This website belongs to Backhome, based in Gandra, Portugal.
This document is intended for the presentation of the Terms and Conditions of sale of the online store - Backhome - and it is the user's responsibility to know the General Conditions of Sale in force at the time of the beginning of the Purchase process.
A - SCOPE
1. These general sales conditions regulate and establish the business relations between BACKHOME and its customers. In every aspect that does not contradict these sales conditions, the relations with the customers are regulated by special legislation. All the orders placed and purchases done with BACKHOME have as main premise the customers’ complete knowledge of these general sales conditions, he/she being therefore unable to claim, under any circumstances, his/her unawareness of it.
2. These general sales conditions cannot be subject to restrictions or limitations on the part of the customers, except with the express agreement of BACKHOME.
3. BACKHOME reserves the right to modify them, without previous warning, as well as to alter any of the legal texts that may be in the online store, to ensure they are in compliance with the applicable legislation in force, new case law and usual market practices, at all times. In any case, the access to the online store after its modification, inclusion and/or replacement implies the acceptance of said changes by the user, who is subject to the principals and terms in force at the date of the order, except if the law or the competent authority impose any alteration.
B - INFORMATION REGARDING PRODUCT AND CONTENTS
1. Although BACKHOME works carefully on its online shop, the information, texts, graphic documents, and/or other services may contain mistakes or be incomplete or incorrect, and will be promptly corrected whenever they occur, and as soon as they are identified. If you acquire a product which characteristics do not match those presented online, you have the right to terminate the purchase contract under the applicable legal terms.
2. BACKHOME shall not be held liable for any damage resulting from the use (or incapacity to use) the online shop, including damages caused by virus or any inaccuracy or imperfection of the information, except if said damage is the result of wilful misconduct or negligence on the part of BACKHOME.
3. All the information regarding pricing, products, promotional actions, and services may be altered, at any time, by BACKHOME.
4. The accessories, complements and decoration items presented in the pictures of the articles in the online store are not included in the price, except when expressly stated.
5. The user must consider the fact that the colour and the tone of the products pictures may vary according to the screen where they are being viewed. Likewise, pictures may suffer variations in tone and contrast, due to the lighting conditions at the moment the picture was taken.
6. BACKHOME might, at any time, add new products to those presented in the online store. It reserves, likewise, the right to withdraw or stop providing, at any time, and without previous warning, any product offered in the online store.
C - TRADEMARKS AND COPYRIGHT
1. All the brand names used in the online store are trademarks or registered names of BACKHOME or trademarks and registered names of other owners.
2. The user of the online store is not authorized to use or reproduce any of these trademarks or registered names, since this constitutes a violation of the holder’s rights.
3. All the content and information present in the online store and its subdomains are the property of the BACKHOME Brand, the user acquiring no rights over them through the mere use of the online store. In that sense, the reproduction, copy and diffusion by other means of logos, texts, images, or files, that are present in this online store, is subject to previous authorization from BACKHOME.
4. The users are only authorized to copy electronically and print portions of the online store in case it is necessary to place an order in said store, or to use the website as a source for the purchase.
5. It is forbidden to use this store with the purpose of harming goods, rights or interests of the owner of the website or of third parties, as well as using it in any way that may alter, damage or render inoperable the networks, servers, equipment, products and software of the owner of the online store or of third parties.
D - USER OBLIGATIONS
1. The user commits to providing correct personal data and addresses, not using fake identities and respecting the imposed order limits.
2. If any of the data are incorrect, in other words, insufficient, thus creating a delay or impossibility to process the order, or potentially to deliver it, the user is liable, any liability being declined by BACKHOME. In case the user should violate any of these obligations, BACKHOME reserves the right to eliminate future purchases, block the access to the store, cancel the supply of any other services simultaneously made available by BACKHOME to the same user, as well as forbidding the user’s future access to any services provided by BACKHOME.
3. It is the user’s responsibility to check if the selected articles are destined to the use he/she intends to make of them, certify they have the expected comfort conditions, that they have the appropriate dimensions for the space where he/she intends to place it and if the accesses allow passage to the intended delivery spot, namely regarding great dimension furniture, BACKHOME being able to demand the customer’s liability in case said articles are not delivered through his/her own fault, namely additional costs for storage and second transport.
E - TRADE POLICY
1. BACKHOME has products for sale in the online store in the following page: www.backhome.online.
2. These general sales conditions and terms regulate exclusively the offer, transmission and acceptance of orders carried out between the consumers of the online store and BACKHOME.
3. Only people with the necessary legal capacity to sign contracts regarding the type of goods and services offered in this online store may order from it.
