Terms & Conditions
1. INTRODUCTION
This website operates under the name Klay & Mary, owned by Clara Maria Lemos, with a professional address at Rua São Vicente N 435, 4650-502 Sousa,
Felgueiras, Portugal. tax identification number 210910178, and email: info@klay&mary.com.
2. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or data provided by the client will be processed in accordance with the provisions of the Privacy Policy. By using this website, the client consents to the processing of such information and data and declares that all information or data provided to us is true and corresponds to reality.
3. USE OF OUR WEBSITE
By using our website and/or placing orders through it, the client agrees to:
3.1. Use this website only to make legally valid inquiries or orders.
3.2. Not place any false or fraudulent orders. If we reasonably suspect that such an order has been placed, we reserve the right to cancel it and inform the relevant authorities.
3.3. Provide us with your email address, postal address, and/or other contact details truthfully and accurately. You also consent to the use of the provided information to contact the client if necessary.
If you do not provide us with all the necessary information, we cannot process your order.
By placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter contracts.
4. CONTRACT FORMATION
To place an order, you must follow the online purchasing procedure, and at the end, you must read and accept these Purchase Conditions. By doing so, you are entering into a purchase and sale contract with us (the “Contract”). You will subsequently receive an email acknowledging receipt of your order (the “Order Confirmation”).
5. PRODUCT AVAILABILITY
The items presented on this website are subject to availability confirmation and delivery by Klay & Mary. In this sense, if there is any difficulty regarding the supply of products or if items are out of stock, we will immediately inform you of the unavailability, and if desired, you may request a refund of the payment or, alternatively, we reserve the right to refund at our discretion.
6. DELIVERY
Without prejudice to the provisions of the previous Clause regarding product availability, and unless extraordinary circumstances arise, we will attempt to ship and/or deliver the order as quickly as possible.
On average, we ship orders within 72 business hours after confirmation, and therefore, delivery to the customer occurs on the following business days.
For orders to be collected at our premises (Rua São Vicente N 435, 4650-502 Sousa,
Felgueiras, Portugal), they are also subject to our notification that the purchased products are available for collection.
However, delays may occur for any of the following reasons: a) customization of products; b) specialized items; c) unforeseen circumstances; or d) delivery area issues.
7. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The risks of the products will be borne by the customer from the moment of
delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due for them, including shipping costs, or at the time of delivery (as defined in the preceding Clause), if this date is later.
8. PRICE AND PAYMENT
The price of each product will be as stipulated from time to time on our website, except in cases of obvious error. Although we try to ensure that all prices on the website are correct, errors may occur.
If we discover an error in the price of any products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order with the correct price or canceling it.
If we are unable to contact you, the order will be canceled, and you will be refunded the full amount paid.
We will not be obligated to provide you with any product at the incorrect lower price (even if we have sent the Shipping Confirmation) if the price error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on this website include VAT but do not include shipping costs, which will be added to the total amount owed, as explained in our Shipping Costs chapter.
Prices may be changed at any time, but (except as provided above) such changes will not affect orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all the items you wish to purchase will be added to your shopping cart, and the next steps will be the completion of the order. To do so, you must follow the steps of the purchasing process, filling in or verifying the information requested in each step.
Payment can be made by debit and credit card, ATM references, bank transfer, and MBWAY.
9. SHIPPING COSTS
Klay & Mary ships its products to the entire national territory (as well as to any country where postal services can deliver). However, an additional amount will be charged, calculated, and provided at the time of completing the order, as shipping costs.
For orders of €70.00 (seventy euros) or more, to be delivered in mainland Portugal, shipping costs will be free if the shipping weight limit below is not exceeded.
Shipping costs are based on the weight of the product and the order. Mainland Portugal:
• 0kg to 1kg – €4.9
• 1.01kg to 3kg – €5.4
• 3.01kg to 5kg – €6.25
• 5.01kg to 10kg – €7.5
• 10.01kg to 15kg – €10.2 • 15.01kg to 20kg – €12.5 • 20.01kg to 25kg – €13.1 • 25.01kg to 30kg – €15.2
Islands of Portugal:
• 0kg to 0.499kg – €4.2 • 0.5kg to 1.99kg – €6.9 • 2kg to 4.99kg – €8.5
• 5kg to 8kg – €12.6
Orders are sent by registered mail for the islands and Gigante Express for mainland Portugal and the EU.
10. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force, except for intracommunity transactions that meet the legal exemption requirements.
11. EXCHANGE & ORDER CANCELLATION POLICY
11.1 Right of withdrawal from the contract
In accordance with applicable regulations, if you are contracting as a consumer, you have the legally established right to withdraw from the contract within 14 days of its conclusion without giving any reason.
The withdrawal period will expire after 14 days from the day you (or a third party other than the carrier indicated by you) physically acquire multiple items in an order delivered separately; 14 days from the day on which you (or this third party indicated by you) physically acquired the last product.
To exercise the right of withdrawal from the contract, you can contact us by email or registered letter, informing us of your decision to withdraw from this contract.
