General Conditions of Sale
1. BUSINESS POLICY
1.1 The “Seller” Vânia Messiah (holder of Sweet Banana © Brand) offers products for sale on www.sweet-banana.eu and its e-commerce business services are available exclusively to its end clients, the “Customers”.
1.2 “Customer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Customer, please do not buy any products on www.sweet-banana.eu and contact our customer service at firstname.lastname@example.org.
1.3 Vânia Messiah (holder of Sweet Banana © Brand) reserves the right not to process orders received from users who are not “Customer” and any other order which does not comply with the Seller’s business policy.
1.4 These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on www.sweet-banana.eu between the users of www.sweet-banana.eu and the Seller.
1.5 The “Customer” should undertake to provide correct and accurate e-mail, or other contact details to the “Seller” and acknowledge that the “Seller” may use these details to contact you in the event that this should prove necessary. 2. HOW TO ORDER
2.1 You need an e-mail address to place an order, and you need to set your browser to accept both cookies and pop-ups in order to make full use of the Websites, which includes designing items, adding items to your Basket and checking out from our online shop www.sweet-banana.eu. Placing an order on our online store is very easy.
1. Find the products you want
2. Add the products to your basket
3. Proceed to checkout.
4. Select delivery and billing options.
5. Review your order. 6. Submit your order
7. Receive an online order confirmation.
2.2 Our right to not accept your order or cancel your purchase. We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs: * the product is not available / in stock (any payments will be refunded); * your billing information is not correct or not verifiable; * your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; * your bank transfer payment is not received within 5 days after acceptance of your order; * we have reason to believe you are under 16; * we have reason to believe that you are a reseller; * we could not deliver to the address provided by you.
2.3 Data check When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud will be investigated and if necessary prosecuted. By submitting your order, you agree to this.
3. GUARANTEES AND PRODUCT PRICE INDICATION
3.1 Payment methods
You can find the available payment methods in the Help/FAQ’s section of the relevant Website. We do not accept any other method of payment than mentioned, as our system is not designed to process other payment methods. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
3.2 Payment processing
If you pay by Credit Card, we will deduct the amount due from your account as soon as your order leaves our warehouse. In case of payment by Credit Card, all details (for example, Card Number or Expiration Date) will be sent by encrypted protocol to the company that provide remote electronic payment services, without third parties having any access there to whatsoever. Such details will not be used by Vânia Messiah (holder of Sweet Banana © Brand) except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the relevant shipping costs, as indicated in the order form, will be charged to your current account when the purchased products are actually shipped.
4. ORDER SECURITY
4.1 Store www.sweet-banana.eu uses a secure technology, one of the most robust encryption platforms available. Your payment information will be encrypted from the moment you enter it until your transaction is processed, and will not be saved on a public server. Although we use encrypted security software, the security of information and payments transmitted by the Internet or via e-mail can’t be guaranteed. Vânia Messiah (holder of Sweet Banana © Brand) shall not be liable for any damages suffered as a result of the use of electronic means of communication, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. If you pay by Bank Transfer, we will start delivery after we receive your payment. This may take several days. In the event that no payment has been received within 6 calendar days after you submitted your order, your purchase will be cancelled. Payments can only be processed if the billing information can be verified.
5. RETENTION OF TITLE
We retain title in the products until we have received full payment for all such products.
6.1 The product prices displayed on the Websites are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the Help/FAQ’s section of the Website.
6.2 Prices are all quoted in Euro. Please note that changing the country of delivery may have an influence on the price due to transport costs.
6.3 Your total price The total price specified in the final check out screen includes tax and shipping costs. The prices are quoted in the order confirmation of receipt of your order as well, which you can print or download for future reference. Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation. Custom fees can be applied by your Country depending of your shipping address.
6.4 Price changes The product prices displayed on the Websites may be subject to change. We reserve the right to change prices without notice. The prices as displayed at the moment of purchase are the prices applicable to that purchase.
