Terms and conditions
CATEGORIA D' ESTRELAS, UNIPESSOAL LDA
NIPC 515 360 643
Headquarters: Avenida Marginal, nº 6403, casa 7, R/C 2765-605 Estoril
Terms and Conditions of Electronic Commerce Use
To the Client/User of the web site danifernandesmodeladores.com, belonging to CATEGORIA D' ESTRELAS, UNIPESSOAL LDA, unique registration number and legal person 515 360 643, head office Avenida Marginal, nº 6403, casa 7, R/C 2765-605 Estoril apply all the terms and conditions of CATEGORIA D' ESTRELAS, UNIPESSOAL LDA, to be included in this web page.
Any person (User) using the services of Categoria D' Estrelas must have read, understood and accepted these Terms and Conditions of Use of Electronic Commerce and other policies of the web page.
ARTICLE 1 (Object)
1.1 The present Conditions Categoria D' Estrelas are intended to establish the rules and conditions for use of the web page danifernandesmodeladores.com by the Customer / User, being understood as buyers consumers of products offered on the site. The website danifernandesmodeladores.com is a platform in E-Commerce format for the commercialization of underwear for adults. The products on this website are made by the seller herself, not being concerned with products made by third parties;
1.2 These Conditions also aim to define the conditions of sale of products established between the Categoria D' Estrelas and the Customer / User purchaser, since the act of order to other services provided by the Caregoria D' Estrelas , such as payment and conditions of delivery of goods, the latter effected by third parties;
1.3 The web page danifernandesmodeladores.com provides the following services for its users: (i) offer and supply of underwear for adults; (ii) the purchase and sale of the products advertised, namely for consumer users, buyers or users, so that the buyer, by making the purchase through this web page declares to be the final consumer of the products;
1.4. The Seller enables Users who are final consumers of the products to purchase them through an electronic platform (web page). Purchases made by non-consuming Customers/buyers are subject to cancellation without the right to receive the products or, if it is not possible to check this condition before sending the order, the Customer/User shall refrain from reselling the Seller's products, such act being expressly prohibited;
1.5. The articles presented in this web page are available for delivery in Portugal and other countries in the world. Any customs duties and/or taxes applicable to the products by the place of destination of the packages (e.g. any countries, taxes on shipments with express mail applicable in the Azores and Madeira) are the full responsibility of the consumer User;
ARTICLE 2 (The celebration of the contract)
2.1 To place the order, the User must follow the online purchase procedure and click on "Authorize Payment", and before that must read and accept the present "Terms and Conditions of Purchase". By doing so, the present Contract will be signed, and from the acceptance the price will be fully due by the purchasing User;
2.2. The Customer/User will receive later, an e-mail acknowledging the receipt of your order. The Customer/User may have the detailed description of the purchase process in his personal account;
ARTICLE 3 (Registration, Access and Ability to Become a Buyer/User)
3.1.1 The Categoria D' Estrelas is not responsible for the correction of the Personal Data entered by its Users, who guarantee and answer civilly and criminally for the veracity, accuracy and authenticity of their Personal Data registered.
3.2 The services of Categoria D' Estrelas are available to all individuals who have full legal and civil capacity, as long as they fit in the condition of final consumers of the products, except in the event of voucher purchase. Those individuals who do not have legal capacity to conduct business may not register or use the services of Categoria D' Estrelas as Buyer Users.
3.3 The Client/User access to their account will be through the insertion of a login email address and password. The Client/User undertakes not to inform third parties of this data, being fully responsible for the use that is made of them.
ARTICLE 4 (Of the products offered and delivery)
4.1. The confirmation of orders for CATEGORIA D' ESTRELAS products, are subject to their availability. In case of difficulty regarding the supply of products or unavailability of articles in stock, CATEGORIA D' ESTRELAS, will inform the Client/User and the Client/User who has already made the payment will be refunded within 14 (fourteen) days;
4.2. When placing orders, the Client/User must inform, in the respective field made available for this purpose, the data of the eventual third party authorized to proceed to receive the ordered product(s);
4.3. The available products will be sent, when in national territory (Portuguese), within a period of 5 to 7 working days; in the event of delivery outside of national territory, which will occur particularly for countries that the CATEGORIA D' ESTRELAS, expressly consent, the shipment will take place within 30 working days. We do not ship to Canada, since we have an exclusive resale in this country.
