General Terms and Conditions of Online Sale

GENERAL TERMS AND CONDITIONS OF USE REGARDING PURCHASES AND SALES ON THE WEBSITE

WWW.TIFFOSI.COM

I – GENERAL

1. INFORMATION ABOUT THE DOMAIN OWNER AND VIRTUAL STORE

The domain name www.tiffosi.com, this website and the virtual store available therein (the "Virtual Store") are owned by "COFEMEL - Sociedade de Vestuário, S.A.", an anonymous commercial company with registered office at Rua Fernão de Magalhães, number 2, fraction C, 4400-629 Vila Nova de Gaia, registered at the Commercial Registry Office of Vila Nova de Famalicão under unique registration and legal person identification number 501329684, with share capital of €3,500,000.00 (three million and five hundred thousand euros) (the "Tiffosi").

 

2. SCOPE OF APPLICATION

These General Conditions of Use and of Purchase and Sale (the "Conditions") govern (i) the visit/navigation on the website www.tiffosi.com and (ii) the purchase and sale contracts (the "Contracts") for products made available in the Virtual Store (the "Products"), entered into between Tiffosi and any natural persons acting as consumers (i.e., for purposes not falling within the scope of their commercial, industrial, artisanal or professional activity) (the "Customers"). The stages and timing of the formation of the Contracts and the obligations of the parties are defined.

 

Browsing on www.tiffosi.com and the purchase of any Products in the Virtual Store presupposes that the user/Customer (i) accepts the Conditions and (ii) accepts the Privacy and Cookies Policy of Tiffosi (the "Privacy Policy"). Therefore, we ask that you read the Conditions and the Privacy Policy carefully before using this website. If you do not agree with all the Conditions and Privacy Policies, you should not use this site or order Products.

 

3. GENERAL PREREQUISITES

By navigating on www.tiffosi.com, the user declares and guarantees to Tiffosi, in addition to what is mentioned in the second paragraph of Point 2, that:

  • (i) The personal data and information transmitted to Tiffosi are true and complete;
  • (ii) They will notify Tiffosi of any change to the transmitted personal data and information;
  • (iii) They consent to the processing of said data and information, under the terms provided for in the Privacy Policy;
  • (iv) They will not misuse the website www.tiffosi.com .

 

When ordering Products in the Virtual Store, the Customer declares and guarantees to Tiffosi, in addition to what is mentioned in the second paragraph of Point 2, that:

  • (i) The personal data and information transmitted to Tiffosi are true and complete;
  • (ii) They will notify Tiffosi of any change to the transmitted personal data and information;
  • (iii) They consent to the processing of said data and information, under the terms provided for in the Privacy Policy;
  • (iv) They will not misuse the website www.tiffosi.com;
  • (v) All statements transmitted to Tiffosi are true, serious, complete and correspond to their intent;
  • (vi) They have the capacity (legal capacity and capacity to exercise rights) to enter into the Contract;
  • (vii) They act in their own name and on their own behalf;
  • (viii) They are a natural person acting as a consumer, as referred to in Point 2;
  • (ix) They will not sell or distribute the Products by any means and in any place, physical or virtual.

 

Tiffosi will not enter into any Contracts if the above prerequisites are not met.

 

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

Tiffosi is the owner – or authorised user, as the case may be – of:

 

It is therefore prohibited:

 

The conclusion of a Contract does not entail the granting to the Customer of any licence or sub-licence of exploitation, in whole or in part, for consideration or free of charge, of industrial property rights.

 

5. GOVERNING LAW AND JURISDICTION

The use of the website www.tiffosi.com, the Conditions, the Privacy Policy and the Contracts are governed by Portuguese law.

Should a dispute arise relating to the use of the website www.tiffosi.com or to the interpretation, gap-filling, validity, effectiveness or performance of the Conditions or the Contract, the Parties elect the Judicial Court of the District of Porto as having territorial jurisdiction to hear and decide the dispute.

 

6. PARTIAL INVALIDITY

In the event that any provision of the Conditions, the Privacy Policy or the Contract is declared null or ineffective or is annulled by any Court, the Conditions, the Privacy Policy or the Contract shall remain valid and effective, being governed by the unaffected provisions.

