Terms and Conditions | UTIL

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Terms & Conditions

1. General

The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as “you”) with This is Util, Lda (hereinafter referred to as “UTIL”, “us” or “we”) at or through UTIL’s website (currently https://thisisutil.com), mobile or tablet application, forum, platform or similar (together the “Platform”) as well as any quotations, services and supplies available on the Platform.

 

By using the Platform and/or placing an order, you agree to be bound by all terms and conditions set out herein (as amended from time to time) (the “Terms”). The Terms are entered into between you and UTIL and constitute a legally binding agreement between you and UTIL in relation to your use of the Platform. Please make sure you have read and understood the Terms before placing your order. By accepting these Terms, you confirm that you have read and understood the Terms.

Unless otherwise agreed in writing, these Terms shall apply inter partes between you and UTIL and shall prevail against any other documents etc. forming part of the inter partes relationship. In case of any discrepancy between the Terms and any other documents etc. forming part of the inter partes relationship, the Terms shall prevail.

These Terms may have been translated into other languages than English purely for convenience. In case of any inconsistency or ambiguity between the English version and a version in another language, the English version shall prevail.

The inclusion of any products or services on the Platform at any particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time and/or to sell products to third parties during intervening time until email confirmation has been sent. Customers cannot make any claim in this regard. Any new products, services and features available on the Platform will be subject to the Terms.

We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those available or referred to on the Platform at the time you place your order.


2. Prices and delivery charges

UTIL offers free shipping for all the orders above 100€ within the EU.


Bellow 100€ shipping charges might apply that will be calculated during checkout and vary according to the size and weight of your order.

All prices are in Euro (€) and include VAT.

All the products sold to countries outside the EU (Switzerland, UK, Norway) VAT will be excluded on check-out and delivery is DDU (delivery duty unpaid). Customs duties and other taxes might apply. UTIL is not responsible for these costs and in cause of doubt you must contact your local authorities.

Reservation is made for any printing errors in text and/or prices.

UTIL reserves the right to change prices due to material changes in freight and similar charges.

3. Ordering


You can order via the Platform. Please see under ‘Delivery’ section for further information.

Once you have placed your order, you will receive an email confirmation. If for any reason we are unable to fulfil your order, we will let you know at the earliest convenience.

After the email confirmation, you will receive an email with shipping confirmation where we also will charge the payment on your credit card. If, for any reason, alternative arrangements are necessary we will notify you and ask you to us in order to settle the refund.

4. Delivery etc.


UTIL exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order in accordance with your selected delivery option.

UTIL endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to deliver within 7 working days following confirmation of an order unless otherwise stated. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days, you may cancel your order.

Once you have placed your order you will receive an email confirmation with your expected delivery details.

If your order does not arrive by the scheduled date, please contact us for further information.

UTIL reserves the right without further notice to make changes to agreed product specifications if this can be done without material disadvantages to the customer.

5. Withdrawal of order


You may cancel and return your order from the date you place the order until 15 days after receipt of the ordered items. Returns need to follow the return process described in the return section. Read more about returns in section 6.

If you wish to cancel your order, please provide us with a cancellation notice in writing via email or WhatsApp, before you receive the shipping confirmation. Upon receiving the cancellation notice in due time, we will provide a refund through the same payment method used to make the purchase as soon as possible. Read more about it in the return section.

6. Returns


Subject to the Terms, UTIL guarantees a full refund for any returned items in accordance with section 5 (Withdrawal of order), provided that all items are returned in the same condition as they were when you received them.

You have 15 days to return an item unless it’s damaged or noticeably used.

We offer free returns from the following countries for orders above 100€:

  • Portugal
  • Bulgaria
  • Croatia
  • Estonia
  • Hungary
  • Latvia
  • Lithuania
  • Poland
  • Romania
  • Slovakia
  • Germany
  • Italy
  • France
  • Luxembourg
  • Netherlands
  • Belgium
  • Austria
  • Denmark
  • Finland
  • Greece
  • Ireland
  • Sweden

We will expand this list as we establish agreements with local courier services. If you live outside these countries, or your order is below 100€, you are responsible for the associated return shipping charges.

All returned items must be unaltered, packaged properly and, to the extent that it can be done, in original packaging, including all parts the item came with.

Refunds may only be issued to the credit card used to make the original purchase or in the form of store credit.

If you request a return, we will cover shipping cost of the return as long as you follow the return process as described under section 6 (return).

Once we receive it, we will inspect your returned item. If it is in good condition, we will issue any appropriate credits and/or refunds. We only accept returns if the product is unaltered, packaged properly and in original packaging.

7. Defects and right to complain


In the event of an error in any products or services displayed through the Platform (including typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability), UTIL reserves the right to cancel any order prior to the time it is delivered to you.
Upon delivery, the customer must immediately conduct such examination of the product that is required by proper use.

