Terms and conditions
The conditions indicated here are agreed between Second Chance Kids - Unipessoal, LDA., Headquartered at Rua Miguel Torga, nº5, 3º esq 6300 - 780 Guarda, hereinafter referred to as “Special Clothing” and the people who use the Internet website www. specialclothing.pt, hereinafter referred to as “the User”.
These Terms enshrine the rights and obligations of all users and Special Clothing with respect to the goods / services made available on this website or any other website to which there is a hyperlink / link.
Before pressing the "CONFIRM ORDER" key at the end of the ordering operation, you should read these Terms carefully. If you do not agree with these Terms in their entirety, you must refrain from placing any order.
These Terms are subject to change, so you should read them before placing any order.
If you have any questions about these Terms, please contact us using our website or through our electronic form.
Second Chance Kids - Unipessoal, LDA. which operates under the Special Clothing brand is a Portuguese company, headquartered at Rua Miguel Torga, nº5, 3º esq 6300 - 780 Guarda.
Our tax number is PT 510416071.
2. USE OF THIS SITE
These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in the case of express agreement by the Seller, previously given in writing. These Terms are important to both parties, as they aim to protect the user's rights, as a customer, as well as our rights as a Seller and are intended to establish a legally valid agreement between the parties.
When placing an order, the user confirms that he has read these Terms, which he accepts without any reservation.
The user accepts that:
You can only use this website to make inquiries or orders that are legitimate.
You will not place orders of a speculative, false or fraudulent nature. If we have reasonable reason to believe that a particular order is of that nature, we reserve the right to cancel it and to inform the competent authorities.
You will be obliged to indicate an email address, postal address, or the data relating to another form of contact, which are correct and complete and you accept that the Seller can contact you using these data, should you deem it necessary.
If you do not provide the Seller with all the information he deems necessary, it may not be possible to complete your order and / or guarantee a quality service.
When placing an order through this website, the user declares that he is over 18 years of age and that he has the legal capacity to enter into contracts.
3. FORMATION OF THE CONTRACT
The information contained in these Terms does not constitute an offer to sell, but merely an invitation to trade. No contract with respect to the aforementioned products will be established between the Seller and the user without the order having been accepted by the first (regardless of whether a debit has been made to the user's account). If the order is not accepted after any debit has been made to the user's account, the respective amount will be refunded in full.
To place an order you must follow the online purchase process and press the "CONFIRM ORDER" key.
You will then receive an email confirming that your order has been received by the Seller (the "Order Confirmation"). You should be aware that this does not mean that your order has been accepted. The order constitutes only a proposal to purchase one or more of our products.
Any order is subject to the respective acceptance by the Seller, which will always be confirmed by sending an email notifying the shipment of the product (s) - Shipping Confirmation.
The purchase and sale contract between Seller and user (Contract) will only be formalized with the communication of the Shipping Confirmation. The Contract will only concern the products mentioned in the Shipping Confirmation. The Seller will not be obliged to supply any other products that may appear in the order, until the shipment of them has been the subject of another Shipping Confirmation.
4. PRODUCT AVAILABILITY
Special Clothing sends orders to all of Europe within the delivery period referred to at the time of completion, depending on the country of destination.
The carriers with whom we have protocols deliver from Monday to Friday, between 8 am and 7 pm at the address the seller desires.
In the case of Mainland Portugal and Madeira, deliveries are made on the next business day if the order is placed and paid by 2:30 pm.
For the Azores, the delivery time can vary between 4 to 7 working days.
Track my order
When your order is shipped, you will receive a code in your email so that you can locate it on the website of the carrier you have chosen.
If you have difficulties in locating your order, please contact us by email [email protected]
Difficulties in delivering
If the carrier is unable to deliver the order, it will try again the next day or contact you to schedule a new delivery.
5. ORDER REFUSAL
6. RIGHT OF FREE RESOLUTION BY THE USER - "Cooling OFF"
The user who contracts as an online consumer can freely terminate the Contract within 14 days from the date of delivery of the products. In this case the user will be refunded for the full price paid for the products, in accordance with the terms of the Return Conditions (see clause 12 below).
