Terms and Conditions of Sale
1. INTRODUCTION
This document (together with the documents mentioned in the annex) establishes the conditions that determine the use of this website and the purchase of products on it (hereinafter “Conditions”).
We ask that you carefully read the conditions, our cookie policies and our privacy policy before using this website. When using this website or placing an order through it, the customer is aware that they must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the conditions and privacy policies, you should not use this website.
These conditions may be changed, it is your responsibility to read them periodically, as the conditions in force at the time of using the website or concluding the contract (as defined below) are those that will apply.
If you have questions regarding the conditions or privacy policies, you can contact us using our contact form.
O Contrato poderá ser formalizado, por escolha sua, em qualquer um dos idiomas em que as Condições estão disponíveis nesta página web
2. OUR DATA
This website is run under the name Texmin-Têxteis, S.A., registered at the Lisbon Commercial Registry Office, under number 513657657, which is also the identification number of a legal entity, with share capital of €500,000.00 (five hundred thousand euros).
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or data provided by the customer will be treated in accordance with the provisions of the Privacy Policy. By using this website, the customer is consenting to the processing of said information and data and declares that all information or data provided to us is true and corresponds to reality.
4. USE OF OUR WEBSITE
When using our website and/or placing orders through it, the customer undertakes to:
4.1. Use this website only to make legally valid inquiries or orders.
4.2. Do not place any false or fraudulent order. If, rationally, we can consider that an order of this nature was placed, we will be authorized to cancel it and inform the competent authorities.
4.3. Provide us with your email address, postal address and/or other contact details, truthfully and accurately. You also consent to the use of the information provided to contact the customer (if necessary, consult our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to process your order.
When placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The items presented on this website are available for delivery only in Portugal and outside Portugal.
6. CELEBRATION OF THE CONTRACT
To place an order, you must follow the online purchase procedure and click on “Authorize Payment”, and first you must read and accept these Purchase Conditions. By doing so, you are entering into a purchase and sale contract with us (the “Contract”). You will subsequently receive an email acknowledging receipt of your order (the “Order Confirmation”). You will also receive an email in which we will confirm that your order has been shipped (the “Delivery Confirmation”). An electronic ticket with the details of your order must be attached to the Delivery Confirmation (the “E-ticket”).
7. AVAILABILITY OF PRODUCTS
All product orders will be subject to availability. In this sense, if any difficulty occurs regarding the supply of products or if there are no items in stock, we will inform you immediately of their unavailability, and we will refund any amount you may have paid within 30 days.
8. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The risks of the products are borne by the customer from the moment of delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in Clause 1 of Shipping and Returns), if this date is later.
9. PRICE AND PAYMENT
The price of each product will be that which is stipulated, at all times, on our website, except in the case of an obvious error. Although we try to ensure that all prices shown on the page are correct, errors may occur. If we detect an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we detect an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error in pricing is obvious and unmistakable and could reasonably have been recognized by the customer as being incorrectly priced.
The prices on this website include VAT but do not include shipping costs, which will be added to the total amount owed, in accordance with what is set out in our Shipping Costs Guide.
Prices may be changed at any time, but (except as set out above) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all the items you wish to purchase have been added to your cart and the next steps will be to complete the order and pay. Once you have made your purchases, all the items you wish to purchase have been added to your cart and the next steps will be to complete the order and pay.
Furthermore, during the purchase process, before payment, the customer can change their order details. The user has a detailed description of the purchasing process in the Buying Guide. If you are an already registered user, a record of all orders made by the user will be available in the “My Account” area. You can make payment using Visa, Mastercard, American Express, Affinity Card and PayPal.
Please note that the “Size Exchange” option is only available when using the following payment methods: American Express, MasterCard and VISA.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure there are sufficient funds to complete the transaction. Your card will be debited as soon as your order leaves our warehouses.
If your payment method is Paypal, the debit will be made when we confirm your order.
By clicking on “Complete Order”, the customer confirms that the credit card is theirs or that they are the legitimate owner of the gift card or payment card.
Credit cards are subject to verification and authorization by issuing entities, but if they do not authorize payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with the customer.
