TERMS & CONDITIONS
- 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”)
– Headquarters: Rua Alfredo Keil, 571 7ºD 4150-049 Porto, Portugal
– NIPC: 514966793
– Phone: + 351 918510995 (mobile network call for Portugal)
– Email: firstname.lastname@example.org
– Website: https://www.cluoh.com
To place an order on www.cluoh.com, 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 the legal terms. By using this website you declare that you fulfill these conditions.
These contractual and website use Terms & Conditions may change. The amended Terms & Conditions will be published and will have to be expressly accepted prior to submitting the order.
When creating an account on the website, you must ensure that your mandatory information provided is correct and complete. We request that you inform CLUOH of any change to your identification data, namely, postal address, email address, and other requested contact details.
By submitting an order, the Customer authorizes CLUOH to contact him, so that we can comply with the contract and/or deliver the order.
When using the website, the Client undertakes not to make false or fraudulent orders, and CLUOH may, if it considers that an order of this nature has been placed, proceed with its unilateral cancellation and inform the competent authorities.
- CONTRACT CELEBRATION
To order one or more products available on the website, you must follow the following procedures:
· Choose a product from the catalog;
· Add the product to the “cart”;
· Afterwards, click on “see cart”;
· You can proceed with the purchase as a guest (“Buy as a Guest”), creating an account (“New Customer”) or, if you already have an account, logging in with your email address and password;
· Fill in the fields with personal data, contacts and shipping address;
· Select payment method;
· Click on “confirm order”
· In order 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 email 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 charges and product identification.
Your purchase receipt will be sent to you in paper format with your order.
In case of difficulties with your order, you can always contact CLUOH through email@example.com customer support.
- AVAILABILITY OF PRODUCTS
All product orders will be subject to product 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 the unavailability and refund the amount you may have paid, within a maximum period of 30 (thirty) days.
- PRICES, SHIPPING EXPENSES AND PROMOTIONAL CODES
Values are in euros (EUR) and the prices paid for the products you order are those shown on this website, on the date the order is placed, including VAT at the legal rate in force.
Shipping costs will be debited according to the values indicated on the website and calculated according to the destination address. Any customs fees that may be charged in the country of destination are excluded, when applicable.
You will always be informed, clearly and concisely, prior to placing 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 customs fees referred to in the previous paragraph .
CLUOH reserves the right to change product prices and shipping charges at any time, not affecting, however, orders for which the order has already been completed.
Promotional codes or “Coupon Code” are codes that may provide you with discounts on certain products, or on your entire order. Promotional codes only refer to purchases made on the CLUOH website.
In order to take advantage of the 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 for that purchase, without prejudice to being able to use it in a subsequent order, subject, of course, to the conditions of use of each promotional code.
Payments can be made via MB Way, Credit Card, PayPal or ATM reference.
MB Way: In order to use this method, you must subscribe to the service. The generated MB Way reference has a validity of about 4 minutes.
Credit Card: Visa, Mastercard or Maestro (will be redirected to the Hipay website).
PayPal: To use this method you don’t need to have a Paypal account (credit or debit card option).
ATM: Make the payment at an ATM 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 automatically be determined by the Bank/Paypal and not by CLUOH.
All transactions from 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.
The products shown 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 your billing and delivery addresses. For security reasons, we do not send to PO Boxes.
All orders will be delivered to the delivery address you specified when placing your order.
Orders will only be sent after confirmation of stock availability and confirmation of payment, being shipped by CLUOH partner companies.
CLUOH will make its best efforts to fulfill the delivery of 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 Balearic and Canary Islands , 3-5 business days for shipments within Europe and 3-8 business days for deliveries to other countries outside 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 outside CLUOH, namely, facts that constitute “Force Majeure” that make it impossible to deliver the order on the scheduled date.
If CLUOH is unable to comply with the delivery deadline of the order, it will inform you of this situation, giving you the option to continue with the purchase, setting a new delivery date, or cancel the order, with a full refund of the amounts paid, within a maximum period of 30 (thirty) days from the date of knowledge of the unavailability.
In case of unsuccessful delivery and return to the sender, CLUOH will send it again. If the delivery is not achieved due to the customer’s responsibility, the customer will assume the new costs.
- RIGHT OF 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 of free termination of the contract, you will have to communicate this intention to CLUOH, by means of an unequivocal declaration of termination of the contract. You may exercise this right through electronic communication, or by mail to CLUOH’s email address, or physical address, and you may alternatively fill out the Model Resolution Form, available here and send it by email or post, duly completed, to:
Address: Rua de Gondarém, 549 4150-025 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.
The delivery of the order is up to the customer and we advise that, for security reasons, the order must be sent by postal register.
CLUOH will refund the amount referring 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 CLUOH’s right to withhold the refund until you have received the returned goods, or until you present proof of the return, whichever comes first.
CLUOH makes refunds using the same payment method used in the initial transaction. In case the payment has been 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 reimbursement.
It is not possible to return personalized items and any shipping costs.
If, for any reason, you want to make an exchange, you can do so, freely, within a period of 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 at firstname.lastname@example.org indicating the order number, the product you want to exchange for and present the purchase invoice.
