1. These General Sales Conditions are applicable to all purchase transactions made via the www.lemoke.com website, including the online registration and the order request.
2. For the purposes of these General Sales Conditions, the terms used shall have the following meanings:
a. “SPRING COSTUME”: SPRING COSTUME, LDA., limited company with head office at Avenida da Boavista, n.ºs 3477/3521, 3.º andar, sala 303, 4100-139 Porto, registered with the Commercial Register of Aveiro under the single taxpayer number 513514058, with the share capital of € 25.000,00 (twenty-five euros), rightful holder of all copyright and related rights regarding the website link www.lemoke.com, as well as other rights that may be provisioned in the Industrial Property Code; b. “Costumer”: any natural person, non-trader, who submits an order using the www.lemoke.com website.
3. These General Sales Conditions do not waive the Customer’s rights and guarantees provided for in the applicable legislation for these contracts. 4. SPRING COSTUME reserves the right to change these “General Sales Condition” at any time, without prior notice, carrying out the amendments needed on the website, ensuring that no changes will affect purchases that have already been made prior to their implementation.
Article 2 (Registration)
1. To make an order, the Customer must be registered, and may do it so via the www.lemoke.com website, by completing the fields set out in the form provided.
2. After the registration as Customer, the access to the personal online account is made via a personal and non-transferable password, chosen upon the registration.
3. Once the registration has been made in the www.lemoke.com website, the Customer is subject to these general conditions, as well as to the laws and regulations governing the website use and functioning.
Article 3 (Order)
1. To place an order, the Costumer must access the personal online account in the www.lemoke.com website, by logging in via the use of email and password and select the intended product available on online sale, completing the order by confirming the delivery address, the taxpayer number and validating the final order request.
2. After validating the final order request, the Customer will receive, via email, an automatic message named “Order Confirmation”, containing the link that allows to monitor the delivery through www.lemoke.com website.
3. The order can also be monitored through “My account” link in the Costumer’s personal account on the www.lemoke.com website.
4. The validation of the final order request determines that the Customer fully and unconditionally accepts 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 (SPRING COSTUME and Customer) enforceability of the contractually agreed obligations referred in the order document.
5. The available products are available to purchase on the www.lemoke.com website.
Article 4 (Price and item specifications)
1. The available items for sale on the www.lemoke.com website are specified in Euros (€) and include VAT at the legal rate, unless otherwise is stipulated.
2. The specified prices do not include delivery charges, designated by shipping costs, which will be added to the full amount of the order request after selection of the shipping option among the available.
3. The prices specified on the www.lemoke.com website can be changed at all time, without prior notice, but not after SPRING COSTUME accepts the order placed by the Customer.
4. The products of SPRING CUSTOME are displayed on the www.lemoke.com website, with a description of their features, so it is considered that the Customer is aware of them before placing the order request.
5. The authorised payment methods of the due price are: PayPal, Credit or Debit Card.
6. The order request will only be deemed complete after its payment.
7. The use of the www.lemoke.com website does not involve any additional costs.
8. The minimum shipping costs via SPRING CUSTOME logistic operator to mainland Portugal is € 4,99.
9. An additional charge of € 4,00 will be added to the shipping costs referred to in paragraph 8 regarding orders to be delivered in Madeira or
10. The minimum shipping costs via SPRING COSTUME logistic operator to Europe is 15,99€ and to the rest of the World is 60,00€.
11. Notwithstanding the preceding paragraphs, the shipping costs can be changed without prior notice, so the Customer may check the amount of shipping costs upon finalizing the order request.
12. SPRING CUSTOME may provide other delivery services on the www.lemoke.com website, with different prices depending on the chosen dispatch mode by the Costumer.
13. For further information regarding shipping costs, the Customer may contact SPRING COSTUME via email to firstname.lastname@example.org.
14. SPRING COSTUME reserves the right to dispatch the ordered products free of charge ("free shipping") by express indication on the www.lemoke.com website, which, when applicable, will be mentioned upon the order request completion.
Article 5 (Delivery)
1. SPRING CUSTOME will ship the ordered product(s) by the Customer via its logistic operator to the delivery address specified by the Costumer at the time of the order request confirmation. The delivery address can be different from the billing address.
2. The order requests will be delivered according the logistic operator schedules.
3. SPRING CUSTOME will not make any deliveries to PO boxes.
4. SPRING CUSTOME undertakes to ship the order within a maximum of 15 (fifteen) working days following payment.
5. The Costumer can monitor the order status under the terms of paragraphs 2 and 3 of Article 3.
6. In case the product is unavailable, namely due to stock rupture, SPRING CUSTOME will inform the Customer and refund the amount paid for the product(s) within 15 (fifteen) working days following becoming aware of the unavailability, but this fact does not entitle the Costumer, in any case, to demand compensation.
7. The referred deadline in the preceding paragraphs does not include the transportation period, which depends on the logistics operator and the destination address.
