terms and conditions of sale
 
Any order made by phone, e-mail or WhatsApp is subject to the acceptance of these general conditions of sale (hereinafter "TCS") which exclusively govern all contractual relations between: 
 
TITLE I. – PARTIES 
 
Between the undersigned: 
BA&SH Portugal, Unipessoal Lda with a capital of €1 000,00, whose registered office is located Beloura Office Park, Edifício 7 - 1º, 2710-693 Sintra, São Pedro Penaferrim, SINTRA, PORTUGAL and whose NIF number is 515022900 (hereinafter the “BA&SH”),
AND
Any individual, over the age of majority or holder of parental authorisation and with full and complete legal capacity to enter into a binding agreement, wishing to purchase by phone, email or WhatsApp, the Products offered for sale by BA&SH and acting for purposes that are not within the scope of its commercial, industrial, craft, liberal or agricultural activity (hereinafter the "Client").
It has been agreed as follows:
 
Title II. – WHEREAS
 
The TCS define the rights and obligations of the Parties in the context of the sale of Products by phone, e-mail or WhatsApp.
The TCS regulate exclusively all the order and all the sales contracts executed by phone, email and WhatsApp between BA&SH and the Client (hereinafter the “Order”), to the exclusion of all other conditions, and they shall prevail upon any other version or document. 
Consequently, the act of ordering implies the complete and whole acceptance of the TCS by the Client. 
The fact that BA&SH does not invoke, at any given time, one of the provisions of the TCS shall not be interpreted as a waiver of said term for the future.
The Client declares having obtained from BA&SH, prior to placing an Order, all the information on the products and the delivery terms. The Client declares that he/she is solely responsible for the choice of the products and their suitability for his/her needs. 
BA&SH is free to modify, at any time and without prior notice, the present TCS, to take into account any legal, jurisprudential and/or technical evolution. BA&SH shall inform the Client by any means. 
Each order will be deemed to be placed in compliance with the terms of the TCS in force on the date of the order. 
BA&SH retains the right to refuse any order placed by the Client in the event of non-compliance with the TCS by the Client.
 
Title III. – AGREEMENTS
 
Article 1 – Definitions 
BA&SH shall designate the company BA&SH Portugal, Unipessoal Lda with a capital of €1 000,00, whose registered office is located Beloura Office Park, Edifício 7 - 1º, 2710-693 Sintra, São Pedro Penaferrim, SINTRA, PORTUGAL and whose NIF number is 515022900. 
Client shall designate any individual, over the age of majority or holder of parental authorisation and with full and complete legal capacity to enter into a binding agreement, wishing to purchase by phone, email or WhatsApp, the Products offered for sale by BA&SH and acting for purposes that are not within the scope of its commercial, industrial, craft, liberal or agricultural activity.
Order shall designate the process whereby the Client selects by phone, email or WhatsApp the Products that he wishes to purchase and pay the amount due to BA&SH.
Parties shall designate BA&SH and the Client. 
Product shall designate any Product offered for sale in BA&SH physical store in Portugal, and which the Client may order by phone, email and WhatsApp. 
Store shall designate the BA&SH physical store, located in Portugal, where the Client wishes to place an Order.  
 
Article 2 – Products
The Products sold by BA&SH comply with current Portuguese regulations. 
The Products are sold within the limits of available stocks in the Store. Despite all precautions taken, it is possible that a Product ordered may no longer be available. In such an event, BA&SH shall undertake to inform the Client as soon as possible and, where applicable, to reimburse the Client for the full amount paid using the same means of payment previously used by the Client.
 
