Table of contents
Last updated on January 1st, 2019Download
a PDF version of these General terms of sale.
Article 01. Introduction
1.01 The following General terms of sale (hereinafter referred to as "Terms") govern the contractual relationship between Kiombo (hereinafter referred to as "Seller", "Kiombo", "we", "our", "ours", and "us") and any non-trading individual (hereinafter referred to as "Customer", "he", "his" and "him") placing an order (hereinafter referred to as "Order") for products (hereinafter referred to as "Products") on the website www.kiombo.com (hereinafter referred to as "Website").
1.02 For the application of these Terms, it is agreed that the Seller and the Customer are individually referred to herein as "Party" and collectively as "Parties".
which are posted on the Website before placing any Order.
1.04 If the Customer disagrees with any part of these Terms, then he shall not purchase on the Website.
1.05 The headings in these Terms are for convenience only and shall not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
1.06 All references to the singular shall include the plural where applicable, and vice versa.
1.07 Any references to a particular gender are intended to and shall be construed as including both the masculine and the feminine genders.
is incorporated by reference into these Terms and constitutes an integral part thereof.
1.09 When placing an Order, the Customer should print
a copy of our Terms or download
them in PDF format for future reference.Article 02. Contract formation
2.01 The content of the Website does not constitute an offer but shall only be understood as a non-binding invitation for the Customer to submit an Order.
2.02 A contract (hereinafter referred to as "Contract") between the Parties for the purchase and sale of Products on the Website will only be formalized once an Order has been explicitly accepted by the Seller, and then paid in full by the Customer.
2.03 If these Terms are translated into a language other than English, the English language version shall prevail in case of conflicting interpretations.Article 03. Requirements for concluding the Contract
3.01 The Customer warrants that he is lawfully capable of entering into and form contracts on the Internet in accordance with the laws of his country of residence, and is at least sixteen (16) years old or hold a parental authorization allowing him to place an Order on the Website; Fullname, email address and phone number of the person giving consent shall be entered in the message box at the checkout.
3.02 The Customer can only purchase on the Website if he is a consumer within the meaning of the European Community law. If the Customer wishes to make purchases for Products intended for resale, we welcome him to contact us.Article 04. About us
4.01 The Website is owned and operated by:
- Susana Coelho Tschiffeli
- Trademark: Kiombo
- Tax identification number: 242 176 178
- Rua Casal Arraia 13
- 2530-060 Lourinhã
Article 05. Contact us
- Phone number: (+351) 969 247 826
- Email address: email@example.com
5.01 Any complaints, issues or questions about these Terms should be sent to us at firstname.lastname@example.org.
5.02 Messages are reviewed and answered during normal business hours, Monday to Friday, from 08h00-17h00 (GMT), except on New Year's Day, Good Friday, Easter Monday, Labor Day and Christmas Day (Portuguese calendar). In order to avoid unwanted calls from spammers and marketers, we do not answer the phone.Article 06. Products
6.01 All Products shown on the Website are subject to availability.
6.02 Minor color differences in Products are possible as a result of different image acquisition, display technologies or other technical reasons, and do not have a binding value; we are not liable for these slight differences.
6.03 All sizes of Products are approximate, and are provided for convenience purposes only; however we do make every effort to ensure they are accurate as possible.
6.04 Photographs and texts illustrating the Products on offer are not contractually binding.
6.05 No rights can be derived from typing errors, spelling variants or manifest errors on the Website.
6.06 In accordance with the terms of the European legislation, Products are covered by a legal guarantee of conformity.
6.07 All Products come with an identification tag attached with a disposable seal. When trying on the Products, the Customer should not remove or alter the tag or seal from the purchased Products should he wish to return the purchased Product.Article 07. Pricing
7.01 Prices listed on the Website are expressed in Euros (€), and include Portuguese value-added tax ("VAT"), currently 23 %; however VAT is not charged on shipments to non-EU countries.
7.02 All prices exclude shipping costs, and any applicable taxes and duties on shipment of Products to countries outside of the European Union ("EU").
