Terms and Conditions
hese Terms of Purchase and Use (hereinafter, “Conditions”) apply to the Users and Customers (hereinafter, “customer” or “customers”) of the http://mymist.pt Website and to any transactions of commercial nature carried out through the online store available in it.
These Conditions may be changed at any time without notice. It is your responsibility to read it periodically, as the conditions in effect at the time of use of the page (as defined below) will apply. If changes are made to these Conditions and/or our Privacy and/or Cookie Policies, users will be sent an email to our Website.
This Website is managed by NÓS TRÊS - Purchase and Sale of Apparel, Sportswear, Footwear and Accessories, Lda - (hereinafter, “NÓS TRÊS, Lda”), a limited liability company based in Av. Eng. Duarte Pacheco, Amoreiras , Tower 1, floor 5, room 8, 1070-101 Lisbon, with tax identification number PT 515 410 144.
Os seus dados e as suas visitas a este Website
Although NÓS TRÊS makes every effort to keep customer information current and accurate, Customers accept and acknowledge that NÓS TRÊS cannot be held responsible for the accuracy and completeness of information provided by customers on the Website, which may be inaccurate, incomplete or otherwise outdated.
USING OUR WEBSITE
By using our website and/or placing orders through it, the customer agrees to:
- Only use this website to make inquiries or orders that are not contrary to the law. The customer is expressly prohibited from transmitting injurious, misleading, defamatory, obscene or otherwise violating the right to privacy, privacy or industrial property rights of third parties, as well as the provision of any information that may be harmful to third parties or to NÓS TRÊS.
- Do not place any false or fraudulent orders. If it is proven that it is possible to verify the existence of such an order, NÓS TRÊS will be entitled to cancel it and, consequently, inform the competent authorities.
If you do not provide us with all the necessary information, we will not be able to fulfill your order.
By placing an order through this Website, you declare that you are 18 years of age and have the legal capacity to enter into contracts.
NÓS TRÊS is not liable for damages arising from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Customers.
Under no circumstances may NÓS TRÊS and/or its representatives and employees be liable for any damages that may arise, even accidentally, from the malfunctioning of this Website, in any capacity whatsoever and for any length of time such malfunctioning may occur, or for any damage caused by reproduction, use or exploitation that violates the provisions of these Conditions.
NÓS TRÊS reserves the right to modify at any time the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.
NÓS TRÊS has the exclusive right to, at any time, partially or totally suspend access to the Website, especially in the management, maintenance, repair, alteration or modernization operations and to terminate, partially or totally, permanently or temporarily, at any time, at your sole discretion, the Website or any of the services without notice.
MAKE A PURCHASE
To place an order, you must register on our website, providing certain personal data such as your name, email address, etc. If you are already a registered user, you must identify yourself by entering your email address and password.
To place an order, you must follow the online shopping procedure and click on «Checkout». In so doing, you are entering into a sales contract with NÓS TRÊS.
Once the purchase is completed you will receive an automatic email with the "Order Confirmation". If the data is not correct you can immediately request your change, or even the cancellation of the purchase made.
The process of processing and shipping the order begins only after confirmation of receipt of payment.
After shipment you will receive another email with the "Shipment Confirmation".
Products featured on this Website are available for delivery only to the countries referenced on the Website at https://www.mymist.pt/en/help - Exchanges and Returns.
All product orders are subject to product availability. Although this website only allows you to order products that are available, in extraordinary situations a product may be unavailable. In this event, we will inform you immediately of the unavailability and refund the full amount you paid within 15 days.
NÓS TRÊS is not required to supply products that are unavailable.
Notwithstanding the foregoing Clause 7, regarding product availability, and unless extraordinary circumstances occur beyond our control, your order must be delivered within the time frame set forth on the Website at https://www.mymist.pt/en/help depending on the final destination, and referred to in the Order Confirmation.
However, delays may occur for any of the following reasons:
- Delays by carriers;
- Delivery difficulties to the recipient;
- Local holidays.
- Delivery times refer to business days, with no orders and/or shipments processed on Saturdays, Sundays and National Holidays.
The order is considered delivered when the customer is in physical possession of the item, which will be evidenced by the signature of the order receipt. You can request information about the status of your order at firstname.lastname@example.org.
Any delay in the shipment of articles, due to the estimated dates presented, does not entitle the customer to any compensation.
RETURN AND EXCHANGE POLICY
Right of free termination of contract
In accordance with the applicable rules if you are contracting as a consumer, the customer has the legally established right to terminate the contract within 14 days after its conclusion without giving any reason.
