General Terms and Conditions


We make every effort to ensure that our General Terms and Conditions of Business are as easy to understand as possible. However, if you should have any queries concerning the Conditions, please do not hesitate to contact us.

The object of the Undandy brand is to trade shoes, clothing and lifestyle accessories of all kinds. When you purchase a product from Undandy, the following General Terms and Conditions of Business come into force between you, the customer and Undandy LDA., the seller. By placing an order, you agree to these conditions. If you have queries concerning our General Terms and Conditions of Business, please contact us before the completion of your order at the following e-mail address: [email protected]. Your statutory rights are not thereby prejudiced.

Individual contractual agreements have priority over these GTC. General terms and conditions which are in deviation from and/or are in conflict with and/or are complementing these GTC will not become part of the agreement, if not expressly agreed in their validity.

The following GTC in their respective current version at the time of the order do always and with no exception shall be applicable for all shippings and performances by Undandy.

The GTC shall be applicable for all shippings to the countries named in section 6. You will receive the following GTC additionally with the e-mail confirming your order.

Undandy reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor’s business policy.

The "Consumer" should undertake to provide correct and accurate e-mail, or other contact details to the "Vendor" and acknowledge that the "Vendor" may use these details to contact you in the event that this should prove necessary.

 

1. Conclusion of contract

1.1. By ordering via the website the customer does make a binding offer to enter into a contract regarding the merchandise individually indicated by him. Undandy only sells to end consumers for private use only in small amounts suitable for an average household. The contractual language shall be English.

1.2. We receive your orders automatically by our shop system. The receipt of the order will always be confirmed immediately. We ask you to notice that the mostly automatically generated confirmation of receipt itself does not already mean an acceptance of the order, but only indicates that we have received the order and it will be processed. Because of this we will accept your order separately, however, for reasons of simplification and quickening, we reserve to combine the acceptance with the confirmation of receipt meaning that in this case you will receive both declarations simultaneously.

1.3. We are entitled to accept your order and herewith your offer within 5 days (from Monday to Friday, excluding public and religious holidays) by sending the ordered merchandise within this period and to accept your offer by doing so.

1.4. To provide a better and safer proceeding it is necessary that all data provided by both parties are correct. We like to ask you to double-check thoroughly all data of your order before transmission. That is the only way to avoid largely errors, that possibility may not be recognized by our system.

1.5. The GTC are available to be printed out.

1.6. Contracts in our Internet shop may currently be concluded solely in the English  language.

1.7. Unless it has been agreed or announced to the contrary, our promotional offers shall be subject to confirmation.

1.8. By clicking the button, you are sending us a binding offer to purchase the goods contained in the shopping cart. The confirmation of receipt of the order shall follow immediately after the order has been sent. This offer to purchase shall be accepted by a confirmation e-mail ("Confirmation of order").

1.9. Under reserve of his already existing right of revocation in consumer orders the customer is bound to his order for at least five days.

1.10. The representation of the products in the online shop does not constitute a legally binding offer, but illustrates a non-binding online catalogue. By clicking the button you are sending a binding order for the goods contained in the shopping cart. The Confirmation e-mail shall follow immediately on the transmission of the order.

1.11. For purchases from the online shop at www.undandy.com the following provisions also apply: Please note that goods ordered in advance (reservation) shall not be delivered until the total payment amount has been credited to our account. If, despite being in default of payment even after receipt of a payment reminder (which is usually sent 14 days after the dispatch of the Confirmation e-mail), you have not made payment within three weeks of the dispatch of the Confirmation e-mail, we shall be entitled to withdraw from the contract with the consequence that your order becomes invalid and we shall not be obliged to supply the goods. In this case the order is deemed to have been fulfilled on both sides without further consequences. Therefore it is possible to reserve goods only for a maximum of three weeks.

 

2. Saving of and access to the wording of the contract

2.1. You may review these General business Terms and Conditions with the contractual conditions included in them on our shop site, www.undandy.com. You can print out or save this document by using the customary functions of your Internet services programme (=browser: usually "File" -> "Save as"). You may also download and archive this document in pdf. format by clicking here. To open the .pdf file you need the free Adobe Reader programme (obtainable at www.adobe.com) or a comparable program, which will allow you to read files in pdf. format.

