TERMS AND CONDITIONS

1. PURPOSE

These Terms & Conditions (in conjunction with the Privacy and Cookies Policy) set out the conditions that determine the use of this website and control the conditions of the product purchase process, being accessible at all times on the website.

Boogie Bag invites you to carefully read the content of the Terms & Conditions, Privacy Policy and Cookies prior to the use of the website.

To place an order on the website you must be at least 18 (eighteen) years old, or, being a minor, authorization from your parents or legal representatives to hire under legal terms. When you use this website, you declare that you fulfil these conditions.

These Terms & Conditions may be amended at any time, and, in this situation, we will post an updated version on the website. Use of the website as well as placing any order after Boogie Bag has published a new version of the Terms & Conditions will be subject to the version of the Terms & Conditions in force, which shall be expressly accepted prior to submission of the order.

When registering on the website you must ensure that the mandatory information provided is correct and complete. We ask you to inform Boogie Bag of changes to your identification data, such as postal address, email address, and any other contact details, by updating your personal details on the website without delay.

By using the website, you are bound not to make false or fraudulent orders, and Boogie Bag may, if it considers that such an order has been placed, cancel it and inform the competent authorities.

2. CONTRACT CELEBRATION

To order one or more products available on the website, you must follow the following procedures:

Choose the product from the Boogie Bag website;

Add the product to the "Cart";

Later, click "Buy"

(I) New Customer Registration

To register as a "New Customer", you will need to fill out an available form and the following information must be included:

First and Last name;

Date of birth;

Email address;

Password;

Once completed the form with all the above information, you must select the Method of Delivery of the product, in accordance with the provisions, then you should opt for one of the available Payment Methods. Finally, you should click "Confirm Payment"

In order to "Confirm Payment", you will need to accept these Terms & Conditions in advance.

Once the order has been completed, Boogie Bag will send you an "Order Confirmation" email. This email is a mere automated proof, which means that we receive your order and in which you are sent an information about number and date of the order, method of delivery and payment, delivery and billing address, product price, value of shipping costs, identification of the product and its basic characteristics.

Always make sure to review your purchase before clicking "Confirm Payment". Before clicking "Confirm Payment", you have the possibility to edit all information you have entered, such as the shipping or billing address, payment information or to add, change or remove products in the "Cart".

You can always access your purchase history, which contains information about number, date and order status, product IDENTIFICATION and its basic characteristics, respective shipping price and costs, payment method used, delivery method selected and billing address on the Boogie Bag website under "My Account".

The purchase receipt will be sent to you in paper format along with your order.

In case of difficulties with your order, you can always contact Boogie Bag through Customer Support - boogiebag.design@gmail.com

3. PRODUCTS AVAILABILITY

All product orders will be subject to their availability. To this end, if there is any difficulty in the supply of products or if there are no products in stock, Boogie Bag will inform you of the unavailability and refund you the amount you've paid, within a maximum period of 10 (days).

4. PRICES, SHIPPING CHARGES AND PROMOTIONAL CODES

The prices paid for the products you order are those displayed on this website at the date the order is placed, including VAT at the legal rate in force, but excluding shipping charges that will be added to the value of the placed order.

Prices are displayed in the currency of the selected country depending on the geographic location of your IP address.

Please note that when changing the country, prices and shipping charges may change, and the prices of the selected country will be taxed according to the stablished/tabled prices.

The shipping charges will be debited according to the amounts indicated on the website, calculated, in particular, according to the selected product and shipping method.

You will always be informed, clearly and concisely, prior to the completion of the order, about the total price of your purchase, which includes the price of the product, all taxes and fees, additional shipping charges or any other costs that may exist.

Boogie Bag reserves the right to change the prices of the products and shipping costs at any time, but does not affect the orders that were already been finalized.

Promotional codes are codes or words encoded as "Discount" or "Coupon" that, for example, may provide you with discounts on certain products, throughout your order, or may represent an offer of shipping charges. Promotional codes only relate to purchases made on the Boogie Bag website and can only be used in the country in which the purchase was made.

In order to be able to use the promotional codes, you must make sure that you enter the code in the appropriate space when making the payment. If you do not apply the promotional code at that time, you will not be able to use the promotional code on that purchase, without prejudice to being able to use it in a later order, subject, of course, to the conditions of use of each promotional code.

5. PAYMENT

Payments can be made by Credit Card such as Visa, Mastercard, Maestro or American Express.

All orders are processed in the local currency of the respective country of purchase. In the event that your bank account is in another currency, the exchange rate used for debit in your account will be automatically determined by the Bank and not by Boogie Bag.

- Visa, Mastercard, Maestro and American Express cards

In order to reduce the risks of unauthorized access, your credit card data will be encrypted through the SSL Protocol (Secure Socket Layer) and verified by Digicert, as best explained in the Privacy Policy.

If the payment is made using a credit card, a pre-authorization will be made to ensure that you have sufficient funds to complete the transaction.

