Terms and Conditions of Use of This Website
1 - Introduction
This document (together with the documents mentioned herein) establishes the conditions governing the use of this Website and the purchase of products thereon (hereinafter, “Conditions”).
Please read the Conditions carefully before using this Website. When you use this Website or when you place an order through it, you the Customer agree to be bound by these Terms. In this regard, if you do not agree with all the terms, you should not use this Website.
These Terms are subject to change. It is your responsibility to read them periodically, as the terms and conditions in force at the time you use the Website or enter into a contract (as defined below), are the terms that will be applicable to you. The Contract can be formalised, at your request, in any of the languages in which the Terms are available on this Website.
2- About us
The sale of items on this Website is conducted under the name of ShirtsmMTM, with corporate headquarters at Rua Daciano Baptista Marques, Nº 245, 2º, 4400-617, Vila Nova de Gaia - Portugal.
3- Your data and visits to this website
4- Use of our website
When you use our Website or you place an order through it, you agree:
4.1. To use this Website solely to make legitimate enquiries or orders.
4.2. Not to place any false or fraudulent orders. If it can be reasonably understood that an order of this nature has been placed, we are entitled to cancel the order and to inform the relevant authorities.
4.3.To provide us with your correct and accurate email address, postal address and/or other contact details. You also agree that the information provided may be used to contact you if you need to consult our Privacy Statement.
If you do not provide all the information we need, we may not be able to complete your order. By placing an order on this Website, you state that you are over 18 years old and have the legal capacity to enter into contracts.
5- Entering into the contract
When placing an order, you must follow the online shopping procedure and click on “Authorise Payment”, having first read and accepted these Purchase Terms. At that point, the User will have entered into a purchase and sales contract with us (the “Contract”). You will then receive an e-mail acknowledging receipt of your order (the "Order Confirmation"), later you will be informed via an email where we confirm that the product will be sent (the "Delivery Confirmation"). An electronic receipt containing details of your order must be attached to the Delivery Confirmation (the “e-receipt”).
6- Availability of products
All product orders are subject to availability. Similarly, should difficulties arise concerning the supply of products or where no more items remain in stock, you will be reimbursed any amount that you have paid for the unavailable items within 30 days.
Notwithstanding Clause 6 above concerning product availability, and unless exceptional circumstances prevent us from doing so, we will endeavour to send the products mentioned in each Delivery Confirmation before the delivery date stated on the Delivery Confirmation in question and if no delivery date is specified, within 30 days from the date the Delivery Confirmation is sent. However, delays may occur for any of the following reasons: product customisation; speciality items; unforeseen circumstances; or delivery area.
The virtual gift card will be sent on the date indicated by you when ordering.
If we are unable to meet the delivery date for reasons beyond our control, you will be informed of the situation and provided with the option to continue with the purchase, selecting a new delivery date, or cancel the order with full reimbursement of the amount paid, notwithstanding any other rights applicable under current
legislation. Please note, however, that we do not deliver on Saturdays or Sundays, except in the case of virtual gift vouchers which will be delivered on the date indicated by you. For the purpose of these Terms the "delivery" shall be deemed to have occurred upon the signing for receipt of the products at the agreed delivery address.
8 - Inability to deliver
If we cannot deliver your order, we will leave a note explaining where your parcel is and how you can pick it up.
In the event of non-delivery of the product within the set time frame, you may be charged for costs associated with storing the products and costs arising from repeated attempts to deliver the order.
9 - Transferring product risk title
The product risk will be your own from the moment of delivery. You take ownership of the products when we receive full payment of the amounts due for the same, including shipping costs, or at the time of delivery (as defined in Clause 8 above), whichever is later.
10 - Price and payment
Once you have finished shopping, all the items you wish to purchase are added to your basket. The next step is to go to checkout to make payment. To do this: Click "Shopping Cart" at the top of the page; Click "Access Basket"; Click "Process Order"; Complete or confirm the contact information, your order details, the address where you want the order to be sent and the address you want to include on the invoice; Enter your card details; Click "Authorise Payment".
Payment can be made by Visa, Mastercard, American Express and PayPal. You can also pay for all or part of your order using an Myshirt gift card or payment card.
11 - Value added tax
In accordance with the rules and regulations in force, all purchases made through this Website are subject to the applicable Portuguese Value Added Tax (VAT) rate.
12 - Exchange and return policy
12.1 Right of withdrawal from the contract
In accordance with the applicable rules, if you are contracting as a consumer, you may terminate the Contract (except when the purpose of the contract is any of the products for which the right of withdrawal in Clause 12.3 below is excluded) at any time within 14 days of its formalisation. If you do so, you will receive a refund for the amount paid for the products. You shall be liable for the direct costs of returning the product if it is not returned using one of the free methods mentioned in Clause 12.3 below. You may exercise your right to cancel by any legally permitted means, and this right shall be deemed to have been exercised when you send the cancellation document provided or return the products. This clause does not affect your statutory rights.
12.2 Contractual right to return products
12.3 Conditions of the contractual right to return products
You do not have a contractual right to return the following products:
The contractual rigght to return products applies exclusively to products that can be returned under the same conditions in which the customer received them. Please return the item, using or including the original packaging.
It should also include all instructions, labels. documents and product packaging. In any case, you must dliver, duly completed, the receipt you received at the time of delivery of the product, together with the product to be returned.
No refund will be made if the product has been used beyond simply opening its packaging or has been damaged; therefore, the customer must be careful with the products while they are in their possession.
Only exchanges are made for the same article of different color size.
a. Returns via courier
You should contact our returns service so we can arrange for the items to be collected from your home address. You should deliver the product in the same packaging in which you received it, with a printed copy of the e-receipt attached to the email with the delivery confirmation.