Article 3 – Order
The Client has the possibility of placing Orders by phone, email or WhatsApp directly to the Store.  
In order to obtain the phone number and/or email address of the Store, the Client is invited to contact the Store or BA&SH by email (help@ba-sh.com) which will provide the Client with the contact details of the Store.
All Order imply the acceptance of the price of the Products available for sale and the TCS. 
BA&SH shall provide the Client, by email, the confirmation of receipt of its Order including:
•    a summary of the Products ordered and their references;
•    the price of the Products;
•    the quantity of Products;
•    the date of the Order;
•    delivery or in-Store pick-up charges;
•    the payment method chosen by the Client;
•    the indication that the Client benefits from a withdrawal period;
•    the link to the payment platform of the Order
•    the TCS. 
The Client must check the content of the email sent by BA&SH as soon as possible and immediately notify BA&SH of any errors or omissions.
Failure to do so shall be deemed to constitute acceptance of the Order and its terms and conditions by the Client.
Any Order implies an obligation to pay by the Client, what the Client has to do by accessing the payment platform of the Order, pursuant to the conditions of Article 7, the link of which is communicated by BA&SH in the confirmation of receipt of its Order. 
An invoice will be sent to the Client by email once the price of the Order is fully received by BA&SH.
 
Article 4 – Validity of the Order
The payment of the Order by the Client constitutes the acceptance of the Order carried out by phone, e-mail or WhatsApp.
It is expressly agreed that, except in the event of an obvious mistake by BA&SH, the data stored on BA&SH’s computer systems, under reasonable conditions of security, shall have probative value with respect to Orders placed by the Client. Data on computer or electronic media constitute valid proof and as such are admissible under the same conditions and with the same probative value as any document that would be drawn up, received or kept in writing.
BA&SH reserves the right to refuse any Order for which the selling price of the Products is incorrect. In such a case, BA&SH shall inform the Client as soon as possible and the Order will be cancelled.
The archiving of the Order forms and invoices is carried out on a reliable and durable support in such a way as to be equivalent to a faithful and durable copy.
 
Article 5 - Delivery 
BA&SH shall not begin the preparation of the Order until receipt of the full payment of the Order.
The Client may have the ordered Products delivered to the address of his/her choice in Portugal or may choose to directly collect them from the Store, when placing the Order. For more information on the delivery and collection of Products, the Client may ask the Store.
If the Client chose to be delivered at the address of his/her choice, the Client have to indicate his/her address and his/her postal code with precision, without any abbreviations.
If the delivery address provided by the Client is invalid and leads to a return of the Products for non-receipt at the address provided, the costs of reshipping of the Products to the newly provided address will be borne by the Client.
BA&SH commits to delivering or, when requested, in-Store provision (Monday to Friday, except for public and national holidays) without delay and no later than thirty (30) days after receipt of the full payment of the Order. The average time observed for delivery of the Products is seven (7) working days and, where applicable, three (3) working days for in-Store provision (not including the time taken to prepare the Order).
In the event of a delay in the delivery or in-Store provision of more than seven (7) working days past the time frame provided at the time of the Order’s placing or, absent a provided time frame, no later than thirty (30) days after receipt by BA&SH of the full payment of the Order, the Client may enjoin BA&SH, by registered letter with acknowledgement of receipt, or in writing on another durable support, to deliver or provide the Products in-Store within a reasonably extended deadline.
If BA&SH does not comply, the Client may then cancel the Order by registered letter with acknowledgement of receipt. Reimbursement will be made within a maximum period of fourteen (14) days.
All delivery and in-Store provision times, including those mentioned on the Order receipt confirmation, are determined as accurately as possible by BA&SH.
BA&SH shall not be held liable for unforeseeable delays in delivery or in-Store provision of the Products, provided that, except in cases of force majeure, the Products are delivered or provided in-Store within a maximum period of seven (7) days following the date of the initial delivery or in-Store provision date provided by BA&SH.
In the event that BA&SH is unable to deliver or ensure the provision of the Products in-Store due to a sudden, even temporary, unavailability of the Products, BA&SH shall inform the Client immediately and, at the latest, within fourteen (14) days of the initial delivery date or date of availability in Store provided by BA&SH at the time of the order.
BA&SH may offer the Client an equivalent Product, which the Client shall be free to accept or reject. 
If this equivalent Product is not suitable after the Client has accepted and received it, the Client shall bear the return costs. However, the Client may directly return the Products free of charge to the Store. 
The amounts already paid by the Client will be refunded without delay and at the latest within fourteen (14) days following the return of the Products. 
To track an ongoing Order, the Client may consult the online tracking information. The Client may also contact BA&SH’s client service department at the following email address: help@ba-sh.com.
After the Products have been shipped, BA&SH will provide the Client with a shipping notice e-mail with the tracking number of the Order.
The delivery or availability of the Products shall be made in the presence of the Client, or a person expressly appointed by the Client, at the recipient's address in Portugal provided in the Order.
In order to collect the Products ordered to be collected in-Store, the Client, or the person expressly appointed by the Client, must be able to provide proof of identity and proof of Order. 
At the time of delivery or provision in-Store of the Products, the Client, or the person expressly appointed by the Client, is required to check:
(i)    that the number of delivered packages matches the description in the shipment document and the invoice; and
(ii)    that the packaging is intact, undamaged, not wet or altered in any way, including the materials used to close the package. 
The Client, or the person expressly appointed by the Client, must immediately contest any damage to the packaging and/or the Products, as well as any error in the number of packages and/or the non-conformity of the description, by affixing a “subject to inspection” notice on the delivery slip or withdrawal receipt of the Products. Once accepted, the Client may not make any claim regarding the external appearance or quantity of the Products in the Order.
The risk of loss of or damage to the Products shall pass to the Client upon physical possession of the Products by the Client, or third party designated by the Client, other than the carrier proposed by BA&SH. 
 
