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This document (herein, simply “Terms and Conditions”) governs the general terms and conditions of use of the website to which you have just accessed, owned by BARBARA OSORIO & COMPANY, LDA, as well as the terms and conditions of purchase and sale of products marketed through the respective online store, from now on, simply referred to as website and online store.

INTRODUCTORY PROVISIONS

  1. Identification of the website owner and supplier of the products:
    The owner of the website and supplier of the products marketed in the online store, is BARBARA OSORIO & COMPANY, LDA. , based at Rua das Perdizes, no. 284, 2º A, Quinta da Bicuda, 2750 – 704 Cascais, and with NIPC 514356731, hereinafter referred to as “BOFABRICS”.BOFABRICS information to the User:
    Headquarters: Rua das Perdizes, nº 284, 2º A,
    Quinta da Bicuda,
    2750 – 704 Cascais
    Phone: +351 916 164 731
    Email address: info@bofabrics.pt

 

  1. Use of the website
    1. The use of the website, either through simple navigation or through the establishment of a commercial relationship with BOFABRICS, assigns you the status of User and implies the acceptance, full and without reservation, of all the provisions included in these Terms and Conditions and full knowledge of the Privacy Policy, in force at each time you access the website.
    2. These Terms and Conditions apply to all Users of the website, including, without limitation, visitors, customers and others not specifically identified.
    3. The contractual proposal regarding the purchase and sale of products marketed by BOFABRICS is addressed only to persons of full age and who, therefore, can be responsible for the commitments resulting from the purchase and sale of products marketed by BOFABRICS.
    4. If the User does not agree to these Terms and Conditions in their entirety, the User must not access the website or the features and services associated with it. In particular, the making of any distance purchase of the products displayed on our website depends on the acceptance of these Terms and Conditions, so if the User does not accept them, the User will not be able to make purchases through it.
    5. By accepting these Terms and Conditions, the User makes such acceptance on his/her personal behalf and/or the organization he/she represents (if applicable). By placing orders through our website the User declares to be over 18 years old, ensuring that he/she has full legal capacity for the acts he/she performs and the powers necessary to carry out such acceptance. Furthermore, by accepting these Terms and Conditions, the User expressly declares that he/she will not use the website and the features and services associated with it, for his/her own use, or for any unlawful and/or unlawful purposes.
    6. BOFABRICS reserves the right to change these Terms and Conditions at any time and without notice, so you must consult the Terms and Conditions prior to each use of the website and its associated features and services.
    7. Without prejudice to the provisions of the preceding paragraph, any changes to the Terms and Conditions following the confirmation of any order do not bind the User in relation to such order. The Terms and Conditions in force will apply on the date of confirmation of each order.
    8. BOFABRICS guarantees account security within the security measures expected and appropriate to platforms such as the
    9. BOFABRICS is not responsible for damages arising from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation, or the provision of services to Users.
    10. Under no circumstances may BOFABRICS and/or its representatives and employees be liable for any damages that may arise, even accidentally, from the malfunction of the website,in any capacity and whatever time such malfunction is prolonged, or for any damage caused by reproduction, use or exploitation.
    11. Violation of these Terms and Conditions by the User constitutes the basis for its resolution by BOFABRICS. In any case, the violation of these Terms and Conditions by the User and regardless of whether its resolution is operated or not, always give BOFABRICS the right to be compensated for all losses arising therefrom. In addition, BOFABRICS reserves the right, at its discretion, to terminate the use of the website and its features and services by the User in question, with or without notification thereof.