4.4 The parties agree that the terms referred to are merely indicative and non-binding and there is no liability on the part of the Seller if there are unforeseen circumstances, problems in the delivery areas or delays are due to the activities of the carrier;
4.5. The Client/User purchaser, in face of delays relative to the delivery of the products, will be duly informed, being able, in this hypothesis to: i) continue with the purchase and establish jointly to the Seller a new delivery date; ii) cancel the order by means of a full refund of the amount paid, without prejudice of the other rights that assist him/her in the terms of the applicable legislation.
4.6. The delivery will be made when the Client/User or third party authorized by him/her is physically in possession of the product(s), which will be evidenced by the signature of the order receipt at the indicated delivery address;
4.7. If it is not possible to deliver the order, a note will be left indicating where it is available for pick-up and/or the procedure for a new delivery to be scheduled. If it is not possible for the User to deliver the product(s) within the stipulated period, the Client/User may be charged for expenses related to the storage of the product(s) and new delivery attempts, which will be informed in the sequence, setting up the respective procedure for charging the User.
ARTICLE 5 (Transfer of risks and ownership of products)
5.1. From the delivery, confirmed by the signature of the receipt of the order, the risks on the product(s) are borne by the buyer;
5.2 The Customer/User purchaser shall acquire ownership of the product(s) only from the moment of full settlement of the amount due for the product(s), including shipping, reshipment or other applicable costs;
ARTICLE 6 Price and Payment
6.1 The price of each product will be that stipulated on the website danifernandesmodeladores.com at the time of purchase, except in case of a known error. If any error is detected in the price of any of the products ordered, the Customer/User will be informed about it and will be given the option to confirm the order with the correct price or cancel it. If it is not possible to contact the purchasing Client/User, the order will be cancelled with a full refund of the amount paid;
6.2 The parties agree that the CATEGORIA D' ESTRELAS is not obliged to supply any product at a lower incorrect price (even if the shipping confirmation has been sent) if the error in the price is obvious and unambiguous and if it can be recognized by the buyer Customer/User, considering in this context as a benchmark a reasonable analysis against the regularly operated price and the characteristics of the product;
6.3 The prices announced on the web page danifernandesmodeladores.com take into account the VAT applicable to the day of the order and any change in the type of VAT applicable will be reflected in the prices of the products. The advertised prices do not include shipping costs, which will be added to the total amount due;
6.4 The prices may be changed at any time, and the CATEGORIA D'ESTRELAS will not be linked to the prices once advertised. Possible changes will not affect orders for which the Order Confirmation has already been sent;
6.5. Payments to CATEGORIA D' ESTRELAS may be made according to the modalities indicated in the checkout.
CLAUSE 7 (Customer/User Obligations)
7.1 In order to perform transactions on the E-Commerce platform, the Client/User purchaser must read, understand and expressly accept the present Terms and Conditions of Use of Electronic Commerce, committing to fully comply with the provisions contained therein;
7.2 The Client/User declares to be aware that the delivery services are of exclusive responsibility and obligation of a third party company, recognizing, from now on, that CATEGORIA D' ESTRELAS has no responsibility for the quality, functionality, form, service and conditions of delivery of the products by the third party company, nor the costs of carrying and shipping are covered in the final value of the product. CATEGORIA D' ESTRELAS, through its platform, is only responsible for promoting the rapprochement between the Client/User and the carrier.
7.3 It is the exclusive responsibility of the Client/User to fully comply with its own fiscal/tributary/customs obligations, in compliance with the legislation in force, and CATEGORIA D' ESTRELAS cannot impute any burden in relation to the compliance with these obligations;
7.4 By using the Web page of the Seller and/or by placing orders through it, the Client/User purchaser undertakes to: i) use the Web page only to make inquiries or legally valid orders; ii) not place any false or fraudulent order. If, rationally, the Seller can consider that an order of this nature has been placed, it will be authorized to cancel the order and inform the competent authorities. The parties hereby consent to the cancellation of the order by danifernadesmodeladores.com whenever the information provided by the Customer/User does not correspond to reality.
CLAUSE 8 (Purchase as guest)
8.1 This webpage also allows the purchase through the guest buying feature. In this mode of purchase, will be requested only the essential data to make the order. Once the purchase process is finished, you will be offered the possibility to register as a User or continue as an unregistered user.
