TERMS & CONDITIONS

General Terms

Please read through these General Terms and Conditions, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these General Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the General Terms and the Data Protection Policies in force at the time that you use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.

By placing an order, you confirm your agreement to these terms of sale, which take precedence over all previous versions or any specifications made by you, including in e-mail correspondence.

 

Our Details

Sale of goods through this website is carried out under the SELVA name by Selva Apparel, a Portuguese company with registered office in Apartamento 174, Sítio dos Pinheiros Altos, Quinta do Lago, 8135-863, Almancil, Portugal.

 

1. Orders

1.1 Product Offering

The Products are presented in accordance with legal regulations and are as accurate as possible.

There may be differences between the Products shipped and those shown on the Website or in the catalogue, primarily for handcrafted Products, each of which is unique, and Products for which technical or technological modifications have been made. You may not cancel your order or refuse delivery due to such differences, provided that they do not affect the essential features or quality of the Products. However, we cannot guarantee that the colour you see on the Website or in the catalogues matches the product colour, as the display of the colour depends in part upon the browser and monitor you are using. SELVA cannot be held liable for inaccuracies in the photographs on the Website.

1.2 Availability of Products

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

1.2 Order Acceptance

By confirming your order, you are placing a firm order. The order becomes firm for SELVA when the payment is validated and the order is recorded.

All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Delivery Confirmation”). The contract for the purchase of a product between us (“Contract”) will only be formed when we send you the Delivery Confirmation.

2. Price Payment

2.1 Product Prices

Product prices are shown in EURO €, inclusive of taxes relating to Product sales including VAT. Prices are guaranteed until a new catalogue is published.

The price of any products will be as stipulated on our site from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur.

The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Shopping Guide. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.

2.2 Shipping Charges

Your products may be delivered by carrier or parcel service. The type of shipping will be specified when you place your order.

2.3 Payment

Payment shall be made in EURO €. The full price must be paid at the time of order, by credit card, bank transfer, or PAYPAL, unless otherwise stated when you place your order, sent to the following address:

SELVA
Apartamento 174,
Sítio dos Pinheiros Altos,
Quinta do Lago, 8135-863, Almancil
Portugal

If the bank transfer is not received within 8 days of the date you confirm your order, the order will be cancelled.

No charge will be made to your credit card until your order has been dispatched for delivery. However, if your form of payment is Paypal, the charge will be made the moment we confirm the order.

As part of an ongoing effort to fight online fraud, SELVA may sometimes be required to verify a customer’s bank details or identity before a delivery can be made. By ordering on the SELVA website, the customer agrees to provide the required details or proof of identity. If a satisfactory response is not given within the specified delay, SELVA reserves the right to cancel the order in question.

Orders are not recorded until payment has been validated, so no discounts or late charges can apply.

Payment with PayPal 

PayPal is a secure payment method which allows you to pay for your articles quickly without having to share your bank details with retail websites. You just have to provide your details when you create your PayPal account. They are then encrypted and secured for good. If you already have a PayPal account, you can use it on our website to pay for your purchases quickly and completely securely. If you do not have a PayPal account, you can still opt for this payment method. When the time comes to pay, you will be redirected to a PayPal page where you can enter your bank details (and choose whether to create a PayPal account or not).

3. Acceptance, Claims & Returns

Before signing for the shipment, you must check for damage, missing items, defects or other non-compliances. This includes checking the condition of the packaging, the number of packages, and the quantities, references, condition and features of the Products.

If you wish to file a claim, you must contact the SELVA shipper.

For the claim to be valid, you must:

• Indicate the specific problems involving damaged or missing items on the delivery packing slip. General statements such as “subject to unpacking” are insuficiente.
• Send your claims in writing by email address  info@selva.com.pt
• Send your claims in writing by registered letter with return receipt to the shipper within 3 days following delivery, not including holidays.

You must send a copy of the claim to SELVA within the same timeframe.

You must be able to provide proof that the claims are true and allow SELVA, its shippers, or any other persons authorized by them to inspect the items. You must not intervene or allow third parties to intervene.

