GENERAL TERMS AND CONDITIONS OF SALE OF THE ONLINE STORE WWW.BALLETSHOP.PT
1. Ownership of the online store BALLETSHOP www.balletshop.pt
BALLETSHOP - Dance Articles, LDA. (hereinafter, "BALLETSHOP" or simply "Seller") headquartered at Av. Adelino Amaro da Costa, lot 4, store 4C, 2415-367 Leiria, Portugal, with a share capital of €5,000, NIPC no. PT 504 721 429 registered at the Commercial Registry Office of Leiria under registration no. 6692/19991116, is the rightful owner of the official website of the BALLETSHOP brand, whose domain can be found at http://www.balletshop.pt.
2. Contacts and Customer Support
For additional information, you can contact BALLETSHOP by email at loja@balletshop.pt. Alternatively, you can do so by phone, from Monday to Friday, from 10:00 am to 1:00 pm and from 2:30 pm to 7:00 pm, at +351 244 833 898.
3. Object and scope of application
3.1. These General Terms and Conditions of Sale exclusively regulate the purchase and sale made in the BALLETSHOP online store, between the "Final Consumer" as the buyer and "BALLETSHOP" as the seller, and apply to all visitors to the website www.balletshop.pt, as well as to any commercial transactions carried out through this virtual online store.
3.2. Browsing the site, as well as purchasing any product on www.balletshop.pt, implies acceptance of these general terms and conditions of use and contracting.
3.3. BALLETSHOP - Dance Articles, LDA. sells all products from the BALLETSHOP collection and will be the entity responsible for selling on the website www.balletshop.pt the articles of said brand, with all "e-commerce" services being available solely to final consumers.
3.4. A "Final Consumer" or "User" or even "Buyer" is considered to be any person who acts/purchases with a purely personal intent, outside of their business or profession, and therefore, without any intention of reselling the items they acquire in the BALLETSHOP online store.
3.5. "BALLETSHOP - Dance Articles, LDA." reserves the right to change these terms of use and contracting without prior notice, as well as to modify at any time the information and commercial offer presented on products, prices, promotions, commercial conditions, and services, with any changes always being published on the website www.balletshop.pt.
3.6. BALLETSHOP reserves the right not to process any orders received from users who are not "Final Consumers" or those who do not agree with the general sales conditions of the "Seller" (BALLETSHOP).
3.7. The "Final Consumer" must provide BALLETSHOP, as the seller, with an email or postal address, or data relating to another form of contact, which are correct and complete, and agrees that BALLETSHOP may contact him/her using this data, if deemed appropriate.
4. Information about BALLETSHOP online store contents
4.1. The website www.balletshop.pt is intended for private use only, so the reproduction, transfer, distribution, or storage of BALLETSHOP online store content without prior written authorization is prohibited for any purpose other than strictly personal use.
4.2. The introduction of links from our website for commercial purposes or without prior authorization from BALLETSHOP, as well as the use of the domain www.balletshop.pt for abusive purposes without prior authorization, will be subject to recourse to the competent legal means by BALLETSHOP.
4.3. In the event of finding, on other sites, links that allow access to www.balletshop.pt or references to the BALLETSHOP online store, we inform that "BALLETSHOP - Dance Articles, LDA." has no responsibility for the links or pages, nor for the content contained therein.
4.4. We are strongly committed to ensuring that the information presented on www.balletshop.pt is free from typographical errors and whenever they occur, we will proceed as soon as possible to their correction.
4.5. All contractual information is written in Portuguese, as well as information about articles, email communications, and formalization of the sale, except for expressions very specific to the dance universe.
5. Commercial Policy
5.1. In case the information presented does not correspond to the characteristics of the product, the Customer has the right to terminate the purchase and sale contract under the applicable legal terms.
5.2. The photographs presented on the website are merely illustrative, so we recommend that you carefully consult the product detail for better information about the respective characteristics of the items you wish to purchase.
