TERMS OF PURCHASE AND USE
This document (together with the documents mentioned in the annex) establishes the conditions that determine the use of this website (www.pukatukaonline.com) and the purchase of products on it (hereinafter "Conditions"), as well as, with the necessary adaptations, to the brand pages on Facebook, Instagram and/or WhatsApp.
Therefore, if you do not agree with all the conditions and the privacy policies, you should not use this site.
These conditions can be changed, it is your responsibility to read them periodically, since the current condition at the time of using the website or signing the contract (as defined below) are those that will apply.
If you have any questions regarding the conditions or privacy policies, you can contact us using our contact form.
2. OUR DATA
This website is run under the name “Pukatuka” by White Linen, Unipessoal, Lda., headquartered at Rua Anjos, 32/34 Algés, Portugal, registered at the Cascais Commercial Registry, under number 507 532 090, which it is also the identification number of the legal person, with a share capital of € 5,000.00 (five thousand euros), and the e-mail address email@example.com.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
4. USE OF OUR WEBSITE
By using our website and/or placing orders through it, the customer undertakes to:
4.1. Use this website only to make legally valid inquiries or orders.
4.2. Do not place any false or fraudulent orders. If, rationally, we can consider that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities.
If you do not provide us with all the necessary information, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The items presented on this website are available for delivery to the countries indicated on the website.
6. ENTERING INTO THE CONTRACT
To place an order, you must follow the online purchase procedure and click on “Authorize Payment”, had beforehand read and accepted these Purchase Conditions. By doing so, you are entering into a purchase and sale agreement with us (the “Agreement”). You will then receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). You will also receive an email in which we will confirm that the order has been shipped (the “Delivery Confirmation”). An electronic ticket with your order details must be attached to the Delivery Confirmation (the “E-ticket”).
7. PRODUCT AVAILABILITY
All product orders are subjected to availability. In this sense, if there is any difficulty regarding the supply of products or if there are no items in stock, we will inform you immediately of the unavailability, and we will refund any amount paid by you within 30 days.
When the product is available in stock, usually, it is shipped the same day or the day after receiving the order.
If there is any stock failure, it will be sent within a maximum period of up to 30 days after receiving the order. After confirming the order, the expected delivery period will be indicated.
If there is a delay in delivery, you will be informed and we will continue to control the shipment. You can cancel the order if the delivery is delayed by more than 30 working days and if the delay is not your responsibility.
Without prejudice to the provisions of the previous clause, regarding the availability of the products, and unless extraordinary circumstances occur, we will try to send the order for the products mentioned in each Delivery Confirmation before the date indicated in the Delivery Confirmation in question or, if you have not no delivery date has been specified, within 30 days of the Order Confirmation date.
However, delays may occur for any of the following reasons:
• product customization;
• specialized articles;
• unforeseen circumstances; or
• problems in the delivery zone.
If we are unable to meet the delivery date for reasons beyond our responsibility, we will inform you of this circumstance giving you the option to continue with your purchase, set a new delivery date, or cancel the order with a refund, total amount paid, without prejudice to all other rights that you may have under the terms of the applicable legislation.
Depending on the delivery method, you may have to collect the order at a certain delivery point. It is necessary that you do so within the period stipulated in the delivery notification. If you do not collect it within that period, you may have to pay additional fees and pay for the return of the order. We can cancel the order if the delivery is not made on time. Orders are sent either by CTT, by Carrier (MRW/FedEX).
According to these conditions, the “delivery” must have been carried out or the order “delivered” when the customer or a third party indicated by him is physically in possession of the products, which will be evidenced by the signature of the order receipt at the delivery address indicated.
9. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, we will contact you indicating where your order is and what to do to have it delivered again. If you are not at the delivery location at the agreed time, please contact us so that we can arrange delivery for another day.
Please note that, in case of non-delivery of the product within the stipulated period, you may be charged the costs related to the storage of the products and the re-delivery attempts.
10. INSTANT DELIVERY
If the customer has chosen the in-store delivery option, they may receive a notification from our “Instant Delivery” service informing them that the items in their order are available.
This service is dependent on stock availability and other factors, and therefore cannot be chosen by the customer when placing his order. If you receive notification that “Instant Delivery” is available, your order will be available for collection at your designated store, prior to the delivery dates specified in the Purchase Guide section of our website.
