I - OBJECT, SCOPE, AND DEFINITIONS
These Terms and Conditions govern the sale, including registration, ordering and access to "Blue Avenue" products offered by Francisco André Faria de Oliveira, tax identification number PT268153361, with headquarters at Rua Jacinto Vieira lote 14, 4705-131, Braga, Portugal, on the website www.blueavenue.co and apply to all purchase and sale contracts for "Blue Avenue" products between Pedro Miguel da Silva Teixeira and any User who places orders through the aforementioned website.
For the purposes of these Terms and Conditions, the following definitions apply:
- “Blue Avenue” – Products sold on the website www.blueavenue.co;
- “User” – Any single person, who places an order on the website www.blueavenue.co.
These Terms and Conditions do not exclude the rights and guarantees of the User contained in the legislation in force for contracts of this nature.
II - ACCEPTANCE
The use of the website www.blueavenue.co and the purchase of Blue Avenue products assumes knowledge, comprehension, and approval of these Terms and Conditions by the User.
III - REGISTER
To place an order, the User can previously register, by filling in the fields on the form on the website www.blueavenue.co.
It is also possible to place your order through a simpler process using only a valid email and phone number. However, by registering on the website your data and preferences will be saved to be more easily used in future purchases.
From the moment he accesses his personal account, the User is subject to the present Terms and Conditions, as well as to the legal and regulatory rules that govern the operation and use.
IV - BLUE AVENUE PRODUCTS
The www.blueavenue.co website is aimed at all users who wish to order Blue Avenue products, with no commercial purpose.
The photos of Blue Avenue products are merely illustrative and may differ in colour or material. Although the images try to be as faithful as possible to the product, they may not exactly mirror some characteristics, so it is essential to consult the information of the details present in each product.
Blue Avenue reserves the right to modify, at any time and without prior notice, the information, product offer, prices, promotions and terms and conditions of sale on the website www.blueavenue.co.
V - ORDERS
The User can proceed with the online purchase of Blue Avenue products, through the following steps:
- Selection, through the search icons or menus, of the product(s) desired by the User;
- Adding the selected product (s) to the user's "Shopping Cart"
- Registration of the User's personal data, with the option of integrating them in the Blue Avenue database under the terms provided for in the Terms and Conditions;
- Indication of the delivery address, billing address, payment method, and phone number.
- Lastly, review and confirm your order.
The User will be notified of the status of his order by receiving an email, regarding the "Order Confirmation", and a second email, after payment has been approved, regarding the “Order Shipment”.
Lastly, the User's order will be delivered by the logistics operator to the "Shipping address" provided in the purchase process along with the respective invoice.
Blue Avenue reserves the right to cancel or not accept orders in which one of the following situations occurs:
- The product(s) is(are) out of stock;
- The payment is not made using any of the payment options available on the website www.blueavenue.co;
- The payment is not confirmed;
- The billing information is not correct or verifiable;
- There is a fraud suspicion alert;
- The purpose of the order is to resell the products;
- The delivery address is out of our delivery reach;
VII - PAYMENT METHODS AND SECURITY
The accepted payment methods will be presented at www.blueavenue.co. We do not accept any payment method other than those mentioned.
You can pay for your products using your usual credit cards and using your personal PAYPAL account.
For payments by credit card, all details (such as the card number, expiration date or security code) will be sent via the encrypted protocol to the company that provides the remote electronic payment services, Stripe, without third parties having access to the information transmitted.
This information will not be used by Blue Avenue, except to carry out the necessary operations for purchase or chargeback (refund), in the case of return under the exercise of the right of return, or for reporting fraud cases to the police.
VIII. SHIPPING COSTS
Shipping costs are quoted according to the destination country and order details:
FREE SHIPPING SERVICE on orders over 70€ (Exclusive for Portugal and Europe)
|Express Islands||1-2 days||10€|
|Express Islands||1-2 days||10€|
|REST OF THE WORLD*|
* USA, Canada, Australia, New Zealand, Singapore, Taiwan, Hong Kong, Thailand, Vietnam, Philippines, Malaysia, UAE, Japan, Israel, India, Argentina, Brazil, South Africa, Israel.
The shipping fees will be presented to you as soon as you enter your address and according to the total calculation of the products you intend to purchase.
Delivery times indicated start from the date of dispatch of the order and are presented on working days (Saturdays, Sundays and holidays do not count in the transit time). In cases of force majeure, Blue Avenue cannot be held responsible for the delay in delivery.
Duties and taxes may be applied. Blue Avenue does not cover duties and taxes that might be charged in the country of destination.
If the User refuses to pay for any import duties or taxes and the package is returned to Blue Avenue, the return costs will be due to the User and deducted from the total refund amount.
IX - DELIVERY
Blue Avenue processes and ships the ordered products by the User, from Monday to Friday, except for holidays and on the days and periods used by the logistics company, to the address stated by the User at the time of order confirmation.
Blue Avenue endeavours to process the order between the 1st day up to a maximum period of 8 days from the day the payment is validated.
Blue Avenue will inform the User of the unavailability of the product or products ordered, as well as refund the amount paid, within a maximum period of 15 days from the date of knowledge of such unavailability.
Blue Avenue's ability to respond within these deadlines is, however, conditioned on the availability of its stock.
There is no possibility to schedule the delivery of the order, requiring someone to be on-site on the day of delivery to receive the package.
If the carrier fails to deliver on the date indicated, it will contact the User to schedule a new date or the carrier will leave a notice at the place of delivery, with the date and time when it tried to deliver the order, the collection point at which it is located and the period the Customer has to collect it under penalty of being returned to Blue Avenue.
