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Terms and Conditions
1. INTRODUCTION
This document (together with the attached documents) sets out the conditions governing the use of this website (www.Simply b .pt) and the purchase of products on it (hereinafter the "Conditions").Please read the Conditions, our cookie policy and our privacy policy carefully before using this website. By using this website or placing an order through it, you are aware that you must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the conditions and privacy policies, you should not use this website.These conditions may change, and it is your responsibility to read them regularly, since the conditions in force at the time of using the website or entering into the contract (as defined below) are the ones that will apply.
If you have any questions about the conditions or privacy policies, you can contact us using our contact form. Contact may be made, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
This website is run under the trademark SIMPLY B , which belongs to the company Vintage Butterfly Turismo e Serviços, Lda., based in Estarreja, called "Responsible" under the number 514386550, which is also the legal person identification number, with the telephone number 962 631 835 and the e-mail info@vintagebutterfly.pt.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or data provided by the customer will be processed in accordance with the provisions of the Privacy Policy. By using this website, the customer is consenting to the processing of said information and data and declares that all the information or data they provide us with is true and corresponds to reality.
4. USE OF OUR WEBSITE
By using our website and/or placing orders through it, the customer undertakes to:
4.1. Use this website only to make legally valid inquiries or orders.
4.2 Not to place any false or fraudulent orders. If we can reasonably believe that such an order has been placed, we will be authorized to cancel it and inform the competent authorities.
6. PRICE AND PAYMENT
The price of each service will be the one stipulated on our website at any given time, except in the case of obvious errors. Although we try to ensure that all the prices on the website are correct, errors may occur. If we detect an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the service with the correct price or canceling it. If we are unable to contact you, the service will be canceled and you will receive a full refund.
We will not be obliged to provide you with any service at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error in the price is obvious and unequivocal and could reasonably have been recognized by you as being an incorrect price.
Prices may be changed at any time, but (except in the terms set out above) possible changes will not affect orders for which we have already sent a Purchase Confirmation.
Once you have made your purchases, all the items you wish to buy have been added to your cart and the next steps are to complete the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step.
In addition, during the purchase process, before payment, you can change the details of your order. You can pay using Visa, Mastercard, American Express or Stripe cards or by bank transfer.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged as soon as your order leaves our warehouses.
By clicking on "Checkout", you confirm that the credit card is yours or that you are the legitimate owner of the payment card.
Credit cards are subject to verification and authorization by the issuing entities, but if they do not authorize payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with the customer.
7. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
9. INTELLECTUAL PROPERTYThe 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 all times, ours or those of the person who has granted us the license to use them. You may only use this material in the manner expressly authorized by us or by the person who granted us the license to use it. This does not prevent you from using this website to copy the information relating to your order or the details of the Contract as necessary.10. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKSYou must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or damaging material. You must not gain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may imply the commission of infringements typified by the applicable legislation. We will inform the competent authorities of any breach of this legislation and will cooperate with them to discover the identity of the attacker. If you fail to comply with this clause, you will also no longer be authorized to use this website.
We will not be liable for any data or losses resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or content to which it redirects.
11. LINKS FROM OUR WEBSITE
If our website contains links to other pages and materials of third parties, these links are provided for information purposes only, without us having any control over the content of those pages or materials. We therefore accept no liability for damage or loss arising from their use.
12. WRITTEN COMMUNICATION
Applicable legislation requires that part of the information or notifications we send must be in writing. By using this website, you agree that most notifications to us will be electronic. We will contact you by email or provide information through notices placed on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other notices sent electronically satisfy the legal requirement that such notices be in writing. This condition shall not affect the rights recognized by law.
13. NOTIFICATIONS
Customer notifications must be sent by telephone to +351 222 032 163, via the whatsapp chat available on the website, via social networks (Facebook, Instagram and LinkedIn) or via our contact form. In accordance with the provisions of Clause 10 above and unless otherwise indicated, we will send you notifications by email or to the postal address provided when you placed your order.
Notifications will be deemed to have been received, and correctly made, the moment the customer enters our website, 24 hours after an email has been sent or three days after the postage date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was duly delivered to the post office or letterbox and, in the case of an email, that it was sent to the email address specified by the recipient
14. TRANSFER OF RIGHTS AND OBLIGATIONS
The commitment of the contract applies to you and us, as well as our respective successors, persons who have benefited from transfers made by us and heirs. You may not assign, waive, set aside or in any other way transfer a contract or any of the rights or obligations arising from it without obtaining our prior written consent.
We may assign, waive, embargo, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during the term of the contract, to any other company owned by the legal owners of Simply b .
All other transfers of our contractual position, rights or obligations under this contract shall also be subject to your prior consent. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers must not affect the rights that, as applicable, you have as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit guarantees that we may have given you.
15. FORCE MAJEURE
We shall not be liable for any breach or delay of any of our obligations under a Contract caused by events beyond our control (Force Majeure).
Force Majeure shall include any act, event, failure to act, omission or accident beyond our control, including but not limited to the following:
i. General strike or other form of protest that significantly affects the country.
ii. Disruption of public order, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic, pandemic or any other natural disaster.
iv. Inability to use trains, boats, aircraft, motor transport or other means of transportation, public or private.
v. Inability to use public or private telecommunications systems.
Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure occurs and we shall benefit from an extension of the period for fulfilling such obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to bring the Force Majeure to an end or to find a solution that allows us to fulfill our obligations under the Contract, despite the Force Majeure.
16. WAIVER RIGHTS
Failure on our part to require strict compliance by the customer with any of the obligations assumed by the customer under a Contract or these Conditions or failure on our part to exercise any rights or actions due under such Contract or Conditions shall not constitute a waiver or limitation of such rights or actions, nor shall it relieve the customer of its obligations.
No waiver by us of a specific right or action shall imply a waiver of our rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from the Contract shall be effective unless it is expressly established that it is a waiver, formalized and communicated to the customer in writing in accordance with the provisions of clause 10 above.
17. PARTIAL ANNULMENT
If any of these Conditions or any provision of a Contract is declared null and void by firm resolution of a competent authority, the remaining terms and conditions shall continue in force, without being affected by such declaration of nullity.
18. SINGLE AGREEMENT
These Conditions and all documents to which express reference is made constitute the entire agreement between us and you relating to the subject matter of the Contract and supersede any other covenant, agreement or promise previously made between us and you, whether oral or in writing.
We and the customer acknowledge that we have consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parties prior to this Contract, except for what is expressly mentioned in these Conditions.
19. APPLICABLE LAW AND JURISDICTION
The use of our website and the purchase contracts made through this website are governed by Portuguese law.
This provision does not affect the other rights recognized to the consumer by the legislation in force.
20. COMMENTS AND SUGGESTIONS
We always welcome your comments and suggestions. Please send your comments and suggestions via our contact form.
You can send your comments and complaints via our contact form or by email to info@vintagebutterfly.pt.
21. ALTERNATIVE DISPUTE RESOLUTION
In this regard, if the transaction has been concluded through our website, we inform you - in accordance with EU Regulation no. 524/2013 - that you have the right to try to resolve any dispute out of court by accessing the electronic online dispute resolution platform at https://ec.europa.eu/consumers/odr/.
You can consult the updated list of Alternative Dispute Resolution bodies available under Article 17 of Law 144/2015 of September 8 on the Consumer Portal at www.consumidor.pt.