Terms And Conditions

– Enjoy Your Reading –

Welcome to FUNDERWEAR’s online store. We thank you for visiting our online store, and take the opportunity to inform you that both the access to the online store, aswell as the use of the content and services provided, are activities regulated by these FUNDERWEAR online store’s Terms & Conditions (hereinafter “Terms and Conditions”). We remind you that by accessing our online store and (or) using its services, you are confirming that you are aware and accept these Terms and Conditions, as published on this page. If you choose not to accept them, it is advisable not to access nor use the content and services provided on our online store.

I. INFORMATION ABOUT THE COMPANY

1. These Terms and Conditions define the main rules of use for the online store available at www.funderwear.pt, hereinafter FUNDERWEAR’s online store, by it’s users, including consumers, who purchase the goods provided in the FUNDERWEAR’s online store;

2. FUNDERWEAR’s online store, available at www.funderwear.pt, is property of:

Aleksandra Kuczyńska – Funderwear.pt

Estrada da Luz 63
1600-152 Lisboa – Portugal

Mail address:

Funderwear Aleksandra Kuczyńska
Apartado 43064
EC Bolsa – Lisboa
1600-309 Lisboa – Portugal

Tax Number 294325689
email: funderwear@funderwear.pt
Phone: +351 964724482

NOTE: We do not provide direct service to the public in our facilities.

3. We recommend that, if possible, use the contact via email instead of phone since it allows that no doubt or question remains unanswered (unlike a sometimes highly congested telephone line), it is free, and allows both Client/User and Funderwear to be able to consult what has been transmitted by both parties, thus providing better communication and resource management.

II. GLOSSARY

For a more transparent and faster consultation, we have prepared for you a glossary with   the most used terms in these pages:

1. Funderwear.pt – Aleksandra Kuczyńska – Funderwear, with office in Av. José Malhoa, nº2 – 1º Andar – Tardoz, Office 1.1 – 1070-325 Lisboa and Tax Number: 294325689;

2. Online Store – Online store operated by Funderwear, available at www.funderwear.pt;

3. Consumer – Natural person who acquires goods, services or transmitted rights, destined for non-professional (private) use. This acquisition of goods, services – or even rights – must be made to a professional who develops an economic activity aimed at obtaining benefits. Non-professional use consists in the use of goods and services in a personal, familiar or domestic manner. Consumer protection and the attribution of specific rights depends on the existence of a consumer relationship, whether through the conclusion of a contract (or long distance contract) or through a situation designed to promote the supply of goods, services or the transmission of rights between a natural (private) individual and a professional;

4. Customer/User – A Client who falls under the legal definition of a Consumer; A natural or legal person using the Online Funderwear Store available at www.funderwear.pt and any services associated with it, and in particular, placing an order at the Funderwear’s online store; A natural or legal person who, under the terms of applicable law, has the legal capacity to carry out such actions, and above all carries out a legal transaction with Funderwear, through the online store www.funderwear.pt;

5. Order Processing Time – The number of working days, after receiving due payment, in which Funderwear processes the request made by the Customer through the online store, and delivers the ordered products to the courier for shipment;

6. Working Days – Weekdays from Monday to Friday, excluding holidays;

7. Order – A Customer’s/User’s statement of intent, submitted through the online store, specifying: the type and quantity of products on offer at the online store at the moment of placing the order, the method of payment, the delivery option, the address for the products delivery and the Customer’s/User’s data. An Order constitutes an offer to Funderwear, made by the Customer/User, to conclude a sales agreement through the online store relative to the products being the subject of the order.