 

7. STATEMENTS ISSUED BY ELECTRONIC MEANS

The following shall be deemed to be issued in writing/on a durable medium: (i) all communications, information or statements, of knowledge or of intent, contained on the website www.tiffosi.com (namely in sales forms or notices placed on this website); (ii) all communications, information or statements, of knowledge or of intent, sent to the Customer by Tiffosi through the email address indicated by the Customer (namely the Purchase Confirmation and the Dispatch Confirmation referred to in Point 13); (iii) all communications, information or statements, of knowledge or of intent, sent to Tiffosi by the Customer through the channels made available on the website www.tiffosi.com (namely sales forms or the contact form) or through the email address provided by Tiffosi.

 

8. ALTERNATIVE DISPUTE RESOLUTION

The Customer may attempt to resolve any consumer dispute out of court through the "Online Dispute Resolution Electronic Platform" (provided by the European Commission), accessible at ec.europa.eu/consumers/odr.

They may also resort to any other Alternative Consumer Dispute Resolution Entity. The updated list of Alternative Consumer Dispute Resolution Entities is available on the "Consumer Portal", at www.consumidor.gov.pt.

 

9. ELECTRONIC COMPLAINTS BOOK

Tiffosi makes the electronic format of the complaints book available on the website www.tiffosi.com. Access to the Digital Platform (to submit a complaint) is processed through the link https://www.livroreclamacoes.pt/inicio.

A complaint submitted in the electronic format complaints book has the same validity as a complaint submitted in the physical format complaints book.

 

10. CUSTOMER SUPPORT, COMMENTS AND SUGGESTIONS

You may request clarifications, additional information (namely about the Conditions or the Privacy Policy) or submit comments and suggestions by email (customer.care@tiffosi.com) or by phone (+351220147590) during the hours indicated on our website.

 

II – GENERAL CONDITIONS OF USE OF THE WEBSITE WWW.TIFFOSI.COM

11. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse the website www.tiffosi.com, namely by introducing viruses, "Trojan horses", "logic bombs" or any other technologically harmful material, programme or code. You must not gain unauthorised access to this website, to the server where this website is hosted, or to any server, computer or database related to this website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Breach of this provision may involve the commission of legally typified offences. We will inform the competent authorities of any breach of applicable legislation and will cooperate in discovering the identity of the attacker. In the event of a breach of this provision, you will also no longer be authorised to use this website.

We will not be liable for any damages resulting from a denial-of-service attack, viruses or any other technologically harmful programme or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading its content or content to which it redirects.

 

12. LINKS FROM THE WEBSITE WWW.TIFFOSI.COM

Any links from the website www.tiffosi.com to other third-party websites or content will be provided for informational purposes only, without Tiffosi exercising any power or control over such websites or content. Therefore, we will not be liable for damages resulting from accessing or downloading those websites or content.

 

III – GENERAL CONDITIONS OF PURCHASE AND SALE IN THE VIRTUAL STORE

13. CONCLUSION OF THE CONTRACT

To purchase Products, the Customer must (i) read and accept these Conditions and the Privacy Policy and (ii) register as a Customer of the Virtual Store, correctly providing their personal data and information requested in the online form.

The following procedure will then be observed:

  • (i) The Customer must carefully analyse the characteristics of the Products they wish to purchase;
  • (ii) The Customer must add to the "virtual shopping basket" the Products they wish to purchase by clicking the "Add" button. When they have finished the selection, they must click the "View Basket" button and then the "Finalise Order" button;
  • (iii) The Customer must review the order, select the payment method and click the "Authorise Payment" button. Upon formalisation of the "Purchase Order", the Contract between Tiffosi and the Customer shall be deemed concluded. The Customer must therefore verify that the Purchase Order does not contain any input errors;
  • (iv) Tiffosi will then send the Customer an email confirming receipt of the Purchase Order (the "Purchase Confirmation"). The Purchase Confirmation will contain the general terms of the Contract (Conditions) and the complete identification of the parties, Products and price and shipping costs (where applicable). This email must be printed or saved by the Customer for their future reference;
  • (v) Subsequently, Tiffosi will send the Customer an email confirming the dispatch of the Product(s) (the "Dispatch Confirmation"). The shipment of the order may be made in more than one package.

 

The Purchase Order, the Purchase Confirmation and the Dispatch Confirmation shall be deemed received as soon as the addressees have the possibility of accessing them.

The Contract shall be governed by (i) the Conditions which, at the time of its conclusion, are available on the website www.tiffosi.com and (ii) the legal provisions that have not been excluded by the will of the parties.

 

14. PURCHASING AS A "GUEST"

The Virtual Store allows purchasing through the "guest purchase" functionality. In this purchasing mode, only the essential data required for the Customer to place their order are requested. Once the purchase process is completed, the Customer will be offered the possibility of registering as a "user" or continuing as an "unregistered user".

