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Terms and Conditions
1. COMMERCIAL POLICY
1.1. The "seller" Clementine & Caramel has products for sale on the website www.clementinecaramel.com, with "ecommerce" services exclusively available to end users/"consumers".
1.2. The "Consumer" means the individual who acts/purchases outside of their business or profession. If you are not a "consumer", we ask you not to make online purchases at www.clementinecaramel.com.
1.3. Clementine & Caramel reserves the right not to process orders received from users who are not "Consumers" or who do not comply with the general sales conditions of the Seller Clementine & Caramel.
1.4. These general sales conditions exclusively regulate the offer, transmission, and acceptance of orders made on www.clementinecaramel.com with consumers of the Clementine & Caramel online store (www.clementinecaramel.com) and the seller.
1.5. The "Consumer" must provide the "Seller" with an email address, or data relating to another form of contact, that is correct and complete, and accepts that the "Seller" may contact them using this data if deemed necessary.
2. HOW TO ORDER
2.1. To order on www.clementinecaramel.com, the user must have an email account.
Placing an order on www.clementinecaramel.com is easy:
Find the products you wish to purchase;
Add the selected products to the Cart;
Complete the purchase;
Select the payment option;
Review your order;
Proceed to payment and confirm the order;
You will receive an order confirmation by email;
Your order is confirmed when you select the "Confirm Payment" (Checkout) button at the end of the purchase process.
When Clementine & Caramel receives your order, a message with your order number and all its details will appear on the screen. The purchase agreement is finalized at that moment.
An order confirmation is sent to your email. We suggest you print or download this copy for future reference.
We reserve the right not to accept your order or to cancel it even after its automatic confirmation.
By submitting the order form, you are accepting the general purchase conditions, as well as other conditions existing on www.clementinecaramel.com, through links, including the general terms and conditions of use.
The seller may not process orders that do not have sufficient guarantee of good collection; when orders are incomplete or incorrect, or the ordered products are no longer available. In the mentioned cases, we will inform you by email that the sales contract was not executed and that the seller did not proceed with the sale, specifying the reasons for this.
If the products presented in the online store (www.clementinecaramel.com) are no longer available at the time of your last access or when the seller receives the request, the seller must inform about their unavailability within 30 days after receiving the request.
If an order and respective payment have been made for products that are no longer available, the seller will refund the money paid for the unavailable items.
2.2 Right not to accept the order or cancel the purchase
Clementine & Caramel reserves the right to refuse any order for any reason. We also reserve the right to cancel any purchase (even if it has already been accepted by us), (among others) in the following situations, exempt from liability for any damages or costs:
The product is no longer available/in stock (payments will be refunded);
The billing information is not correct or verifiable;
The order is flagged by our Security Systems as an incorrect order or an order susceptible to fraud;
The transfer for order payment was not received by us within 5 days after accepting your order;
If we believe you are under 16 years old;
If we believe you are a reseller;
It is not possible to deliver to the provided address.
2.3 Data verification
After receiving the order, we may perform some checks on it before preparing it.
These checks may include address verification, credibility, and fraud verification. Regarding fraud verification, we perform partially automated checks on all orders to filter unusual, suspicious, or identified transactions as susceptible to fraud. Fraud suspicions will be investigated and, if necessary, prosecuted. By confirming your order, you agree to these conditions.
3. WARRANTIES AND PRODUCT PRICE INDICATION
3.1 Payment Methods
You can find the available payment methods in the Payment section of the site. We do not accept any other payment method besides those mentioned. Please do not attempt to pay by any other means not specified. If you do, we cannot be held responsible for payment loss or any other damages that may result from it.
3.2 Payment processing
If you proceed with payment by Credit Card, we will deduct the amount due from your account as soon as your order leaves our warehouse. In the case of payment by Credit Card, all details (e.g., card number or expiration date) will be sent via encrypted protocol to the company providing remote electronic payment services, without third parties having access to the transmitted information.
This information will not be used by Clementine & Caramel except to carry out the necessary procedures for the purchase or refund, in the case of return, in accordance with the exercise of the right of return or to report fraud cases to the police.
The purchase price of the products and transportation costs, as indicated in the order form, will be charged to the current account when the purchased products are effectively shipped.
4. ORDER SECURITY
4.1 The store www.clementinecaramel.com uses one of the most robust security technologies among available encryption platforms.
Your payment information will be encrypted from the moment you enter until your transaction is processed and will not be stored on a public server. Although we use encryption software, the security of information and payments transmitted over the Internet or via email cannot be guaranteed.
Clementine & Caramel cannot be held responsible for any damage suffered as a result of using electronic communication means, including, but not limited to, damages resulting from failures or delays in the delivery of electronic communications, interceptions, or manipulations of electronic communications by third parties or computer programs used for communications or virus transmissions.
Payments can only be processed if the billing information to be used can be verified.
5. RETENTION OF TITLE
Clementine & Caramel retains ownership of the company's products until it has received full payment for all such products.