6.5 Pricing errors Please note that even though the Websites are composed with care, it is possible that the pricing information on our Websites contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
7. QUALITY AND GUARANTEE
Vânia Messiah (holder of Sweet Banana © Brand) does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. The main characteristics of products are shown on www.sweet-banana.eu on each product page. The products offered for sale on www.sweet-banana.eu may not exactly correspond to the real garments in terms of image and colors due to the Internet browser or monitor used. All products come with an identification tag. Do not remove the tag from the purchased products should you wish to return the purchased product. Should you decide to exercise your right to return purchased products, the Vânia Messiah (holder of Sweet Banana © Brand) has the right to not accept returned products that are returned without the corresponding tag or that have been altered from their original status or damaged.
8. SHIPPING & DELIVERY
8.1 Delivery – where and when We deliver products from Monday through Friday. We do not ship on certain public Holidays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the Shipping section of the relevant Website.
8.2 Delivery timelines
TRACKED DELIVERY: In the European Union, the announced deadline is 3 to 10 working days. In the rest of the world, the deadline is 5 to 14 working days. The “Vendor” will not be liable or responsible for any failure to perform, or delay in perform of, any of obligations that is caused by events outside our reasonable control (Force Majeure Event – includes any act, event, non-happening, omission or accident beyond our reasonable control). * We try to deliver on time to the extent this is commercially reasonable. We usually make it, but we cannot guarantee timely delivery.
8.3 Split delivery Where possible, we try to deliver in one go. However, we reserve the right to split the delivery of your order, for instance (but not limited to) if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at purchase.
8.4 Inspection upon delivery Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. We will refund the purchase price and all delivery costs as soon as the warehouse has handled your return. Please also note that you should inspect the products within a reasonable time after their receipt. Any complaint of no reception of the order, must be made within a maximum of 30 days after the date that the order was placed. After this time, Vânia Messiah (holder of Sweet Banana © Brand) cannot be held responsible for the loss of the order.
9. SHIPPING RATES
9.1 Shipping rates Shipping rates are applied per order. The exact shipping rates depend on the country of delivery. For details on shipping rates per country see the Shipping section of the relevant Website.
9.2 Free shipping If you make a purchase that exceeds the threshold relevant to your delivery country or to an available campaign, you will receive FREE ‘delivery.
10. RETURNS & CANCELLATIONS
10.1 Cancelling order before delivery You may cancel any order, provided it has not yet been shipped. If you have submitted an order and wish to cancel, please check the status of your order first by visiting the My Account link at the top right of the relevant Website. If the status of your order is Register we might still be able to cancel your order so contact our call center (see help section of relevant website) to request an order cancellation. Our Customer Care service will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation was not possible, the products will be delivered to you, which you will need to refuse upon receipt. The products will be returned to us and your money will be refunded.
10.2 Defective product returns
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 2 months after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return and on refund information see the Hepl/FAQ’s section of the Website.
10.3 Returning products for whatever reason
If you are for whatever reason not happy with the products you ordered, you may return the products delivered to you within 30 calendar days after delivery, as long as: • the products are unwashed and not used in any way (you are allowed to try garments or shoes on for fit, unless we have indicated otherwise – but you cannot wear them) • the product is in its original, undamaged packaging (a carefully opened package will not be considered damaged) • the product is complete: e.g. both items of a pair must be returned You cannot return: • products that have been tampered
10.4 Returning gifts At the moment, we cannot offer a product return to the person who has received it as a gift. In order to return the product, please contact the person who purchased the product for you and ask them to follow the procedure for returning orders as stated in Returns Policy.
10.5 Product exchange or sizes
To exchange an article for another or exchange the size please see how in Returns.
10.6 Refund information
In the event you return goods because they are defective or otherwise not in conformity with your order, we will pay for the ship-to and return-shipping costs. In the event you return goods for reasons other than defectiveness or non-conformity with your order, Vânia Messiah (holder of Sweet Banana Brand) does not refund the shipment cost. In practice, when returning, you will use our logistics provider. As the costs incurred by us for these return shipments are equal to the costs of sending the goods to you, we will not refund the costs you originally paid for delivery. Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give your bank details to Customer Service when you initiate the return so that we can refund the money directly to your account. You will receive your refund after the product has been returned and processed. For practical information on how to return and for refund timelines, see the help section of the Website. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay.
11. CUSTOMER CARE
11.1 For any information requests the Vendor can be contacted via e-mail at email@example.com. For further information, go to the Customer Care section.