Once your “Instant Delivery” order has been prepared, we will contact the customer to let you know that you can pick up the order. The order can be collected in person (by presenting the order number and a document proving your identity) or you can appoint another person to collect your order. In that case, the nominated person will have to present the application number and a document proving his identity.
The terms of this clause (together with the other terms) will apply to the customer if he makes a purchase through the “Instant Delivery” service, and is also subject to any other applicable rules.
11. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The risk of the products will be borne by the customer from the moment of delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due in respect of the same, including shipping costs, or at the time of delivery (as defined in clause 8 above), whichever is later.
12. PRICE AND PAYMENT
The price of each product will be that stipulated, at all times, on our website, except in the case of an obvious error. While we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products that the customer has ordered, we will inform you as soon as possible and give you the option to re-confirm the order at the correct price or to cancel it. If we are unable to contact the customer, the order will be canceled and the amount paid will be refunded in full.
We will not be obligated to supply you with any product at the incorrect lower price (even if we have sent the Shipping Confirmation) if the price error is obvious and unambiguous and could reasonably have been recognized by the customer as being an incorrect price.
Prices on this website include VAT when specified (depending on the country where the product will be shipped, VAT may not apply) but do not include shipping costs, which will be added to the total amount owed, according to the following table:
i. Orders for Continental Portugal are sent through MRW and have a cost of € 6.00.
ii. Orders sent to the Islands are sent via CTT and have a cost of € 6.00.
iii. Orders sent to the Eurozone are sent by DHL and have a cost of €12.90;
iv. Orders sent to the rest of the world are sent by FedEx and have a variable cost between €35.00 and €45.00.
Please note that local costs (such as currency conversion fees, credit or bank card fees, sales fees, customs duties, etc.) may apply, depending on the country you live in and its domestic laws. These expenses are borne by the Customer and will not be reimbursed by Pukatuka.
Prices may change at any time, but (except as set out above) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once your purchases have been made, all the items you wish to purchase have been added to your cart and the next steps will be to complete the order and pay. To do so, you must follow the steps of the purchase process, filling in or verifying the information requested in each step.
In addition, during the purchase process, before payment, the customer can change the details of their order. The user has a detailed description of the purchase process in the Purchasing Guide. If you are an already registered user, a record of all requests made by the user will be available in the “My Account” area. You can pay with Visa, Mastercard, American Express, Affinity Card and PayPal.
Please note that the "Size Change" option is only available when using the following payment methods: American Express, MasterCard and VISA.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorise your card to ensure there are sufficient funds to complete the transaction.
We will debit from your card as soon as your order leaves our warehouses.
If your payment method is Paypal, the debit will be made when we confirm the order.
By clicking on «Checkout», the customer confirms that the credit card is theirs or that they are the legitimate owner of the payment card.
Credit cards are subject to verification and authorization by the issuing entities, but if they do not authorize payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with the customer.
13. BUY AS A GUEST
This website also allows for purchase via the guest purchase functionality. In this type of purchase, only the essential data to be able to place your order are requested. Once the purchase process is completed, you will be offered the possibility to register as a user or continue as a non-registered user.
14. VALUE-ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
15. EXCHANGE POLICY
15.1 Right of free termination of the contract
According to the applicable rules, if you are contracting as a consumer, the customer has the legally established right to terminate the contract, up to 14 calendar days, after its conclusion without giving any reason.
The free resolution period will expire after 14 calendar days from the day on which the customer (or a third party - other than the carrier - indicated by you) physically purchases the product.
To exercise the right to terminate the contract, the customer must access their customer account and in the “My Account” area, go to the space designated “Returns” where the process can be started automatically.
It is important to bear in mind that you have 14 calendar days to return the product, starting on the day you receive the order.
The products must be returned with all the original tags, without signs of use or washing, dirt or smell.
We remind you that some products may not be returnable, such as: personalized products, made to order or with changes to the existing model, as well as, if they are part of a set and cannot be separated.
Effects of ending the contract:
If the customer ends the Contract, we will refund the amount paid for the products, (not including return costs) without undue delay and provided that it does not exceed 14 days from the date in which you were informed of your decision to terminate this contract.
We will issue the refund using the same payment method that the customer used for the original transaction if it was through Visa or Paypal. In the case of MbWay and Bank Transference, the method applied will be the latter, requiring the provision of the IBAN.
Notwithstanding the foregoing, we may withhold the refund until we receive the products back, or until the customer demonstrates evidence that they have returned them. If the product has been used, more than necessary to try a first time, a depreciation will be deducted from the refunded amount.