None of the options above will entail any additional cost to you. If you do not want to return the products through the free options available, you will be responsible for the return costs. Please note that if you decide to return the goods to us at our expense, we will be entitled to charge you for the direct cost we might incur as a result. After examining the items, we will let you know if you are entitled to a full refund of the amounts paid. The refund will be paid at the earliest opportunity and in all cases within 14 days from the date you notified us of your intention to cancel.
Refunds will always be paid using the payment method you used to purchase the product. If you have any doubts, please contact us via our web form.
Notwithstanding the limitations of the contractual right to return products, provided in clause 12.2, this Clause shall not apply to the exercising of the right to free cancellation of the contact to which the consumer is legally entitled, in particular with regard to the limitation of the power to inspect and handle goods.
12.4 Defective products
In cases where you consider that, at the time of delivery, the product does not comply with the provisions of the Contract, the customer must contact us through our contact form, indicating the product data, as well as the damage suffered within the legally fixed period of two months, where the procedure will be indicated.
As legally established, instead of canceling the contract (and consequent return of the asset and refund), you can also choose to replace the product, or to reduce the price accordingly.
The refund of the price, the replacement of the product, or the appropriate reduction of the price paid for the item, will take place as soon as possible and, in any case, within 30 days after the date of sending the e-mail to be confirmed. the return or replacement of the nonconforming article.
The amount paid for products that are returned due to some imperfection or defect that actually exists will be fully refunded, including delivery costs incurred for the delivery of the item.
The return will be made by the same payment method that was used to pay for the purchase.
All rights recognized by the law in force will be safeguarded.
12.5 Right to withdraw orders from abroad
If you have ordered items from another EU Member State outside Portugal through this website, clauses 12.1,12.2,12.3 apply with the restriction that the transport determined by us, can only be carried out to the original delivery address within Portugal.
We further inform you that we are not under any circumstances (with the exception of clause 12.4 to which this clause 12.5 does not apply) obliged to pay shipping costs to addresses other than the original delivery address, nor the costs of returning destinations outside Portugal.
13 - 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 from those who granted us the license to their use. The customer may only use this material in the manner expressly authorized by us or by those who have granted us the license for its use. This does not prevent you from using this web page to, as necessary, copy your order information or Contract data.
14 - Viruses, piracy or other attacks on computers
Do not misuse this Website by intentionally introducing viruses, Trojan horses, logic bombs, or any other technologically harmful or damaging material. Users must not attempt to gain unauthorised access to this Website, to the server on which this site is housed or to any other server, computer or database associated with our Website. Users promise not to attack this Website through the use of a service denial attack or a distributed denial of service attack. Failure to comply with this clause could constitute a breach of applicable legislation. We will inform the relevant authorities of any breach of said legislation and cooperate with them to uncover the identity of the perpetrator. Users who fail to comply with this clause will no longer be authorised to use this Website. We shall not liable be for any data or losses resulting from a denial of service attack, virus or any other technologically damaging program or material that may affect your computer, IT equipment, data or material, as a result of using this Website or of downloading content from the site or content to which the site redirects you.
15 - Links from our website
Where our Website contains links to other pages and third party materials, these links are provided for information purposes only. We have no control over the content of these pages or materials. Therefore, we will not accept any liability for damages or losses due to its use.
16 - Written communications
In accordance with applicable legislation, some of the information or communications that we send will be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you with electronically comply with the legal requirement for such communications to be in writing. This condition does not affect your statutory rights.
17 - Notices
All notices given by you to us should be given to us via our web form. Subject to and as otherwise specified in clause 19 we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18 - Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract . All other transmissions of the contractual position, rights or obligations of Myshirt established under this contract shall also be subject to your prior consent.
In order to avoid any doubts, any such transfer, assignment, charge or other disposition shall not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
19 - Force majeure events
We will not be liable for any breach or delay of any of our obligations under a Contract that is due to events beyond our reasonable control (“Force Majeure”). Force Majeure includes any act, event, lack of exercise, omission or accident that is beyond our control, including, but not limited to, the following:
1. Strikes, employers lockouts or other measures.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications systems.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20 - Waiver
If we fail, at any time during the term of a Contract, to demand strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any right or specific action shall not constitute a waiver of our rights or actions derived from the Contract or Terms.
No waiver by us of any of these terms and conditions or rights or actions derived from the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the above paragraph concerning Notices.
21 - Severability
If any of these Conditions or any provision of a Contract is declared null and void by resolution by a competent authority, the remaining terms and conditions shall remain in force without being affected by such declaration of annulment.
22 - Entire agreement
These Terms and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Both you and we acknowledge that, in entering into a Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided for in these Terms.
23 - Aplicable law and jurisdiction
The use of our website and the purchase contracts made through this page are governed by Portuguese law.
If the customer is hiring as a consumer, nothing in this clause will affect the rights that the current legislation recognizes as such.
24 - Comments and Suggestions
Your comments and suggestions are welcome. We ask that you send comments and suggestions to our contact form.
25 - Right to unilateral changes of conditions
If, as a consumer, you believe that your Rights have been violated, you can address your complaint to the firstname.lastname@example.org address, in order to appeal to an extrajudicial resolution.
In this sense, if the transaction between You. and our company has been completed through our website, we inform you in accordance with EU Regulation No. 524/2013 - which has the power to try to resolve any dispute in an extrajudicial way through access to the electronic conflict resolution platform online, by email //ec.europa.eu/consumers/odr/
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of 8 September, on the Consumer Portal, through the website www.consumidor.pt.