7.03 Shipping costs will be clearly indicated to the Customer during the checkout process and included in the total amount due.
7.04 Prices for Products may change from time to time without prior notice. However, these changes will not affect Orders that have already been submitted.
7.05 Settlement of any sales taxes, custom duties, or import brokerage fees in the shipping country shall be borne by the Customer.Article 08. Orders
8.01 Fulfillment of all Orders on the Website are subject to acceptance.
8.02 The Customer must register an account in order to make purchases from the Website. He is responsible for maintaining the confidentiality of his password and restricting access to his account.
8.03 The Customer creates an Order by completing the following steps:
- a) The Customer chooses a Product, enters a quantity and picks up a color and a size from given ones, then clicks on the "ADD TO CART" button.
- b) In his shopping cart, the Customer can change the quantity and attributes and remove Products.
- c) The Customer clicks on the "BUY NOW" button to continue the purchasing process.
- d) The Customer signs into his account (if necessary, he gives his personal information and enters the shipping address).
- e) The Customer selects the preferred payment method and decides to purchase or not the additional shipping insurance coverage.
- f) The Customer reviews the summary of the Order, makes the necessary changes, and accepts the Terms by ticking the appropriate box.
- g) The Customer clicks on the "CHECKOUT" button to place the Order.
- h) After clicking on the "CHECKOUT", an "Order Confirmed" page will be shown to the Customer.
- i) The Customer will also will receive an automatic email from us acknowledging that we have safely received his Order.
- j) Within twenty-four (24) hours, we will sent to the Customer an email informing him that his Order has been accepted or rejected.
- k) If the Order is accepted, we will email to the Customer the payment instructions.
- l) The email (i) does not mean that his Order has been accepted; Any Order is subject to our acceptance.
- m) The emails (i), (j) and (k) will only be an acknowledgement and will not constitute an enforceable Contract.
8.04 Once the Order has been confirmed, the Seller will not be able to make any changes to that Order.
8.05 The total amount of the Order must be fully paid by the Customer to the Seller, and be transacted in Euros (€).
8.06 In the unlikely event of any discrepancy between the price set out in the Order, and the price stated on the Website, the Customer must contact the Seller immediately.
8.07 We reserve the right to reject any Offer of purchase by the Customer at any time, at our sole discretion.
8.08 We do not take Orders over the phone, via email or by fax.
8.09 An unpaid, confirmed Order will be canceled automatically after forty-eight (48) hours of confirmation, thus the Contract shall be deemed cancelled, null and void.
8.10 We may not accept the Customer's Order, among other things, if:
- i) The Product is out of stock.
- ii) The Product is incorrectly priced or described.
- iii) The Product does not satisfy our quality control standards.
- iv) The shipping address is invalid.
- v) The Customer is a reseller.
- vi) The Customer is not of legal capacity to enter the Contract.
8.11 Coupons are valid for a single transaction only.
8.12 Coupons can only be redeemed while they are valid. Their expiry dates cannot be extended; if the coupon has not been used within that period, it will automatically expire.
8.13 We reserve the right, in our absolute and sole discretion, to reject any coupon in the event of actual or suspected fraud in obtaining or using the coupon.
8.14 The Seller is not responsible for any harm due to the loss, unauthorised use or distribution of a coupon.
8.15 Coupons are non-refundable and cannot be exchanged for cash in part or full.
8.16 By purchasing Products on the Website, the Customer represents that the Products purchased will be used only in a lawful manner and for non-commercial use.
8.17 The Customer shall not enter incomplete, inaccurate and/or incorrect data during the checkout process.
8.18 The Customer shall not place any fraudulent, false or speculative Orders.
8.19 The Customer is solely responsible for the accuracy, truthfulness and completeness of the information provided to us.
8.20 By placing an Order on the Site, the Customer agrees to pay the Seller the full amount of the Order and declares having the ability and the financial resources necessary to meet his commitments.Article 09. No purchase for resale
9.01 Products sold on the Website are not intended for commercial resale.
9.02 If we believe the Customer is involved in purchase for resale, we reserve the right to take any action against the Customer, including, without limitation, to restrict sales to him.