4. Any user, located in any of the following countries, United Kingdom, Spain, France, Portugal, may navigate in our online store and finalize an order. To the price of the selected item will be added the due legal taxes, as well as any costs arising from the transport of the order and other fees, which will be duly stated during the purchase act, the user agreeing to said fees.
5. The total express value of each order carried out in the online store is always expressed in EUR (EUROS) or in any other currency, provided it is available on the website. In case the user comes from a third country with a different currency that is not the euro, it does not imply that the payment of the merchandise to BACKHOME shall be carried out in euros.
6. BACKHOME informs and declares that it is under no obligation to assemble any product, declining any liability regarding the poor assembly of the product, that is not in line with the instruction manuals.
F - PURCHASE PROCESS
1. To register as user on BACKHOME’s online store, a mandatory requisite is to be of legal age according to the legislation in force in the country of the customer’s nationality. Once it is created, the user account is personal and untransferable, just like the access password associated to it, which shall have to satisfy the minimum requisites of compliance and safety. The user may modify or recover his/her password at any time, by following the procedure indicated in the online store to this effect.
2. It is the user’s obligation to notify immediately to BACKHOME any fact that may lead to the misuse of the user names and/or passwords, such as theft, loss or unauthorized access to them, so they may be immediately cancelled. As long as such facts are not communicated, BACKHOME will be exempt from any liability that may derive from the misuse of the usernames or passwords by unauthorized third parties.
3. Once BACKHOME receives your order, a message shall appear on the screen with your order number and all the respective details. Your order is confirmed once you select the button “Print Receipt” at the end of the purchase process. The purchase process is finalized at that moment. We suggest you print the receipt or download it for future reference. An order confirmation is also sent to your email.
4. By sending the order form, you accept the general sales conditions, as well as other existing conditions in www.backhome.online, including the general terms and conditions of use.
G - RIGHT TO NOT ACCEPT THE ORDER OR TO CANCEL THE PURCHASE
1. BACKHOME reserves the right to refuse any order, for any reason. It also reserves the right to cancel any purchase (even if it was already accepted), in the following situations (among others), exempted of any liability for any damages or costs:
a) The invoicing information is not correct or verifiable;
b) The price of the order has not been carried out successfully;
c) The order is signalized by BACKHOME’s safety system as an incorrect order, or an order susceptible of fraud;
d) The transfer for the payment of the order has not been received by us within 3 days after the acceptance of your order;
e) If BAKCHOME believes you are underage;
f) If it is not possible to deliver at the provided address.
2. BACKHOME reserves the right to limit the maximum amount of purchase.
H - PRICE AND SHIPPING COSTS POLICY
1. The retail selling prices (RSP) in the online store are presented in euros (EUR) or another currency, provided it is available on the online store, and include the VAT at the legal rate in force.
2. Whenever there are discounts, sales, or clearings, they are duly identified as such, as well as their validity dates, together with the percentage of discount applied.
3. The total price specified in the final menu includes taxes, shipping costs and/or other services ordered by the user. The prices are stated on the purchase confirmation, which you can print or download for future use.
4. The user must only pay the exact amount specified in the order confirmation and carry out individual payments for each order.
5. BACKHOME reserves the right to modify the sale prices at any time. Such modification will be carried out under the terms of the legislation in force.
6. The prices shown at the moment of the purchase are the prices applied to said purchase.
7. The sale prices listed in the purchase order are valid between the date of the order and the date of the effective delivery, regardless of the possible positive or negative variations of the RSP’s and of the discount campaign carried out by BACKHOME for the same articles within that period of time.
8. BACKHOME points out that, even though the online store is updated with the utmost attention, the information regarding prices may exceptionally contain mistakes. BACKHOME does not commit to the offer and reserves the right to cancel your order, in case such mistake should occur.
I - PAYMENT METHOD
1. BACKHOME puts at the user's disposal the following payment methods:
a) “Multibanco”: once the order is finalized, the user shall carry out the payment using an ATM or Home Banking as soon as possible, so as to ensure that the stock remains available. You must use, to this end, the data that are provided to you at the end of the purchase process. The orders paid by “multibanco” will only be processed once the payment is confirmed.
b) Paypal: to do so, the user must have previously created an account to this effect. If the user chooses to carry out his/her payments by Paypal, the website carries out the transaction through Paypal’s digital payments gateway.
d) Credit Card.
2. BACKHOME does not accept any other payment method besides those that are here mentioned.
3. The user has a 3-day deadline from the moment the order is finalized in the online store to carry out the payment. If, at the end of this deadline, BACKHOME does not receive the payment, the order shall be cancelled.
