TERMS & CONDITIONS

 

1. INTRODUCTION


1.1 These Terms and Conditions regulate all purchases, which include the registration, placing orders and accessing products “Bélmuso Swimwear“.

1.2. The website www.belmusoswimwear.com is a registered online store.

1.3 For the purposes of these Terms and Conditions is understood by:

  1. a) “Bélmuso Swimwear” – The products marketed by Bélmuso Swimwear through the website belmusoswimwear.com
  2. b) “User” – Any individual who places an order through the website belmusoswimwear.com;

1.4 The use of the website www.belmusoswimwear.com and the purchase of products by Bélmuso Swimwear presumes knowledge, understanding and acceptance of these Terms and Conditions by the User.

These conditions MAY be changed, as it is your responsibility of the User to carry out periodic reading, since the conditions in force at the time of the use of the Celebration’s webpage or contract (as defined below) are as applicable.

2. REGISTRATION AND USE OF OUR WEBSITE

2.1 To place an order, the User has to fill the mandatory fields of the checkout form on the website www.belmusoswimwear.com

When using our website and / or placing orders through it, the customer undertakes to: 

2.2 Use this website only to make legally valid inquiries or orders; 

2.3 Do not place any false or fraudulent orders. If, rationally, we can consider that an order of this nature has been placed, we will have authorization to cancel it and inform the competent authorities. 

2.4 Provide us with your email address, postal address and / or other contact details, in a true and accurate manner. You also consent to the use of the information provided to contact the customer. 

If you do not provide us with all the necessary information, we will not be able to proceed with your order. 

When placing an order through this website, you declare that you are over 18 and have the legal capacity to enter into contracts. 

3. PRODUCTS – BÉLMUSO SWIMWEAR

3.1 The website www.belmusoswimwear.com is directed at all users who want to purchase products Bélmuso Swimwear, 24 hours a day, 7 days a week.

3.2 All information regarding the characteristics of the products can be found at www.belmusoswimwear.com.

3.3 Bélmuso Swimwear reserves the right to modify at any time the information, the range of products, prices, promotions and the Terms and Conditions existing on the website www.belmusoswimwear.com.

4. PLACE ORDERS ON THE WEBSITE

4.1 To place an order on the website Bélmuso Swimwear it is necessary that the User has an email account, and that their browser is set to accept cookies and pop-ups, which will allow the full use of all the features available on Bélmuso Swimwear´s online store.

4.1.1 The User may proceed with the online purchase of products, and to do so it’s necessary to:

  1. a) Find the product(s) you wish to purchase;
  2. b) Add the selected product(s) to the “Shopping Cart”;
  3. c) Register the User’s personal data, which includes “Delivery Address”, “Billing Address”, “Payment Method”, telephone number and tax identification number (VAT) in case it is necessary. These data will be integrated into Bélmuso Swimwear´s database according to our Privacy Policy;
  4. d) Review your order and confirm it.

4.2 The User will receive an email confirming the order with the details for the selected payment method. After we receive validation of the payment, the User will also receive an email confirmation.

4.3 Bélmuso Swimwear will provide all the details by email. 

4.4 Your order will be delivered by the logistics operator at the delivery address provided in the purchase process.

4.5 By submitting the order form, the User agrees to these Terms and Conditions described at www.belmusoswimwear.com, as well as with the Privacy Policy.

4.6 Bélmuso Swimwear  reserves the right to refuse and cancel orders already confirmed, in the following situations:

  1. a) The product is not available;
  2. b) The payment is not carried out using any of the payment methods specified on the website belmusoswimwear.com;
  3. c) The billing information is not correct or verifiable;
  4. d) The payment cannot be confirmed;
  5. e) There is an error in the price quotation;
  6. f) It is not possible to deliver the order at the delivery address provided by the User.

5. PLACE A PRE-ORDER

5.1 The pre-order is valid after payment and will be delivered during the indicated period. This does not invalidate the following points 5.3 and 5.4.

5.2 Once the pre-order is accepted, Bélmuso Swimwear will not be able to make any changes to it, including sizes, styles, quantities and others.

5.3 You can only cancel a pre-order if we have not started to make it.

5.4 Any delay, production change or cancellation will be communicated to the customer.

6. PRICE

6.1 The prices of the products displayed on the website www.belmusoswimwear.com include Value Added Tax (VAT).

6.2 Customs costs relating to the country of delivery of the order shall be borne by the customer.

6.3 Prices of products displayed on the website are subject to change. Bélmuso Swimwear reserves the right to change prices without advance notice. The prices displayed at the time of purchase are the prices applicable to that purchase.