If the order is not picked up at the collection point within the defined period, it will be returned to Blue Avenue and the return costs will be charged to the customer.
X. RIGHT OF WITHDRAWAL
The User has the right to freely terminate the contract entered into with Blue Avenue within 14 calendar days, without the need to indicate any reason, as long as the product(s) have not been used or do not have marks of use and are complete, with the original tags, undamaged and in the original packaging of the order.
The period for exercising the right of withdrawal expires 14 days from the day on which the User, or a third party appointed by him, other than the carrier, acquires physical possession or control of the product(s).
To exercise his right of withdrawal, the User must inform his decision to terminate the contract by email to email@example.com, or using the contact form available at the website here.
The costs of returning the order in the exercise of the right of withdrawal are supported by the User.
In the event of exercising the right of withdrawal, the User is reimbursed for all payments made by him, including delivery costs if the User has borne them in the initial transaction (except for additional costs resulting from the User choosing a delivery method other than the least expensive standard delivery method offered by Blue Avenue) without undue delay and, in any case, no later than 14 days from the date on which the product (s) were received by, and the conditions of the returned product(s) were approved.
If returned products are damaged or worn, Blue Avenue reserves the right not to accept the return and there will be no right to a refund. If the product(s) in question have been returned to Blue Avenue, these will be returned to the User after payment of the shipping costs. If the User does not comply with what is indicated by Blue Avenue, the product(s) in question will be considered abandoned by the User and may be destroyed and the User is not entitled to any refund or compensation whatsoever.
XI. CANCELATION, RETURNS & EXCHANGES
Order cancellation before shipping:
You can cancel your order, as long as you request it by emailing firstname.lastname@example.org before shipping.
Orders cancelled before shipment are fully refundable.
Orders cancelled after shipment are determined under the conditions in point X. Right of Withdrawal.
Return of defective products:
The User has the right to return the products delivered if they are found to be defective or have other non-conformities.
As soon as the User finds a defect or other non-conformity, he must communicate via e-mail at email@example.com describing the defect or non-conformity of the product and whenever possible attaching supporting images.
After receiving the email, we will contact the User to proceed with the replacement of the product, termination of the contract or any other consensual solution.
All the shipping expenses regarding the return or exchange of defective products will be supported by Blue Avenue.
After receiving the order, the User has 14 days to exchange his product(s).
To proceed with the exchange, the user must contact Blue Avenue via email at firstname.lastname@example.org. Then, Blue Avenue will contact you to clarify all the steps to exchange the product.
The shipping costs to return the product will be borne by the customer. The exchanged product(s) are sent on a free delivery service.
Blue Avenue does not sell second-hand products, with defects or with raw materials other than those described in the details of each product.
Blue Avenue will make every effort to ensure that the colours of the products appearing on the www.blueavenue.co website are as accurate and real as possible. However, as computer monitors vary, we cannot guarantee that your monitor is showing the exact colours.
XII - COMPLAINTS
In view of the objective of continuous improvement of its services, Blue Avenue will endeavour to attend and resolve complaints submitted by the User within 5 (five) working days, by email to email@example.com.
XIII - WARRANTY AND AFTER-SALE SERVICE
Blue Avenue products benefit from the warranty provided for in the legislation applicable to the sale of consumer goods.
XIV - EXCLUSION AND LIMITATION OF LIABILITY
Blue Avenue does not guarantee the permanent availability of this service www.blueavenue.co and, in particular, will not be responsible for damages, resulting, directly or indirectly, from the use or impossibility of using, for any reason, the referred website, namely in the event of unavailability of access, technical problems or errors in the telematic data transfer networks, outside intrusion or presence of computer viruses, nor will it assume any responsibility for technical problems that may occur in computer equipment used while connecting to the internet through said website.
Blue Avenue will not, likewise, assume any responsibility for any damages, arising, directly or indirectly, from situations of force majeure, as such being understood, any event beyond the control of Blue Avenue that prevents it, totally or partially, permanently or temporarily, to fulfil its obligations, namely, strikes, failures in the electricity network, in telecommunications services or any other services, fires, floods, inability to obtain products, materials or services, breakdowns, delays from suppliers or transporters and changes in legislation or administrative regulations.
Blue Avenue is not responsible for any abuse of the User's access data to the website by third parties, data that are personal and non-transferable.
XV - MODIFICATION OF TERMS AND CONDITIONS
Blue Avenue reserves the right to change these Terms and Conditions at any time, after notification, which is considered effected by publishing the modified Terms and Conditions on the website www.blueavenue.co
XVI - PERSONAL DATA
XVII - DURATION
These terms and conditions apply as long as the supply of goods lasts through the website www.blueavenue.co.
The foregoing does not prejudice the possibility of revising and/or subsequently changing these Terms and Conditions.
Should any of the provisions of the Terms and Conditions be declared, totally or partially, null or in any way invalid, ineffective or unenforceable, such nullity, invalidity, ineffectiveness or unenforceability will not affect the validity of the remaining provisions or the subsistence of the contractual relations.
XVIII - PROOF AND ARCHIVE
The computer records, kept in Blue Avenue's computer systems, are considered proof of the conclusion of the contract between the parties as well as of the conditions under which it was concluded.
XIX - APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and all emerging disputes related to these terms and conditions, including their validity, the use of the website www.blueavenue.co
In the event of a dispute regarding the interpretation or execution of these Terms and Conditions, Blue Avenue and the User undertake to endeavour to obtain a friendly 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.
In the event of a consumer dispute, the user can use the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr.
To find out the registered Alternative Dispute Resolution entities consult the Consumer Portal at www.consumidor.pt.
Complaints book - www.livroreclamacoes.pt