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GENERAL CONDITIONS

  1. PURPOSE

These Terms & Conditions (together with the Privacy and Cookies Policy) establish the conditions that determine the use of this website and regulate the conditions of the product purchase process on it, being accessible at any time on the website.To place an order on the website you must be at least 18 (eighteen) years old. When you use this website you declare that you fulfill this condition.

These Terms & Conditions can be changed at any time, and in this situation, we will publish an updated version on the website. The use of the website as well as the placing of any order, after Curvy has published a new version of the Terms & Conditions, will be subject to the current version of the Terms & Conditions, which must be expressly accepted prior to the submission of the order.

The following Terms & Conditions govern the sale of products presented on the website by the company on an individual basis:

– Maria João Gomes da Silva, hereinafter identified on the website by the brand “Curvy”
– Address: Av. Marquês de Pombal, Lote 15, Loja 340- r/ch A – 2410-152 Leiria
– UTR: 145955397
– Tel: 244 092 538
– E-mail: curvy.pt@gmail.com
– Website: https://www.curvy.pt

When registering on the website, you must ensure that the mandatory information provided is correct and complete. We ask that you inform Curvy about changes in your identification data like postal address, email address, and other contact details, updating your personal details on the website.

The website allows you to make a purchase using the “Buy as a Guest” feature, and you do not need to register for this purpose. In any case, you must ensure that the mandatory information provided is correct and complete. Only personal data that is strictly necessary to carry out your request is requested, which will only be used for that purpose.

When using the website, you are bound not to place false or fraudulent orders, and Curvy may, if it considers that an order of this nature has been placed, proceed with its cancellation and inform the competent authorities.

  1. CONCLUSION OF THE CONTRACT

To place an order for one or more products available on the website, you must respect the following procedures:

  • Choose the product on the website ;
  • Add the product to the “Cart”;
  • Then, click in “Checkout”;
  • You can proceed with the purchase, as a Guest (“Buy as a Guest”) or by creating an account (“New Customer”) or, if you already have an account, by logging in with your email address and password.

(I) Buy as a Guest
In case you choose to “Buy as a Guest”, you will have to fill out a form:

  • Name and Surname;
  • Address;
  • Mobile Number;
  • E-mail address
  • Billing address;

(II) Register as a New Client
In case you choose to register as a “New Customer”, you will have to fill out a form which must contain the following information:

  • Name and Surname;
  • Address;
  • Mobile Number;
  • E-mail address;
  • Password;

Once you have filled out the form with all the information mentioned above, you must select the Product Delivery Method. Then, you must choose one of the available Payment Methods. Finally, you must click on “Confirm Payment”

In order to “Confirm Payment”, you must first accept these Terms & Conditions.

Once the order is complete, Curvy will send you an “Order Confirmation” email. This email is a mere automated proof, which means that we have received your order and in which information about the order number and date, delivery and payment method, delivery and billing address, price of product, value of shipping costs, product identification and its basic characteristics.

Always make sure to review your purchase before clicking on “Confirm Payment”. Before clicking on “Confirm Payment”, you have the possibility to edit all the information you have entered, such as the shipping or billing address, the payment information, or to add, change or withdraw products in the “Basket”.

You can always access your purchase history, which contains information on number, date and order status, product identification and its basic characteristics, respective price and shipping costs, payment method used, selected delivery method and billing address on the Curvy website at “My Account”.

The purchase receipt will be sent to you in paper format with your order.

In case of difficulties with your order, you can always contact Curvy through +351 244 092 538 or +351 910 353 430.

  1. PRODUCT AVAILABILITY

All product orders will be subject to product availability. In this sense, if there is any difficulty regarding the supply of products or if there are no products in stock, Curvy will inform you of the unavailability and will refund the amount you paid, within a maximum period of 30 (thirty ) days.

  1. PRICES, SHIPPING COSTS AND PROMOTIONAL CODES

The prices paid for the products you order are those displayed on this website, on the date the order is placed, including taxes at the legal Curvy headquarters rate in effect, but excluding shipping charges which will add to the value of the order placed.