2.2. In addition, you can simply save the details of your order by either saving the data summarized on the last pages of the order process in the Internet shop with the aid of your browser functions or by waiting for the automatic confirmation of receipt of order and of contract ("Confirmation e-mail"), which we will send on the completion of your order to the e-mail address you have provided. This Confirmation e-mail will once again contain the details of your order and these GTC and is easy to print out or to save using your e-mail program.

2.3. Your order data will be stored by us, but for reasons of security you will not be able to call them up directly. For each customer we offer a password-protected direct access ("My User Account"). Here you can administer and save relevant data concerning your completed, open and recently transmitted orders and your address data, bank details, if you have given them, and an optional newsletter. The customer shall be obliged to treat personal access data in confidence and to refrain from making them accessible by third parties.

 

3. How to order

3.1. You need an e-mail address to place an order, and you need to set your browser to accept both cookies and pop-ups in order to make full use of the Websites, which includes designing items, adding items to your Basket and checking out from our website.

3.2. Placing an order on the Websites is easy:

i. Find the products you want;

ii. Add the products to your basket;

iii. Customize them as you see fit;

iv. Proceed to checkout;

v. Select delivery and billing options;

vi. Review your order;

vii. Submit your order;

viii. Receive an online order confirmation.

3.3. You are bound by your order once you have clicked the "Checkout" button at the end of the ordering process. By clicking the "Checkout" 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.

3.4. A copy of the automated order confirmation will be sent to your e-mail address. We strongly suggest that you print or download this copy for future reference.

3.5. We explicitly reserve the right not to accept your order, or to cancel the purchase agreement after the automated order confirmation.

3.6. By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on www.undandy.com, also through links, including the General Terms and Conditions of Use, Privacy Policy and Return Policy.

3.7. The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof.

3.8. If the products displayed on www.undandy.com are no longer available at the time of your last access or once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after the Vendor has received your order.

3.9. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.

3.10. We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:

i. * the product is not available / in stock (any payments will be refunded);

ii. * your billing information is not correct or not verifiable;

iii. * your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;

iv. * your bank transfer payment is not received within 5 days after acceptance of your order;

v. * we have reason to believe you are under 16;

vi. * we have reason to believe that you are a reseller;

vii. * there was an error in the price quote;

viii. * we could not deliver to the address provided by you.

3.11. Data check

i. When you send us your order, we may run some checks on it before it is fulfilled.

ii. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud will be investigated and if necessary prosecuted. By submitting your order, you agree to this.

 

4. Shipping and Delivery

4.1. The shipment of the merchandise will be carried out to all countries named in section 4.2. In the event not all of the ordered goods are on hand, we are entitled to perform the delivery in installments on our costs, as far as the delivery installments are reasonable for you.

4.2. All shipments are charged with general shipping costs. You can see all delivery charges on the detailed product pages, check out system and the order page as well. We divide the shipping to countries from the EU, for all other destinations please contact us at [email protected] 

 

4.3. We deliver products from Monday through Friday. We do not ship on certain public Holidays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the Shipping section of the relevant Website.

4.4. The "Vendor" 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).

4.5. Where possible, we try to deliver in one go. However, we reserve the right to split the delivery of your order, for instance (but not limited to) if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at purchase.

4.6. Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. We will refund the purchase price and all delivery costs as soon as the warehouse has handled your return. Please also note that you should inspect the products within a reasonable time after their receipt. You will be deemed to have accepted the products unless you have notified us within 30 days after receipt of the products that they are rejected.

4.7. Business is conducted and deliveries are carried out strictly in accordance with the current GTC. General Terms and Conditions of business which contradict or deviate from the following conditions shall not apply.

