Terms and Condictions

  1. INTRODUCTION

These Terms & Conditions, together with the Privacy Policy , establish the conditions that determine the use of this website and regulate the conditions of the process of purchasing products on it. We invite you to carefully read the Terms & Conditions and Privacy Policy before using the website.

  1. OUR IDENTIFICATION DATA

These Terms & Conditions regulate the sale of products presented on the website by the Company:

– AMATOSOLIVEIRA, Lda. (hereinafter identified on the website by the registered trademark “CLUOH”)

– Head office: Rua Alfredo Keil, 571 7ºD 4150-049 Porto, Portugal

– NIPC: 514966793

– Tlm: + 351 918510995

- E-mail address: hello@cluoh.com

- Web site: 

  1. TERMS OF USE OF OUR WEBSITE

 To place an order on our website you must be at least 18 (eighteen) years old, or, if you are a minor, you must have authorization from your parents or legal representatives to contract under legal terms. By using this website you declare that you fulfill these conditions.

These contractual Terms & Conditions and terms of use of the website may be changed. The amended Terms & Conditions will be published and must be expressly accepted prior to submitting the order.

When creating an account on the website, you must ensure that the mandatory information provided is correct and complete. We ask that you inform CLUOH of any changes to your identification data, namely postal address, email address, and other requested contact details.

The CLUOH website allows the Customer to make a purchase through the “ Buy as a Guest ” functionality, without the need to register for this purpose. In any case, you must ensure that the mandatory information, essential for fulfilling the contract, is correct and complete. Only personal data strictly necessary to be able to carry out your request is requested, which will only be used for this purpose. Regarding the purposes of data processing, we advise you to carefully read our Privacy Policy .

By submitting an order, the Customer authorizes CLUOH to contact them, so that we can fulfill the contract and/or deliver the order.

When using the website, the Customer undertakes not to place false or fraudulent orders, and CLUOH may, if it considers that an order of this nature has been placed, unilaterally cancel it and inform the competent authorities.

  1. CELEBRATION OF THE CONTRACT

To place an order for one or more products available on the website, you must follow the following procedures:

  • Choose a product from the catalogue;
  • Add the product to the “cart”;
  • Afterwards, click on “view cart”;
  • You can proceed with the purchase, as a guest (“Buy as Guest”), by creating an account (“New Customer”) or, if you already have an account, by logging in with your email address and password;
  • Fill in the fields with personal data, contact details and shipping address;
  • Select the payment method;
  • Click on “confirm order”
  • To be able to “confirm order”, you will have to accept these Terms & Conditions in advance.

After payment, the order will be processed and you will receive an order confirmation email. This e-mail constitutes a mere automated proof, which means that we have received your order and in which information is sent to you about the order number and date, payment method, delivery and billing address, product price, value of shipping costs and product identification.

The purchase receipt will be sent to you in paper format along with your order.

In case of difficulties with your order, you can always contact CLUOH through Customer Support hello@cluoh.com.

  1. PRODUCT AVAILABILITY 

All product orders will be subject to availability. In this sense, if there is any difficulty regarding the supply of products, or if there are no products in stock, CLUOH will inform you of their unavailability and will refund the amount you may have paid, within a maximum period of 30 ( thirty days.

  1. PRICES, SHIPPING COSTS AND PROMOTIONAL CODES

The values ​​are in euros (EUR) and the prices paid for the products you order are those displayed on this website, on the date the order is placed, including VAT at the legal rate in force.

Shipping costs will be charged according to the values ​​indicated on the website and calculated depending on the destination address. Any customs fees that may be charged in the destination country, when applicable, are excluded.

You will always be informed, in a clear and concise manner, prior to finalizing the order, about the total price of the product, which includes the price, all fees and taxes and any other costs that may exist, with the exception of the customs fees referred to in the previous paragraph. .

CLUOH reserves the right to change product prices and shipping costs at any time, without, however, affecting orders for which the order has already been completed.

Promotional codes or “Coupon Codes” are codes that may provide you with discounts on certain products, or on your entire order. Promotional codes only apply to purchases made on the CLUOH website.

In order to take advantage of promotional codes, you must make sure that you enter the code in the cart area and in the appropriate space. If you do not apply the promotional code at that time, you will not be able to use the promotional code on that purchase, without prejudice to being able to use it on a subsequent order, subject, of course, to the conditions of use of each promotional code.

  1. PAYMENT

Payments can be made via MB Way, Credit Card, PayPal or Multibanco reference.

MB Way: To be able to use this method, you must subscribe to the service. The generated MB Way reference is valid for approximately 4 minutes.

Credit card: Visa, Mastercard or Maestro (you will be redirected to the Hipay website).

PayPal: To use this method you do not need to have a Paypal account (credit or debit card option).

Multibanco: Make the payment at a Multibanco terminal or through your HomeBanking.

All orders are processed in the local currency of the respective country of purchase. If your bank account is in another currency, the exchange rate used to debit your account will be automatically determined by the Bank/Paypal and not by CLUOH.

All transactions in our online store are protected by Secure Sockets Layer (SSL) and Secure Data Encryption. This encryption process ensures the security of all transactions and that no one can decrypt your personal data.

