Terms and conditions

Website Terms and Conditions

1. Use of the service

The online store of the https://www.homebykirsty.com/ website (hereinafter “Website“), a website owned by Decorkris – Casa e Decoração, Lda, a company with headquarters in the Monte Galé Urbanization, Lote 6, Vale Rabelho, 8200 – 428 Guia ABF, registered at the Commercial Registry of Lisbon, with the registration and identification number of Legal Person 516 537 610, with a share capital of 5,000.00 € (five thousand euros), contactable through the telephone number +41.79.358.43.35 (call to mobile network  abroad – Switzerland) and the e-mail address info@homebykristy.com, (hereinafter referred to as “Home by Kristy“), is governed by the Terms and Conditions set forth herein, which the Customer agrees to abide by.

If there are compelling reasons, these Terms and Conditions may be amended. The User hereby accepts that legal, technical or commercial reasons affecting Home by Kristy shall be considered as reasonable reasons for the amendment of these Terms and Conditions. If the User does not accept the modified Terms and Conditions must stop using the Website.

The User should consult these Terms and Conditions frequently and check compliance with them when using the Website, confirming the date of the last version at the end of this document.

2. Prices and products

The catalogue prices of the Website are expressed in euros and include VAT at the legal rate in force at the time of purchase, to which the cost of delivery must be added.

To the fullest extent legally permitted, the prices and product specifications contained on this Website may be changed by Home by Kristy without notice.

3. Placing an order

The possibility of placing orders in the online store on the Website is not limited to any territory of the World. Orders for delivery in PO Boxes will not be accepted.

The products presented in the online catalogue are limited to the existing stock. In the event that any item is not available, Home by Kristy will inform the Customer as soon as possible, but never beyond the maximum period of 30 days.

For some products, duly identified, the order may be limited to a certain number of copies.

4. Delivery of the order

All orders confirmed by Home by Kristy will be delivered to the address indicated by the Customer for the delivery of the order.

Depending on the carrier used by Home by Kristy, after the confirmation of the order, in principle, you should receive an email informing you that your order has already been picked up by the carrier at our facilities. In the same email you can check the tracking number (to be able to monitor the order).

It is up to the Customer to verify the quantity and condition of the goods at the time of delivery.

Carrier : DPD

5. Delivery time to point 4

The expected delivery time is 3 to 5 working days for mainland Portugal, 7 to 8 business days for Madeira Island, 8 to 9 business days for Porto Santo Island, 8 to 11 business days for São Miguel Island, 9 to 14 business days for Santa Maria Islands, Terceira, Faial, Pico, Graciosa and São Jorge and 10 to 17 business days to the islands of Corvo and Flores.

In the event that the same order includes items subject to different delivery periods, the delivery period for the entire order will be that of the item with the longest delivery period.

In the event that we run out of stock, the Customer will be contacted by e-mail about the new expected delivery date and will decide whether to keep or cancel the order.

The predictable time for the delivery of the goods is defined in the information associated with each product.

Additional information on delivery times can be requested by calling +41.79.358.43.35 (call to mobile network  abroad – Switzerland), on weekdays between 09:00 and 19:00, or by e-mail:     info@homebykristy.com.

6. Payment methods

The Customer may make the purchase using the Multibanco reference, by card (Visa; Visa Electron; MasterCard; Maestro), PayPal or MBWay.

In the case of payment via PayPal you can pay quickly and securely with your PayPal account or your credit card, without exchanging financial information with the current website.

In case of payment by Multibanco, the reference will be available for a period of 3 (three) days. If the payment is not made within this period, the order will be automatically canceled.

In the case of credit card payments, all transactions will be stored by the service provider for eventual consultation by Stripe.

The non-payment of the price of the order implies the non-formalization of the same, which is considered as not carried out.

7. Cancellation of the order

The Customer may cancel the order, provided that it has not yet been processed by Home by Kristy. The cancellation of the order can be formalized through an e-mail sent to the address info@homebykristy.com  or by using the form available on the Website.

The Customer must mention the order number and its tax identification number, under penalty of ineffective cancellation.

8. Refusal of the order

Home by Kristy reserves the right to refuse the order at a time prior to its confirmation, in which case it will inform the Customer in the following cases:

a) Stock outage;
b) Unavailability of the article;
c) If Home by Kristy considers that there has been willful misconduct on the part of the buyer or inaccuracies in the personal data recorded.

9. Commercial or returns policy

9.1 Returns from home

The Customer who qualifies as a consumer for the due legal effects, may exercise his right of free resolution by returning the product within 14 days of its receipt.

To this end, you may communicate this intention to Home by Kristy by sending the Free Resolution template provided in these Terms, or through the email address info@homebykristy.com .