4.8. Insofar as these Terms and Conditions of Business refer to consumers, these are deemed to be natural persons, who have not ordered the goods in pursuance of its commercial, independent or free-lance activity. However, in the case of dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person’s trade and the trade purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered as a consumer. Traders are natural or legal persons or business partnerships with legal capacity, who order goods for commercial, independent or free-lance purposes. Customers within the meaning of these Terms and Conditions of Business include both consumers and traders.

 

5. Supply of "configured" products

5.1. Our hand finished ("configured") shoes are usually delivered within approximately 5 to 10 working days. However, the delivery period cannot be guaranteed. Increased demand, problems in procuring materials or other unforeseeable events can delay delivery in certain cases. We do everything in our power to honour deadlines.

5.2. Where working days are quoted as deadlines, this means all the days of the week with the exception of Saturdays, Sundays and statutory public holidays.

5.3. Since leather is a natural product and tanning is an individual process, which varies from skin to skin, we draw your attention to the fact that the "configured" shoe is not always of the same colour as that which is delivered to the customer. Slight variations in colour can arise in this process. We undertake to do all in our power in this case to avoid variations.

 

6. Availability

Fulfillment of all orders on the Websites is subject to availability. We try to ensure that all items offered for sale are in stock. However we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such event we will inform you by e-mail and any payments will be refunded.

 

7. Reservation of title

7.1. Ownership of the merchandise will not pass to the purchaser until payment is made in full.

7.2. Any pledging, transfer by way of security, processing or deformation is not allowed without our expressive consent.

 

8. Payment

8.1. All prices shown contain the statutory VAT as well as all other price components without the respective shipping costs.

8.2. An updating of our web page will invalidate all previous prices and other declarations. Only the respective version effective in the time of the order shall be decisive.

8.3. The payment of the merchandise ordered with us will be by direct debit, payment in advance, Pay-Pal, instant bank transfer or via credit card. We like to notice that we will debit your account or your credit card immediately after the receipt of order. You shall agree to receive invoices and credits exclusively in electronic form.

8.4. Order Security, undandy.com uses a secure technology, one of the most robust encryption platforms available. Your payment information will be encrypted from the moment you enter it until your transaction is processed, and will not be saved on a public server. Although we use encrypted security software, the security of information and payments transmitted by the Internet or via e-mail can’t be guaranteed. Undandy, LDA shall not be liable for any damages suffered as a result of the use of electronic means of communication, including – but not limited to - damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

8.5. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action Payment processing. In case of payment by Credit Card, all details (for example, Card Number or Expiration Date) will be sent by encrypted protocol to the company that provide remote electronic payment services, without third parties having any access there to whatsoever. Such details will not be used by Undandy, LDA except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the relevant shipping costs, as indicated in the order form, will be charged to your current account when the purchased products are actually shipped.

8.6. If you pay by Bank Transfer, we will start delivery after we receive your payment. This may take several days. In the event that no payment has been received within 6 calendar days after you submitted your order, your purchase will be cancelled.

8.7. Payments can only be processed if the billing information can be verified.

8.8. In the event of a return debit note, resulting from your fault, we charge a service fee of 10,00 EUR. You are certainly able anytime to proof that the charges were lower in the respective individual case. In this event you are only obliged to pay the lower sum.

8.9. Customer account credit. You are not entitled to cash redemption for any credit on your customer account and credit on your account it must not be transferred to third parties.

8.10. In the event of an unauthorized denial of acceptance of the merchandise shipped by us, we will charge the occurring costs, however at least 10,00 EUR. Our right to demand performance of the contract remains unaffected. You are certainly able anytime to proof that the charges were lower in the respective individual case. In this event you are only obliged to pay the lower sum.

8.11. You are only entitled to offset claims if your counterclaim has finally established by court, is undisputed or accepted by us in writing.

8.12. You are only entitled to exercise your right of retention if the existing counterclaim results in the same contractual relationship. If that is not the case, such right of retention to be exercised by you is regarded as excluded.

8.13. We shall not accept procurement risks, nor shall we enter into a sales contract concerning unascertained goods. We are obliged to deliver solely from our stock of goods on hand and to deliver goods ordered by us from our suppliers.

