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Terms and conditions

  1. Introduction

    This document contains the terms and conditions that regulate the use of this web page and the contract that will bind the user with the entity. These conditions establish the rights and obligations of all users in relation to the products/services offered through this web page. We ask users to carefully read these terms as well as our privacy policy before clicking the "Checkout" button to finish an order. By using this web page or by making an order, you accept to be bound by these terms and conditions and our privacy policy. If you don't agree with these terms or our privacy policy you should not make an order or visit the web site.

    These terms may be modified at any time. You should read the terms and conditions before each order.

    In case you have any questions you can use the contact information available on this web site to reach us.

  2. Our web site and its usage

    The present terms are the only terms applicable while you user our web site and replace any other except in cases where there is previous written agreement with the seller. These terms are important for (you) the customer and us, as they were designed to create between both parties a legally binding agreement that protects your rights as a customer and our rights as a company. You declare that, by making an order, you have read and accepted these terms.

    By using this website and/or by placing any order through it, you undertake:

    1. To use the website exclusively to make legitimate enquiries or orders.
    2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
    3. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy).
    4. If you do not give us all of the information that we need, we may not be able to complete your order.
    5. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
  3. YOUR DETAILS AND YOUR VISITS TO THIS WEB SITE

    The information or personal details that you provide us with shall be processed pursuant to the Privacy Policy. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.

  4. How the contract is formed

    There will be no contract between SMK Denim & Company and the customer until the order has been accepted by us. If the offer has not been accepted and an amount has already been deducted from your account, we will refund the amount in its entirety.

    To place an order you must follow the online ordering procedure and hit the "Proceed to payment" button. All order are dependent on the availability of the products. In case there is any difficulty providing a specific product, we will refund the amount paid.

    The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

  5. Products and their availability

    All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any amount that you might have paid.

  6. Price and payment

    The price of each product shall be the one quoted from time to time on our website, except where there is an apparent error. Whilst we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it.

    We are under no obligation to sell a product at a lower price if a typographical error has occurred, even if the user has already received the order confirmation.

    The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due during the purchase procedure.

    Prices may change at any time but (except as provided above) any potential change will not affect any order regarding which an order confirmation has been sent.

    Once you have finished shopping, all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:

    1. Click the button "Cart" on the top right corner of our web site
    2. Click on "View cart".
    3. Click on "Checkout".
    4. Fill in your contact information and delivery information to register a new account or login using a previously registered email address and password.
    5. Click on "Proceed to payment" and insert your credit card information

      You may pay using Visa, Visa Electron, V-PAY, Mastercard, Mastercard Electronic e Maestro. To minimize the risks of unauthorized access your information will be encrypted.

    By clicking "Validate payment" you are confirming that you own the credit card used.

    Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery and we will not be able to form any Contract with you.

  7. Delivery

    Subject to the provisions of Clause 5 above on the availability, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Shipment confirmation.

    However, delays may occur on account of the following reasons:

    • Customization of products,

    • Specialized items,

    • Unforeseen circumstances,

    • Delivery area.

    If for some reason we are unable to deliver on this date we will inform you of this situation and give you the option to continue with the purchase with a new delivery date or alternatively canceling the order and reimbursing you with the full amount paid. Please remember that we do not deliver on Saturdays or Sundays.

    For the purposes of these Terms, the "delivery" shall be deemed to have taken place or that the order has been delivered at the time that receipt of the order is signed for at the agreed delivery address,.

  8. Refusal of order

    We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

    We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.

  9. Unable to deliver

    If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how you can rearrange delivery. If after the the designated time the customer has not picked up the order, the contract will be terminated.

  10. Risk and title

    The products will be at your risk from the time of delivery.

    Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 6 above), whichever is the later.

  11. Liability and disclaimers

    Unless otherwise expressly stated in these Terms, our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product.

    Notwithstanding the above, nothing in these Terms shall exclude or limit in any way our liability:

    1. For death or personal injury caused by our negligence;
    2. For fraud or fraudulent misrepresentation;
    3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

    Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort, breach of contract or otherwise, even if foreseeable, including (without limit) for any:

    1. loss of income or revenue;
    2. loss of business;
    3. loss of profits or contracts;
    4. loss of anticipated savings;
    5. loss of data;
    6. waste of management or office time.

    Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

    All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.

