Termos do serviço
TERMS AND CONDITIONS OF USE
PREAMBLE
These Terms and Conditions of Use (hereinafter referred to as 'Terms and Conditions') govern the access and use of the e-commerce platform made available through the website fashionclinic.com (hereinafter referred to as 'Website'), owned by AMORIM FASHION, S.A., registered under the number 509 476 732, with the share capital of €50.000,00 (fifty thousand euros) and with registered office at Avenida da Liberdade, n.º 224, 1250-148 Lisbon (hereinafter referred to as “AMORIM FASHION”).
To access and use our Website, the User (hereinafter the 'User') must accept the Terms and Conditions and therefore the User is advised to read them carefully as they contain important information regarding the rights and obligations of the User and constitute a binding agreement between the User and AMORIM FASHION.
The User undertakes responsibility for use of the Website according to the rules contained in these Terms and Conditions and in accordance with the legislation in force in Portugal, particularly with respect to the rules of e-commerce.
For any clarification regarding these Terms and Conditions, the User should contact AMORIM FASHION through the contacts indicated on the Website, namely by emailing shop@fashionclinic.com, messaging the number +351 966 692 066 on Whatsapp or by calling +351 213 145 397.
1. GENERAL TERMS
1.1. To place orders on our Website, the User declares that he/she:
a) has read and fully and unreservedly accepted these Terms and Conditions;
b) is over eighteen (18) years old;
c) is not legally precluded from being bound in relation to third parties;
d) has a means of payment accepted by AMORIM FASHION and identified on the Website and on these Terms and Conditions so that he/she can place an order and pay the corresponding price; and
e) is authorised to use the means of payment referred to in the preceding paragraph, particularly if the name on such means of payment does not correspond to the User who places the order.
2. PURPOSE
These Terms and Conditions define the way in which the User accesses and uses the Website, namely the way in which he/she can register on the Website and use it, as well as the general conditions of purchase and sale, including the placement of orders, payment of the price, available means of payment, shipping, exchanges and returns, among others.
3. DESCRIPTION AND AVAILABILITY OF SERVICES
3.1. AMORIM FASHION offers an e-commerce platform on its Website through which it provides luxury products.
3.2. Through the Website, the User can place orders for luxury products for which AMORIM FASHION guarantees the highest quality standards in order to meet the legitimate expectations of the User.
3.3. The products for purchase on the Website are available for a large number of countries and are subject to shipping costs corresponding to the respective place of delivery.
4. LEGAL AND USAGE INFORMATION
4.1. Access to the Website is free of charge, except for the cost of connecting to the Internet, which is the exclusive responsibility of the User.
4.2. AMORIM FASHION is not responsible for providing the User any devices, hardware or software, licences or subscriptions necessary to access the Internet and the Website, the User being solely responsible for obtaining and using them.
5. USER REGISTRATION
5.1. AMORIM FASHION recommends the User to register on the Website prior to purchasing any product available on the Website.
5.2. Without prejudice to the preceding paragraph, if the User does not wish to register on the Website, he/she may still purchase as “guest” User.
5.3. In order to register on the Website, each User must provide an email address and set a password (hereinafter collectively referred to as “Access Credentials”), as well as accept these Terms and Conditions.
5.4. The User undertakes full responsibility for operations carried out through his/her Access Credentials, even if by third parties, including situations of improper use, with or without the User's authorisation, also assuming full responsibility for their non-disclosure.
5.5. For the purposes of the preceding paragraph, any use that (i) is not made in compliance with these Terms and Conditions, and/or (ii) is made by a third party in express violation of these Terms and Conditions shall be considered improper use.
5.6. Any access by third parties through the User's Access Credentials will be considered as having been carried out by the latter, and AMORIM FASHION will not assume any responsibility for the consequences of such access.
5.7. The User undertakes to notify AMORIM FASHION immediately in the event of improper access to his/her account and undertakes to change his/her Access Credentials.
