TERMS AND CONDITIONS FOR ONLINE PURCHASES

1. INTRODUCTION
This document sets out the conditions guiding the use of this website (www.silvinacampos.pt) and the purchase of products on it (hereinafter ‘Conditions’).
Before using this website, please read these conditions carefully, as well as our cookie and privacy policies, as browsing this website or placing an online order presumes awareness and acceptance by the customer.
It should be noted that these terms and conditions may be amended, and there is no obligation for ‘Silvina Campos’ to give prior notice. Users of the platform are obliged to read them periodically if they wish, applying the conditions in force at the time of use of the website. Any questions about the conditions or privacy policies must be sent to dpo@silvinacampos.pt.

2. WHO WE ARE
This website is operated by the brand ‘Silvina Campos’, owned by the commercial company with the business name ‘Silvina Campos, Unipessoal, Lda.’, with headquarters at Rua de Bouçó, n.º 276, 4480 - 434 Rio Mau, Vila do Conde, registered at the Vila do Conde Commercial Registry Office under the legal person identification number 515 638 692, with a share capital of EUR 50,000.00 (fifty thousand euros), and the email address geral@silvinacampos.pt.

3. USE OF OUR WEBSITE
By using our website and/or placing orders through it, the customer is obliged to:
i. i. Be over 18 (eighteen) years old, acting in their own name and on their own account;
ii. ii. Place legally valid orders, restraining themselves from fraudulently purchasing products commercialised by ‘Silvina Campos’, which in case of failing, may take the brand to cancel the purchase and inform the competent authorities;
iii. iii. Provide us with the true, complete and necessary data to complete the online order, namely personal identification data, email address and postal address, thereby consenting to the use by ‘Silvina Campos’ of the information shared when it is necessary to contact the consumer [in this regard, express reference is made to the content of our privacy policy]. Failure to provide this information will not allow the online order to be processed;
iv. iv. Communicate any changes to the personal data and information disclosed;
v. Not misuse our online platform.

4. AVAILABILITY OF PRODUCTS

4.1. The items presented on this website are only available for delivery in Portugal and Spain.
4.2. All orders will depend on stock availability. In this regard, the customer will be duly warned of the inability to supply the desired product(s), and will be reimbursed for any amount paid within 30 calendar days of the formal warning.

5. CONCLUSION OF THE CONTRACT

5.1. Once you have defined the product(s) you wish to order, you must select them and ‘AUTHORISE PAYMENT’, but only after having read and agreed to our terms and conditions of sale, privacy policy and cookies.
5.2. Once the payment has been accepted (and the payment method indicated, from among the options that will be presented to you), the purchase contract will be deemed to have been effectively concluded.
5.3. An ‘ORDER CONFIRMATION’ will be sent to the email address you have indicated, as well as a ‘SHIPPING NOTICE’ when the order is dispatched.
5.4. Shipping times may vary depending on whether the delivery address is in mainland Portugal or mainland Spain, and Portuguese islands or Spanish ones, and may be dispatched between 2 and 3 days after the order is placed. In any case, the product(s) will be delivered within a maximum of 30 days from the date of Purchase Confirmation. We only deliver on working days.
5.5. 5.5 In the event of the Customer's absence at the time of delivery, the carrier will endeavour to make the delivery on the next working day. If delivery is unsuccessful again, please contact us so that we can organise it for another day. Please note that in the event of non-delivery of the product(s) on the first two attempts, you may be charged the costs of storing the product(s) and further delivery attempts (additional transport, delivery and postal charges).
5.6. If you wish to return an item you have purchased, you should go to your private area and select the ‘Returns’ option. The parcel to be returned will be collected by or delivered at the post of the same carrier you selected at the time of purchase.
5.7. In order to proceed with an order, you can register on our website by creating an autonomous account [option ‘create account’], where you can register your personal details relevant to the order, as well as the preferred payment method for this purpose, thus avoiding having to enter them when you want to place a new order.
5.8. If you do not wish to proceed with the above, you can make your purchase as a ‘Guest’, i.e. without having to register in the website. In this situation, you will only need to provide the data required to finalise your order.
5.9. As soon as you complete your order, you will receive an electronic receipt with your order details, which you should keep in case you wish to make an exchange or return, under the terms described below.
5.10. The order check-out page must contain a summary of the essential features of the product, the total price, including taxes and shipping costs, the general terms and conditions of sale (which the customer must accept) and, finally, the possibility of making payment in accordance with 5.1.
5.11. The ORDER CONFIRMATION and the SHIPPING NOTICE are deemed to have been received as soon as the recipients are able to access them.
5.12. Exceptionally, apart from the circumstances set out in the previous paragraphs, it is also possible to place orders via the social networks ‘Facebook’ and ‘Whatsapp’, in which case the customer will be immediately and automatically asked for their explicit, free and informed consent for the processing of personal data essential to the purchase. For more information, please visit our privacy policy.
Refering to the previous paragraph, the only method of payment allowed is via ATM reference.

