1. Effect of Terms
(a) These terms apply to the ordering, purchase and delivery of products from our website located at www.passeatta.com (Website) and form a contract between you and Passeatta (Passeatta).
(b) Please read these terms carefully before you submit an order to us. By using the Website, you agree and accept these terms. If you do not accept these terms, you must refrain from using the Website. Passeatta reserves the right to change these terms at its discretion without notice. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms as amended.
(c) If you are agreeing to these terms on behalf of a business entity, you represent to Passeatta that you have legal authority to bind that entity.
(a) By placing an order on the Website, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by Passeatta at the time. We will send an order confirmation to your nominated email address. It is your responsibility to ensure that the correct email address and contact details are entered with your order.
(b) If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
(c) You acknowledge that all products purchased under these terms are intended for personal non-commercial use only and will not be re-sold.
3. Our products
(a) The images of the products on our Website are for illustrative purposes only. If you choose to upload a personalised design to the Website, you are solely responsible for the quality and content of that design.
(b) Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. You acknowledge that your product may vary slightly from the image displayed on our Website or image which has been submitted by you.
(a) The costs of delivery will be as displayed to you on our Website.
(b) We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or as otherwise notify to you in writing.
(c) If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
(d) The product will be your responsibility from the time we deliver the product to the address you gave us.
(e) If no-one is at the delivery address or there is limited access to the delivery address, and a signature is not required for the delivery, the delivery agent may leave a collection card with instructions on where to collect the products.
(f) You own a product once we have received payment in full.
5. Price and payment
(a) When you place an order, we will charge you and you agree to pay the price for the product and any applicable delivery fee.
(b) The price of the product (which includes VAT) will be processed in Euros, as shown on the order pages when you placed your order on the Website.
(c) If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
(d) We reserve the right to change or alter prices displayed on the Website without notice to you. If you have already submitted an order at a particular Price, we will supply the products at that price.
(e) You must pay for the products ordered before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(f) If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 10% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6. Intellectual Property Rights
(a) You acknowledge and agree that, subject to paragraph 6(e), all intellectual property rights in and associated with the Website and anything that we create, modify, provide, supply or license to you in supplying the products are exclusively owned by us and licensed to you on these terms.
(b) Our intellectual property rights are protected by applicable international laws.
(c) Subject to the conditions prescribed under any applicable copyright legislation which applies in your location, you must not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, publish or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without prior written consent from us or, in the case of any third party material, from the owner of the intellectual property rights in that material.
(d) You must not do anything which jeopardises or interferes with our ownership of our intellectual property rights.
(e) We and you acknowledge that all intellectual property rights in content owned or licenced by the customer, including any design, material or artwork you submit for use in a product (Customer Design), remains the property of the customer, or where applicable, the third party licensor from whom Passeatta derives the right to use them.
(f) You hereby grant Passeatta a worldwide, royalty free, irrevocable licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, any content uploaded by you onto this Website, including the Customer Design, for the express purpose of supplying the products to you in accordance with these terms.
(a) Passeatta may, at our discretion, terminate the agreement for the supply of products to you:
(i) for convenience, at any time, on giving notice to you; or
(ii) immediately if we reasonably believe that you have breached these terms and that the breach is not capable of remedy; or if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
(b) Passeatta shall fulfil any orders submitted prior to the date of termination.
(a) Subject to paragraph 8(f), You may exchange the product, either for an exchange or refund within 30 days of shipment of your order.
(b) If we are required to give a refund, we will refund you the price you paid for the products, by the method you used for payment.
(c) We will pay the costs of return:
(i) if the products are faulty, defective or the incorrect size; or
(ii) if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(d) In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
(e) We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind (and subject to paragraph 8(f)) then:
(i) your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us; and
(ii) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
(f) Unless the product is defective, we have no obligation to accept any return or exchange of a product that contains a Customer Design.
Upon submitting an order on the Website, you represent and warrant to Passeatta that:
(a) you will comply with all applicable laws, regulations and policies;
(b) you will comply with any recommendations or guidelines issued by Passeatta with respect to the use of the products, , including but not limited to, any wash and care instructions set out on the Website; and
(c) the use of any content or personalised design submitted by you to the Website, including the Customer Design, will not infringe, violate or otherwise conflict with any intellectual property rights, trade secrets, copyright or other legal right of a third party.
(a) Passeatta its agents, officers and employees shall have no responsibility for:
(i) spelling, punctuation or grammatical errors made by the customer in uploading a personalised design to the Website;
(ii) checking or modifying any personalised design uploaded directly to the Website.
(b) Passeatta, its agents, officers and employees:
(i) make no representations, express or implied, as to the accuracy of the information and data contained on the Website and all information is made available on an “as is” basis;
(ii) make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on the Website or any linked site into another language;
(iii) make no representations as to the availability of the Website;
(iv) make no representations, either express or implied, as to the suitability of the said information and data for any particular purpose; and
(v) accepts no liability for any interference with or damage to a user's computer, software or data occurring in connection with or relating to the Website or its use or any site linked to the Website.
(c) Any information which you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of the Website, you must inform us immediately.
(d) If you use automatic language translation services in connection with the Website you do so at your own risk.
(e) All liability is excluded to the maximum extent permitted by law.
11. Liability and indemnity
(a) To the maximum extent permitted by law, Passeatta shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with the use of the products purchased on the Website.
(b) You indemnify Passeatta, its employees and agents from and against any liability, loss, claim, and expense incurred by Passeatta as a result of:
(i) any breach by you of your obligations under these terms;
(ii) any use of the Website.;
(iii) any infringement or alleged infringement of intellectual property rights in any Customer Design.
13. Linked websites
All URL on the Website are linked "as is" and are only used as references. Passeatta does not:
(a) sponsor, endorse nor necessarily approve of any material on sites linked from or to the Website;
(b) make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on sites linked from or to the Website;
(c) make any warranties or representations that material on other websites to which the Website is linked does not infringe the intellectual property right of any person anywhere in the world; and
(d) authorise the infringement of any intellectual property rights contained in material in other sites by linking the Website to those other sites.
(a) We may change these terms at any time without notification, and you agree that these changes will come into effect the next time you use this Website. Your continued use of the Website will constitute acceptance of the updated terms.
(b) Portuguese Law governs these terms. Each party irrevocably submits to the non-exclusive jurisdiction of the Portuguese courts and courts competent to hear appeals from those courts.
(c) If any provision of these terms is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable, it shall be deemed severable to the extent that the remaining provisions of these terms shall continue in full force and effect.
(d) You must do everything reasonably required by us to give full effect to these terms.
(e) If any provision of these terms is illegal or unenforceable it may be severed and the remaining provisions continue in force.
(f) Our failure or delay in exercising a right, power or remedy does not operate as a waiver.