Terms of service
1. INTRODUCTION
The website www.calviwholesale.com (here in after referred to as the ‘Website’) is registered under the ‘.PT Domain / Subdomain Registration Regulation’, with the Website registration no., and is the property of CONFECÇÕES CALVI, Lda., a Portuguese commercial company owned by it, registered with the Commercial Registry Office of Vizela under no. 500687480, with its registered office at Lugar dos Fundos, Vizela, Braga.
2. GENERAL PROVISIONS
This document governs the terms and conditions for using this website. These terms establish the rights and obligations of all users and of CALVI WHOLESALE with regard to the goods/services made available on this Website or on any other Website to which there is a link (CALVI WHOLESALE Services). These terms are subject to change, so please read them before placing any order. If you do not agree with these terms in full, you should refrain from making any purchase/order.
If you have any questions about the terms and conditions or privacy policies, you can contact us using our contact form.
3. USE OF THE SITE
The user undertakes to use this Website in accordance with the law, refraining from any activity that disrespects the law, morality and good practice or the rights of third parties. By placing an order through this Website, the user declares that they are 18 years of age and have the legal capacity to enter into contracts.
The user undertakes to comply with these Terms and Conditions of Use, in particular:
- Refrain from introducing, storing or disseminating through the Website defamatory, obscene, insulting, xenophobic content and/or any other content that violates the general principles of law and public order;
- Save, and not disclose, your login password on the Website to prevent third parties from accessing your CALVI WHOLESALE account;
- Do not use false identities;
- Provide correct personal data and addresses so that CALVI WHOLESALE can process orders correctly.
It is therefore expressly forbidden for users to transmit messages or information that are abusive, misleading, defamatory, infringing, obscene, or that violate in any way the right to privacy or the intellectual or industrial property of third parties, as well as providing any other information that may be harmful to third parties or to the owner of the Website.
CALVI WHOLESALE reserves the right to delete the user account that fulfils any of these situations.
CALVI WHOLESALE accepts no responsibility for any delay or inability to process the order, particularly in delivery due to error or insufficient data communicated by the user.
4. CREATING AN ACCOUNT
In order to access the full content and all the tools and functionalities of the Site, the User must create an Account with their company data, which will be stored and used to identify them.
Account creation requires CALVI WHOLESALE's consent to the use, storage and processing of personal data or company data.
Each Customer is authorised to create only one Access Account and CALVI WHOLESALE reserves the right to suspend or cancel any duplicate Access Account.
In order to complete their Access Account, the Customer declares that the information provided is complete, true, current and accurate, and they are fully responsible for updating the data in their Access Account.
If your data does not meet the registration requirements of our website, you will be blocked by default and subsequently contacted by one of our customer service agents to understand your needs and the possibility of meeting our registration requirements.
5. ORDERING
To place an order you must follow the online purchasing process. Please note that this does not mean that your order has been accepted. An order is merely a bid to buy one or more of our products. Any order is subject to its acceptance by CALVI WHOLESALE, which will always be confirmed by telephone contact by our customer service agents, where the entire purchase process and payment method will be explained, and then reconfirmed via e-mail.
6. ORDER REFUSAL
CALVI WHOLESALE shall not be liable to you or to any third party by virtue of our withdrawal of any product from this website, the alteration or deletion of any material or content on this website, or the refusal to process or accept an order after this has been applied to the sending of the Order Confirmation.
7. RIGHT OF FREE CANCELLATION
The user contracting as a consumer may freely withdraw from the contract within 14 days from the date of delivery of the products, except in the case of personalised products.
8. DELIVERY
Subject to its availability, CALVI WHOLESALE will make every endeavour to ensure that, except in exceptional circumstances, the products contained in a shipping confirmation are delivered to the user within the specified period. If, for any reason, CALVI WHOLESALE is unable to deliver on the scheduled date, the user will have the option of keeping the order, extending the delivery time or cancelling it against a full refund. For the purposes of these conditions, a ‘delivery’ shall be deemed to have been made or a product shall be deemed to have been ‘delivered’ when it is handed over to the carrier.