The consumer may, however, exercise the right of free termination by any means, and is not required to use any of the aforementioned means. To comply with the deadline for free termination of the contract, it is sufficient to send your communication regarding your exercise of the right of termination before the contract termination period expires.
Despite the general free exercise of contract termination being free of charge, the customer is responsible for the costs of return.
If the customer terminates the Contract, we will refund the amount paid for the products, and any other payments received with respect to the contract (except for return costs if applicable), without undue delay and provided that it does not exceed the deadline of 14 days, starting from the day when you were informed of your decision to terminate this contract.
We will make the refund using the same form of payment that the customer used for the original transaction. In any case, the customer will not pay any fees resulting from this refund.
Despite the above, we may withhold the refund until we receive the products back, or until the customer provides evidence that they have been returned. After the delivery of the order, if the customer exercises the right of termination of the contract and makes a return, we cannot assume the risk of the return packaging when it refers to causes not attributable to Klay & Mary, notably losses.
Similarly, the customer is responsible for the content of the return package.
In the event of an error in the content of the return package not attributable to Klay & Mary, we have the right to charge the costs associated with the corresponding return to the customer, if applicable.
All rights recognized by current law will be safeguarded. In the case of cancellation, and where the order has not been dispatched, there are no costs associated. It is only requested that such cancellation be made by email to info@klay&mary.com.
Klay & Mary commits to refund the User within a maximum of 15 working days 11.2 Warranty of Conformity and Defective Products
All our products have the mandatory legal warranty period.
In cases where you consider that, at the time of delivery, the product does not comply with the contract provisions, the consumer customer must contact us within a period of 30 days, via our email, indicating the details of the product and the damage suffered.
As legally established, instead of canceling the contract (and consequent return of the good and refund), you may also opt for the replacement of the product, or for an appropriate reduction of the price.
The refund of the price, replacement of the product, or appropriate reduction of the price paid for the item must occur as soon as possible and, in any case, within 30 days from the date of delivery of the good.
The amounts paid for the products returned due to any damages or defects will be refunded in full, including the delivery costs incurred with the shipping of the item and the costs of returning them.
The return should be made by the same means of payment that was used to pay for the purchase. All rights recognized by current law will be safeguarded.
12. INTELLECTUAL PROPERTY
The customer acknowledges and agrees that all copyrights, trademarks, and other intellectual property rights in the materials or content provided as part of the website are at all times owned by us or those who have licensed us to use them. The customer may only use this material in the manner expressly
authorized by us or our licensors. This does not prevent the use of this website to, as necessary, copy information regarding your order or Contract details.
13. VIRUSES, HACKING, AND OTHER CYBER ATTACKS
You must not misuse this website by knowingly introducing viruses, Trojans, or
any other technologically harmful or damaging material.
You must not attempt to gain unauthorized access to this website, the server on which this website is stored, or any server, computer, or database connected to our website.
You are committed not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may result in violations as defined by applicable law.
We will inform the relevant authorities of any such breaches and will cooperate with them to identify the perpetrator.
In the event of a breach of this clause, you will also cease to be authorized to use this website.
We will not be liable for any loss or damage caused by a denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, data, or other proprietary material due to your use of this website or due to your downloading of any content on it, or on any website linked to it.
14. LINKS FROM OUR WEBSITE
If our website contains links to other sites and materials from third parties, these links are provided for your information only, without us having any control over the content of those sites or materials.
Accordingly, we accept no liability for any damages or losses due to their use.
15. WRITTEN COMMUNICATION
Applicable law requires that some of the information or communications we send to you should be in writing.
By using this website, you accept that most communications with us will be electronic.
We will contact you by email or provide information by posting notices on this website.
For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide electronically comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
16. NOTICES
Notices to the customer should be sent, unless otherwise specified, by email or to the postal address provided at the time of the order.
To prove that the notice has been made, it is sufficient to show, in the case of a letter, that the address was correct, that it was properly sealed and that it was duly delivered to the post office or placed in a mailbox, and in the case of an email, that it was sent to the specified email address of the recipient.
17. FORCE MAJEURE
We will not be liable for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
Force Majeure Events include any act, event, non-occurrence, omission, or accident beyond our control and includes, but not limited to, the following:
General strikes, or other forms of protest that significantly affect the country.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
Our obligations under Contracts are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period.
We will use reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract can be performed despite the Force Majeure Event.
18. WAIVER
The absence on our part to require strict performance of any of your obligations under a Contract or these Conditions, or the failure to exercise any of the rights or remedies to which we are entitled under the Contract or these Conditions, shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions or of any rights or remedies arising from the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
19. APPLICABLE LAW AND JURISDICTION
The use of our website and any purchase contracts entered through this website are governed by Portuguese law, with Portuguese law chosen as competent to apply in all cases not otherwise provided for here.
Likewise, the Portuguese courts are recognized as competent to resolve any disputes, with express waiver of any other jurisdiction.
This provision does not affect other rights recognized to consumers by current legislation.