  1. DELIVERY

The products presented on the website are only available for delivery in the following countries:

Germany, Austria, Belgium, Denmark, Slovakia, Slovenia, Spain, United States of America, Estonia, Finland, France, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Norway, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Sweden and Switzerland.

During the purchase process you will be asked for billing and delivery addresses. For security reasons, we do not ship to PO Boxes.

All orders will be delivered to the address you specified for delivery when you placed your order.

Orders will only be sent after confirming stock availability and confirming payment, and will be dispatched by CLUOH partner companies.

CLUOH will make its best efforts to deliver the order within 1-3 working days for mainland Portugal and peninsular Spain, 1-3 working days for the Azores and Madeira, 1-3 working days for the Balearics and Canaries , 3-5 working days for deliveries within Europe and 3-8 working days for deliveries to other countries outside of Europe. Personalized orders may take up to 6 working days in Portugal and Spain and up to 15 working days for the rest of the destinations.

It should be noted, however, that reasons may occur, such as circumstances beyond CLUOH's control, namely, facts that constitute “Force Majeure” that make it impossible to deliver the order on the scheduled date.

If CLUOH is unable to meet the order's delivery deadline, it will inform you about this situation, giving you the option to continue with the purchase, establishing a new delivery date, or cancel the order, with a full refund. amounts paid, within a maximum period of 30 (thirty) days from the date of knowledge of unavailability.

In case of unsuccessful delivery and return to the sender, CLUOH will resend it. If delivery is not achieved due to the customer's responsibility, the customer will assume the new costs.

  1. RIGHT TO FREE RESOLUTION

The Customer, as a consumer, has the legally established right to freely terminate the contract, within a period of 14 (fourteen) days from the date of receipt of the product.

In order to exercise your right to freely terminate the contract, you will have to communicate this intention to CLUOH, through an unequivocal declaration of termination of the contract. You can exercise this right through electronic communication, or by post to CLUOH's electronic or physical address, and alternatively, you can fill out the model resolution form, available here and send it by email or post, duly completed, to:

Email: hello@cluoh.com

or

Address: Rua Alfredo Keil, 571 7ºD 4150-049 Porto, Portugal

The order must be returned within a maximum period of 14 (fourteen) days from the date on which you communicated to CLUOH your decision to terminate the contract, to the address indicated above.

Shipping of the order is the responsibility of the customer and we advise you, for security reasons, to send the order under registered mail.

CLUOH will refund the amount relating to the returned product, without undue delay, and within a maximum period of 14 (fourteen) days from the date on which CLUOH was informed of its decision to terminate the contract, without prejudice to the right of CLUOH to withhold the refund until you have received the returned goods, or until you provide proof of their return, whichever comes first.

CLUOH makes refunds using the same payment method that you used in the initial transaction. If the payment was made by Multibanco reference, the refund will be made, by bank transfer, to the IBAN indicated by you for this purpose. In none of these situations will you incur any costs as a result of the refund.

It is not possible to return personalized items and any shipping costs.

  1. EXCHANGES 

If for any reason you wish to make an exchange, you can do so freely within 14 (fourteen) days from the date of receipt of the product. The exchange will have to be made for another product of equal or greater value.

You should contact us by email hello@cluoh.com indicating the order number, the product you wish to exchange and presenting the purchase invoice.

The product to be returned must be in proper condition and without signs of use for the exchange to be accepted, and must be sent to the following address:

Rua Alfredo Keil, 571 7ºD 4150-049 Porto, Portugal

Shipping of the order is the responsibility of the customer and we advise you, for security reasons, to send the order under registered mail.

The piece will have to be placed in the same way you received it: inside the CLUOH bag and protected in our packaging.

If the returned product is in compliance, CLUOH will exchange it as quickly as possible, and always within a maximum period of 30 (thirty) days.

It is not possible to exchange personalized items.

  1. MANUFACTURING DEFECTS AND WARRANTY

CLUOH guarantees the compliance of goods purchased on the website in accordance with the provisions of Decree-Law no. 67/2003, of April 8, with the changes introduced by Decree-Law no. 84/2008, of 21 of May.

To do so, it is necessary that the non-conformity of the purchased product exists at the time of delivery and manifests itself within a maximum period of 2 (two) years from its delivery (“Guarantee”).

Therefore, if you detect a lack of conformity of the product purchased with the contract, you must, within a maximum and non-extendable period of 2 (two) months from the date of detection of the lack of conformity, contact CLUOH, providing the number order, product details and identifying the non-conformity in question, via our email hello@cluoh.com .

If, once the product has been examined, CLUOH verifies that there is indeed a defect or lack of conformity in the purchased product, the customer may choose to request that the item be replaced free of charge, through repair or replacement, at the appropriate reduction. of the price, or by terminating the contract with a full refund of the price. As mentioned, these rights must be exercised within a maximum and non-extendable period of 2 (two) years from delivery of the product, under penalty of forfeiture.

CLUOH will repair, deliver a new product, or refund, partially or completely, depending on your choice, as quickly as possible and always within a maximum period of 30 (thirty) days.

