Preamble

1. Scope and object

2. Contract formalization

3. Product availability

4. Shipping/Delivery

5. Transfer of risk and product ownership

6. Value-added tax

7. Pricing and payment

8. Returns/Exchanges Policy

9. Written communications

10. Notifications

11. Intellectual and Industrial Property

12. Viruses, piracy, and other cyber attacks

13. Links from the Website

14. Force majeure

15. Personal data processing

16. Right of renunciation

17. Partial Nullity of Contract

18. Right of unilateral amendment

19. Law and Jurisdiction

20. Alternative Dispute Resolution (ADR)

 

Preamble

This document establishes the conditions that regulate the use of this web page (www.lusbycm.com) and the acquisition of products on it (hereafter designated “Conditions”).

By using this website or placing an order on it, you acknowledge that you are subject to these Conditions and our Data Protection Policies.

We urge you to carefully read these Conditions before using this web page. By using this web page or placing an order on it, you consent to be bound by these conditions. Therefore, if you do not agree to all these conditions, you should refrain from using this web page.

These Conditions may be altered. It is your responsibility to periodically read this document, as the conditions prevailing at the moment of use of the website or the conclusion of the Agreement (as it is defined below) are the ones considered valid.

The data and information provided by the user will have full legal effects, recognizing the user’s electronic purchases, meaning that the user cannot claim a lack of signature over a breach of obligations assumed.

 

1. Scope and object

The present Terms and Conditions intend to regulate and are fully applicable to the conclusion and formalization of any purchase/sale agreement when an order on LUS by Carolina Moreira products is placed, when it is placed by any consumer (hereafter denominated “user” or “customer”) on our Site www.lusbycm.com (hereafter denominated “Site”).

LUS by Carolina Moreira is a brand registered in the Portuguese National Institute of Industrial Property under the number 607395, owned by Carolina de Sousa Moreira, with the address Rua Professor Machado Macedo, Nº25, 3º Esquerdo, 9500-700 Ponta Delgada, Açores, and NIF: 259820091 (hereafter denominated “LUS”).

The Service consists in providing, through www.lusbycm.com, access to our Online Store that, besides providing information on a set of products, allows the User to order the products disclosed therein using an electronic device, under the terms and conditions described herein.

Orders must be placed by users aged 18 (eighteen) or older (underage users must have their representatives’ authorization).

The information and personal data provided by the User must be processed in accordance with the Data Protection Policies. By using this Website, the user agrees to the processing of their data and information and declares that all information and data they provide is true and accurate.

By using this Website, and placing orders on it, the user agrees to:

i. Using this Website exclusively for legally valid orders and consultations.

ii. Not placing fake or fraudulent orders. If we find any reasonable reason to consider that a fake or fraudulent order has been placed, LUS is authorized to cancel it and inform authorities.

iii. Provide LUS with true and accurate information about their address, email, and/or other contact details. The user accepts that LUS may have to use this information to contact them, if necessary.

If the user does not provide the data requested, they will not be able to place an order. By placing an order on this Website, the user declares being aged 18 or older and have the legal capacity to enter into contracts or, if they are underage, having their representatives’ authorization.

 

2. Contract formalization

To place an order, the user must follow the online acquisition process, having previously read the present Terms and Conditions. By making a purchase order or placing an order, the user is entering into a purchase/sale agreement with LUS (the “Contract”) which determines that they are aware of and accept the General Terms and Conditions of our Website. The user will receive a confirmation email once their order has been placed and a shipping confirmation email with a tracking code, once your order has been shipped. Your order will be processed and shipped via CTT. That code can be used to track the order until the moment it is delivered.

 

3. Product availability

Orders and shipping of products depend on their availability.

In case the items ordered are out of stock, as previously selected according to raw material stock, and considering this is an exclusive service, our customer must wait for at least 15 working days before it is shipped.

LUS has the right to inform the customer of any item’s unavailability within 72 hours after the order is submitted. Upon informing the customer of the item’s unavailability, the contract is automatically terminated for the unavailable item and the customer is assured that no costs will be charged due to the order’s cancellation. The exact amount paid for the unavailable item will be annulled, as shown in the user’s card statement. The contract will be maintained and have its normal effect on any other items the client might have ordered unless otherwise requested by the customer.

