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GENERAL SALE TERMS AND CONDITIONS - ONLINE STORE WWW.ANASOUSA.COM
1. OWNERSHIP OF ANA SOUSA ONLINE STORE WWW.ANASOUSA.COM
A MJJS – Comércio de Vestuário, S.A. (henceforth designated as MJJS or simply Retailer) with registered office at Rua 1º de Maio, nº 239, 4755-405 Pereira – Barcelos, Portugal, with a capital stock of 2.250.000€, corporate number PT 504 939 866, entered at the Commercial Register’s Office in Barcelos, no. 3657, is the legal owner of the official website of the ANA SOUSA brand with the domain name at http://www.anasousa.com.
2. CONTACT INFORMATION AND CUSTOMER SUPPORT
For more information or queries, you can contact us at ANA SOUSA via email to firstname.lastname@example.org or you can call, Monday to Friday from 9 a.m. to 6 p.m., to 00 351 253 839 200.
3. AIM AND SCOPE OF APPLICATION
3.1. These General Sale Terms and Conditions exclusively regulate purchases and sales from the ANA SOUSA online store, between the Final Consumer in the capacity of purchaser and MJJS as retailer, and is applied to all www.anasousa.com website visitors, as well as to any transaction of a commercial nature undertaken using this virtual online store.
3.2. Browsing on and purchasing any product on www.anasousa.com implies the acceptance of the present general conditions of use and hire.
3.3. MJJS sells all products from the ANA SOUSA collection and shall be responsible for the online sale www.anasousa.com of items from the aforementioned brand, all “e-commerce” services being available only for final consumers.
3.4. “Final Consumer” or “User” or “Buyer” is understood to mean any person who acts/buys for personal use, separate from their business or profession, therefore, without any desire to resell the items acquired from ANA SOUSA online store.
3.5. MJJS reserves the right to alter these conditions of use and hire without prior notice, and to modify at any time the information and commercial offer of its products, prices, promotions, commercial conditions and services. Any alteration will always be published on the www.anasousa.com website.
3.6. MJJS reserves the right not to process any order from users who are not “Final Consumers” or is not in accordance with the general sales conditions of the “Retailer” (ANA SOUSA).
3.7. The "Final Consumer" should provide MJJS, as the retailer, with a correct and complete email or postal address, or other contact details, and accept that MJJS may use these to contact them if necessary.
4. INFORMATION ABOUT CONTENTS OF THE ANA SOUSA ONLINE STORE
4.1. The website www.anasousa.com is for private use only so that the reproduction, transfer, distribution or storing without prior written consent of ANA SOUSA online store contents for any use other than purely personal, is prohibited.
4.2. The insertion of our website links for commercial purposes or without prior consent of MJJS is strictly forbidden, as is the use of the domainwww.anasousa.com for abusive purposes without prior consent. Such use will be liable to legal redress by MJJS.
4.3. In the event of finding links on other sites which redirect to www.anasousa.com or references to the ANA SOUSA online store, we hereby declare that MJJS has no responsibility for such links or pages, nor for the content contained therein.
4.4. We are very committed to ensuring that the information presented on www.anasousa.com is free of typographical errors and, should these occur, we shall correct them as soon as possible.
4.5. All contractual information is written in Portuguese, as is the item information, email communications and sales documentation, with the exception of expressions specific to the world of fashion.
5. SALES POLICY
5.1. Where information presented does not correspond to the product characteristics, the Client has the right to resolve the purchase and sales contract according to the terms of the law.
5.2. Photographs on the website are merely illustrative, so we recommend that you read the product description carefully for more information about the specific characteristics of the items you intend to purchase.
5.3. Prices and specifications of products are subject to alteration without prior notice. Despite every effort made by ANA SOUSA to keep all information up to date, some products may be priced incorrectly. For this reason, we check prices every time we process an order. If the price of a product is lower than the price announced, 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 revised price or cancel the order.