 

Products

  1. Customer Registration on the website
    1. Mere access to the website is not subject to registration. However, to enjoy all the features and services of the website, the User must register as a customer.
    2. Registration on the website is done by creating a User account. To this end, you must complete a form in which you must provide the following data:
      Username;
      Email address;
      Password.
    3. The User is responsible for the truthfulness, completeness and lawfulness of the data provided, either at the time of registration or for the purpose of making purchases in the online store, as well as for updating it. Accordingly, the User shall be solely and exclusively liable for any false or inaccurate statements provided and, consequently, for repaying BOFABRICS for all losses suffered by it as a result of non-compliance with this provision.
    4. All the contents inserted in the User’s account, as well as all the activity that takes place therein, are the responsibility of the User, and there is no obligation on BOFABRICS’ part to monitor the contents or (in)compliance with any responsibilities of the User, namely compliance with obligations to other Users or to national authorities.
    5. BOFABRICS has no access to or knowledge of the password defined by the User for the purposes of accessing the website, and it is up to the User to ensure the confidentiality of the password and ensure its custody and good use, as well as to comply with good practices regarding the security of his account (in particular, changing the password regularly and avoiding connections through networks open to the public). As such, BOFABRICS cannot be held liable for damages arising from the loss or misuse of the password defined by the User.
  2. Product Characteristics
    1. The website offers a wide range of BOFABRICS products, for consultation by the User, and these products are available for purchase by Consumers or Professionals.
    2. All products are illustrated with photographs and with an indication of their essential characteristics.
    3. BOFABRICS has made every effort to ensure that the information presented on the website and its online store is free from typographical errors and, whenever these occur, BOFABRICS will proceed as soon as possible to its correction. Likewise, BOFABRICS will make its best efforts to keep product information up to
    4. At any time BOFABRICS may change, delete or move any information on the website, without prior notice, including those relating to products, prices, promotions, offers, commercial conditions and services.
    5. The User already accepts and expressly conforms to the following:
      The photographs presented on the website are purely illustrative, and the User must proceed to carefully and fully read the information about the essential characteristics of the products, and in case of doubt, contact BOFABRICS in order to obtain any additional information, filling out the form made available for requests for information or contacting us by email or telephone to the addresses indicated in point 1.2.;
      Detailed information on the products and their characteristics/specifications can be found with BOFABRICS;
      All products for sale on the website are subject to existing stock;
      BOFABRICS will not assume responsibility for any discontinued articles/products;
  3. Total price of products
    1. The price of each of the products marketed by BOFABRICS is duly indicated on the web site in Euros, including VAT at the legal rate in force.
    2. The prices indicated on the website do not include the costs of transporting the products for delivery to the User, costs that vary depending on the desired mode of delivery. Therefore, you should consult the options and prices in the following clause of these Terms and Conditions.
    3. The costs of transporting the products and, if applicable, the products free of transport costs, will be presented to the User at the time immediately prior to the Confirmation of the Order by the User.
    4. Although BOFABRICS tries to ensure that all prices, product characteristics and other conditions are correct, errors may occur. If BOFABRICS detects an error in the price of any of the products you have ordered, it will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If BOFABRICS is unable to contact the User, the order will be cancelled and the amount that has already been paid will be refunded in full.
    5. The price of the products is subject to change by BOFABRICS until the time of confirmation of the order by the User.
  4.  Buying and Selling – processing
    1. The items for sale are subject to the existing stock, and BOFABRICS is not obliged to market any product that is not available in stock. As such, any order will be subject to stock confirmation by BOFABRICS, as described in the following paragraphs.
    2. For the purpose of placing the order, the User must indicate to BOFABRICS the following personal data:
      First and last name;
      Company
      Country/Region
      Email address
      Contact phone;
      Full billing address (city, zip code, street, door number);
      Complete delivery address (city, zip code, street, door number); And
      NIF (tax identification number) on the invoice (optional).
    3. If you are already a registered User, you must log in to your customer account.
    4. The User is responsible for the truthfulness, completeness and lawfulness of the data provided, either at the time of registration, or for the purpose of making purchases in the online store, as well as for updating it. Accordingly, the User shall be solely and exclusively liable for any false or inaccurate statements provided and, consequently, for repaying BOFABRICS for all losses suffered by it as a result of non-compliance with this provision.
    5. The User must also indicate the desired mode of delivery, and the following options are available:
      [delivery method] – cost: […]; delivery time […];
      [delivery method] – cost: […]; delivery time […];.