Unless the customer delivers the products to the physical store, the customer must bear the return costs.
Note that, after delivery of the order, if the customer exercises the right to terminate the contract and makes the return through a carrier chosen by you, we cannot assume the risk on the return package when referring to causes not attributed to Pukatuka.
Likewise, the customer is responsible for the contents of the return package. In the event of an error in the content of the return package not charged to Pukatuka, we are entitled to charge the costs associated with the corresponding return to the customer, if applicable.
All rights recognized by the law in force will be safeguarded.
15.2 Contractual right to return products
In addition to the legally recognized right of free termination of the contract by consumers, mentioned in clause 15.1 above, we grant the customer a period of 30 days from the date of confirmation of dispatch of the products to return the same (except those mentioned in clause 15.3 following, for which the right to return the products is excluded). The customer will be responsible for the direct costs of returning the product if the return is not made in the physical store.
The Customer may exercise its right to return the products in accordance with the terms set out in clause 15.1 above for the exercise of the right of free termination of the contract. However, the customer must inform us of his intention to return the products and deliver the products to us within 30 days of confirmation of shipment. That is, in the case of return of the products by the customer, he will have to return the articles in order to guarantee that they are received by Pukatuka within 30 days from the date of confirmation of dispatch.
15.3 Conditions for exercising the contractual right to return products
The customer does not have the contractual right to return the products, provided for in clause 15.2 in relation to products that:
i.relate to products that have been developed according to specific criteria or otherwise customized;
ii. they relate to products without a label and are not able to be returned, for health or hygiene reasons and if the label has been removed by the customer;
iii. relate to products that, by their nature, form part of a set and cannot be separated;
The contractual right to return products must apply exclusively to products that can be returned in the same conditions in which the customer received them. No refund will be made if the product has been used beyond the simple opening of its packaging or if it has been damaged; therefore, the customer must be careful with the products while they are in his possession. Please return the item, using or including the original packaging. It must also include all instructions, labels and product packaging.
Upon return, the respective products must be returned as indicated.
If you purchased any products as a guest, you can request returns using the link for that purpose in the email sent regarding the order confirmation.
The customer will be responsible for the return costs.
The return will be made as soon as possible and, in any case, up to 14 days from the date on which the customer communicates his intention to return the products. Notwithstanding the foregoing, we may withhold the return until we receive the products back or until the customer demonstrates evidence that products sent the products.
We will issue the refund using the same payment method that the customer used for the original transaction if it was through Visa or Paypal. In the case of MbWay and Bank Transference, the method applied will be the latter, requiring the provision of the IBAN.
If you have any questions, please contact us through our contact form or through our available contact channels, such as email firstname.lastname@example.org, social networks or by calling +351 911 096 062, by message or WhatsApp.
Notwithstanding the limitations on the contractual right to return the products, provided for in clause 15.2, this clause shall not apply to the exercise of the right of free termination of the contract legally attributed to the consumer, namely with regard to the limitation of the inspection and handling of goods.
15.4 Defective products
In cases where the customer considers that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within the period of two months legally established through our contact form or contacts mentioned above, indicating the details of the product as well as the damage suffered, or contacting us through our available contact channels, and we will indicate what you should do.
As legally established, instead of canceling the contract (and consequent return of the good and refund), you can also choose to replace the product, or for the appropriate price reduction.
The refund of the price, the replacement of the product, or the appropriate reduction of the price paid for the article must occur as soon as possible and, in any case, within 30 days.
The amounts paid for products returned for any damages or defects will be refunded in full, including delivery costs incurred in sending the item and costs incurred in returning them. We will issue the refund using the same payment method that the customer used for the original transaction if it was through Visa or Paypal. In the case of MbWay and Bank Transference, the method applied will be the latter, requiring the provision of the IBAN.
All rights recognized by the current law will be safeguarded.
15.5 Size Exchange
If the item purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request a size change, as long as he returns the original item, being only subject to the cost of sending the new size.
This possibility is independent of the Right of withdrawal, which continues to exist, both from a legal and contractual point of view. You can request a size change through your Customer Area on this website or through our contacts.
Once you have requested a size exchange and selected the return method, you will have to deliver the original item to our physical store or send it back to us. The original item must be returned without any delay, and no later than 14 days from the 14 calendar day period from the request for a size exchange.