8. All orders shipped by SPRING CUSTOME are properly sealed.
9. Upon delivery, the logistics operator obtains the recipient signature at the address indicated by the Costumer, who is required to carefully examine the package. If the recipient refuses to sign, such fact will be stated in the document and the delivery will not proceed.
10. 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.
11. For the purposes of the preceding paragraph, the Costumer may also contact SPRING COSTUME via email@example.com.
12. If the delivery is not possible, the logistic operator shall leave a notice in the Customer mail box. The Customer shall contact directly the logistic operator within 1 (one) working day, in order to schedule a new delivery during office hours.
13. If the delivery is not possible on the new date, being the Customer responsible, the order will return to SPRING CUSTOME.
14. 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.
15. 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, tornados, hurricanes, 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.
16. In case of force majeure or fortuitous event, the delivery deadline will be extended until order delivery is possible.
17. 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.
Article 6 (Free withdrawal)
1. Within 14 (fourteen) days from the order delivery, the Customer has the right to free withdrawal without any justification or compensation payment.
2. When the contract is terminated under the preceding paragraph, the Customer shall store the ordered product(s) so that they can be returned to SPRING COSTUME in the original package and untainted.
3. Upon free withdrawal, SPRING COSTUME will reimburse the Customer of the paid amount regarding the ordered items within 14 (fourteen) 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 the one proposed by SPRING COSTUME, the additional costs will be charged to the Customer.
4. The ordered product(s) must be returned to SPRING COSTUME within 14 (fourteen) days following the free withdrawal communication.
5. The Customer is responsible for all the expenses regarding the returned product(s) as the result of the free withdrawal right exercise.
6. The Customer must report to SPRING COSTUME, with a clear and unequivocal statement, the exercise of the right to free withdrawal.
7. The free withdrawal can be exercised by the Customer to firstname.lastname@example.org or to the address Avenida da Boavista, n.ºs 3477/3521, 3.º andar, sala 303, 4100-139 Porto.
8. If the Customer reports the free withdrawal via email, SPRING COSTUME will send, in a durable mean (as email), an acknowledgement of receipt of such withdrawal request.
9. SPRING COSTUME reserves the right to withhold the reimbursement until it receives the product(s).
Article 7 (Return and exchange policy)
1. SPRING COSTUME will not accept returns unless it is legally required.
2. SPRING COSTUME only allows exchanges for the same product but of different size, unless otherwise is stated.
3. For the purposes of the preceding paragraph, the Customer must request the product(s) exchange within 2 (two) days following the product(s) reception, via email to email@example.com. Afterwards, the Customer shall return the product(s) to the address appointed by SPRING COSTUME, identifying the package as EXCHANGE.
4. In order to exchange any product, it 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.
5. SPRING COSTUME will exchange the ordered product(s) as prescribed by paragraph 2 of the present Article and only upon receipt and verification of the returned product.
6. SPRING COSTUME will only reimburse the Customer of the paid amount, via the same payment method chosen by the Customer on the initial transaction, if the product size is not available due to stock rupture.
7. The reimbursement mentioned in the preceding paragraph will only cover the price effectively paid, excluding shipping costs.
8. SPRING COSTUME does not accept exchanges or returns of any personalized/customized products according to Customer’s requests and specifications, reserving the right to refuse all returns or exchanges of such products.
9. All costs regarding exchange or return orders shall be funded by the Customer, except as provided in the following paragraph.
10. If the ordered products are defective or mistaken shipments, SPRING COSTUME will be responsible for all shipment costs, provided that the Customer reports this circumstance to the abovementioned address within 2 (two) days following receiving the products.
11. In the event of the foreseen in the previous paragraph, SPRING COSTUME is held responsible for the original defects of the ordered product(s) and shall repair them, exchange the product(s) or reimburse the Customer with the amount paid, with no additional costs to the Customer.
12. 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.
13. The Customer may address all complaints via email to firstname.lastname@example.org, or in writing, to the address Avenida da Boavista, n.ºs 3477/3521, 3.º andar, sala 303, 4100-139 Porto.
Article 8 (Responsibility)
1. SPRING 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.
2. The website www.lemoke.com solely aims the promotion of the brand LE·MO·KE, 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 and cannot be used for any other purposes.
3. Website access data are personal and non-transferable, therefore SPRING COSTUME will not be held responsible for any misuse of those
access data by third parties.
Article 9 (Duration)
1. These General Sales Conditions shall remain in force during the contractual relationship between SPRING COSTUME and the Customer, established via the www.lemoke.com website.
2. Notwithstanding the abovementioned, SPRING COSTUME may review or change these general conditions.
Article 10 (Evidence and Archive)
1. Computer records stored in SPRING COSTUME IT system are considered evidence of the sale and purchase agreement, as well as its celebration terms.
2. Invoices and orders proof will be archived in a durable and reliable mean.
Article 11 (Governing law and jurisdiction)
1. These General Sales Conditions shall be governed, in all that is missing, by the Portuguese law.
2. 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 possible, to find an agreed solution to the issue.
3. 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.