CLAUSE 9 (Obligations danifernandesmodeladores.com)
9.1 Danifernandesmodeladores.com will be responsible for the confection, offer and availability of the products offered through the E-Commerce platform of CATEGORIA D' ESTRELAS, including but not limited to the entire physical and technological structure for the maintenance of the services provided. For all stages of access to the web page, the obligation assumed by CATEGORIA D' ESTRELAS is an obligation of means.
9.1.1 CATEGORIA D'ESTRELAS excludes any and all liability for the inconvenience or damage inherent in the use of the Internet network, in particular, a breakdown of service, an external intrusion or the presence of computer viruses, or any case of force majeure so classified by the jurisprudence of the courts, to the extent permitted by applicable law;
9.1.2 The CATEGORIA D'ESTRELAS will offer the necessary tools for the checkout and payment process, as well as tools for communications via e-mail (registered e-mail) related to the status of the order;
9.1.3 The Seller undertakes to facilitate as much as possible the transparency and closeness between the Client/User and the third party company(ies) responsible for the delivery(s), in order to mitigate as much as possible the damage that may be caused to the Users by the third party company(ies). However, the parties consent that there is no liability on the part of the Vendor in relation to the delivery services by this third party.
9.2 The CATEGORIA D'ESTRELAS undertakes to make available to the Users all the relevant information for the fulfillment of the object of the present Contract, including information that is necessary and additional about the development of the functioning of the E-Commerce;
9.3 At the Seller's exclusive discretion, discount campaigns may be created, establishing some days or weeks of the year in which all the products offered in the E-Commerce will be offered at a discount to the registered Buying Users;
9.4 The CATEGORIA D'ESTRELAS shall make available to the Client/User a complaints management tool regarding the products offered in the E-Commerce, obliging itself to make viable the procedure of returns foreseen in this Contract;
ARTICLE 10 (Exchange and Return Policy)
10.1 The right of free termination of the Contract
10.1.1 The Client/User is entitled to free termination of this Agreement within the first 14 days from the date he/she acquires physical possession of the product(s);
10.1.2 If several products have been purchased, the period of free rescission referred to ends after 14 days from the date on which the Customer or the third party authorized by him to receive the products is in the possession of the last of the product(s) purchased;
10.1.3 To exercise the right of free termination of this Agreement, the customer may contact the CATEGORIA D'ESTRELAS through the tools available on this website or through the telephone contact also indicated on this website, aimed at the Customer / User. In any case, the declaration in this sense must be unequivocal. If the right to free termination of the contract is exercised electronically, the Seller will acknowledge receipt within 24 (twenty-four) hours.
10.1.4 The Client/User will be reimbursed for the payments made, including the costs of delivery by CTT estimated in this web page, except for additional costs resulting from their choice of a different shipping mode from the less onerous shipping mode offered by us, no later than 14 (fourteen) days from the date the Seller is informed of the decision to terminate the contract;
10.1.5 The refund is made by bank transfer.
10.1.6. The Client/User must return the goods to the care of CATEGORIA D'ESTRELAS without undue delay and no later than 14 (fourteen) days from the day on which he informs us of the free cancellation of the contract. The deadline is considered respected if you return the goods before the end of the period of 14 (fourteen) days.
10.1.7 In order to comply with the withdrawal period, the Customer/User's communication concerning the exercise of the right of free withdrawal shall be sent before the end of the withdrawal period.
10.1.8. The CATEGORIA D'ESTRELAS may retain the refund until it has received the returned goods, and its quality control of the returned items.