The free termination period will expire 14 days after the day on which the customer (or a third party appointed by you) physically receives the ordered products. To exercise the right of free termination of the contract the customer has the following options:
1. If you have not yet received the “Shipping Confirmation”, which means that your order has not yet been shipped, you can send an email to email@example.com clearly expressing your wish to cancel the order.
2. If you have already received the “Shipping Confirmation”, which means your order has already been shipped, you should wait for it to be delivered to you. Then you should contact us at firstname.lastname@example.org so that we can assist you in the return process.
Contractual right to return products
The customer has 14 days after receiving the products to return them and/or make an exchange. This right may be exercised for all products purchased or only for some of the products included in an order. For this purpose you should send an email to email@example.com.
Conditions for exercising the contractual right to return products
The contractual right to return products applies exclusively to products that can be returned under the same conditions as the customer received them. There are no exchanges or refunds for products that have been used, or whose labels have been removed and/or cut, or that have been damaged by the customer. Any alteration of the products beyond the simple opening of their packaging invalidates the possibility of return or exchange.
You must return the item using or including the original packaging as well as the labels, and you should send an email to firstname.lastname@example.org with the following information:
1. The order confirmation number and/or copy of the invoice/receipt;
2. Reason for return;
3. Carrier Shipping No.
Once the returned products are received, our services will inspect them, checking that they are in the exact conditions in which they were shipped, namely with all labels and parts of the product, unused and without damage caused by the customer.
Then we will analyze the original order and the email sent with the information, validating the option chosen by the customer: exchange or return. If the return has been made within 14 days, and the product meets all the necessary requirements described above, the return or exchange will be confirmed by sending an email with the “Return Confirmation” of the order (or part thereof). same) and confirmation of the option chosen by the customer.
If all the above conditions are not met, the return will not be accepted and an email will be sent stating the reasons why it was not accepted. The customer has the option of requesting the reshipment of products not accepted for return and the shipping costs will be supported by the customer.
If you believe that the product purchased has a production defect, the customer should contact us by email email@example.com, indicating the order number and presenting the corresponding invoice, explaining the defect and sending photographs of the defective article. This process should be done as soon as you receive the order and/or identify the potential defect, but always within 14 days of receiving the order.
Your email will be reviewed and confirmed if it is a defect or something inherent in the manufacturing process:
1. In the event of a defect, we will replace the product at no inherent cost, the return shipping costs will be borne by us. In this case the return will be made by our carrier and we will contact you to schedule the collection of non-compliant goods.
2. If inherent in the manufacturing process, ie when the product was sold with an express indication that it contained the defect in question, the product may not be returned as defective. However, the customer still has 14 days from the date of receipt of the order to return the product, requesting an exchange for another product or refund of the amount paid.
3. NÓS TRÊS is not responsible for the misuse of your articles, nor for the incorrect washing of them.
The photos displayed on the website are for illustration purposes only. Therefore, NÓS TRÊS recommends that the customer refer to the detailed Product description for complete information about its characteristics.
Before selecting the size to order you should review the Size Guide (https://www.mymist.pt/en/size-guide) available on the website and check the measurements that best suit your needs. This step avoids size changes and the consequent delays in receiving and using your order.
However, if the purchased product does not correspond to the appropriate size, the customer has the possibility to request a size change, the return shipping costs being borne by the customer, but the resale shipping costs of the new size offered. This possibility is independent of the right of withdrawal, which continues to exist, both legally and contractually. The advantage of this option is that the customer has no postage costs when resending the new size.
To request the exchange just follow the indicated steps for returns, sending email to firstname.lastname@example.org.
The original item must be returned without delay, and not later than 14 days from the day of receipt of the original order.
PrICE AND PAYMENT
The price of the products will be as stipulated on our website, except in case of a clear error. While we will make every effort to ensure that the prices posted on the Website are correct, there may always be errors. If we discover a price error we will inform you and give you the option to confirm your order at the correct price or cancel it. If it is not possible to contact the Customer, we will consider the order as canceled and all amounts paid will be fully refunded.
Prices shown include VAT at the legal rate in force in Portugal. At these prices the applicable shipping charges will be added depending on the destination. (See shipping information in the help section).
Prices shown may change at any time, and any changes will not affect orders for which we have already sent an “Order Confirmation”.
You may pay through the Easypay and PayPal platforms by any means available through these platforms. Please note that the card details used for payment are processed exclusively by these entities. We do not store any payment card related information.
By clicking on "Finish", the customer confirms that he is the rightful owner of the card used to purchase.
