Terms & Conditions
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: firstname.lastname@example.org.
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 favorable 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.
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 times for the Products are stated in the Web Shop, or otherwise separately agreed on with the customer.
The customer has, as an exclusive remedy, the right to cancel an order in case of delay in excess of four weeks.
UTIL has the right to cancel orders made due to the Product, or parts of the Product, is no longer possible to source from UTIL’s sub-suppliers and cannot be sourced by 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.
All Products are shipped with a well-reputed carrier of UTIL’s choice to the address stated by the customer (or to a pick-up point connected to the stated address and which is used by the carrier). UTIL has no obligation to assure that the stated address is valid. The shipping cost, including any taxes and fees, shall be borne by the customer. 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 Ex Works for every country outside the EU, and excluding installation 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 email@example.com and claim the “Damaged on Arrival” to be entitled a replacement product.
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 two (2) years from date of delivery.
Defects in Products supplied must be notified not later than eight (8) days from receipt of the Products. Concealed defects are to be notified immediately after discovery. UTIL will have no obligation to remedy a defect in the event of failure to accordingly notify a defect.
In the event of a defect, UTIL will, in its own sole discretion, either remedy the defect or exchange the Product as soon as practically possible after received notification about the defect. In the event it is not possible to remedy the defect or exchange the Product, UTIL will reimburse the purchase price of the Product reasonably adjusted for any wear and tear. These remedies are exclusive.
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 chapter 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.
In case the consumer decides to cancel an order and return the Product, the consumer shall arrange for the return shipping of already shipped Product(s) to applicable physical address:
This is Util lda
Rua do Giestal, 37B
The customer is obligated to pay for the shipping costs.
UTIL will return all payments made for cancelled orders and returned Product(s), minus 15% of the value (to cover handling and administrative costs), as soon as possible following the consumer’s exercise of the right to cancel an order and return the Product, and in no case later than what is prescribed under the Act.
For further details regarding the consumer’s right to cancel orders and return Products, please see the Act in its entirety.
7. Intellectual Property Rights
A purchase of Products does not constitute a transfer of ownership or license to use in any intellectual property rights related or pertaining to the Products, including copyright and patent rights, to the customer.
All complaints regarding a Product shall be sent to UTIL by using any of the addresses stated in the introductory part.
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.
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 on 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.