    To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

    Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

  12. Exchange and return policy

    1. Legal right to cancel your purchase

      Under the applicable regulation, the customer can cancel his purchase (except when the item is any of the ones mentioned in the following clause 12.3) at any time, in the 14 days following the date of the order.

      In such case, you will be refunded the price paid for such products. Direct costs incurred in the return of such products will be borne by you where none of the free return methods addressed in Clause 12.3 below is used.

      You may provide evidence of the right of cancellation through any of the means provided by law, and in any event such right shall be deemed to have been validly exercised by sending the returns form that we provide you with or by returning the products.

      This provision does not affect your statutory rights.

    2. Contractual right to cancel your purchase

      In addition to the statutory right of cancellation of consumers and users referred to in Clause 12.1 above, we grant you a 14 day period from the order date to proceed to any return of products (except for those referred to in Clause 12.3 below, regarding which the cancellation right is exempted).

      In the event of any return, you will be refunded the price paid for the returned products. Direct costs incurred in the return of such products will be borne by you where none of the free return methods addressed in Clause 12.3 below is used.

      You shall exercise your right of cancellation by sending the Returns Form we provide you with or by returning the products.

    3. Common provisions

      You may not cancel the Contract whose subject matter is the supply of any of the following products:

      • Customized items,

      • Accessories,

      • Socks,

      • Underwear.

      Your right to cancel a Contract only applies to products which are returned in the same condition as you received them. Where possible, please use or include with the product being returned all original boxes, instructions/documents and wrappings and return the products in the same conditions as received. In any case, you shall return the product with the Returns Form received on delivery duly completed. No refund will be made if the product has been used beyond opening or if it is damaged. Therefore, you should take reasonable care of the products while they are in your possession. Failure to exercise such reasonable care may, depending on the circumstances, give rise to a right of action against you for breach of statutory duty.

      Exchange is limited to exchange for the same product, of a different size or color.

      You may exchange your items using any of the official SMK stores or by sending the items through a courier.

      1. Returns at SMK stores

        You may return your items in any of the official SMK stores that sell the item you want to return. In this case, you must go to one of these stores and provide the item along with the order confirmation and return form correctly filled in.

      2. Returns by courier

        You must return the item in the same packaging it was delivered in and follow the instructions we provide you when you contact us about the return.

        The customer is responsible for the costs involved in sending the item back to us. Please take into account that if you decide to send us the item using a "collect on delivery" method, we will be authorized to charge you for any cost involved.

        After we examine the items, we will contact you to tell you if you are entitled to a refund. The return will be made as soon as possible and, in any case, within 14 days of the communication of the intent to return the item. The refund will be issued in the same means as the original payment.

        Should you have any doubt, please contact us by email at online@smk.pt.

    4. Returns of SMK products

      The customer is responsible for the costs involved in sending the item back to us. Please take into account that if you decide to send us the item using a "collect on delivery" method, we will be authorized to charge you for any cost involved.

      The client has 15 days to return any items, counting from the shipping date. The items must be returned in perfect conditions and with the labels still attached.

      After we examine the items we will contact you to let you know if you are entitled to exchange the item for one of equal or higher value.

      Should you have any doubt, please contact us by email at online@smk.pt.

  13. Links from our web site

    We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

  14. Events outside our control

    We will not be liable or responsible 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").

    A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

    • Strikes, lock-outs or other industrial action.

    • 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.

    • The acts, decrees, legislation, regulations or restrictions of any government.

    • Any shipping, postal or other relevant transport strike, failure or accidents.

    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  15. Written communications

    Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  16. Intellectual property

    You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

  17. Transfer of rights and obligations

    The Contract between you and us is binding on you and us and on our respective successors and assigns.

    You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

    We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

  18. Waiver

    If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this 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 arising from the Contract or the Terms.

    No waiver by us of any of these Terms 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 in accordance with the provisions of the paragraph on Notices above.

  19. Severability

    If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  20. Entire agreement

    These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

    Both you and us acknowledge that, in entering into this Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.

    Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

  21. Law and jurisdiction

    Contracts for the purchase of products through our site will be governed by Portuguese law.

    Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Portuguese courts.

    If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.

  22. Our right to change these terms

    We have the right to revise and amend these Terms from time to time.

    You will be subject to the policies, Terms in force at the time that you use this website or order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case it will apply to orders previously placed by you.

  23. Feedback and comments

    We welcome your comments and feedback. Please send all feedback and comments by email to online@smk.pt