POLICIES AND CONDITIONS

PREAMBLE

In accordance with Decree-Law No. 24/2014, of the 14 February, the present document sets out the conditions to be observed in the use of the lameirinhostore.com, website, as well as in the process of buying products placed at the disposal of its users.

In fact, we ask that you carefully read the terms and privacy policy before using the site, since by using this site or when making an order, the customer is allowing its binding to the above conditions.

So, and if the user does not agree with all the terms and the privacy policy, he shall not use the web site, Lameirinho.pt.

These conditions may be subject to future changes. Therefore, it is your responsibility to perform their regular reading, since it will apply the conditions prevailing at the time of use of the website or the conclusion of the contract (as defined below).

 

These conditions are agreed between the company Lameirinho- Indústria têxtil SA, with headquarters in rua do Burgo, no. 651, 4835-309 Guimarães -Portugal, capital of 35,000,000 euros, registered in the CRC Guimarães, with Vat number PT500151539, and any user who wishes to make a purchase through the website, lameirinhostore.com.

 

ARTICLE 1 : ORDER

1.     The user can make his order on the website lameirinhostore.com.

2.     To carry out the order, the user must fill all the required fields and must provide their personal data, always keeping in mind our privacy policy as to ensure its processing.

3.     When making his order, the user expresses its full and complete acceptance of the general sales conditions, prices and description of products included in this transaction.

4.     All orders are subject to acceptance of Lameirinho- Indústria têxtil SA, from which the user will be informed by e-mail.

 

ARTICLE 2 : PRODUCT AVAILABILITY

1.     All orders for products are subject to availability.

2.     The lack of products ordered in stock or any other cause of impossibility to supply their products ordered, will be informed by Lameirinho- Indústria têxtil SA.

3.     In the case referred to in the preceding paragraph a, Lameirinho- Indústria têxtil SA will refund the user to the amounts that may have eventually been paid, in accordance with the provisions laid down in art. 19 of the above cited Decree.   

4.     Lameirinho- Indústria têxtil SA reserves the right to remove any product from its page lameirinhostore.com, at any time and to delete from this page or modify any material or contents

5.     Lameirinho- Indústria têxtil SA shall not be liable to the user or third party, for any product in the removed page www.shop.lameirinho.pt, www.lameirinhostore.com, as well as by the lack of availability of the product in accordance with the number 1 and 3 of this clause

 

ARTICLE 3 : INABILITY TO COMPLETE A DELIVERY

Lameirinho- Indústria têxtil SA assumes no responsibility for the refusal of order completion derived from exceptional circumstances, even after confirmation of that order, with only the obligation to communicate to the user / customer the impossibility of completing the order and the return of payments already made.

 

ARTICLE 4 : DELIVERY

1.     Without prejudice to the stipulations of article 2 concerning the availability of the products, the order will be sent within 10 working days after payment confirmation.

2.     Compliance with the time limit referred to in the preceding paragraph may be freely changed by Lameirinho- Indústria têxtil SA, in particular in the event of exceptional circumstances, unforeseen circumstances, and depending on the area to effect delivery.

3.     Lameirinho- Indústria têxtil SA shall only send the order after settlement of the price of all the products ordered, as well as the respective shipping costs.

 

ARTICLE 5 : DELIVERY COSTS 
1.       Delivery of orders, at the shops from Lameirinho- Indústria têxtil SA is performed without any associated cost. 

2.       The user/client shall bear the cost of deliveries of orders at their home address depending on the amount of the product (s) ordered and according to the following zones: 

a)      delivery in continental Portugal of products of an amount equal to or less than € 149.00 (one hundred and forty-nine euro)-additional charge of € 4.99 (four euros and ninety-nine cents); 

b)      delivery in continental Portugal of products of more than € 149.00 (one hundred and forty-nine euros)-without additional cost; 

c)      delivery to the Azores or Madeira, regardless of the price of products-additional charge of € 10.99 (ten euros and ninety-nine cents); 

d)      delivery in Irland, Italy, Luxembourg, Netherland, United Kingdom, Germany, Austria, Belgium, Denmark, continental Spain, continental France of products of an amount equal to or less than € 300.00 (three hundred euros)-additional charge of € 10.90 (ten euros and ninety cents); 

e)      delivery in Irland, Italy, Luxembourg, Netherland, United Kingdom, Germany, Austria, Belgium, Denmark, continental Spain, continental France of products of amount exceeding € 300.00 (three hundred euros)-at no extra cost. 