Please see in the Return Conditions how to proceed with the return of products. The right to terminate the Contract will only take place if the products are returned in the same state in which they were received by the user. It must return it with all instructions, documents and packaging materials. Any damaged product, which is not in the same condition in which it was received by the user, or which has signs of use beyond the mere opening of the respective packaging, will not be refunded.
Please take care when handling the product (s) while they are in your possession and keep the original boxes, instructions, documents and other packaging materials in your possession. , for later return and collection of products.
More detailed information on the right to terminate the contract and the explanations relating to the respective exercise are the subject of clause 12 of these Terms. This provision is without prejudice to any rights resulting from the law.
Under the condition that they are available (see clause 4 above), the Seller will make the best efforts so that, except in the event of exceptional circumstances, the products included in a Shipping Confirmation are delivered to the user within the stated period, or if there are no indication of the same, within 15 days from the date of the Confirmation of Receipt of Order.
Possible reasons for the delay include:
Wrong or incomplete delivery address
If, for any reason, the Seller is unable to deliver on the scheduled date, the user will have the option of maintaining the order by extending the delivery period or canceling it against full refund. The user must take into account that, in any case, the Seller does not deliver on Saturdays or Sundays.
For the purposes of these Terms, a "delivery" is deemed to be effected or a product is deemed "delivered" with the signature of the delivery receipt at the agreed address.
For purchases over € 100, with shipping to Mainland Portugal, delivery costs are free.
For purchases of less than € 100, with shipping to mainland Portugal, the shipping costs are those listed on the CTT and MRW website.
For foreigners, the sizes are shown on the CTT and MRW website.
8. IMPOSSIBILITY OF DELIVERY
9. RISKS AND PROPERTY
From the moment of delivery, the risks related to the product supplied will be borne by the user.
Ownership of the supplied products will only be transferred to the user when the Seller has received full payment of the amounts due for the supply of the product, including delivery charges, or after delivery, whichever is the later.
10. PRICE AND PAYMENT
Except in case of evident error, the price of the products will be what is indicated at each moment on our website. Although the Seller seeks to ensure that all prices indicated on the website are correct, errors may occur. If the Seller finds that the price of a product in an order is wrong, he will inform the user as soon as possible, giving him the possibility to choose between reconfirming the order at the correct price or proceeding with the respective cancellation. If it is impossible to contact the user, the order will be canceled and the user will be refunded for the full amount of the order, if he has already paid for it.
The Seller will have no obligation to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been issued, if the error is notorious, unambiguous and should have been identified by the user in reasonable circumstances.
The prices indicated on this website have VAT included (when applicable), but do not contain delivery costs, which will be added to the final price.
We reserve the right to refuse orders of large size or value. All prices and quantities available are subject to change at any time but, except as noted above, this change will not affect orders for which a Shipping Confirmation has already been issued.
When the user has finished their purchases, all the products they want to purchase will be inserted in their shopping basket, the next step will be to select the delivery method and make the payment. For this purpose, you should:
Click on "CART" at the top of the page
Click on the "GO TO CART" button
Click on the "VALIDATE CART" button
Fill in or confirm the data related to your contacts, your order, billing address, shipping address, transport and payment method.
Press the CONFIRM ORDER key
Proceed to payment.
You can pay with Visa, Maestro, American Express and Discover cards, through ATM reference and with a Paypal account. The Seller uses PayPal Business Services and HI-MEDIA PORTE MONNAIE ÉLECTRONIQUE SA to process all payments. Check the companies' websites to learn more about the services: https://www.hipay.com || https://www.paypal.com.
By making the payment the user is confirming that he is the holder of the card or the PayPal account. The authorized amount will be debited at that time.
Credit cards are subject to validation and authorization verification by the issuing entities, but if the card issuer does not authorize payment, the Seller will not be held responsible for any delay or non-delivery and may not enter into the Contract with the user.
