Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE/APPLICATION AND PURCHASING OUR GOODS/SERVICES
1.1. These conditions are intended to regulate the terms and conditions governing the access and use of this website http://jocasori.pt, represented by the legal person Jocasori – Têxteis, Unipessoal Lda., with the identification number of legal person 507986466 and headquartered at Quinta do Lameirinho, Lots No. 24 and 25 4835-326 Guimarães, hereinafter referred to as Jocasori.
2. Using this website implies acceptance of these terms and conditions. If you do not agree, we recommend that you report us to the email firstname.lastname@example.org and do not use this website.
1.3. The user assumes responsibility for the use of this website following the rules present in the terms and conditions and in accordance with the legislation in force in Portugal.
2.1. The interpretation of these terms and conditions is exclusive to Jocasori, which reserves the right to modify them at any time.
2.3. Each time you use the website, please check the terms and conditions and ensure you understand them.
2.4. Jocasori reserves the right to accept the customer within the above conditions or to reject any order it deems unenforceable. However, in all situations, the customer will be notified and will not have any type of loss.
3. Information on products, prices and contents
3.1. The information and contents of the website are provided for general informational purposes and are not intended to be or constitute any advice.
3.2. Jocasori reserves the right to modify, without prior notice and at any time, the information and commercial offer presented.
3.3. The images that illustrate the products on the Jocasori website may differ from the products later delivered.
3.4. The website may contain information and descriptive content of the products that are the responsibility of the respective manufacturers and distributors. The information is provided without warranty of any kind, express or implied, generic or specific, regarding the results or suitability for a particular purpose, and may contain errors, including typographical errors, or omissions.
3.5. Promotions may be limited to existing stock.
3.6. The articles presented on the site are subject to stock availability.
3.7 The information and product listings on this website may contain typographical errors or be inaccurate and may not be complete or up to date. Therefore, Jocasori reserves the right to correct all errors, inaccuracies or omissions, and to change or update information at any time without prior notice (including after the customer has placed his order). Please note that such errors, inaccuracies or omissions may relate to product discretion, pricing and/or availability. Jocasori also reserves the right to limit or restrict quantities of products for any reason, including, without limitation, if the product violates any terms of this agreement.
When prices are displayed on our website:
4.1. The prices of the products will be expressed in euros.
4.2. Under Portuguese law, all prices shown on Jocasori, except for spelling errors, publication errors or out of stocks, include the respective VAT rates in force, unless otherwise stated.
4.3. Prices and products may change at Jocasori’s discretion. Jocasori may occasionally offer promotional discounts.
To make any purchase, the user must go in person to the warehouse where he can choose the products. However, the customer may contact Jocasori through the telephone contact available on the website or to the email address email@example.com, in order to check the existing stock.
6.1. The goods will only be delivered upon payment by cash or bank transfer, according to conditions agreed with the customer.
6.2. Payments are received in euros, regardless of the currency in which the transaction is carried out, the conversion fees for payments made in other currencies will have to be borne by the customer.
6.3. Non-payment on the invoice due date implies the debit of late payment interest in accordance with the legislation in force.
7.1. The products can be collected directly by the customer from the Jocasori warehouse within 2 to 14 working days.
7.2. Jocasori may also deliver the products to the customers’ premises through a third party contracted for this purpose, the customer being responsible for the shipping costs. The cost will be calculated based on the weight of the order and the values charged by the carrier at the time.
8. Legal guarantee and other guarantees
8.1. Pursuant to Decree-Law No. 84/2021, of 18 October, the goods supplied benefit from a 3-year compliance guarantee period from the date of delivery.
8.2. The customer agrees that Jocasori may, at its sole discretion, terminate this contract, including, without limitation, the cancellation of its use of the website.
8.3. Jocasori may also, in its sole discretion and at any time, stop providing the website, or any part thereof, with or without prior notice. The customer agrees that any cancellation of his access to the website under any provision of this contract may be made without prior notice.
8.4. The user agrees that Jocasori will not be liable to the user or third parties for any cancellation of the user’s access to the website. If the user objects to any terms and conditions of the contract, or is in any way dissatisfied with the website, the only recourse will be the immediate interruption of their use of the website and/or the cancellation of their account. For this purpose, the user must send an email with such request to the email address firstname.lastname@example.org.