Shipping costs will be charged according to the values ​​indicated on the website, calculated in particular according to the selected shipping method.

You will always be informed, clearly and concisely, prior to finalizing your order, about the total price of the product, which includes the price, all taxes and fees, additional shipping charges, shipping charges or any other costs that may exist.

Curvy reserves the right to change product prices and shipping costs at any time, without affecting, however, orders for which the order has already been finalized.

Promotional codes are codes or words coded as “Discount Coupons” that, for example, may provide you with discounts on certain products, in your entire order, or may represent an offer for shipping costs. Promotional codes only concern purchases made on the Curvy website.

In order to take advantage of the promotional codes, you must make sure that you enter the code in the appropriate space when making the payment. If you do not apply the promotional code at that time, you will not be able to use the promotional code on that purchase, without prejudice to being able to use it in a subsequent order, subject, of course, to the conditions of use of each promotional code.

  1. PAYMENT

The available payment methods are:

  • Bank Transfer
  • Debit Card
  • Credit Card

The order will be automatically canceled if you do not make the payment within that 48 hour period..

  1. DELIVERY

No shipments are made to PO boxes.

All orders will be delivered to the address you specified for delivery when placing your order.

Orders will only be sent after confirmation of stock availability and confirmation of payment, being sent by CTT.

Curvy has the following shipping methods:

Continental Portugal – CTT

  • Click and Collect in store: FREE
  • Deliery by CTT up to 50€ : 4.50€
  • Delivery by CTT equal to or greater than 50 €: FREE

Azores and Madeira – CTT

  • Deliery by CTT up to 100€ : 7.50€
  • Delivery by CTT equal to or greater than 100€: FREE

When placing the order we will ask you to choose the shipping method you want. The final value of your order will always indicate, clearly and precisely, the amount incurred as shipping costs.

If you wish to receive your order in store, you must collect it within a maximum period of 30 days from the moment you receive the email / SMS informing about the availability of it for collection.

Curvy will do its best to comply with the delivery of the order within 2-3 working days for Continental Portugal, and 5-7 working days for the Azores and Madeira.

Orders will only be shipped on working days.

It should be noted, however, that there may be reasons, such as circumstances beyond Curvy, namely facts that constitute “Force Majeure” under Point 17 that make it impossible to deliver the order on the scheduled date.

In the event of Curvy being unable to comply with the order delivery deadline, it will inform you of this situation, giving you the option to continue with the purchase, establishing a new delivery date, or cancel the order, with full refund of the amounts paid, within a maximum period of 30 (thirty) days from the date of knowledge of the unavailability.

6.1.     IMPOSSIBILITY OF DELIVERY

If it is impossible to deliver your order due to a fact not attributable to Curvy or the carrier, an order pickup notice will be left at one of CTT’s counters.

Please note that in case of non-delivery of the product within the stipulated period, due to a fact attributable to it, Curvy will reimburse you for the amount paid, with the exception of the costs incurred with sending the order, as well as any expenses concerning storage and new delivery attempts.

6.2.     RIGHT OF FREE RESOLUTION

If, for any reason, you wish to return a product, you can do so freely, without any penalty and without justification, within 14 (fourteen) days from the day after the day Curvy delivers your order to you directly or to a third party indicated by you, other than the carrier.

In order to exercise your right to freely terminate the contract, you must communicate this intention to Curvy through an unambiguous declaration of termination of the contract, using one of the following contacts:

– Address: Av. Marquês de Pombal, Lote 15, Loja 340- r/ch A – 2410-152 Leiria

– E-mail: curvy.pt@gmail.com;

Curvy will send you, without delay and within a maximum of 24 hours after the reception of the contract termination statement, an email acknowledging the reception of the contract termination statement.

The return of the order can be made:

  • In store;
  • By mail to: Marquês de Pombal, Lote 15, Loja 340- r/ch A – 2410-152 Leiria

The return of the order must be made within a maximum period of 14 (fourteen) days from the date on which you communicated to Curvy your decision to terminate the contract.