      1. Before confirming the order, the User will then be informed of the price to be paid by way of postage, for his order, as well as the foreseeable deadlines, in working days, for dispatch and delivery of the products to the User. The shipping prices will be as follows:Portugal:
        Orders up to 200 € – 5€ shipping cost
        Orders value over 200€ – free shipping
        Remaining Eurozone:
        Orders up to 200 € – 10€ transport cost
        Orders value over 200€ – free shipping

        Outside Eurozone:
        Orders up to 200 € – 10€ transport cost + 50€ Custom clearance
        Orders value over 200€ – free shipping +50€ Custom clearance.

    6. Before Confirming the Order, the User undertakes to check the data contained in his order summary, confirming the User data, the products selected in the shopping cart, the respective mode of delivery and payment method, and must go back to the previous steps in order to proceed to the respective rectification if he detects any non-conformity.
    7. Before completing the order, the User must read the “Terms and Conditions”, inserting the symbol of agreement in the available square, only in case of accepting them. Acceptance of the “Terms and Conditions” is an absolute requirement for the continuation of the operation. The User shall immediately print and archive the Terms and Conditions for future reference.
    8. By confirming the order, the User enters into a purchase and sale agreement with BOFABRICS, expressing his acceptance, fully and completely, of the description of the products contemplated in the transaction, their prices and these Terms and Conditions, which contain the only applicable provisions between The User and BOFABRICS. Nevertheless, the effectiveness of such a contract is subject to the following factors:
      Confirmation of stock by BOFABRICS;
      The good payment of the order by the User.
    9. After placing the order with BOFABRICS, BOFABRICS will send the User an email confirming that the order was received (order confirmation email) and will check the availability of the products ordered in stock. This email will contain a summary of the information about the order placed, including the name/reference of the product, the total price of the same, chosen shipping option and associated shipping charges, as well as the payment data and its deadline.
    10. All product orders in the online store will be subject to their availability in stock. BOFABRICS is not obliged to supply products that are unavailable. As such, after confirming the availability of the products in stock, BOFABRICS will inform the User accordingly, following the procedure provided for in the following paragraphs.
    11. If the products are available, BOFABRICS will send you an email confirming availability, as well as the data to the respective invoice for payment of the order price, indicating the deadline for this purpose. Unless otherwise indicated by BOFABRICS, any payments must be made by bank transfer to BOFABRICS account with IBAN PT50 0018 0003 5108 4507 0206 7 […].
    12. The effectiveness of the order placed will always remain conditional on the proper payment of the same and the receipt of the price by BOFABRICS, so no treatment will be given to the User’s order until the User makes the respective payment.
    13. With the Confirmation of the Order by the User, accompanied by the subsequent full payment of the total price of the products, the contract for the purchase and sale of the products made available in the online store by BOFABRICS is formalized.
    14. If the products are not available, BOFABRICS will inform the User of this unavailability by giving him the choice between one of the following options: i) agree a new delivery time, ii) agree to replace the ordered product with another of equivalent price and quality, or iii) the cancellation of the order.
  5.  Delivery of products and their deadlines
    1. If the contract of sale is formalized, and on condition that the purchased products are available, all in accordance with the previous clauses, BOFABRICS will send the User the delivery information of the products and their deadlines.
    2. Notwithstanding the deadlines, delays may occur for any of the following reasons, not attributable to BOFABRICS, and therefore will not give the User any right to compensation:
      Delays on the part of the carrier;
      Difficulties in delivery to the recipient;
      Local holidays.
    3. The User must ensure the presence of someone at the delivery address of the products, on the date indicated by BOFABRICS.
    4. If on the scheduled date for delivery of the products, the User or the person indicated by him is not at the delivery address of the products, an additional invoice will be sent to him with the costs of travel and instructions for due payment. The User may reschedule the delivery, within a maximum period of 15 8 working days from the previously scheduled day, provided that he has made the payment of the previous trip. Not doing so, the order will be cancelled, in which case BOFABRICS will return to the User the amount that he has paid, deducting the costs of travel.
    5. BOFABRICS disclaimers all liability for any delay or impossibility of delivery of the order, arising from acts for which it is not responsible.
    6. The deadline for delivery of the ordered products is 30 days from the day following the confirmation of payment of the total price of the products.
    7. For the purposes of these Terms and Conditions, a “delivery” is deemed to have been made or a product is considered “delivered” with the signature of the delivery receipt at the agreed address, or, when the product is picked up in the store, with the signature of the withdrawal receipt.
    8. BOFABRICS does not exchange products. As such, in case of mistake of the User, the User must return the product applying, for this purpose, the provisions of the clause of the Right of Resolution, and make a new order with the products you want.
      PRODUCT WARRANTY