6. DELIVERY

6.1. When the purchase contract is signed, and depending on the immediate (un)availability of the product(s), ‘Silvina Campos’ will provide you with an estimated delivery date for the product(s).
6.2. If no delivery date is specified, delivery must take place within a maximum of 30 (thirty) days of confirmation of order.
6.3. The rules set out in the previous paragraphs do not cover possible delays in the dispatch or delivery of the product(s), which may occur if you request customisation of the item(s) or wish to purchase an exclusive product(s).
6.4. Apart from the exceptional circumstances set out in the previous paragraph, any delays that are not caused by ‘Silvina Campos’ shall not give rise to any claim from the customer (in particular, cases of force majeure or impediments found in the delivery area itself).
6.5. In any event, if it is not possible to meet the delivery date - for reasons for which we are not responsible - we will inform you of this circumstance, giving you the option of continuing with your purchase, setting a new delivery date, or cancelling the order with a full refund of the amount paid, without prejudice to any other rights you may have under the terms of the applicable legislation.
6.6. The delivery of the product shall take place when the Customer - or a third party appointed by the Customer (other than the carrier) - acquires physical possession of the product. Delivery shall be evidenced, in particular, by the signature of the delivery receipt at the delivery address indicated by the Customer.

7. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS

7.1. The risk of the product(s) shall be assumed by the customer upon delivery.
7.2. Ownership of the product(s) transfers once the product(s) have been paid for [see paragraph 6.6].

8. PRICE AND PAYMENT

8.1. The price of each product will be the one stipulated at any given time on our website, always quoted in EURO currency.
8.2. The prices indicated on the page already cover VAT at the applicable legal rate, but not the amount of postage to be charged for the dispatch of the order, which will only be displayed in the final amount of the purchase, before the ‘PAYMENT AUTHORISATION’.
8.3. If, due to a manifest error on the part of the website operator, the price indicated for the product selected is not the correct one, the customer must be informed. If the customer has already placed the order, the company must refund the difference between the amount actually paid and the amount corresponding to the product purchased, if applicable.
8.4. On the other hand, we shall not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error is unequivocal and could reasonably have been recognised by the customer.
8.5. The prices displayed may be modified at any time, but the modifications will not be applied to orders already placed by the customer.
8.6. Payment can be made using ‘Visa’ and ‘Mastercard’ debit/credit cards, via a ‘PayPal’ account, ‘Mbway’, ATM reference and via the Klarna platform, with the exception of that provided for in paragraph 5.10.
8.7. 8.7 In order to prevent any risk of unauthorised access, we will request pre-authorisation of the card used for payment, guaranteeing that it will be possible to complete the transaction. In turn, if the payment method selected is Paypal, the debit will be made when we confirm the order.
8.8. By clicking on ‘’Complete Order‘’, the customer confirms that the card indicated for payment belongs to them.
8.9. Credit cards are subject to verification by the issuing entities, so if they do not authorise payment, we will not be held accountable for any delay or lack of delivery and we will not be able to conclude the Contract.
8.10. The invoice will be issued immediately after confirmation of stock.

