, equating - this resolution, in terms of the consequences arising from it, is the termination of the Contract by the Customer in accordance with point 10, without prejudice to BM's right to be compensated for all damages suffered;
viii) BM reserves the right to cancel and/or change Benefits, Promotions and Discounts at any time.
4. Taxes
Unless explicitly stated otherwise, the price of products already includes the taxes legally due (including, in particular, Value Added Tax - “VAT”).
5. Payment
5.1. The Customer must pay the amount indicated on the order form for it to begin being prepared for shipment.
5.2. For the purpose of paying for the order, BM offers the following payment methods:
Credit card – Visa, mastercard, maestro;
ATM reference;
PayPal;
MBWAY;
Bank transfer.
Klarna.
Google Pay.
Apple Pay.
9. Cancellation, Exchange and Returns
9.1. In light of the applicable rules (article 10 of Decree-Law no. 24/2014, of February 14), the Customer has the right to terminate the contract, up to 14 (fourteen) days, after the conclusion (time of order) without having to provide any motivation, except when it concerns sealed goods that cannot be returned, for reasons of health protection or hygiene when opened after delivery in accordance with paragraph e) of paragraph 1 of article 17. of Decree-Law No. 24/2014, of February 14th.
The period of free resolution expires: (i) after 14 (fourteen) days from the date on which the customer (or a third party – other than the carrier – indicated by you) physically acquires the products included in your order, given that they are of a purchase of physical products.
For cancellation purposes, the Customer must contact BM via email.
9.2. If the Customer wishes to make an exchange, they must contact BM via email.
10. Impossibility of compliance
When, for reasons not attributable to it, BM is unable to fulfill obligations arising from the Contract, it must immediately notify the Customer of this impossibility. If it is impossible to comply with any essential obligation, the Customer may terminate the Contract without any penalty or accept in writing a change to the Contract and any variation in price. The Customer must communicate their decision to BM within 4 (four) business days after receiving notification from BM, understanding, if they say nothing, that they agree with the change.
11. Complaints
Any deficiency in the execution of the Contract in relation to the services provided by third-party service providers must be communicated to BM in writing, within a maximum period of 20 (twenty) business days after the delivery of the ordered products and/or the end of the services contracted by the Customer.
12. Responsibility
12.1. To the extent permitted by applicable legislation, BM is not responsible for damages that may arise from any unforeseen circumstances or that are beyond its control, and also, expressly and by way of example: delays or network blockages, interference, interruptions, viruses, malfunctions and/or disconnections in the operational functioning of the Website or in the Customer's IT devices and equipment, or any other anomalous functioning of the ordering service due to causes beyond its control and which prevent the order from being placed.
12.2. BM is not responsible for any non-compliance on the part of its service providers and/or partners, to the extent that the provision of services in question goes beyond the scope of the Contract.
12.3. The Customer is responsible to BM in accordance with the law.
13. Personal data
When filling out the order form, the Customer will be asked for certain data capable of identifying him/her (“Personal Data”), which will be collected and processed by BM, as Data Controller, in strict compliance with the law and in accordance with the provisions of the Policy Website Privacy Policy, which can be consulted at the link [insert].
14. Contacts
All communications or notifications within the scope of the Contract must be made using the information provided by the Customer through the online form. Any change to the Customer's data, as well as any communication or notification sent by the Customer to BM, must be made to the following contacts:
Email: hello@barbaramedeiros.com
Postal address: Ladeira dos Alqueves 31, 3040-329 Coimbra
Telephone: + 351 913 936 244 (cost of a call to the mobile network according to your tariff)
15. General provisions
15.1. The General Conditions are only applicable to orders placed through the Website.
15.2. The provisions of these General Conditions may be changed at any time by BM for future legal relationships, without prior notice. Therefore, whenever you place an order, and even if you frequently use the Website, you must read them in full.
16. Applicable law and forum
The Contract is governed by Portuguese law.
For the resolution of any disputes arising from the validity, celebration, execution, non-compliance, termination or interpretation of the Contract, the Porto District Court has exclusive jurisdiction, without prejudice to the applicable mandatory legal rules.