6.4 In case there is an error in the price of the ordered products, Bélmuso Swimwear or the User may, up until the order is shipped, cancel the order.

6.5 The User must pay the amount specified in the order confirmation.

7. PAYMENT METHODS

7.1 The User can purchase products using: Mastercard, Visa, Apple Pay, Google Pay, Shop Pay and PayPal.

7.2 Bélmuso Swimwear will not accept any payment method other than those mentioned in the previous point. The User should not try to pay by any other means which are not included in the specified payment methods. If you do so, we cannot be held responsible for loss of payment or any other damages that may occur. 

8. DELIVERY

8.1 Bélmuso Swimwear shall send the product(s) ordered by the User, from Monday to Friday, from 9am to 7pm, except on holidays, and according to the days and times used by the logistics company, to the delivery address provided by the User.

8.2 Delivery times vary from 1 to 15 working days. The responsiveness of Bélmuso Swimwear within these deadlines is, however, dependent on the availability of stock and cannot be guaranteed in periods of promotions, sales and during the Christmas season.

8.3 Bélmuso Swimwear will inform the user of the unavailability of the product(s) ordered and shall refund the amount paid, within 14 (fourteen) days from the knowledge of the item’s unavailability.

8.4 At the time of delivery, the User must inspect the package in order to check for possible damage. If the User finds that the products are damaged, you should not accept the delivery of the order, which will be returned. The User should report the situation, if possible documented with photos, to the email contact@belmusoswimwear.com  and if the User agrees, Bélmuso Swimwear will proceed to resend the order at no cost to the User. If the User wishes to cancel the order, the full amount paid for the order will be reimbursed.

8.5 If you do not receive your order within a maximum of 20 (twenty) working days from the order payment date, please send us an email to contact@belmusoswimwear.com  informing us of what happened. 

8.6 Bélmuso Swimwear considers the delivery done with the signature on the delivery receipt at the agreed delivery address.

9. RETURNS & EXCHANGES

9.1 We’re happy to accept returns if your order does not meet your expectations, has defects or other non-compliances, provided that:

  1. a) The product(s) have not been used;
  2. b) The product(s) maintain their original features and labels intact;
  3. c) The product(s) are complete. All material accompanying the orders must be returned to Bélmuso Swimwear.

9.2 You have 14 days from the date you received your order to return any item.

The customer should request the return of the order via e-mail contact@belmusoswimwear.com , indicating the article(s) you want to return, as well as the order number.

The method of shipping and the cost of delivery to Bélmuso Swimwear will be the responsibility of the user.

If a returned item is shipped internationally, mark it as “RETURNED GOODS” to avoid any Customs charges. We are not responsible for any charges imposed on packages returned by Customs. 

Once we receive the returned product, Bélmuso Swimwear will analyze and confirm its state of conservation and, when applicable, will refund within a maximum period of 14 (fourteen) days.

Our shipping costs will be deducted from the refund.

If returned items are damaged or worn, Bélmuso Swimwear reserves the right not to accept the return and to refuse a refund.

9.3 Exchanges.

If the item purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request a size change, upon return of the original item. This possibility is independent of the right of withdrawal, which continues to exist, both from a legal and contractual point of view.

Return shipping costs will be the responsibility of the user.

You can exchange the product(s) ordered 14 (fourteen) days after receipt, provided that:

  1. a) The product(s) have not been used;  
  2. b) The product(s) maintain their original characteristics and labels intact;
  3. c) The product(s) are complete. All material accompanying the orders must be returned.

You can request a size change by e-mailing: contact@belmusoswimwear.com 

The method of shipping and the cost of delivery to Bélmuso Swimwear will be the responsibility of the user.

This email should contain: your order number, your name, the size of the piece we sent you and the size of the piece you need.

The original item must be returned without any delay, and no later than 14 calendar days from the time of the size change request. 

After choosing the correct size, we will send the new order with the item in the size requested within 2 weeks from the date of the order to change the size, and never beyond the maximum period of 30 days. We will send you the new product once we have received the returned item or proof of its dispatch.

Please contact us at contact@belmusoswimwear.com  for more information about returns and exchanges.

9.4 Refunds

You will be refunded within 14 days of the date we were informed of your decision to cancel your purchase, but you may delay your refund if we have not received the goods back or proof of their dispatch.

The refund will be issued to the payment method you originally used.  

Once your return has been accepted, your refund will be processed according to your original method of payment, excluding any delivery costs.