10.1.9 The return process must be accompanied by the Delivery Confirmation;
10.1.10. The expenses of return in cases of contract termination must be borne by the Client/User in case of choosing another form of return than that suggested by the Seller;
10.1.11. Pursuant to Article 17 of Decree-Law 24/2014 of 14 February, the right to free rescission does not apply in cases where (i) products are supplied made according to the consumer's specifications or clearly personalized; (ii) sealed goods are supplied which cannot be returned, for reasons of health protection or hygiene when opened after delivery;
10.2 Returns in case of an offer (gift)
10.2.1. In case of gift(s), the Client/User may have the right to return the purchased product(s), provided that (i) the return process is accompanied by the E-ticket attached to the Delivery Confirmation; (ii) the product(s) have the original packaging, labels and other identification elements, as well as, are sealed (for hygiene reasons, they will not be able to return products that have already been opened after delivery); (iii) has not been used and is in condition to be sold; (iv) the purchase made by the user buyer express mention that it is an offer (gift) within 14 (fourteen) days from the order confirmation issued by CATEGORIA D' ESTRELAS;
10.2.2 The contractual right of return due to offer(s) (gifts) of the products is only applicable to the products that can be returned in the same conditions in which the buyer User customer received them, therefore will not be accepted (i) products that have already been used; (ii) sealed products that are not suitable for return for hygiene reasons and that have been opened after delivery; (iii) damaged products; serving for assessment of such use expertise performed by the Seller. Furthermore, the contractual right of return does not apply to personalized products.
10.2.3 In case of return, the refund of the amounts already paid will be made through the same form of payment elected to operate the transaction within 14 (fourteen) days from the date on which the products are received by the Consultant;
10.2.3.1 The Client/User's right to a refund under this clause will only be confirmed after verification of the articles by the Vendor's team. If, after verification by the Consultant, any non-conformity with the provisions of item 10.2 can be noticed, a justified report will be sent to the Buyer User in the sense of non-acceptance of the articles.In case, after the verification of the Seller, it can be noticed any non-conformity with what is stated in the provisions of item 10.2., a justified report will be sent to the purchasing User in the sense of not accepting the return of the parts and the products will only be sent again to the purchasing User in case of bearing, previously, all the shipping costs by the Seller;
10.2.4 The shipping costs for the return from the Buyer User to the Seller shall be fully borne by the Buyer;
11.3 defective products
11.3.1 In cases where it is considered, at the time of delivery, that the product(s) is (are) not in accordance with the provisions of the contract, the Customer/User should contact the Seller as soon as the non-conformity is verified in order to indicate the details of the product and the damages suffered or through the phone contact of the Seller;
11.5.2 The Buyer shall contact the Seller through the channel of complaint of election (e.g. telephone contact), which will intermediate the process of replacement or eventual return of the amount paid for the product(s). In any of the hypotheses you must present the confirmation of the purchase;
11.5.3 The Buyer User client may choose the replacement of the product or appropriate reduction of the price paid for the article. The repair or replacement of the product(s) must be made within 14 (fourteen) days without charges to the Customer / User relating to transport, hand-delivery and material;
11.5.4 The amounts paid for the returned product(s) for any damages or defects shall be refunded in full, including the delivery costs incurred with the shipment of the article and the Client/User's costs of returning them. The return must be made by the same payment method used to pay the purchase;
11.5.5 Variations resulting from natural characteristics used in production, such as grain, texture, knots and colors, will not be considered defects, especially because there are manually developed products that may contain small variations;
12.6.1 Size changes: in cases where the product(s) purchased by the Customer/User does not correspond to the appropriate size, it is possible to change the size for an equivalent part, without the incidence of value due to the provision of additional services of delivery of the product in a new size, within 14 (fourteen) days. It is essential that the Client/User returns the original product to the seller's physical address in such cases. This possibility is without prejudice to the right of resolution mentioned above. It is imperative that: (i) the exchange process is accompanied by the proof of purchase attached to the Delivery Confirmation; (ii) the product(s) have the original packaging, label(s), proof of purchase and other identification elements, as well as, be sealed (for hygiene reasons, will not be able to return products that have already been opened after delivery); (iii) has not been used and is in condition to be sold.
13.7 Other provisions
13.7.1 In any case where it can be verified that the returned products have been depreciated (e.g. poor conservation of the good; manipulation that exceeds what is normally admitted in a commercial establishment, etc.) and the Customer/User intentionally tries to make use of the exchanges and reimbursements, he will be held responsible under the terms of the law.
13.7.2 The parties consent that orders to be sent to other Member States of the European Union through this web page will not be paid, within the scope of transport, by CATEGORIA D'ESTRELAS, with the purchasing customer being obliged to pay shipping costs and return costs, if applicable.
