Terms & Condition of  Sale

 

Please read these Terms and Conditions of Sale carefully before pressing the [“Complete Order”] button.

These Terms and Conditions of Sale (“T&C”) set out the general conditions of sale applicable to the contract concluded between TEX MB, with registered office at Rua Almeida e Sousa, 44 2A, 1350-014 Lisbon, VAT No 243856733 (hereinafter “TEX MB”) and you when you purchase products on the TEX MB Online Shop (“User”) or order by e-mail. Validation of your purchase order implies acceptance of these T&C, which the User declares to have read and expressly accepted. By accepting these T&C, the User also declares that he/she is over 18 years of age.

 

Regardless of any formal acceptance, by using the Online Store, the User accepts and agrees to the T&C defined here, to which he agrees to be bound.

 

The terms of processing available here apply to the processing of personal data by TEX MB.

 

TEX MB reserves the right, at any time, without prior notice and with immediate effect, to change, add, update or delete, partially or totally, these T&C and the User must therefore consult them periodically and before validating his/her order.

 

  1. AcceptanceThe present T&C, in their updated and current version, establish the rules applicable to the TEX MB Online Store (“Store”) available here, as well as to the purchase, payment, shipping and return of TEX MB products.
  • When using the Store, the User must
    • Access the Store;
    • Read and accept the present T&C;
    • Read and accept the Privacy Policy;
    • Read and accept the Terms of Use of the TEX MB Website.
    • The present T&C apply to all Users, regardless of their nationality or place of residence.
    • The Store is available to all Users of legal age. By validating your purchase order, you declare that you are over 18 years old.

 

  1. Products
  • The essential characteristics of the products are accessible at the time of order and can be consulted in the Shop.
  • The products available in the Store are described and presented according to their original characteristics. However, the User understands and accepts that TEX MB is a brand of craftsmanship for Decoration, so it is difficult to produce two equal pieces. The use of materials of natural origin such as those illustrated on the Site can easily result in a piece that differs from the one shown in size, color, thickness, weight and texture. Therefore, TEX MB cannot take responsibility or accept an exchange when the reason given by the customer is “the product does not match the reality” or a message with similar content.
  • However, despite the best efforts of TEX MB, the photographs shown may not correspond exactly to the product described (because they are conditioned by the equipment on which they are viewed), and the reproduction of the products is as close as possible to reality.
  • In case of an order of a made-to-measure macramé, the process should be initiated by e-mail or by the customer filling out the corresponding form.
  • Details will be agreed upon in writing, case by case. A quotation will be sent, which the customer may accept or refuse. Upon acceptance, the customer undertakes to pay 50% of the total amount at the time of award. The making of the piece will be accompanied and validated by the customer through photographs sent by e-mail. The remaining amount will be paid on the day immediately before the agreed upon delivery date of the piece. In case of desistance, the value of the award will not be returned. There will be no exchange or return of the made-to-measure macramés.
  • Product descriptions do not constitute any guarantee of conformity or express suitability of a product for a particular purpose.
  • TEX MB does not guarantee that the quality of any products, services, information, or other material purchased or obtained through the Store will meet the User’s expectations.
  • TEX MB reserves the right, but is not obligated, to limit product sales to any person, geographic region or jurisdiction and may exercise this right on a case by case basis.
  • TEX MB reserves the right, at any time and without prior notice, to limit the quantity or discontinue the products made available, as well as to change the description and offer of products or other information in the Store catalog, including the products, prices, promotions and commercial conditions.
  • Purchases made by the User are subject to the T&C in force on the date the order is placed.

 

  1. Ordering
  • To place an order in the Store, the User must:
    • Insert the product(s) to be purchased in the virtual shopping cart; and
    • Complete the information and choose the options available during the checkout process, namely, indicate name, e-mail address (when not registered as a customer or when different from the information in the registration), delivery and billing address, type of shipping, payment method, as well as the VAT number and the name that, for tax purposes, you want on the invoice.
  • The User is responsible for the accuracy of the data provided to TEX MB and agrees to immediately update his/her personal information when applicable. In particular, the information on the invoice is the sole responsibility of the User. Once issued, the invoice cannot be reissued with changes.
  • The essential characteristics of the products and their respective prices are available in the Store and will be informed to the User during the purchase process.
  • The availability of products is subject to stock. TEX MB will try to keep the information on product availability updated in the Store, however, it cannot guarantee the accuracy of the information provided. TEX MB will contact you in case of unavailability of the purchased product(s).
  • All information provided is treated as described in the Privacy Policy. By submitting the requested information, the User declares to have read, understood and accepted the Privacy Policy.

