Terms and Conditions
Terms and Conditions
Welcome to wrongweather.net (the "Site"). This Site is made available to you subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before using the Site or ordering any products ("Products") from our Site. These Terms and Conditions may be updated and it is your responsibility to regularly check the Site and determine if these Terms and Conditions have suffered any changes. The date at the end of this page will be updated to reflect when these Terms were last revised.
Please read the Terms and Conditions carefully before placing any orders on wrongweather.net.
You should understand that by using the Site or ordering any of our Products listed on our Site, you agree to be bound by these Terms and Conditions.
Please note that there are other policies which also apply to your use of this Site and our relationship with you:
Our Privacy and Cookies Policy – where we explain how we use your data and secure it, among other privacy practices.
Our Delivery Policy - where the delivery times, couriers and conditions to obtain free deliveries are stated.
Our Returns Policy - where you can see the details about returning Products bought from the Site and conditions to obtain a refund.
Our Payments Policy - where means of payment, safety, currencies, taxation and duties are explained.
Please understand that if you refuse to accept these Terms and Conditions, you will not be able to use or order any Products from our Site.
Who we are
Wrong Weather is a Fashion and Lifestyle Online Store and also a bricks and mortar Concept Store for Contemporary Men at Av. da Boavista, 754 4100-111 Porto Portugal.
We are registered with the Portuguese Tax Office with VAT number 509956874 as WRONG WEATHER - COMÉRCIO E DISTRIBUIÇÃO, LDA at the address Rua da Industria 184, 3885-464 Esmoriz, Portugal.
License and use of site
We grant you a limited license to access and make personal use of the Site.
We may terminate your limited license to use the Site with immediate effect if you breach any of these Terms and Conditions.
You may register at the Site in order to use the “My Account” functionality. You are responsible for all actions on your account using your username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
Access to the Site is permitted on a temporary basis, and we reserve the right to suspend, or withdraw, or amend the service we provide on our Site without notice at any time for operational, regulatory, legal or other reasons.
From time to time, we may restrict access to some parts of the Site, or our entire Site, to users who have registered with us.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.
This Site may provide, or third parties may provide, links to other sites or resources. As we have no control over such Sites and resources, we are not responsible for the availability of such external Sites or resources, do not endorse and are not liable for any content, advertising, Products, or other materials on or available from such Sites or resources.
Ordering and Contract Creation
All orders are subject to availability and our acceptance.
By placing an order you are promising that all information you provided us is true and accurate, that you are over 18 years of age and that you are an authorised user of the means of payment used to place your order. You are also responsible for making sure there are sufficient funds in the account to cover the cost of your order.
A contract is created between you and us by going through the following steps on the SIte.
You will start the check out process upon entering your email address and clicking on the button “Place Order”. You will have the option of either creating an account by entering a password or proceeding as a guest. Note that, to be valid, a voucher or discount code should be entered on the appropriate field on the basket page, and the value of the basket updated before clicking the “Place Order” button.
Be advised that only by creating an account are you entitled to have access to further functionalities on the Site, such as having your shipping details pre-filled for you for easy check out, saving multiple shipping addresses, seeing order status and order history and saving favorite products, among others.
You will be required to enter personal information needed to execute the billing and delivery of your order. You will be able to choose how to pay for your order.
Once you finish placing your order, we will send you an email acknowledging it. This does not mean your order has been accepted. When your order is shipped we will send you an email informing you of the fact and giving you a tracking number.
Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or that it has been cancelled. The contract will relate only to those Products whose dispatch we have confirmed in the dispatch confirmation email.
We will process your payment at the time of preparing your Products for dispatch.
You can terminate your contract with us and receive a refund in accordance with the provisions set out in our RETURNS POLICY.
From time to time we may offer some or all of our clients the opportunity to pre-order Products. We reserve the right to do a raffle if offer exceeds demand. We also reserve the right to not supply the pre-ordered Product for any reason deemed reasonable to us or outside of our control, such as production failure or if the brand/supplier fails to deliver. When pre-ordering, the client will be asked for payment but this won’t be processed until we are sure we can fulfill the pre-order, which will be at the moment of preparing Product for dispatch. The client may ask for the pre-order to be cancelled at any time. Once the payment is processed and the product is dispatched, the usual return period applies.