3.       The costs identified in number 2 of this clause may be changed by Lameirinho- Indústria têxtil SA.

 

ARTICLE 6 : UNABLE TO DELIVER

1.     Deliveries are made Monday to Friday, and the user/client should indicate the address for the reception of the order.

2.     In case of impossibility of the user to be on the site for delivery of the order, an alternative address or contact must be indicated to Lameirinho- Indústria têxtil SA.

3.     If after two attempts we are unable to deliver the order, the contract shall be terminated without refund of amounts paid and shipping costs.

 

ARTICLE 7 : PRICE AND PAYMENT

1. In accordance with the standards and regulations in force, prices established in the webpage of Lameirinho- Indústria têxtil SA, shall be considered in euros, with taxes included.

2. Prices shall take account of VAT applicable at the date of invoice.

3. In accordance with the provisions of chapter I, title V, of the Directive 2006/112/EC of 28 November 2006 on the common system of VAT, the place of supply is deemed to be the Member State in which it has the address where the products shall be delivered and the VAT rate applicable shall be that of the Member State of the place of supply, according to the orders made.

According to the standards and regulations applicable in each jurisdiction, the reverse charge system (article 194 of Directive 2006/112/EC) applies to products supplied in some Member States of the European Union, should the consumer be or should be a subject VAT liability. In this case, do not wrap the VAT, subject to confirmation by the recipient of products that the VAT due will be paid by the client, in accordance with the reverse charge system

4. Prices and specifications are subject to change without notice.

5. Lameirinho- Indústria têxtil SA declines all responsibility for errors eventually published on the web page.

6. During the process of treating your order, any pricing error that eventually can be presented on the site, due to technical anomalies will be detected.

7. The user / customer will be contacted to accept or cancel the order, in the case of the actual price of the product ordered being superior to the one mentioned on page.

8. If actual price of the product ordered is less than that specified on the site at the date of order, a refund of the difference between duty-paid price and actual price will be made.

9. The user can use the following payments modes:

a) Credit card (VISA and MASTERCARD);

b) Bank Transfer: Lameirinho- Indústria têxtil SA NIB 00 10 0000 0281420000164 e IBAN PT50 00 10 0000281420000164;

c) PayPal.

d) Multibanco

10. For a payment by credit card (paragraph a) references of credit card will be encrypted to reduce the possibility of unauthorized access or disclosure. Payment authorization must be given at the time when the order is placed. In the event of refusal on the part of your bank, the order will be automatically cancelled.

11. If you choice a payment Paypal, the price and shipping costs will be only be charged at the end of completing the order.

 

ARTICLE 8 : TRANSFER OF RISKS

1.     The risks of the products will be charged to the client user from the moment of its delivery.

 

ARTICLE 9 : RIGHT OF WITHDRAWAL OF PURCHASE AND REFUND

1.     According to applicable regulations in articles 10th to 17th of Decree-Law No. 24/2014 of the 14th February, the client/user will be able to exercise his right of withdrawal from the contract, without indication of reason, within 14 days from the date of delivery of the order, only ordered items will be refunded.

2.     Shipping and return costs are responsibility of the customer.

3.     The client may exercise his right of withdrawal in any form permitted by law. This right will be recognized by sending advance information of withdrawal.

4.     This provision shall not affect the other rights of the consumer recognized by the legislation in force.

5.     The return costs are the sole responsibility of the user/buyer, in the case returns against-refunding, Lameirinho- Indústria têxtil SA reserves the right to refuse the return or to invoice all costs related to this return.

