Terms of service

This website is owned by LAMEIRINHO – Indústria Têxtil SA (hereinafter referred to as “Lameirinho”), headquartered at Rua do Burgo nº651, 4835-309 Guimarães – Portugal, with a share capital of €35,000,000, registered at the Guimarães Commercial Registry Office under the unique registration and corporate number 500151539.

The entity responsible for managing this website is: Buzina – Negócios Digitais, LDA.

PREAMBLE

These General Terms and Conditions govern access to and use of the Lameirinho website, as well as the making of online purchases. By using this website, the user agrees to these terms and conditions.

In accordance with applicable legal requirements, this document establishes the conditions governing the use of the website shop.lameirinho.pt, as well as the process of purchasing products made available to its users.

We therefore request that you carefully read these General Terms and Conditions as well as our Privacy Policy before using the website, since by using it or placing an order, the customer agrees to be bound by the aforementioned conditions.

Therefore, if the user does not agree with all the conditions and the privacy policy, they should not use the website shop.lameirinho.pt.

We reserve the right to amend these Conditions at any time. It is the user’s responsibility to regularly review the conditions in force at the time of using the website or entering into the contract (as defined below).

These General Terms and Conditions are agreed between Lameirinho - Indústria Têxtil SA, headquartered at Rua do Burgo, no. 651, 4835-309 Guimarães - Portugal, with a share capital of €35,000,000, registered at the Guimarães Commercial Registry Office, VAT no. PT500151539, and any user who uses the website and/or wishes to make a purchase through the website shop.lameirinho.pt.

ARTICLE 1: YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The data provided by the customer will be processed in accordance with our Privacy Policy. By using our website shop.lameirinho.pt, the customer consents to the processing of the data provided and declares that all information supplied is true, complete, and accurate.

ARTICLE 2: USE OF OUR WEBSITE

By using our website shop.lameirinho.pt and/or placing orders through it, the customer accepts these General Terms and Conditions and undertakes to:

  • Use this website only to browse products and/or place orders;
  • Not place false or fraudulent orders. If there are reasonable grounds to believe that such an order has been placed, Lameirinho reserves the right to cancel it and inform the competent authorities;
  • Provide correct and truthful information, such as email address, postal address, and other contact details where necessary (see our Privacy Policy).

ARTICLE 3: INTERRUPTION OR SUSPENSION OF ACCESS

  1. Lameirinho reserves the right to interrupt access to the website shop.lameirinho.pt for such period as it deems necessary, for technical, administrative, force majeure, or other reasons that may arise and are not specifically provided for herein.
  2. Without prejudice, Lameirinho shall not be held liable for any suspension or interruption of access resulting from events not attributable to it.

ARTICLE 4: ORDER

  1. The user may place orders online through our website shop.lameirinho.pt.
  2. To place an order, the user must complete all mandatory fields and provide the necessary personal data in accordance with our Privacy Policy.
  3. By placing an order, the user fully and completely accepts the General Terms and Conditions of Sale, as well as the prices and product descriptions included in that transaction.
  4. By proceeding as described above, the user/customer enters into a purchase and sale agreement with Lameirinho (hereinafter referred to as the “Contract”).
  5. All orders are subject to acceptance and confirmation by Lameirinho, which shall be communicated to the user by email.

ARTICLE 5: PRODUCT AVAILABILITY

  1. All orders are subject to product availability.
  2. If an ordered product is unavailable or cannot be supplied, Lameirinho shall inform the user and refund any amounts that may have been paid, in accordance with article 19 of Law no. 24/96 of July 31, within a maximum period of 30 days.
  3. Lameirinho reserves the right to remove any product from the website shop.lameirinho.pt at any time and to remove or modify any material or content thereof.

ARTICLE 6: INABILITY TO COMPLETE AN ORDER

Lameirinho shall not be held liable for refusing to complete an order due to exceptional circumstances, even after confirmation thereof, being only obliged to inform the user/customer of the impossibility of completing the order and refund any payments made within 30 days.

ARTICLE 7: DELIVERY

  1. Without prejudice to the provisions of Article 5 regarding product availability, the order shall be dispatched within 10 business days after payment confirmation.
  2. The period referred to above may be freely and unilaterally altered by Lameirinho, namely in the event of exceptional or unforeseen circumstances and depending on the delivery location.
  3. Lameirinho shall only dispatch the order after full payment of the ordered products and respective shipping costs.