 

15. VALUE ADDED TAX

Purchases made in the Virtual Store are subject to Value Added Tax, at the rate in force, which is already included in the price of the products.

 

16. PRODUCT AVAILABILITY

In the event of unavailability of the Product, Tiffosi will immediately inform the Customer and refund the amount paid within 30 days. The provisions of Points 19 and 20 are reserved.

 

17. PRICE AND PAYMENT

17.1. Shipping costs

The prices indicated in the Virtual Store do not include shipping costs (additional transport, delivery and postal charges). For purchases below €29.99 (twenty-nine euros and ninety-nine cents), shipping costs will be added to the total amount due, whenever the products are sent to a delivery point or address indicated by the customer. If the products are collected in-store, shipping costs will never be charged.

 

17.2. Possible typographical errors

The price of each Product is that indicated in the Virtual Store, except in the case of an obvious typographical error. Although we try to ensure that all prices indicated are correct, typographical errors may occur. We will not be obliged to supply any Product at an incorrect lower price (even if we have sent the Purchase Confirmation) if the typographical error is obvious and can be reasonably recognised by the Customer.

If we detect an error in the price of any of the Products ordered by the Customer, we will return the amount paid to the Customer within 30 days. If the Customer wishes to purchase the Product at the correct (rectified) price, they must place a new Purchase Order in the Virtual Store.

 

17.3. Payment

Payment may be made by "ATM", "MBWay", through a "PayPal" account or with "Visa" and "Mastercard" debit/credit cards.

Upon receipt of the Purchase Order, Tiffosi will debit the amount of the order and shipping costs (where applicable).

By clicking "Authorise Payment", the Customer confirms that the card is theirs.

In the event of non-payment, the Contract will be terminated by Tiffosi and, consequently, the Products will not be delivered.

The payment information provided by the Customer will be encrypted and will not be stored on any public server. Although Tiffosi uses highly advanced encryption software, the security of electronic communications will also depend on the adoption of appropriate security behaviours by the Customer. Therefore, Tiffosi cannot be held liable for any damage resulting from the use of electronic means of communication (namely from interception or manipulation of electronic communications by third parties) that is not attributable to an action or omission by Tiffosi.

 

18. DELIVERY OF PRODUCTS

18.1. Delivery

The delivery of the Product (the "Delivery") will occur when the Customer – or a third party designated by them (other than the carrier) – acquires physical possession of the Product. Delivery will be evidenced, in particular, by the signing of the Delivery receipt at the delivery address indicated by the Customer, or by PIN code.

At the time of Delivery, the Customer must inspect the packaging and the Products received, in order to ascertain the existence of any possible non-conformities ("defects"). If they notice any non-conformity, they must not accept the order.

 

18.2. Delivery date

Without prejudice to the provisions of Points 16, 19 and 20, and subject to price reduction periods, we will endeavour to deliver the Product(s) within the following time frames: (i) five working days or (ii) 15 working days, depending on whether the delivery address is located, respectively, in (i) mainland Portugal or mainland Spain or in the (ii) Azores or Madeira archipelagos. In any event, the Product(s) will be delivered within a maximum of 30 days from the date of the Purchase Confirmation. We only make Deliveries on working days.

 

18.3. Place of Delivery

The Products will be delivered in the country where the purchase was made and in accordance with the address country. The country of the delivery address must correspond to the country of the website where the order was placed.

 

18.4. Customer absence

In the event of the Customer's absence at the time of Delivery, the carrier will attempt to make the Delivery on the next working day, or alternatively deliver to the most convenient collection point. If Delivery fails, we ask that you contact us so that we can arrange Delivery for another day. Please note that, in the event of non-delivery of the Product(s) on the first two attempts, you may be charged the expenses relating to storage of the Product(s) and new Delivery attempts (additional transport, delivery and postal charges).

 

19. FORCE MAJEURE

A "Force Majeure Event" means any natural or human occurrence beyond Tiffosi's control that prevents it from fulfilling its obligations.

The following, among others, constitute Force Majeure Events:

  • (i) General strike or other forms of protest that significantly affect the Country;
  • (ii) Acts of war or terrorism, revolutions, riots, insurrections and civil unrest;
  • (iii) Earthquakes, typhoons, tornadoes and cyclones, storms, fires, floods or other extreme weather or environmental conditions;
  • (iv) Falls of celestial bodies or shock waves caused by aerial devices;
  • (v) Nuclear explosions or chemical or radioactive contamination;
  • (vi) Unavailability of public or private means of transport;
  • (vii) Unavailability of public or private communications systems.