III. GENERAL

1. These Terms and Conditions specify Funderwear’s online store rules of use, in particular the rules regarding the conclusion of a sales agreement for the offer made available by Funderwear’s online store, as well as the complaints procedure;

2. Funderwear’s online store goods are only sold and delivered within the territory of European Union;

3. All products available for sale at Funderwear’s online store are brand new, without defects;

4. While accepting a Purchase Order, Funderwear trusts that:

a) The Customer/User has the legal capacity to perform the transaction;

b) The data and information provided by the Customer/User is true;

c) The Customer/User has read and accepted these Terms&Conditions;

5. Customers/Users may contact the online store using the email funderwear@funderwear.pt;

6. In order to use the online store, view the product collection, and place orders, some minimum technical requirements must be met, among others, a computer or other multimedia device with internet access, a web browser, and an active email account;

7. In order to ensure the security of both the communication and the data provided at the online store, Funderwear takes technical and organizational measures appropriated to the threat level, in particular measures to prevent the unauthorized collection and modification of personal data sent through the Internet. Funderwear ensures the security of data transmission at the online store by using the SSL protocol (Secure Socket Layer);

8. Any Funderwear’s online store User is required  to:

a) Use the online store in accordance with the applicable law and the provisions depicted by these Terms and Conditions;

b) Use the online store in accordance with good conduct and respect for other entities personal rights;

c) Not submitting nor providing illegal content;

d) Use the online store in a way that does not interfere with its functioning;

e) Use of all the content included in the online store for personal use only;

f) Not engage in any action consisting in sending or placing unsolicited commercial information (spam) within the online store;

9. These Terms and Conditions are applicable to all online store users, including, without limitation, visitors, suppliers and service providers, customers, and others not specifically identified;

10. Funderwear reserves the right to refuse to provide the functionalities and services available at www.funderwear.pt to any person, for any reason, at any time;

11. By accepting these Terms and Conditions, the Customer/User declares to have legal capacity for its acceptance. Violation of the provisions included in this paragraph will result in the immediate resolution of these Terms and Conditions, without prejudice of any compensation that may occur in favor of Funderwear due to potential damages or losses incurred as a result of false statements.

IV. NEW USER REGISTRATION AND USER LOGIN

1. Funderwear offers an electronic service that enables Customers/Users to create and use an Account, available at www.funderwear.pt;

2. The registration of an Account is voluntary and free of charge;

3. A Customer/User can browse the online store’s offer and place orders without registering an Account. However, a Customer/User with a registered Account can add products to “favourites” and recommend them to friends, as well as follow orders and the status of a placed order;

4. A Customer/User can register an Account by clicking the “Log-in/Register” tab on funderwear.pt homepage or while placing an order through the online store;

5. In order to register a User’s Account at the online store, it is necessary to complete the registration form by providing a valid email address and a password. Filling the fields marked as mandatory is necessary for creating an Account, placing and processing orders, as well as for the correct provision of the online services available at www.funderwear.pt. Filling the fields marked as mandatory is voluntary, yet necessary to create an Account. Filling the fields not marked as mandatory is voluntary and not necessary in order to create an Account;

6. Funderwear does not have access to nor knowledge of the password. The User/Customer is solely responsible for the safeguard and good use of the password, and Funderwear does not have any responsibility for its improper use or loss;

7. Any content entered in the Customer’s/User’s account, as well as all the activity taking place in it, is the sole responsibility of the User/Customer, and Funderwear is not obligated to monitor the contents or fulfillment/unfulfillment of any of the Customer’s responsibilities, namely the compliance of obligations to other Users/Customers or national authorities;

8. After completing the registration form and clicking on “Register”, Funderwear will message the Customer/User (using the email address provided during the registration process) with confirmation of the successful creation of the Account. This email message constitutes an agreement on providing online services related to the creation and utilization of a User Account at www.funderwear.pt. The Account is provided free of charge for an undefined period of time;

9. After the successful creation of an Account, a Customer/User can login indicating the email address and password provided at the registration;

10. The Customer/User can terminate the agreement relative to an Account at any time, without indicating the reason and without bearing any cost, by sending a request to remove the Account to funderwear@funderwear.pt (indicating the email address provided when registering);

11. Funderwear may terminate without notice the agreement for providing a User Account due to important reasons, in particular:

a) If the Customer/User uses the online store in a manner violating the regulations in force or the provisions of these Terms and Conditions;

b) If the Customer/User uses the online store in a manner violating good practices or the rights of third parties;

c) If the Customer/User uses the online store in a manner that disrupts its operation;

d) If the Customer/User sends or publishes unsolicited commercial information (spam) through the online store;