ARTICLE 8: DELIVERY COSTS

  1. Delivery of orders to Lameirinho stores is free of charge.
  2. Delivery costs for home delivery are borne by the user/customer and vary according to the order amount and the following regions:
  • Delivery within mainland Portugal: shipping costs €4.99 (four euros and ninety-nine cents) for all purchases or orders up to €149.00; delivery is free for purchases or orders over €149.00 (one hundred and forty-nine euros).
  • Delivery to the Azores or Madeira archipelagos costs €10.99 (ten euros and ninety-nine cents), regardless of the order value.
  • Delivery to Germany, Austria, Belgium, Denmark, mainland Spain, mainland France, Ireland, Italy, Luxembourg, and the Netherlands costs €15.90 (fifteen euros and ninety cents) for purchases or orders up to a maximum amount of €300.00 (three hundred euros).
  1. Lameirinho reserves the right to change delivery costs without prior notice by updating these General Terms and Conditions.

ARTICLE 9: DELIVERY FAILURE

  1. Deliveries are made from Monday to Friday, and the user/customer must indicate the address where the order is to be delivered.
  2. If the user is unable to be present at the delivery location, they must provide an alternative address or contact Lameirinho.
  3. If delivery cannot be completed after two attempts, the contract shall be deemed terminated and the user/customer shall lose the right to reimbursement of amounts paid for the products and shipping costs.

ARTICLE 10: PRICE AND PAYMENT

  1. The price of each product shall be the one stipulated at any given time on our website.
  2. In accordance with applicable rules and regulations, prices shown on the Lameirinho website – shop.lameirinho.pt – are displayed in euros.
  3. Prices displayed on our website include Value Added Tax (VAT) applicable at the date of transaction but do not include shipping costs, which shall be added to the total amount due in accordance with Article 8 of these Conditions.
  4. In accordance with Chapter I, Title V, of Council Directive 2006/112/EC of November 28, 2006, on the common system of VAT, the place of supply shall be deemed to be the Member State where the delivery address is located, and the applicable VAT rate shall be the one in force in that Member State.
  5. If products are delivered to a Member State of the European Union where the customer is or should be a taxable person, the reverse charge mechanism under Article 194 of Directive 2006/112/EC shall apply. In this case, VAT shall not be charged by Lameirinho, and the customer shall be responsible for paying VAT in the destination country.
  6. Prices and specifications are subject to change without prior notice.
  7. Although we attempt to ensure that all prices displayed on the website are correct, errors may occur. Lameirinho declines any liability for any errors published on the website.
  8. During order processing, any pricing errors caused by technical anomalies shall be detected, and the user/customer shall be contacted to accept or cancel the order if the actual price of the product is higher than the one shown on the website.
  9. If the actual price of the ordered product is lower than the one displayed on the website, the difference between the actual price and the amount paid shall be refunded.
  10. The user may choose among the following payment methods:
  • Credit Card (Visa and MasterCard);
  • Bank transfer to Lameirinho through account number NIB 00 10 0000 0281420000164 and IBAN PT50 00 10 0000 0281420000164;
  • PayPal;
  • Multibanco;
  • MB Way.
  1. For credit card payments, the order and card details shall be encrypted and sent to the banking entity on the order date, and the order shall only be processed after validation and communication by the bank. In case of refusal by the bank, the order shall be automatically cancelled, and Lameirinho shall not be responsible for any delay or failure to deliver nor be able to formalize any Contract with the user/customer.
  2. If PayPal is selected, the price and shipping costs shall only be charged at the end of the order process.

ARTICLE 11: TRANSFER OF RISK

The risks associated with the products shall transfer to the user/customer from the moment of delivery.

ARTICLE 12: RIGHT OF WITHDRAWAL OR CANCELLATION OF PURCHASE AND RETURNS

  1. In accordance with articles 10 to 17 of Decree-Law no. 24/2014 of February 14, the user/customer has the right to withdraw from the contract or cancel the purchase without stating any reason within 14 days from the delivery date of the order. At the end of this document, as Annex I to these Conditions, you may find a form to be used for this purpose.
  2. The right referred to in this article applies exclusively to consumers, defined as “a natural person acting for purposes outside their trade, business, craft or profession” under article 3(e) of the aforementioned legal diploma.
  3. If the customer withdraws from the Contract, Lameirinho shall reimburse the amount paid for the products and any other payments received under the contract (except for delivery and return costs, which remain the responsibility of the customer), without undue delay from the day it is informed of the decision to withdraw.
  4. Reimbursement shall be made using the same payment method used by the customer for the original transaction. In any event, the customer shall not incur any fees as a result of such reimbursement. Notwithstanding the above, we may withhold reimbursement until we have received the returned products or until the customer provides evidence of having returned them.
  5. The customer may exercise the right of withdrawal by any means permitted by law, and this right shall be deemed validly exercised by sending written or telephone notice of withdrawal.
  6. This provision does not affect any other rights granted to consumers under applicable law.
  7. Return costs for the product(s) are the responsibility of the user/customer.
  8. The right provided for in this article applies exclusively to products that can be returned in the same condition in which they were received, namely in their original packaging and with all documents included.
  9. Upon return, the product shall be examined by Lameirinho and, if compliant, the refund shall be processed.
  10. No refund shall be granted if the product(s) have been used beyond what is necessary for inspection or are damaged.
  11. Returns shall be processed as quickly as possible.
  12. Responsibility for any damage to or loss of products during return shipment rests solely with the user/customer.
  13. Products should be returned to:

LAMEIRINHO Indústria Têxtil S.A.
APMONESAL_ONLINE
Rua do Burgo 651
4835-309 Guimarães
Portugal

ARTICLE 13: RETURN OF DEFECTIVE PRODUCTS

  1. In cases where you consider that, at the time of delivery, the product does not comply with the provisions of the contract, the user/customer must immediately contact Lameirinho.
  2. Lameirinho will collect the product and proceed with its analysis.
  3. If the non-conformity is confirmed by Lameirinho, the customer will be informed by email regarding the replacement of the product or the refund, depending on product availability.
  4. If replacement is not possible, the amount paid, including delivery costs, will be refunded.
  5. Products sold by Lameirinho may present material characteristics such as variations in texture, colours, among others, which may not be considered defects or damage. We market products of the highest quality, but certain characteristics are unavoidable and should be accepted as part of the product’s individual appearance (example: linen).
  6. All rights recognised by the applicable law shall be safeguarded.

ARTICLE 14: EXCHANGES

Without prejudice to the right of withdrawal and the return of defective products, products purchased through the website shop.lameirinho.pt cannot be exchanged for hygiene reasons.

ARTICLE 15: RIGHT OF WITHDRAWAL AND RETURNS OF ORDERS FROM ABROAD

  1. If you have ordered items from a location outside Portugal through this website, please note that we are not responsible, under any circumstances, for shipping costs to addresses outside Portugal, nor for return costs from destinations outside Portugal.
  2. The provisions of this clause do not affect your rights as a consumer, nor your right to terminate the contract under the applicable legal terms.

ARTICLE 16: FORCE MAJEURE

  1. We shall not be liable for any failure or delay in the performance of any obligations assumed under a Contract if caused by events beyond our reasonable control, namely Force Majeure Events.
  2. Force Majeure Events include any act, event, non-performance, omission or accident beyond our reasonable control, including, but not limited to, the following:
  • Strikes, lockouts or other industrial actions.
  • Civil unrest, riots, invasions, terrorist attacks or threats, war (declared or undeclared), or threats or preparations for war.
  • Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, aircraft, motor transport or other means of public or private transport.
  • Impossibility of using public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions imposed by any government or public authority.
  • Strikes, failures or accidents involving maritime, river, postal or any other type of transport.
  1. Our obligations arising from contracts shall be deemed suspended during the period in which the Force Majeure Events continue, and we shall benefit from an extension of time for performance equal to the duration of the Force Majeure Events. We will use all reasonable means to end the Force Majeure Events or to find a solution that allows us to fulfil our contractual obligations despite the Force Majeure Events.

ARTICLE 17: LIABILITY

  1. For all stages of access to the website shop.lameirinho.pt, as well as the ordering process, delivery and after-sales services, Lameirinho is subject to an obligation of means, not of result.
  2. Lameirinho does not guarantee and shall not be held liable for any inconvenience or damage inherent to the use of the internet network, service interruption, external intrusion or the presence of computer viruses, or any other force majeure event — nor is it responsible for any failure, malfunction, difficulty or interruption in the operation of the website, regardless of its nature.
  3. Lameirinho does not guarantee the permanent or uninterrupted operation of the website and therefore cannot be held liable for the impossibility of its use or for any resulting damages or losses.
  4. Products are described and presented on the website shop.lameirinho.pt with the greatest possible accuracy. However, we do not guarantee the absence of errors.
  5. If, despite all precautions, errors occur on the website shop.lameirinho.pt, Lameirinho shall not be held responsible for such fact.
  6. The provisions of this clause do not affect the customer’s legal rights to withdraw from the contract.

ARTICLE 18: MINORS

We do not sell products to minors.