6. FREEDOM OF USE
6.1. The User undertakes to use the Website in accordance with the law and with these Terms and Conditions, as well as with any other conditions, regulations and instructions that may be applicable.
6.2. Without prejudice to the preceding paragraph, the User may freely use the Website as long as he/she does not carry out illicit activities through it or that may be contrary to public order.
6.3. The use of the Website for purposes that are harmful to the assets or interests of AMORIM FASHION and/or third parties, or in order to overload, damage or render useless the networks, servers and other hardware or software of AMORIM FASHION or third parties is expressly prohibited.
6.4. In particular, the User is expressly prohibited from:
a) Creating false profiles or identities, acting illegitimately on behalf of others, impersonating another person and/or misusing the identity of others;
b) Providing false data, whereby all data provided shall be completely accurate and true;
c) Using the Website fraudulently or in any manner that is contrary to its normal use;
d) Reproducing, distributing or copying the Website for any purpose without prior written authorisation from AMORIM FASHION;
e) Interfering with or conditioning in any way the use of the Website or violating any rules, regulations or network standards linked to the use of the Website;
f) Attempting to access unauthorised content and/or content that is prohibited on the Website or to obtain information that is not intentionally made available to the User by AMORIM FASHION; and
g) Introducing, transmitting or making accessible in any form material that contains viruses, programs, systems or files that destroy or limit the functionality and/or capacity of any computer, including software and hardware or electronic communications equipment.
6.5. Should the User fail to comply with the provisions of this clause, AMORIM FASHION reserves the right to block access to the User's account and to take all the legal measures that the situation may impose.
7. AVAILABILITY OF PRODUCTS AND ORDERS
7.1. AMORIM FASHION undertakes to allow on the Website only orders for products that are available. However, if for any reason this is not possible and the User places an order for an out-of-stock or discontinued product, AMORIM FASHION undertakes to return the amount spent as soon as possible and will receive an email from us.
7.2. In order to complete an order successfully and to proceed with the payment of the price, the User will need to provide the following information:
- Full name;
- Delivery address;
- Billing address;
- Phone number;
- Tax identification number.
7.3. The User undertakes to provide clear, truthful and complete information in accordance with the preceding paragraph.
7.4. AMORIM FASHION undertakes to acknowledge receipt of the order as soon as it is received using the email address indicated by the User for this purpose.
8. PRICES AND PAYMENT
8.1. All the prices shown on the Website are in Euros.
8.2. All the purchases made on the Website are subject to Value Added Tax (VAT).
8.3. The final price of the order consists of the price of the products, which includes VAT at the legal rate in force, as well as shipping costs, which are calculated before the User chooses one of the available payment methods.
8.4. AMORIM FASHION accepts the following means of payment:
a) Paypal;
b) MBWAY;
c) Klarna;
d) Apple Pay;
e) Credit card (Visa, Mastercard or American Express).
8.5. The invoice shall be sent to the User together with the order.
9. DUTIES AND TAXES
9.1. Customers purchasing goods on the Website and having them shipped to addresses outside the European Union (EU) are responsible for all import duties, customs, and local taxes levied by the destination country.
9.2. These charges are not included in the price of the goods or the shipping cost displayed on our Website.
9.3. The customer is required to settle these charges with the appropriate authorities or carriers in their country.
10. SHIPPING AND DELIVERY
10.1. After completing the order, AMORIM FASHION will send the products covered by the order in the shortest possible time, and the User will be informed of the day of dispatch. The User may track the order through the link sent with the notification of dispatch. If the customer chooses “Pick Up in Store”, after completing the order, the customer will receive the order confirmation and when the order is ready, the customer will receive a notification to pick it up at the indicated store. It may take up to 3 days for the order to be available in the store.
The Customer has 15 days, counting from the date on which is informed of the availability of the items in the store, to go there and collect them. Otherwise, the order is canceled, and the amount is returned to the customer.
