Introduction
By placing orders at mellowmove-clothing.com you agree to be bound by below general Terms and Conditions and our Data Protection Policies. Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website. The applicable language of the Terms and Conditions is the English language. In below we will refer to Mellowmove LDA as “us”, “our”, “we”or “our company”
If you do not agree to all the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.
By purchasing any product from this website, you enter into a contract with us on these terms. For any questions relating to terms and conditions, general web shop, orders or shipments, please contact us through our contact form on the website: https://mellowmove-clothing.com/contact
Company Information (Return address)
Mellowmove LDA
Rua Principal 4 – Casais de São Lourenço
2640-206 Encarnação
Portugal
VAT number: PT509063489
Personal Information
The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website, you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with, are true and accurate. For further information on Data Protection please read our Privacy Policy.
Use of our Website
By using this website and/or by placing any order through it, you undertake:
- To use the website exclusively to make legitimate enquiries or orders.
- Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you if this should prove necessary (see our Data Protection Policies).
- If you do not give us all the information that we need, we may not be able to complete your order. By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
How the contract is formed
The information set out in the Terms and the details contained on this website do not constitute an offer for sale, but rather an invitation to trade. No contract in respect of any items will exist between us until your order has been expressly accepted by us, whether or not funds have been deducted from your account. If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order, you must follow the online shopping process and click on “Authorise payment” to submit the order. After this, you will receive an email from us confirming receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm this acceptance to you by sending you an email that confirms that the item is being sent (the “Shipping Confirmation”).
The contract for the purchase of an item between us (the “Contract”) will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other items which may have been part of your order, until the dispatch of those items has been confirmed in a separate Shipping Confirmation
Product Information
We attempt to be as accurate as possible in our product descriptions. We do not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free.
We endeavour to display product colours as accurately as possible on our web site. The colours displayed on your screen can differ from the actual colours, therefore we cannot guarantee that your screen displays the accurate colours.
Availability of Items
When your order is received, you will be emailed an order confirmation. We reserve the right not to deliver in the event that the stock level was incorrect at the time of receiving the order. If we are unable to deliver your order, we will inform you about the cancellation and process a refund for the same value. Mellowmove LDA has the right to send out only parts of the order in case one of the items is out of stock.
Refusal of your Order
We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
Price
The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price.
All displayed prices are final prices including the respective VAT that may differ between countries. Prices do not include payment, delivery or import tax charges. Mellowmove LDA retains the right to change prices at any time. The pricing currency on our website is determined as Euro.
Payment
Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make your payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before your payment, you can modify the details of your order.
Credit/Debit Cards:
We accept payment via VISA and MasterCard. When paying by card you will be asked for the card number, its period of validity and the CVC code. We use a security standard called 3D-Secure, developed by VISA and MasterCard. All information is encrypted using SSL encryption, which prevents unauthorized access to card details. We do not store card numbers after the transaction has been completed.
PayPal:
PayPal allows secure payment from your bank account, credit card or PayPal account.
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days beginning from the day on which you or a third party named by you but other than the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e- mail). To meet the withdrawal deadline, it is sufficient that you send your communication executing your withdrawal before the 14 days’ period has expired.
Effects of withdrawal:
If you withdraw from this contract we shall refund all payments received from you, including the costs of delivery, except for any supplementary expenses resulting from your decision to use a specific mode of delivery other than our standard delivery. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, e.g. you accept the substitution of the item or a voucher instead of the refund of the payments.
You shall send back the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract. In order to meet the deadline, it suffices that you post the goods before the end of the deadline. You shall not be liable for a diminished value of the goods which is consequence of a necessary handling.
Liability and Disclaimers
We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
We have a legal duty to supply items to you that are in conformity with the contract, however, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising. As you are contracting as a consumer, and complying with our lawful obligations, we will be responsible for delivering items to you that: (i) comply with the description given by us and possess the qualities that we have presented on this website, (ii) are fit for the purposes for which items of their kind are normally used and (iii) show the quality and performance which are normal in items of the same type and which can reasonably be expected.
We warrant to you that any item purchased from us through this website is of satisfactory quality and reasonably fit for all the purposes for which items of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the items available on this website. Items (including handicraft items) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed item. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only items of the highest quality, but natural characteristics are inevitable and should be accepted as part of the individual appearance of the item. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
Force Majeure
We will not be liable or responsible for any failure to perform, delay in delivery or any of our obligations under these terms and conditions that are caused by events outside our reasonable control Force Majeure Event.
An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain always vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
Viruses, Hacking and other Cyber Crimes
You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorised access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.
By breaching this provision, you may commit a criminal offence under the applicable regulations.
We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.
Links from our Website
We may have links from our website to other third-party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
Written Communications
Applicable laws require that some of the information or communications we send to you should 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 these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Our Right to vary these Terms
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
Law and Jurisdication
The use of our website and the Contracts for the purchase of items through such website will be governed by Portuguese Law. Any dispute arising from, or, related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Portuguese courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.