8.5. Termination of this contract does not affect the respective rights and obligations of the parties (including, without limitation, payment obligations) arising before the termination date.
8.6. Jocasori does not issue any guarantee:
• That the website or its content will satisfy the user’s needs;
• That the website or service will be continuous, timely, secure or error-free;
• That the quality of products, services, information, or other materials on the website will meet user expectations;
• Regarding unauthorized access or use of our secure servers and/or personal and/or financial information stored on them;
• Regarding any bugs, viruses or the like that may be transmitted to or through our services by any third party;
• There is the possibility that references and links to products or services from independent companies may appear on the website. These references and links are provided without warranties of any kind, either express or implied.
• That the images of the products presented on its website correspond exactly to reality, having a merely illustrative character.
8.7. The user agrees that Jocasori will have no liability for damages incurred by the user in relation to the website or any content on the website. The user expressly agrees that the risk of using this website, including all content, data or software distributed by the website or downloaded or accessed from or through it, is solely at the User’s expense. The user understands and agrees that he will assume all responsibility for all damages caused.
8.8. Neither Jocasori nor its corporate officers, employees, administrators, agents, suppliers, or any other party involved in the creation, production, transmission or distribution of Jocasori services or related services will under any circumstances, including, without limitation, in the event of their own negligence, responsible for any loss or compensation for damages of a direct or indirect nature, including, without limitation, compensation for loss of profits, provision, use, data or other intangible losses (even if Jocasori has been informed the possibility of such indemnification obligations), as a result:
• The use or impossibility of using the website;
• The cost of acquiring goods and services to replace any goods, data, information or services purchased or obtained, or messages received;
• Unauthorized access to user transmissions or data, or alteration of such transmissions or data;
• Third party statements or conduct on the website or,
• Any other issue related to the website.
9. Right of free termination of the contract
9.1. When entering into a contract as a consumer, the user has the legally established right to terminate the contract within 14 days of its conclusion, without having to indicate any reason for his decision.
9.2. The free withdrawal period expires 14 days after the date on which you, or third parties (other than the carrier) designated by you, receive the products in hand. If an order for several products has been placed and they are delivered separately, the 14 days will count after the last product of that order is received by hand.
9.3. To exercise the right of free termination of the contract, the user can notify Jocasori through the contacts available on the website or to the email email@example.com, informing us of his decision to terminate the contract through an unequivocal statement (for example , a letter sent by email).
9.4. You can also use the model withdrawal form in the annex to this document.
9.5. Note that the user may exercise his right of free resolution by any means, and the use of any of the aforementioned means is not mandatory.
9.6. In order to comply with the period for free termination of the contract, it is sufficient for you to send us your communication informing us of the exercise of your right of withdrawal before the end of the period for exercising the right of free termination of the contract.
9.7. The exercise of the right of free resolution does not affect the user’s right to inspect, with due care, the nature, characteristics and functioning of the goods. If the handling carried out to carry out that inspection of the goods exceeds what is usually accepted in stores, the user will be responsible for the depreciation of the goods.
9.8. With the exercise of the right of free resolution, the price paid for the goods will be refunded to the user, less the amount corresponding to their depreciation, if any.
10. Refund in case of free termination of the contract
10.1. You are entitled to a refund of the amount paid for the products, including the costs of delivery to the original place of delivery (with the exception of additional costs resulting from choosing a type of delivery other than the least expensive standard delivery type provided by us) without any unjustified delay and, in any case, within a maximum period of 14 days from the day on which we were informed of the decision to terminate the contract.
10.2. The refund is made using the same payment method used to place the order, the user will not be responsible for any fees resulting from said refund.
10.3. Notwithstanding the foregoing, we may withhold the refund until the products are returned, or until we are provided with proof of delivery of the products to be returned, whichever is made available first.
11. Return of products in case of free termination of the contract
11.1. The user must, within 14 days from the date on which he has communicated his decision to freely terminate the contract, return and deliver the products to Jocasori, through the contacts available on the website, presenting the respective purchase invoice as well as the as proof of request for free resolution.
11.2. The user is responsible for the direct cost of returning the products, except in cases of delivery of the same directly to the address indicated above.
