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General Conditions of Sale
Updated to March 2017


1. general provisions
2. identification of the vendor
3. information on products and their availability
4. price
5. purchases
6. method of payment
7. conclusion of the contract
8. invalidity of the order proposal
9. transport and delivery
10. dispatching and delivery confirmation
11. wrapping or packaging
12. personalised products
13. right of withdrawal and cancellation of orders
14. replacement of products
15. lack of conformity
16. errors or inaccuracies
17. guarantee of authenticity and intellectual property rights
18. applicable law and competent jurisdiction
19. contacts


1. general provisions


1.1.
These general conditions of sale (hereinafter, “General Conditions”) apply to all distance sales of “BY-PT” products (hereinafter, “Products” or “Product”) carried out through the www.by-pt.com website (hereinafter, “Website”).


1.2.
Distance selling services described in these General Conditions are only available to consumers (hereinafter, “Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18 (or, if they are minors, duly authorized by their legal representative).


1.3.
The language used to enter any contract through this Website is Portuguese.


1.4.
Clients are required to carefully read the General Conditions, which have been made available on the Website to enable Clients to acknowledge, store and reproduce them pursuant to Article 31, paragraph 1, of Decree Law 7/2004, of 7 January (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market – hereinafter, “Ecommerce Decree”). A copy of the General Conditions shall in any case be sent to the Client by email, as set out in Paragraph 7 of these General Conditions. Contracts with the Clients will be archived by BY-PT with access for the Clients via the Website through their account.


1.5.
Contracts entered into with BY-PT (as defined below) through the Website are governed by Portuguese law, including the Decree Law 143/2001, of 26 April (“Implementation of Directive 97/7/EC on the protection of consumers in respect of distance contracts – hereinafter, “Distance Sales Decree”) and the Ecommerce Decree.


2. identification of the vendor


2.1.
The vendor is Etapa Primordial, Lda, a company with registered office at Rua Paulo da Gama, 629, 4150-589 Porto, Portugal, VAT number PT513824472.


3. information on products and their availability


3.1.
Information on Products, along with the relevant product codes are available on the Website. This information is provided in accordance with Articles 4 and 5 of the Distance Sales Decree.


3.2.
The Website does not contain every Product. The Products available on the Website are a selection of items such as bags, shoes, leather goods, luggage, homeware, jewellery, sunglasses, accessories, herbs, preserves, honey, beauty products and luxury goods. Depictions of the Products displayed on the Website may not correspond to their actual appearance. For any further information, the Client may contact customerservices@by-pt.com


3.3.
All the Products are subject to availability. BY-PT reserves the right at any time to alter limits on quantities and/or types of Products available online from the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the transaction process, an automatic response will inform the Client when the order will be fulfilled or if the order cannot be processed due to the unavailability of the ordered Product.


4. price


4.1.
The prices of the Products are indicated on the Website in Euros and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.


4.2.
BY-PT regularly verifies that all the prices displayed on the Website are correct, however, cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, BY-PT shall offer the Client the opportunity to purchase the Product at the correct price or to cancel the order.


4.3.
The information displayed on the Website does not represent an offer by BY-PT.


5. purchases


5.1.
The essential characteristics and the price of each Product are provided for each Product displayed on the Website.


5.2.
Before submit an order proposal, Clients should ensure that they read and understand all the instructions provided during the purchase procedure along with these General Conditions, because they will be bound by all of them once a contract comes into existence. To purchase a Product, Clients must fill in an order proposal and send it to BY-PT through the Website. Clients must place the Product in their “shopping bag” and, after having read and accepted these General Conditions, with particular regard to the delivery charges and the conditions for the right of withdrawal, as well as after having read the privacy policy statement, must select the desired payment method and choose the “place order” option.


5.3.
If Clients need to correct any errors in data they have entered, they should follow process provided on the Website, before sending their order proposal. In particular, Clients may alter the quantity of Products that they intend to purchase by adding or removing one or more Products from their “shopping bag”.


5.4.
By sending an order proposal to BY-PT, the Client acknowledges and declares that (s)he has read all the instructions provided during the purchase procedure and fully accepts these General Conditions.


