Terms and Conditions of Sale
Please read all the terms and conditions of sale
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing you are not happy with, If you are not sure of anything please call us on 00351 912 711 944.
- These Terms and Conditions will apply to the purchase of goods advertised on our website or other forms of sale via our shop by you (the customer or you) We are Souvenir da Luz of 17 Rua Dirieta, Praia da Luz, Algarve, Portugal. With email address email@example.com telephone number 00351 912 711 944 (the supplier or us or we)
- These are the terms on which we sell Goods to you. By ordering any of the goods, you agree to be bound by these term and conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, trade or profession;
- Contract means the legal binding agreement between you and us for the sale and purchase of goods;
- Delivery location mean’s the suppliers or other location where the goods are supplied, as set out in the order;
- Goods mean any goods that we supply to you, of the number and the description as set out in the order;
- Order means the Customer’s order for the goods from the supplier as set out in the Customer’s order or in the customer’s written acceptance of the suppliers quotation.
- The description of goods is as set out in our website, catalogues, brochures or any form of advertisement.
- In the case of goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
Basis of Sale
- The description of the goods in our website catalogues, brochures or any form of advertisement does not constitute a contractual offer to sell the goods.
- When an order has been made, we can reject it for any reason, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine and fair reason.
- A contract will be formed for goods ordered, only upon the supplier sending an email to the customer saying the order has been accepted or if earlier, the suppliers delivery of the goods to the Customer.
- Any quotation is valid for a maximum period of 15 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of goods, priceor otherwise, can be made after it has been entered into, unless the variation has been agreed by the customer and the Supplier in writing.
- We intend that these Terms and Conditions only to a contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the contract at any of the suppliers business premises, and where the contract is not a contract (i) for which a offer was made by the customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and Individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises.If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Price and Payment
- The price of the Goods any additional delivery or other charges for each type of the goods, and the total price of them and the charges, is set out in our price list or website, current at the date of order, or such other prices as we may agree in writing.
- Prices and charges Include VAT at the rate applicable at the time of Order, so that, if the rate of VAT increases before acceptance of the Order, we will only increase the price or charge by the amount of that increase if you agree, otherwise we must reject the order and promptly inform you of this.
- You must pay by cash or submit your Paypal details or Credit/Debit card details with your Order and we can take payment immediately or otherwise before the goods are delivered.
- In any case, regardless of events beyond our control, if we do not deliver the goods on time, you can (in addition to any other remedies) treat the contact at an end if:
- We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the contract is entered into.
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or if you told us before the contract was made that delivery on time was essential or;
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered in that period.
- If you treat the contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract.
- If you were entitled to treat the contract, but not do so, you are prevented from canceling the order for any goods or rejecting goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the contract for any such cancelled or rejected Goods.
- If any goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- If you or the nominee fail, through no fault of ours, to take delivery of the Goods at the delivery location, we may charge the reasonable cost of storing and redelivering them.
- The goods will become your responsibility from the completion of delivery or collection. You must, if reasonably practicable, examine the goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, will pass to you when the goods are delivered to you.
- You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end right to use the Goods owned by you, in which case you must return them or allow us to collect them.
Conformity and Guarantee
- Upon Delivery, the goods will:
- We have a legal duty to supply the Goods in conformity with the contract, and will not have conformed if it does not meet the following obligation.
- be of satisfactory quality
- be reasonably fit for any particular purpose for which you buy the goods which, before the contract is made, you made known to us,expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as it is reasonably practicable; and
- the party’s obligations will be extended so far as it is reasonable, provided that that party will act reasonably, and the will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s rights relating to delivery.
- The supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by the negligence or breach of the supplier’s other legal obligations. Subject to this, the supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (eg profit and loss) to the Customer’s business trade, craft or profession which would not be suffered by a consumer because the supplier believes the customer is not buying the goods wholly or mainly for its business, trade, class or profession.
Jurisdiction and Complaints
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond within 5 working days.
Withdrawal and Cancellation
- You can withdraw the Order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- You can cancel the contract except for any goods which are made to your special requirements by telling us no later than 1 day after the contract was made, if you simple wish to change your mind without giving us a reason, and without liability, except in that case, you must return to our business premises the Goods in undamaged condition at your expense. Then we will without delay refund to you the price for those Goods, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not.
You can return a product for up to 15 days from the date you purchased it.
Any product you return must be in the same condition you received it and in the original packaging. Please keep the receipt.
Return postage will be paid by you.
Certain Products for health and hygiene reasons will not be accepted these items are Earrings.