5.4. The product catalogue for the ANA SOUSA online store is independent of the physical stores, both in terms of price, products available and quantities in stock. All promotional campaigns have limited stock and are exclusive to the ANA SOUSA online store.
5.5. Validation of the purchase order of request presupposes that the “Purchaser” is aware of and accepts the General Sale Terms and Conditions from the site www.anasousa.com.
5.6. All data registered by MJJS constitute proof of the series of transactions made between the “Retailer” and the “Final Consumer”, being the responsibility of MJJS to file the electronic document containing the contract, and keep it accessible.
6. CLIENT AND USER OBLIGATIONS
6.1. Any visitor to the website www.anasousa.com is obliged to comply with and respect the present general conditions, namely to observe the following obligations:
- It is prohibited to introduce, store or disseminate via the ANA SOUSA website contents which are defamatory, obscene, injurious, xenophobic and/or of any other type which violate the general principles of law and public order;
- Keep and do not divulge your password for entering the site in order to prevent third parties from gaining access to your account and personal details;
- Do not use false identities;
- Keep your personal details and addresses up to date so that MJJS may process your orders correctly;
6.2. The “Final Consumer” is the sole responsible for the accuracy of the personal details given to MJJS and undertakes to communicate immediately any alteration via their Registration Account at www.anasousa.com.
6.3. MJJS absolves itself of any responsibility for possible delay or inability to process an order as a result of error or incomplete data communicated by the “Final Consumer”, particularly at the time of delivery.
7. HOW TO ORDER ONLINE
7.1. You need an e-mail address to place an order at www.anasousa.com, and you need to register as a Customer by filling out the online form. Once registered, insert the products you want to acquire in the virtual shopping cart and follow all the steps for your purchase be successfully completed.
7.2. Placing an order at www.anasousa.com is easy:
- Star browsing on the online store and find out the products you want to purchase.
- View the products you are interested in and click on the photograph to zoom in and see every detail, available sizes, composition, reference code and price.
- Add your favourite products to your shopping cart by pressing the tab Add to shopping cart. You can then choose to continue shopping or to process order.
- Proceed to checkout. If you would like to process your order you can do so by either registering or checking-out as a guest.
- Fill in all the information data requested, including the delivery and billing options.
- Select a payment method: Visa, Visa Electron, Mastercard, Paypal or ATM and fill in the requested data.
- Review your order.
- Submit your order. You will receive an email confirming your order.
7.3. You are bound by your order once you have clicked the “To pay” button at the end of the ordering process. By clicking on this button, you send your order to us as it is displayed in the final check out screen. Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded. A copy of the automated order confirmation will be sent to your e-mail address.
7.4. By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on anasousa.com. We explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation.
8. AVAILABILITY OF PRODUCTS AND CONFIRMATION/CANCELLATION OF ORDER
8.1. MJJS will only process an order made by a customer after confirmation of payment, so that MJJS cannot guarantee the availability of items until the start of said processing.
8.2. On your order confirmation email you will find an estimated date for delivery of your products, after confirmation of payment. Naturally, the time estimate for delivery may vary according to courier chosen and the destination of your order.
8.3. MJJS only ships orders during working days. For calculating order delivery time, weekends and public holidays are not included. Any delay in the delivery of items with regard to estimated dates given does not confer the right to compensation.
8.4. All orders placed on the website are subject to product availability. MJJS strives to ensure that all items for sale on the website are in stock. However, MJJS reserves the right not to accept any orders or to cancel confirmed orders for products which are no longer in stock. If a product is unavailable and/or out of stock, MJJS will immediately inform the “Final Consumer” of the partial or total cancellation of their order. The purchaser then has the right to a refund of the amount paid.
9. ORDER CONFIRMATION OR CANCELLATION
9.1. MJJS may not validate an order if no sufficient guarantee of payment is provided, if the order is incomplete or incorrect, or if the products ordered are no longer available. In any of the above situations MJJS shall inform the “Final Consumer” via email that the sales contract was not made and that MJJS will not proceed with the sale, specifying the reasons for such action.