If the item you have received is defective, and the customer wants to claim such defect, the customer must immediately after the defect is or should be discovered give written notice thereof and indicate the defect to UTIL. If the customer is aware or should be aware a defect, but not provided notice hereof, the customer cannot claim the defect and can no longer claim for defects in the delivery.

Any defect products must be returned in accordance with section 6 (returns). UTIL will cover costs of delivery and return also for orders bellow 100€.

UTIL must always be allowed a reasonable time limit for correct performance. If correction and/or replacement do not take place within reasonable time, the customer is entitled to terminate the agreement, demand a reduction in the purchase price or claim damages in accordance with the general rules of Portuguese law and the present Terms. Proportionate reduction in prices is only granted in case of material defects which UTIL has chosen not to correct and/or replace. Upon proper correction and/or replacement, the customer cannot make claim for other remedies because of default.

If the customer has not notified UTIL of its claim for defect within three months from delivery, the customer can no longer claim for defects in the delivery. For parts that have been replaced or repaired, UTIL accepts the same obligations as the original sold product during a period of three months, provided that UTIL’s liability cannot be extended beyond six months from the original delivery date for any part of the product.

UTIL offers 5 years of warranty on all designs. Within the first 2 years we follow Portuguese law of sales, where all customers have rights to complaint 2 years after purchasing. Additionaly UTIL offer 3 years of warranty, which gives a total of 5 years of warranty.


Change of, use outside normal and customary use, or intervention in the sold product without UTIL’s written consent exempts UTIL for any obligations.

8. Payment and payment methods


When you make a purchase through the Platform, you authorize us or our third party payment processor Stripe to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase.

You are sole responsible for the timely payment of all fees and for providing a valid method of payment.

Payment must be made by the customer no later than the date specified as the last legitimate payment day on the invoice and otherwise in accordance with the payment terms appearing from the invoice. Subject to applicable law, UTIL reserves the right to title to the products until payment has been made in full. The customer is not entitled to use the product until payment has been made in full. UTIL is further entitled to suspend any other work for the customer if the customer fails to pay on time.

The customer is not allowed to deduct any other claim against UTIL from the payment price.

You can pay for your goods in various ways as set out below.

Stripe (VISA, VISA Debit, MasterCard, Discover, JBC, American Express) and Paypal. If you have any questions regarding payment, please contact shop@thisisutil.com

 
Other
You are obliged to submit a correct email address, a correct shipping address and telephone number when you place your order. You are also obliged to inform UTIL should any of this information change. Please note that UTIL reserves the right to send payment requests to your email address. You will receive the legally required invoice in the shipping confirmation email.

9. Our liability


Nothing in these Terms shall exclude or limit UTIL’s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

We do not seek to exclude liability for fraudulent misrepresentation by us or our employees. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.

UTIL is solely responsible for any loss that the customer may suffer as a direct result of UTIL’s documented non-compliance with the provisions of these Terms or neglect in the delivery of products or services. UTIL is not responsible for any indirect, consequential or operating losses, for example loss of profits or loss of opportunity.

UTIL is not responsible for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to a force majeure event that is beyond our reasonable control – for example due to labour dispute, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity, IT crashes, missing or delayed deliveries from subcontractors due to any of the circumstances mentioned in this paragraph – and they prevent our performance or our make performance unreasonably burdensome.

To the widest extent possible under applicable law, our maximum liability to you for any loss or damage arising in connection with your order on the Platform shall be limited to the total price of your order.

10. The Platform


We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.

We aim to update the Platform and maintain the services regularly and may change the content at any time. If the need arises, we may suspend access to the Platform or the services or close it indefinitely. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

11. Guarantee


If there are defects in the goods you have purchased, UTIL abides by all applicable statutory guarantee regulations.

If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us – please contact shop@thisisutil.com.

12. Assignment


UTIL reserves the right to assign its rights and (where permissible by law) its obligations under these Terms, in whole or in part, to third parties, including any claims for payment which have arisen in connection with the products. UTIL is also entitled to use sub-suppliers, external consultants etc. in connection with the delivery of products or performance of services but is liable for such in the same manner as UTIL is liable for its own services.

Users may not assign their obligations under these Terms, in whole or in part, to any third party without the prior written consent of UTIL.

13. Severance


If any part of these Terms is deemed invalid or void by competent court or regulator, or for any other reason become unenforceable or is in conflict with applicable law, such part will be deemed severable and will not affect the validity and enforceability of the remaining part of the Terms which shall continue to apply.


14. Ownership of rights


All intellectual property rights, including trademarks and copyrights, to UTIL, the Platform and the services and products available thereon, remain exclusively with UTIL and its subsidiaries or licensors with all rights reserved.

Any use of the Platform or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of UTIL.

15. Applicable law and jurisdiction


These Terms are subject to Portuguese law. Users and UTIL hereby agrees to submit to the exclusive jurisdiction of the courts in Lisboa, Portugal, for resolution of any dispute, action or proceeding arising in connection with these Terms.

16. Company information


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.

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