Curvy bears the cost of returning the order if the return is from Continental Portugal and Islands through the CTT service. If another means or carrier is selected, the shipping costs will be borne by the customer, it is estimated that this shipping represents a maximum of € 10.00 (ten euros).

You must keep and present the purchase receipt, when exchanging the product, and you must keep the product in the proper conditions of use, in order to be able to return it , also containing the label and not exceeding the handling that is usually admitted in a commercial establishment, intact and in the original packaging.

Curvy will refund the amount for the returned product, without undue delay, and within a maximum period of 14 (fourteen) days from the date on which Curvy was informed of its decision to terminate the contract, without prejudice to the right that Curvy has to withhold the refund until you have received the returned goods, or until you present proof of their return, whichever comes first.

Curvy makes refunds using the same payment method you used in the initial transaction, however, if you so choose, you can opt for a refund through the allocation of gift cards. In case the payment has been made by MB reference, the refund will be made by bank transfer, to the IBAN that for this purpose is indicated by you. In none of these situations will you incur any costs as a result of the refund.

Curvy may cancel any order or refuse to accept a confirmed order in the event of a technical error and / or an error in prices or any information on the products found on the website when placing the order. Curvy will fully refund the amounts paid.

  1. EXCHANGES AND RETURNS

Product exchanges may be carried out in person at Curvy stores from the moment Curvy delivers the product to you, or to a third party indicated by you.

You must keep and present the purchase receipt, when exchanging the product, and you must keep the product in the proper conditions of use, in order to be able to return it , also containing the label and not exceeding the handling that is usually admitted in a commercial establishment, intact and in the original packaging.

7.1. RETURN OF FAULTY ITEMS

Curvy guarantees the conformity of the goods acquired on the website in accordance with the provisions of Decree-Law No. 67/2003, April 8th, with changes introduced by Decree-Law No. 84/2008, May 21st.

For this, it is necessary that the non-conformity of the purchased product exists at the time of its delivery and manifests itself within a maximum period of 2 (two) years from the delivery of the same (“Warranty”).

Therefore, in case of detecting lack of conformity of the product purchased with the contract, you should, within a maximum and non-extendable period of 2 (two) months from the date of detection of the lack of conformity, contact Curvy, providing the number order details, product details and identifying the non-conformity in question, for the following contacts:

– Tel: +351 244092538 or +351 910353430

– E-mail: curvy.pt@gmail.com

The delivery of the product for the purpose of return can be made:

  • In store;
  • By mail to: Marquês de Pombal, Lote 15, Loja 340- r/ch A – 2410-152 Leiria

If, once the product has been examined, Curvy finds that there is indeed a defect or lack of conformity in the purchased product, the customer may choose to request that the good be replaced free of charge, through its repair or replacement, by an appropriate reduction in price or for terminating the contract with full price refund.

Curvy will proceed with the repair, delivery of a new product or refund, partial or total, depending on your choice, as soon as possible and always within a maximum period of 30 (thirty) days.

In case of option to terminate the contract, with the concomitant return of the product, you will be refunded the amount paid for the item, as well as delivery costs and, if applicable, return costs. The refund of the amount will be made by reimbursement by bank transfer to the IBAN that you indicate, which does not imply that you incur any costs as a result of the refund.

Defects or malfunctions resulting from the improper use of the products purchased, from non-compliance with the instructions accompanying the products or from repairs carried out by unauthorized third parties are excluded from the scope of the warranty.

7.2. VARIATIONS THAT SHOULD NOT BE CONSIDERED DEFECTS

The products that Curvy sells, especially handmade ones, often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and colors, are not considered defects or lack of conformity. On the contrary, you must count on their presence. Such characteristics are inevitable and must be accepted as part of the individual appearance of the product.

  1. PROPERTY

All copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are, at any time, property of Curvy or the licensor, so you can only use that material in the manner that is expressly authorized.