If any problem with product delivery occurs or if there are no items in stock, we will inform you of this unavailability and refund any amount you may have paid within 30 days.

 

4. Shipping/Delivery

Without jeopardizing Clause 3 mentioned above, regarding the availability of products, and except in the case of extraordinary circumstances, LUS will fulfil the order within 30 days from the day after the order confirmation.

However, delays may occur if you order customized items or special items, or due to unforeseen circumstances, services provided by third parties, or remote delivery zone.

Orders placed on our Site www.lusbycm.com are shipped via CTT, to the address provided by the customer when placing the order.

Because our headquarters are located in the Azores, the delivery of our parcels might take longer than usual.

If LUS cannot comply with the estimated delivery date for reasons beyond its responsibility, the User will be informed and may choose to continue with their purchase, set a new delivery date, or cancel the order and ask for a refund which will be paid within a maximum of 30 days counting from the date the user is informed.

If you have any questions about shipping and delivery, please contact us via email orders@lusbycm.com.

For these Conditions to be enacted, it must be proven that the “delivery” has been concluded or that the parcel has been “delivered” once the user has physical possession over the item(s), which must be proven by signing the parcel’s receipt at the address provided at the moment of purchase. For all intents and purposes, we assume that any person at the address provided by the customer has the authorization to receive the parcel and sign the receipt.

Upon delivery of the order and prior to the signing of the receipt, the customer must verify if the parcel contains all products and items purchased, thus acknowledging that for all legal purposes the signature serves as a confirmation of reception of all items purchased and everything is in accordance with the order placed.

If the products are not received and therefore returned to LUS, the customer may, within 60 days, contact LUS via email: orders@lusbycm.com, to provide us once again the address to which the customer wants the products to be reshipped to.

The re-dispatch of products is subject to the prior settlement, by means of the payment methods mentioned in these terms, the shipping costs, which will be estimated and given to the customer, and also by presenting the purchase order and valid identification.

If within a maximum period of 60 days the customer does not request a re-dispatch in compliance with the aforementioned conditions, the products are deemed to have been abandoned by the customer and LUS reserves the right to destroy or handle them in whichever way we decide.

 

5. Transfer of risk and product ownership

The risks to which the products are exposed to will be under the customer’s responsibility from the moment they are delivered.

The customer will acquire ownership of the items once LUS receives full payment of all amounts charged for each item, including shipping charges, or at the moment of delivery (as defined in the aforementioned clause 4) if it is delivered later than expected.

 

6. Value-added tax

In accordance with the rules and regulations in force, all purchases made on this website are subject to the current Portuguese Value Added Tax (VAT) rate.

 

7. Pricing and payment

The price of each item will be the one display on our website, except in case of obvious error.

While LUS makes every effort to ensure that the prices shown on the Website are correct, errors may occur.

If an error is detected in the price of any of the items ordered, LUS will inform the customer as soon as possible, offering the option to reconfirm their order at the correct price or to cancel it.

If it is not possible to contact the customer, the order will be cancelled, and LUS will repay in full the amount paid. LUS is not, in any case, obligated to supply any product at an incorrect lower price (even if a shipping confirmation has been sent) if the pricing error is obvious and unambiguous, meaning that it could have been reasonably recognized by the customer as an error.

Our prices are presented in Euros. The prices shown take into account the VAT applicable at the moment of the invoice. Any modification in the applicable VAT rate will be reflected in the product prices.

The prices shown on the website include VAT, but exclude shipping costs, which will be added to the total amount.

The postal delivery costs, which will be added to the price of the product or items purchased, are under the customer’s responsibility.

Delivery is thus subject to the customer’s payment of the shipping charges that are in effect at the moment the order is placed, as described in the “Shipping Prices” available for consultation on the LUS website, which will be added to the final price shown in the “shopping cart” when the order is being placed.

The prices indicated may change at any time. However, except in the cases mentioned above, possible alterations will not affect orders for which an order confirmation has already been sent.