11.3. The user must keep the goods in order to be able to return them under the proper conditions of use.
12. Return of defective products
12.1. The customer is entitled to a refund if the products supplied are found to have defects or other non-conformities in relation to the products ordered. The user has 2 months to detect the defect. The return can be made within 14 days after notification of the defect, pursuant to 11.1., and the product must keep the identification tag.
12.2. We will analyze the returned product and inform the user of the right to a refund (if applicable).
12.3. If the defect or non-compliance is confirmed as justifying the return, the full amount paid will be refunded. The refund is made using the same payment method used to place the order, the user will not be responsible for any fees resulting from said refund.
12.4. Alternatively, the product can be returned by express courier arranged by us. As legally established, instead of canceling the contract (and consequent return of the good and refund), you can also choose to replace the product or to reduce the price accordingly.
12.5. The refund of the price, the replacement of the product, or the appropriate reduction of the price paid will be carried out as soon as possible and, in any case, within a maximum period of 30 days after the of the user.
12.6. Amounts paid for products returned for damage or defects will be refunded in full, including delivery costs related to shipping the item and the costs of returning the item later. Refunds will always be made using the same payment method used to make the purchase.
13. Right of withdrawal and return of orders outside Portugal
13.1. If you have ordered items from another Member State of the European Union outside Portugal through this website, we inform you in advance that the transport determined by us can only be carried out to delivery addresses within Portugal.
13.2. We also inform you that we are under no circumstances obliged to pay shipping costs to addresses other than the original delivery address, nor return costs to destinations outside Portugal.
14. Return for withdrawal
14.1. The customer may, if not satisfied with the products supplied, return them within 14 days of receipt.
14.2. However, the right to return only occurs, provided that the products: have not been washed or used; keep the original characteristics and the packaging is not damaged (packages opened carefully will not be considered damaged); are complete; have not been tampered with and retain the identification tag.
15. User Responsibility
15.1. By using the website, you confirm that you accept these terms and conditions of use and that you undertake to comply with them.
15.2. If you do not agree with our terms and conditions of use, you must not use the website.
15.3. The risk of using this website by the user is solely at the user’s expense. This website and the information, services, products, programs and materials available through it are provided as-is and as available.
In order to facilitate accessibility to other contents, the Jocasori site may include links to other sites on the Internet. This does not mean that Jocasori supports these sites or recommends these products and services and declines any responsibility for their content. The user who accesses an external link must read and accept the conditions of that site before using it.
17. Statistical log files
17.1. The IP addresses of all connections made to the Jocasori website are recorded. This information will be used to perform aggregated statistical analyses.
17.2. The information will be analyzed in aggregate and anonymous form. The data used for this purpose does not contain personally identifiable data or private information.
17.3. The analyzes carried out from the aggregated statistical information will be carried out to interpret the patterns of use of the site and to continuously improve service levels and user satisfaction. The aggregated statistical information resulting from the analyzes carried out may be disclosed to third parties or publicly.
18. Other applicable terms and conditions
19. Disputes and responsibilities
19.1. In the event of a dispute, the Court of the Comarca de Guimarães is understood as having jurisdiction.
19.2. In the event of a dispute, we inform you that the consumer can resort to the entities for the alternative resolution of consumer disputes identified on the consumer portal, on the website www.consumidor.pt.
19.3. For the resolution of any and all disputes arising from the interpretation or execution of these terms and conditions, the Portuguese legislation in force will apply.
20. Complaints book
20.1. Complaints (or expressions of dissatisfaction, or suggestions) may be submitted to Jocasori by any usual means, without formal requirements, and completely free of charge.
20.2. You can send your complaints, suggestions or compliments to firstname.lastname@example.org and we will respond within 10 days.
20.3. Complaints can be made in the electronic complaints book available at www.livroreclamacoes.pt.
RESOLUTION FORM TEMPLATE
(Fill out and return this form only if you want to withdraw from the contract)
For Jocasori – Têxteis, Unipessoal Lda., with corporate identification number 507986466 and headquartered in Quinta do Lameirinho, Lotes Nº 24 and 25 4835-326 Guimarães (email email@example.com)
I hereby inform you that I terminate my sales contract for the following items:
Ordered in / received in (*)
Consumer signature (only if this form is notified in paper format)
(*) Delete as appropriate