       

  6. Product compliance guarantee
    1. BOFABRICS is responsible for any lack of conformity of the products that exist at the time they are delivered to the User.
    2. The products do not comply with the purchase and sale agreement when any of the following are found:
      When the products do not conform to the description made of them by BOFABRICS on its website or do not possess the qualities that BOFABRICS presented to the User as a sample or model;
      When the products are not suitable for the specific use for which the User intended them, and of which he informed BOFABRICS when he concluded the contract which was accepted;
      where the products are not suitable for the uses normally given to goods of the same type;
      Where the products do not present the usual qualities and performance in goods of the same type and which the User can reasonably expect, taking into account the nature of the goods and, where appropriate, the public statements on their specific characteristics made by BOFABRICS or the trademark, in particular in advertising or labelling.
    3. Under Consumer Law, the general warranty period for the products is 2 (two) years for the new products, from the date of delivery of the products to the User, provided that the defect of the product is reported to BOFABRICS within a maximum of 2 months from the date on which it was detected. In sales to professionals, BOFABRICS also accounts for any defect of the products that exist at the time they are delivered to the User, with a warranty period of 6 (six) months from the date of delivery of the products to the User.
  7. Warranty exclusions
    1. The lack of conformity or defects in the products within the meaning of applicable law is not considered to exist if, at the time the contract is concluded, you become aware of such a lack of conformity or defects or cannot reasonably ignore them.
    2. Likewise, there is no lack of conformity or defects in the products, to which BOFABRICS is responsible. The occurrence of defects for which BOFABRICS is not responsible are, in particular when they occur from the following situations:
      The non-use and/or preservation of the products in a careful, diligent and/or in accordance with the respective indications;
      The use of the products for a purpose other than that for which they are intended;
      The production of products according to the customer’s requests and specific characteristics indicated (customization);
      The normal use/consumption of products;
      Modification or alteration of products.
  8. Procedure
    1. If the Product purchased is not in conformity or suffers from any defect, the User must report the situation to BOFABRICS, presenting the respective invoice and the description of the non-conformity, and the respective products must be delivered to BOFABRICS for evaluation.
    2. Upon receipt of the products at BOFABRICS facilities, the reported non-conformity will be verified and, if any lack of conformity of BOFABRICS’ liability is proven, the User will have the possibility to choose between one of the following options:
      Product repair;
      Replacement of the product with one of the identical characteristics;
      Reduction of the price paid for the products;
      Termination of the Agreement pursuant to the following Clause.
      The costs of returning or collecting the products under the warranty will be borne by BOFABRICS whenever it is concluded that the non-conformity in question is under the warranty period.TERMINATION OF THE CONTRACT

       