5.3. Prices and specifications of products are subject to change without notice. Despite BALLETSHOP's extreme attention to keeping all information updated, some products may have an incorrect price, so we will check prices whenever we process orders. If the product price is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the "Final Consumer" by email and await their decision to accept the new proposal or cancel the order.
5.4. All promotional campaigns have limited stock.
5.5. The validation of the purchase order or order implies that the "Buyer" is aware of and accepts the General Terms and Conditions of Sale of the website www.balletshop.pt.
5.6. All data recorded by BALLETSHOP constitutes evidence of the set of transactions carried out between the "Seller" and the "Final Consumer," with BALLETSHOP being responsible for archiving the electronic document formalizing the contract, undertaking to keep it accessible.
6. Customer and User Obligations
6.1. Any visitor to the website www.balletshop.pt undertakes to comply with and respect these general conditions, namely by observing the following obligations:
- It is prohibited to introduce, store, or disseminate through the BALLETSHOP site defamatory, obscene, injurious, xenophobic, and/or any other content that violates general principles of law and public order;
- Keep, and do not disclose, your login password to prevent third parties from accessing your account and personal data;
- Do not use false identities;
- Provide your personal data and correct addresses so that "BALLETSHOP - Dance Articles, LDA." (BALLETSHOP) can properly process orders;
6.2. The "Final Consumer" is solely responsible for the accuracy of the personal data communicated to BALLETSHOP and undertakes to promptly insert and inform of any changes through their Registration Account at www.balletshop.pt.
6.3. BALLETSHOP disclaims any responsibility for any delay or impossibility of processing the order resulting from error or insufficiency of the data communicated by the "Final Consumer," particularly at the time of delivery.
7. Placement of online order
7.1. To place an order on www.balletshop.pt, it is necessary for the "User" to have a valid and frequently used email account and to register as a BALLETSHOP Customer by filling out the form available online. Once registered, simply add to the virtual shopping cart all the products that the "Final Consumer" wishes to purchase, following all the steps of the purchase so that it is successfully completed.
7.2. Placing an order on www.balletshop.pt is very easy:
- Browse through the pages of the BALLETSHOP online store and find the products you want to purchase;
- Add the preferred products to the Shopping Cart using the "Add" button;
- When you feel you have chosen all the items you want to purchase, proceed to checkout by clicking "Order" in the shopping cart;
- Then, fill out your personal information in a very simple form (pay close attention to filling out the address);
- Next, select the payment method;
- Review your order;
- Proceed to payment by confirming the order;
- Finally, you will receive an order confirmation via email;
7.3. As soon as you finish your purchase, you will receive an automatic email confirming the transaction. We suggest that you print it out or download this copy for future reference. If the data is incorrect, you can request its immediate correction, or even, the cancellation of the purchase made.
7.4. In case of non-confirmation of payment or non-compliance with these General Terms and Conditions of Sale, BALLETSHOP reserves the right not to accept your order, or to cancel it in whole or in part, even after its automatic confirmation.
8. Product availability and order confirmation/cancellation
8.1. BALLETSHOP only processes an order placed by a customer after confirmation of the respective payment, so BALLETSHOP cannot guarantee the availability of items until the beginning of said processing.
8.2. In the order confirmation, you will find the estimated date for dispatch of the products, after payment confirmation: 2 to 4 days or 1 to 3 weeks. Naturally, the estimated dispatch time may vary depending on the carrier's delivery time.
8.3. BALLETSHOP only ships orders on business days. Therefore, weekends and holidays are not counted in estimating delivery times for orders. Any delay in dispatching items, compared to the estimated dates presented, does not entitle you to compensation.
8.4. Fulfillment of all orders placed on the site is subject to product availability. BALLETSHOP tries to ensure that all items offered for sale on the website are in stock. However, BALLETSHOP reserves the right not to accept any orders or to cancel confirmed orders for products that are no longer in stock. In case of product unavailability and/or out of stock, BALLETSHOP will immediately inform the "Final Consumer" of the partial or total cancellation of their order, and the buyer is entitled to a refund of the amount paid.