9.2. If the products ordered from www.anasousa.com are not available at the time the customer last visits the site, despite having been obtained confirmation of the order, or when MJJS receives the order, the “Retailer” shall immediately inform the “User” of the the unavailability of the products, never later than 30 days after receiving the request.
9.3. If an order and respective payment has been made for products which have meanwhile become unavailable, MJJS shall refund the money paid for the unavailable items.
9.4. MJJS reserves the right to refuse any order, regardless of the reason and free from liability for any damages or cost, and also reserves the right to cancel any purchase even when it has been accepted or confirmed by MJJS, in the following situations:
- The information contained on the invoice is not correct or verifiable;
- The order is flagged by the website Security Systems as an incorrect or irregular order, or an order likely to be fraudulent;
- Payment was not received within 5 working days after your order acceptance;
- It was not possible to deliver the order to the address supplied by the “User”;
- The “Purchaser” is deemed incapable of performing the purchase.
- The price of the product(s) was incorrectly advertised;
- The order is believed to be intended for resale.
10. PAYMENT CONDITION PRESENTED PUBLICISED AT WWW.ANASOUSA.COM
10.1. We do not accept any other method of payment apart from those mentioned.
10.2. You may pay for your products using your normal credit and debit cards, via the REDUNICRE payment system, or by using your PAYPAL account, or you may pay for your order by MULTIBANCO. The ANA SOUSA website will provide the instructions necessary for this payment method (company code/reference/Total Amount).
10.3. For credit or debit card payments, all details (such as card number, expiry date or security code) will be sent by encrypted protocol to the company which provides the remote electronic payment services, REDUNICRE, without providing the information to third parties. This information will not be used by MJJS, except to carry out the operations necessary for purchase or refunds granted in accordance with refund rights, or to report fraud to the authorities.
10.4. If the “Final Consumer” opts to pay by MULTIBANCO (only available for deliveries in Portugal), we will only begin processing the order after having received payment. For this method of payment, therefore, we advise you to go to a cash machine as soon as possible in order to receive your order as quickly as possible. If we have not received payment after 2 working days of your order being placed, it will be cancelled.
10.5. The product and shipping costs, as indicated on the order form, will be debited from the current account after the products have been dispatched.
10.6. We urge you not to attempt to make payment by any other means than those specified at www.anaousa.com. If you do so, MJJS cannot be held responsible for the loss of payment, or any other damage that may result.
11. SECURITY FOR ALL TRANSACTIONS AT ANA SOUSA ONLINE STORE
11.1. The ANA SOUSA online store uses the most up-to-date and robust security technologies available for encryption platforms. All payment information you provide will be fully encrypted, from the moment you begin 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, online payments are always subject to some risks, namely when the “User” does not take due precautions and does not assume due responsibility.
11.3. MJJS cannot be held responsible for any damage resulting from the use of electronic means of communication, namely damage caused by failures or delays in the delivery of electronic messages, interception or manipulation of electronic communication by third parties or computer programmes used to communicate or transmit viruses.
12. RETENTION OF TITLE OF PRODUCTS SOLD
MJJS retains the title to company products until it has received payment in full for all such products.
13.1. The prices displayed on the website www.anasousa.com contain/carry Valued Added Tax (VAT).
13.2. The total price specified in the final “checkout” menu includes taxes and delivery charges. Prices are quoted on the order confirmation, which can be printed out or downloaded for future use. Please transfer only the exact amount specified on the order confirmation and make a single transfer per order.
13.3. Delivery charges are calculated per order, and the exact delivery rate will depend on the country to which your order is delivered.
13.4. Prices are displayed in Euros and any changes made to the shipping country may influence prices, due to shipping costs.
14. QUALITY AND GUARANTEE
14.1. MJJS will only sell on www.anasousa.com items of the highest quality and will never sell second-hand products, defective products or products of a quality inferior to existing market standards.
14.2. Products for sale at www.anasousa.com may not correspond exactly to the actual clothing with respect to the image and colours displayed, especially as a result of the Internet browser and monitor used.
