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Terms and conditions of purchase

The BAILHA® brand, associated with tax identification number 247000558 and headquarters in Estrada José Ângelo Pestana de Barros nº77, 9325-52 Estreito de Câmara de Lobos,
(hereinafter BAILHA® ) , has implemented on its website www.bailha.pt (hereinafter, “site”), an e-commerce platform (hereinafter “Online Shop”) that allows buyers of legal age (hereinafter, “Buyers”), the purchase of clothing and accessories embroidered by hand with traditional techniques from Madeira.
Sales made in the online store are governed by these Terms and Conditions of Purchase, which are accepted by the Buyer at the time of each purchase.

  1. SUBJECT

These Terms and Conditions of Purchase, are intended to establish the terms in which BAILHA® makes available to Buyers, which regulate the use of the site.

  1. DESCRIPTION OF THE ONLINE STORE

The online store consists of tools that allow Buyers to purchase and pay for the Products, as well as confirm receipt of them.
The Buyer undertakes to carry out all interactions in the online Store in good faith, without prejudice to any of the parties involved.

  1. CONDITIONS OF USE OF THE ONLINE STORE

The Buyer declares to act as a consumer (as defined by the Law on Consumer Protection – Law no 24/96, of 31 July) for private purposes and for strictly personal use when using the online store.

The use of the online store is free (except for any telecommunications operator costs), without obligation to purchase on the site. Only the purchase of Products is charged, as provided in the Conditions of Purchase.

  1. ORDER PROCESS

Buyer can add all the Products he wants to purchase to his virtual shopping cart, following every step of the purchase until successful completion.

BAILHA® informs that the prices on www.bailha.pt are exclusive to the store, valid only during the periods advertised and applicable to orders placed in those periods, even if received later, and are subject to stock availability. Promotional campaigns have specific conditions and limited stock.

The validation of the purchase order implies that the Buyer is aware and agrees to the current Terms and Conditions of Purchase, available for consultation on our website. The records kept by BAILHA® serve as evidence of all transactions between BAILHA® and the Buyer. It is BAILHA® ’s responsibility to archive the electronic document that formalizes the contract, keeping it accessible for purposes related to the commercial transactions carried out.
After you have completed your purchase, you will receive an automatic email confirming the transaction. If the data is not correct, you can request its change or cancellation of the purchase made.

BAILHA® accepts the following payment methods:

  • ATM reference
  • Visa
  • MasterCard
  • MB WAY
  • Google Pay
  • Paypal

Invoices for orders placed are sent to the buyer at the time of shipment.

  1. PRODUCT AVAILABILITY

BAILHA® begins processing an order after the Buyer has confirmed payment.During the checkout process, the Buyer receives information about the expected date of shipment, which may be 24 hours, 2 to 4 days, or 1 to 2 weeks.
In addition to the estimated time for shipment, it is necessary to consider the transport time, which varies according to the chosen carrier and the destination of the order.

BAILHA® only carries out shipments on working days, considering the delivery dates as indicative.
Thus, weekends and holidays are not counted for the estimated delivery of orders.

If any ordered product is not available, BAILHA® will contact you to check the possibility of refilling stock or find an alternative. Any change in the delivery time or price will only be made after consent of the buyer.
If the product is completely sold out, BAILHA® may suggest an alternative of similar quality and price, requesting the buyer’s approval before proceeding.

If no alternatives can be found or the buyer does not agree with the proposed changes, BAILHA® will refund the amount paid within a maximum of 14 days after the cancellation is communicated.
Any delay in the shipment of items in relation to the dates indicated, which are only estimates, does not give the Buyer the right to any kind of compensation.

The images of products in the Online Store are for illustrative purposes only. Due to the handmade process of embroidery, small variations can occur between the pieces, making each one unique.

  1. SHIPPING COST

The delivery methods and deadlines in force can be confirmed during the checkout process and are calculated based on the country of destination and weight. The payment of the shipping costs will be charged together with the purchase of the product.
The shipping time of an item is displayed when you select the desired shipping method.

7. CANCELLATIONS, EXCHANGES AND RETURNS

  • RIGHT OF FREE RESOLUTION

Under the terms of the Right of Free Resolution, provided for in Decree-Law no 24/2014, of 14 February, when purchasing an article on bailha.pt, has a period of 14 days from receipt of the order to return it.

To return the product, it is necessary to comply with the following conditions::

    • Presentation of the purchase invoice of the article
    • The item must be returned in the same condition as it was sold, without damage or signs of use, and packaged in its original packaging.

To initiate the return process, the Buyer must contact BAILHA® through the contacts provided for this purpose. Returns will not be accepted without prior contact from the Buyer.