8.14. In the event that the delivery period is adversely affected by circumstances caused by force majeure it shall be extended by a commensurate period. Force majeure includes strikes, lock-outs, administrative intervention, scarcity of energy and raw materials, transport bottlenecks and operational hindrances, for which we are not responsible.The start and end of hindrances of this type shall be notified to the customer without delay. If the hindrance in providing the service in the foregoing cases exists for longer than 4 weeks, the customer shall be entitled to withdraw from the contract. Further claims, in particular, claims for damages shall be deemed not to exist in this case.

8.15. Payment on receipt with BillSAFE

i. BillSAFE data protection policy. BillSAFE is a service provided by PayPal, which relies on the valued trust of its customers and vice versa. The protection of your personal data is therefore of great importance and concern to us. You should know at any time how we protect your data and what happens to your data. Therefore, we will explain below how the data collection and storage works and how we ensure the protection of your personal data.

ii. What data is sent to PayPal? In order to process the payment once the order has been placed, PayPal requires some information, such as your name or address. This data obtained by the seller or PayPal is collected from you in a special online form. Basically, the customer data that is passed on to Paypal corresponds to the data that you submitted during order process with the merchant.

iii. Transfer of data to third parties. PayPal sends your information to credit reporting agencies to obtain a credit report to assess the risk of liability. More information can be found here in German: www.billsafe.de/privacy-policy/credit-check. For a detailed description of the disclosure of data to third parties, see the privacy statement.

iv. Privacy Statement. You can view our privacy policy at any time via the following link: www.billsafe.de/privacy-policy/buyer.

 

9. Conditions applicable to Promotion Codes (DISCOUNTS)

9.1. When used according to its terms, a promotion code entitles the user to a one-time promotion/discount relating to the purchase of an individual products or to an order of more than one product during the period indicated with the relevant promotion code.

9.2. Promotion codes can be used only in direct connection with online purchasing on the Websites. You cannot sell, barter or give away a promotion code. You cannot upload or make available a promotion code on any website or through any other public offer, give away, sale or barter. You cannot use promotion codes for commercial purposes.

9.3. The promotion code is connected with the Undandy brand. You cannot use the promotion code in connection with any other brand, company or name or use the promotion code in any unlawful, improper or disrespectful manner or in any other way that may harm Undandy, LDA reputation.

9.4. Only one promotion code can be used per product and per order. Promotion codes cannot be combined with any other special offer or promotion.

9.5. Promotion codes are not exchangeable for money.

9.6. Undandy does not have any obligation to re-issue or refund promotion codes. However, should Undandy, LDA decide to re-issue or refund a promotion code, it needs your promotion code to do so. So please retain a copy of your promotion code, otherwise it will not be reissued or replaced in the event of loss.

9.7. In cases where Undandy, LDA reissued / refunded a promotion code, it may only be applied in a purchase of equal or superior value to that which generated the code.

9.8. Without prejudice to any other rights Undandy, LDA may have, Undandy, LDA is entitled to immediately invalidate a promotion code in the event Undandy, LDA has reason to suspect that a promotion code is used in violation of the above or otherwise misused or in the event Undandy, LDA has other reasons to do so.

9.9. Voucher conditions

i. Vouchers are valid for the period stated and can be redeemed only once in the course of an order transaction.

ii. The credit on a voucher cannot be transferred to a third party.

iii. The value of the goods must be at least equivalent to the voucher amount. For administrative reasons it is not possible to reimburse any credit balance remaining on the voucher.

iv. The credit on a voucher shall not yield interest; neither shall it be exchanged for cash.

v. You may not use more than one voucher in any given transaction.

vi. If the credit on a voucher is not sufficient to pay for the order, the difference can be settled by the payment methods offered above.

vii. The voucher shall not be reimbursed, if goods have been returned in whole or in part. Insofar as the voucher has been issued as part of a promotion no consideration will be provided for it.

viii. Gift vouchers and credit can be redeemed only before the completion of the order process. Gift vouchers and credit cannot be redeemed subsequent to a transaction.