 

  1. Conditions applicable to the order
    • Orders are valid for 48 hours, unless the order is registered under a promotional campaign that sets a different deadline, and it is not possible to guarantee prices, discounts, promotions and offers beyond this period. If payment is not received within this period, the order cannot be validated. Any amount received after this date will be returned through the same means of payment used by the User in the initial transaction or by bank transfer, if the means of payment used does not allow it.
    • The placing of orders and consequent acquisition of products through the Store will only be concluded if the place of delivery is within Europe (unless any exception is expressly provided for in these T&C).
    • For sales to other destinations, the User can contact TEX MB directly through the contacts available on the website or by email to [email protected].

 

  1. Shipping and Delivery
    • After providing the necessary information, the User can proceed to the shipping details. 
    • The User can choose the shipping method according to the alternatives provided. 
    • When choosing the shipping method the User should consider the price shown for that service as the final price will include that cost. 
    • The delivery time depends on the shipping method chosen and the delivery address (please check here for applicable time periods). 
    • Once your order has been processed and sent, you will receive a confirmation email to the email address provided which will contain a delivery code so that you can track your order throughout its shipment. 
    • If it is not possible to deliver the order for reasons not attributable to TEX MB, TEX MB will make all reasonable efforts to deliver, but reserves the right to charge the User for any additional costs.

 

  1. Payment
    • After selecting the chosen shipping method, the User must choose the payment method.
    • The User may choose one of the following payment methods:
      • Credit/Debit Card (“Payment Card”): the User shall enter the Payment Card details, following the usual procedure; 
      • MB WAY: the User must make the payment via the MB WAY service within [-] hours and consult the policies applicable to payment by this method, available at www.mbway.pt. 
      • PayPal: the User will be redirected to the PayPal page, where they should enter their PayPal account details following the usual procedure; 
      • Bank deposit (via IBAN): TEX MB will send the IBAN of the destination account to the User. The payment must be made within 24 hours. After making the bank transfer, the User must send proof of payment to [email protected]. 
    • The User is free to choose the method of payment. However, TEX MB will not be liable for any additional fees or charges levied as a result of the payment method selected. 
    • TEX MB will not be liable for any customs duties, taxes or other charges levied by any government, national authority or equivalent, which may apply to the User’s order and are necessary for its receipt. 
    • After receipt of payment, and within a maximum period of 24 (twenty-four) hours, the User will receive an email confirming the order. The email will be sent to the email address indicated by the User at the time of registration on the website or indicated when placing the order. 
    • The invoice will be made available to the User together with the order, via email, to the email address provided by the User.

 