If you order products from our Site to be delivered to one of our international shipping destinations, your order may be subject to customs duties when your order arrives at that destination. Please acknowledge that we have no control over this and cannot predict their cost.

The customer will be responsible for paying any customs fees. Please contact your local customs office for more information before placing an order.

The customer is obligated to comply with all applicable laws and regulations inherent to the country where the Products are sent to. If you fail to comply with any of those laws and regulations, we will not be held responsible.

If the order is returned to LUS because the customer failed to pay the customs fees for which they are responsible, the customer will have to pay for the return shipping costs.

Once you have selected all the items you wish to purchase, they will be automatically added to your “shopping cart”. Then, the next step is the processing of the order and the payment. To do this, the customer must follow every step of the purchase process, filling in and verifying the information requested in each step. Throughout the purchase process, and prior to payment, the customer may modify the details of their order.

Registered users also have a record of all orders placed in the “My Account” area.

Your payment is securely processed through the payment management entity Easypay ®.

You have at your disposal the following methods of payment: ATM, Visa Credit Card, Mastercard or American Express, and MBWay.

 

Visa Credit Card, Mastercard or American Express

If you choose this payment method you will need to fill in the following data:

Credit card number* (16 digits)

Name of cardholder (as written on the card)

Validity Month/Year (2 digits for the month and 4 digits for the year, do not separate it with “-“)

Security Code – (3 digits or 4 digits for American Express).

It is completely safe to enter your credit card details to place an order on LUS Online.

All information will be redirected to Easypay’s website, where data will be entered in a completely secure and certified manner, meeting the confidentiality requirements for your credit card.

The amount paid is charged when you place your order.

For security reasons, we advise you not to include your card number when contacting us via email.

 

ATM

If you choose this method, the site will automatically provide you with an Entity and a Reference that you must use to make your payment at an ATM.

All the information necessary for the payment will also be sent to you via email.

You must make the payment within 48 hours, either at an ATM or at your bank’s Homebanking.

Follow these steps:

ATM

1. Select PAYMENTS

2. Select PAYMENT OF PURCHASES

3. Enter the information provided:

Entity xxxxx

Reference xxx xxx xxx

Amount

 

MBWay

1. Enter the phone number associated to your MBWay account.

2. Wait for the notification on the MBWay app to approve the payment.

3. After being approved, the payment is done and a page on our website will automatically come up to confirm the payment and the order.

For security reasons, we advise you not to include your card number when contacting us via email.

For more information, visit the Site https://www.easypay.pt

 

8. Returns/Exchanges Policy

 

8.1 Right to voluntary termination of the contract

According to the applicable norms, when contracting as a consumer, the customer has a legally established right to terminate the Contract within 14 (fourteen) days after its conclusion without having to provide any justification. This does not apply to customized items made according to the customer’s specifications or manifestly personalized.

Given the fact that custom items are permanently modified and customized products specifically for the Customer, and that their original manufacture cannot be restored in any way, the right of voluntary resolution may not be exercised by the Customer concerning any Customized items. Accordingly, the provisions contained in this section will not apply to the Customized Article, it being understood that the exclusion of the Custom Articles from this right will not, however, affect the rights provided in the event of defect or nonconformity that also apply to these products.

The period of voluntary termination will expire within 14 days from the date on which the customer (or a third party – other than the delivery party) takes physical possession of the ordered parcel or, in case of having multiple items in the same order but delivered separately, after 14 days from the date on which the customer (or the third party) takes physical possession of the last article of the order.

The right of termination aforementioned shall be exercised within 14 days counting from the date the customer receives the order, by means of unambiguous communication of intention via registered mail LUS by Carolina Moreira Rua Professor Machado Macedo, Nº25, 3º Esquerdo 9500-700 Ponta Delgada Açores – Portugal or via email orders@lusbycm.com.

You can use the form template attached, but it is not mandatory to use it.

The exercise of the right of voluntary termination does not harm the client’s right to examine, with due care, the conformity, nature, and characteristics of the items.

The customer will be responsible for the depreciation of the item(s) if the handling performed to inspect the conformity, nature and its characteristics exceed the handling usually admitted in a commercial establishment.