9.10. E-GIFT Terms and Conditions

i. The e-gifts acquired and issued through our online store are only for use in www.undandy.com.

ii. Following the acquisitions or issue of e-gift, the same is not redeemable for cash and cannot be reimbursed by any other type of payment (wire transfer, Visa/MasterCard or PayPal).

iii. In case of refund, if you chose for the reimbursement with e-gift method, it will be sent to the e-mail filled in on your order, so when the compliance of the articles were validated at our warehouse.

iv. The e-gift generated as part of a return it is not convertible to cash or the same payment method used by the customer in the original order.

v. Orders reimbursements paid with e-gifts will always be returned by the same method with another e-gift.

vi. An e-gift can be used for purchases with the same value, superior or inferior of your sale. If the value of your purchase is superior than your sale, the system will require the payment of the remaining amount. If the value of your purchase is inferior than the sale of your e-gift it will be keep the surplus value. Your e-gift can be used while you have sale in it.

vii. You are able to use more than one e-gift in the same order.

viii. The e-gifts acquisitions are not combinable with campaigns, discounts or promotions.

ix. The use of e-gifts is valid in any article and combined with campaigns, discounts and promotions.

x. Only registered customers are allowed to use e-gifts.

 

10. Agreement about the exercise of the right of withdrawal by consumer

10.1. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

10.2. To exercise the right of withdrawal, you must inform us www.undandy.com or to Undandy LDA Rua da Boavista 355 4050-107 Porto,
Portugal or to +44 20 3286 0113

10.3. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

10.4. Effects of withdrawal

i. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

ii. We may withhold reimbursement until we have received the goods back. You shall send back the goods, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

10.5. Returns and Cancellations

i. Cancelling order before delivery, you may cancel any order, provided it has not yet been shipped. If you have submitted an order and wish to cancel, please check the status of your order first by visiting the My Account link at the top right of the relevant Website. If the status of your order is Register we might still be able to cancel your order so contact our call centre (see help section of relevant website) to request an order cancellation. Our Customer Care service will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation was not possible, the products will be delivered to you, which you will need to refuse upon receipt. The products will be returned to us and your money will be refunded.

ii. Defective product returns, you are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 2 months after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return and on refund information see the Help/FAQ's section of the Website.

iii. Returning products for whatever reason, if you are for whatever reason not happy with the products you ordered, you may return the products delivered to you within 30 calendar days after delivery, as long as:

10.5.iii.1. the products are unwashed and not used in any way (you are allowed to try garments or shoes on for fit, unless we have indicated otherwise - but you cannot wear them);

10.5.iii.2. the product is in its original, undamaged packaging (a carefully opened package will not be considered damaged);

10.5.iii.3. the product is complete: e.g. both items of a pair must be returned.

10.5.iii.4. the product was not engraved, as this marks the product as sole possession of the customer.

iv. You cannot return:

10.5.iv.1. engraved products, as this marks the product as sole possession of the customer.

10.5.iv.2. products that have been tampered;

10.5.iv.3. Returning gifts, at the moment, we cannot offer a product return to the person who has received it as a gift. In order to return the product, please contact the person who purchased the product for you and ask them to follow the procedure for returning orders as stated in Returns Policy.

v. Product exchange or sizes

10.5.v.1. To exchange an article for another or exchange the size please see how in Returns.

10.6 Refund information

i. In the event you return goods because they are defective or otherwise not in conformity with your order, we will pay for the ship-to and return-shipping costs. In the event you return goods for reasons other than defectiveness or non-conformity with your order, Undandy, LDA does not refund the shipment cost. In practice, when returning, you will use our logistics provider. As the costs incurred by us for these return shipments are equal to the costs of sending the goods to you, we will not refund the costs you originally paid for delivery.

ii. Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give your bank details to Customer Service when you initiate the return so that we can refund the money directly to your account. You will receive your refund after the product has been returned and processed.

iii. For practical information on how to return and for refund timelines, see the help section of the Website. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay.