Payments for orders may be processed by Texmin Consultadoria, which receives and processes such payments on behalf of TEXMIN, being duly authorized for this purpose.
10. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
11. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are, at any time, ours or those of whoever granted us the license to its use. The customer may only use this material in a way that is expressly authorized by us or by those who granted us the license to use it. This does not prevent you from using this website to, as necessary, copy information relating to your order or Contract data.
12. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or damaging material. You must not gain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website. You undertake not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may result in the commission of offenses typified by applicable legislation. We will inform the competent authorities of any non-compliance with said legislation and will cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this website.
We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or material as a result of your use of this website or downloading content from it or content to which it redirects.
13. LINKS FROM OUR WEBSITE
If our website contains links to other third party pages and materials, these links are provided for informational purposes only, without us having any control over the content of these pages or materials. Therefore, we will not accept any liability for damage or loss arising from its use.
14. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notices we send you be in writing. By using this website, you accept that most notifications with us are electronic. We will contact the customer by email or provide information through notices placed on this website. For contractual purposes, the customer agrees to use this electronic means of 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 recognized by law.
15. NOTIFICATIONS
Customer notifications should preferably be sent via our contact form. In accordance with the provisions of Clause 14 above and unless otherwise specified, we will send you notifications by email or to the postal address provided when you placed your order.
Notifications will be considered to have been received, and correctly made, at the same time the customer accesses our website, 24 hours after sending an email or three days after the postage date of any letter. To prove that notification was made, it will be enough to prove, in the case of a letter, that the address was correct, that it was correctly stamped and that it was duly delivered to the post office or to a letter box and, in the case of an electronic mail, that it was sent to the email address specified by the recipient
16. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract commitment applies to you and us, as well as our respective successors, people who benefited from transfers made by us and heirs. You may not convey, waive, attach or otherwise transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.
We may convey, waive, embargo, subcontract or otherwise transfer a contract, or any of the rights or obligations arising therefrom, at any time during the term of the contract. All other transfers of our contractual position, rights or obligations under this contract will also be subject to your prior consent. For the avoidance of any doubt, such transmissions, assignments, embargoes or other transfers shall not affect the rights that, as applicable, you hold as a consumer recognized by law or that cancel, reduce or limit in any way the express and implied warranties that we give you. we may have given.
17. FORCE MAJEURE REASONS
We will not be responsible for any failure or delay in any of the obligations undertaken by us under a Contract the cause of which is due to events beyond our control (Force Majeure).
The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our control, including, among others, the following:
- General strike, or other forms of protest that significantly affects the country.
- Disturbances of public order, riot, invasion, terrorist attack or terrorist threat, war
(declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
It will be considered that our obligations arising from the Contracts are suspended during the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the Reasons for Force Majeure. We will use all reasonable means to bring the Force Majeure Reasons to an end or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Reasons.
18. WAIVER RIGHTS
The absence of a requirement on our part for strict compliance by the customer with any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due under this Contract or Conditions will not mean the waiver or any limitation in relation to these rights or actions, nor will it exempt the customer from fulfilling its obligations.
No waiver by us of a specific right or action will imply the waiver of our rights or actions arising from the Contract or the Conditions.
No waiver, on our part, of any of these Conditions or of the rights or actions arising from the Contract will have effect, unless it is expressly established that it is a waiver, formalized and communicated to the customer, in writing, in accordance with the provisions of clause 14 above.
19. PARTIAL CANCELLATION
If any of these Conditions or any provision of a Contract are declared null and void, by firm resolution by a competent authority, the remaining terms and conditions remain in force, without being affected by this declaration of nullity.
20. SINGLE AGREEMENT
These Conditions and all documents to which express references are made constitute the entire agreement between us and the customer, regarding the subject matter of the Contract, and replace any other pact, agreement or promise previously established between us and the customer, verbally or by written.
We and the customer acknowledge that we have consented to the execution of the Agreement without having relied on any representation or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parts prior to this Agreement, except for what is expressly mentioned in the present Conditions.
21. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and purchase contracts made through this page are governed by Portuguese law.
This provision does not affect the other rights recognized to the consumer by current legislation.
22. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask you to send comments and suggestions to our contact form.
