Terms and Conditions of Desfigura
Welcome to DESFIGURA, We’re so glad you’re here.
Make yourself comfortable and have a good time, but please follow our house rules.
Contents
1. Business Policy
The present general conditions are intended to regulate the terms and conditions by which Teresa Silva with NIF 225167107, with a shop located at Rua Dr. Avelino Germano, 81, Guimarães (hereinafter “Desfigura“) will be regulated.
Desfigura’s service consists of the availability and supply of a set of products and/or services, in order to allow the user, to which is attributed the condition of the client, to order and buy online, the products and/or services presented in it.
Using Desfigura implies the full acceptance and agreement of all the parameters present in the described Terms and Conditions and the Privacy Policy in effect at the moment you access Desfigura.
If you do not accept, partially or entirely, any of the stipulated conditions you should not shop at Desfigura. If you access Desfigura, you will be committed and responsible to comply with the conditions set out on this page and in the Privacy Policy.
2. Purchasing Conditions / Orders
2.1. Product and Price Information and Availability
All products and/or services available at Desfigura can be purchased, except in cases of stock breakdown or limitation, as well as for personalized/customized or made-to-order products, whose availability may be variable. Products may become unavailable without prior notice but, in such circumstances, they will be properly identified on Desfigura.
Although Desfigura works its website with the utmost care, the information, texts, graphic materials, films, music and/or other services may contain errors or be incomplete or incorrect. Desfigura commits itself to make its products and/or services available in a clear way and to correct possible errors that may occur as soon as possible. Desfigura will not be liable for any damages resulting from the use (or inability to use) the website, including damages caused by viruses or any inaccuracy or imperfection of information, unless such damage is the result of intent or negligence on Desfigura’s part.
Desfigura discloses, in a concise manner, the prices of each product and/or service, including VAT rates, shipping costs applied to each order and other additional costs that may be applicable.
Information about products, prices, contents, images, videos, promotional campaigns and services can be updated and changed by Desfigura at any time.
2.2. How to Order?
To order at Desfigura it is necessary that the client/user has an email account and that his/her browser is configured to accept cookies and pop-ups, in order to make full use of the website, which includes designing items, adding items to your Basket and checking out from our website.
Placing an order on the Websites is easy:
- Find the products you want;
- Add the products to your basket;
- Proceed to checkout.;
- Select delivery and billing options;
- Review your order.;
- Submit your order;
- Receive an online order confirmation;
You are bound by your order once you have clicked the “Checkout” button at the end of the ordering process. By clicking the “Checkout” button, you send your order to us as it is displayed in the final check out screen.
Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded.
A copy of the automated order confirmation will be sent to your e-mail address.
We strongly suggest that you print or download this copy for future reference.
We explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation.
By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on desfigura.com, also through links, including the General Terms and Conditions of Use, Privacy Policy and Return Policy.
Desfigura may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that we, as Vendor, will not carried out your purchase order specifying the reasons thereof.
If the products displayed on desfigura.com are no longer available at the time of your last access or once we received your order form, we shall inform you of the unavailability of the ordered products within thirty (30) days from the day after we received your order.
If the order form has been sent and the price has been paid for items that are no longer available, we will refund the amount paid for those items.
2.3. Our right to not accept your order or cancel your purchase
We (Desfigura) reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:
- the product is not available / in stock (any payments will be refunded);
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- your bank transfer payment is not received within 5 days after acceptance of your order;
- we have reason to believe you are under 16;
- we could not deliver to the address provided by you.
In case of cancellation, Desfigura will contact the client, by phone or e-mail, as soon as possible in order to ease the process.
2.4. Data Check
When you send us your order, we may run some checks on it before it is fulfilled.
These checks may include verifying your address, creditworthiness, and checking for fraud.
As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud will be investigated and if necessary prosecuted.
By submitting your order, you agree to this.
3. Guarantees and Product Price Indication
3.1. Payment Methods
You can find the available payment methods in the Help/FAQ’s section of the relevant Website. We do not accept any other method of payment than mentioned, as our system is not designed to process other payment methods. Please do not try to pay in any other way than specified there. If you do, we will not be liable for loss of payment or any other damages that may result from this action.
3.2. Payment Processing
If you pay by Credit Card, we will deduct the amount due from your account as soon as your order leaves our warehouse.
In case of payment by Credit Card, all details (for example, Card Number or Expiration Date) will be sent by encrypted protocol to the company that provides remote electronic payment services, without third parties having any access there whatsoever.
Such details will not be used by Desfigura except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police.
4. Order Security
Desfigura uses a secure technology, one of the most robust encryption platforms available.
Your payment information will be encrypted from the moment you enter it until your transaction is processed, and will not be saved on a public server. Although we use encrypted security software, the security of information and payments transmitted by the Internet or via e-mail can’t be guaranteed.
Desfigura shall not be liable for any damages suffered as a result of the use of electronic means of communication, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Payments can only be processed if the billing information can be verified.
5. Reservation of Property
Desfigura retains ownership of the products until full payment has been received for those products.
6. Prices
6.1. Value-Added Tax (VAT)
The product prices displayed on the Websites are inclusive of Value-Added Tax (VAT).
Shipping rates are applied per order. The exact shipping rates depend on the country to which your order is being delivered to.
For details on shipping rates per country see the Help/FAQ’s section of the Website.