After selecting the credit payment option, you must enter the necessary credit card details, namely the name of the cardholder, the type of credit card, the number, validity and security code of the card and then click on "Confirm Payment". The debit on the card is made within a period that can vary up to 48hours after the order is finalized.

The order will be automatically cancelled if you do not make payment within 24 hours.

In the event of situations where Boogie Bag is in Online Markets, Face-to-face Markets or any other type of event, be it in any format, payments via the website must be made and proven within a maximum of 24 hours after boogie bag confirms the order.

6. DELIVERY

All orders will be delivered to the address you specified for delivery when you placed your order.

Orders will only be sent after confirmation of the availability of stock and confirmation of payment, being dispatched by Boogie Bag partner companies, namely CTT, which will handle the delivery of your order through the respective offices closest to your geographical location. You can find out more about these companies by consulting the following links: https://www.ctt.pt/

When placing your order, you will be asked to choose the shipping method you want. The final value of your order will always indicate, clearly and accurately, the amount incurred as shipping costs according to the amount and weight of your order.

Boogie Bag will make its best efforts to fulfill the delivery of the order within 1-5 working days to Mainland Portugal (according to the selected shipping method), 5-7 working days for the Azores and Madeira and for the other countries (Europe) 10 -15 working days and the Rest of the World the minimum delivery time is 15 working days with no prediction of the maximum time, depending on the region, always within the delivery times of the carrier.

Orders will only be shipped on business days.

It should be noted, however, that there may be some grounds, such as circumstances unrelated to Boogie Bag, namely facts constituting "Major Force Events" under Point 17 which make it impossible to deliver the order on the scheduled date.

As Boogie Bag is unable to meet the delivery time of the order, it will inform you of this situation, granting you the option to continue with the purchase, establishing a new delivery date, or cancel the order, with full refund of the amounts that were paid, no later than thirty (30) days from the date of the unavailability.

7. IMPOSSIBILITY OF DELIVERY

If it is impossible to deliver your order in fact not attributable to Boogie Bag or the carrier, a pick-up notice will be left at one of the Post Office counters or you will be contacted at the email address or telephone number you've provided for rescheduling the delivery of the order.

8. RIGHT OF FREE RESOLUTION

If for any reason you wish to return a product, you may do so freely, without penalty and without justification, within five (5) days of the day following that in which Boogie Bag delivers it to you directly or to a third party indicated by you (other than the carrier), the product.

In order to exercise your right of free re-employment of the contract, you must communicate to Boogie Bag that intention by means of an unequivocal declaration of resolution of the contract and may use the following contact:

- Email Address: boogiebag.design@gmail.com

The return of the order must be made within a maximum period of 5 (five) days from the date on which you communicated to Boogie Bag your decision to cancel the contract.

Boogie Bag does not support the cost of delivery for returning the returned order.

You must keep and present, at the time of return, the purchase receipt, keep the product in order to be able to restore it in the proper conditions of use, not exceeding the handling that is usually admitted in a commercial establishment, intact, with a label and in the original packaging.

Boogie Bag will refund the amount for the returned product without undue delay and no later than five (5) days from the date Boogie Bag received the returned product.

Boogie Bag makes refunds using the same means of payment as it used in the initial transaction, but may, if it so chooses, opt for a refund by awarding gift vouchers.

Boogie Bag may cancel any order or not accept a confirmed order in the event of a technical error and/or an error in prices or any information on the products that are on the website at the time of placing the order. Boogie Bag will refund the amounts paid in full.

9. EXCHANGES AND RETURNS

The changes of the product can be made in person in Boogie Bag's Atelier / Showroom.

You must keep and present, when exchanging the product, the receipt of the purchase and must keep the product in order to be able to restore it in the proper conditions of use, also containing the label, not exceeding the handling that is usually allowed in a commercial establishment, intact and in the original packaging.

10. RETURNS OF DEFECTIVE PRODUCTS

Boogie Bag ensures the guarantee of conformity of the goods purchased on the website in accordance with the provisions of Decree-Law No. 67/2003 of April 8, with changes introduced by Decree-Law No. 84/2008, of May 21.

To do so, it is necessary that the non-conformity of the product purchased exists at the time of its delivery and is manifested within a maximum of 2 (two) years from the delivery of the same ("Warranty").

Thus, in the event of a lack of conformity of the product purchased with the contract, it shall, within a maximum and impossible period of 2 (two) months from the date of detection of the non-conformity, contact boogie bag, providing the order number, product details and identifying the non-conformity in question, for the following contact:

- Email Address: boogiebag.design@gmail.com

The delivery of the product for return can be made:

In our Atelier/Showroom;

By mail.

If, once the product has been examined, Boogie Bag finds that there is indeed a defect or lack of conformity of the purchased product, the customer may choose to request that the goods be replaced free of charge, through its repair or replacement, by the appropriate reduction of the price or by the resolution of the contract with full refund of the price. As mentioned above, these rights must be exercised within a maximum and improrrogable period of 2 (two) years since the delivery of the product, under penalty of expiry.