J - RESERVATION OF OWNERSHIP
BACKHOME has the ownership of the products until it successfully receives full payment of all these products.
K - SHIPMENTS AND DELIVERY OPTIONS
1. The user selects the type of transport based on the options presented by Backhome, that seeks to ensure that the products are delivered in good condition. In any case, as soon as you receive your order, we recommend the verification of its condition before signing the courier’s note.
2. For the purpose of these Terms and Conditions, we shall consider the order as delivered from the moment the user, or any third party designated by him/her, takes physical possession of the products, which will be confirmed by the signing of the order receipt at the agreed upon delivery address.
3. At the moment of the delivery, the user must inspect the package so as to determine the existence of possible damage. If he/she verifies that the products are damaged, the user must photograph it and decline the delivery of the order, which shall be returned. BACKHOME will carry out the reimbursement of the amounts paid for the order and its transport as soon as it receives and completes the return process.
4. Any complaint of non-reception of the order must be carried out within 30 days from the date the order was placed. After said period, BACKHOME shall not be liable for its loss.
L - DELIVERY DEADLINES
1. In the case of Continental Portugal, the delivery of the order is usually carried out within 10 business days (provided all the articles of the order are available in stock). For the remaining markets, the delivery deadline can be greater.
2. BACKHOME is not liable for the non-compliance, or delay in compliance, with any obligation arising from an event of force majeure, in other words, an event, act or omission, that escapes its reasonable control (Event of Force Majeure - that includes any event, act or omission, that escapes the reasonable control of the “Seller”).
3. In case of failure to deliver for reasons attributed to the user, BACKHOME may charge storage costs, as well as transport costs, counted daily until the effective delivery date, up to a maximum of 90 days, from the date the order was placed. After this period, the value paid by the user goes to BACKHOME and the user loses the right to claim his/her order.
M - LOGISTIC ASPECTS OF THE DELIVERY
1. The user must ensure that the delivery location is clean and unhindered. The delivery service does not include any type of removal or disassembly of existing materials in said location.
2. Whenever the object that must be delivered does not fit through the accesses, the delivery shall be carried out at the ground floor of said address.
3. If the delivery services verify a high risk of damage in the transportation of the article to the delivery location, BACKHOME or the transport company may advise against its execution. In this case, if the user wishes to ignore said advice, the transportation shall occur at his own risk and liability, and BACKHOME shall accept no costs arising from damages that may occur.
4. BACKHOME may deliver the merchandise to a different address than the one stated in the invoice or indicated by the user, with express indication of the latter, the delivery to the user being then considered as carried out for all legal purposes.
N - LEGAL AND COMMERCIAL GUARANTEES
1. According to the Portuguese Decree-Law nº67/2003 of April 8th, all the products have a warranty period defined by the manufacturer which, in legal terms, has a minimum duration of 2 (two) years. This period is calculated from the invoicing date of the product and can only be valid provided the duly filled certificate of warranty and/or the sales receipt (invoice) is presented.
2. Are considered out of the scope of the warranty conditions the products that exceeded the period defined by BACKHOME or legally established, or presented defaults caused by an unusual wear, improper installation, bad weather, electric discharges, negligence or accidents, bad handling, humidity/liquids infiltration, use of non-original accessories.
3. For any question, complaint or information request, you may contact our after-sales service through the email: email@example.com.
O - RETURNS AND CANCELLATIONS IN THE ONLINE STORE
1. Cancelling the order before shipment:
a) You may cancel your order within 48 hours, provided your merchandise has not left our warehouses. To do so, you must contact us using the email firstname.lastname@example.org stating the order number, the reference of the product and the reasons for the cancellation.
b) If your order is already in transit (in other words, if the merchandise has already left our warehouses), the cancellation will be handled as a return and the user shall have to pay the costs associated to it.
2. Right of withdrawal (Free termination):
a) Pursuant to article 10 of the Portuguese DL nº24/2014, of February 14th, if the user verifies that the product does not correspond to his/her expectations, he/she may return it within a maximum of 14 (fourteen) days from its reception, without needing to give a reason.
b) We do not, however, accept returns of: any product that was completely or partially assembled, altered and/or used;
c) For the return by free resolution, the product must remain in its original packaging and include all the accessories and instructions of use that come with the product.
d) The return may be carried out through the online store, by sending an email to email@example.com. It is important to always enclose a copy of the invoice as well as pictures that prove that the article has not been assembled and is intact, as well as its packaging. BACKHOME has up to 24 hours to confirm the reception of the resolution statement in a durable medium. Our services will contact you later to decide on the process of purchase contract termination.
e) In this case of free termination, the return costs are always the responsibility of the user (even if the order was placed during a discount period where shipping was free). In other words, the return cost will be equivalent to the shipping expenses without any type of discounts or sales.
f) The reimbursement, when applicable in case of free termination, will be carried out after the validation of the compliance with the previously described return conditions, BACKHOME having a deadline of up to 14 (fourteen) days to this effect, from the moment it receives the returned articles. The reimbursement is carried out in the same method of payment chosen for the purchase (if the user pays using a “multibanco” reference number, he/she shall have to provide his/her bank data to our customer service upon the opening of the return process). Please take into account that it may take some time before the transfer actually appears on your bank account, this fact depending on the method of payment.
