BAINDOUX TERMS AND CONDITIONS OF PURCHASE AND USE

1. INTRODUCTION

This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of this website (www.baindoux.com) and the purchase of products on it (hereinafter referred to as the “Conditions”), irrespective of whatever application, digital medium, support or device is used to access said website.

WE URGE YOU TO READ THE CONDITIONS AND OUR PRIVACY POLICY (HEREINAFTER, THE “PRIVACY POLICY”) CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS WEBSITE AND/OR PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT THESE CONDITIONS AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE CONDITIONS AND OUR PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION AND WHERE APPLICABLE, ACCEPTING THE TERMS RELATING TO BINDING ARBITRATION, WAIVER OF THE RIGHT TO CLASS ACTION, DISPUTE RESOLUTION, DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DON’T AGREE WITH THE CONDITIONS AND WITH THE PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE WEBSITE, OR ANY OF THE SERVICES PROVIDED ON THE WEBSITE OR PLACE AN ORDER FROM WEBSITE.

Please ensure that you carefully read these Conditions. It is important that you regularly check for updates. BAINDOUX B.V. reserves the right to update these Conditions at any time. The date of the latest update can be found in the last section of the Conditions. Your order will always be subject to the Terms and Conditions that apply at the order date. We recommend you to print or download a copy of these Conditions for future reference.

2. OUR DETAILS

Sale of goods through this website is carried out under the name BAINDOUX B.V. a company registered in the Netherlands (Chamber of Commerce No. 74992244), with its registered office located at 1066 JR AMSTERDAM, Thomas R. Malthusstraat 1-3. 

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us shall be processed in accordance with the Privacy Policy. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. 

4. USE OF OUR WEBSITE

When you use this website and place orders through it, you agree to:

1. Use this website to make enquiries and legally valid orders only.
2. Use the website in a diligent manner appropriate to current legislation, morality, decent conduct and public order, and in all cases, in accordance with the purpose for which the website exist.

iii. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the competent authorities.

1. Not use the website for illegal purposes or effects, or in a manner in breach of these Conditions, that may damage third-party interests or rights, or in any way damage, impair, disable or make the website inaccessible, or impede its normal use for other users.
2. Not destroy, alter, render useless or in any other way damage the data, programs or electronic documents found in the website.
3. Not hinder other users accessing the service by the mass consumption of computer resources used by BAINDOUX B.V. to provide the website, and also to not take any actions that damage, interrupt or generate errors in said systems.

vii. Not introduce programs, viruses, macros, applets, drawings, audio and/or image files, photographs, recordings, software and, in general, any type of material accessible via the website.

viii. Provide us with your email address, postal address and/or other contact details truthfully and exactly.

You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy Policy). If you do not provide us with all the information we need, you cannot place your order.

When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.

Additionally, by placing the corresponding order and where applicable, you undertake to comply with the applicable laws of your jurisdiction as importer of record as well as to perform any other procedures that must be carried out for the dispatch of the merchandise from your place of residence.

5. FORMALISING THE CONTRACT

To place an order, you must follow the online purchasing procedure and click on “Authorise payment” whereupon you will receive a cofirmaion of your order (the “Order Confirmation”).

BAINDOUX B.V. reserves the right to subject all orders to acceptance. We expressly reserve the right not to accept your order for any reason. Once we have sent you a confirmation that your purchase has been shipped (the “Shipping Confirmation”), your order is considered final. At this point a contract, to which these Conditions shall automatically apply, is entered into between you and BAINDOUX B.V. (the “Contract”). 

By accepting these Conditions, you confirm that you have had the opportunity to either accept or reject them.

The Parties herein have agreed that the warranties implied by the applicable regulations (and as may be amended or replaced thereafter) are excluded, whenever possible and in accordance with the terms and conditions prescribed by law, and do not apply to the Contract unless specifically stated otherwise.