Article 6 – Prices 
The price of the Products is indicated in Euros (€) all taxes included, notably on the confirmation of Order. 
Prices do not however include shipping costs.
The VAT paid, which is included in the price, will be the applicable VAT rate in force on the day the Order is completed. 
Any change in the applicable VAT rate shall be reflected in the price of the Products.
BA&SH reserves the right to modify the prices at any time. The Products will be invoiced on the basis of the prices applicable at the time the Order is paid by the Client. 
In the event that an abnormally low price is indicated due to a technical or human error, BA&SH retains the right to ask the Client to add to the price already paid or to cancel the Order by reimbursing the full amount already paid. If the BA&SH is unable to contact the Client, the order will be considered as cancelled.
 
Article 7 – Payment
Orders are paid online on the day of the Order by credit card (Visa, Mastercard, American Express). 
BA&SH uses Adyen which ensures the secure transmission of credit card numbers using SSL protocol. 
BA&SH cannot be held responsible in place of Adyen. Using Adyen implies acceptance of the general conditions of use of the company Adyen (here) by the Client.
 
The online supply of the credit card number or other banking information and the validation of the Order and its payment shall constitute proof that said Order is complete, and the sums committed in the Order shall become due and payable.
However, in the event of fraudulent use of the Client's credit card or banking information, the Client is invited, as soon as such use has been established, to contact BA&SH 's client service department by e-mail at the following address: help@ba-sh.com.
The Order is confirmed when the Client pays the Products on the link received by email, to the address indicated by the Client, in order to make the payment online on a secure platform.
 
Article 8 - Transfer of ownership
BA&SH retains ownership of the Products sold until full and effective payment of the price by the Client. 
Until full payment of the price, the Client shall refrain from pledging the Products subject to retention of title or using them as a guarantee and shall be required to individualise the Product from BA&SH. 
These conditions do not prevent the transfer to the Client, upon transmission of the Products to the Client, of the risks of loss and deterioration of the Products subject to retention of title, as well as the responsibility for any damage or prejudice that they may cause. 
 