3. Return/exchange due to a manufacturing defect.
a) The user has the right to return the delivered products if he/she verifies that they have defects or other non-conformities compared to the ordered products.
b) Should he/she receive any product with defects, or missing pieces, the user must act in one of the following ways: communicate it to BACKHOME through the contact form available in our online store or by email with confirmation of delivery and reading within 30 (thirty) days from the reception of the order, explaining the occurrence, presenting the invoice and the reference of the product.
c) After being contacted by the user, and if the complaint is justified, BACKHOME will analyse the case and determine whether to carry out a replacement of the product, of the pieces, or any other type of solution.
d) BACKHOME points out that it will not be possible to process the return if the damaged product is totally or partially assembled, altered, and/or used. In that case, we shall only send the missing pieces, or replace the defective pieces.
e) Should BACKHOME authorize the return of the article, it should be returned integrally in its original packaging and with all the existing pieces. If the user uses another type of packaging that does not ensure the perfect condition of the product during transport, our services reserve the right to decline the return.
f) Should the product present a manufacturing defect, the cost of transport associated with the return of the merchandise is the responsibility of BACKHOME. The reimbursement, when applicable will be carried out after the validation of the compliance with the previously described return conditions, BACKHOME having a deadline of up to 14 (fourteen) days to this effect, from the moment it receives the returned articles. The reimbursement is carried out in the same method of payment chosen for the purchase (if the user pays using a “multibanco” reference, he/she shall have to provide his/her bank data to our customer service upon the opening of the return process).
4. Return/Exchange for damages caused by transport:
a) Upon receiving the product(s), the user must always verify if the packaging and the general state of the article are in perfect conditions. Should you notice that something is damaged, you may refuse the delivery or, if you accept it, write imperatively on the merchandise reception document of the courier, all the evidence found, under penalty of the claim being later on declined by BACKHOME. It is of the utmost importance that the user mentions any potential fact in this reception document, to avoid a possible complaint as well, since it is the only way the courier will be able to activate the transport insurance.
b) If the user wants to issue a complaint for damages on the product caused by transport, he/she has 48 hours from the date of its reception to do so. After this period, BACKHOME shall not be liable for any damages that may have occurred during transport.
c) After analysing the case, BACKHOME shall contact the user to determine whether to carry out the replacement of the product, a reimbursement, or another type of solution. The reimbursement, when applicable, will be carried out after the validation of the compliance with the previously described conditions, BACKHOME having a deadline of up to 14 (fourteen) days to this effect, from the moment it receives the returned articles. The reimbursement is carried out in the same method of payment chosen for the purchase (if the user pays using a “multibanco” reference, he/she shall have to provide his/her bank data to our customer service upon the opening of the return process).
P - COMPLAINTS
All complaints can be carried out through the Electronic Complaints Book.
Q - USER SUPPORT
For more information, you may contact us through our contact form or through the email firstname.lastname@example.org.
R - DISPUTES RESOLUTION
1. For any dispute that may arise from the application of these Terms and Conditions, the user may resort to the Entities of Consumption Disputes Alternative Resolution that resolve disputes through mediation, conciliation, and arbitration procedures, outside of the courtrooms. The customer has at his/her disposal:
a) Centro de Arbitragem de Conflitos de Consumo de Lisboa - http://www.centroarbitragemlisboa.pt/
b) Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral - http://www.triave.pt/
c) CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) - http://www.ciab.pt/pt/
d) CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo - http://www.arbitragemdeconsumo.org/
e) Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra - http://www.centrodearbitragemdecoimbra.com
f) Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve - http://www.consumoalgarve.pt
g) Centro de Informação de Consumo e Arbitragem do Porto - http://www.cicap.pt
h) Plataforma Europeia de Resolução Litígios em Linha - https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
S - JURISDICTION
In case of dispute arising from the interpretation, validity and execution of these purchase conditions, as well as the execution of the contracts with the users, the “Tribunal Judicial da Comarca do Porto” is competent to settle the conflict.