11. CANCELLATIONS

11.1 Canceling your order before shipping:

11.2 The User can cancel the order at no cost, provided it has not yet been shipped.

11.3 If the User places an order and wants to cancel it, they should immediately contact our Customer Service and ask for the cancellation via the email contact@belmusoswimwear.com . This procedure is essential to trigger the cancellation process. If the cancellation request is communicated in a timely manner, the User will be notified and cancellation will be processed at no cost to the User.

11.4 If the request for cancellation is not done before the products are sent, they will be shipped to the User. If the User maintains the intention to cancel the order, the User should refuse to receive it. The products will be returned and, after being received by Bélmuso Swimwear, in the refund to the user, any delivery costs are excluded.

If you wish to cancel your order, you must notify us within 14 days of the date of arrival of your order. Once you have notified us, you will be responsible for the cost of returning the goods.

12. QUALITY

Bélmuso Swimwear does not sell second-hand products. The main characteristics of each product are shown on the website www.belmusoswimwear.com in each product page. If you receive an item in a defective or damaged condition, or if it does not exactly match the description on our website, please contact us as soon as possible.

We will organize a return and process a refund for the faulty item.

Bélmuso Swimwear will make every effort so that the colors of the products that appear on the website www.belmusoswimwear.com are the most accurate and as real as possible. However, as computer monitors vary, we cannot guarantee that your monitor is showing the exact colors.

13. COMPLAINTS

As we aim to continuously improving our services, Bélmuso Swimwear will strive for meeting and resolving the claims submitted by the User via the email contact@belmusoswimwear.com

14. WARRANTY AND AFTER-SALES SUPPORT

Bélmuso Swimwear products benefit from the warranty in accordance with the legislation applicable to the sale of consumer goods.

Rights when you shop in the EU: https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm

15. EXCLUSION AND LIMITATION OF LIABILITY

Bélmuso Swimwear does not guarantee the website www.belmusoswimwear.com will run uninterruptedly, or any of its features, as it may be suspended for carrying out maintenance work, repairs or upgrades.

Bélmuso Swimwear will also not assume any liability for any damages arising directly or indirectly from force majeure situations that prevent Bélmuso Swimwear, in any way, to meet its obligations, in particular, strikes, electric network failures, telecommunications services or any other services faults, fires, floods, inability to obtain products, materials or services, breakdowns, delays of suppliers or carriers and changes in laws or administrative regulations.

Bélmuso Swimwear is not responsible for any misuse of the User’s access data to the website by third parties, as they are non-transferable.

16. MODIFICATIONS OF THE TERMS AND CONDITIONS

Bélmuso Swimwear reserves the right to change, at any time, these Terms and Conditions, considering the changes made and users notified by publication on the website www.belmusoswimwear.com of the modified Terms and Conditions.

These Terms and Conditions begin to apply on 20 December 2022. 

17. PERSONAL DATA TREATMENT

Please read our Privacy policy so that you can be aware of the rules and procedures adopted by Bélmuso Swimwear with regards to the processing of data collected when you browse the website www.belmusoswimwear.com and when you use its features, as well as to inform you about the applicable security and confidentiality measures.

18. EVIDENCE

The informatics records, kept by Bélmuso Swimwear under secure conditions, are considered as proof of the communications, orders and payments made between Bélmuso Swimwear and the User.

19. APPLICABLE LAW

The present Terms and Conditions and all disputes arising that are related to it, including its validity, the use of the website or any purchase made on it, shall be governed by Portuguese law.

20. ONLINE DISPUTE RESOLUTION

In case of consumer dispute, the consumer may contact a Disputes Resolution Body: 

CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo 

Faculdade de Direito da Universidade Nova de Lisboa – Campus de Campolide 

https://www.cniacc.pt/ 

CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve 

Edifício Ninho de Empresas – Estrada da Penha 

8005-131 Faro 

www.consumidoronline.pt 

Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra 

Av. Fernão Magalhães, n.º 240, 1º 

3000-172 Coimbra 

www.centrodearbitragemdecoimbra.com 

Centro de arbitragem de Conflitos de Consumo de Lisboa 

Rua dos Douradores, 116, 2º 

1100-207 Lisboa 

www.centroarbitragemlisboa.pt 

Contratos celebrados na Região Autónoma da Madeira 

Rua da Figueira Preta, n.º 10, 3.º andar 

9050-014 Funchal 

centroarbitragem.sras@gov-madeira.pt 

Centro de Informação de Consumo e Arbitragem do Porto 

Rua Damião de Góis, 31 – Loja 6 

4050-225 Porto 

www.cicap.pt 

Centro de Arbitragem de Conflitos de Consumo do Vale do Ave 

Rua Capitão Alfredo Guimarães, n.º 1 

4800-019 Guimarães 

www.triave.pt 

Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) 