Be advised that we reserve the right to not confirm your order. This may happen, for example, if we can’t obtain authorization to process your payment, if shipping restrictions exist in regards an item or a country, if we are out of stock or if you don’t meet the criteria to be able to place an order.
Product and Product Information
All our products are genuine. We strive to present accurate descriptions of our products but you should keep in mind that buying apparel on the internet may be a different experience than buying on a shop. We can’t guarantee that the colors, textures or fabrics you see on the Site will exactly match the products you buy as it depends on factors such as your display settings. The sizes and measurements shown are best estimates.
Please contact our Customer Service if you’d like to request more information about a product.
As a consumer, you have legal rights in relation to products that are faulty or not as described.
You have 14 days to cancel your order and return your Products as explained in the RETURNS POLICY.
Pricing and Promotions
We work to make sure that prices shown on this Site are accurate at the time you place your order. If we find an error in the pricing before the dispatch of your Products, we will normally, at our discretion, inform you as soon as possible of the correct price and give you the option of confirming or cancelling your order.
Alternatively, at our discretion, we may reject your order and treat it as cancelled and refund you for the totality of your payment.
Prices shown on the Site are in Euros, GBP, USD and Japanese Yen. Prices in Euros are inclusive of VAT at the applicable rate. Prices don’t include VAT if they are shown in other currencies of countries where VAT is not chargeable. Shipping costs are not included in the price and may be added to the order total, if applicable.
If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Promotion codes and other discounts exclude delivery charges. Discounts cannot be used in conjunction with any other offers, unless so stated.
Our exclusive offers and vouchers are only applicable to online purchases; these offers do not apply to our physical stores.
Limitation of Liability
We will not be liable to you in case we are prevented or delayed from complying with our obligations under these Terms and Conditions by anything you do or fail to do or due to events which are beyond our reasonable control.
Our liability for losses you suffer arising under or in connection with our breach of these Terms and Conditions is limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Nothing in this Limitation of Liability is intended to affect your rights under the law, including those legal rights pertaining to faulty or incorrectly described products.
Intellectual Property
The Site and its contents are protected by Intellectual Property Rights, including but not limited to copyright, designs, trademarks, images, sounds, music, video, audio, text, software and other code on this Site. All Intellectual Property Rights in the Site and these Terms and Conditions are and will be owned by us absolutely and you are not allowed to use any such Intellectual Property Rights without our express agreement.
Third party trademarks, designs, and related intellectual property rights referred to or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions.
You are permitted to make one copy for the purposes of viewing content for your own personal use. You may not use this Site, or any of its contents, for commercial purposes, including advertising or advertising revenue generation activity on your own site.
Disclaimers
To the fullest extent permitted by law, the Site and all information contained therein is provided by us on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes and requirements. We use reasonable care in compiling and presenting the content of the Site, but we can give no guarantee that the content is complete, accurate or up to date.
We make no representations or warranties of any kind, express or implied, as to the operation and availability of this Site or the information, content or materials here presented. You expressly agree that your use of this Site is at your sole risk.
Complains and Governing Law
The interpretation and enforceability of these Terms and Conditions shall be governed by Portuguese Law, and you agree to submit to the jurisdiction of Portuguese courts for the determination of disputes.
If you have a complaint, please email [email protected] describing the problem and include full details such as date of purchase, order reference number, your full name, address and contact details.
We we aim to solve any disputes with our customers on our own, amicably and efficiently. Nonetheless, uou may recur to an alternative consumer dispute resolution by a consumer arbitration body such as the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr.
QUESTIONS REGARDING THIS POLICY SHOULD BE DIRECTED TO:
Wrong Weather
Av. da Boavista, 754
4100-111 Porto • Portugal
Email: [email protected]
Porto, 15 June, 2018