If you choose to deliver to our physical store, you must present the original article accompanied by the receipt that was made available to you in the respective delivery.
Please note that if, after 14 calendar days from the date of the size change request, you have not delivered the original item, we reserve the right to charge you the costs corresponding to the new order generated, in accordance with the provisions of these terms and conditions.
15.6 Variations that should not be considered defects
The products we sell, especially those made by hand, often have the characteristics of the natural materials used in their production.
These characteristics, such as variations in grain, texture, knots and colors, may not be considered defects or damage. On the contrary, you should count on their presence and appreciate them. We select only the highest quality products, but features are unavoidable and must be accepted as part of the product's individual appearance.
15.7 Right of withdrawal and return of orders from abroad
If you have ordered items from another EU Member State outside Portugal through this website, clauses 15.1,15.2,15.3 and 15.5 apply with the restriction that the transport determined by us can only be carried out to the address of original delivery within Portugal.
We further inform you that we are under no circumstances obliged to pay shipping costs.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to terminate the contract.
16. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, trademark and other intellectual property rights on the materials or contents that are provided as part of the website are, at any time, ours or those who granted us the license to its use. The customer may only use this material in the way that is expressly authorized by us or by those who granted us the license for its use.
This does not prevent you from using this website to, as necessary, copy the information relating to your order or the details of the Contract.
17. VIRUS, PIRACY AND OTHER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You must not gain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website. You undertake not to attack this website through a denial of service attack or a distributed denial of service attack.
The failure to comply with this clause may imply the practice of infractions typified by the applicable legislation. We will inform the competent authorities of any breach of said legislation and we will cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this website.
We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or downloading content from the same or the contents to which it redirects.
18. LINKS FROM OUR WEBSITE
If our website contains links to other pages and materials from third parties, these links are provided for information purposes only, without our having any control over the content of those pages or materials. Therefore, we will not accept any liability for damages or losses due to its use.
19. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notices we send you be in writing. By using this website, the customer accepts that most notifications with us are electronic. We will contact the customer by email or provide information through notices placed on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other notices sent electronically satisfy the legal requirement that such notices be made in writing. This condition will not affect the rights recognized by law.
In accordance with the provisions of Clause 18 above and unless otherwise stated, we will send you notifications by email or to the postal address provided when you placed your order.
Notices will be deemed to have been received, and correctly effected, the moment the customer enters our website, 24 hours after sending an email or three days after the postage date of any letter. In order to prove that the notification has been made, it will suffice to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was duly delivered to the post office or in a mailbox and, in the case of an email, that it has been sent to the email address specified by the recipient.
21. FORCE MAJEURE REASONS
We will not be liable for any failure to fulfill or delay any of our obligations under a Contract which is caused by events beyond our control (Force Majeure).
The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our control, including but not limited to the following:
i. General strike, or other forms of protest that significantly affect the country.
ii. Disturbances of public order, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
iv. Inability to use trains, boats, aircraft, motor transport or other means of transport, public or private.
v. Inability to use public or private telecommunications systems.
Our obligations arising from the Contracts will be considered to be suspended during the period in which the Grounds of Force Majeure occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the Grounds of Major Force. We will use all reasonable means to put an end to Force Majeure or to find a solution that allows us to fulfill our obligations under the Contract, despite Force Majeure.
22. WAIVER RIGHTS
The absence of any requirement on our part for strict compliance by the customer with any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due under this Contract or Conditions will not waive or limit any such rights or actions, nor will it release the customer from performing its obligations.
No resignation by us of a specific right or action will imply a resignation of our rights or actions under the Agreement or the Conditions.
No resignation, on our part, of any of these Conditions or of the rights or actions derived from the Contract will have effect, unless it is expressly established that it is a resignation, it is formalized and communicated to the customer, in writing, in accordance with the provisions of clause 18 above.
23. PARTIAL CANCELLATION, NOTICES, MODIFICATIONS
If any of these Conditions or any provision of a Contract is declared null and void, by firm resolution by a competent authority, the remaining terms and conditions remain rulling, unaffected by that declaration of nullity.
Pukatuka may change or update all or parts of these general terms and conditions at any time, even if not required by applicable laws and regulations.
All changes and updates will take effect upon their posting on this part of the website.
Therefore, you should regularly access this section of the website in order to see the updated version of our general terms and conditions of sale.