 

In the event of a Force Majeure Event, Tiffosi will (i) notify the Customer by email of such circumstance; (ii) take the reasonably necessary steps to mitigate or restrict the adverse effects of the Force Majeure Event; and (iii) will not be liable for delay in fulfilling its obligations. The time limit for Tiffosi to fulfil its obligations will be extended to the extent strictly necessary.

However, the Contract will be extinguished and Tiffosi will be discharged from its obligations if (i) the adverse effects of the Force Majeure Event cannot be remedied within 30 days of its occurrence; and (ii) the Force Majeure Event constitutes an insurmountable obstacle to performance, even with additional efforts.

 

20. TERMINATION

Tiffosi may terminate the Contract upon the occurrence of any of the following:

  • (i) Definitive breach of any obligation by the Customer, namely the payment obligation;
  • (ii) Abnormal – extraordinary and unforeseeable – change in the circumstances upon which the Parties based their decision to contract, with a breach of contractual balance. The following, among others, are included in this provision:
  • a. Serious difficulty, through unexpected legislative change, in the exercise of Tiffosi's activity;
  • b. Unforeseeable increase in the costs of production factors, raw materials or transport;
  • c. Change in the currency, accuracy and/or consistency of the declarations and warranties referred to in Point 3 for any reason that does not constitute a breach of the Contract.

 

Tiffosi will notify the Customer by email of the occurrence of the event. If payment has been made, the Customer will be refunded within 30 days.

However, in the event of any of the circumstances referred to in paragraph (ii), and as an alternative to termination, Tiffosi may submit to the Customer a proposal to change the contractual conditions (namely the price or delivery deadline), according to equitable criteria.

 

21. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

The risk of loss or damage to the Product transfers to the Customer upon Delivery.

The Customer will acquire ownership of the Product upon full payment of the price and, where applicable, shipping costs (the Contracts are concluded under "retention of title").

 

22. RETURN OF PRODUCTS

22.1. General

The Customer may return Products in the following circumstances:

  • (i) Within 14 days of Delivery, without the need to indicate a reason, under the terms indicated in Point 22.2;
  • (ii) Within 30 days of receipt of the Dispatch Confirmation, without the need to indicate a reason, under the terms indicated in Point 22.3;
  • (iii) Within two months from the date on which they detected any non-conformity ("defect") of the Product (subject to the legal limitation period), under the terms indicated in Point 22.4.

 

22.2. Right of free withdrawal from the Contract

The Customer may exercise the right of free withdrawal ("cancellation") through an unequivocal statement to that effect sent by electronic means (through the returns form available in the "Customer Area" of the website www.tiffosi.com). The Customer does not need to indicate the reason for terminating the Contract.

For the withdrawal period to be respected, it is sufficient that the Customer's communication is sent before the expiry of the 14-day period after Delivery.

When the Customer sends the withdrawal statement by electronic means (electronic form), Tiffosi will acknowledge, within 24 hours, receipt of the withdrawal statement, by email sent to the Customer.

The Products will be returned by delivery to the carrier indicated by Tiffosi. The Product must be delivered together with the invoice from the website (available in the "Customer Area" of www.tiffosi.com and also sent to the customer's email). The cost of the return is borne by the Customer.

In the event of the Customer's absence, we ask that the Customer contact us so that the return of the Product(s) can take place on another day. Please note that, in the event of non-collection of the Product(s) by the carrier, the Customer may be charged the expenses relating to new collection attempts (additional transport, delivery and postal charges).

If the return is not made through the carrier indicated by Tiffosi, the Customer (i) must proceed with the return within 14 days from the date on which they communicated their decision to withdraw from the Contract and (ii) will bear the return costs. In this case, Tiffosi will withhold the refund until the Product is received.

Within 14 days from the date on which it was informed of the decision to withdraw from the Contract, Tiffosi will refund the Customer all payments received, excluding Delivery and Return costs. The refund will be made through the same payment method that was used by the Customer in the transaction.

The Customer must keep the Product(s) so as to be able to return them in proper condition of use. The Customer will be liable for any depreciation of the Product if it is not returned in proper condition of use.

The Customer may not freely withdraw from the Contract in the event of purchasing sealed Products not suitable for return for hygiene reasons when opened after delivery.

