Terms and Conditions

These Terms and Conditions (together with the documents referred to in them) tells you the terms and conditions on which we supply any of our products either listed on our website at https://vish-style.com, through the telephone, by email, letter or through direct sales in our space or at exhibitions or events. Please read these Terms and Conditions carefully before placing an order with us.  

 

We reserve the right to make changes to these terms and conditions of sale at any time by publishing a new version on our website. Our applicable terms and conditions of sale are those published on this web page at the time you place your order.

 

1. ORDERING 

 

1.1 We own and operate the retail website https://vish-style.com (“Website”). Any reference in these terms and conditions to “VISH», “we”, “us” or “our” is a reference to a company registered in Guimarães, Portugal, under company number 1111111 

VAT number is MM 11111111111.

 

 

1.2 These Terms and Conditions apply to all products supplied by us.  Our products include all products in our standard stock range (“Standard Products”), as well as products and/or services which are not included in our standard stock range and/or are produced to a customer’s specification (“Bespoke Products and/or Services”).  Our Standard Products and our Bespoke Products and/or Services are together referred to as ‘Products’ in these Terms and Conditions where the context is required to online web users (“Customer”, “you” or “your”). For the purposes of these terms and conditions, the Customer and VISH will be collectively referred to as “Parties”.

You may place orders for Products by post, telephone, e-mail, via the Website or through personal sales representatives/agents of VISH, direct purchases at VISH office or at exhibitions, events or personal meetings. Any order placed for Products are subject to these Terms and Conditions.

 

2. SERVICE AVAILABILITY

 

2.1 Products are sold to private individuals for the Customer’s personal and not professional use. VISH reserve the right to cancel any order which in its opinion is excessive or not for personal use.

 

3. PRODUCT AVAILABILITY

 

3.1 Only the Products currently displayed on the Website are offered for sale (subject to stock availability).

3.2 Photographs of Products on the Website are for indicative purposes only and shall not be relied on by the Customer in any way. The Customer is required to read the description of each Product to be aware of specific details relating to the Product.

 

4. BASIS OF PURCHASE

4.1 By placing an order through our Website, or via the other methods set out at Clause 1 above, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

 

4.2 Once the Products are ordered, you will:

1. i) if ordered via the Website, receive an automatic acknowledgement of the order;
2. ii) for Bespoke Products and/or Services, a specification will be agreed and confirmed between VISH and you and the VISH representative; or

iii) for all other orders, an acknowledgment of your order is only provided upon request by you, otherwise the order is fulfilled in accordance with these Terms and Conditions.

All orders are subject to these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).  Your order constitutes an offer to us to buy a Product. Orders are subject to acceptance by us.

4.3 Delivery dates for Products are estimated and we will use all reasonable endeavors to deliver the Products to you by the estimated delivery date provided to you by us in accordance with the following:

1. i) for Bespoke Products and/or Services, we will deliver at the agreed date in our confirmation of your order, once a specification has been agreed; or
2. ii) for Standard Products, we will dispatch within seven (7) working days, but there is no guarantee of this time.

If we delay beyond our anticipated dispatch time (eg, we are out of stock), we will endeavor to contact you as soon as possible to advise you of an expected delivery date, or agree alternative options with you.

4.4 No terms or conditions endorsed upon, delivered with or contained in your purchase order, confirmation of order, specification or other document shall apply.

4.5 No variation to the order or these Terms and Conditions shall be binding unless agreed in writing and subject to clause 5.

4.6 If you wish to place an order, you may select Product and add them to your basket by clicking on the «Buy Now» button.

4.7 You may do the following at any time:

(a) check the number of Products in your basket, get detailed information on each Product, add optional measurements and redeem promotional coupon code, if any, during checkout.

(b) complete your order by clicking on the «Proceed to Checkout» button.

4.8 All Customers with an account will be required to login to their Customer Account by confirming their email address and password. Any order placed using your email address and password will be deemed to have been made by you and you will be responsible for any such order made. We therefore recommend keeping such email address and password private and confidential at all times.