Checkout and the resulting “Order Confirmation” is only possible after payment through a valid payment method.
Alternative dispute resolution
The conditions of sale presented apply to Portuguese law and this provision does not affect the other rights granted to the consumer by the legislation in force.
We are at your disposal for any clarification or resolution of any problem related to the products supplied. In the event of a dispute over contractual obligations arising from purchase and sale contracts, in accordance with EU Regulation No 524/2013 you may try to settle any dispute out of court through access to the online dispute resolution platform by email address http://ec.europa.eu/consumers/odr/.
The updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of 8th September, can be consulted on the Consumer Portal, through the website www.consumidor.pt.
You acknowledge and consent that all intellectual property rights, including but not limited to copyright, trademark, trade secret or any other material or content provided as part of the Website, are at any time property of NÓS TRÊS or who has granted the license for its use. You may use this material only as expressly authorized by us or our licensor to use it.
These Terms do not give you any rights to use any trademarks and/or logos belonging to NÓS TRÊS. You will not copy, translate, disassemble or decompile, or create or attempt to reverse engineer or otherwise create the source code and/or object of the Website, and also refrain from removing any confidentiality or proprietary notices of intellectual property on the Website.
NÓS TRÊS warrants that to the best of its knowledge and reasonable knowledge it does not infringe any intellectual property rights of any third party.
viruses, piracy and other computer attacks
Customer shall not misuse this Website through the intentional introduction of viruses, Trojan horses, spyware, malware, or any other technologically harmful or harmful material. You will not attempt to gain unauthorized access to this Website, the server on which this page is hosted, or any server, computer or database related to our Website. The customer undertakes not to attack the Website in any way, including 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 a number of offenses provided for and punished under personal data protection law and cybercrime law, which will be properly reported to the appropriate authorities.
If our Website contains links to other third party pages and materials, these links are provided for informational purposes only, without us having any control or responsibility over the content of those pages or materials, as well as their policies and/or practices. Establishing links to other websites in no way implies relationships between NÓS TRÊS and the owner or manager of the website to which the link refers. Accordingly, we will not accept any liability for damage or loss due to its use.
Applicable law requires that part of the information or notifications we send you be in writing.
By using this Website, you agree that most notifications exchanged with us are electronic and this form of communication satisfies the legal requirement that such notifications be made in writing.
This condition will not affect rights recognized by law.
Customer notifications should preferably be sent via our email email@example.com. In accordance with the provisions of Clause 16 above and unless otherwise indicated, we will send you notifications by email or to the postal address provided when you placed your order.
Notifications will be deemed to have been received and correctly made at the same time as the customer enters our website within 24 hours of sending an email. To prove that the notification has been made, it is sufficient that the notification has been sent to the email address specified by the recipient.
REASONS/EVENTS OF FORCE MAJEURE
We will not be liable for any breach or delay of any of our obligations assumed due to events beyond our control (Force Majeure reasons of events).
The concept of Force Majeure shall include any act, event, exercise failure, omission or accident that is beyond our control, including but not limited to:
- General strike, or other forms of protest that significantly affect the country.
- Disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (declared or otherwise) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- Inability to use public or private telecommunications systems.
- Impossible to use rail, sea, air, road or other public or private means of transport.
- Government laws, decrees, regulations or restrictions.
Our obligations will be deemed to be suspended for the duration of the Force Majeure Reasons / Events and we will benefit from an extension of the term to fulfill such obligations for a period of time equal to the duration of the Reasons / Events. force majeure.
CHANGE OF TERMS OF SERVICE BY NÓS TRÊS
NÓS TRÊS has the right to change these Conditions at any time. The customer is subject to the principles and terms in effect at the time of his order, unless the law or competent authority imposes any changes thereto (and such changes apply to orders already placed).
These Terms, including the Privacy and Cookie Policies, constitute the entire agreement between you and US THREE regarding the use of the Website.
These Policies are an integral part of these Terms and may not be separated from them.
NÓS TRÊS may, at any time, update, modify or replace any part of these Conditions and the associated Policies by posting in their own place on the Website's homepage or via email such modifications, and it is the customer's responsibility to verify this. page periodically to be aware of any changes, the new version always prevailing over any previous version.
Customer acknowledges and agrees that continued access to and use of the Website and associated services following the posting of any updates, modifications or substitutions to the Website Conditions and the associated Policies constitutes acceptance and agreement to such updates, modifications or substitutions.
18th May, 2019. Lisbon (PORTUGAL)