9. Order confirmation or cancellation
9.1. BALLETSHOP may not validate an order that does not have sufficient guarantee of good collection, when the order is incomplete or incorrect, or when the ordered products are no longer available. In any of the cases mentioned, BALLETSHOP will inform the "Final Consumer" via email that the sales contract was not concluded and that BALLETSHOP did not proceed with the sale, specifying the reasons for this.
9.2. If the products ordered on www.balletshop.pt are no longer available at the time of your last access to the site, despite having received confirmation of the order, or when BALLETSHOP receives your order, the "Seller" will immediately inform the "User" about their unavailability, never exceeding a period of 30 days after receiving the order.
9.3. If an order and respective payment have been made for products that have become unavailable, BALLETSHOP will refund the money paid for the unavailable items.
9.4. BALLETSHOP reserves the right to refuse any order, regardless of the reason, and is exempt from responsibilities for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by BALLETSHOP, namely in the following situations:
- The information on the invoice is not correct or verifiable;
- The order is flagged by the website's Security Systems as an incorrect order, irregular, or an order susceptible to fraud;
- When payment transfer for the order is not received within 5 business days following acceptance of your order;
- When it is not possible to deliver the order to the address provided by the "User";
- If it is believed that the "Buyer" did not have the capacity to perform that act;
- If it is found that there was an error in the presentation of the price of the product(s);
- If it is presumed that the order comes from a reseller.
10. Payment Conditions and Security Guarantees
10.1. The available payment methods will be presented at www.balletshop.pt. We do not accept any other payment method other than those mentioned.
10.2. You can pay for your products using your usual credit and debit cards, through the REDUNICRE payment system, or by using your personal PAYPAL account, or MeoWallet, you can also pay for your order through MULTIBANCO, as well as by bank transfer, and the BALLETSHOP website will provide you with the necessary instructions for this payment method (entity/reference/Total Amount; NIB, IBAN, and SWIFT).
10.3. In payments using credit or debit cards, all details (such as the card number, expiration date, or security code) will be sent via encrypted protocol to the company providing remote electronic payment services, REDUNICRE, without third parties having access to the transmitted information. This information will not be used by BALLETSHOP, except to perform the necessary operations for purchase or refund (reimbursement), in the case of returns in compliance with the exercise of the right of return, or for communication to the police in cases of fraud.
10.4. If the "Final Consumer" opts for payment by MULTIBANCO and by bank transfer, we will only start processing the order after we have received the payment. Therefore, in this payment method, we advise you to go to the ATM as soon as possible so that you receive your order as soon as possible. Once 5 calendar days have elapsed after placing the order, and if we have not received any payment, the order will be canceled.
10.5. The purchase price of the products and shipping costs, as indicated in the order form, will be charged to the current account when the purchased products are actually shipped.
10.6. We urge you not to attempt to make payment by any means not specified on www.balletshop.pt. If you attempt to do so, BALLETSHOP cannot be held responsible for the loss of payment, or any other damages that may arise.
11. Security of the BALLETSHOP online store and all transactions
11.1. The BALLETSHOP online store uses the latest and most robust security technologies available for encryption platforms. All payment information you provide will be encrypted, from the initial moment of your transaction until the order is processed, and will not be stored on any public server.
11.2. Although we use highly advanced encryption software, any payment transmitted over the Internet, or via email, carries some risks, especially when the "User" does not take the necessary precautions and does not assume the proper responsibilities and conduct.
11.3. BALLETSHOP cannot be held responsible for any damage suffered as a result of the use of electronic means of communication, namely damages resulting from failures or delays in the delivery of electronic communications, interceptions or manipulations of electronic communications by third parties or by computer programs used for communications or transmission of viruses.
