Termos do serviço
1. General Information and applicability
THIS IS UTIL, LDA; reg. no. 515 765 333 is a Portuguese limited company with office address Rua do Giestal, nº 37B 1300-275 Lisboa, Portugal . Util’s e-mail address is: shop@thisisutil.com.
UTIL markets and sells furniture and other interior items (the Products) on UTIL design’s Web Sites www.thisisutil.com ; and from the office of UTIL.
These terms and conditions apply for the marketing and sale of the Products.
These terms and conditions are subject to more favourable terms and conditions that may follow from mandatory law.
These terms and conditions shall take precedence over your (or your entity’s) additional or different terms and conditions, to which notice of objection is hereby given, unless we specifically agree to them in writing.
2. Ordering
An order is not binding on UTIL before full payment for the Products ordered has been duly received, unless otherwise is explicitly agreed on with the customer.
3. Delivery & Delivery Time
The delivery time for the Products are stated in the Web Shop, or otherwise separately agreed on with the customer. The shipping time information displayed on product pages and in the order confirmation email is an estimate and might be subject to change. Our average dispatch time may differ from 5 working days and 7 weeks depending on the product's availability.
With DHL parcel the estimated transit time is 4-5 working days. With DHL express the estimated transit time is 2-3 working days.
UTIL has no obligation to assure that the stated address provided by the customer is valid. Any and all costs levied upon UTIL due to incorrect address or failure to accept delivery will be charged to the customer. Products returned to UTIL due to failure to accept delivery will not be re-shipped and UTIL will have no obligation to refund the purchase price, and other charged costs, to the customer. This shall however not apply in the event the customer requests re-delivery within 14 days from the date of failure to accept delivery and pays the costs for the re-shipping.
Delivery is DAP (delivery at place) and excludes installation and assembly for every delivery.
Transfer of ownership of purchased Products occurs (i) when the Product is delivered, and (ii) full payment of the purchase price has been received. The customer will not be entitled to dispose of the Product before transfer of ownership has occurred. UTIL has the right to re-take delivered Products not paid for.
In the event of obvious damages to product packaging at delivery, the customer needs to open the package together with the courier to make sure that the product is intact. In case of damages are identified, the product delivery should be rejected and the customer must immediately contact UTIL at shop@thisisutil.com and claim the “Damaged on Arrival” to be entitled a replacement product.
4. Prices
The prices of the Products are stated in the Web Shop, or otherwise separately agreed on with the customer.
The prices stated in the Web Shop are subject to change and may be changed without advance notice.
Any applicable shipping costs will be added to the stated prices of the Products and will be stated separately in the ordering form in the Web Shop before completing the order, or otherwise separately agreed on with the customer.
Applicable VAT (if any) may be added or subtracted in the ordering form in the Web Shop before completing the order. The customer is responsible for paying any and all applicable VAT in addition to VAT charged by UTIL. The customer is further responsible for paying any and all other applicable taxes, fees and customs for the Products and the delivery thereof.
5. The Products
UTIL does not guarantee that the true colors, shapes and other features of the Products are accurately reflected in the Web Shop or in presentation/advertising material, due to the customer’s computer or monitor settings, or due to deficiencies in the depiction or the description of the Products.
Defects due to normal wear and tear, the use of the Products for other purposes than the intended, or otherwise due to appropriate handling or use may never be regarded as defects for which UTIL are responsible.
UTIL warrants that the Products are free from defects for five (5) years from the date of delivery.
Once you have received your delivery, please inspect the product(s) and inform us within five (5) days of delivery if anything is missing or has been damaged in transit. After which, UTIL has no obligation to act in the event of failure to accordingly notify a defect.
6. Concluding Conditions
The Distance and Doorstep Sales Act (2005:59) (the Act) is applicable for all purchases of Products made through the Web Shop and over email and telephone by customers that are consumers (as defined in the Act). A consumer has the right to cancel an order and return purchased Products in accordance with what is set out in chapters 2 and 5 of the Act (ångerrätt).
The consumer has thus the right to cancel an order and return a purchased Product by giving or sending a notice to UTIL (to any of the addresses stated in the introductory part) within 14 days from the receipt of the Product. The consumer has always a right to give or send the notice within 7 business days from the receipt of the Product. The consumer may only use the right to cancel an order and return the Product if the Product is in materially unaltered shape, or if it has not been uniquely designed for the consumer.
The customer is obligated to pay for the shipping costs when returning products.
7. Intellectual Property Rights
A purchase of Products does not constitute a transfer of ownership or license to use any intellectual property rights related to or pertaining to the Products, including copyright and patent rights, to the customer.
8. Complaints
All complaints regarding a Product shall be sent to UTIL by using any of the addresses stated in the introductory part.
The customer has, as an exclusive remedy, the right to cancel an order in case of delay in excess of 4 weeks.
UTIL reserves the right to cancel orders if the Product, or parts of the Product, can no longer be sourced from UTIL’s sub-suppliers and cannot be obtained through reasonable efforts and/or at reasonable prices from other sub-suppliers.
UTIL will in case of a cancellation return all payments for the Product to the customer as soon as practically possible, and in no case later than 30 days from the date of the cancellation.
9. Limitation of liability
UTIL shall not be liable for any loss, damages, claims or costs whatsoever, including any consequential or indirect damages or costs, due to the use of the Products.
10. Copyright and rights of use
The content provided by the design company UTIL is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
11. Force Majeure
Force majeure events such as breakdowns, strikes or other disruptive influences beyond UTIL’s control, or that of UTIL’s suppliers, release UTIL from its delivery commitments and any other obligations in relation to the customer for the duration of the disruptive influence and of the consequences thereof.
12. Miscellaneous
All costs for contacts with UTIL for the purpose of ordering Products or otherwise, whether through UTIL’s Web Shop, by telephone, by e-mail, by regular mail or otherwise, shall be borne by the customer.
The customer visits and uses the Web Shop at its own risk. UTIL shall have no liability whatsoever for any damage caused to the customer’s computer hardware, software or other equipment due to viruses, worms or similar contracted from the Web Site.
13. Governing law
Portuguese law shall, without regard to its conflict of laws principles, exclusively apply to these terms and conditions and to all purchases of Products. Any dispute arising out of or in connection with these terms and conditions shall be settled in a Portuguese court of general jurisdiction.