6.     The right of withdrawal from the Contract by the user/client in accordance with the provisions of paragraph 1 of this article shall apply only to products which may be returned under the same conditions in which the user/client received them, in particular in its original packaging and with all documents.

7.      Upon receipt, articles will be examined by Lameirinho- Indústria têxtil SA and will check whether all conditions have been respected.

8.     No refund will be made if the product has been used beyond the simple opening of the respective package or if it has suffered any kind of damage.

9.     The return should be processed as soon as possible.

10. Responsibility for damage suffered by products as well as their loss during the return, are the sole responsibility of the user/client.

11. Return address:

LAMEIRINHO Indústria Têxtil SA
APMONESAL_ONLINE

Rua do Burgo nº 651

4835-309 Guimarães

Portugal

 ARTICLE 10 : RETURN OF DEFECTIVE PRODUCTS

1. When the user/client considers that the product is not in conformity with the contract at the time of delivery, he should contact immediately the company Lameirinho- Indústria têxtil SA.

2. Lameirinho - Indústria Têxtil S.A will proceed at the return.

3. The product collected in accordance with this clause will be examined carefully by Lameirinho- Indústria têxtil SA, which in case of default, will proceed to the replacement within a reasonable time.

4. The replacement of the product returned in accordance with this clause will be subject to its availability

5. In the case of unavailability, the amount paid for this article, considered defective by Lameirinho- Indústria têxtil SA will be refunded in its entirety as well as the shipping costs if it has occurred.

6. This clause does not affect your statutory rights.

ARTICLE 11: EXCHANGES

           The products purchased through the site lameirinhostore.com, cannot be exchanged.

 

ARTICLE 12:  EVENTS OUTSIDE OUR CONTROL

LAMEIRINHO will not be liable or responsible for any failure to perform, or delay in performance of, any of our

obligations under the Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (with out imitation) the following:

• Strikes, lock-outs or other industrial action.

• Civil commotion, riot, invasion, terrorist attack o r 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.

Our performance under any contract is deemed to be suspended for the period that any event out side our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.

ARTICLE 13 : LIABILITY

1.  For all stages of access to the site lameirinhostore.com, as well as the process of ordering, delivery and services, the company Lameirinho- Indústria têxtil SA has only an obligation of means.

 

2.  A Lameirinho- Indústria têxtil SA does not guarantee or shall be deemed responsible for any inconvenience or damage inherent to the use of the internet network, the disruption of service, outside intrusion or the presence of computer viruses, or any other case of force majeure.

3.  Items sold are described and presented on the site www.lameirinho.pt with as much detail as possible.

4.  If, despite all the precautions, errors occur on the site lameirinhostore.com, Lameirinho- Indústria têxtil SA shall not be liable for these facts.

5.  The provisions of this clause will not affect customer's statutory rights to withdraw from the contract.

ARTICLE 14 : MINOR

Lameirinho- Indústria Têxtil SA does not sell products to minors.

ARTICLE 15: PROCESSING OF PERSONAL DATA AND NEWSLETTER

In compliance with Portuguese law on the protection of personal data, the information or data provided by the user will be treated in accordance with the provisions of this privacy policy.

ARTICLE 16 : VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

A Lameirinho- Indústria têxtil SA declines all responsibility for any damage or loss resulting from an attack by refusal of service, virus or any other program, technologically harmful or harmful material that may affect the user/client computer, hardware, email or data due to the use of the lameirinhostore.com site, or download of content for which he is redirected.

 

ARTICLE 17 : INTELLECTUAL PROPERTY

1. All elements of the site lameirinhostore.com, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.

2. The user having a personal internet site and wishing to place, for personal use, on his/her site a simple direct link to the homepage of the site www.lameirinho.pt, must request authorization to Lameirinho- Indústria têxtil SA.

3. The above mentioned permission is valid only if it was made by mail.

4. Any link or Hypertext directed to www.lameirinho.pt website, using the technique of framing or inline linking is formally forbidden.