9. PRICE AND PAYMENT
The prices indicated on this Website do not include VAT (where applicable) and do not contain delivery costs, which will be added to the final price. Except in the case of obvious error, the price of the products will be that indicated at any given time on our Website. Although CALVI WHOLESALE< endeavours to ensure that all prices indicated on the Website are correct, errors may occur. If CALVI WHOLESALE discovers that the price of a product in an order is incorrect, it will inform the user as soon as possible, giving them the option of reconfirming the order at the correct price or cancelling it. In the absence of contact with the user, the order will be cancelled, and the user will be refunded the full amount of the order, if the user has already paid for it. CALVI WHOLESALE is under no obligation to supply any product at an incorrect price (if lower), even if a Dispatch Confirmation has already been issued, if the error is clear, unambiguous and must be identified by the user in reasonable circumstances. We reserve the right to refuse large or valuable orders. All prices and quantities available are subject to change at any time, but except as stated above, such change will not affect orders for which a Dispatch Confirmation has already been sent.
10. RETURN OF DEFECTIVE PRODUCTS
If the user considers that the product supplied at the time of delivery is not in accordance with the contract, they must immediately contact CALVI WHOLESALE via the electronic form or via our customer service agents, informing us of the condition of the product and its defects. CALVI WHOLESALE will inspect the returned product and inform you of your right to a replacement or refund (if applicable) within a reasonable time. The defective product will be analysed and refunded (if applicable) as soon as possible, within the legally established period of 30 days. Products returned by the user for reasons of non-compliance, if confirmed, will be refunded for the total amount paid, not including delivery costs and return costs. Any amount paid will always be refunded using the payment method used to purchase the product. These provisions are without prejudice to any rights of the user arising directly from the law.
11. PRIVACY POLICY
CALVI WHOLESALE respects your privacy. Any and all information collected on the Website will be kept confidential and will not be sold, provided or reused by third parties without your permission. Any information provided to us will be treated with care and used for the sole purpose of executing your order and improving your experience on our Website. - Privacy Policy.
12. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, works and images reproduced or represented on the website are duly protected by their copyright, worldwide. Therefore, and in accordance with the Code of Copyright and Related Rights, their use for private purposes will only be permitted, without prejudice to more restrictive provisions contained in said code. Any total or partial reproduction or representation of the website or all or part of the elements included therein is strictly prohibited, under penalty of recourse to the competent legal means against those who act in this way.
Corporate names, trade marks and any distinctive signs reproduced on the website are protected in accordance with the legal provisions applicable to industrial property. The total or partial reproduction or representation of such distinctive signs is strictly prohibited and is subject to the prior written authorisation of their owners. Certain products, such as software, are subject to specific personal use rights that regulate their copying, public dissemination and rental. The user must comply with the general conditions of sale of these products, CALVI WHOLESALE is not responsible for the improper use of these products.
13. COMMUNICATIONS
By making use of this Website, the user accepts that communication between him/her and CALVI WHOLESALE will mainly take the form of electronic mail and/or telephone through our customer service agents.
For contractual purposes, the user accepts this means of communication by electronic means and recognises that any contracts, notices, information and other communications that CALVI WHOLESALE transmits to him electronically satisfy the legal requirement that such communications be made in writing.This provision is without prejudice to any rights you may have arising directly from the law.All communications from the user to CALVI WHOLESALE must be made by any of the means available for the intended purpose.Without prejudice to clause 11, CALVI WHOLESALE may communicate with the user either by e-mail or by post to the address on the order.Any communication will be deemed to have been received when it is entered on the Website, 24 hours after an e-mail has been sent, or on the third day after the date of dispatch by post.In order to prove that a communication has been sent, in the case of mail, it is sufficient to prove that the letter was addressed correctly, sealed and delivered to the post office and, in the case of e-mail, that the same e-mail was sent to the e-mail address indicated by the user.
14. RESPONSIBILITIES AND EXCLUSIONS
From the moment of delivery, the risks related to the product supplied shall be in the name of the user. Ownership of the products supplied shall only pass to the user when CALVI WHOLESALE has received full payment of the sums due for the supply of the product, including delivery costs, or after delivery, whichever is the latter.
Without prejudice to the provisions of the preceding paragraph, CALVI WHOLESALE , to the extent permitted by law, and unless otherwise provided in these terms, we do not accept any liability or responsibility for any loss or damage, consequential damages, which may arise as a secondary effect of the loss or damage of the principal, even if derived from the commission of a civil offence, in contract or tort, including negligence), breach or not foreseeable, by way of example, of the title of the product:
- Loss of business;
- Loss of income or revenue;
- Loss of profits 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 error in the storage and transmission of digital information, CALVI WHOLESALE does not guarantee the accuracy and security of the information transmitted or obtained through it, unless expressly stated otherwise herein. All product descriptions, information and materials contained on this Website are provided in their precise terms (‘as is’) and without any express, implied or consequential warranty of conformity for any reason whatsoever. CALVI WHOLESALE does not assume, to the fullest extent permitted by law, any warranty of any kind without, however, excluding any liability that cannot be legally waived in the context of consumer rights. Nothing in this clause prejudices the user's legal rights as a consumer and does not affect their right to freely terminate the contract.