  1. Right of free resolution and guarantee
    • If the User is not satisfied with a particular product, the User has the right to terminate the contract without giving any reason within a period of 14 (fourteen) days from the day the User or a third party (with the exception of the carrier) receives the order. 
    • The User can exercise the right of free resolution by communicating to the email [email protected], where the order number and products to be returned are indicated. For this purpose, the User may also use the model resolution form established in Decree-Law no. 24/2014, of February 14, available here. This form, once completed, should be sent to the email address indicated here. 
    • The product(s) must be delivered in the same condition in which it was sold, with the original labels and packaging, without external damage or signs of use, in perfect condition and properly packaged. 
    • The User is responsible for ensuring that the products are not damaged or lost during the return process to TEX MB. If the order is lost in the process, there will be no refund (to reduce the risk, we recommend sending by registered mail). 
    • The User shall bear the full cost of returning the products, including any customs duties, taxes or other levies imposed by any government, national authority or equivalent that may be applicable. However, TEX MB will bear the shipping costs in case of error in the shipping of the order (wrong or damaged product). 
    • Once the returned order has been received, checked and approved, TEX MB undertakes to refund the User within a maximum period of 14 (fourteen) days from the date on which it was informed of the decision to cancel, using the same means of payment. 
    • For the products purchased by the User under these T&C, being considered consumer goods, the rules established by Decree Law 67/2003, of April 8 (“Consumer Goods Sales and guarantees”) shall apply, with the necessary adaptations.
  1. Exchanges
    • The User can exchange the products purchased for others of equal or greater value by sending an email to [email protected], within 14 (fourteen) days after receiving the order. 
    • For this purpose, the User must indicate the order number and the products to be exchanged, as well as submit the invoice of purchase of the product. TEX MB will process your request within 48 hours. 
    • The products to be exchanged must be sent to TEX MB, and the costs of returning the products will be borne entirely by the User, including any customs duties, fees or other taxes levied by any government, national authority or equivalent, which may be applicable. TEX MB will bear the shipping costs in case of error in the shipping of the order (wrong or damaged product). 
    • The product(s) must be delivered in the same condition in which it was sold, with original labels and packaging, without external damage or signs of use, in perfect condition and properly packed. TEX MB reserves the right to refuse an exchange if the products appear to have been used, altered, washed or damaged. 
    • The User is responsible for ensuring that the products are not damaged or lost during the return process to TEX MB. If the order is lost in the process, there will be no refund (to reduce the risk, we recommend sending by registered mail). 
    • If the product selected for exchange is available when the returned products are received by TEX MB, the exchange will be processed within 1 (one) week. The User will receive an email with shipping confirmation and a new shipping code as soon as the order is shipped. 
    • If the product selected for exchange is not available when the returned products are received by TEX MB, the exchange will be processed as soon as the item is available. The processing time of the exchange, in this case, may vary, however, the User will be kept informed. As soon as the product selected for exchange is available, the User will receive confirmation by email with a new shipping code.

 

  1. Complaints
    • TEX MB tries to ensure that products are in perfect condition when we send them. However, if you receive a damaged/defective product, please contact TEX MB at [email protected] as soon as possible, indicating the defect and attaching photographic evidence. TEX MB will contact the User to inform him/her of the next steps of the complaint process. 
    • The User can also make a complaint through the Electronic Complaints Book available here.

 

  1. Declarations and guarantees
    • Without prejudice to the other obligations and guarantees provided for in the present T&C, the User declares and guarantees that
      • He/she is duly authorized to accept the present T&C and to fulfill all obligations herein, namely that he/she has the legal capacity to purchase the products marketed by TEX MB; 
      • These T&C constitute a legal, valid and binding obligation, enforceable in accordance with the provisions of this document and other applicable legal provisions.

 

  1. Final Considerations
    • In the event that any clause of these T&C is declared null or in any way invalid, ineffective or unenforceable by a competent authority, this will not affect the validity of the remaining provisions of the contract and the Parties agree to replace, in good faith, the said clause by another one which, as far as possible, produces similar effects. 
    • The invalidity, in whole or in part, or the impossibility of compliance with any provision of these T&C shall not affect the validity and the obligation to comply with the remaining provisions, unless the interested party demonstrates that the objective pursued by both parties allows presuming that the parties would not have concluded the contract under these conditions. 
    • Any matters relating to the operation of the Store which are not expressly governed by these T&C will be assessed and decided by TEX MB, within the broadest margin of discretion allowed by law. For any clarification in this respect you can contact TEX MB by email at [email protected]. 
    • In case of conflict between these T&C and any other provision of the Terms of Use of the TEX MB Website, Privacy Policy or Cookies Policy, the terms of the Privacy Policy shall prevail with regard to the treatment of personal data and these T&C with regard to the conditions of sale.
  1. Applicable law, jurisdiction and alternative dispute resolution
    • Portuguese law shall apply to all matters governed by these T&C. In case of dispute in the interpretation or application of these T&C, the competent court is the district court of Lisbon, with express renunciation of any other. 
    • Alternatively, the User may present a complaint to the Consumer Conflict Arbitration Centre of his/her domicile. You can consult the list of entities for Alternative Resolution of Consumer Disputes here and check which part of the national territory they cover using this form. 
    • In the event of an online consumer dispute, the User may also resort to an online dispute resolution (ODR) system, the ODR (online dispute resolution) platform, with competence for the resolution of disputes relating to contracts concluded at a distance, available here.

 

Estes T&C foram atualizados a Janeiro 2022.