The following articles are excluded from the Right of Free Resolution:

  • Custom items according to buyer’s specifications;

By exercising the right of free cancellation, the Buyer is responsible for the total costs of returning the items.

  • Return process

The Buyer must return the items within a maximum of 14 (fourteen) days, from the day on which he informed the free termination of the contract.

After contact and given the return instructions, the buyer can send the item to the address indicated.

All items are checked on arrival and only those who comply with the return conditions will be accepted for exchange or return.

BAILHA® reserves the right not to accept items that do not comply with the return conditions.

In the event that you have received damaged items, BAILHA® will schedule the collection of them without any charge to the Buyer.

  • Refunds

In the event of termination of the contract, the Buyer will be refunded the payments made, including delivery costs (except additional costs resulting from choosing a shipping method other than the normal method), without undue delay and within a maximum period of 14 (fourteen) days from the date on which BAILHA® is informed of the Buyer’s decision to terminate the contract.

In order to be more agile in the refund process, in case of payments made by credit card or ATM, it is necessary to provide a NIB/ IBAN, and the refund will be made through this means.

If the buyer wishes another form of reimbursement, he must contact BAILHA® within a maximum period of 7 (seven) days after the date on which he informed his decision to terminate the contract.

BAILHA® informs that the refund will only be made after verification of the condition of the product.

  • Order cancellations

The Buyer may cancel his order until delivery of the items, with a right to reimbursement of the amount paid.

The non-payment of the order within 24 hours after its completion, implies its automatic cancellation.

In accordance with the Decree-Law no 7/2004 of 7 January (and its amendments conferred by Decree-Law no 62/2009 of 10 March and Law no 46/2012 of 29 August), concerning electronic commerce, BAILHA® reserves the right to unilaterally cancel the order whenever there are programming errors or any malfunction in the computers of BAILHA®, as well as in the case of the contractual proposal arriving at its destination deformed and the error has effect on some essential element of the contract.

8. PERSONAL DATA

The Buyer’s Personal Data is processed by BAILHA® and is indispensable to ensure the management of purchases in the online store, unless otherwise stated.

The data provided will be used exclusively for the following purposes:

  • Execution and management of purchase and sale contracts;
  • Processing of orders;
  • Communication with buyers and clarification of doubts;
  • Processing of requests for information;
  • Processing of complaints, Regulatory Processes, Pre-Conflict Processes or exercising rights in court proceedings;
  • Statistical analysis activities;
  • Verify, maintain and develop statistical systems and analyses;
  • Direct marketing communications (if the buyer has subscribed to the newsletter);
  • Fraud prevention and control;
  • Request for feedback on purchased products;
  • Conducting satisfaction surveys;

The information necessary for delivery of the Products is transmitted to BAILHA® exclusively for this purpose.

In accordance with the current legislation on the protection of personal data, the buyer can exercise at any time his rights of access, rectification, deletion, limitation, opposition and portability, by requesting through the following email: [email protected].

The personal data of the Buyer are kept only for the period necessary for the purpose of their collection.

BAILHA® uses cookies to track the Buyer’s activity on the site, exclusively for the purpose of improving the personalized service offered.

For more information on cookies, click here.

9. INTELLECTUAL PROPERTY

All texts, comments, works, illustrations, works and images reproduced or represented on the site are protected under copyright as well as intellectual property for the duration of the protection of such rights worldwide.

As set out in the Code of Copyright and Related Rights, only private use is permitted, without prejudice to any further provisions restrictive provisions contained in the Code.

It is expressly forbidden to reproduce or represent the site and/or elements that are on the site, in whole or in part, subjecting the violators to legal actions.

Some products are subject to personal and specific usage rights that govern copying, public broadcasting and rental. The Buyer must comply with the contractual conditions applicable to these Products and BAILHA® cannot be held liable for uses made of these Products in this context.

10. RESPONSIBILITY

BAILHA® ’s liability towards the Buyer can only be attributed to facts that are directly related to it and cause direct damage. BAILHA® cannot be held responsible for the defective use of the Online Shop by the Buyer.

The Buyer is solely responsible for the use of the online store, committing to guarantee the compensation and compensation of BAILHA® for any damage, loss, lost profits that it may suffer in the event of being attributed to it any liability by third parties.

11. PARTIAL NULLITY

If one or more determinations of these Terms and Conditions of Purchase are held invalid by application of law or a final decision of a competent court, the remaining determinations shall remain valid and effective.

12. APPLICABLE LAW

These Terms and Conditions of Purchase, as well as the contracts of sale concluded under them are subject to Portuguese law. Any dispute concerning its interpretation and/or execution is subject to the jurisdiction of the Portuguese courts.

These Terms and Conditions of Purchase were updated on 14.08.2024.

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