The order can be picked up by presenting the “Pick Up” email confirmation.
10.2. AMORIM FASHION uses an internationally recognised transport service (hereinafter referred to as 'Carrier') to ship orders in order to guarantee maximum quality and efficiency of service.
10.3. AMORIM FASHION shall not be responsible for any delays attributed to third parties.
10.4. If, for any reason, there is a delay, AMORIM FASHION undertakes to ensure delivery within thirty (30) days after the order has been successfully completed by the User. Should this not occur, the User has the right to cancel the transaction and AMORIM FASHION will return the amount paid by the User within thirty (14) business days after such cancellation.
10.5. The risk of loss or damage to the goods ordered is transferred to the User when such party, or a third party indicated by the User, other than the Carrier, acquires physical possession of them.
11. EXCHANGES AND RETURNS
11.1. The User has the right to return any product purchased on the Website within 30 (thirty) days after the order has been received.
11.2. The User has the right to exchange the size of a purchased product, being that exchange conditional upon the existence of available stock and the return of the product and to the placement of a new order under the terms of these Terms and Conditions.
11.3. The product returned under the terms established here in must be in the same condition in which it was sent by AMORIM FASHION and must never have been used or in any way show signs of use, failing which AMORIM FASHION will not accept their return or exchange. The original packaging, accessories or promotional offers included must also be returned, if applicable.
11.4. For hygiene and safety reasons, AMORIM FASHION can't accept returns of underwear and lingerie items.
11.5. Within fourteen (14) days of receiving the good that the User intended to return, AMORIM FASHION will refund the User for the amount of the good and send the product in the size requested by the User, if it is available, under the terms of the order placed by the User.
11.6. The reimbursement under the terms of the preceding paragraph shall be made by the same means of payment that was used for the order, unless otherwise agreed.
11.7. In the case of products made according to the User's preferences or clearly personalised, AMORIM FASHION informs the User that a return is not possible.
12. DEFECTIVE PRODUCTS
12.1. AMORIM FASHION guarantees that the products available on the Website are of the highest quality and takes its commitment to user satisfaction very seriously.
12.2. In case of lack of conformity of the product, AMORIM FASHION guarantees its replacement or reimbursement of the price, subject to an assessment carried out by AMORIM FASHION. For this purpose, the User shall communicate the situation to the email address stated in these Terms and Conditions or contact the Customer Support service.
12.3. For the purposes of this clause, in the communication of the lack of conformity the User shall identify the number of the order, being recommended to send photographs of the product that demonstrate the lack of conformity claimed.
13. PROMOTIONAL OFFERS AND CAMPAIGNS
13.1. It is not possible to apply more than one campaign to the same order. For this reason, when there are several promotional campaigns in place, the highest discount is automatically granted.
13.2. Any promotional code displayed on the Website cannot be used in conjunction with:
a) Products that are currently on sale or discounted;
b) PRO HUNTER watches; or
c) Gift Cards.
13.2. Promotional offers or campaigns advertised are valid only when they are displayed on the Website, and the respective reduction is always displayed, as well as the start date and duration of the promotion.
13.3. AMORIM FASHION reserves the right to cancel or change promotional actions or campaigns or to suspend them for as long as it deems necessary, without the need for prior notice to the User.
14. COMPLAINTS
AMORIM FASHION is committed to ensuring the best provision of services within its power. However, if not satisfied, the User may submit a complaint online in the complaints book, available at https://www.livroreclamacoes.pt/inicio.
15. INTELLECTUAL PROPERTY
15.1. The content of the Website, including trademarks, logos, text, images, audio and video materials, photographs, illustrations and graphic representations, is the property of AMORIM FASHION, unless otherwise indicated by a reference to its source.
15.2. The entire content of the Website is protected under the general terms of law and by legislation, both national and international, regarding the protection of intellectual property.
