These terms and conditions set out the legal terms that apply to the use of our website http: //www.safeandcare.pt, any of its subdomains and other websites operated by us or on our behalf and any mobile or desktop application developed by us or on our behalf (together, the ” Sites ” and ” Site “, being a reference to any of them) and the other services we provide (the ” Services “), as well as the products we sell (the ” Products “).
Read these Terms and Conditions carefully and make sure you understand them before using our Services and purchasing the Products. Please note that by using the Services or purchasing the Products you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Services or purchase our Products and you must leave the Site immediately. If you continue to use the site or purchase the products, we will consider this as your acceptance of these Terms and Conditions.
1) Understand these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the beginning of a sentence). When a defined term is used, it has the meaning assigned to it in the Terms and Conditions section where it was defined (you can find these meanings by looking at the phrase in which the defined term is included in quotation marks).
When we refer to “we” or “our”, we mean SAFE&CARE XXXXXX. When we refer to “you”, “you” or “your”, we mean the person who uses our Services and purchases our Products.
We use headers to help you understand these Terms and Conditions and to locate information easily. These Terms and Conditions are available in English and Portuguese. We will not file copies of contracts between us and you in relation to the provision of the Services or the sale of Products; we therefore recommend that you print out or keep a copy of these Terms and Conditions in your records (but please note that we may change these Terms and Conditions from time to time; therefore, please check the website regularly and whenever you use the Services to order products, to ensure you understand the legal terms applicable at that time).
2) About us
We are SAFE&CARE XXXXX and operate the website. We are a registered company in Portugal and our head office is located at Rua XXXXXXXXXX. Our VAT number is PTXXXXXXX.
We provide you with Services and Products through the Site. More details about the services and products we provide are described in section 3 below. 3)
3) Services and products
The services we offer you allow you to search the site and purchase non-branded products produced by some of the major European textile factories selected by us. As part of the Services, we also provide some ancillary services, such as organizing the delivery of products and providing customer service free of charge.
Please note that the delivery logistics service is being provided by us and as such you are contracting out the delivery services provided by us. We may charge for these services, which will be shown at the end of the purchase and before the purchase of the products. Your contract with us is concluded as soon as the products are delivered to you.
Our responsibility to you in relation to services and products is if we fail to comply with these Terms and Conditions, we are liable for loss or damage suffered as a foreseeable result of our breach of these Terms and Conditions or negligence, but we are not liable for any unforeseeable loss or damage. Losses or damages are foreseeable if they were an obvious consequence of our violation or if they were contemplated by you and us at the time you started using the Services or completed the purchase of the Product. We do not in any way exclude or limit our responsibility for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation;• (c) any other liability which cannot be limited by law.
5) Product Details
We try to be as precise as possible in the description of the products displayed on the site. However, given the high level of specification of some items, such as the descriptions are based on information provided by factories partnering with our platform, we cannot guarantee that all details are always accurate, complete or error-free. Please contact us if you would like more information about a product. Product images on the site are for illustrative purposes only and although we try to display colors accurately, we cannot guarantee that the display of images on the computer will accurately reflect the true color of the products.
We do not offer defective items or products of inferior quality to the market standards corresponding to the sale on the site. If a requested item is not as described, faulty or of inferior quality, you can return it directly to the factory where it was originally shipped, following the information in the return policy, and we will evaluate the situation in which the factory that produced it. After the item is received by the Factory that produced it, you will receive a full refund for the defective product or, alternatively, a discount, replacement or repair of the item, whenever possible, agreed by us on a case by case basis. We will refund all applicable delivery charges and any reasonable costs incurred in returning the products, and you should observe the return process set out on the Orders and/or Returns page in your customer area. Please refer to section 10 below for details on how to arrange a return.
As a consumer, you have legal rights regarding the quality of products. Nothing in these Terms and Conditions will affect these legal rights.
The products sold by us are provided only for your home and private use. You agree that you will not use the Products for commercial, business or resale purposes except in situations specifically agreed between us and you. We have no responsibility to you for loss of profit, loss of business, business interruption or loss of business opportunity.
