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terms-and-conditions

TERMS AND CONDITIONS OF PURCHASE AND USE OF WWW RARUSSHOP COM

1. INTRODUCTION

This document (together with the documents mentioned in the annex) establishes the terms and conditions for using this website (www.rarusshop.com) and purchasing products on it.

Please read the Terms and Conditions, our Cookie Policy and our Privacy Policy carefully before using this website. By using this website or placing an order through it, you, as the customer, are aware that you must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the conditions and privacy policies, you should not use this website.

These conditions may be amended, and it is your responsibility to read them regularly, since the conditions in force at the time of using the website or entering into the Contract (as defined below) are the ones that will apply.

If you have any questions about the conditions or privacy policies, you can contact us via our contact form.

2. OUR INFORMATION

This website is operated under the name RARUS by MENEZA LDA, NIF 516669974, with registered office at Rua da Liberdade 689, 4650-092 Airães, Portugal, and with the telephone number 253130794 and e-mail address hello@rarusshop.com.

Prior to 3 June 2022, it was operated under the name RARUS by Célia Rafaela Teixeira Marinho, with VAT number 210928190, with registered office at Rua da Liberdade 689, 4650-092 Airães, Portugal, telephone number 253130794 and e-mail address hello@rarusshop.com.

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or data provided by you will be processed in accordance with the Privacy Policy. By using this website, you consent to the processing of said

information and data and declare that all such information or data provided is truthful and accurate.

4. USE OF OUR WEBSITE

By using our website and/or placing orders through it, you agree to:

Use it for legally valid enquiries or orders only.

Not place any false or fraudulent orders. If we can reasonably believe that such an order has been placed, we will be authorised to cancel it and inform the competent authorities.

Provide us with your e-mail address, postal address and/or other contact details, truthfully and accurately. You also consent to us using the information provided to contact you (please refer to our Privacy Policy if necessary).

Unless all the necessary information is provided, we will not be able to fulfil the order.

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

5. SERVICE AVAILABILITY

The items featured on this website are available for delivery in Portugal and Europe only.

6. CONCLUSION OF THE CONTRACT

To place an order, follow the online purchase procedure and click on

"PURCHASE", after reading and accepting these Terms of Purchase. By doing so, you are entering into a contract of sale with us (the "Contract"). You will then

receive an e-mail acknowledging receipt of your order ("YOUR ORDER FROM RARUS HAS BEEN RECEIVED"). You will also receive an e-mail confirming that your order has been dispatched ("YOUR ORDER IS ON ITS WAY").

7. PRODUCT AVAILABILITY

All orders are subject to availability. If there are any difficulties in supplying products or if there are no items in stock, we will inform you of this and reimburse any amount you may have paid within 30 days.

8. DELIVERY

Without prejudice to Clause 7 above regarding product availability, and unless there are extraordinary circumstances, we will endeavour to send the order for the products mentioned in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in

question or, if no delivery date has been specified, within 30 days of the Order Confirmation date. However, delays may occur for any of the following reasons:

Customisation of products; specialised items; unforeseen circumstances; or problems in the delivery area.

If we are unable to meet the delivery date for reasons outside our control, we will inform you of this and give you the option of continuing with your purchase, setting a new delivery date, or cancelling the order with a full refund of the amount paid, without prejudice to any other rights you may have under applicable law. In any event, we do not deliver on Saturdays or Sundays.

According to these conditions, "delivery" will have taken place when you or a third party indicated by you is in physical possession of the products, which will be evidenced

by signing the order receipt at the delivery address indicated. (Signatures ceased to be compulsory during COVID)

9. UNABLE TO DELIVER

If you do not have anyone to receive the parcel and it has been a few days since we sent it, contact us on social media and we will send you what you need to schedule a new delivery.

Please note that if the product is not delivered within the stipulated period, you may be charged for the cost of storing the products and making new delivery attempts.

10. PICK-UP IN STORE

If you have chosen the pick-up in store option, you may receive a notification from our "In-store pick-up" service informing you that this option is available for the items in your order. This service is dependent on available stock and other factors, and therefore cannot be

selected by you when you place your order. If you receive notification that

"In-store pick-up" is available, your order will be available for collection in store.

Once your "In-store pick-up" order is ready, we will contact you to let you know that you can pick it up. The order can be picked up in person (on presentation of the order number) or you can arrange for someone else to collect it. In this case, the person in question will have to provide the order number.

The terms of this Clause 10 (together with the other terms) will apply to you if you make a purchase via the "IN-STORE PICK-UP" service, and will also be subject to any other applicable regulations.

12. PRICE AND PAYMENT

You will bear full responsibility for the product from the moment of delivery.