Products must be returned in the same condition they were delivered in. The customer must ensure products are intact and complete, unused, unworn, washed, tampered with or damaged in any way (this means that you may prudently try them on), and return them in their original packaging with all the tags with which they were received. The customer must keep the packaging tightly sealed to avoid damage during transit.

The customer can send the items they wish to return with a printed version of the document attached to the Confirmation of Shipment to the following address, Rua Professor Machado Macedo, Nº25, 3º Esquerdo 9500-700

Ponta Delgada Açores – Portugal, within 14 days counting from the date on which the customer informed LUS of their decision to terminate this contract. The deadline is considered to be met if the customer ships the items for return before the 14 day period has expired. In any case, the User must also return the receipt provided at the time of delivery along with the returned items.

Only LUS can decide whether the products are in their original state.

LUS will verify the packaging and condition of each returned item, as the substantial integrity of the items is an essential requirement in the following paragraph.

If the customer, duly complying with the legal deadlines, terminates this contract, LUS will reimburse the amounts paid for the items, including the shipping costs (except for additional costs that might be added if the customer chooses a shipping method other than the one we offer), returned without unreasonable delay and, in any event, within 14 days counting from the date LUS has been notified of the Customer’s intention to exercise the right of withdrawal.

In any event, LUS reserves the right to withhold the refund until we receive and are able to verify the product or until the customer proves to have returned the product correctly and intact, whichever happens first.

The refund will be made using the same payment method used by the customer for the initial transaction.

The direct costs of returning items are under the customer’s responsibility.

We are not responsible for lost returns, so we recommend that our customers send their packages through registered mail.

LUS has the right to reject the return if we find that the items have been damaged, deteriorated, stained or unequivocally appear to have been used in a manner other than what is strictly necessary to verify their conformity, nature, and qualities.

If the return is declined, LUS will send a specific notice to the customer with a justification and, accordingly, will not refund the amount paid by the customer, reserving the right to obtain compensation for any damages attributable to the customer’s behaviour, and the packaging will be returned to the customer.

 

8.2 Size or item exchanges

The photos displayed on our website are for illustration purposes only. Therefore, LUS recommends that the customer reads the detailed product description for complete information about its characteristics.

Before selecting the size you are ordering, you should review and check the measurements that best suit you. This step avoids exchanges due to sizing mistakes and the consequent delays in receiving and using your order.

However, if the item purchased by the customer does not correspond to the appropriate size or if the customer wishes to exchange it for a different item, the customer may request, within 15 days of the date of delivery of

the item, the exchange of different size or item, provided they return the original order in exactly the same condition that it was shipped.

This possibility has no influence over the right of withdrawal, which continues to benefit the customer.

You can request a different size or item change by placing a new order on this web page. To request the exchange, you must select the new size and make sure that it is the same item you’ve acquired previously.

The original item must be returned without any delay within 14 days from the date which the request for exchange of different size or item was made, to the address Rua Professor Machado Macedo, Nº25, 3ºEsquerdo 9500-700 Ponta Delgada Açores – Portugal.

All return costs, as well as the costs of re-shipping the item(s), are under the customer’s responsibility.

We are not responsible for lost returns for exchanges, so we recommend that our customers send their packaging through registered mail.

After you have submitted the request to exchange the item, LUS will dispatch the new order with the item in the requested size or different item as soon as possible and, in any case, always within 30 days counting from the date we receive and verify the returned item.

Please note that if, after 14 days from the date of the request for the size or different item exchange, you have not delivered the original item, LUS

has the right to charge you the costs corresponding to the new order submitted, according to what is stated in these terms and conditions.

 

8.3 Defective products

If the customer considers the product to be defective or damaged, they should contact us via email orders@lusbycm.com, indicating the product’s details and a description of the defects or damages found, within the legally fixed two months counting from the date of delivery, so we can indicate you how to proceed.

The User must return the product accompanied by an order print to the address Rua Professor Machado Macedo, Nº25, 3ºEsquerdo 9500-700 Ponta Delgada Açores – Portugal.

We are not responsible for lost returns, so we recommend that our customers send their packaging through registered mail.

Returned items will be strictly inspected by LUS and refunds will be made provided that the damage has resulted from a manufacturing defect or deviation from manufacturing specifications.