4.9 You are required to provide to us the information that we request about you as this information is necessary to enable us to identify you and to process and deliver your order. The information you provide to us will remain confidential and will be kept and used by us in accordance with our privacy policy.

4.10 Once you have double-checked your order summary, you must click on the “Confirm and Pay” button to confirm your order. Before you confirm your order, you must tick the box confirming that you have read and accepted these terms and conditions of sale.

4.11 By confirming your order you agree to be bound by these terms and conditions of sale and the information set out in the order summary. Your order constitutes an offer to buy your selected Products from vish-style and will be subject to acceptance by VISH in accordance with condition 8 below.

4.12 VISH reserves the right to refuse an order if:

(a) it considers the order to be excessive or not for personal use as described in condition 2 above;

(b) there is any ongoing dispute with the Customer;

(c) there has been total or partial non-payment of a previous order placed by the Customer;

(d) the bank has declined the bank card payment submitted by the Customer; or

(e) in VISH opinion there is any other legitimate reason (including but not limited to the non-availability of the Product(s), the order being abnormal or unusual or any lack of good faith on the part of the Customer).

 

5. ORDERS AND SPECIFICATIONS

5.1 Orders are only deemed to be accepted by VISH when formal acceptance has been issued, such formal acceptance being either in the form of a written Order Confirmation signed by a member of staff or in the form of Products being despatched. The contract between us will only be formed when we accept your order and will only relate to those Products whose order we have accepted.

5.2 If you wish to have Bespoke Products and/or Services provided to you, then you accept that VISH has no liability for errors or defaults in Bespoke Products and/or Services which are caused by erroneous specifications supplied to VISH by you or your authorized representative. More specifically, if the Bespoke Product and/or Service that you have ordered is a dress that is being designed/created on your behalf, then if you complete the Measurement Chart available on the Website for us to work from, then VISH shall not be liable in respect of any problems arising as a result of incorrect measurements being provided by you.

5.3 Any specifications, measurements or designs supplied by you or any designs specifically produced by VISH in connection with the purchase of Products together with copyright, design right or any other intellectual property rights shall at all times vest in and remain the exclusive property of VISH. You agree to indemnify us in respect of any losses, damages, costs or expenses that VISH may suffer as a result of any infringement of third party intellectual property rights or other proprietary rights, resulting from the specifications, measurements or designs supplied by you.

5.4 VISH shall not be liable in respect of any alleged defect in the Products as a result of any specification made by you against the advice of VISH.

 

5.5 PERSONALISED PRODUCTS

In order to submit an order for a personalized Product, you will be required to check the preview of chosen text and to ensure that it is correct. This will include colour, measurements and pattern of the garment.

5.6 Once you have clicked on the “Submit” button you have fully accepted that the customizations submitted to VISH for that product is entirely accurate and correct.

5.7 You are entirely responsible for the input given for the personalization of a Product and accordingly you shall take note that all customizations are considered as “Special Request” and are not subjected to return. Kindly see our return and exchange policy for more information. 

5.8 VISH can in no circumstances whatsoever be held responsible for the consequences resulting from the text chosen by you to personalize the Product on your behalf.

5.9 VISH reserves the right to cancel any order that does not comply with the terms and conditions outlined above.

5.10 There can be no exchanges or refunds for personalized Products (except as required by law).

 

6. PRICES AND PAYMENT

6.1 The price of the Products will be as quoted on our Website from time to time, in our printed materials (eg, catalogue) and on various signs or labels on the Products themselves or at our space or at exhibitions or events, except in cases of obvious error. Alternatively, if there are additional costs in relation to the design and creation element of VISH services (including but not limited to the Bespoke Products and/or Services), then such costs will be confirmed to you prior to an order for the Products being placed with us, or at such time as any additional alterations are requested by you. The sum due for payment by you is the total amount shown on the order summary that you checked prior to confirming your order. The price shall be confirmed to you at the time we confirm your order and the contract between us comes into existence. VISH reserves the right to make any changes to the prices as necessary without notice, however such changes will be made and notified to you prior to the contract between us coming into existence. In particular, VISH reserves the rights to charge the correct price for Products if an incorrect price has erroneously been published in any marketing material including printed material, electronic media, and all other forms of communication.