More information about the factories that produce the products you are buying from us is available on our partners/factories page.
6) Orders, prices and payment
The steps necessary to place an order are explained in the “How to order and pay” section of our “How to shop” page.
By completing the checkout process and placing an order, clicking the “Place order” button on the checkout page, you are completing the purchase of our products. Your order for the products is subject to these Terms and Conditions. All orders are subject to availability and confirmation. Once you have concluded the contract for the products with us, we will have a legal duty to supply goods that are in conformity with the contract. The legal title of the purchased product will pass to you after payment is accepted. The risk on the product will remain with SAFE&CARE until it is delivered to the address specified at the time of order.
To order products, you have a valid credit or debit card (see section (c) below for details on accepted payment methods). By placing an order, you confirm that all details provided are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The site allows you to check your order and correct any errors before completing a purchase. Take the time to read and check your order on each page of the process as you are responsible for ensuring that the information provided is accurate (e.g. products, quantities, size, colour, etc.).
When you complete a purchase, you will receive an email confirming receipt of your order. This e-mail constitutes acceptance of your request. The contract between us in relation to the Products is made after confirmation of payment. We will send you a confirmation e-mail, which will formalize the contract between us. The confirmation email will include a description of the products purchased in the order and some other information about your rights to cancel the contract (see section 10 below for more information about your rights to cancel the contract). Only the products listed in the shipping confirmation email are included in the contract.
a) Price and availability Although we try to make all details appear correctly on the site, this information is provided by the factories so there may be cases where errors occur. If there is an error in any price of a product you have ordered, we will inform you immediately to ask you to confirm or not your purchase for the correct price. If you choose to cancel and have already paid for the products, you will receive a full refund as soon as possible.
The prices of products and services are announced on the site. Delivery costs are not included in the price and will be charged. Delivery costs (which include VAT) vary according to the products you have requested and the delivery address you have introduced. See the “Orders and Shipments” section of our page for more details.
Depending on your delivery address, different tax rules may apply and additional amounts may be charged. If you are requesting a delivery to a country outside the EU, it may be necessary for you to pay import duties in order to receive the products or after you have received them. Contact your local customs office for more information and a “cost estimate at destination” before placing your order. Additional information is also available in the section “Duties and taxes”.
Please note that if you return a product, taxes and customs costs will be returned to you only if they were considered in the original price of the product. If they have not been included, then you will be responsible for requesting those figures from your Customs.
(b) Payment See “What payment methods are accepted” in our FAQ section for details of our available payment methods. For more information on when payment is made, please see our Frequently Asked Questions.
After we have checked the payment details and approved your order for delivery, we will send you an e-mail informing you of this. In the unlikely event that we encounter a problem processing your order, we will contact you.
We reserve the right not to accept or send your order if, for example, the product you ordered is out of stock, has been removed or for any other reason is not available, or we have not been able to complete your payment or you do not meet any eligibility requirements (e.g. you are at least 18 years old)
The estimated delivery time will be communicated in the order confirmation email. If you do not receive the estimated delivery time, we will deliver the order within 30 days. We provide the delivery service and will always try to ensure that the estimated delivery time is met. However, there may be circumstances beyond our responsibility that could delay the delivery deadline. If this happens, we will always try our best to get the products to you as soon as possible, but we will never be liable for any damage as a result of this delay.
The estimated delivery time may depend on product availability and your delivery address. The products will be shipped directly from the factory that produces them for you. Therefore, an order may have different packages and different delivery time estimates.
If there is no one available at your address to receive the package, our carrier will leave a note and you will have to contact them to reschedule the delivery.
Please read the information carefully on the Orders and Shipping page because it contains important information about your order and how it will be delivered.
xxxxxxxxxxxx Please check our Collection Points section for more information.
8) International delivery
In the Orders and Shipping section you can find information about the countries SAFE&CARE sends orders to. There may be restrictions on some products for certain countries, so please reread the information on the product page before placing your order.