You will take ownership of the products once we receive full payment of the amounts due, including delivery charges, or upon delivery (in accordance with the definition contained in Clause 8 above) if this date is later.

The price of each product will be the one stipulated at any given time on our website, except in the case of an obvious error. Although we try to ensure that all the prices on the page are correct, errors may occur. If we detect an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order with the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and you will receive a full refund.

We will not be obliged to supply you with any product at an incorrect lower price (even if we have sent you the Dispatch Confirmation) if the pricing error is obvious and unequivocal and could have been reasonably deduced by you.

The prices on this website include VAT but do not include shipping costs, which will be added to the total amount owed in accordance with our Shipping Guide.

Prices may be changed at any time, but (except in the terms set out above) possible changes will not affect orders for which we have already sent an Order Confirmation.

Once you have made your purchases and added all the items you wish to buy to your basket, the next steps are to complete the order and make the payment. To do this, you must follow the purchase process steps, filling in or checking the information requested at each step.

You can also change your order details during the purchase process, before payment. You can pay by Visa, Mastercard, American Express or PayPal. You can also pay using entity and reference numbers and MB WAY. You can also pay all or part of the price of your purchases with a voucher issued by us.

To reduce the risk of unauthorised access, your credit card data will be encrypted. Upon receipt of your order, we will pre-authorise your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged as soon as your order is authorised.

If your payment method is PayPal, the debit will be made when we confirm your order.

By clicking on "Finalise Order", you confirm that the credit card is yours or that you are the legitimate owner of the gift card or payment card.

Credit cards are subject to checks and authorisations by the issuing entities, but if they do not authorise payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalise any Contract with the customer.

RARUS allows you to pay using entity and reference numbers.

You can pay for your purchases through the ATM network or online via your bank's homebanking service. The payment details are generated once the order is completed and differ depending on the payment method you choose. Orders have a payment period of 24 hours, after which they will be automatically cancelled by the website.

12.1 PAYMENT USING ENTITY AND REFERENCE NUMBERS

RARUS allows you to pay using entity and reference numbers.

13. BUY AS A GUEST

This website also allows you to purchase via the guest purchase feature. In this type of purchase, you are only asked for the information you need to place your order. Once the purchase process has been finalised, you will be offered the option of registering as a user or continuing as an unregistered user.

14. EXCHANGE POLICY

14.1 RIGHT TO WITHDRAW FROM THE CONTRACT

According to the applicable regulations, if you are entering into a Contract as a consumer, you have the legally enshrined right to cancel the Contract within 14 days of its conclusion without giving any reason.

The withdrawal period will expire after 14 days from the day on which you (or a third party - other than the carrier - indicated by them) receives the item. To exercise the right to freely withdraw from the Contract, you may contact us via social networks (Facebook and Instagram).

In order to comply with the period for freely withdrawing from the Contract, simply send notification of your decision to exercise the right of withdrawal before the contract withdrawal period expires.

Effects of withdrawing from the Contract

If you withdraw from the Contract, we will refund the amount paid for the products, without undue delay and provided that such withdrawal does not occur more than 14 days after physical receipt of the goods. We will issue the refund using the same payment method used for the original transaction. Notwithstanding the above, we will withhold the refund until we receive the products back.

You should return the products via a carrier specified by us and you are responsible for the return costs.

All rights recognised by the law in force will be respected.

14.2 CONDITIONS FOR EXERCISING THE CONTRACTUAL RIGHT TO RETURN PRODUCTS You do not have the contractual right to return products for the following items:

Personalised items

Music CDs and DVDs without their original packaging.

Sealed products that are not suitable for return for hygiene reasons (underwear) and that

 have been opened after delivery.

The contractual right to return products will apply exclusively to products that can be returned in the same condition in which you received them. No refund will be issued if the product has been used beyond simply opening its packaging or if it has been damaged. You must therefore be careful with the products while they are in your possession. Please return the item, using or including the original packaging. You should also include all product instructions, labels, documents and packaging.

The respective products must be returned as indicated:

After examining the item, we will let you know if you are entitled to a refund. If you have any questions, please contact us via Facebook or Instagram.

14.3 DEFECTIVE PRODUCTS

In cases where you consider that, at the time of delivery, the product does not comply with the terms of the Contract, you must contact us on the same day.

You can return the product to the STORE, or by giving it to a carrier sent by us to your home address.

In accordance with the law, instead of cancelling the Contract (and consequently returning the goods and receiving a refund), you can also opt for a replacement product or an appropriate price reduction.

The refund, product replacement, or appropriate discount must take place as soon as possible.

The amount paid for products returned due to any damage or defects will be refunded in full, including the delivery costs incurred in sending the items and the costs incurred in returning them. The refund must be made by the same method of payment used to pay for the purchase.

All rights recognised by the law in force will be respected.

