These General Sales Conditions are applicable to all purchase transactions, including the online registration and the order request made through www.lemoke.comwebsite.
For the purpose of these General Sales Conditions, the terms used shall have the following meanings:
“SPRING COSTUME”: SPRING COSTUME, LDA., limited company with its headquarters in Avenida da Boavista, n.ºs 3477/3521, 3.º andar, sala 303, 4100-139 Porto, PORTUGAL, with Company Number 513514058, rightful holder of all copyright and related rights, as well as other rights that may be provisioned in the Industrial Property Code regarding the website link www.lemoke.com;
“Costumer”: any natural person, non-trader, who submits an order using the www.lemoke.com website.
These General Sales Conditions do not remove the Customer’s rights and guarantees provided for in the relevant legislation for these type of contracts.
SPRING COSTUME reserves the right to change these “General Sales Condition” at any time, without prior notice, carrying out the amendments needed on the www.lemoke.com website, ensuring that no changes will affect purchases that have already been made prior to their implementation.
To make an order, the Customer must be registered through the www.lemoke.com website, by completing the fields set out in the form provided.
After the registration, the Costumer may access to his/her personal online account by logging in via a personal and non-transferable password chosen upon the registration.
Once the registration has been made in the www.lemoke.com website, the Customer is subjected to these general conditions as well as to the laws and regulations governing the website use and functioning.
To place an order, the Costumer must access his/her personal online account, on www.lemoke.com website, by logging in via the correct use of his/her email and password. Afterwards, the Customer must select the intended product available on online sale, and complete the order by confirming the delivery address and tax number, validating the final order request.
After the order validation, the Customer will receive via email an automatic message named “Order Confirmation”, containing the link that allows him/her to monitor the delivery through www.lemoke.com website.
The order can also be monitored through “My account” link in the Costumer’s personal account on www.lemoke.com website.
The final order request validation implies the Customer full and unconditional acceptance of the transaction, including these General Sales Conditions, the legal and regulatory rules governing such transactions, the price and specifications of the ordered item and establishes the mutual enforceability of the contractually agreed deliverables referred in the order document.
The items are available to order on the www.lemoke.com website.
(Price and item specifications)
The available items for sale on www.lemoke.com website are specified in Euros (€) and include VAT at the legal rate, unless otherwise stipulated.
The specified prices do not include delivery charges, namely shipping costs, which will be added to the full amount of the order after the shipping selection type.
Until the order acceptance, prices specified on www.lemoke.com website can be changed at all time, without prior notice.
SPRING CUSTOME’s items are displayed on www.lemoke.com website, with a description of their features, so that the Customer may become aware before placing the order.
The authorised payment methods are: PayPal, Credit or Debit Card.
Payment is required to complete the order.
www.lemoke.com website usage does not involve any additional cost.
The minimum shipping costs through SPRING CUSTOME logistic operator to mainland Portugal is € 3,50.
An additional charge of € 40,00 will be added to the shipping costs referred to in paragraph 8 regarding orders to be delivered in Madeira or Azores.
The minimum shipping costs through SPRING COSTUME logistic operator is € 15,00 to Europe and € 60,00 to the rest of the World.
Notwithstanding the preceding paragraphs, the shipping costs can be changed without prior notice, so the Customer may check the amount of shipping costs when finalizing the order request.
SPRING CUSTOME may provide other delivery services on www.lemoke.com website, with prices varying according the chosen dispatch mode by the Costumer.
For further information regarding shipping costs, the Customer may contact SPRING COSTUME through [email protected]
SPRING COSTUME reserves the right to dispatch the ordered items free of charge ("free shipping") by express indication on the www.lemoke.com website, which, when applicable, will be mentioned upon the order completion.
SPRING CUSTOME will ship the ordered items by the Customer through its logistic operator to the delivery address specified by the Costumer at the time of the order confirmation. The delivery address can be different from the billing address.
The orders will be delivered according the logistic operator scheduled days and time.
SPRING CUSTOME does not make any deliveries to PO boxes.
SPRING CUSTOME undertakes to comply with its delivery obligation within a maximum of 15 working days following payment.
The Costumer can monitor the order status under the terms of paragraphs 2 and 3 of Article 3.
In the event of item unavailability, namely by stock rupture, SPRING CUSTOME will inform the Customer and refund the amount paid for the item or items within 15 working days following the unavailability awareness. In any case, unavailability does not entitle the Costumer to demand compensation.
The referred deadline in the preceding paragraphs does not include the transportation period, which is dependent on logistics operator and on delivery address.
All orders shipped by SPRING CUSTOME are properly sealed.
Upon delivery, the logistics operator obtains the recipient signature at the address indicated by the Costumer, who is required to carefully examine the package. Refusal by the recipient to sign shall involve the delivery cancelation.
In the event of a damaged package, the Costumer shall refuse the order or accept it but with reservations, recording them in the delivery document.
For the purpose of the preceding paragraph, the Costumer may contact SPRING COSTUME through [email protected]
If the delivery is not possible, the logistic operator shall leave a notice in the Customer mail box. The Customer shall contact the logistic operator within 1 working day in order to schedule a new delivery during office hours.
If the delivery is not possible on the new date, being the Customer responsible, the order will be returned to SPRING CUSTOME.
If the Customer does not receive the order under the preceding paragraphs, being the order returned, the purchase will be considered cancelled and SPRING COSTUME will refund the amount effectively paid by the Customer, deducting the return transport costs.