12. Funderwear can submit electronically, to the email address currently registered at the online store, a statement on terminating the agreement for providing an Account;

13. If either party withdraws from the agreement for providing an Account, or if the agreement is terminated by mutual consent, the User’s Account will be blocked and removed from the Online Shop;

14. Any unilateral or by mutual consent withdrawal from the contract relating to the User’s Account service has no impact on the rights acquired by the parties prior to termination of the contract;

15. Funderwear will consider that the Customer/User has resolved these Terms and Conditions when there is no use of the online store for a period of 24 (twenty four) consecutive months.

V. PURCHASE ORDER PLACEMENT AND ACCEPTANCE

1. Purchase Orders can be placed in the online store 24/7 only through www.funderwear.pt;

2. An obligatory part of placing an order is reading and approving these Terms and Conditions. This statement of approval can be done by marking an appropriate box prior to finalizing the order. In case the Customer/User does not approve these Terms and Conditions while placing an order, it will not be possible to purchase products from the online store;

3. As part of the ordering process, the Customer/User must provide the personal data marked as mandatory in the order form. By providing the information regarding personal data the Customer/User acknowledges and accepts the collection and use of this data by Funderwear, for the purpose of processing the order. Providing the personal data marked as mandatory is voluntary, but necessary to finalize the order. Providing the personal data not marked as mandatory is optional and not obligatory for completing the order;

4. Placing a Purchase Order at the online store requires going through all the ordering stages. In order to place a Purchase Order, the Customer/User chooses the type, model, colour, size and quantity from among the available Goods at the price specified by the online store. The choice is made through dialogue boxes in line with their functionalities. In order to complete the purchase, the Customer/User must select the “Go To Cart” icon, accept these Terms and Conditions (mandatory condition to complete the purchase) and select the “Proceed To Checkout” icon. After completing the personal data marked as mandatory, referring to invoicing, shipping address, payment method, among others, the Customer/User must select the “Confirm Order” button. Submitting a filled out Purchase Order is equivalent to making an offer to buy the selected Goods for the price specified by Funderwear plus the delivery costs and applicable VAT. An order placed through the online store results in a payment obligation;

5. Once an Order has been made, the Customer/User will be notified by e-mail (to the e-mail address specified during the process of Purchase Order) about the order’s acceptance. This e-mail serves as a confirmation that the Purchase Order has been sent correctly and has been accepted in accordance with these Terms and Conditions. Included is a confirmation that the contract has been concluded, together with the seller’s identification, the date of sale, the description of goods including quantity, price, delivery costs and VAT at the legal rate as well as a Purchase Order reference number;

6. A Customer/User can cancel a Purchase Order at any stage prior to clicking the “Confirm” button;

7. A product ordered at the online store may be delivered to an address indicated by the Customer/User. Funderwear does not take any responsibility for insufficient, incorrect and (or) outdated data;

8. Pursuant to Decree-Law no. 7/2004 of January 7th (with changes conferred by Decree-Law no. 62/2009, of March 10th and by Law no. 46/2012, of August 29th) on electronic commerce, Funderwear reserves the right to unilaterally cancel an order whenever there is a programming error that affects the formation of the Customer’s/User’s will, a malfunction on Funderwear or Customer’s/User’s computers that affects the Client’s declaration or if the message arrives deformed to its destination as a result of an error in the transmission of the message;

9. The price lists of the Goods available at the online store may change without prior notice. The Customer/User and Funderwear are bound by the prices of Goods applicable at the moment of placing the Purchase Order;

10. Funderwear refuses any responsibility for any delay or impossibility of processing an order, including the act of delivery, due to error or insufficiency of the data communicated by the Customer/User.