12. Reserve of Ownership of the marketed products
BALLETSHOP retains ownership of the products from the company until it has received full payment for all those products.
13. Prices
13.1. The prices of the products displayed on the website www.balletshop.pt include Value Added Tax (VAT).
13.2. The total price specified in the final "checkout" menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future use. Please only transfer the exact amount specified in the order confirmation and make individual transfers per order. Shipping fees are calculated per order, and the exact price of the shipping fee will depend on the country where your order will be delivered.
13.3. Prices are all specified in Euros, and any change in the delivery country of the order may have an influence on prices due to shipping costs.
14. Quality and Warranty
14.1. BALLETSHOP will only sell on www.balletshop.pt articles of the highest quality and will never sell second-hand products, defective, or of inferior quality to the standards existing in the market.
14.2. The products offered for sale on www.balletshop.pt may not exactly correspond to the real product in terms of the displayed image and colors, especially due to the internet browser and monitor used.
15. Shipping of Products and Deliveries
15.1. Products ordered on the BALLETSHOP online store will be shipped and delivered on business days, from Monday to Friday.
15.2. We can only guarantee the successful delivery of an order if the shipping address provided by the "User" is accurately indicated.
15.3. A delivery is considered made or a product is considered delivered with the signature of the delivery receipt at the agreed address.
16. Shipping Costs and Delivery Times
16.1. The shipping costs associated with your order will be invoiced per order, meaning if you order more than one item, you will only pay the shipping costs once. However, BALLETSHOP reserves the right to split the delivery of the order, for example, if part of the order is delayed or unavailable. In the event of splitting the order, the customer will be notified by email of our intention. The email address provided by the customer at the time of purchase will be used for this purpose.
16.2. For deliveries in mainland Portugal, Madeira, and the Azores, the maximum shipping cost is up to €10 per order, but it will be offered to the buyer by BALLETSHOP for purchases over €100.
16.3. In all European Union countries (except Portugal) and beyond, the shipping costs will be confirmed according to the order.
16.4. At the time of delivery, the buyer should inspect the packaging and the products sent to check for any damage. If it is found that the products are damaged, the customer should not accept the delivery of the order, which should be returned immediately through the "Return" mechanism provided at www.balletshop.pt. BALLETSHOP will refund the amounts paid for the order and transportation as soon as it receives and completes the return process at its headquarters.
For returns, please contact the following telephone number 244 833 898 or email loja@balletshop.pt or through the Contact Us form.
16.5. The order will be considered accepted if the buyer does not return the order within 15 days after receiving it.
17. Order Delivery Times
17.1. After your order is placed, payment is confirmed, and all items in your order are available, BALLETSHOP commits to shipping within the following delivery times:
- Within mainland Portugal, within a maximum of 5 working days.
- In Madeira and the Azores, between 5 and 10 working days.
17.2. BALLETSHOP will not be responsible for failure to comply or delays in compliance with any shipping obligation due to an event of force majeure, meaning an event, act, or omission beyond its reasonable control.
18. Exchanges and Returns of Products
18.1. All products are individually identified with a label. If you wish to return the purchased product, do not remove the label from the purchased product.
18.2. If you decide to return the purchased products, BALLETSHOP reserves the right not to accept the return of products if the returned items do not have the corresponding label or security seal, or if the labels have been altered from their original state or damaged.
18.3. Upon receipt of the order, the buyer has a period of 15 days to return or exchange the item(s) – except for tights – if it is found that they have defects or other non-conformities regarding the ordered products or simply due to withdrawal, without the need to expressly state the justifying reason.
18.4. The costs of return or exchange will be borne by the customer (except for quality reasons).
18.5. After receiving all ordered products, or only part of them, at our facilities, we will process them within an average period of one week. In the case of a confirmed return, the amount will be refunded using the same payment method. Refunds are only made to the account/card that made the purchase. If it is a simple exchange of item, color, or size, then, once the availability of that product is verified, it will be sent to the address you provided in the exchange process.