5.5.
Without prejudice to the use of data described in the privacy policy statement and subject to the express consent of the Client, the order proposal and the Client’s data related to that order proposal may be kept by BY-PT for the period required by applicable legislation.


6. method of payment


6.1.
Clients may pay for the Products and the relevant delivery charges by MB, PayPal or by bank transfer.

 

6.2.
The transactions will be debited from the Client’s PayPal account only after:
(iii) the availability of the Product has been confirmed by BY-PT.


6.3.
BY-PT also accepts payments made by bank transfer to the following IBAN code: IBAN: PT50 0010 0000 5353 4440 0011 6 - BIC: BBPIPTPL, BPI (Banco Português de Investimento). All costs and expenses (including bank charges) associated with the bank transfer, invoiced, as the case may be, to the Client by his/her bank, shall be borne by the Client.


6.4.
In the event that, for any reason, it is impossible to debit amounts due from the Client, the transaction shall be stopped and the sale cancelled.


7. conclusion of the contract


7.1.
The contract between BY-PT and the Client shall be deemed to be executed at the moment that the Client receives confirmation from BY-PT that his/her order proposal, sent through the process set out on the Website, has been concluded successfully, once the availability of the Product has been verified and the price for the purchase has been debited to the Client’s PayPal account or MB payment confirmation or, in the case of payment by bank transfer, confirmation of the receipt of the bank transfer has been received. The Client’s order proposal shall become binding on BY-PT when the Website purchase procedure is completed without error.


7.2.
BY-PT reserves the right to partially fulfil any order proposal in the event that one or more of the Products ordered by the Client is not available. In such cases, only the sum relating to the partially fulfilled order proposal shall be debited.


7.3.
BY-PT shall not be liable for errors due to the Client’s connection to the Website.


7.4.
In accordance with the provisions of Articles 4 and 5 of the Distance Sales Decree at the moment of confirmation of the order or execution of the contract, BY-PT shall provide the Client, by email, a summary of the General Conditions, information on the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalised Products, the address to which complaints may be addressed, information on support services and on existing commercial terms. The Client should immediately review this communication and notify BY-PT of any errors or omissions immediately.


8. invalidity of the order proposal


8.1.
Notwithstanding the provisions of Paragraph 7 above, no order proposal shall be considered as accepted by BY-PT nor shall any contract be concluded between BY-PT and the Client if BY-PT has reasonable reason to believe that the Client:
(i) intends to purchase the Products for commercial or professional purposes;
(ii) is not a bona fide Client; or
(iii) attempts to exercise a right of cancellation in any illegitimate manner.


8.2.
In such cases, the order proposal sent by the Client shall be void and have no effect. BY-PT shall notify the Client, by email, of its non-acceptance of the order proposal and the failure to conclude the contract and shall also cancel any debit and/or charge against the Client.


9. transport and delivery


9.1.
For security reasons, Products purchased from the Website shall be delivered to the address indicated by the Client. The signature of the Client or of a nominated adult over 18 years of age will be required at the time of delivery. BY-PT cannot deliver to PO boxes.


9.2.
In case of payment by bank transfer, deliveries shall be sent once the transfer has been received in cleared funds by BY-PT.


9.3.
For each order, BY-PT shall invoice the Products by email or by post to the purchaser, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after it has been issued.


9.4.
Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.


9.5.
All purchases shall be delivered by a selected courier service (e.g. UPS Express) (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays, from the day following that of the confirmation of acceptance of the order proposal, on the basis of the indicated availability. BY-PT is not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.


9.6.
In all cases, except those of force majeure or unforeseeable circumstances, in accordance with Article 5 of the Distance Sales Decree, the Products shall be delivered within 30 (thirty) days from the day following that of the contract conclusion as per Paragraph 7.1 above, unless BY-PT notifies the Client, including by email, within the same term or by the last date agreed for delivery, of the ordered Products being unavailable, including temporarily unavailable. In this event, BY-PT shall reimburse any sums paid by the Client in respect of the order.