6. MEANS TO CORRECT ERRORS

In case you detect that an error occurred when entering your personal data during the purchase process you will be able to correct those errors by contacting the customer service via the email address online@baindoux.com, as well as exercising the right of rectification contemplated in our Privacy Policy. This website displays confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, this website offers details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order. If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service through email address above to correct the error.

7. AVAILABILITY OF PRODUCTS

All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we will reimburse any amount that you may have paid.

8. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.

9. DELIVERY

BAINDOUX offers different shipping methods, according to location or specified needs. We do not ship on certain public holidays. Please note that delivery times – form the date of dispatch – are provided as guidelines only. Ensure to provide us with the correct shipping and billing information to avoid delays. 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 countries section of the website.

Track&Trace: All orders are traceable. Once your order is shipped you will find the track-and-trace number and instructions in the email informing you your products have been dispatched.

To secure your order we only deliver upon receiving a signature.

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. 

If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated.

Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.

For orders outside of Europe, please be aware that customs duties and shipment fees may apply. These costs are not included in the product price and vary by location. If you have questions, contact us at info@baindoux.com

11. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

The products shall be under your responsibility from the moment of delivery to you as outlined in Clause 9 above.

You will take ownership of the products when we receive full payment of all amounts due, or at the moment of delivery (as defined in Clause 9 above), if that were to take place at a later time.

12. PRICE AND PAYMENT

The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.

We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.

Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.

Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. 

Payment can be made by iDeal, Visa, Mastercard, American Express and PayPal.

To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse. If your payment method is PayPal, the charge will be made when we confirm your order.

When you click “Authorise Payment”, you are confirming that the credit card is yours.

Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.

Note: at this time we are only able to process your order in Euros. No other currency is currently accepted. Since BAINDOUX B.V. processes all transactions in Euros and is a company domiciled in the Netherlands, the payment operation is considered international if your Card/Payment Method is not issued in the Netherlands. Consequently, in order to process this international payment, your Card Issuing Bank could pass on certain fees or surcharges derived from the international nature of the transaction, conversion of foreign currencies or any another reason.

You should keep in mind that cards and other means of payment are issued by the corresponding financial entities, Banks and Card Schemes, and have, by association, certain rules and regulation for use. BAINDOUX B.V. is not involved or responsible for these rules and regulations and recommends you be aware these potential fees and charges, and that full clarity on these should be sought directly from your Financial Entity/Issuing Bank.

Duty, customs tariffs and taxes (“Import costs”) are set by each local government and determined based on a combination of the country of origin of the goods being purchased and/or the classification of that merchandise in accordance with a harmonized system adopted and used by each local government. By placing the corresponding order, you undertake to comply with the applicable foreign exchange laws of your jurisdiction.

13. RETURN POLICY

1. 1. Canceling an order before delivery

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please contact us at online@baindoux.com. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.

13.2 Exercising your right of withdrawal

With the exception of personalized  products and products made to your specifications, if for whatever reason you are not happy with the products you ordered, you may inform us that you wish to withdraw from the Contract within 14 calendar days after the product is delivered, as long as:

1. the products are in original condition and not tampered with, worn, washed or altered in any way;
2.  the product is complete and you return it in or together with the original packaging, attached tags etc.;

1. 1. Refund 

In case of return under clause 13.2, BAINDOUX will only issue a full refund if products are in the same condition as at the time of delivery as stated above. Once we have received your return -duration depending on where you send from- and all requirements have been met you will be notified by email. Your refund will be issued (based on the original form of payment) within 14 days after receipt by BAINDOUX of the returned product or of receipt of proof that you have sent the goods back, whichever is the earlier. Return shipping costs incurred by you will not be reimbursed. 

1. 1. Product exchange

You can exchange a product for a different style, size or color within 14 days of receipt. For this purpose please use our Return Portal on www.baindoux.com/returnportal/ or contact us directly at online@baindoux.com 

1. 1. Faulty product

Baindoux strives to ensure that all items sold are of the highest quality. However if you have a concern with a faulty item, please email us at online@baindoux.com so we can urgently review the matter for you.