ARTICLE 19: PRIVACY, PERSONAL DATA PROTECTION AND NEWSLETTER

  1. The personal data provided will be processed in accordance with our Privacy Policy. By using the website, the user consents to the processing of their personal data as described in the policy.
  2. The customer may exercise their rights of access, rectification, cancellation and objection by sending an email to privacidade@lameirinho.pt
  3. If, at any time, you wish to stop being part of Lameirinho’s database, you may exercise this right by sending an email to privacidade@lameirinho.pt
  4. With your consent, Lameirinho may use your data for direct marketing through any communication channel, namely by email, SMS, MMS or other forms of automatic communication, but it does not sell or share its customer database with third parties.

ARTICLE 20: VIRUSES, HACKING AND OTHER CYBER ATTACKS

  1. The user undertakes not to misuse this website, including, but not limited to, intentionally introducing viruses or any other technologically harmful or damaging software or material.
  2. Unauthorised access to this website, the server on which it is hosted, or any server, computer or database related to our website is strictly prohibited. Likewise, the user undertakes not to carry out denial-of-service attacks or distributed denial-of-service attacks against this website.
  3. Failure to comply with this clause may constitute a criminal offence under applicable legislation. In the event of non-compliance, we will report such activity to the competent authorities and cooperate with them to identify and hold the attacker responsible. Non-compliance will also result in the immediate termination of authorisation to use this website.
  4. Lameirinho shall not be liable for internet failures or any external acts of sabotage or hacking that prevent the proper functioning of the website, nor for any damage or loss resulting from denial-of-service attacks, viruses or other technologically harmful materials that may affect your computer equipment, devices, data or other materials as a result of using this website shop.lameirinho.pt, downloading any content from it or redirects from this website.

ARTICLE 21: INTELLECTUAL PROPERTY

  1. All content available on the website shop.lameirinho.pt, including text, images and logos, is the property of Lameirinho and is protected by copyright and intellectual property laws. Unauthorised reproduction or use of this content is expressly prohibited.
  2. Any user who owns a personal website and wishes to place a simple direct link to the homepage of shop.lameirinho.pt on their website for personal use must first obtain authorisation from Lameirinho.
  3. The authorisation referred to in the previous paragraph is only valid if granted in writing.
  4. Any link or hyperlink directed to shop.lameirinho.pt using framing or in-line linking techniques is expressly prohibited.
  5. In all cases, the use of any link, including those referred to in paragraphs 3 and 4 of this clause, even when authorised, must be removed upon simple request by Lameirinho.

ARTICLE 22: ENTIRE AGREEMENT

  1. These Conditions and all documents expressly referred to herein constitute the entire agreement between Lameirinho and the customer regarding the subject matter of the Contract and replace any prior agreement, understanding or promise made between the parties, whether verbal or written.
  2. These conditions apply to all orders placed through the website and are intended to safeguard the rights and obligations of users/customers and Lameirinho.
  3. If any clause of these conditions becomes null and void due to legislative or regulatory changes or by court ruling, it shall be deemed unwritten. Nevertheless, the remaining terms and conditions shall remain in force and unaffected by such declaration of nullity.

ARTICLE 23: RIGHT TO UNILATERALLY AMEND THESE GENERAL CONDITIONS

  1. These Conditions may be amended by Lameirinho at any time and without prior notice to the user/customer.
  2. The user/customer is subject to the policies and conditions in force at the time of using the website shop.lameirinho.pt or placing an order, unless changes with retroactive effect are required by law or governmental decision.
  3. In the case provided for in the previous paragraph, such changes shall also affect orders placed by the user/customer under the conditions subject to amendment.

ARTICLE 24: DURATION

  1. These conditions apply for the duration of the services offered by Lameirinho - Indústria Têxtil SA.
  2. All exclusive website items are valid while stocks last.

ARTICLE 25: ALTERNATIVE DISPUTE RESOLUTION (ADR)

In compliance with Law no. 144/2015 of 8 September, all consumers (i.e., natural persons not acting in a professional capacity) are informed that, in the event of a dispute arising from our supply of goods and services, they may resort to an Alternative Consumer Dispute Resolution Entity, including the following:

You may consult the updated list of Alternative Dispute Resolution Entities available under Article 17 of Law no. 144/2015 of 8 September on the Consumer Portal through the following website: https://www.consumidor.gov.pt


ARTICLE 26: APPLICABLE LAW AND JURISDICTION

This document shall be governed by Portuguese law. For the resolution of any disputes arising from the use of this website, the Court of the District of Braga shall have jurisdiction, with the express waiver of any other jurisdiction.

ANNEX I – Model Withdrawal Form (to be completed and returned to Lameirinho)