 

11. Warranty

11.1. Quality and Guarantee

i. Undandy, LDA does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. The main characteristics of products are shown on www.undandy.com on each product page. The products offered for sale on www.undandy.com may not exactly correspond to the real garments in terms of image and colors due to the Internet browser or monitor used.

ii. All products come with an identification tag. Do not remove the tag from the purchased products should you wish to return the purchased product.

iii. Should you decide to exercise your right to return purchased products, the Undandy, LDA has the right to not accept returned products that are returned without the corresponding tag or that have been altered from their original status or damaged.

iv. If the dimensions or the design of the "configured" products are not in conformity with the order, we shall offer you a new component or you shall receive a credit in the form of a voucher on your customer account.

11.2. Your satisfaction as a customer is our highest priority. You can contact us at any time by e-mail to [email protected] or by post to the address given below. We shall make every effort to examine your request as rapidly as possible and for this purpose shall contact you on receipt of the documents or your request or complaint. However, please be patient, since in warranty issues it is often necessary to consult the manufacturers. It will help us greatly, if you have a complaint, if you can describe the nature of the problem as accurately as possible and, where appropriate, send us copies of the order documents or at least the order number, customer number etc. If you have received no reply from us within 5 working days, please contact us again. Occasionally e-mails remain in spam filters in our system or in yours or a message sent by another means has not reached you or has inadvertently been overlooked.

 

12. Liability

12.1. Undandy, LDA shall only be liable for damages suffered by you in the event such damages result from attributable breach by Undandy, LDA of its contractual obligations towards you, or in the event Undandy, LDA liability follows from applicable statutory law.

12.2. In the event you have suffered damages in relation to our activities on the websites, our liability will be limited to:

i. Damage to the Undandy products or to other materials;

ii. Reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under;

iii. The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.

12.3. 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.

12.4. We are not liable for damages as a result of incorrect information on the Websites.

12.5. In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.

12.6. Even though Undandy, LDA has composed the Websites with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. Undandy, LDA shall not be not liable for any damages resulting from the use of (or inability to use) the Websites, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result of any willful misconduct or from negligence on the part of Undandy, LDA.

 

13. Trademarks and Copyright on the Website(s)

i. All brand names, product names and titles used on the website are trademarks or trade names of Undandy, LDA or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks or trade names as this may constitute an infringement of the holders' rights. All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are the copyright of Undandy, LDA or its suppliers. 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 republication. Should you wish to use materials or information from this Website, you need to obtain a prior written consent from us.

 

14. Final provisions

14.1. Portuguese law applies for the execution of contract and the contract execution process of all contracts. This only applies if and to the extent that it would not deprive the customer of the protection granted by mandatory legal provisions under the laws of that country in which the customer usually resides. The provisions of the UN Convention on Contracts for the International Sale of Goods do expressly not apply here.

14.2. Should one or more provisions of the present GTC become invalid, the contract as a whole shall not be affected. The provision rendered invalid shall be replaced by the effective statutory rule.

14.3. Applicable law, Court of jurisdiction

i. These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Websites shall be governed by Portuguese Law.

ii. In commercial transactions with traders and with legal entities under public law our registered office shall be agreed as the Court of jurisdiction for all disputes concerning these Terms and Conditions of Business and individual contracts concluded within their scope, including legal actions brought concerning bills of exchange and cheques. In this case we shall also be entitled to bring an action at the business domicile of the customer.

14.4. Amendments to the General Terms and Conditions of Business

i. We shall be entitled to amend these General Terms and Conditions of Business unilaterally insofar as they have been introduced into the contractual relationship with the customer, insofar as this is required to remove subsequently emergent disruptions of the equivalence mandate or to adapt to a changing legal or technical environment We shall notify customers of any amendments by sending them the full contents of the amended provisions. The amendment shall become a component of the contract, unless, within 6 weeks of the receipt of the notification of amendment, the customer communicates to us in written or textual form his objection to the inclusion of the amendment into the contractual relationship.

14.5. For the conclusion of contracts exclusively the English language is applicable.