  9. Right of free termination of the contract
    1. The provisions of this clause apply exclusively to sales made to the final consumer, as defined in Law No. 24/96 of July 31, with subsequent changes.
    2. The provisions of this Clause and the following Clause with respect to the RIGHT OF FREE TERMINATION of the Contract SHALL NOT APPLY where the products are sold to the measure, as ordered by the customer, in which case they will be considered included in the legal exception provided for in paragraph c) of article 17(1) of Decree-Law No. 24/2014 of February 14 (supply of goods made in accordance with consumer specifications or manifestly personalized) and the right of free resolution will not apply.
    3. Without prejudice to the provisions of the preceding paragraph, the User has the right of free termination of this contract within 14 calendar days, without the need to indicate any reason. The period for exercising the right of withdrawal expires within 14 days of:
      the day on which the User or a third party indicated by the User (with the exception of the carrier), acquires physical possession of the product; Or
      the day on which the User or a third party, with the exception of the carrier, indicated by the User, acquires physical possession of the last product, in the case of several goods ordered by the User in a single order and delivered separately.
    4.  The right of free resolution may be exercised by the User for all products purchased or only for some of the products included in an order.
    5. To this end, the User shall complete the following ‘Free Resolution’ template, or to direct a written and unambiguous communication of its resolution decision, and may do so by registered letter to the address of BOFABRICS, at Rua das Perdizes, no. 284, 2º A, Quinta da Bicuda, 2750 – 704 Cascais, or by email to the email address of BOFABRICS, info@bofabrics.pt . If the User makes use of the latter route, BOFABRICS will send the User, by e-mail, a notice of receipt of the request for resolution, within 24 hours.MODEL FORM OF FREE RESOLUTION FORM(YOU SHOULD ONLY COMPLETE
      AND RETURN THIS FORM IF YOU WANT TO TERMINATE THE CONTRACT)

      Company Name| Contributor | General Phone| Fax:
      Address: Email
      Customer Name:
      Customer Address:
      Customer’s telephone number:
      Customer Email:


      I hereby inform you that I will resolve our purchase and sale agreement relating to:


      Product:
      Reference:
      Order No.:
      Ordered in ____/____/____________________________________________
      Received in ____/____/____________________________________________


      Consumer signature (only if this form is notified on paper):
      Local: ___________________.
      Data ____/____/_____.

       

    6. For the withdrawal period to be respected, it is sufficient that the communication concerning the exercise of the free right of withdrawal is sent before the expiry of the withdrawal period provided for in paragraph 2 of this Clause.
  10. Obligations of the parties arising from the free termination of the contract
    1. When the products have already been delivered to the User, he/she must, within 14 days of the date on which he/she has communicated his decision to terminate the contract to BOFABRICS, return or deliver the products to BOFABRICS, being responsible for bearing the costs arising from the return of the products.
    2. In the event of termination of this contract, before the order is received by the User, all payments made by the User will be refunded, including any costs of delivery of the products (except when the User has requested a more costly delivery mode than the one commonly accepted).
    3. BOFABRICS reserves the right to withhold reimbursement of the amounts paid by the User until the products are returned to him.
    4. The refund will be made using the same payment method used in the initial transaction, unless otherwise expressly agreed by the User.
    5. The User must keep the products in order to be able to return them in the proper conditions, in their complete original packaging, and always accompanied by their original cash receipt or invoice.
    6. The contractual right to return the products applies exclusively to products that can be returned under the same conditions in which the User received them. Any product that has been damaged or shows signs of use other than the simple opening of the external packaging of the same, in particular, because its labels have been removed/cut or any safety seals have been violated, BOFABRICS may reject the refund.
    7. The User may not terminate the contract when the transacted product has been, in any of its components, made in accordance with user specifications or customized.
    8. If the above conditions are not met, the return will be rejected, and an email will be sent to the User stating the reasons for the reasons. In this case, the User will have the option to request the resubmission of the products not accepted for return, and the shipping costs are supported.

    FINAL PROVISIONS

     

    1. Intellectual property
      1. BOFABRICS is the owner of all intellectual property rights in the
      2. The contents that are made available by BOFABRICS through the website,in particular, texts, images, trademarks, logos, source codes, are protected by intellectual property legislation, in particular, by copyright and industrial property rights, and their property or license, titled by BOFABRICS and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of BOFABRICS or the holder of the applicable intellectual property right, which the User acknowledges and accepts.
      3. The User undertakes not to make any misuse of these same contents, and may not be copied, disclosed, used or copied in any way, not using software tools to collect protected content, namely robots, crawlers or other automatic mechanisms.
      4. The User will not copy, translate, disassemble or decompile, or create or attempt to create, by reverse engineering or otherwise, the source code and the object code of the Platform, as well as third-party tools and applications and the software associated with its operability, nor will it remove any confidentiality or intellectual property notices.
      5. The User undertakes to fully reimburse BOFABRICS for any damages, costs or expenses that this means as a result of claims of any kind or nature directed against it by third parties, based on the violation of the rights of third parties, including intellectual property rights related to the use of content made available, provided or made available through the website and the services associated with it, including compensation paid to third parties in accordance with them.