5. In all cases, the use of any link, including those listed in paragraphs 3 and 4 of the present clause, even tacitly authorized, must be removed with a simple request from Lameirinho- Indústria têxtil SA.

 

ARTICLE 18 : PRIVACY AND PERSONAL DATA PROTECTION POLICY

To the user is guaranteed the right of access, rectification, modification or elimination of its personal data, just send an email to the attention of privacidade@lameirinho.pt.

According to our Privacy policy, the client authorizes expressly Lameirinho to send information about its products and services that may be of interest using personal data direct marketing through any channel of communication, particularly through electronic mail, SMS, MMS, or any other form of automatic communication. Lameirinho will not sale or share its customer database with third parties.

ARTICLE 19 : ENTIRE AGREEMENT

1. The present general conditions of sales constitutes the entire agreement between the parties.

2. If one of the clauses of these conditions becomes null and void, by virtue of a legislative amendment, or normative by sentence, the same shall be deemed unwritten.

ARTICLE 20: RIGHT TO UNILATERAL CHANGE OF CONDITIONS

1. These conditions may be subject to change at any time.

2. The user/client is subject to the policies and conditions in effect at the time of the use of the site lameirinhostore.com, or upon confirmation of his order, except when by law or decisions of government agencies, changes are made with a retroactive character to these policies, terms or privacy terms.

3.     In the case referred to in the preceding paragraph, the amendments also will affect orders that the user/client has formalised under the conditions subjected to change.

 

ARTICLE 21 : DURATION

1. The present conditions shall apply during the duration of the services offered by the company Lameirinho- Indústria têxtil SA.

2.  All exclusive articles on the website are available within the limit of stocks.

 

ARTICLE 22 : RAL – DISPUTE RESOLUTION

In accordance with the law nº144/2015 of 8th September, we inform all consumers residents in Portugal in case of dispute due to our provision of goods and services they will have access to an alternative of consumer disputes, below listed entity:

• Centro de Arbitragem de Conflitos de Consumo do Vale do Ave / Tribunal Arbitral
  E-mail: triave@gmail.com
  Tel: 253 422 410

• Centro de Informação de Consumo e Arbitragem do Porto
  E-mail: cicap@mail.telepac.pt
  Tel: 225 508 349 /225 029 791

• Centro de Arbitragem de Conflitos de Consumo de Lisboa
  E-mail: juridico@centroarbitragemlisboa.pt / director@centroarbitragemlisboa.pt
  Tel: 218 807 030

• Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
  E-mail: cniacc@unl.pt
  Tel: 213 847 484

• Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
  E-mail: apoio@consumidoronline.pt
  Tel: 289 823 135

• Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
  E-mail: geral@centroarbitragemdecoimbra.com
  Tel : 239 821 609 /289

• Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de consumo)
  * Braga
  E-mail: geral@ciab.pt
  Tel: 253 617 604
  * Viana do Castelo
  E-mail: ciab.viana@cm-viana-castelo.pt
  Tel: 258 809 335

• Centro de Arbitragem de Conflitos de Consumo da Madeira
  E-mail: centroarbitragem.sras@gov-madeira.pt
  Tel : 291 750 330

For more information : www.consumidor.pt

ARTICLE 23: LAW AND JURISDICTION

1.  Portuguese law is applicable to the submitted sales conditions.

2. If our customer is out of continental Portugal, please note that any judicial procedure must be submitted to the Portuguese courts

3. For the resolution of any controversy there is the possibility of resorting to an entity of arbitration.

4. In accordance with the provisions of regulation I don't. 524/2013, the European Union has created a web site to help consumers to lodge complaints on any conflict in which they are involved. In this context, LAMEIRINHO offers all the information so that he can exercise his right of claim with a formal and impartial entity to the process, which will help to solve the dispute in question. So if the consumer was not satisfied with the acquisition of a good or service on our web site, or with the solution, we presented to resolve the situation, he can access the oficial site https: webgate.ec.europa.eu/odr. and expose his disagreement.