 

6.2 All prices exclude VAT and despatch charges. VAT must be added to the total amount (including carriage) of your order. This does not apply if goods are to be sent to any country outside the EU. Despatch costs are dependent upon the size, weight and destination of the parcel as well as the speed of delivery required. 

6.3 Payment to VISH is required in advance of delivery unless specific credit arrangements are agreed in writing, in which case VISH shall be entitled to invoice for the Products upon despatch or deemed delivery in accordance with Clause 9. For Bespoke Products and/or Services (including dress creations), a deposit of 50% or more may be required before any work commences. Such a deposit is payable at the time of confirming your order after the design appointment. Payment must be made in advance for Products, or on terms individually agreed to by us in writing. In the event that payment is not made on the due date VISH reserves the right to:

6.3.1 withhold delivery of any further Products;

6.3.2 require advanced payment on all Products; and

6.3.3 charge interest (both before and after judgement) on the amount unpaid at the rate of 3% above the base lending rate of the Bank from time to time.

6.3.4 Any Payment made by bank transfer the sender is responsible for covering any transfer fees/charges.

 

6.4 When you return any Products to us:

6.4.1 because you have cancelled a contract with us within the for 14 day cooling off period under Clause 7 (and work has not commenced for Bespoke Products and/or Services), we will process the refund due to you as soon as possible, and in any case within fourteen (14) days of the day you have given notice of your cancellation. In this case we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

6.4.2 for any other reason (for example, a Product is defective), we will examine the returned Product and will notify you of your refund within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day we confirmed to you that you were entitled to a refund for the defective Product.  Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

6.4.3 if in your opinion a Bespoke Product requires alteration or amendments, then please discuss this with us when you collect your dress from us, or with your VISH sales representative or sales contact, or immediately upon receipt of your order.

6.5 VISH usually raises invoices and accepts payment in Euros (€).  Payment can be made by cash, bank transfer, or selected credit cards(Visa, Mastercard), PayPal, Apple Pay.

6.6 During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our privacy policy.

6.7 All card payments are subject to authorization by your card issuer and your card will not be debited until the order has been prepared for dispatch. In any case, the amount charged by VISH will correspond to the Product(s) actually dispatched to you by VISH.

6.8 In order to combat fraud, VISH uses the ‘3D Secure’ payment authentication system provided by VISA and Mastercard under the names “Verified by VISA” and “MasterCard SecureCode” respectively. This payment authentication system increases the security of your online purchase.

After you enter your credit card details in our online store, you may be re-directed to your bank’s ‘3D Secure’ webpage to verify your identity. This service is provided by your bank for Visa and MasterCard payments. The ‘3D Secure’ process is specific to your bank. Please follow on-screen instructions. If you haven’t yet registered with Verified by Visa or MasterCard SecureCode, you’ll need to activate this feature first. You can do this during the payment process, or activate it in advance through the Visa or MasterCard website. Please make sure that you can receive the 3D Secure authentication text message.

REMINDER, your transaction will be cancelled after three failed authentication attempts and your card will be blocked after three cancelled bank transactions. If this happens, please contact your bank.

If you have any questions about the ‘3D Secure’ authentication process, please contact your bank.

6.9 If you select payment by PayPal, you will be re-directed to the PayPal website to complete your payment using your PayPal account. All personal information that we send to PayPal is encrypted. For more information on the security of PayPal transactions, please contact PayPal.