9. EXCHANGE AND RETURNS POLICY

9.1. Returns

9.1.1. The Silvina Campos Brand, before dispatching the products ordered by its Customers, guarantees that they have undergone rigorous quality control and inspection of faulty garments.
9.1.2. We also ask the customer, after purchase, to handle the product in the same conditions as they would like to receive it.
9.1.3. Under the applicable legislation, the customer has the right to freely withdraw from the contract, which he may exercise within 14 (fourteen) days of its completion, without having to provide any reason for doing so.
9.1.4. To exercise this right, you must contact us at online@silvinacampos.pt expressing your free, informed and express wish to do so.
9.1.5. Revocation of the contract will result in the refund of the amount paid for the product(s) purchased as soon as we receive cancellation notice, as long as the deadline set out above (9.1.2) is respected. However, ‘Silvina Campos’ has the right to withhold the refund until the product(s) purchased and returned have been received or until the customer has provided a proof of dispatch.
9.1.6. The customer is also responsible for the contents and condition of the return packaging, and the brand may, in the event of an error or obvious damage to the product, charge the costs associated with the corresponding return to the customer.
9.1.7. It is the customer's responsibility to ensure that the ‘Silvina Campos’ brand receives the returned product(s) in due time.
9.1.8. The Customer must keep the product(s) in such a way as to be able to return them in the proper conditions of use, and is responsible for the depreciation of the product if it is not returned in the proper conditions of use. Therefore, it is not permitted to return any item that has been used, that shows any wear, that has been washed, that has been altered in its essential features or whose label has been removed. This aspect is validated by the brand upon arrival of the product, which then communicates its (non-)acceptance of the return.
9.1.9. As these items are made of delicate fabrics [and identified as such in their online description], the customer is advised to use them carefully and responsibly, avoiding objects or accessories that could pull on threads, knits or damage the fabrics, circumstances for which the Silvina Campos brand expressly declines any responsibility in advance.
9.1.10. With regard to the purchase of any products as a ‘guest’, the intention of return can be communicated through our available contact channels.
9.1.11. In circumstances where it is found, at the time of delivery, that the product(s) purchased do not fulfil the conditions set out in the contract, the customer must inform the brand of this fact within a maximum legal period of 2 (two) months, indicating the specific details of the product, as well as the defects detected. If the product purchased is found to be non-compliant, the customer has the right to return it in accordance with the procedure described above.
9.1.12. In accordance with the law, instead of terminating the contract and consequently returning the goods and the amount paid, the customer may opt for replacement of the product or an appropriate price reduction, either of which must take place within a maximum period of 30 (thirty) days.
9.1.13. The amount paid for products returned under these circumstances will be refunded in full (including the delivery costs incurred in sending the item and the costs of returning it).
Returns will be made using the same payment method as that used for the purchase.