If the problem was caused by reasons other than the quality of materials or the assembly process, then the original item must be returned to the customer. LUS does not refund items: which have been damaged by abuse or neglect (e.g., exposure to chemicals, caustic substances, open flame, excessive heat, sharp objects, etc.); and/or that have been damaged by improper use or activities other than their intended purpose.

As legally established, and in case this assists the customer, considering what has been mentioned above, instead of cancelling the contract (with the return of the item and its refund), the customer may also choose to replace the item.

Refunding, replacement of the product or appropriate reduction of the price paid for the item shall be made as soon as possible and, in any event, within 30 days counting from the date the item is returned.

Amounts paid for items returned for damage or defect, when those are actually confirmed, will then be fully refunded, including delivery costs related to the shipment of the item and the costs paid by the User to return them to LUS. The refund will be made through the same payment method used to make the purchase.

In any event, all rights recognized by applicable law will be safeguarded.

– Variations that will not be considered defects

Articles sold by LUS, specially handcrafted articles, often show the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots, and colours, cannot be considered as defects or damage. On the contrary, the customer should accept their presence and know how to appreciate them. LUS selects only the highest quality products, but natural features are inevitable and should be understood as part of the individual appearance of the article, which the customer recognizes.

 

9. Written communications

Applicable law requires that some of the information or communications sent by LUS to customers be written.

By using this Website, you agree that most communications with LUS will be done via electronic means.

LUS will contact you via email or provide you with information through notices posted on this website.

For contractual purposes, the customer agrees to use these electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by LUS satisfy the legal requirement that such communications be made in written form.

This condition will not affect the rights recognized by applicable law.

 

10. Notifications

Notifications sent to LUS by the User must be sent, preferably via our emails info@lusbycm.com and orders@lusbycm.com or by registered letter addressed to LUS by Carolina Moreira, Rua Professor Machado Macedo, Nº25, 3ºEsquerdo 9500-700 Ponta Delgada Açores – Portugal.

In accordance with the provisions of the aforementioned clause 9, and unless otherwise stipulated, LUS may send notifications via email as well as to the postal address indicated by the User when submitting your request.

Notifications will be deemed to have been received and correctly made once they appear on the LUS website, 24 hours after an email has been sent, or three days after the postage date of any postal letter.

As evidence that the notification has been sent, it will be sufficient to prove, in the case of a postal letter, that it contained the correct address, that the correct postage has been paid and that it has been properly delivered to a post office or mailbox and, in the case of an email, that the notification has been sent to the email address indicated by the recipient.

 

11. Intellectual and Industrial Property

The User acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the Website belong at all times to LUS or the third parties who granted us a license to use it.

Any reproduction or representation in whole or in part of the www.lusbycm.com Site or all or part of the elements included therein is strictly prohibited and if this happens the situation will be handled through the competent legal means.

The User may use such material only as specifically authorized by us or those who have granted us a license to use it.

The trademark, as well as any distinctive signs reproduced on the Site, are protected under the terms of the legal provisions applicable to industrial property. Reproduction or representation of all or part of these distinctive signs is strictly prohibited and must be subject to a prior written authorization by the holder.

These circumstances will not prevent the User from using this Website to the extent necessary to copy your order information or contract data.

 

12. Viruses, piracy, and other cyber attacks

The User must not misuse this Website through the intentional introduction of viruses, Trojan horses, worms, logic bombs or any other harmful Software or technological material.

The User will not seek unauthorized access to this Website, the server on which the Website is hosted or any server, computer or database related to the LUS Website.

The User pledges not to attack this Website through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause may result in the commission of offenses typified by applicable law.

LUS will inform the competent authorities of any breach of such legislation and cooperate with them to find out the identity of the attacker. In case of breach of this clause, the User will immediately cease to be authorized to use this Website.

LUS will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful material or program or that may affect the User’s computer, computer equipment, data or materials as a result of using this Website, downloading content from it or content to which it redirects.

 

13. Links from the Website

If the LUS Website contains links to other third party pages and materials, these Links are provided for informational purposes only, without LUS having any control over the content on those websites or materials. Accordingly, LUS is not responsible for any damage or loss that might come from using them.