15. PRODUCTS FROM THE HAUTE COUTURE ATELIER (EXCLUSIVE TO THE ONLINE STORE)
15.1. Products sold in the Haute Couture Atelier menu are exclusive online products and will only be manufactured after an official estimate has been accepted by the “Final Consumer”.
15.2. Products ordered will be exactly the same as those displayed in the photographs available in the ANA SOUSA Haute Couture Atelier menu and will be manufactured, according to the customer's measurements, within 15 working days after confirmation of the order. We consider your order confirmed after formal approval of the respective estimate.
15.3. After placing your order by completing the “Order Form”, a date will be scheduled for you to visit your nearest ANA SOUSA store, and one of our fashion consultants will note down your measurements, and then send them to our technical product file.
15.4. Having received the estimate, a date will then be scheduled for the final fitting of the dress, and the payment will be made on the day the dress is delivered or collected from the ANA SOUSA store.
15.5. Because these are exclusive dresses, custom made and to individual order, we do not exchange or return of these items.
15.6. MJJS reserves the right to cancel your order and to refuse delivery of the exclusive product if it does not obtain confirmation of payment, agreed on approval of the estimate, which is considered an enforceable document.
15.7. Exclusive online products, including the Haute Couture Atelier Menu, will be delivered on the agreed date, but within a time limit of no less than 15 working days after the first contact through the online store. MJJS requires this period of time to customize your exclusive order to your measurements and to assess and monitor its quality, before delivering the item to the address you have indicated.
16. PRODUCT SHIPPING AND DELIVERY
16.1. Orders from the ANA SOUSA online store will be shipped and delivered on working days from Monday to Friday.
16.2. We can only guarantee safe delivery of an order if the shipping address for the products is correctly entered by the “User”, and the address is a home or office located in one of the countries listed in the “Delivery Information” menu.
16.3. A delivery is regarded as completed or a product considered delivered on signature of the delivery receipt at the address agreed.
17. SHIPPING COSTS AND DELIVERY TIMES
17.1. Shipping costs will only be charged once per order, regardless of how many items you buy. However, MJJS reserves the right to split the order into separate shipments, for example, if part of the order is delayed or not available. If the order is split into more than one shipment, the customer will be notified by e-mail. For this purpose, we shall use the email address provided by the customer at the time of purchase.
17.2. Deliveries in Portugal, Portuguese Islands of Madeira and Azores are free on purchases over €25. In purchases less than that amount, the shipping costs will be €4 per order.
17.3. Deliveries in Spain are free on purchases over €50. In purchases less than that amount, the shipping costs will be €4 per order.
17.4. Deliveries in all EU countries (except Portugal and Spain) are free on purchases over €80, except for countries with customs and tax policies different to the most European Union countries. In purchases less than that amount, the shipping costs will be €15 per order.
17.5. Deliveries in all countries outside the European Union are free on purchases over €150. In purchases less than that amount, the shipping costs will be €20 per order.
17.6. Orders shipped to countries outside the EU, or with tax and customs policies different from most EU countries, may be subject to taxes, duties and taxes levied in the destination country (import taxes). The recipient of an international shipment may be subject to import taxes when this shipment arrives in their country. The recipient may have to pay additional charges for customs clearance. ANA SOUSA has no control over these charges, nor is it able to make an estimate. Costum policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, there may be delays beyond the estimated time of delivery.
17.7. On delivery, the “Purchaser” should examine the package and the products sent to check for possible damage. If you notice that the products are damaged, you should not accept delivery of the order, which should be returned immediately using the “Return” procedure provided for at www.anasousa.com. ANA SOUSA® (“MJJS”) shall then refund the amount paid for the order and the transportation once the goods have been returned to head office.
17.8. The order is regarded accepted if, after receiving the order, the “Purchaser” does not return the order within the next 15 days.