15. FORCE MAJEURE
CALVI WHOLESALE shall not be liable for failure to fulfil or late fulfilment of any obligation under the contract due to an event beyond its reasonable control (‘force majeure event’). A force majeure event comprises any event, act or omission beyond the reasonable control of the seller and includes in particular (but not exclusively) the following:
Strikes, lock-outs and other industrial action;
Civil unrest, riots, invasion, terrorist attack or threat of terrorist attack, War (declared or not) or threat of preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
*Inability to use rail, sea, air, road or other public or private means of transport;
Inability to use public or private telecommunications networks;
Government laws, decrees, regulations or restrictions;
Any strikes, interruptions or accidents affecting the relevant postal or transport services.
CALVI WHOLESALE's obligation to fulfil any contract will be suspended for the duration of a force majeure event and will give rise to an extension of its duration equivalent to that duration. CALVI WHOLESALE will use reasonable endeavours to put an end to a case of force majeure, or to find a solution that allows it to fulfil its contractual obligations despite the existence of a case of force majeure.
16. WAIVER RIGHTS
If CALVI WHOLESALE , at any time during the term of the Contract, declines to insist on the strict fulfilment of any obligation for which the user of the result of the Contract or these Terms and Conditions, or to exercise any right or power to put an end to the failure, it does not constitute a waiver of such rights or remedies and will not release it from the fulfilment of its obligations.CALVI WHOLESALE's waiver of the exercise of any right or remedy in the event of a particular breach by the user does not mean a waiver of rights or remedies in the event of a subsequent breach. CALVI WHOLESALE's waiver of any right arising from the contract or these Terms shall only be effective if it is set out in a written communication sent to the user in the form provided for in the communication clause, in which the user expressly states their waiver.
17. REDUCTION
The declaration of invalidity, illegality or ineffectiveness by a competent authority of any of the provisions of these Terms and Conditions shall not affect any of the other provisions, which shall remain in full force and effect.
18. CONCLUSION OF THE CONTRACT
These Terms and any document referred to therein constitute the entire agreement between CALVI WHOLESALE and the customer with regard to the subject matter of the purchase contract and supersede any other agreement, understanding or promise previously entered into between CALVI WHOLESALE and the customer, either orally or in writing.
Both parties recognise that, in entering into this Contract, neither party has relied in its position on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between the parties prior to entering into the Contract, except as expressly stated in these Terms.Neither party may rely on the fact that the other has made a false statement, either orally or in writing, prior to the conclusion of a contract (unless such statement was made in fraud) and may only rely on the rules of breach of contract resulting from these Terms.
You must not transfer, assign or incur your contractual position, or otherwise dispose of the contract or any rights or obligations arising from it, without the prior written consent of the seller.
The contractual commitment is valid for you and us, as well as for our successors, persons who have benefited from transfers made by the USA and heirs. You may not assign, waive, encumber or otherwise transfer a contract or any rights or obligations arising therefrom without our prior written consent.
The seller may transfer, assign or impose its contractual position, subcontract or otherwise dispose of the contract or any rights or obligations arising therefrom at any time during its term. However, no transfer, assignment or encumbrance of such position, or act of disposing of a contract, may have the effect of limiting your statutory rights as a consumer or cancelling, reducing or limiting in any way any warranty provided by the Seller to you, whether express or implied.
19. APPLICABLE LAW AND ALTERNATIVE DISPUTE RESOLUTION
Contracts for the purchase and sale of products through this website are governed by Portuguese law.
Any dispute arising out of or in connection with such contracts is subject to the non-exclusive jurisdiction of the Portuguese courts.
The provisions of this clause shall not prevail over any legal rights of the user as a consumer.
In this regard, if the transaction has been concluded through our website, we inform you - in accordance with EU regulation no. 524/2013 - that you have the power to resolve any dispute out of court by accessing the electronic online dispute resolution platform, by e-mail http://ec.europa.eu/consumers/odr/.
You can consult the up-to-date list of Alternative Dispute Resolution organisations available under the terms of Article 17 of Law no. 144/2015. Law no. 144/2015, of 8 September, on the Consumer Portal, via the website www.consumidor.pt.