9.03 The Customer agrees not to reproduce, duplicate, copy, distribute, resell, exploit or use our Products or any part of the Website for any commercial purposes.Article 10. Payment
10.01 Payment can be made by bank transfer or through PayPal.
10.02 We do not accept checks, money or postal orders, or cash on delivery.
10.03 Full payment must be made to the Seller prior to shipment.
10.04 If the Customer pays by bank transfer, it typically takes several days for the funds to be credited into our trading account. In the event that no payment has been received within five (5) calendar days after we have accepted his Order, such Order will be definitively cancelled.
10.05 All costs associated with a payment transaction shall be borne by the Customer.
10.06 We usually charge extra fees for any transactions via secured payment gateway providers. If applicable, these fees are clearly indicated to the Customer during the ordering process.
10.07 The Products remain our property until full receipt of the payment by us.
10.08 The amount owed by the Customer is the final price indicated on the Order's summary document.
10.09 The final price must be paid within forty-eight (48) hours from the date of order acceptance.
10.10 If the Order is not paid within forty-eight (48) hours from our approval email (see article 8, paragraph 8.3 (j)), we reserve the right to unilaterally and without prior notice cancel the Order made by the Customer, without that he is entitled to any compensation.
10.11 Once payment is actually received, it will take us five (5) business days to process the Order.Article 11. Shipping
11.01 We provide worldwide shipping.
11.02 All packages are shipped on business days (Business days do not include Saturdays, Sundays and Portuguese national holidays).
11.03 We do not ship to freight forwarding addresses, drop-off locations, post-office boxes or US APO/FPO/DPO addresses.
11.04 Campsites, prisons, hotels, hostels, or restaurants shall not be accepted as valid shipping addresses.
11.05 Orders are only shipped via registered mail through the Portuguese postal service (hereinafter referred to as "Postal Company").
11.06 Registered mail is automatically insured by the Postal Company up to SDR 30,00 (approx. € 36,00) against loss or damage.
11.07 If the Customer requires greater shipment insurance, such extra coverage may be arranged at an additional cost.
11.08 Packages are marked with the value of the Product as paid by him in legal accordance with international postal regulations.
11.09 We do not mark the Products as "Gifts" and enter the actual value of the shipment.
11.10 Orders are prepared and shipped with the utmost care and packed in order to preserve the Products during the transport operation.
11.11 Once we have shipped the Order out, we will send to the Customer an email notification with the tracking information.
11.12 The Customer bears full responsibility of the import taxtes and custom duties if applicable.
11.13 The information the Customer provides when ordering is binding. If there is an error in the Customer's personal details or shipping address, the Seller shall not be held liable for any potential inability to deliver an Order.
11.14 Shipping time frames are merely indicative guidelines; Sometimes parcels arrive sooner or take longer depending on the customs or the post office of the destination country.
11.15 We shall not be held responsible for delayed shipping times due to the Postal Company, including for loss of or damage to the Products.
11.16 Shipping rates are applied per Order, and depend on the country where the Order is being shipped to.
11.17 Upon delivery, the Customer shall inspect the packaging for any visible damage before signing for receipt; if the package appears damaged from the outside at the moment the shipment is delivered, the Customer shall refuse the shipment and the Postal Company will return the package back to us at no cost to him. The Customer shall inform us as quickly as possible, but not later than forty-eight (48) hours of receipt of his Order.
11.18 If the Customer discovers that the Products are damaged after delivery, he should notify us within fourteen (14) calendar days of receiving the package.
11.19 Shipping cost is non-refundable for undelivered, unclaimed, declined, refused or returned packages, unless we made an error or the package was reported to be damaged on the delivery receipt.
11.20 The Customer is responsible for checking all Products he ordered are received correctly against his Order.Article 12. Invoicing
12.01 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices, and the Customer agrees to such form of invoicing.Article 13. Right of withdrawal
13.01 The Customer, whatever his place of residence
, has the right to withdraw from the Contract within fourteen (14) calendar days without specifying any reasons nor paying any penalties, except for the costs of returning the Products.