15.3. The reproduction, distribution, modification, transmission or use of the content of the Website is not permitted without the prior express written consent of AMORIM FASHION, except in cases where the content is stored for personal use only.
15.4. The FASHION CLINIC trademark and logo are the exclusive property of AMORIM FASHION and are legally protected by national and international legislation, and may under no circumstances be used for commercial purposes by the User, including any reproduction or copy, unless prior written consent is given by the respective owner.
16. DATA PROTECTION
16.1. Any processing of personal data carried out by AMORIM FASHION in the context of the use of the Website will be carried out in compliance with the applicable legislation on personal data, namely Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation or 'GDPR') and Law no. 58/2019, of 8 August, which ensures the implementation of the GDPR in the Portuguese legal system. For more information about how AMORIM FASHION collects and handles the User's personal data, please see our Privacy Policy.
16.2. AMORIM FASHION uses cookies on the Website. The use of cookies always requires the User's prior consent. For more information, please see our Cookie Policy.
17. LIMITATION OF LIABILITY
17.1. Without prejudice to the applicable legislation, AMORIM FASHION shall not be liable for damages resulting, in particular, from the following circumstances:
a) Lack of or incorrect operation of the Website;
b) Lack of utility, inadequacy, invalidity of services and content offered on the Website;
c) Existence of viruses or malware on the User's device.
17.2. The User is responsible for maintaining the necessary software, including antivirus and other security procedures, for the proper functioning of the Website.
17.3. Under no circumstances shall AMORIM FASHION be liable for any breach or delay of any obligation arising from these Terms and Conditions if the basis is due to force majeure.
18. APPLICABLE LAW AND COMPETENT COURT
18.1. Any contractual relationship arising from the services provided through the Website to which these Terms and Conditions apply is subject to Portuguese law.
18.2. The competent court under the law shall have jurisdiction for the resolution of any disputes arising from contractual relationships to which these Terms and Conditions apply, or from disputes of a non-contractual nature that are in any way connected with the services provided through the Website.
18.3. In the event of a consumer dispute, as established by Law 144/2015 of 8 September, the consumer may also use the European Online Dispute Resolution platform (available at http://ec.europa.eu/consumers/odr) or the following alternative consumer dispute resolution bodies:
a) National Centre for Information and Arbitration of Consumer Conflicts (arbitragemdeconsumo.org);
b) Algarve Consumer Conflict Information, Mediation and Arbitration Centre (www.consumidoronline.pt/);
c) Coimbra District Consumer Conflict Arbitration Centre (www.centrodearbitragemdecoimbra.com);
d) Lisbon Consumer Conflict Arbitration Centre (www.centroarbitragemlisboa.pt);
e) Arbitration Centre of the Autonomous University of Lisbon (https://arbitragem.autonoma.pt/);
f) Consumer Information and Arbitration Centre of Porto (www.cicap.pt);
g) Vale do Ave Information and Arbitration Centre (www.triave.pt);
h) Consumer Arbitral Tribunal (www.ciab.pt); and
i) Autonomous Region of Madeira Consumer Conflict Arbitration Centre (www.srrh.gov-madeira.pt).
19. CHANGES TO TERMS AND CONDITIONS
19.1. AMORIM FASHION reserves the right, at any time and without prior notice, to amend all or part of these Terms and Conditions. The User's continued use of the Website constitutes full acceptance of such changes. It is the User's sole responsibility to check the Terms and Conditions regularly. If the User does not accept the changes, he/she must discontinue access to and use of the Website. In any case, all new versions of the Terms and Conditions will always be communicated to the registered User at the time of his/her access for his/her acceptance.
19.2. Subject to paragraph 19.1, AMORIM FASHION will endeavour, to the extent possible, to notify the User of any changes to these Terms and Conditions by publishing them on the Website.
Entrega rápida para todo o mundo
O Seu Destino de Moda de Luxo
DEVOLUÇÕES GRATIS