     

    1. Protection of Personal Data
      1. BOFABRICS, as the controller, respects your privacy.
      2. Any and all personal data collected on the website will be kept confidential and will not be sold, communicated or, in any way, reused by third parties without providing the Users´ consent to this or without a plea of law justifying the communication, being the User informed of it.
      3. Any personal data provided to the Website will be processed in accordance with current data protection legislation and best practices, ensuring all appropriate technical and organizational security measures for the protection of the same, and the data collected will be used for the ultimate purpose of providing the features and services available on the website and improving your experience on the website.
      4. The User, as a holder of personal data, may exercise the rights that the legislation assigns to him in relation to data protection – in particular, right of access, rectification, erasure, limitation, opposition and portability of data – by written communication to the following e-mail: info@bofabrics.pt, without prejudice to the right to lodge a complaint with the National Supervisory Authority – the National Data Protection Commission (www.cnpd.pt).
      5. For more information on how we treat your personal data, please refer to our Privacy Policy, without prejudice to the notices contained in the places themselves.

     

    1. Responsibility

    To the maximum extent permitted by law, BOFABRICS shall be liable only for damages caused by gross negligence or wilful negligence. BOFABRICS assumes no responsibility for the continuous availability of its website, and in particular mobile networks, the Internet and mobile devices.

    1. User support and complaints

    The User may direct comments, suggestions or complaints to BOFABRICS by telephone, to the number +351 916 164 731(available from Monday to Friday from 9 am to 1 pm and from 2 pm to 6 pm) or by emailing info@bofabrics.pt.

    1. Alternative dispute resolution
      1. The provisions of this clause apply exclusively to sales made to the final consumer, as defined in Law No. 24/96 of July 31, with subsequent changes.
      2. BOFABRICS informs that, under the terms of the Consumer Protection Act, conflicts of consumption of low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, whenever, by the express option of consumers, they are submitted to the arbitration tribunal attached to the arbitration centers for legally authorized consumer conflicts. Thus, in the event of a dispute, the final consumer may use any of these means and must be represented by a lawyer or solicitor (or apply for legal aid, in accordance with legal law).
      3. Furthermore, under Reg. (EU) 524/2013 of the European Parliament and the Council, the User can access the Online Dispute Resolution Platform (RLL) in https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, where information is available on the possibility of using it to resolve their disputes. https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
      4. Also on the Consumer Portal (consumidor.pt) information is made available on the Alternative Dispute Resolution Entities available for the promotion of out-of-court settlement of national and cross-border disputes under Law No 144/2015, 8 September, with subsequent amendments, where they are initiated by a consumer against a supplier of goods or service providers and comply with contractual obligations resulting from contracts for the purchase and sale or provision of services concluded between a supplier of established goods or service providers and consumers residing in Portugal and the European Union.

     

    THE USER DECLARES THAT HE HAS READ AND UNDERSTOOD THESE GENERAL CONDITIONS, AS WELL AS THE POLICIES ASSOCIATED WITH THEM, AND THAT HE/SHE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. IT ALSO ACKNOWLEDGES THAT THIS IS THE COMPLETE AND EXCLUSIVE DECLARATION OF THE AGREEMENT BETWEEN YOU AND BOFABRICS, WHICH DEROGATES FROM ANY PREVIOUS WRITTEN OR ORAL PROPOSAL OR AGREEMENT, AND ANY OTHER COMMUNICATION BETWEEN YOU AND BOFABRICS CONCERNING THE SUBJECT MATTER OF THIS CONTRACT.

Terms and Conditions updated on 06/01/2020.