9.7.
In the event that, in response to BY-PT’s notification of a delay in the delivery, the Client wishes to cancel the order, any amount already paid by the Client shall be reimbursed as soon as possible, in all cases no later than 30 (thirty) days of the date of receipt of the Client’s notification of cancellation of the order, with the exception of personalised Products, which are subject to Paragraph 12 below.


9.8.
The Client or his/her nominated representative must be present at the delivery address indicated on the order for delivery of the Products. At the time of delivery of the Products by the Courier, the Client is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the consigned parcel.


10. dispatching and delivery confirmation


10.1.
BY-PT shall send the Client a confirmation email once the Products are dispatched and a further communication once the Products have been delivered.


11. wrapping or packaging


11.1.
Products purchased from the Website are delivered with the proper BY-PT standard packaging.


12. personalised products


12.1.
In accordance with the provisions of Article 7, letter d) of the Distance Sales Decree, subject to Paragraph 15 below, the right of withdrawal, to cancel or return, which would otherwise be available, does not apply to orders for personalised Products, such as, for example, those with the Client’s initials engraved on the Product. The Client is aware that images on the Website do not necessarily correspond to reality: images and photographs of the engraving may not reflect the actual appearance of the final product.


13. right of withdrawal and cancellation of orders


13.1.
BY-PT seeks the complete satisfaction of its Clients. Pursuant to Article 6, paragraph 1 and paragraph 2, letter a) of the Distance Sales Decree, the Client has the right to withdraw from the contract without specifying any reason, by returning the Products, purchased from the Website, within 14 (fourteen) days of the date the Products were received. This applies to all Products other than the personalised ones, which are subject to Paragraph 12.1.
Shoes
All shoes should be tried on a carpeted surface before wear. Shoes should be returned unmarked and in their original, undamaged shoe box. Shoes that are returned without their original packaging or with marks may not be accepted and returned to you.
Beauty
Cosmetics, fragrances and personal grooming products must be returned unused, unopened and in their original packaging otherwise we may not accept them and return them to you
Non-returnable items
We are unable to refund or exchange the following products, unless they are faulty:
- Jewellery
- Food and drink - including and all perishable goods
- Hampers, both bespoke and non-bespoke
- Gift boxes
If you are not sure whether a specific item falls into any of the categories above, please contact us to customerservices@by-pt.com.
Faulty goods
Items are classified as faulty if they are received damaged or with a manufacturing fault. If any items or services you purchase are faulty, you have the right to return them for a full refund excluding the cost of shipping. Please contact to customerservices@by-pt.com should you wish to return a faulty item. All our orders are quality controlled and checked before being dispatched. However if an item you receive is damaged, please contact to customerservices@by-pt.com who will be happy to assist you. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
Late returns
Returns we receive outside of our 14 days returns policy without prior notification will only be accepted at our discretion.
Gift returns
If you would like to return an unwanted gift, please note that the refund will be made to the person who made the purchase, via the original payment method. Unfortunately, no refund or exchange can be made to the person who received the gift when the order is returned by post.


13.2.
To exercise the right of withdrawal, the Client should email the following to customerservices@by-pt.com:
- an indication of his/her intention to exercise the right of withdrawal;
- an indication of the products for which the client wishes to exercise the right of withdrawal;
- the order number; and
- in the event that the client purchased the products by bank transfer, the client’s iban code to which the reimbursement is to be made.


13.3.
Upon exercising the right of withdrawal, BY-PT shall reimburse the full price of the Products provided that they are returned by the Client unworn, unused and undamaged, accompanied by the relevant original invoice and the original BY-PT packaging. BY-PT shall accept returns and exchanges of Products that have been delivered with a return/exchange label or adhesive or seal only if the instructions for return indicated above are fully complied with and the label or adhesive or seal is intact and attached to the Product.


13.4.
BY-PT reserves the right to refuse returns of Products that do not comply with these requirements. In cases of defective Products, the provisions of Paragraph 15 “Lack of conformity” shall apply. Reimbursements shall be made by the same method of payment used for purchase.


13.5.
The cost of returning the Products shall be borne by the Client. Any cost sustained by the Client in the return of Products is not refundable.


13.6.
Each delivery shall contain simple instructions for the return of the Products.


13.7.
BY-PT undertakes to reimburse the Client within 30 days of the date of receipt of the Client’s notification of cancellation of the order or receipt of the withdrawal.