Article 9 - Right of withdrawal 
Clients are informed that, pursuant to article 10 of the Decreto-Lei No. 24/2014, they have the right to withdraw without giving any reason within a period of fourteen (14) days after the Client or a third party other than the transporter and designated by the Client, physically take possession of the Products.
In the case of an Order relating to several Products delivered separately or to a Product delivered in several lots or pieces, this period expires on the day on which he/she take possession of the last Product / lot / piece. The day on which the Order is concluded or the day on which the Product is received shall not be counted within this period. If this period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day.
Pursuant to article 17 of the Decreto-Lei No. 24/2014, the right of withdrawal cannot be exercised notably for agreements for the supply of Products (i) which have been unsealed by the Client after delivery and which cannot be returned for reasons of hygiene or health protection, as well as for (ii) personalized Products.

In the event the Client wishes to return the Products, the Client is invited, before the expiry of the aforementioned period, to notify the Seller either (i) in writing in an unambiguous statement and sent through any chosen medium or (ii) by returning the withdrawal form provided at the end of the TCS, both to BA&SH
After exercising his/her right of withdrawal, the Client must return the Products to the Store without undue delay and no later than fourteen (14) days after having communicated to BA&SH its decision to withdraw. This time limit is deemed to have been respected if the Product is returned before the expiry of this period. The costs and risks associated with the return are the sole responsibility of the Clients.
The costs and risks associated with the return of the Products are the sole responsibility of the Client.
The Products must be returned in their original condition (packaging, conservation of the label, copy of the invoice, the Products having undergone no alteration), otherwise it will not be taken back nor exchanged. BA&SH and the Store reserve the right to refuse any return of Products that does not comply with the above-mentioned conditions.
In the event of valid withdrawal, BA&SH will reimburse all payments received, including delivery costs without undue delay and no later than fourteen (14) days from the day on which BA&SH has been informed of the decision to withdraw (reimbursement may be deferred until the Store has received the Products or until the Client has provided BA&SH with proof of dispatch of the Products, whichever occurs first). The same means of payment as that used for the Order will be used. 
The Clients who exercise their right of withdrawal may be held liable for the depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.
 
Article 10 – Legal guarantee of conformity
The Products are subject to the legal warranty of conformity provided by Article 4 (1) of the Decreto-Lei No.  67/2003: 
"In case of non-conformity of the good with the contract, the consumer is entitled to have it replaced free of charge, by means of repair or replacement, the appropriate reduction in price or termination of the contract".
Pursuant to Article 5 of the Decreto-Lei No.  67/2003, action resulting from the lack of conformity must be carried out by the Client promptly after discovery, and no longer than two (2) months after the said discovery.
The action resulting from the lack of conformity shall be subject to a statute of limitations of two (2) years from the delivery of the Product.
The Client may choose between repair or replacement of the Product in the conditions of the aforementioned Article 4 (1) of the Decreto-Lei No.  67/2003.
When repair or replacement of the Products are impossible, the Buyer may request a refund of the Product or a reduction of its price in proportion to the degree of non-conformity of the said Product.  
The Products must be returned in their original packaging if possible. Depending on the evidence provided by the Client to BA&SH's client service department within the framework of the exercise of these legal guarantee of conformity, BA&SH is likely to issue a prepaid voucher which will enable the Client to return the Product without having to bear the costs.
 
Article 11 – Personal Data
The following categories of personal data relating to the Client may be processed by BA&SH as part of the execution and management of the Order as well as for invoicing purposes:
•    Information relating to the Client (surname, first name, phone number, postal address, e-mail address)
•    Information relating to the Order (Product reference, Store, date, place of delivery…)
•    Payment information (means of payment)
The personal data relating to the Client shall exclusively be processed within the European Union by BA&SH and its data processors and will be deleted within ten (10) years from the end of the relevant fiscal year.
Within the limits established by law, the Client has the right to request from BA&SH the access to the personal data relating to the Client, the rectification or deletion of such data, or a limitation of the processing, or the right to object to their processing and the right to their portability by sending an e-mail to the e-mail address dataprotection@ba-sh.com, justifying his/her identity by any sufficient means.
The Client may at any time lodge a complaint with the competent supervisory authority if he/she considers that the personal data concerning him/her is not processed in accordance with the law and regulations in force.
 