11. VALUE-ADDED TAX
According to the rules and regulations in force, purchases made through this website are, where applicable, subject to Value Added Tax (VAT).
Sales prices to the public, whether for an individual customer or a company, include Value Added Tax (VAT) where applicable.
12. RETURN CONDITIONS
General rule for return
If the user wishes to return a product, he must do so by handing it over to a freight transport company to the Seller's address. The user must contact the Seller using the electronic form of the respective return.
The user must return the product in the same package used in the first delivery. Whenever possible, the user must accompany the product to be returned from all original boxes, instructions / documents and packaging materials. The Seller will inspect the returned product. Any product that has been damaged, that is not in the same condition in which the user received it or that shows signs of use other than simply opening the package, does not give the right to a refund.
The User will be responsible for transport costs (shipping and collection costs).
* Except in the products of the flagged campaigns that it is not possible to make returns.
Return by withdrawal
The User has up to 15 days after the date of delivery of the products to return them, without any justification being required (except in the case of products made to your specification or customized).
The User will be responsible for transport costs (shipping and collection costs). Collection costs are the same as shipping. These costs will be deducted from your initial payment, and the balance will be returned to you.
Return of defective products
If the user understands that the product supplied, at the time of delivery, does not comply with the provisions of the Contract, he should promptly contact the Seller via an electronic form, informing him of the product status and respective defects.
The Seller will inspect the returned product and inform the user of the right to its replacement or refund (if applicable), via email, within a reasonable time. The Seller, as a rule, proceeds to refund or replacement as soon as possible and, in any case, within 30 days from the date of confirmation via email that the user is entitled to a refund or replacement of the defective product. Products returned by the user for defective reasons, if confirmed, will be refunded in full for the amount paid, including delivery charges and return charges. The refund of any amount paid will always be made via the payment method used to purchase the product.
The refund will take place as soon as possible (in any case, within 30 days from the date of notification of the return). The refund of any amount will always be made using the same payment method used to purchase the product.
These provisions do not prejudice any rights of the user, which result directly from the law.
14. RESPONSIBILITY AND EXCLUSIONS
Seller's liability for any product purchased through this website is limited solely to the respective purchase price.
Nothing in these Terms has the effect of excluding or limiting Seller's liability:
For death or personal injury caused by your negligence;
For fraud or fraudulent misinformation;
Regarding any matter in which the exclusion or limitation, or the attempt to exclude or limit Seller's liability is unlawful.
Without prejudice to the provisions of the preceding paragraph, the Seller, to the maximum extent permitted by law and unless otherwise provided in these Terms, rejects any liability for indirect losses or damages, which occur as a consequence of the main losses or damages , even if they originated by the practice of unlawful, contractual or extra-contractual, including mere negligence, whether or not it was foreseeable, for example by way of:
loss of business;
loss of income or income;
loss of results or contracts;
loss of profits;
loss of data;
management time and hours of activity.
Due to the open network nature of this website and the possibility of errors in the storage and transmission of digital information, the Seller does not guarantee the accuracy and security of the information transmitted or obtained through it, except when expressly stated otherwise.
All product descriptions, information and materials on this website are made available in their precise terms ("as is") and without any guarantee of express, implicit or consequent compliance for any reason.
To the maximum extent permitted by law, the Seller does not assume any type of guarantee, without, however, this implying the exclusion of liability that cannot be legally removed within the scope of consumer rights.
Nothing contained in this clause prejudices the legal rights of the user, as a consumer, nor affects his right to terminate the Contract.
15. INTELLECTUAL PROPERTY
16. WRITTEN COMMUNICATIONS
All communications from the user to the Seller must be sent using an electronic form. Without prejudice to the provisions of clause 16, the Seller may communicate with the user either by email or by post to the address on the order.