 

7. CONSUMER CANCELLATION RIGHTS 

7.1 Only if you are contracting as a consumer (ie, for purposes outside of your business) and you place your order via the website, telephone, fax or email, you may cancel a contract with us at any time within fourteen (14) working days, beginning on the day after you receive the Products, unless the Product ordered is a Bespoke Product and/or Service and work in connection with the Bespoke Product and/or Service has commenced, in which case the right to cancel shall cease upon commencement of any work in connection with the Bespoke Products and/or Services.  

7.2 If you are entitled to cancel your contract with us in accordance with Clause 7.1, you will receive a full refund of any price paid for the Products in accordance with our refunds policy.  No refunds shall be made to a customer after the seven (7) working day period.

7.3 To cancel a contract in accordance with Clause 7.1, you must inform us in writing. You must also return the Product(s) to us within 14 days of your notification to cancel the contract, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

7.4 This provision does not affect your statutory rights.

 

8. ORDER CONFIRMATION

 

8.1 When you submit an order, we will send you an e-mail to acknowledge that we have received your order and that your order is being processed.

8.2 Once the Product(s) you have ordered are ready for dispatch we will take payment and send you a further email summarizing your order details and confirming that your Product(s) have been dispatched (“Order Confirmation”).

8.3 We generally aim to process orders within 48 hours but we cannot be held responsible for delays due to weather or other circumstances beyond our control. In these cases we will process your order as soon as is reasonably possible.

8.4 Orders placed on the Website on Friday afternoon, Saturday or Sunday will be processed on the following Monday. Orders placed on the Vish-style Website on a public holiday that falls on any day other than Friday, Saturday or Sunday will be processed on the following working day.

8.5 A contract of sale between you and VISH (“Contract”) is formed when we send you the Order Confirmation.

8.6 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

8.7 You will be notified of the unavailability of any Product on an e-invoice corresponding to the order placed. You will receive this e-invoice via your email address no later than 5 days after despatch of Products.

 

9. DELIVERY

9.1 Delivery of the Products shall be made by VISH to you, either by posting the Products to you, by courier or other suitable method of transport, or by collection of the Products from our space, as notified to you by us.
9.2 Any dates quoted for delivery of the Products are approximate only and VISH shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by VISH in writing.

9.3 Any charges relating to import tax, duty or Customs clearance of Products into a country designated by you shall be paid for and arranged by you.  VISH reserves the right to not deliver Products to a specific country designated by you.

9.4 If delivery of an order is rejected by you for any reason whatsoever VISH reserves the right to charge you a restocking charge of 25% of the order value together with any other charges incurred for returning the Products.

9.5 VISH must be notified of any shipments which may have been tampered with or of any Products missing from deliveries within 48 hours of receipt of such deliveries. Until the matter is resolved you must keep all packaging and documentation relating to such shipments.

9.6 We aim to deliver your order within the timescales and, in any event, within 30 days of the date on which we send you your Order Confirmation.

9.7 Home Delivery

We will aim to deliver your order within 5 – 10 (Europe) / 7 – 15 (outside Europe) working days from the date of your Dispatch Confirmation. We will deliver the Products ordered by you to the delivery address provided and confirmed by you in the order summary. You may have Products delivered to an address other than your own. We only deliver to addresses in the Territory.

We will not be liable to you for any errors in the delivery address provided by you or for any subsequent change of address of which we have not been notified prior to dispatch.

 

10. RISK AND PROPERTY

 

10.1 The risk in respect of the Products sold will pass to you upon delivery. Carriers require that all claims be notified in writing within 7 days of receipt of Products and that non-delivery be notified within 14 days of the date of despatch, 21 days for overseas. Claims notified after this period will not be recognized.

10.2 Notwithstanding delivery and passing of risk in the Products or any other provision of these conditions, the property and ownership in the Products shall not pass to you until VISH has received in cash or cleared funds payment in full of the price of the Products and all other products agreed to be sold by VISH to you for which payment is then due.

10.3 Until such time as the property in the Products passes to you (and provided the goods are still in existence and have not been resold) VISH shall be entitled at any time to require you to deliver up the Products to them and if you fail to do so forthwith to enter upon any premises of your or any third party where the goods are stored and repossess the Products.