12. CONDITIONS APPLICABLE TO PROMOTION CODES (DISCOUNTS)
12.1 When used according to its terms, a promotion code entitles the user to a one-time promotion/discount relating to the purchase of an individual products or to an order of more than one product during the period indicated with the relevant promotion code.
12.2 Promotion codes can be used only in direct connection with online purchasing on the Websites. You cannot sell, barter or give away a promotion code. You cannot upload or make available a promotion code on any website or through any other public offer, give away, sale or barter. You cannot use promotion codes for commercial purposes.
12.3 The promotion code is connected with the Vânia Messiah (holder of Sweet Banana © Brand) brand. You cannot use the promotion code in connection with any other brand, company or name or use the promotion code in any unlawful, improper or disrespectful manner or in any other way that may harm Vânia Messiah (holder of Sweet Banana © Brand) reputation.
12.4 Only one promotion code can be used per product and per order. Promotion codes cannot be combined with any other special offer or promotion.
12.5 Promotion codes are not exchangeable for money.
12.6 Vânia Messiah (holder of Sweet Banana © Brand) does not have any obligation to re-issue or refund promotion codes. However, should Vânia Messiah (holder of Sweet Banana © Brand) decide to re-issue or refund a promotion code, it needs your promotion code to do so. So please retain a copy of your promotion code, otherwise it will not be reissued or replaced in the event of loss.
12.7 In cases where Vânia Messiah (holder of Sweet Banana © Brand) reissued / refunded a promotion code, it may only be applied in a purchase of equal or superior value to that which generated the code.
12.8 Without prejudice to any other rights Vânia Messiah (holder of Sweet Banana Brand) may have, Vânia Messiah (holder of Sweet Banana © Brand) is entitled to immediately invalidate a promotion code in the event Vânia Messiah (holder of Sweet Banana © Brand) has reason to suspect that a promotion code is used in violation of the above or otherwise misused or in the event Vânia Messiah (holder of Sweet Banana © Brand) has other reasons to do so.
Fulfillment of all orders on the Websites is subject to availability. We try to ensure that all items offered for sale are in stock. However we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such event we will inform you by e-mail and any payments will be refunded.
14. OFFER VALIDITY
The offers on the Websites are valid only the moment that they are displayed on the website, unless a specific term is communicated on the website. We are not bound by any offer in the event of spelling, pricing or other errors or mistakes in the Website information. We reserve the right to cancel any purchase concluded in the event of such error.
15.1 Vânia Messiah (holder of Sweet Banana © Brand) shall only be liable for damages suffered by you in the event such damages result from attributable breach by Vânia Messiah (holder of Sweet Banana © Brand) of its contractual obligations towards you, or in the event Vânia Messiah (holder of Sweet Banana © Brand) liability follows from applicable statutory law.
15.2 In the event you have suffered damages in relation to our activities on the websites, our liability will be limited to a. damage to the Vânia Messiah (holder of Sweet Banana © Brand) products or to other materials; b. reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under; The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
15.3 We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
15.4 We are not liable for damages as a result of incorrect information on the Websites.
15.5 In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.
16. APPLICABLE LAW These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Websites shall be governed by Portuguese Law.
17. Vânia Messiah (holder of Sweet Banana © Brand) RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that your order products from us, unless any change to those policies.
18. INFO ON THE WEBSITE(S)
Even though Vânia Messiah (holder of Sweet Banana © Brand) has composed the Websites with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. Vânia Messiah (holder of Sweet Banana © Brand) shall not be not liable for any damages resulting from the use of (or inability to use) the Websites, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result of any willful misconduct or from negligence on the part of Vânia Messiah (holder of Sweet Banana © Brand).
19. TRADEMARKS AND COPYRIGHT ON THE WEBSITES All brand names, product names and titles used on the website are trademarks or trade names of Vânia Messiah (holder of Sweet Banana © Brand) or third party trade mark or trade name holders. You are not allowed to use of reproduce any such trademarks or trade names as this may constitute an infringement of the holders’ rights. All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are the copyright of Vânia Messiah (holder of Sweet Banana © Brand) or its suppliers. You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication. Should you wish to use materials or information from this Website, you need to obtain a prior written consent from us.
20. Online Dispute Resolution
The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.