VI. GOODS, PRICES OF GOODS AND WARRANTY

1. All Goods presented for sale at the online store are accompanied by a photographic sample and additional information about their characteristics, for example: Colors, materials, sizes, and a specific reference number for each product;

2. All Goods presented for sale at the online store are owned by Funderwear, in the condition of new, free of defects, and covered by a warranty of conformity of goods, in accordance with the provisions of Decree-Law no. 67/2003, of April 8th (with amendments introduced by Decree-Law no. 84/2008) of May 21st. However, the warranty on Products such as clothing, fashion accessories and any other goods of rapid wear shall only prevail if the Product has not been given use, is as delivered (including label), and the same presents nonconformities. For all purposes, in accordance with applicable law, the Product is in conformity if:

a) It conforms to the description done by the seller at the online store and possess the qualities that the seller presented to the consumer in a sample or model (even samples or models displayed only by photography);

b) It’s appropriate to the usual use given to products of the same type;

c) Presents the usual qualities and performance of products of the same type and which the Consumer/User can reasonably expect, given the nature of the product;

d) A lack of conformity, within the applicable law meaning, is not considered to exist if, at the time the contract is concluded, the consumer is aware of this lack of conformity;

3. In the event that the Product purchased presents a defect or is not in conformity, the Customer/User must notify Funderwear, within a maximum period of two months from the date of acknowledgment of the defect, using the email: funderwear@funderwear.pt (including the number of order and the description of the nonconformity) to determine the return method for the product. It is important that the Customer/User don’t send the purchased products without prior contact, as the parcel will not be accepted;

4. Funderwear will respond to the complaint within 14 days from the date of reception of the returned product;

5. Upon reception at Funderwear’s facilities, we will carefully inspect the returned product and in the event of any non-compliance, we will notify you by e-mail, within a reasonable time frame, whether the product can be refunded or replaced (as appropriate). The refund or replacement of the product will occur as soon as possible and always within 14 days from the date of our email confirming the processing of refund or replacement;

6. Products returned due to a proven defect or lack of conformity will be fully refunded, including original delivery costs and any eventual and proven costs incurred by Customer/User due to its return;

7. The merchandise displayed at the online store’s pictures represent examples of goods of the same type, and although represented as accurately as possible, are merely illustrative. Due to individual settings or parameters, such as the type of screen used to view the products, there may be small differences between the image and the actual color of the goods;

8. Funderwear gives no warranty, express or implied, about the accuracy or completeness of any information (including information about goods and services) included in the online store, which the User acknowledges and accepts;

9. Funderwear may at any given time and without prior notice, change, delete or move any information on the online store;

10. Funderwear assumes no responsability for any discontinued articles;

11. The prices displayed are in EUR, and may be changed at any time. The VAT included in all prices corresponds to the rate applicable at the day of the request, and any change to the applicable VAT will have immediate reflection on the prices of the products;

12. The product prices indicated at the online store do not include cost of delivery, which are indicated in item VIII of these Terms and Conditions. The cost of delivery will be calculated based on your order and included at the time of the Order Confirmation, as well as in the order summary;

13. Funderwear may change at any time and without prior notice the prices of the available products, but such change will not affect the cost of the already sent Purchase Orders, accepted by the online store;

14. Funderwear reserves the right to modify at any time and without prior notice the information and commercial offer presented, such as: products, prices, promotions, commercial conditions and services, among others;

15. Funderwear does not guarantee the existence in stock of the products included in the online store;

16. Funderwear can not assume responsibility for any discontinued articles.

VII. PAYMENT OPTIONS

1. A Customer/User can choose one of the following payment methods available at the online store:

a) Credit card (VISA, MASTERCARD);

b) Multibanco Reference (Portugal);

c) MB WAY – If you choose to pay by MB WAY, our online store will send you a notification in real-time for the payment of the order. You will have 10 minutes to accept it, or the order will be cancelled;

d) Bank Transfer. In this payment method the order will be processed after the registration of the transfer in Funderwear’s bank account and must contain the following data:

IBAN: PT50 0010 0000 5690 8250 0019 6
Transfer Title: Order Reference Number + Full Customer’s/User’s Name;