13.7.3 Returns should always be made by post to the address: Rua da Portela 111 A, Portela 2430-010 Marinha Grande.
ARTICLE 14 (Intellectual Property)
14.1 The Client/User acknowledges and consents that all copyright, trademark and other intellectual property rights on the materials or contents that are provided as part of the web page are, at any time, of CATEGORIA D' ESTRELAS or whoever granted the license of use to CATEGORIA D' ESTRELAS. The Client/User may only use the material in the way expressly authorized by CATEGORIA D' ESTRELAS or by whoever granted the license of use to CATEGORIA D' ESTRELAS;
14.2. CATEGORIA D' ESTRELAS is the owner of the Portal www.danifernandesmodeladores.com and holds all the rights on the appearance, design, functionality and all other aspects of the Portal, such rights may not be used, reproduced and/or copied without the express authorization of CATEGORIA D' ESTRELAS.
14.3 The intellectual property of the products offered in the E-Commerce of CATEGORIA D' ESTRELAS is and will remain (unless otherwise stated in writing), the exclusive property of the Seller. This Agreement does not constitute any transfer in the ownership of these rights over the products offered, remaining the ownership of the Seller.
14.4 The Seller declares that the brands, business names, establishment title, advertising expression, slogans, images or any other intellectual property used by the Seller for its own identification, do not infringe any third party intellectual property rights. Also, declares that its products and / or services exposed for sale in the E-Commerce of CATEGORIA D' ESTRELAS do not violate or infringe patent, copyright, trademark, trade name, trade dress, image, industrial design, trade secret or, without limitation, any intellectual property rights of third parties, stating the Seller, finally, that this Agreement does not violate any cessions, licenses or concessions granted and signed between themselves and third parties. The CATEGORIA D' ESTRELAS may remove any advertisements, no longer being bound to them, when it sees fit.
ARTICLE 15 (From the User Reputation System and Product Quality Control)
15.1 The CATEGORIA D' ESTRELAS will make available to Users mechanisms for evaluating (rating or ranking) the performance of the CATEGORIA D' ESTRELAS. The evaluation system will be done exclusively through the sharing of experiences and evaluation through ratings awarded by buyers. This evaluation may be made to one or more products, as well as to services, being totally at the discretion of the one who will fill out the evaluation forms.
15.2. CATEGORIA D'ESTRELAS reserves the right, at its sole discretion, to edit or delete comments that are offensive or that are contrary to these General Terms and Conditions and their annexes. CATEGORIA D' ESTRELAS may also exclude opinions and/or comments on a buyer in compliance with a judicial, administrative or competent authority order that justifies the change.
ARTICLE 16 (General Provisions)
16.1. For all purposes and effects, the parties declare and guarantee that they act in accordance with the Portuguese legislation, respecting the ethical and moral standards related to their activity and/or profession and the quality standards of their segment. Furthermore, these Terms and Conditions of Electronic Commerce are governed and interpreted in accordance with the laws of the Portuguese Republic.
16.2. The eventual invalidation, nullity or unenforceability of any contractual provision shall not affect the other provisions of this instrument, which shall remain valid and enforceable.
16.3 The Terms and Conditions of Use of Electronic Commerce of CATEGORIA D' ESTRELAS are subject to constant improvement and improvement. Therefore, the right is reserved to modify, at any time and unilaterally, these Terms and Conditions of Use.
16.3.1 The new Terms and Conditions of Use will come into force after 10 (ten) days from their publication on the Site.
16.4 The present general conditions of sale constitute the total agreement between the parties in reference.
16.5 The present conditions apply during the entire duration of the services offered by CATEGORIA D' ESTRELAS.
16.6 The computerized records kept in the computer systems of the company CATEGORIA D' ESTRELAS in secure conditions are considered as proof of the communications, orders and payments produced between the parties. The archiving of orders and invoices will be done in a reliable and durable medium to correspond to a faithful and durable copy.
ARTICLE 17 (Alternative dispute resolution)
17.1. If, as a consumer, you consider that your rights have been violated, you may send your complaint to the e-mail address on this website, in order to resort to an extrajudicial resolution.
In this sense, if the transaction has been concluded through this website, the Category D'Estrelas informs the User (in accordance with the EU Regulation No. 524/2013) that it has the faculty to try to solve any dispute in an extrajudicial way through the access to the electronic platform of conflict resolution online, by the electronic address: http://ec.europa.eu/consumers/odr/;