If you choose to terminate the contract, with the consequent return of the product, you will be refunded the amount paid for the item as price, as well as delivery costs and, if applicable, return costs. The refund of the amount will be made to the same means of payment that you used in the initial transaction, unless you expressly request otherwise, and in the case of payment through Multibanco, we will make the refund via bank transfer to the IBAN that you indicate to us. , which will not imply that you will incur any costs as a result of the refund.

Defects or malfunctions resulting from inappropriate use of purchased products, failure to follow the instructions/instructions that accompany the products or resulting from repairs carried out by unauthorized third parties are excluded from the scope of the warranty.

  1. VARIATIONS THAT SHOULD NOT BE CONSIDERED DEFECTS 

The products that CLUOH sells are handcrafted and often have the characteristics of the natural materials used in their manufacture. The products have characteristics, such as variations in tone and texture and, especially in leather products, signs of natural aging that are not considered defects or lack of conformity. On the contrary, you must count on your presence. Such characteristics are inevitable and must be accepted as part of the product's individual appearance.

We consider improper use and, consequently, not covered by the warranty:

– color transfer of clothes (be especially careful with denim);

– food and drink stains;

– contact with oils, perfumes, creams, or products containing alcohol;

– excessive exposure to direct sunlight or heaters;

– scratches and tears;

– contact with sharp objects;

– stains and inadequate cleaning;

– marks of humidity, or discoloration due to poor storage;

– negligence and accidents;

– loss or theft;

  1. INTELLECTUAL PROPERTY

All copyright, trademark and other intellectual property rights over the materials or content that are provided as part of the website are, at any time, the property of CLUOH, or the licensor, so you may only use that material in the manner that is expressly authorized.

This does not prevent you from using the website to, as necessary, copy information relating to your order or Contract data.

  1. PRIVACY POLICY

We advise you to read CLUOH's privacy policy in full.

Your privacy is very important to us and we are committed to protecting it. To make a purchase on our website, you will have to give us some personal information, which will be used, solely and exclusively, for the execution of the contract. No information you provide to us will be shared with third parties, or used for purposes other than the execution of the contract, validation of the purchase with a credit card, and fulfillment of the order for delivery.

Apart from the personal data necessary for the execution of the contract, the collection, recording and conservation of your personal data, including “ cookies ” (to find out what cookies are and for what purposes they are used, we advise you to read our privacy policy ) for marketing or promotional purposes must be expressly and explicitly consented to by the Customer, who may, at any time, revoke the consent given and exercise the rights enshrined in the General Data Protection Regulation.

See our privacy policy .

  1. WEBSITE CONTENTS AND ERRORS

 CLUOH reserves the right, on its own initiative, to make changes to the website, products and services described on the website, at any time, without prior notice.

In the event of a typographical error in the price of any product, we will contact the customer, and the Customer may choose to confirm the order with the correct price, or cancel it, in this case being entitled to a refund of the price. If the Customer wishes to refund their order, this will be done using the same payment method as the order.

  1. CUSTOMER COMMUNICATIONS

Current law requires that information or notifications sent be in writing. By using this website, the Customer accepts that the majority of notifications sent by CLUOH are made electronically.

For contractual purposes, the Customer agrees to use this means of electronic communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights of the Customer, under the terms of the law.

  1. CONTACTS

For any questions, please contact us by email at hello@cluoh.com or by phone at +351 918 510 995 (weekdays from 10am to 12pm and from 3pm to 5pm).

  

  1. LEGISLATION AND JURISDICTION

The use of our website as well as the contractual relationships established through it are governed by the Law of the Portuguese Republic.

 

  1. DISPUTE RESOLUTION

If you are dissatisfied with the purchase of the product, or with the service provided on the CLUOH website, you may also, without prejudice to the right to submit the dispute for consideration and decision by a judicial court, know that you can appeal to one of the Entities of Alternative Resolution of Consumer Disputes listed on the consumer portal, on the website www.consumidor.pt , or Online Consumer Dispute Resolution identified on the website https://webgate.ec.europa.eu/odr .

The currently existing alternative consumer dispute resolution entities are the following:

(i) Lisbon Consumer Conflict Arbitration Center: http://www.centroarbitragemlisboa.pt/

(ii) Vale do Ave Conflict Arbitration Center / Arbitration Court: https://www.triave.pt/

(iii) CIAB – Consumer Information, Mediation and Arbitration Center / Consumer Arbitration Court: http://www.ciab.pt/pt/

(iv) CNIACC – National Center for Information and Arbitration of Consumer Conflicts: http://www.arbitragemdeconsumo.org/

(v) Consumer Dispute Arbitration Center of the District of Coimbra: http://www.centrodearbitragemdecoimbra.com/

(vi) Algarve Consumer Conflict Information, Mediation and Arbitration Center: http://www.consumidoronline.pt/pt/

(vii) Porto Consumer Information and Arbitration Center: http://www.cicap.pt/

(viii) Madeira Consumer Conflict Arbitration Center: http://www.srrh.gov-madeira.pt/

(ix) Arbitration Center of the Autonomous University of Lisbon: http://arbitragem.autonoma.pt/