9.2. Exchanges

9.2.1. Exchanges of product(s) for a different size of the same reference will only be accepted if the price has not changed, the item is in perfect condition and we have stock. The first exchange is free of charge; subsequent exchanges are at customer’s expense. Exchanges or returns will always be free of charge if the product(s) sent to you are faulty or not in conformity.
9.2.2. In the sense of the previous paragraph, the product is considered not to be in conformity if: (i) it does not comply with the description given in the Online Shop; (ii) it is not suitable for the uses normally given to goods of the same type; (iii) it does not offer the qualities and performance which are common to goods of the same type and which the Customer could reasonably expect, given the nature of the goods and the statements about their features made by Silvina Campos.
9.2.3. As stated in paragraph 9.1.8, the customer is responsible for the proper preservation of the product purchased and no exchange or return will be accepted for any item that has been visibly worn, that has been washed, that has been altered in its essential characteristics or whose label has been removed. Similarly, any damage caused by inappropriate use (e.g. tears, pulled threads) will not be exchanged. Customers are therefore requested after purchase to treat the product as they would like to receive it. The Silvina Campos brand will carefully prepare your parcel, hoping that you will enjoy it!
9.2.4. In the circumstances set out in the previous paragraph, the Silvina Campos brand expressly declines any responsibility, and this is not considered to be a situation of defect or non-conformity.
9.2.5. Once the defect has been reported and the product has been collected immediately, it will be analysed in the factory and the return will be formally (non-)accepted.
9.2.6. If you are registered on our website, you must access the private area by clicking on the ‘returns’ option and selecting the item purchased. If you made the purchase as a ‘guest’, you should contact us to facilitate the exchange.
9.2.7. Once you have requested the exchange and the method of return, you can deliver the original item via the distribution company used by the brand.
The item originally purchased must be returned without any delay, and not later than 14 days after the exchange request.

10. INTELLECTUAL PROPERTY
The customer recognises and consents that all copyright, trademark and other intellectual property rights in the materials or content provided on this website are the property of the commercial company ‘Silvina Campos, Unipessoal, Lda’. Both the customer and any other third party are prevented from unauthorised use of the content shared for commercial purposes or incorporation into another website.

11. HACKER ATTACKS ON THIS WEBSITE
The improper use of this website for entirely harmful or damaging purposes may imply the practice of one or more offences typified by the applicable legislation, which we will immediately report to the competent authorities.
We are therefore not responsible for any data or losses resulting from an attack on the computer server, viruses or any other harmful or damaging programme that may affect your computer or computer equipment as a result of using this website or downloading content from it or content to which it redirects.
In this regard, any links to which our website redirects its users are provided for information purposes, over which we have no control.

12. LIMITATION OF LIABILITY

12.1. In addition to the obligations set out in paragraph 9.2.4, the ‘Silvina Campos’ brand shall not be liable for any breach of the obligations set out herein if the breach is due to any act of a third party, even if foreseeable, or is the result of any fault on the part of the Customer, or an event of force majeure, or any other event not reasonably within its control.
12.2. Likewise, the ‘Silvina Campos’ brand assumes no responsibility for failures or non-compliance of its services caused by circumstances beyond its control. These circumstances may include, but are not limited to, failures in the operation of the website, acts of the State or public authorities, acts of war, terrorism, strikes, physical blockades and natural disasters.
The ‘Silvina Campos’ brand rejects any liability for direct and/or indirect damages arising from the Customer's use of the platform.

13. APPLICABLE LEGISLATION AND ALTERNATIVE DISPUTE RESOLUTION

13.1. These terms and conditions of online sale are covered by the current Portuguese legislation.
13.2. The use of our website, the Terms and Conditions, the Privacy Policy and the Contracts celebrated are governed by Portuguese law.
13.3. In the event of any dispute relating to the use of the website or the interpretation, integration of gaps, validity, effectiveness or fulfilment of the Conditions or the Contract, the Parties elect the Judicial Court of the District of Oporto as territorially competent to hear and judge the dispute.
13.4. The Customer may attempt to settle any consumer dispute out of court through the ‘Electronic Platform for Online Dispute Resolution’ (made available by the European Commission), accessible at ‘ec.europa.eu/consumers/odr’. You can also turn to any other Alternative Dispute Resolution body. The up-to-date list of Alternative Dispute Resolution organisations is available on the ‘Consumer Portal’ at www.consumidor.gov.pt.
13.5. The Silvina Campos brand makes the electronic format of the complaints book available on its website. Access to the Digital Platform (for submitting a complaint) is via the link https://www.livroreclamacoes.pt/inicio
13.6. A complaint submitted in the complaints book in electronic format has the same authority as a complaint submitted in the complaints book in physical format.