19. Order Cancellation
Contact Customer Support at Contact Us and provide the reference generated when you placed your order and wish to cancel it.
20. Validity of Promotions or Commercial Campaigns
20.1. Promotional offers or commercial campaigns advertised on the website www.balletshop.pt are valid only for the time they are displayed on the website and according to the established conditions, unless otherwise communicated on the website.
20.2. In the case of return or exchange of items purchased as part of commercial campaigns or promotions, only the amount actually spent on the purchase of the item you want to return or exchange will be credited or delivered.
21. Liability
21.1. BALLETSHOP shall only be liable for damages suffered by the Buyer in the event that such damages result from breaches attributable to BALLETSHOP's contractual obligations towards the Final Consumer, or if liability arises from applicable legal rights.
21.2. If the Buyer has suffered damages related to the website's activity, BALLETSHOP's liability shall be limited to: damages to BALLETSHOP products, reasonable and proven costs incurred by the Buyer due to BALLETSHOP's violation of these General Sales Conditions.
21.3. BALLETSHOP shall not be liable for damages suffered by third parties resulting from the use of any of our products. BALLETSHOP shall not be liable for damages suffered by the Buyer as a result of misuse of our products.
21.4. BALLETSHOP is not responsible for damages resulting from incorrect information on the website.
21.5. All products sold by BALLETSHOP comply with Portuguese and EU legislation.
21.6. BALLETSHOP disclaims any responsibility in the event of a violation of the legislation of the country where the order is delivered. It is the Customer's responsibility to verify with local authorities the importation or use conditions of the products they intend to order.
22. Intellectual and Industrial Property
22.1. All texts, comments, works, illustrations, works, and images reproduced or represented on the website www.balletshop.pt are strictly reserved under copyright and intellectual property rights, worldwide.
22.2. Accordingly, and in accordance with the Intellectual Property Code, the use of information for private purposes is only authorized, subject to contrary provisions including more restrictive provisions contained in said code.
22.3. Any total or partial reproduction or representation of the website www.balletshop.pt, in whole or in part, of the elements included therein is strictly prohibited.
22.4. The corporate names, trademarks, and distinctive signs reproduced on the website www.balletshop.pt are protected under the applicable legal provisions on industrial property. The reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorization from the BALLETSHOP company.
22.5. If the User wishes to use information or materials from the site, they need to obtain prior written authorization granted by BALLETSHOP.
23. Applicable Law
23.1. These General Sales Conditions and all disputes arising from them, including their validity, the use of the website www.balletshop.pt, or any purchase on it, shall be governed by Portuguese Law.
23.2. In the event of a dispute regarding the interpretation or execution of these General Sales Conditions, BALLETSHOP and the Buyer undertake to seek an amicable solution, which is fair and appropriate, within a maximum period of 60 (sixty) days from the receipt of the communication addressed for this purpose by any of the parties involved.
23.3 In the absence of an amicable solution, under the terms of the preceding paragraph, and in case of non-compliance with these General Sales Conditions, both PARTIES establish the competent court as the Leiria Court, with express waiver of any other.
24. Dispute Resolution
24.1 BALLETSHOP has entered into a Consumer Arbitration Agreement in the full adherence mode.
In the event of a dispute, the consumer may resort to a Consumer Dispute Resolution Entity:
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
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave
Rua Capitão Alfredo Guimarães, n.º 1
4800-019 Guimarães
www.triave.pt
In the event of consumer dispute on the online platform, the consumer may resort to an online dispute resolution system (ODR), the ODR Platform ("online dispute resolution"), competent for the resolution of disputes relating to contractual obligations resulting from online sales or service contracts.
Access the Electronic Platform for Alternative Dispute Resolution in online sales or service contracts through this link.
For more information, consult the Consumer Portal (www.consumidor.pt)
These general sales conditions were updated on 05/05/2021