 

22.3. Contractual right of free withdrawal from the Contract

Without prejudice to the legal right of free withdrawal (provided for in the previous Point), the Customer may withdraw from the Contract ("cancel" the purchase) within 30 days of receipt of the Dispatch Confirmation, without the need for justification.

For the withdrawal period to be respected, it is sufficient that the Customer's communication is sent before the expiry of the 30-day period after receipt of the Dispatch Confirmation.

Products may be returned through the following means:

 

If the return is not made at an authorised "Tiffosi" store, the Customer (i) must proceed with the return within 30 days from the date of receipt of the Dispatch Confirmation and (ii) will bear any return costs. In this case, Tiffosi will withhold the refund until the Product is received.

Within 30 days from the date on which it was informed of the decision to withdraw from the Contract, in the case of return of Products by carrier, Tiffosi will refund the Customer all payments received, excluding any Delivery and Return costs that may exist.

The refund will be made through the same payment method that was used by the Customer in the transaction.

The Customer may not freely withdraw from the Contract, under the terms of this Point, in the case of (i) purchasing sealed Products not suitable for return for hygiene reasons when opened after delivery, (ii) use of the Products or (iii) removal of the Products' label.

Therefore, this right may only be exercised if the Customer can return the Products in the exact condition in which they received them.

 

22.4. Rights in the event of sale of defective Products

In the event of non-conformity ("defect") of the Product, the Customer may request replacement of the Product or termination of the Contract.

Free of charge: Delivery to any authorised "Tiffosi" store in Portugal that has the same section as the Products you wish to return. In this case, you must go to any of these stores and present, together with the Product, the invoice (available in the "Customer Area" of the website www.tiffosi.com). The return will be made through the issuance of a "voucher" valid for two months or through a refund by the same payment method used for the purchase.

The return of Products under the terms of this Point must always be substantiated. The Customer must notify Tiffosi of the non-conformity within two months from the date on which they detected it, provided that the legal limitation period (from Delivery) has not elapsed.

A Product is considered not to conform to the Contract if:

  • (i) It does not conform to the description given in the Virtual Store;
  • (ii) It is not fit for the purposes for which goods of the same type are ordinarily used;
  • (iii) It does not present the qualities and performance usual in goods of the same type and which the Customer could reasonably expect, taking into account the nature of the good and the statements made by Tiffosi about its specific characteristics.

 

A non-conformity is not considered to exist, in particular, if:

  • (i) At the time of conclusion of the Contract, the Customer was aware of the non-conformity or could not reasonably be unaware of it;
  • (ii) The Customer made imprudent use of the Product;
  • (iii) The Customer gave the Product a use incompatible with its nature or with the use ordinarily given to goods of the same type.

 

Please note that the products we sell, especially those made by artisanal means, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and colours, may not imply any non-conformity of the Product. On the contrary, you should expect the presence of such characteristics and appreciate them. We only select products of the highest quality, but the characteristics of the materials are inevitable and must be accepted as part of the individual appearance of the Product.

If the Customer wishes to replace the Products or terminate the Contract, the Products must be delivered to any "Tiffosi" store in Portugal or Spain. In this case, the Customer must go to any of these stores and present, together with the Product, the invoice (available in the "Customer Area" of the website www.tiffosi.com).

If the Customer wishes to terminate the Contract, Tiffosi will refund the Customer all payments received within 30 days. The refund will be made through the same payment method that was used by the Customer in the purchase.

The termination of the Contract or the replacement of the Product shall have no costs for the Customer. Therefore, they shall not be liable for payment of, in particular, transport, labour or material expenses.

 

22.5. Verification procedure

In the cases provided for in Points 22.2 to 22.4, Tiffosi will verify whether the legal and contractual requirements for termination of the Contract or replacement of the Product are met, as requested by the Customer.

If Products are received outside the circumstances provided for in Points 22.2 to 22.4, Tiffosi will (i) not carry out any of the services provided therein (in particular, it will not refund the Customer of payments received) and (ii) will return the Products to the Customer.

The cost of re-sending the Product will always be borne by the Customer. Tiffosi will communicate this value to the Customer. The Customer may, however, declare that they do not wish to receive the Product again, taking into account the costs involved.

 

23. ASSIGNMENT OF CONTRACTUAL POSITION

The Customer may not transfer their position in the Contract, nor any rights or obligations arising therefrom, to a third party, without the prior written consent of Tiffosi.

Tiffosi may transfer its position in the Contract, as well as any rights or obligations arising therefrom, to any company of the "VNC Group".