This does not prevent you from using the website to, if necessary, copy information relating to your order or Contract data.

  1. COMUNICATION WITH CLIENT

The applicable law requires that the notifications sent be made in writing. By using this website, you accept that notifications sent by Curvy are sent electronically.

For contractual purposes, you agree to use this means of electronic communication and acknowledge that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.

In case of doubt about these Terms & Conditions, you can contact Curvy using the contact forms available on the website, as well as by phone +351 244092538 or +351 910353430 , or by e-mail to curvy.pt@gmail.com

The customer service line is open from Monday to Saturday, from 9:00 am to 7:00 pm.

  1. CAMPAIGNS

FREE SHIPPING
Each time there is a Free Shipping campaign in force, it applies to all orders with shipping in Continental Portugal.

  1. FORCE MAJEURE

Curvy will make all reasonable efforts to fulfill its obligations.

However, it cannot be held responsible for non-compliance or delay in fulfilling any of the obligations it has assumed, the cause of which is due to events that are beyond its control (“Force Majeure”).

Force Majeure is any unpredictable and/or irresistible fact, act, event, failure, omission, accident or any other outside or beyond our control, including, among others, the following:

  1. General strike, or other forms of protest;
  2. State of siege or emergency, public order disturbances, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), threat or preparation for war;
  3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;
  4. Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private;
  5. Inability to use public or private telecommunications systems;
  6. Decisions, decrees, laws, regulations or other normative instruments or decisions by any government or public authority.

Curvy’s obligations under the Contracts shall be deemed to be suspended during the period in which the Force Majeure Reasons occur, with Curvy’s benefit from an extension of the period to fulfill such obligations, for a period equal to the duration of the grounds of Force Majeure.

Curvy will use all reasonable means to stop the Force Majeure reasons or to find a solution that allows it to fulfill its obligations under the Contract, despite the Force Majeure reasons.

  1. LINKS FROM THE WEBSITE

Links directed to other websites or third party materials referred to on the website are provided solely for the purpose of obtaining information, and Curvy has no control over the content of these websites or materials, so it cannot be held liable for any possible damages or losses arising from the use of those.

  1. APPLICABLE LAW

All questions relating to the application or interpretation of these Terms & Conditions and any dispute arising from the interpretation, validity or non-compliance of the contract concluded between the parties, are subject to the competent Portuguese courts, only in the district of Leiria

Such disputes will apply, with express waiver of another, Portuguese law.

  1. DISPUTE RESOLUTION

If you are dissatisfied with the purchase of the product or with the service provided on the Curvy website, you may also, without prejudice to the right to submit the dispute to the appreciation and decision of a judicial court, appeal to one of the Alternative Resolution Entities of Consumer disputes listed on the consumer portal, on the website www.consumidor.pt, or on Online Consumer Dispute Resolution identified on the website https://webgate.ec.europa.eu/odr.

The currently existing alternative consumer dispute resolution entities are as follows:

(i) Centro de Arbitragem de Conflitos de Consumo de Lisboa: http://www.centroarbitragemlisboa.pt/
(ii) Centro de Arbitragem de Conflitos do Vale do Ave / Tribunal Arbitral: https://www.triave.pt/
(iii) CIAB – Centro de Informação, Mediação e Arbitragem de Consumo /Tribunal Arbitral de Consumo: http://www.ciab.pt/pt/noticias/itinerancia-da-exposicao-comemorativa-do-20-aniversario-do-ciab-31
(iv) CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo: http://www.arbitragemdeconsumo.org/
(v) Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra: http://www.centrodearbitragemdecoimbra.com/
(vi) Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve: http://www.consumidoronline.pt/pt/
(vii) Centro de Informação de Consumo e Arbitragem do Porto: http://www.cicap.pt/
(viii) Centro de Arbitragem de Conflitos de Consumo da Madeira: http://www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx
(ix) Centro de Arbitragem da Universidade Autónoma de Lisboa: http://arbitragem.autonoma.pt/

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