24. SINGLE AGREEMENT
These Conditions and all documents to which express references are made constitute the entire agreement existing between us and the customer, regarding the object of the Contract, and replace any other pact, agreement or promise previously established between us and the customer, verbally or by written.
We and the customer acknowledge that we have consented to the execution of the Agreement without having relied on any representation or promise made by the other party or that could interfere with any written statement in the negotiations entered into by both parties prior to this Agreement, except as expressly mentioned in the present Conditions.
25. APPLICABLE LAW AND JURISDICTION
The use of our website and the purchase contracts made through this website are governed by Portuguese law.
This provision does not affect the other rights granted to the consumer by the legislation in force.
26. ALTERNATIVE DISPUTE RESOLUTION
In this sense, if the transaction has been completed through our website, we inform you - in accordance with EU Regulation no. 524/2013 - that you have the option of trying to resolve any dispute out of court by accessing the electronic online dispute resolution platform at http://ec.europa.eu/consumers/odr/.
In the event of a dispute, the consumer may resort to a Dispute Resolution Entity through Mediation, Conciliation and Arbitration:
CNIACC Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Faculdade de Direito da Universidade Nova de Lisboa
Campus de Campolide - 1099-032 Lisboa
T: 21 384 7484
E-mail:email@example.com Website: http://www.arbitragemdeconsumo.org/
Regarding the right of free resolution, it is foreseen within 14 days in the Regime Applicable to Contracts Signed at a Distance (article 10 of DL 24/2014):
1 – The consumer has the right to end the contract without incurring any costs, in addition to those established in paragraph 3 of article 12 and in article 13 when applicable, and without the need to indicate the reason, within 14 days from the day the order was received.
1. How can I start a Return Process?
To start a Return process, you must access your customer account, and in the “My Account” area, go to the space reserved for Returns, where you can then start the process automatically.
2. But can any item be returned?How long I have to do the return?
It is important to note that you only have 14 calendar days to return the product, counting the first day as the day the order was received by you.
The pieces must be returned with all the original tags, without signs of use or washing, dirtiness or smell.
Furthermore, please also bear in mind that some items may not be returnable, such as: personalized products, pieces made especially to your order or alterations to an existing model.
3. How to Return?
Once you done the Return process on our website, we kindly ask you to proceed with the shipping of the pieces to be returned.
These must be sent with all the original tags, without signs of use or washing, dirtness or smell. When it comes to shoes, the box must be placed inside a second box/package.
We strongly recommend that you send the products packaged in a good condition and in secure packaging, as you will be responsible for any damage that occurs during the return shipment.
Returns where products are shipped without meeting the above requirements will not be accepted. If the product is used or damaged, we are entitled to deduct any depreciation from the refund amount of the order. We also remind you that products have a period of 14 calendar days to be returned after the day they were delivered.
4. To where do I address the Return?
The shipment must be sent to our facilities, during the period of a 14 calendar days after receiving the order, to the following address:
Rua General Ferreira Martins nº10 R/C DTO
When possible, please send us the shipping number provided by the carrier.
5. What about the Return Costs?
With the exception of agreements previously established with us, the customer always covers the costs of returning the products, and the return of the amount will be made through the same payment method used in the original purchase.
Note that shipping costs are non-returnable.
Please also bear in mind that for:
- Returns coming from the European Union: the return costs are entirely borne by the customer, as well as the choice of the carrier, and Pukatuka is not responsible for any lost shipments.
- Returns coming from Outside the European Union: the return costs are entirely borne by the customer, as well as the choice of the carrier, and Pukatuka is not responsible for any lost shipments. Arriving in Portugal, your order shipments will be treated by Customs as an importation. In addition to the fee charged by the carrier to handle customs clearance, other fees may be applied, for which Pukatuka is not responsible for paying. If the value of the fees is greater than the value of the return, it will be rejected by us. If it is lower, the value of all costs will be deducted from the order.
6. What if I'm returning a defective item?
If the product you received is not what you expected, or has a defect, please contact us before returning it.
You can do so by emailing to firstname.lastname@example.org or by the number +351 911 096 062 through WhatsApp.
7. What if I refuse to receive the order?
If the order is rejected by you, all shipping, resending and return costs are at your expense. The same happens if it has already been sent, all shipping costs, customs fees, brokerage fees, import fees and others that may result are at your expense.
8. But I'm not sure about the sizes?
In case of doubt about sizes, or any other question, we have a team available to help and advise you via email email@example.com or number +351 911 096 062 through WhatsApp.