6. PRICES
6.1 The prices of the products displayed on the site include Value Added Tax (VAT). Shipping fees are applied per order. The exact price of the shipping fee will depend on the country where your order will be delivered. For additional information on shipping fees by country, please consult the Shipping section of the site.
6.2 Prices are all quoted in euros. Please note that changing the delivery country may influence prices due to transportation costs.
6.3 Your total price
The total price specified in the final checkout menu includes taxes and shipping costs. Prices are quoted upon order confirmation, which you can print or download for future use. Please pay only the exact amount specified in the order confirmation and make individual payments per order.
6.4 Price changes
The prices of the products presented on the site are subject to change. Clementine & Caramel reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.
6.5 Price errors
Please note that even though the site is updated with extreme care, it is possible that the price information on the site contains errors. Clementine & Caramel does not commit to the offer and reserves the right to cancel your order in case such an error occurs.
7. QUALITY AND WARRANTY
Clementine & Caramel does not sell defective products or products of lower quality than the standards existing in the market. The main characteristics of each product shown on www.clementinecaramel.com are found on each product page.
The products offered for sale on www.clementinecaramel.com may not exactly match the actual clothing in terms of image and colors, due to the Internet browser and monitor used.
All products have an identification tag. Do not remove the product tag if you want to return the purchased product.
If you decide to exercise the right to return purchased products, Clementine & Caramel has the right not to accept the return of products that are returned without the tag or that have been altered from their original state or damaged.
8. SHIPPING AND DELIVERY
8.1 Delivery: where and when
We deliver products from Monday to Friday from 9 am to 6 pm. We do not ship on certain holidays. We can only fulfill the delivery of an order if the delivery address is a home, office, or delivery point in the countries available for delivery.
To receive the order, it is necessary to ensure that someone is at the address. This service does not include scheduling or appointment options, so the order delivery will be made without prior contact from the carrier. We do not guarantee this deadline during promotions, sales, Christmas, and stockouts.
A delivery is considered made or a product is considered delivered with the signature of the delivery receipt at the agreed address.
8.2 Delivery Times
If you confirm your order on a business day by 12 pm and proceed with payment by Credit Card, your order will be shipped the next business day (weekends and holidays are not considered business days).
Clementine & Caramel will not be responsible for non-compliance, or delay in compliance, with any obligation due to a force majeure event, that is, an event, act, or omission, outside its reasonable control (Force Majeure Event - which includes any event, act, or omission, outside the reasonable control of the "Seller").
We will try to deliver within the expected time, as far as commercially reasonable. We usually proceed this way, however, we cannot guarantee timely delivery.
8.3 Partial Deliveries
Whenever possible, we will try to deliver everything in just one shipment. However, we reserve the right to split the delivery of the order, for example (but not limited to) if part of the order is delayed or unavailable. In the case where we proceed with the division of the order, the customer will be notified by email of our intention to proceed this way. For this purpose, the email address provided by the customer at the time of purchase will be used.
8.4 Inspection at the time of delivery
At the time of delivery, the customer must inspect the packaging to check for any damage. If you find that the products are damaged, the customer should not accept the delivery of the order, which will be returned. Clementine & Caramel will refund the amounts paid for the order and transportation as soon as the warehouse receives and completes the return process.
Any claim of non-receipt of the order must be made within a maximum period of 30 days from the date of the order. After this period, Clementine & Caramel cannot be held responsible for its loss.
9. SHIPPING FEES
9.1 Shipping fees are applied per order. The exact price of each shipment depends on the delivery country. For more details on the shipping price by country, please consult the Shipping menu on the site.
9.2 Free shipping
Clementine & Caramel offers free shipping for registered customers with purchases over 200€.
10. RETURNS AND CANCELLATIONS
10.1 Order cancellation
The customer can cancel the order, provided it has not yet been shipped. The customer should contact our Customer Service via email at clementinecaramelstaff@gmail.com and request the cancellation of their order. Only after this procedure can our Customer Service Department request the cancellation of the order from our warehouse.
If the cancellation request is successful, the customer will be notified by email of this decision, and the cancellation will be processed at no cost to the customer. If the cancellation request is not possible, the products will be sent to the customer who, if they maintain their intention to cancel the order, should refuse receipt of the same. The products will be returned and, after receipt, the refund will be processed.
If the order has already been shipped, the customer may request its cancellation, however, the refund will be debited for the shipping costs as well as the return to our warehouse.
10.2 Return of defective products
The customer has the right to return delivered products if they are found to be defective or otherwise non-compliant with the ordered products. The return can be made within 14 days after receiving the order. This does not affect your statutory rights. If your claim is justified, the price and shipping costs will be refunded. For more information on how to proceed with the return and refund information, please consult the Exchanges and Returns menu.
10.3 Return of products by withdrawal
If for any reason you are not satisfied with the products you ordered, you can return them within 14 calendar days after receipt, provided that:
The products have not been washed or used (unless the product contains contrary information, the customer has the right to try on clothes and shoes to test size and fit, but cannot use them);
The product retains its original features and the packaging is not damaged (carefully opened packages will not be considered damaged);
The product is complete (e.g., both items of a pair must be returned);
You cannot return:
Products that have been tampered with.