14.4 SIZE CHANGE

If the item you purchased is not the correct size, you may request an immediate exchange of the returned size no later than 14 days after receiving the order.

14.5 VARIATIONS THAT SHOULD NOT BE CONSIDERED DEFECTS

The products we sell, especially those made by hand, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and colour, may not be considered defects or damage. On the contrary, you should expect and appreciate them. We only select products of the highest quality, but certain characteristics are unavoidable and must be accepted as part of the product's individual appearance.

15. INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark and other intellectual property rights over the materials or content provided as part of the website belong, at all times, to us or the person granting us the licence to use them. You may only use this material in the manner expressly authorised by us or by the person who granted us the licence to use it. This does not prevent you from using this website to copy the information relating to your order or the details of the Contract as necessary.

16. VIRUSES, HACKING AND OTHER CYBER ATTACKS

You must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or damaging material.

You must not gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database related to our website.

You undertake not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause may result in the commission of offences defined by the applicable legislation. We will inform the competent authorities of any breach of said legislation and we will co-operate with them to discover the identity of the attacker. If you fail to comply with this clause, you will no longer be permitted to use this website.

We will not be liable for any data or losses resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging 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 content to which it redirects.

17. LINKS FROM OUR WEBSITE

If our website contains links to other third-party pages and materials, these links are provided for information purposes only and we have no control over their content. Therefore, we will not accept any liability for damage or loss resulting from their use.

18. WRITTEN COMMUNICATION

Applicable legislation requires that some of the information or notifications we send must be in writing. By using this website, you agree that most notifications will be electronic. We will contact you by e-mail or provide information by means of notices posted on this website. For contractual purposes, you agree to use this electronic means of communication and recognise that all contracts, notifications, information and other notices sent electronically satisfy the legal requirement that such notices be in writing. This condition will not affect the rights recognised by law.

19. NOTICES

Customer communications should be sent by e-mail to rarus.sales@gmail.comor via social networks (Facebook and Instagram).

20. FORCE MAJEURE

We will not be liable for any failure or delay in fulfilling any of our contractual obligations as a result of events beyond our control (Force Majeure).

The concept of Force Majeure will include any act, event, failure to act, omission or accident that is beyond our control, including but not limited to the following:

General strikes or other forms of protest that significantly affect the country.

Public disorder, riots, invasion, terrorist attacks or terrorist threats, war (whether declared or  not) or threat of or preparation for war.

Fires, explosions, storms, floods, earthquakes, landslides, epidemics or any

 other natural disaster.

Inability to use trains, boats, aeroplanes, motorised transport or other means of

 public or private transport.

Inability to use public or private telecommunications systems.

Our contractual obligations will be deemed suspended during the period in which the Force Majeure occurs and we will be granted an extension of the deadline for fulfilling such obligations, for a period of time equal to the duration of the Force Majeure event. We will use all reasonable means to bring the Force Majeure event to an end or to find a solution that enables us to fulfil our contractual obligations despite the Force Majeure event.

21. WAIVER RIGHTS

If we fail to demand strict compliance by you with any of your obligations under a Contract or these Terms and Conditions, or if we fail to exercise any rights or actions due under such Contract or Terms and Conditions, such rights or actions will not be deemed waived or limited in any way, nor shall they exempt you from meeting your obligations.

In no event will any waiver by us of a specific right or remedy imply a waiver of our rights or remedies under the Contract or the Terms and Conditions.

In no event will any waiver by us of any of these Terms and Conditions or of the rights or remedies deriving from the Contract be effective unless there is express stipulation that it is a waiver and it is formally communicated to you in writing.

22. PARTIAL CANCELLATION

If any of these Terms and Conditions or any provision of a Contract is declared null and void by final decision of a competent authority, the remaining Terms and Conditions will continue in force without being affected in any way.

23. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the purchase contracts concluded through it are governed by Portuguese law.

This provision does not affect the other rights attributed to the consumer by the legislation in force.

24. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send us your comments and suggestions via our social networks.

25. ALTERNATIVE DISPUTE RESOLUTION

If the transaction has been concluded through our website, we inform you - in accordance with EU Regulation 524/2013 - that you have the right to try to resolve any dispute out of court by accessing the online dispute resolution platform at http://eceuropa eu/consumers/odr/.

You can consult the up-to-date list of Alternative Dispute Resolution bodies available under Article 17 of Law 144/2015 of 8 September on the Consumer Portal at www.consumidor.pt.

ANNEX

(Complete and return this form only if you wish to terminate the Contract)

MODEL WITHDRAWAL FORM

To RARUS (e-mail rarus.sales@gmail.com)

I hereby cancel my contract of sale for the following items: Ordered on / received on (*)

Consumer's name Consumer's address Order number