If you buy products for delivery to international destinations, your order may be subject to extra charges that will apply when the package reaches its final destination. Please refer to section 7b (above) for more information on fees. You must comply with all applicable legislation in the country to which the products will be sent. We will never be held responsible for failure to comply with those same laws.
9) Return policy
Please visit our Returns Policy for more information on returns and exchanges. For more information about order cancellation, please read below.
Cancellation according to the Consumer Contract Regulation
Depending on the country where you live, you have the legal right to cancel your order. This means that during a certain period, if you change your mind or for any other reason do not want to keep your order, you can notify us of your decision and cancel it. After the return of the products, you will receive a refund of the payment including shipping costs. However, the shipping costs associated with the return will be your responsibility.
Except for some types of products referred to in the returns policy, you may cancel your order at any time before it is delivered to you or up to 14 days after the time you receive the products.
To cancel an order before you receive it, you must contact us by email.
If you cancel an order (in whole or in part) during the first 14 days after receiving it, you must return the products within a maximum of 14 days from the time of notification of cancellation.
If you cancel an order during the first 14 days, we will process the refund as soon as possible. In any case, your refund will be complete within a maximum of 14 days after receipt of the products at the factory and their approval.
10) Our website
This section sets out the rules that apply to your use of this Website (both to order products and to navigate). By using the site, it means you agree to these rules. If you do not agree, you cannot use the site and must leave immediately.
(a) Website access
The Website is made available free of charge and the user is responsible for accessing the Website. It is also responsible for ensuring that all persons accessing the Website through its Internet connection are aware of these Terms and Conditions and that they comply with them.
Access to the Website is temporarily permitted and does not include any commercial use of the Website or its contents. You may not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to change or remove the Website without prior notice and may restrict access to all or part of the Website. We will not be liable if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or make a purchase, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically comply with the legal requirements for written communications.
(b) User Conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You are responsible for all electronic communications and content sent from your computer and should use the Website only for legal purposes.
You should not use the Website for any of the following:
- In any way that violates an applicable local, national or international law or regulation. In any way that is illegal or fraudulent, or has any illegal or fraudulent purpose or effect. Send, use or reuse any material: (i) illegal, offensive, abusive, indecent, defamatory, obscene or threatening and/or (ii) in violation of copyright, trademark, trust, privacy or any other right, and/or (iii) detrimental to third parties and/or (iv) censurable and/or (v) which consists of or contains software viruses, political campaign, commercial solicitation, chain letters, mass mailings or any “spam”. Causing harm, annoyance, inconvenience or unnecessary anxiety to any person.
- Violation of these provisions would constitute a criminal offense under the Computer Misuse Act of 1990. We will, in accordance with any law or public order, report such violation to the appropriate authorities and disclose the user’s identity. If you breach any of the Terms and Conditions and/or any terms and conditions of Third Party Products and Services, you will be required to fully indemnify us from all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including interest, fines and legal or other professional fees granted or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
(c) Third party products and services on the Website
The Website may contain services and/or products (including complements and applications) offered by third parties. Your use of these third-party products and services may be subject to additional terms and conditions that we recommend you review before using these third-party products and services. We assume no responsibility or liability in connection with the use of any third party products and services. We reserve the right to suspend, withdraw, terminate and/or change your access to the sites and/or services, including but not limited to third-party products and services, if you breach the terms and conditions of third-party products and services. The use of third party products and services is entirely at your own risk.
We do not guarantee that any or all of the features of third party Websites, Services or Products and Services will work on any particular device.
(d) Website links
We are happy if you decide to make a link to the Website, but you must do so in a fair and legal manner that does not damage our reputation or take advantage of it (such as using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw a link permission at any time and if we ask you to remove a link to the Website, you should do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided solely for your information. We have no control over the content of these sites or resources and these links should not be construed as an endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.
(e) Our responsibility in relation to the Website
We may update or change the Website or its content at any time, but we are under no obligation to do so. Please note that this means that any content on the site may be out of date at any time. The content of the site is provided for general information only It is not intended to give advice you should trust. We make no representations or warranties, express or implied, that the Website or any content on it is accurate, complete, current or free from errors or omissions. To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to the Website, or any content therein, express or implied.