13.02 The period of revocation begins on the day on which the Customer or a third party appointed by him, which is not the Postal Company, has taken physical possession of the Products or, in the case of partial shippings, the Products of the last shipping.
13.03 The Customer does not have a right of withdrawal from the Contract regarding the shipping of Products that are made to his own specifications or which are clearly tailored to his personal needs.
13.04 To exercise his right of rescission, the Customer must provide us, prior to the expiry of the withdrawal period, with a clear statement (letter sent by post or email to email@example.com) indicating his desire to rescind the Contract.
13.05 If the Customer uses his right of withdrawal, he has an obligation to return the Products to us without undue delay and no later than fourteen (14) calendar days from the day on which we received his notice of termination.
13.06 Should the Customer validly exercises his right of withdrawal, we shall reimburse to the Customer all payments received from him without undue delay and in any event not later than fourteen (14) calendar days of receiving his notification to termination of the Contract.
13.07 We will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless he has expressly agreed otherwise; in any event, he will not incur any fees as a result of such reimbursement.
13.08 We may withhold reimbursement until we have actually received the Products back.
13.09 The Customer bear the cost of returning the Products under the right of withdrawal, except where defective, damaged or faulty Products are sent.
13.10 No Products may be returned to us without our prior written agreement.
13.11 Products must be returned in their original condition and be complete.
13.12 The Customer must have his original sales receipt available in order to obtain a return authorization.
13.13 The Customer must take care of the Products whilst in his possession.
13.14 Any incomplete, damaged, worn, soiled or altered Products will not be refunded.
13.15 When sending the Products back to us by post, we highly recommend the Customer to use the registered post option with an insurance cover included, as we will not take responsibility for Products not received or damaged.
13.16 Once exercised the right of withdrawal, the Contract is legally dissolved.Article 14. Maintenance of Products
14.01 We draw the Customer's attention to the washing and maintenance instructions printed on the label of the Products; we shall not be liable for any damage resulting from incorrect handling of Products.Article 15. Guarantee of conformity
15.01 Our Products are guaranteed for two (2) years from the original date of delivery against defects in material or workmanship.
15.02 The guarantee (hereinafter referred to as "Guarantee") is only valid to the original Customer with a proof of purchase from the Website.
15.03 The Guarantee is not transferable.
15.04 The Customer must notify us of defects in writing within a period of sixty (60) calendar days from the date on which he detected such lack of conformity but in no event later than two (2) years after the receipt of the Products.
15.05 The Guarantee does not cover any defects due to accidents, improper fit, lack of proper care, negligence, force majeure, normal wear and tear, the natural breakdown of colors and materials over extended time and use, rips, tears, holes, burns, frictions, cuts, abrasions, pilling, or shrinking of the Product.
15.06 The Guarantee will be invalidated if the Product is used or washed in a manner that is not appropriate for the Product or in line with the instructions/warnings given in this respect by the Seller, or as specified in the reference presentation material, on the tags or on the labels.
15.07 Slight color variations between the purchased Product and its depiction on a computer display constitute no defect; Minor deviations in quality, size, shape and/or color are reserved within reasonable limits.
15.08 If a Product is defective, the Customer can file a complaint with us; to process this, we would need a brief description about how the defect has arisen, informative photos, with a short description. The defect must be clearly visible on at least one of the photos; the Customer shall send the photos via email. Only PDF, JPG, JPEG and PNG file types are accepted and the total size limit is five (5) MB; we kindly recommend the Customer to use either ZIP or RAR format when sending his pictures. Once we receive the photos, we will review the Customer's request as quickly as possible. The Customer will receive feedback from us within five (5) business days on how to proceed.
15.09 We will replace the defective or damaged Product if the conditions of this Guarantee are met; In case of impossibility of performance of replacement, the Customer has the choice either to return such Product for a full refund of the Order, inclusive of any reasonable return costs, or keep it and get a partial refund of the sale price of the defective or damaged Product.