The product to be returned must be in proper condition and without any usage marks for the exchange to be accepted, and must be sent to the following address:
Rua de Gondarém, 549 4150-025 Porto, Portugal
The delivery of the order is up to the customer and we advise that, for security reasons, the order must be sent by postal register.
The piece will have to be accommodated in the same way it was received: inside the CLUOH bag and protected in our packaging.
If the returned product is in compliance, CLUOH will exchange it as soon as possible, and always within a maximum period of 30 (thirty) days.
It is not possible to exchange personalized items.
- MANUFACTURING AND WARRANTY DEFECTS
CLUOH guarantees the compliance of goods purchased on the website in accordance with the provisions of Decree-Law No. 67/2003, of 8 April, with the amendments introduced by Decree-Law No. 84/2008, of 21 of May.
For this, 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 the delivery of the same (“Warranty”).
Thus, in the event of detecting non-compliance of the purchased product with the contract, you must, within a maximum and non-extendable period of 2 (two) months from the date of detection of non-compliance, contact CLUOH, providing the number ordering, the product details and identifying the non-conformity in question, through our email email@example.com.
If, after examining the product, CLUOH verifies that there is, in fact, a defect, or lack of conformity of the purchased product, the customer may choose to request that the good be replaced free of charge, through repair or replacement, by appropriate reduction of the price, or by the termination of the contract with full refund of the price. As mentioned, these rights must be exercised within a maximum and non-extendable period of 2 (two) years from the delivery of the product, under penalty of forfeiture.
CLUOH will repair, deliver a new product, or refund, partial or total, 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 a 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 expressly requested to the contrary on your part, and in the case of payment through Multibanco, we will proceed with the refund by bank transfer to the IBAN that you indicate to us. , which will not imply that you incur any costs as a consequence of the refund.
Defects or malfunctions resulting from inappropriate use of purchased products, non-compliance with the indications/instructions that accompany the products or resulting from repairs carried out by unauthorized third parties are excluded from the scope of the warranty.
- 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, marks of the skin’s natural aging that are not considered defects or lack of conformity. On the contrary, it must count on their presence. Such features are unavoidable and must be accepted as part of the individual product appearance.
We consider improper use and therefore not covered by the warranty:
– transfer of clothes color (take special care with denim);
– food and drink stains;
– contact with oils, perfumes, creams, or products with alcohol;
– excessive exposure to direct sunlight or heaters;
– scratches and rips;
– contact with sharp objects;
– stains or improper cleaning;
– damp marks, or discoloration due to poor storage;
– negligence and accidents;
– loss or theft;
- INTELLECTUAL PROPERTY
All copyright, trademark and other intellectual property rights on the materials or content that are provided as part of the website are, at any time, property of CLUOH, or the licensor, and you may only use that material in the manner expressly authorized.
This does not prevent you from using the website to, as necessary, copy information relating to your order or the Contract data.
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 provide us with some personal information, which will be used, solely and exclusively, for the execution of the contract. No information you provide us will be shared with third parties, or used for purposes other than executing the contract, validating the purchase with a credit card, filling in for delivery of the order.
- WEBSITE CONTENT AND ERRORS
CLUOH reserves the right, at its own discretion, 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 which case the right to a price refund. If the Customer wants a refund for his order, this will be made using the same method of payment as the order.
- COMMUNICATIONS WITH CUSTOMER
Current law requires that the information, or notifications sent, be in writing. By using this website, the Client accepts that the majority of notifications sent by CLUOH are made electronically.
For contractual purposes, Customer agrees to use this means of electronic communication and acknowledges that all contracts, notices, information and other notices sent electronically satisfy the legal requirement that such notices be in writing. This condition will not affect the Customer’s rights under the law.
For any question, please contact us via the email firstname.lastname@example.org or via the mobile number +351 918 510 995 (weekdays from 10 am to 12 pm and from 3 pm to 5 pm).
- 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.
- 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 to a court of law, know that you can appeal to one of the Entities Alternative Resolution of Consumer Disputes listed on the consumer portal, on the website www.consumidor.pt, or Online Resolution of Consumer Disputes identified on the website https://webgate.ec.europa.eu/odr.
The currently existing alternative consumer dispute resolution entities are the following:
(i) Lisbon Consumer Disputes Arbitration Center: http://www.centroarbitragemlisboa.pt/
(ii) Conflict Arbitration Center of Vale do Ave / Arbitral Tribunal: https://www.triave.pt/
(iii) CIAB – Consumer Information, Mediation and Arbitration Center /Consumption Arbitration Court: http://www.ciab.pt/pt/
(iv) CNIACC – National Center for Information and Arbitration of Consumer Disputes: http://www.arbitragemdeconsumo.org/
(v) Arbitration Center for Consumer Disputes of the District of Coimbra: http://www.centrodearbitragemdecoimbra.com/
(vi) Algarve Consumer Disputes Information, Mediation and Arbitration Centre: http://www.consumidoronline.pt/pt/
(vii) Porto Arbitration and Consumption Information 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/