18. DELIVERY TIMES
18.1. After you registered your order, your payment will be confirmed and if all the parts ordered are available, MJJS is committed to making its posting, observing the following deadlines:
- In Portugal, within 2 working days;
- In Madeira and Azores Islands, amd Spain, between 2 and 4 working days;
- In European Union (except Portugal), between 2 and 4 working days;
- In all countries outside the European we will deliver your order within an indicative deadline of 6/10 working days.
18.2. MJJS will not be liable or responsible for any failure to perform, or delay in perform of, any of obligations that is caused by events outside our reasonable control (Force Majeure Event - includes any act, event, non-happening, omission or accident beyond our reasonable control).
19. PRODUCT EXCHANGES AND RETURNS
19.1. All products are individually identified with a security tag. If you wish to return a purchased product, do not remove the security tag or seal from the product.
19.2. If you decide to return the purchased products, MJJS has the right not to accept their return if the security tag or seal is missing, or if the tags have been altered in relation to their original state, or damaged.
19.3. After receiving the order, the “Purchaser” has 15 days in which to return or exchange the items – with the exception of earrings, underwear and bikinis – if defects or others irregularities are found in the products ordered or simply because they are no longer desired, without the need to state any specific justification.
19.4. MJJS only accepts exchanges of items for products on a different colour or size. If you wish to exchange for another item, it will be issued a voucher in the same amout of the 4exchenge so you can proceed with the new online order.
19.5. The costs of the first return or exchange will be borne by MJJS. For subsequent returns and exchanges, delivery costs will be borne by the customer (except for quality reasons).
19.6. The exchange or return of “Purchaser” orders shall be carried out using the same courier who delivered the items to your address.
- Place the unused item(s) that you wish to return in their original package, with price tags intact, together with the delivery note and stick the return label supplied on the outside of the package with the order. Then, close the package with tape, remove all sticky labels from the outside (leaving only the return sticker provided by email after the confirmation of the return).
- MJJS will pick up your order within 3 business days after receiving the request for return. You will be contacted by the customer support services for scheduling the picking. If there’s no one to deliver the package at the time of the picking, MJJS will scheduled a new one on a date / time to be agreed between the customer and the carrier.
- Pickings are not held on holidays or weekends.
- After receiving your order in our warehouse, the Quality Department will check if the piece is in compliance with our requirements for Exchange and Refunds. If so, the exchange/return will be confirmed.
- For the refund of the amount paid, the MJJS allows two options: a voucher in the same amount of the return items, which can be deducted only at the ANA SOUSA online store within a maximum period of 6 months from the date of the issue; or the reimbursement itself, using the same method of payment used in the purchase.
19.7. The carrier will pick up your order within 2 working days after receiving the confirmation of exchange/return. It will be made from Monday to Friday, it is not possible to dial a specific time.
19.8. After receiving all the returned products, or only a part of them, at our facilities, we will deal with them within an average of 2-5 days. If the return is confirmed, you will be refunded the amount of the goods using the payment method you’ve chosen. Money back for returned goods is only done through the account/card used for the original purchase. In the case of a simple exchange of an identical item, or for one of a different colour or size, after checking product availability, it will be dispatched to the address you have indicated in the exchange process.
20. CANCELLATION OF ORDERS
20.1 Before dispatch, the “Purchaser” may cancel the order. If the “User” places an order and wishes to cancel it, the user should first of all check the status of the order on the “Enter” menu in the top right-hand corner on the main page of the website www.anasousa.com, then click on “My Orders”. If the status of the order is “Registered”, then it is still possible to cancel it. The “User” should contact our Customer Support Service and request cancellation of their order.
20.2. If cancellation of the order is successful, the customer will be notified by email and the cancellation will be processed without any costs to the customer.
20.3. If the cancellation request is not possible because the order has already been dispatched, the products will be sent to the “Purchaser” who, if they still wish to cancel the order, should refuse to accept the items and activate return procedures through the ANA SOUSA® online store.