 

11. RECEIPT OF ORDER

 

11.1 The Products will be your responsibility from the time of delivery.

11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

11.3 When you receive your order, you must check that the Products received are in conformance with your order. Please contact us if you encounter any problems with your order (for example, missing or damaged items). You may contact our customer services by phone, email or writing a letter to:

VISH 

Guimarães, Portugal

Telephone number: 11111111

Monday to Friday from 09:00 to 17:00, not available on national holidays

E-mail address: [email protected] 

VAT number: 11111111111

 

12. YOUR LEGAL RIGHT TO CANCEL YOUR ORDER

 

12.1 You have a legal right to cancel your order. To cancel your order you must follow the steps mentioned under “RETURNS”.

12.2 Your legal right to cancel your order does not apply to:

(a) Personalized or made-to-measure Products; or

(b) Accessories

(c) Exclusive couture products

(d) Cut fabrics

12.3 You must return the Product(s) to us at your own expense or with our paid return option within fourteen (14) days of the date on which you cancel your order. Products should be returned in their original packaging (which may have been opened), unworn and unwashed to: Guimarães, Portugal. To enable us to process the return of your Products, please include a copy of your delivery note along with your return.

12.5 We will refund to you the total cost of your order through a voucher (including any standard delivery charges) within fourteen (14) days from the date on which you cancel your order. However, if we do not receive your returned Product(s) (or proof that you have sent them to us) within this period, we may withhold refund until we have received the Product(s) (or proof that you have sent them to us).

12.6 We may reduce the amount that we refund to you (excluding delivery costs) to reflect any reduction in the value of the Product(s) caused by your handling them in a way which would not be permitted by our rules. If we refund you the price paid before we are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount on request.

  

13. YOUR RIGHTS IN RELATION TO DEFECTIVE PRODUCTS

 

12.1 We are under a legal duty to ensure that any Product that you purchase from us through the Website will, on delivery, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for the purposes for which the Product is commonly supplied.

12.2 You have certain rights as a consumer, including legal rights relating to faulty or mis-described goods. Nothing in these terms and conditions of sale will affect your legal rights. If you would like information about your legal rights you should contact your local authority trading standards department or citizens’ advice bureau.

12.3 If you are not satisfied with your Product(s) for any reason, please contact us.

 

14. WARRANTIES AND LIABILITIES

14.1 Subject to the terms and conditions set out below, VISH warrants that the Products will correspond with their description in the VISH current catalogue and/or on the Website, or to any agreed specification for Bespoke Products and/or Services, if applicable.

 

14.2 The warranty at Clause 8.1 above is given by VISH subject to the following conditions:

14.2.1 VISH shall be under no liability in respect of any defect arising from fair wear and tear, your willful damage, your negligence, abnormal working conditions, failure to follow VISH instructions (whether oral or in writing) misuse or alteration or repair of the Products without VISH prior written approval.

14.2.2 VISH shall be under no liability as to the quality of the Products beyond the occasion of their first use.

14.2.3 VISH warranty is limited in respect of slight variation in colour, this is due to variation between replication of the beads and decorative products or fabrics during the manufacturing process. VISH does not guarantee colour to be identical to that appearing in the current catalogue or on the Website.

14.2.4 No warranty is given by VISH in respect of fitness for the purpose intended by you. It is your responsibility to ensure that Products are suitable for your own purpose.

14.2.5 Any claim by you which is based on a defect in quality or condition of the Products or their failure to correspond with any applicable specification, or description shall be notified to VISH within 21 days of the purchase, posting or delivery of the Products, whichever is the later. In the event that a fault is accepted by VISH, the Products (except Bespoke Products and/or Services created specifically provided on your behalf) will be replaced free of charge by return post subject to availability provided the Products have been returned reasonably packed to us within 21 days of the purchase, posting or delivery of the Products, whichever is the later.  In relation to Bespoke Products, if a Bespoke Product requires alteration in any way, or you claim is defective in quality or condition, then you must notify us when you collect your Bespoke Product from us, or within 21 days of delivery of the Bespoke Product to you so that we can discuss any alleged defect with you in order to undertake any necessary repairs or replacements that VISH deem necessary in its absolute discretion.