15.10 Any refund will be issued using the payment method used for purchase.
15.11 Under no circumstances will we accept returns sent carriage due.Article 16. Return of customized Products
16.01 All customized Product is final sale.
16.02 We are unable to accept returns on customized Products, except in the case of manufacturing or material defects or incorrect Product sent to The Customer.Article 17. Shipping of Incorrect Products
17.01 In cases where we have erroneously sent a Product different to the one ordered, the Customer must contact us within forty-eight (48) hours from receipt to report the error.
17.02 The Customer is required to include a photo of the incorrect Product in his email.
17.03 No incorrect Product return will be accepted without our prior written approval.
17.04 Once we have verified the error, the Customer will have the choice of returning the incorrect Product for a replacement, obtaining the reimbursement of his Order or getting a partial refund of the sale price whilst keeping the Product.
17.05 Any Product replacement is subject to availability.
17.06 Return conditions set out in Article 13, subsections 13.11 to 13.15, of these Terms apply to replacements as well.Article 18. Exchanges
18.01 We do not offer exchanges; If the Customer wishes to exchange his Product for a different size, color or model, then he will need to place a new Order.Article 19. Intellectual property rights
19.01 All elements and Products on the Site are protected by intellectual property rights, including copyright law, trademark law, design rights, and sui generis rights.
19.02 No portion of the Website may be reproduced, duplicated, copied, sold, or otherwise exploited for any purpose without our prior express written consent.
19.03 Any unauthorized copy, reproduction, adaptation, derivative works, download or distribution of our Products is expressly prohibited and punishable by law.
19.04 Ownership and risk of loss or damage to the Products shall pass to the Customer on shipment completion.Article 20. Force majeure
20.01 We are not responsible for any failure or delay in performing or complying with our obligations under these Terms which arises from any cause beyond our reasonable control.Article 21. Indemnification
21.01 The Customer agrees to indemnify, release and hold us and our employees harmless from any claim, liability, loss, expense, including legal fees, or demand related to his breach of these Terms.Article 22. No waiver
22.01 The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms or by law shall not constitute a waiver of that right, power or remedy.Article 23. Severance
23.01 If any provision, or part of a provision, of these Terms is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms, and the legality, validity or enforceability of the remainder of the provisions of these Terms shall not be affected, unless otherwise required by operation of applicable law.Article 24. Entire agreement
24.01 These Terms constitute the entire agreement between the Parties hereto with respect to the subject matter hereof and prevail over any previous agreement and arrangement, express or implied, written or oral, between the Parties with respect to the said subject matter.Article 25. Retention of title
25.01 We retain ownership of the Products until the Customer has materially received them.Article 26. Regulation of disputes
26.01 In the event of dispute arising in connection with these Terms, the Parties shall attempt to settle on an amicable basis prior to bringing any legal action.
26.02 EU-based Customer may use the European Online Dispute Resolution platform
to send his complaint to an approved, fair and impartial dispute resolution body.
26.03 If a dispute between the Parties cannot be resolved by mutual consent, such as mediation or conciliation, the matter shall be settled by final and binding arbitration.
26.04 The language of any dispute resolution procedure or any legal proceeding will be English.Article 27. Applicable law and jurisdiction
27.01 These Terms shall be governed by, construed and interpreted in accordance with, the laws of Portugal without regard to conflicts of laws principles.
27.02 Any disputes directly or indirectly arising out of or relating to these Terms will be, except in the case of amicable understanding, irrevocably submitted, even in the case of plurality of defendants, to the exclusive jurisdiction of the Courts of Lourinhã, in the District of Lisbon, Portugal.Article 28. Amendments
28.01 The Seller reserves the right to amend these Terms from time to time without prior notice to the Customer, who will be required to constantly check the information contained on the Website.
28.02 The new Terms will be effective as of the date of publication on the Website.
28.03 if the Customer uses the Website after an update is published, then he will unconditionally agree to be bound by the revised Terms.Article 29. Final clauses
29.01 No waiver, alteration, deletion, limitation or recision of these Terms shall be valid unless otherwise agreed to in writing by both Parties.
29.02 These Terms do not affect the Customer's statutory rights that cannot be waived, if any.