20.4. On confirmation of return and receipt of the order at MJJS head office, the refund will be processed.
20.5. Orders for exclusive custom made online products cannot be cancelled or returned as the production process is started immediately on receipt of the order. This type of item can only be returned if it is faulty or irregular in relation to the product ordered.
21. CONDITIONS APPLICABLE TO PROMOTIONAL CODES (DISCOUNTS)
21.1. When used in accordance with set rules, a promotional code allows the user to take advantage of a promotion/discount for the purchase of a specific product or series of products for the period indicated/associated with the promotional code/promotional campaign.
21.2. Promotional codes are personal and non-transferable and can only be used for online purchases made on this site. Selling, exchanging or giving away a promotional code is prohibited. The bearer of the promotional code may not download or make use of a promotional code on any website or other public form of offer, gift, sale or exchange. Promotional codes cannot be used for commercial purposes.
21.3. The use of a promotional code is limited to one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.
21.4. Promotional codes cannot be exchanged for money and will not be re-issued or refunded.
21.5. Without prejudice to any other rights, MJJS reserves the right to cancel the promotional code issued with immediate effect in case of suspicion that a promotional code is being used in violation of the above-mentioned rules.
21.6. The refund of the value of the orders that benefit of a discount through a promotional code, will be reimbursed through a voucher that can only be discounted on all online orders in a maximum period of six months from the date of issue.
22. VALIDITY OF PROMOTIONS OR COMMERCIAL CAMPAIGNS
22.1. Promotional offers or commercial campaigns published on the site www.anasousa.com are valid only for the period of time they are displayed on the site and in accordance with the conditions laid down, unless information on the site states otherwise.
22.2. Where items acquired as part of a commercial campaign or promotion are returned or exchanged, you will be credited or refunded only the amount you actually spent on the item in question.
23.1. MJJS shall only be liable for damages suffered by you in the event such damages result from attributable breach by MJJS of its contractual obligations towards you, or in the event MJJS liability follows from applicable statutory law.
23.2. In the event you have suffered damages in relation to our activities on the websites, our liability will be limited to damage to the ANA SOUSA products or to other materials and reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under.
23.3. We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
23.4. In the event you suffer damage as a result of our gross negligence or will ful misconduct, none of the limitations in this article apply.
23.5. All products marketed by MJJS are in accordance with Portuguese law and community.
23.6. MJJS disclaims any liability in case of breach of the country law where the order is delivered. The costumer is responsible to check out with local authorities the conditions for importation or use of the products he wants to order.
24. INTELECTUAL AND INDUSTIRAL PROPERTY
24.1. All website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof and all other material on this website are the copyright of MJJS.
24.2. You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or
24.3. Any reproduction or representation of all or part of the elements included on anasousa.com is strictly prohibited.
24.4. All brand names, product names and titles used on the website are trademarks or trade names of MJJS or third party trade mark or trade name holders. You are not allowed to use of reproduce any such trademarks or trade names as this may constitute an infringement of the holders' rights.
24.5. Should you wish to use materials or information from this Website, you need to obtain a prior written consent from MJJS.
25. APPLICABLE LAW
25.1. These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website or with any purchases on the websites shall be governed by Portuguese Law.
25.2. In case of dispute between the parties to this contract because of the interpretation of this General Terms and Conditions of Sale, the parties shall obtain a fair and appropriate settlement within sixty (60) days of the receipt of the notice addressed to the parties involved.
25.3 To consult the competent entities of Alternative Resolution of Consumer Disputes, please access the following webpage https://webgate.ec.europa.eu/odr see. In case of dispute consumption, the consumer can use the European platform for dispute resolution available online at the website mentioned above.
25.4. In the absence of friendly settlement, in accordance with the preceding paragraph, and in case of breach of these General Terms and Conditions of Sale, the competent jurisdiction will be the Civil Court of Barcelos, with express waiver of any other.
26. ANA SOUSA ONLINE STORE’S RIGHT TO VARY THESE TERMS
MJJS has the right to revise and amend these Terms from time to time. You will be subject to the policies, Terms in force at the time that your order products from us, unless any change to those policies.