14.2.6 Where the Products are sold to a consumer, your statutory rights are not affected by these Terms and Conditions.

14.3 Our liability to you for losses, liabilities, claims, cost, damages and expenses that you suffer as a result of us breaking our contract with you is strictly limited to the purchase price of the Product(s) you purchased.

14.4 Nothing in these Terms and Conditions excludes or limits our liability for:

14.4.1  death or personal injury caused by negligence;

14.4.2  matters under section of the Consumer Protection Act;

14.4.3  fraud or fraudulent misrepresentation; or

14.4.4  any matter for which is would be illegal for us to exclude, or attempt to exclude, our liability.

 

The Products are not toys and are not suitable to be used for playing with by children.  The Products should be kept away from children to avoid any misuse or damage.

14.6 We are not responsible for indirect or consequential losses, liabilities, claims, cost, damages and expenses which happen in connection with a breach by us, or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract of otherwise, even if foreseeable.

14.7 FORCE MAJEURE

 VISH is not liable for any delay or non-performance of its contractual obligations relating to our Contract with you if such failure or delay results from any circumstance or event beyond VISH reasonable control (a “Force Majeure Event”) including but not limited to:

(a) a total or partial disruption or strike affecting, in particular, the postal services or means of transport and/or communication;

(b) any default of our suppliers or sub-contractors;

(c) fire, explosion or other catastrophes;

(d) any denial of use of any railway, motorway, port, airport or other means of transport for any reason;

(e) breakdown of plant machinery, computers or vehicles;

(f) war, threat of war, armed conflicts, rebellion, sabotage or riots, acts of terrorism and actions by civil or military authorities resulting from such acts, civil commotion; or

(g) extreme adverse weather conditions including flood, earthquake, snow, windstorm or other natural disasters.

14.8 VISH will notify you in the event of a Force Majeure Event within 5 working days of its occurrence and shall be relieved of its obligations to you until the applicable Force Majeure Event is over.

14.9 If the Force Majeure Event affecting VISH continues for over thirty (30) days, both Parties shall be excused from their contractual obligations towards each other and where appropriate VISH will refund you at the earliest opportunity.

 

15. PERSONAL INFORMATION

 

15.1 The personal information that you provide to us or that we obtain about you through your use of the Website will be used by VISH in accordance with our privacy policy.

 

16. GENERAL

 

16.1 Any notice required by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provisions for the party giving the notice.

16.2 The contract between us and you is personal between you and us.  You may not transfer, assign, charge or otherwise dispose of this contract or any of your rights or obligations under it, without our prior written consent.  We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any or our rights or obligations arising under it, at any time during the term of the contract.

16.3 No waiver by VISH of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

16.4 If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions and will continue to be valid to the fullest extent permitted by law.

16.5 The parties do not intend that any of these terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act by any person that is not a party to it.

16.6 In these terms and conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

16.7 These Terms and Conditions and any document referred to in them represent the entire agreement between us and in relation to the subject matter of any contact between us for the sale of Products and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.  We both acknowledge that neither of us has relied on, and shall not be liable in respect of, any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in the Terms and Conditions (except in the case of any fraudulent misrepresentation).

16.8 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force at the time that you order the Products from us, unless any change to our policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously place by you), or if we notify you of the change to our policies or these Terms and Conditions before we send you any relevant order confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of any relevant order confirmation).

16.9 The formation, existence, construction, performance, validity and all aspects of these terms and conditions shall be governed by Portuguese law and the parties submit to the exclusive jurisdiction of the Portugal courts.

 

17. LAW AND JURISDICTION

 

17.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Portuguese law.

17.2 Any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the court of Portugal.