10.4 Return of gifts
Currently, it is not possible for a person who received a product as a gift from another person to proceed with its return. In this case, to proceed with the return, you must contact the person who purchased it, so that they can proceed with its return, according to the Return Conditions.
10.5 Exchange of products or sizes
We do not accept product exchanges, you must return the item and then, if you wish, place a new order.
10.6 Return information
If your return is justified by the existence of a defect or non-compliance with the ordered products, Clementine & Caramel will cover the shipping and return expenses. If your return was made for reasons other than the justified existence of a defect or non-compliance with the ordered products, Clementine & Caramel will not refund the shipping costs. However, by proceeding with a return, you will be using our transport provider. Since the costs incurred by Clementine & Caramel to make the return are equal to the shipping costs, Clementine & Caramel will not refund the shipping expenses initially borne by the customer for the respective order.
Refunds will be made based on the payment method. If the customer makes the payment by credit card, it is necessary for the customer to provide their bank details to our Customer Support at the time of initiating the return process. This indication is necessary so that we can refund the money to your account. The customer will receive the refund after the product(s) has/have been returned and processed.
For additional information on the return process and refund times, please consult the Exchanges and Returns section. Please read the help instructions in that section and follow the instructions carefully to avoid unnecessary delays.
11. CUSTOMER SUPPORT
11.1 For additional information, you can contact the seller via email at clementinecaramelstaff@gmail.com. You can also obtain information in the Help/FAQ's menu on the site.
12. AVAILABILITY
The satisfaction of all orders placed on the site is subject to availability. Clementine & Caramel tries to ensure that all items offered for sale on the site are available for sale, as most items are produced after purchase and take about 10 to 15 days to be produced and delivered. However, Clementine & Caramel reserves the right not to accept any orders or to cancel confirmed orders for products for which there is no stock of raw materials, which does not allow the production of the item. In these cases, Clementine & Caramel will inform the customer of this fact and will proceed with the refund of the paid amount.
13. LIABILITY
13.1 Clementine & Caramel will only be liable for damages suffered by the customer if such damages result from breaches attributable to Clementine & Caramel's contractual obligations to the customer, or if Clementine & Caramel's liability results from applicable legal rights.
13.2 If the customer has suffered damages related to the site's activity, Clementine & Caramel's liability will be limited to:
Damages to Clementine & Caramel products or other materials;
Reasonable and verifiable costs incurred by the customer to find the cause and amount of compensation attributable to the damage;
The maximum refund of the aforementioned compensation will be (if applicable) the price of the products in question.
13.3 Clementine & Caramel cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. Clementine & Caramel cannot be held responsible for damages suffered by the customer as a consequence of misuse of our products.
13.4 Clementine & Caramel is not responsible for damages resulting from incorrect information on the site.
13.5 In the event that the customer suffers damages resulting from gross negligence or willful misconduct by Clementine & Caramel, none of the limitations contained in this article apply.
14. APPLICABLE LAW
These general conditions and all related disputes, including their validity, the use of the site, or any purchase on it, must be governed by Portuguese Law.
In the event of any dispute arising from the purchase and sale made with Clementine & Caramel through this site, the consumer has the right to resort to CIAB - CONSUMER INFORMATION, MEDIATION AND ARBITRATION CENTER (CONSUMER ARBITRATION COURT) of Braga to resolve the dispute between the parties.
15. CHANGES TO TERMS AND CONDITIONS
Clementine & Caramel has the right to change these Terms and Conditions at any time. The customer is subject to the principles and terms in effect on the date of their order, unless the law or competent authority imposes any changes to them.
16. INFORMATION ON THE SITE
Although Clementine & Caramel works on its site with all care, the information, texts, graphic documents, films, music, and/or other services may contain errors or be incomplete or incorrect.
Clementine & Caramel cannot be held responsible for any damages resulting from the use (or inability to use) the site, including damages caused by viruses or any inaccuracy or imperfection of the information, unless such damage results from willful misconduct or negligence by Clementine & Caramel.
17. TRADEMARKS AND COPYRIGHTS OF THE SITE
All brand names, product names, and titles used on the site are registered trademarks or registered names of Clementine & Caramel or registered trademarks and names of other holders.
The user/customer of the site is not authorized to use or reproduce any of these registered trademarks or registered names as this constitutes a violation of the rights of the holders.
Everything related to the design, texts, documents, films, music, and/or other services of the site, the selection and organization of the same, as well as the entire compilation of software (including applets) and all other materials of the site are the property of Clementine & Caramel and its suppliers.
Users/customers are only authorized to electronically copy and print portions of the site if necessary to place an order on it or to use the site as a source for purchase.
The user/customer is not authorized to make any other use of the site or the information and materials contained therein, including reproduction for purposes other than those mentioned above, modification, distribution, or republication.
If the user/customer wishes to use information or materials from the site, they need to obtain prior written authorization granted by Clementine & Caramel.
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