If your claim is accepted, the defective Product will be exchanged, or refunded if the Product is not available in stock or from our suppliers. The Product being returned must be handed over to SELVA shippers in perfect condition, in its original packaging, with all of its accessories. No returns will be accepted without the prior agreement of SELVA.

In case you have a custom order, the return of the product is not valid.

Until 15 days after deliver:

• You must send an email for info@selva.com.pt informing that you’ll return an item, informing the order or invoice number, which are the products that you will return and specify the reasons for returning. Please specify if you want to substitute for a similar object or instead want to receive the item’s price.
• We’ll contact you. Please do not return any object before that.
• Please put the object in the original package without being used (in perfect conditions…) and send to:

• There will not be accepted orders delivered by charge.
• We will only refund shipping charges if we’ve sent the wrong item, or if the item sent is defective.

In other circumstances, items will be charge.

Statutory right to cancel your purchase

Right to cancel

The cancellation period will expire after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the products, or in case of multiple products in one order delivered separately, after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the last product.

To exercise this cancellation right, you must notify us SELVA of your decision to cancel the Contract by making a clear statement to us that you wish to cancel the Contract. You may notify us by sending an email.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of this cancellation right before the cancellation period has expired.

Effects of cancellation

If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the additional costs of delivery where you have chosen a type of delivery other than the least expensive type of standard delivery offered by us).

Reimbursement will be without undue delay and in any event not later than (a) 14 days from the day we have received back from you any products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the products.

We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.

4. Warranty Liability

Products (including handicraft products) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

4.1 Invoking the Warranty

To invoke the warranty, you must contact the SELVA customer service department at the following number: +351 966205378 – Costumer Care. You must have the original invoice in order to benefit from the warranty.

4.2 Liability of Selva

SELVA liability is limited to the purchase price of the defective or non-compliant Products, including as regards applicable contractual or legal warranties. SELVA shall under no circumstances be held liable for any indirect damage or financial loss suffered by you or a third party.

5. Delivery

If you’re trying to estimate when a package will be delivered, consider the following:

• Payment must be received prior to processing, so it will depend on the payment method that you choose.
• Please check the individual availability of the product/s you have ordered.
  Your order will be dispatched when every item is available.
  When all the items are in stock, the orders are send at same day or next day, accordingly with the hour when purchase was done. Otherwise, they are send in the maximum deadline showed at the items that aren’t in stock. If your order is likely to take any longer, we will contact you.
• Once your order has been shipped it usually takes:
  Portugal: 1/2 working days

Countries within the European Community: until 4 working days
Countries outside the European Community: until 15 working days

Reasons for delay could include:

1. Customisation of products;
2. Unforeseen circumstances;
3. Delivery area.

You agree and acknowledge that delivery may take longer than 30 days from the date of the Order Confirmation if there are exceptional circumstances.

If for any reason we cannot meet the delivery date you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Please note however that we do not deliver on Saturdays or Sundays.

International Customers

We ship worldwide.

If your country is not listed in the shopping bag country list, please contact info@selva.com.pt and ask for a quotation.

SELVA is governed by Portuguese legislation and cannot be responsible for shipments of substances that are not allowed to be sold in the destination country.
In these cases:

1. If the shipping is done by Portuguese official post office, it is automatically returned because the goods are not allowed at the destination. After we receive it, we’ll refund the value of products by discount voucher.
2. If the shipping is made ​​by express mail, the return of order might imply charging of the shipping value to the customer.

If the value is accepted, it is deducted to the refund value (through discount voucher).
If the value is not accepted, SELVA reserves the right of the non-collection of the order, choose the abandonment of the order (destruction of the order) and consequently does not refund any value to the costumer.

Intellectual Property

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

Viruses, Hackering and Other Cybercrimes

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.

Written Communications

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

Notices

All notices given by you to us should be given to us via our web form. Subject to and as otherwise specified we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

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

1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. The acts, decrees, legislation, regulations or restrictions of any government.

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

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

Severability

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

Entire Agreement

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms. Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

Our Right to Vary This Terms

We have the right to revise and amend these General Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

Law & Jurisdiction

We have the right to revise and amend these Terms from time to time. The use of our website and the Contracts for the purchase of products through such website will be governed by Portuguese law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Portuguese courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.

 

(14 September 2016)

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