 

14. Force majeure

LUS will not be responsible for any failure to perform or delay in performing any of its obligations under a Contract, when it is caused by events outside its domain (“Force Majeure”).

The Force Majeure includes any act, event, exercise failure, omission or accident that is beyond the control of LUS, including but not limited to the following:

i. General Strikes, or other forms of protest that significantly affect the country.

ii. Disturbances of public order, revolts, invasion, terrorist attack or terrorist threat, war (declared or otherwise), or threat or preparation for war.

iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.

iv. Inability to use trains, ships, airplanes, motorized transport vehicles or other means of transport, public or private.

v. Inability to use public or private telecommunications systems.

LUS’s obligations under any contract shall be deemed to be suspended for the period during which the Force Majeure is in force and extended to

comply with those obligations for a time period equal to the force majeure situation’s duration.

LUS will use all reasonable resources to try to overcome the Force Majeure situation, or to find a solution that will enable it to fulfil its obligations under the contract despite the Force Majeure situation.

 

15. Personal data processing

In compliance with Law No. 58/2019 of 08 August on the Protection of Personal Data, we inform you that the processing of personal data collected on the Site www.lusbycm.com is the responsibility of LUS.

The data collected on the Site is intended specifically for order processing and communication with customers, processing information requests and any complaints, as well as for marketing purposes.

LUS guarantees the confidentiality of all data provided by its customers, noting that despite the fact that LUS collects and processes data securely and takes all technical measures to prevent its loss or manipulation, data collection is done in an open network, which is likely to allow the circulation of personal data made available and as well as its use and viewing by unauthorized third parties, LUS is not responsible for any damage caused.

LUS grants the customer, at all times, the right to access, rectify or delete their personal data, as well as the right to oppose the processing of such personal data, upon written request sent to the email address data@lusbycm.com or to the address Rua Professor Machado Macedo, Nº25, 3ºEsquerdo 9500-700 Ponta Delgada Açores – Portugal.

 

16. Right of renunciation

LUS’s failure to demand strict compliance by the customer with any of its obligations under a contract or these conditions, or the failure to exercise rights or actions under such agreement and such obligations does not automatically waiver or limit LUS’s rights or actions, nor will it exempt the customer from fulfilling their obligations.

No waiver by LUS of a particular right or action will give rise to a waiver of any other rights or actions arising from the contract or its conditions.

No waiver by LUS of any of these terms or the rights or actions derived from the contract will be effective unless expressly stated to be a waiver, formalized and communicated to the customer in writing, in accordance with what was aforementioned in the “Notifications” clause.

 

17. Partial Nullity of Contract

If any of these conditions or any provision of a contract is declared void and unenforceable by a decision of the competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of invalidity.

 

18. Right of unilateral amendment

These conditions may be amended at any time.

The User/Client is subject to the policies and conditions in effect at the time they are using the Site or formalizes their order unless retroactive changes are made to those policies, conditions or privacy statements, by law or by a decision of government agencies. In that case, the changes will also affect orders the User has made under the changed conditions.

If you do not agree with the modifications made, we recommend not using our website.

 

19. Law and Jurisdiction

The use of the LUS Website, the purchase and sale contracts of items and any contractual relationship established through it, are governed by Portuguese law.

To settle any conflict that might arise from any agreement entered into under these general conditions, the Judicial Court of the Azores District shall have jurisdiction, with express waiver of any other.

This provision does not affect other rights granted to the consumer by the legislation in force.

 

20. Alternative Dispute Resolution (ADR)

If, as a consumer, you feel that your rights have been violated, you may address your complaint via email to info@lusbycm.com in order to resort to an out-of-court settlement.

If the transaction between you and LUS has been completed through our website, we inform you – in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 – that you have the right to try to resolve any out-of-court dispute by accessing the online dispute resolution platform at http://ec.europa.eu/consumers/odr/.

You may also consult, pursuant to article 17 of Law No. 144/2015, of 8 September, the updated list of Alternative Dispute Resolution Entities,

available on the Consumer Portal through the website www.consumidor.pt.