Article 12 – Liability
BA&SH shall put his best efforts to meet his obligations, but in no way guarantees any results.
In any case, BA&SH may not be held liable where the non-performance of its obligations would be attributable either to (i) the unforeseeable and insurmountable act of a third party to the agreement or to (ii) a case of force majeure as defined in Article 14 of these TCS. 
Likewise, BA&SH may not be held liable for any inconvenience or damage inherent to the use of the Internet, including an interruption in service, external intrusion or the presence of computer viruses.
 
Article 13 – Force majeure
The responsibility of either Party may not be engaged where the performance of the contract is delayed or prevented due to a case of force majeure or a fortuitous event, whether due to the act of a party or third-party, or due to external causes such as social conflicts, intervention of civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunication network or of the electrical network.
 
Article 14 – Intellectual property
BA&SH is the exclusive owner of the intellectual property rights related to the Products offered on the Website or in Stores – rights which are regularly registered by the Bouchara law firm specialized in intellectual property law: www.cabinetbouchara.com. This includes all trademarks, service marks, shape marks, design patents and copyrights associated with the Products, on the Site and all its elements, including on the visual and graphic identity, on its design, its ergonomics, its functionalities, the software, texts, animated or fixed images, sounds, know-how, drawings, graphics and on the names, acronyms, logos, or other signs which could be used, made or used by the Seller.
It is forbidden to use the trademarks, images, designs and models or any other element on which BA&SH would hold intellectual property rights.
 
Article 15 –Miscellaneous
17.1 Completeness of the TCS
The parties acknowledge that the TCS constitutes the entire agreement between them and supersedes any prior offer, provision or agreement, whether written or oral.
The headings of the Articles in these TCS have been inserted for the convenience of the Client and are in no way intended to restrict or modify any of the terms or provisions hereof.
17.2 Modification of the TCS
No subsequent document, no modification of the TCS in any form shall be effective between the parties unless it is in the form of an amendment duly dated and signed by both Parties.
17.3 Invalidity
If any of the provisions of the TCS are found to be invalid under any applicable law or any final court decision, such provision shall be deemed to be void, without invalidating the Agreement or affecting the validity of the remaining provisions.
17.4 Domiciliation
The Parties elect domicile at the address indicated on the Order form for the Client and at the address appearing above in TITLE 1 of the TCS for BA&SH.
17.5 Applicable law and disputes 
The present TCS are subject to Portuguese law.
In the event of a dispute relating to an Order, the Client must first contact BA&SH, in order to find an amicable solution, by email at help@ba-sh.com. 
The Parties have the right to resort to conventional mediation or any alternative dispute resolution method in the event of a dispute. 
The referral to the conventional mediation or any alternative dispute resolution method can only take place after the Client has made prior written representations to the Seller. 
The Parties are free to refuse the solution proposed by the mediator.
In addition, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/. 
It is expressly recalled that requests for out-of-court settlement do not suspend the statute of limitations.
 
In the event of a dispute, the competent court shall be that of the defendant's place of residence or, at the defendant's choice, the place of actual delivery of the Product. 
 
WITHDRAWAL REQUEST
(Please complete and return this request if you wish to withdraw)
For the attention of
BA&SH PORTUGAL, UNIPESSOAL LDA
Beloura Office Park, Edifício 7 - 1º, 2710-693 Sintra, São Pedro Penaferrim
SINTRA, PORTUGAL
help@ba-sh.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal request the Contract for the sale of the Product(s) (*) below:
 
Order Number:
Ordered on:
Received on:
Name of the consumer(s):
Address of the consumer(s):
If your request concerns only part of your Order, please specify the Products you wish to cancel and their quantity:
Date:
Signature:
 
 (*) Delete as appropriate