Boogie Bag will repair, deliver a new product or refund, in whole or in part, depending on your choice, as soon as possible and always within a maximum of thirty (30) days.

In case of choice for the resolution of the contract, with the concomitant return of the product, you will be refunded the amount paid for the goods as a price, as well as the delivery costs and, if applicable, the return costs. The refund of the amount will be made to the same means of payment that you used in the initial transaction, unless expressly requested otherwise by your part.

Defects or malfunctions resulting from improper use of the purchased products, non-compliance with the indications/instructions accompanying the products or resulting from repairs by unauthorized third parties are excluded from the scope of the warranty.

11. VARIATIONS THAT SHOULD NOT BE CONSIDERED DEFECTS

The products Boogie Bag sells, produced by hand, often have the characteristics of the natural materials used in its manufacture. These characteristics, such as variations in grain, texture, knots and colors, are not considered defects or lack of conformity. On the contrary, you must count with their presence. Such characteristics are inevitable and should be accepted as part of the individual appearance of the product.

12. PROPERTY

All copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are at all time owned by Boogie Bag or the licensor, so you may only use such material in the manner expressly authorized to you.

This does not prevent you from using the website to copy the information relating to your order or contract data to the extent necessary.

13. CUSTOMER COMMUNICATIONS

Applicable law requires that the information or notifications sent must be made in writing. By using this website, you agree that the notifications sent by Boogie Bag are electronic.

For contractual purposes, you agree to use this electronic means of communication and acknowledge 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.

14. CAMPAIGNS

FREE SHIPMENTS

Each time there is a Free Shipping campaign in force, it applies to all orders with shipment in mainland Portugal, Madeira and Azores.

MAJOR FORCE

Boogie Bag will make reasonable efforts to fulfill its obligations.

However, it cannot be held liable for non-compliance or delay in fulfilling any of its obligations, if the cause of which is due to events that are outside of its control ("Major Force").

For reasons of Major Force, all unforeseeable and/or irresistible facts, acts, events, failures, omissions, accidents or any other external acts that will be outside of our control, including but not to be the following, shall be understood:

General strike, or other forms of protest;

State of siege or emergency, disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;

Fire, explosion, storm, floods, earthquake, landslide, epidemic or any other natural disaster;

Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private;

Inability to use public or private telecommunications systems;

Decisions, decrees, laws, regulations or other normative instruments or decisions of any government or public authority.

Boogie Bag's obligations derived from the contracts shall be considered to be suspended for the period in which the Major Force Reasons are verified, benefiting Boogie Bag from extending the time limit for fulfilling such obligations, for a period of time equal to the duration of the Major Force reasons.

Boogie Bag will use all reasonable means to terminate the Major Force motives or to find a solution that will enable it to comply with its obligations under the Agreement, despite Major Force reasons.

15. LINKS FROM THE WEBSITE

The links directed to other websites or third-party materials referred to on the website are provided solely for the collection of information and Boogie Bag has no control over the content of these websites or materials, so it cannot be held responsible for any damages or losses arising from the use of such.

16. APPLICABLE LAW

All matters relating to the application or interpretation of these Terms & Conditions and, as well, any dispute arising out of the interpretation, validity or non-compliance with the contract concluded between the parties, shall be subject to the competent Portuguese courts.

If such disputes shall apply the Portuguese law will be considered.

17. DISPUTE RESOLUTION

In the event that you have been unsatisfied with the purchase of the product or the service provided on Boogie Bag's website, you may also, without prejudice to the right to submit the dispute to the assessment and decision of a judicial court, to resort to one of the Alternative Consumer Dispute Resolution Entities listed on the consumer portal, on the www.consumidor.pt website, or Online Consumer Dispute Resolution identified on the https://webgate.ec.europa.eu/odr.

The existing alternative consumer dispute resolution entities are as follows:

(i) Lisbon Consumer Disputes Arbitration Centre: https://www.centroarbitragemlisboa.pt/

(ii) Vale do Ave Conflict Arbitration Center / Arbitral Tribunal: https://www.triave.pt/

(iii) CIAB - Consumer Information, Mediation and Arbitration Center /Consumer Arbitration Tribunal: https://www.ciab.pt/pt/noticias/itinerancia-da-exposicao-comemorativa-do-20-aniversario-do-ciab-31

(iv) CNIACC - National Center for Information and Arbitration of Consumer Disputes: https://www.arbitragemdeconsumo.org/

(v) Consumer Disputes Arbitration Center of the District of Coimbra: https://www.centrodearbitragemdecoimbra.com/

(vi) Algarve Consumer Conflict Information, Mediation and Arbitration Centre: https://www.consumidoronline.pt/pt/

(vii) Porto Consumption and Arbitration Information Center: https://www.cicap.pt/

(viii) Madeira Consumer Disputes Arbitration Center: https://www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx

(ix) Arbitration Centre of the Autonomous University of Lisbon: https://arbitragem.autonoma.pt/