BRAGA: Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé) 

4700 – 030 Braga 

VIANA DO CASTELO: Av Rocha Paris, nº 103 (Edifício Vila Rosa)  

4900 – 394 Viana do Castelo 

www.ciab.pt 

In case of online consumer dispute, consumers may resort to an ‘online’ dispute resolution system, the ODR Platform (“online dispute resolution”), which has the authority to settle disputes regarding contract obligations resulting from sales contracts or online services. 

Access the Online Dispute Resolution Platform for sales contracts or online services on here:

For Claims and Complaints: contact@belmusoswimwear.com

More information in the Consumer Portal - www.consumidor.pt 

21. PROMOTIONS

22.1 The promotions on the site are valid only for the time they are displayed on the site, unless otherwise communicated on the site. 

22. VOUCHER

23.1 Promotional vouchers offered by Bélmuso Swimwear in specific campaigns and/or sent with your orders are valid for the period of time indicated and are not combinable with other promotions or campaigns.

23. ELECTRONIC COMPLAINTS BOOK – PORTUGAL 

You can use the Electronic Complaints Book to file a complaint. To do so, simply access the Electronic Complaints Book platform, here: https://www.livroreclamacoes.pt/Inicio/

24. INTELLECTUAL PROPERTY

The customer acknowledges and consents that all copyrights, trademark and other intellectual property rights in the materials or content that are provided as part of the website are, at any time, ours or who granted us the license to their use. The customer may only use this material in the manner expressly authorized by us or by those who have granted us the license for its use. This does not prevent you from using this web page to, as necessary, copy your order information or Contract data.

25. VIRUSES, PRIVACY AND OTHER COMPUTER ATTACKS 

You should not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You must not obtain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website. 

You undertake not to attack this web page through a denial of service attack or a distributed denial of service attack. 

Failure to comply with this clause may imply the practice of infractions typified by the applicable legislation.

We will inform the competent authorities of any non-compliance with said legislation and cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this website.

We will not be responsible for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials, as a result of using this website or downloading content from it or from content to which it redirects. 

26. WRITTEN COMMUNICATION 

Applicable law requires that some of the information or notifications we send be in writing. 

By using this website, the customer accepts that most notifications with us are electronic.

We will contact the customer by email or provide information through notices posted on this website.

For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing.

This condition will not affect the rights recognized by law.

27. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract commitment is valid for you and us, as well as our respective successors, people who have benefited from transfers made by us and heirs. You may not transmit, waive, terminate or in any other way transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.

We may transfer, waive, embargo, subcontract or, in any other way, transfer a contract or any of the rights or obligations derived therefrom, at any time during the term of the contract, to any company.

All other transfers of our contractual position, rights or obligations under this contract will also be subject to your prior consent.

In order to avoid any doubts, such transfers, assignments, embargoes or other transfers must not affect the rights that you, as applicable, hold as a consumer recognized by law or that cancel, reduce or limit in any way the express and tacit guarantees that we give you we may have given.

28. DISCLAIMER RIGHTS

The lack of requirement on our part for strict compliance by the client with any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due under this Agreement or Conditions will not mean waiver or any limitation in relation to those rights or actions, nor will it exonerate the customer from fulfilling its obligations.

No waiver, on our part, of a concrete right or action will imply a waiver of our rights or actions derived from the Contract or the Conditions.

No waiver, on our part, of any of the present Conditions or the rights or actions derived from the Contract will take effect, unless it is expressly established that this is a waiver, formalize and communicate to the customer, in writing, in accordance with the provisions of these conditions.

29. PARTIAL CANCELLATION

If any of the present Conditions or any provision of a Contract are declared null and void, by firm resolution by a competent authority, the remaining terms and conditions remain in effect, without being affected by this declaration of nullity.

30. SINGLE AGREEMENT

These Conditions and all documents to which express references are made constitute the entire agreement between us and the client, with respect to the object of the Contract, and replace any other pact, agreement or promise previously established between us and the client, verbally or in writing. 

We and the customer acknowledge that we have consented to enter into the Agreement without relying on any statement or promise made by the other party or that may interfere with any written statement in the negotiations entered into by both parties prior to this Agreement, except as expressly mentioned present Conditions.