6.2. Currency
Prices are all quoted in Euro.
Please note that changing the country of delivery may have an influence on the price due to transport costs.
6.3. Your Total Price
The total price specified in the final check out screen includes tax and shipping costs.
The prices are quoted in the order confirmation of receipt of your order as well, which you can print or download for future reference.
Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation.
6.4. Price Changes
The product prices displayed on the Websites may be subject to change. We reserve the right to change prices without notice. The prices as displayed at the moment of purchase are the prices applicable to that purchase.
6.5. Pricing Errors
Please note that even though the Websites are composed with care, it is possible that the pricing information on our Websites contains errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such an error.
7. Quality and Guarantee
The main characteristics of products are shown on desfigura.com on each product page.
The products offered for sale may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
Should you decide to exercise your right to return purchased products (non-customized or non-personalized), Desfigura has the right to not accept returned products that have been altered from their original status or damaged.
8. Shipping & Delivery
All orders (with the obvious exception of digital orders and orders booked for in-store pick-up) are shipped via CTT Express. The tracking number will be sent to the email provided by the customer during the checkout process.
Desfigura will not be liable or responsible for any failure to perform, or delay in perform of, any of obligations that are caused by events outside our reasonable control (Force Majeure Event – includes any act, event, non-happening, omission or accident beyond our reasonable control).
We try to deliver on time to the extent this is commercially reasonable. We usually make it, but we cannot guarantee timely delivery.
For more information about shipping methods and their fees, please consult the Help/FAQ’s section of the site.
a) Split Delivery
Where possible, we try to deliver in one go. However, we reserve the right to split the delivery of your order, for instance (but not limited to) if its size exceeds the dimensions allowed by the shipping company. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at purchase.
b) Inspection Upon Delivery
Upon delivery, please inspect the packaging, whenever possible, to ascertain any damage, and to report any anomaly to us as soon as possible.
Any complaint of no reception of the order must be made within a maximum of 30 days after the date that the order was placed. After this time, Desfigura cannot be held responsible for the loss of the order.
9. Returns & Cancellations
You may cancel an order, provided that it:
– it has not yet been shipped;
– it is not an order that includes customised or personalized products;
You are requested to inform Desfigura using the following e-mail: shop@desfigura.com.
If the cancellation request has been made after the order has been shipped, it will be forwarded for delivery and the customer may choose to refuse to accept it. Desfigura is not responsible for possible delays in handling order cancellations.
Desfigura reserves the right not to process orders or refunds that are not in accordance with the general conditions of sale or in cases of data inconsistency, fraud or customer misconduct, as well as for technical issues unrelated to Desfigura.
For more information about returns and/or cancellations, please consult the Help/FAQ’s section of the site.
10. Freedom of Resolution
The customer has the right to terminate the contract for products and/or services within 14 (fourteen) days from the date of conclusion of the contract, and remaining under the terms of Decree-Law n.24/2014, of 14 February (as amended by Decree-Law n.º 78/2018, of 15 October and Law n.º 47/2014, of 28 July).
Unless otherwise agreed by the parties, the customer cannot freely terminate contracts:
- of services, when the services have been fully provided after the customer’s prior express consent; the customer in such a case acknowledges that he loses the right of free withdrawal;
- of customisation or personalisation of products, when the service has already started after the customer’s prior express consent;
- of supplying digital content not supplied on physical support, when its execution has begun with the prior and express consent of the customer.
If the client wishes to terminate the contract, they may do so by emailing shop@desfigura.com or by completing the contact form available from Desfigura at desfigura.com/contact.
By terminating the contract within the legal period, in addition to the return of the product, the customer must return any offers accompanying the main product. Desfigura shall refund the amount paid within 14 days after receiving the returned order accompanied by the purchase invoice, proof of payment and return form.
The refund will be made by the same method of payment used by the customer in the initial payment, except in situations of express agreement and where the customer does not incur any costs as a consequence of the refund.
Any reimbursement procedure will be processed as provided for in the legislation in force in Decree of Law No 24/2014 of 14 February.
11. Complaints
The client may submit a complaint regarding any issue, act, information or service provided concerning Desfigura through the email contact support@desfigura.com or through the electronic Complaints Book available at Online Complaints Book.
12. Liability
By creating and using an account at Desfigura, the customer is responsible for account maintenance, confidentiality and all the activity coming from his account. By creating the user account and placing orders, the customer expressly and unequivocally accepts the Terms and Conditions in their most up-to-date version.
Desfigura is not responsible for eventual information disclosed by third parties, technical failures or any other problems that prevent the access and proper functioning of the online shop. Desfigura is not responsible for possible damages, directly or indirectly related to the use, or inability to use, the products and/or services made available, as well as for any delay or unforeseen in the delivery of orders.
13. Personal Data Processing
Please check our Privacy and Cookies Policy.
14. Trademarks and Copyright
Desfigura is an online shop and a registered brand, being the service provided the responsibility of the same.
You are not allowed to use or reproduce any such trademarks or trade names as this may constitute an infringement of the holders’ rights. All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are the copyright of Desfigura.
You are only allowed to electronically copy and print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication. Should you wish to use materials or information from this Website, you need to obtain prior written consent from Desfigura.
15. Applicable Law
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Websites shall be governed by Portuguese Law.
16. Desfigura’s Right To Vary These Terms
Desfigura has the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that your order products from us, unless any change to those policies.
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