13.6 Risk of return shipment

When returning a product please send it to the following address:

BAINDOUX

Rua da Capela, n. 50

4615-191 Figueiro

(Santiago)

Portugal

You yourself are responsible for shipping the product to our distribution centre and we recommend using a registered post services to return goods, and keeping a record of the tracking details. In case we do not receive the product,

we are in no way liable for loss of the product. The burden of proof that a product is delivered to us is on you or the

company used for shipping.

14. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS

Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.

Notwithstanding the above, our liability shall not be waived nor limited in the following cases:

1. in case of death or personal harm caused by our negligence;
2. in case of fraud or fraudulent deceit; or

iii. in any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions

indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

1. loss of income or sales;
2. operating loss;

iii. loss of profits or contracts;

1. loss of forecast savings;
2. loss of data; and
3. loss of business or management time.

Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.

All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established. 

If you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they:

(i) comply with the description given by us and possess the qualities that we have presented in this website. However, please note that due to the different settings of each computer, colors and fabric details on the images shown on this website may differ from the original colors and fabrics. We strive to display and describe our products as accurate as possible but cannot be held responsible for such discrepancy. 

(ii) are fit for the purposes for which goods of this kind are normally used; 

(iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.

To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.

15. INTELLECTUAL PROPERTY

You recognise and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the licence for their use. You may use said material only to the extent that we or the usage licencers authorise expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.

16. ACCESS TO THE WEBSITE

We do not guarantee that the website, or any content on it, will always be available or be uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the website without notice. We will not be liable to you if for any reason the website is unavailable at any time or for any period. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

Although the Website is compiled with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the website.

17. LINKS FROM OUR WEBSITE

If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

18. WRITTEN COMMUNICATION

The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.

19. NOTIFICATIONS

The notifications that you send us must be sent preferably through the email online@baindoux.com. Pursuant to the provisions in Clause 18 above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order. 

It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email or three days after the postage date on any letter.

As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mail box; in the case of an email, that the notification was sent to the email address specified by the recipient.

20. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract is binding for both Parties, as well as for our respective successors, transferees and heirs.

You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.

We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.

21. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

1. Strike, lockout or other forms of protest.
2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or

preparation for war.

iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

1. Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.
2. Inability to use public or private telecommunication systems.
3. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.

22. WAIVING RIGHTS

The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.

The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.

The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.

23. PARTIAL ANNULMENT

Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

24. ENTIRE CONTRACT

These Conditions and any document referenced in the same constitute the entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.

The Parties acknowledge having agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.

Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.

25. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Conditions at any time.

You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case the possible changes will also affect orders made previously by you.

26. APPLICABLE LAW

These Conditions, each Contract and non-contractual obligations arising out of or in connection with it shall be exclusively governed by Dutch law. Any disputes arising out of or in connection with the Terms and Conditions, a Contract and any non-contractual obligations shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.

27. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS 

Your comments and suggestions are always welcome. Please send any comments and suggestions, as well as any enquiries, complaints or claims through the email online@baindoux.com.

Complaints and claims made to our customer services will be dealt with in the shortest possible period of time and, in any event, within the maximum period established by law. Complaints and claims shall be registered with an identification code which you will be provided with, and which will allow you to track their progress.

For residents of territories belonging to the European Union or the European Economic Area: If as a consumer you feel your rights have been infringed, please send your complaints by email to online@baindoux.com to request an out-of-court dispute resolution.

Last updated the 30th of May 2020

ANNEX

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

Address: 

BAINDOUX

Rua da Capela, n. 50

4615-191 Figueiro

(Santiago)

Portugal

I hereby give notice that I withdraw from my contract of sale of the following goods:

–

–

–

Ordered on/received on (*)

Name of consumer

Address of consumer

Signature of consumer (only for paper forms)

Date

(*) Delete as appropriate