The Customer Support team of the Website will https://www.homebykirsty.com coordinate with the Customer how to proceed with the return of the goods. The costs of returning the purchased products are borne by the consumer, except in case of non-conformity of the product with the contract (in which case Home by Kristy will assume the costs of the return).

In situations where the reasons for the return are not attributable to Home by Kristy, the return will be accepted after verifying that the returned parts and their packaging are in good condition The refund will be made using the payment method used at the time of purchase (within a maximum period of 14 days).

Consequently, Home by Kristy reserves the right not to accept returns of products that do not meet the same conditions of conformity as on the date of their delivery to the Customer (namely products that have undergone any use that goes beyond the careful inspection and maintenance of the product in the legal terms, transformation, damage and / or missing packaging / accessories / extras / label of original elements).

9.1.1. Free Resolution Form Template

(You should only complete and return this form if you want to terminate the contract)

– To [insert here the name, geographical address and email address of the professional]:

-I hereby communicate/communicate (*) that I have resolved/resolved (*) my/our (*) contract of sale relating to the following good/for the provision of the following service (*)

– Requested on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of the consumer(s) (only if this form is notified on paper)

(*) Delete where not applicable

9.2. Legal Guarantee

The products purchased are subject to the legal warranty period of 3 years.

10. Limitation of Liability

We make every effort to ensure that the information presented is free of typographical errors and whenever these occur, we correct them as soon as possible. If the information provided does not correspond to the characteristics of the product, the Customer may exercise the rights described in paragraph 9.

The photographs presented on the Website are merely illustrative. We recommend that you refer to the product features for detailed information.

Despite Home by Kristy’s efforts, some products may be incorrectly priced, so we also check prices when we process orders. If the price of the product is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the Customer by e-mail and await his decision on whether or not to accept the new price or if he wishes to cancel the order.

11. Consumer Conflicts

The Customer may submit their complaints to Home by Kristy via the e-mail address info@homebykristy.com.

You may also exercise your right to complain to an official, third party and impartial to the proceedings (‘dispute resolution body’) which will assist you in resolving the dispute in question. If the Customer – consumer – has been dissatisfied with the purchase of a product on our Website and with the solution presented by us to resolve the situation, you can access the dispute resolution platform of the European Commission, available in https://ec.europa.eu/consumers/odr to explain your case, or you can resort directly to an Alternative Consumer Dispute Resolution Entity, since consumer disputes of low economic value (less than 5,000.00 Euros) are subject to necessary arbitration or mediation when, at the express option of the Consumer Customers, they are submitted to the assessment of an arbitral tribunal attached to the legally authorized consumer dispute arbitration centers.

You can also use the Electronic Complaints Book.

In the event of a dispute, the consumer may have recourse to an Alternative Dispute Resolution Body (ADR).

The consumer can also resolve the dispute through the Online Dispute Resolution (ODR) Platform with access via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT

12. Registration and protection of personal data

When you register to use the Website, we will ask you to create a password. The Client must keep it strictly confidential, not disclosing it or sharing it with third parties. The Customer is fully and exclusively responsible for the use of his password and for any orders placed through its use, even if without his knowledge.

The Customer ensures that the personal data provided is true and accurate and undertakes to notify any changes. Any loss or damage caused to the online store or to third parties, resulting from incorrect or incomplete information in the registration forms, will be the sole responsibility of the Customer.

For more detailed information on how Home by Kristy treats personal data, please refer to the Privacy Policy and the Cookies Policy.

13. Intellectual and industrial property

All texts and images reproduced or represented on the Website are the exclusive property of Home by Kristy and are, as such, strictly reserved to Home by Kristy and protected by copyright and intellectual property rights in relation to third parties.

Any reproduction or representation, in whole or in part, of the Website or of all or part of the elements included therein is strictly prohibited.

The trade names, trademarks or distinctive symbols reproduced on the Website are protected under the laws applicable to industrial property. The reproduction or representation in whole or in part of any distinctive symbol is strictly prohibited.

14. Applicable law and jurisdiction

These Terms and Conditions for online purchases on the Website are governed by the right Portuguese.

If the User acts as a consumer and the mandatory consumer protection provisions of his/her home country are more beneficial to the User, these provisions will apply regardless of the choice of applicable law described above.

Without prejudice to the provisions of clause 11., in mandatory rules of the law applicable to the contracts concluded, the parties agree that any dispute resulting from the interpretation and/or application of these Terms and Conditions, which is not resolved amicably, will be submitted to the jurisdiction exclusively of the courts of the headquarters of Home by Kristy, with express waiver of any other.

By using the online store on the Website, the Customer accepts and agrees to these Terms and Conditions and the Privacy Policy.

Updated 23 June 2023.

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