SPRING COSTUME cannot be held responsible for late deliveries when such delay is due to force majeure or a fortuitous event, namely strikes, acts of war or terrorism, riots, lockouts, uprisings, sabotage, earthquakes, hurricanes, typhoons, storms, fires, floods or other extreme weather or environmental conditions, as well as any act of public authority, provided that SPRING COSTUME is not at fault.
In case of force majeure or fortuitous event, the delivery deadline will be extended until order delivery is possible.
If the force majeure or the fortuitous event does not cease within a period of 4 (four) months, any Party has the right to terminate the contract on such grounds.
Within 14 days from the order delivery, the Customer has the right to free withdrawal without any justification or compensation payment
When the contract is terminated under the preceding paragraph, the Customer shall store the ordered item or items so that they can be returned to SPRING COSTUME in the original package and untainted.
Upon free withdrawal, SPRING COSTUME will reimburse the Customer of the paid amount regarding the ordered items. The reimbursement will occur within 14 days of knowledge of the withdrawal, using the same payment method as the Customer. However, if the Customer has expressly chosen a different and more expensive delivery method than proposed by SPRING COSTUME, additional costs will be charged to the Customer.
The ordered item or items must be returned to SPRING COSTUME within 14 days following the free withdrawal communication.
The Customer is responsible for all the expenses regarding the ordered item or items return as a result of the free withdrawal right exercise.
The Customer must report, with a clear and unequivocal statement, to SPRING COSTUME his/her right to free withdrawal.
The free withdrawal can be sent by the Customer to [email protected] or to the address Avenida da Boavista, n.ºs 3477/3521, 3.º andar, sala 303, 4100-139 Porto.
If the Customer reports his/her withdrawal via email, SPRING COSTUME will send, in a durable medium (for example, via email), an acknowledgement of receipt of such withdrawal request.
SPRING COSTUME reserves the right to withhold the reimbursement until the item or items receiving.
(Return and exchange policy)
SPRING COSTUME will not accept returns unless it is legally required.
SPRING COSTUME only allows exchanges for the same product but of different size, unless otherwise is stated.
For the purposes of the preceding paragraph, the Customer must request the item exchange within 2 days following the product receipt via email to [email protected]. Afterwards, the Customer shall return the product to the address appointed by SPRING COSTUME, identifying the package as EXCHANGE.
In order to exchange any product, the item has to be in perfect conditions, in its original packaging, undamaged, without changes or erasures and with all its accessories and promotional offers, if included, and dully supported by the purchase receipt or invoice.
SPRING COSTUME will exchange the ordered product as prescribed by the second paragraph of the present Article only upon receipt and verification of the returned product.
SPRING COSTUME will only reimburse the Customer of the amount paid, via the same payment method chosen by the Customer on the initial transaction if the product size is not available due to stock rupture.
The reimbursement mentioned in the preceding paragraph will only cover the price effectively paid, excluding shipping charges of the product.
SPRING COSTUME does not accept exchanges or returns of any personalized/customized products according to Customer’s request and specification, reserving the right to refuse all returns or exchanges of such products.
All costs regarding exchange or return orders shall be borne by the Customer, except as provided in the following paragraph.
If the ordered products are defective or mistaken shipments, SPRING COSTUME will be responsible for all costs, provided that the Customer reports this circumstance to the abovementioned address mentioned within 2 days following the products’ receipt.
In the event of the foreseen in the previous paragraph, SPRING COSTUME is held responsible for the defects of the ordered product and shall repair them, exchange the product or reimburse the Client with the amount paid with no additional costs.
SPRING COSTUME does not accept exchanges on damaged products or on products that show any sign of usage, and will not be held responsible for deficiencies resulting from the inappropriate and/or negligent usage of the products, neither for the components submitted to normal wear and tear of the product.
The Customer may address his/her complaints via e-mail to [email protected], or in writing to the address Avenida da Boavista, n.ºs 3477/3521, 3.º andar, sala 303, 4100-139 Porto, PORTUGAL.
SRING COSTUME will not be held responsible for any damages caused by abusive intervention on its website by third parties, nor for the damages resulting from the internet usage or caused by computer virus and/or malicious software on the website.
The website www.lemoke.com solely aims the promotion of the brand the provision of products supplied by SPRING COSTUME to the Customer under the referred conditions, as well as the creation of a personal account to place the orders. The link cannot be used for any other purposes.
Website access data are personable and non-transferable, therefore SPRING COSTUME will not be held responsible for any misuse of those access data by third parties.
These General Sales Conditions shall remain in force during the business relationship, established through the www.lemoke.com website.
Notwithstanding the abovementioned, SPRING COSTUME may review or change these general conditions.
(Evidence and Archive)
Computer records stored in SPRING COSTUME IT system are considered evidence of the sale and purchase agreement, as well as it celebration terms.
Invoices and orders’ proof will be archived in a durable and reliable medium.
(Governing law and jurisdiction)
These General Sales Conditions shall be governed, in all that is missing, by the Portuguese law.
In case of dispute as to validity, interpretation or application of these general conditions, the Parties shall endeavour, by all means of dialogue and modes of composition of interests, to find an agreed solution to the issue.
If it is not possible to reach an agreement in the terms established in the previous paragraph, the Parties agree that any dispute, disagreement, claim or complaint arising from the performance or breach of these general conditions, or with which are related, as well as the doubts that arise regarding the validity and effectiveness of any of its provisions shall be submitted to the Judicial District Court of Porto, with express renunciation of any other.