13.8.
BY-PT shall send a notification email once the reimbursement has been made.


13.9.
It is recommended that the Products be returned using a courier, insuring the entire value of the item and using a tracked delivery service. BY-PT cannot be responsible for reimbursement or compensation of Products returned but not received by BY-PT due to loss, theft or damage that is not attributable to BY-PT.


13.10.
If a Client wishes to amend or cancel an order already made, he/she must immediately send an email to customerservices@by-pt.com. This e-mail must be sent before the Client receives confirmation of dispatch by BY-PT.


13.11.
BY-PT shall make every effort to satisfy the Client’s request. However, once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in these General Conditions.


14. replacement of products


14.1.
BY-PT allows Clients to replace Products purchased on the Website.


14.2.
To replace a Product purchased on the Website, Clients should follow the procedure set out below.


14.3.
Clients who are not fully satisfied, or who believe there is a discrepancy in their order must keep all the documentation relating to the delivery and the Product itself in its original packaging, and return the Product within the term and following the procedure set out in Paragraph 13 above.


14.4.
The Product to be replaced must be received by BY-PT in its original conditions as when delivered, as provided in Paragraph 13.3.


14.5.
Under the replacement procedure, the amount paid by the Client shall firstly be reimbursed, through the payment system used by the Client for the purchase, as set out in Paragraph 6, before the new transaction can be made.


14.6.
To replace a Product, Clients must fill in the form provided with each delivered Product, clearly indicating the code and the size of the new Product that the Client wishes to receive.


14.7.
The placement of the new order is subject to the availability of the Products requested.


14.8.
Delivery costs for the return of the Product are borne by the Client.


14.9.
In the event that the Client is seeking replacement due to lack of conformity pursuant to Paragraph 15 below, the replacement Product shall be sent to the Client by courier without any additional delivery charge.


15. lack of conformity


15.1.
If a Product sold by BY-PTi has manufacturing defects or in any case of alleged lack of conformity of Products sold by BY-PT, the Client must immediately contact Online Support by email to customerservices@by-pt.com, or by post to the following address:

BY-PT | Att. Online Sales Assistant

Rua Paulo da Gama, 629

4150-589 - PORTUGAL


15.2.
The legal guarantees established by Articles 4, 5 and 5-A of Decree Law 67/2003, of 8 of April apply to the sale of the Products. Under these Articles, the Client has the right to have the Products brought into conformity free of charge by repair or replacement, or, in case of failure of one of the remedies above, to have an appropriate reduction made in the price of the Products, or the contract cancelled. The Client waives these rights if it fails to notify BY-PT of the lack of conformity within two months of the date on which the Client detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by BY-PT shall automatically lapse twenty six months after the delivery of the Products.


16. errors or inaccuracies


16.1.
BY-PT undertakes to provide up to date information in the sections of the Website relating to the description and/or sale of the Products. However, BY-PT cannot guarantee the Website will be error free. The Website in question may contain typing errors, inaccuracies or omissions, for example relating to the price or availability of the Product or in the information provided on the Product. BY-PT reserves the right to correct such errors, inaccuracies or omissions, even after an order proposal has been sent, and also reserves the right to change or update information at any time without prior notice.


17. guarantee of authenticity and intellectual property rights


17.1.
BY-PT guarantees the authenticity of all Products purchased on the Website.
We promise that BY-PT is authorized to sell all product and that every brand we sell is authentic


17.2.
The “BY-PT” trademark, together with the set of figurative and non-figurative trademarks, service marks, present in the Products, the relevant accessories and/or packaging, marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the company Etapa Primordial,Lda.


18. applicable law and competent jurisdiction


18.1.
These General Conditions are governed by Portuguese law and must be interpreted in accordance with Portuguese laws.


18.2.
Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Client/consumer.


19. contacts


19.1.
Please direct any enquiries you may have about the BY-PT website or online purchases to info@by-pt.com. You can reach us by post at:
BY-PT | Att. Online Sales Assistant

Rua Paulo da Gama, 629

4150-589 - PORTUGAL

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