Any communication will be taken for granted the moment it is inserted on the website, 24 hours after sending an email, or on the third day following the date of its sending by post. To prove the sending of a communication, in the case of a postal item, it is enough to prove that the respective letter was addressed correctly, sealed and delivered to the post office and, in the case of sending by e-mail, that the same e-mail was sent to the address email address specified by the user.
18. TRANSMISSION OF RIGHTS AND OBLIGATIONS
The Agreement between the Seller and the user is binding on the parties and their successors and assigns.
The user may not transfer, assign or encumber his contractual position, or by any other means, dispose of the Contract or any rights or obligations arising therefrom, without the prior consent of the Seller, given in writing.
The Seller may transfer, assign or encumber its contractual position, sub-contract or by any other means dispose of the Contract or any rights or obligations arising therefrom, at any time during its term. Notwithstanding, any transfer, assignment or encumbrance of such position, or act of provision of the contract, may have the effect of limiting the user's legal rights as a consumer or reduce, or limit in any way, any guarantee provided by the Seller to the user of express or implied.
19. EVENTS OUTSIDE THE SELLER'S CONTROL
The Seller will not be responsible for non-compliance, or delays in the performance, of any obligation arising from the Contract that is due to an event beyond its reasonable control ("Force Majeure Event").
A Force Majeure Event comprises any event, act or omission, beyond Seller's reasonable control and includes, in particular (but not exclusively), the following:
Strikes, lock-outs and other labor actions
Civilian uprisings, turmoil, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
Impossibility of using railways, sea, air, road or other public or private means of transport.
Impossibility of using public or private telecommunications networks.
Government laws, decrees, regulations or restrictions.
Any strikes, interruptions or accidents affecting relevant postal or transport services.
The Seller's obligation to comply with any Contract will be suspended for the duration of a Force Majeure Event and will give rise to an extension of the respective term equivalent to that duration. The Seller will make reasonable efforts to terminate a Force Majeure Event, or to find a solution that will enable it to fulfill its contractual obligations despite the existence of a Force Majeure Event.
If the Seller, at any time during the term of the Agreement, refrains from demanding strict compliance with any obligation which arises for the user from the Contract or these Terms, or from exercising any right or power therein provided to put an end to such breach, this will not constitute a waiver of those rights and powers and will not exempt the user from the fulfillment of his obligations.
The resignation of the Seller to the exercise of any right or power, in the event of a particular situation of non-compliance by the user does not mean waiver of rights or powers in the event of a subsequent situation of non-compliance.
Seller's waiver of any right resulting from the Agreement or these Terms will only be effective if it is in a written communication sent to the user in the manner provided for in the Communications clause, where the expressly declares that he waives.
22. INTEGRAL AGREEMENT
These Terms and any document referred to therein constitute the entire agreement established between the parties regarding the formation of a Contract and prevail over any previous agreement, understanding or combination, in written or oral form.
Both parties acknowledge that, when entering into the Contract, neither of them based their motivation on a declaration, commitment or promise made by the other, or that it could be considered implicit in something that had been said or written in negotiations that took place between the parties at the time prior to the execution of the Agreement, unless otherwise stated in these Terms.
Neither party may take advantage of the fact that the other has produced an untrue statement, either orally or in writing, prior to the conclusion of a Contract (unless such statement has been made with fraud) and can only rely on the rules of non-compliance contractual obligation resulting from these Terms.
23. AMENDMENT OF TERMS OF SERVICE BY THE SELLER
24. APPLICABLE LAW AND JURISDICTION
Contracts for the purchase and sale of products through this website are regulated by Portuguese law. Any dispute arising out of or related to these Contracts is subject to the non-exclusive jurisdiction of the Portuguese courts.
The provisions of this clause do not prevail over any legal rights of the user as a consumer.
26. DIFFERENCE MANAGEMENT
In the event of an online consumer dispute, the consumer may use an online dispute resolution system (RLL), the ODR platform (“online dispute resolution”), which is competent to resolve disputes relating to the resulting contractual obligations sales contracts or online services.
More information at Portal do Consumidor www.consumidor.pt