We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with: (i) use or inability to use the Website; or (ii) use or reliance on any content displayed on the site.
Please note that the Website is for domestic and private use only and, as such, we have no responsibility for loss of profit, loss of business, business interruption or loss of business opportunity.
We are not responsible for any loss or damage caused by viruses, denial of service attacks or other technologically harmful material that may infect your equipment, computer programs, data or other proprietary material due to your use of the Website, or for downloading any content on it or any linked site. We do not exclude or limit our responsibility for: 1. death or personal injury caused by negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability apply to the liability arising from the provision of the Services (as set out in section 4) and the supply of products by Partners.
12) Intellectual property, software and content
We own all intellectual property rights in our website and all its content (including text, graphics, logos, buttons, images, audio clips, digital downloads, data compilations and software, including the presentation and compilation thereof) (“Content”). The rights to the website and the content are protected by international copyright laws as well as any relevant national copyright, copyright and database rights laws. All this data is reserved.
You may not systematically extract and/or reuse parts of the Website or Content. In particular, you will not be able to use data mining, robots or data collection and extraction tools to extract (whether once or several times) for reuse from any substantial part of the website. You may not create and/or publish your own database combining substantial parts of the website (e.g. our prices and product lists) without prior written consent.
Except where expressly described otherwise, all persons (including their names and images), third party trademarks and third party product images, services and/or locations displayed on the Website are not associated, bound or affiliated with us. Any trademark/name highlighted on our Website is owned by the respective trademark owners.
13) Responsible purchasing policy
As a reputable and reliable company, we are committed to offering high quality products to our customers, recognizing the obligation to ensure that all our partners and other suppliers operate ethically. We expect all our partners and other suppliers to consistently provide an environment that protects the health, safety and basic human rights of their employees. All partners and other suppliers are expected to comply with their national employment rules and laws, in particular: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, non-discrimination, inhuman or cruel treatment, working hours, wage rates, and terms of contract. If we know this, we will never allow any partner to sell their products on our website if they come from countries that do not respect these principles. We encourage our partners to take these principles into account when dealing with their own supply chain. Due to the complexity of the nature of these partners and other suppliers in the supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we grow, we recognize the importance of being proactive and doing all we can to support the rights of those involved in product manufacturing.
14) Other important information
Severability: Each section and paragraph of these Terms and Conditions operates separately. If any court or competent authority decides that none of these are illegal or unenforceable, the remaining sections and paragraphs shall remain in full force and effect.
Disclaimer– If you violate these Terms and Conditions and we do not take any action or are late in doing so, that does not mean we waive our rights. We will remain authorized to use our rights and resources. If we do waive a violation by you, we will only do so in writing (signed by one of our directors), and that does not mean that we will automatically waive other violations on your part.
Entire Agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all prior agreements between you and us.
Events beyond our control – We and our partners will not be liable for any failure to perform or delay in performing any of our obligations to you if they are caused by an event beyond our control.
An event beyond our control represents any act or event beyond our control or the control of our partners being these: supernatural events, wars, terrorist attacks, embargoes, riots, strikes, blockades, trade disputes, fires, floods, earthquakes or any natural catastrophe, degradation, inclement weather, interruption of transportation, government action or public or private telephone failure, or transportation networks.
If any of these events occur and affect the performance of our obligations or those of our partners to you: (i) we will contact you as soon as possible to notify you; and (ii) our obligations and those of our partners to you will be suspended during the event. If the event affects the delivery of the products to you, we will contact you to arrange a new delivery on the date following the end of the event.
Claims – We have a complaint handling process that we will use to try to resolve complaints as soon as they exist. Please let us know if you have any complaints or comments. Please check the details on our support page so you can get in touch with us.
15) Government laws and jurisdiction
Any event related to your order, use of the Website or these Terms and Conditions are governed by Portuguese law. The courts of Portugal shall have exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.