2. The Customer/User may not combine different payment methods for the same Purchase Order;

3. In case of payment by Multibanco Reference (Portugal) or Bank Transfer, the Customer/User has 48 hours to process the payment (after receiving email with the details regarding the payment of the purchase). The legal deadline for online order payments is five business days. After this deadline the order will be canceled;

4. Please do not try to pay by any means other than the ones specified. If you do so, we cannot be held responsible for any loss of payment or any other damage that may arise;

5. To minimize the risk of unauthorized access, your credit card data will be encrypted.

VIII. COMPLETING ORDERS  AND DELIVERY COSTS

1. Products ordered at the online store will be delivered by CTT Expresso or Chronopost at the address indicated by the Customer/User (we do not ship to PO boxes);

2. Shipping costs to a Customer/User defined address are calculated according to the Product (s) purchased and the total amount of the order. The shipment total cost is presented before completing the purchase process, after indicating the delivery address;

3. Products ordered at the online store are delivered on working days;

4. The delivery of a product ordered at the online store to an address indicated by the Customer/User while making an order is subject to payment. The estimated costs of delivery can be found in the Shipping Table present at the end of this Terms and Conditions;

5. Free delivery ONLY in Continental Portugal for orders over 50 Eur and Continental Spain for orders over 75 Eur;

6. Weight limited to two kg per order;

7. Funderwear only processes an order on the next business day after good collection, and therefore can not guarantee the availability of the products until the beginning of said processing. PLEASE NOTE that products signaled as “Available on backorder” are subject to manufacturer’s availability and shipping time and have an estimated delivery time of 14 working days;

8. Customer/User should note that the estimate times of delivery depicted on the Shipping Table, which can be found at the end of this Terms and Conditions, start from the moment Funderwear handles the order to the courier;

9. All Customers/Users will be informed about the current status of the Purchase Order. Additionally, Customers/Users with a Customer Account will find information about the Purchase Order on the tab MY ACCOUNT/ORDERS on www.funderewear.pt;

10. Inspection at the moment of delivery – It’s advisable for the Customer/User to inspect the package at the presence of the courier in order to ascertain any damage. If found that the products are damaged, the Customer/User should not accept the delivery of the order, and should submit a complaint to the courier. Note that during the transportation process, the courier holds the exclusive responsibility for the physical integrity of the delivered products. In addition, the Customer/User may report the situation to Funderwear, through the email: funderwear@funderwear.pt;

11. The corresponding invoices issued by Funderwear will be sent by email to the email address indicated by the Client/User. The details included on the invoice are the sole responsibility of the Customer/User. Once issued, an invoice cannot be reissued with changes;

12. In case of any unexpected situation, Funderwear will inform the Customer/User about the issue and possible resolution (using the e-mail address provided in the Purchase Order);

13. Funderwear is not liable for damages resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or provision of services to Customers/Users;

14. In the event that any Product ordered is unavailable, Funderwear will contact the Customer/User if the delivery period or the price of the Product changes. The order will continue only after Customer’s/User’s consent;

15. In case of absolute unavailability of stock for an ordered Product, Funderwear may propose the supply of a Product of equivalent quality and price, if any exists. The order will continue only after Customer’s/User’s consent;

16. In case of an absolute unavailability of stock of an ordered Product, and in the event of being not possible to propose the supply of a Product of equivalent quality and price, or if the consent to exchange an initial order is not given to us by the Customer/Client, Funderwear will refund the amounts paid, within a maximum of 14 (fourteen) days after notice of cancellation;

17. Any Products shipping delay, compared to the presented estimated dates, does not give the Customer/User the right to any compensation;

18. Customer/User accepts and acknowledges that performance and availability issues may arise that affect the estimated delivery times, or temporarily or permanently render impossible the delivery, which have as their cause and/or origin:

a) Congestion, slowdown or general unavailability of the Internet;

b) Unavailability of generic Internet services (for example, DNS servers) due to external attacks;

c) Events of force majeure, ie any unforeseeable and unavoidable event unrelated to the will or control of the Parties which prevents them, in whole or in part, permanently or temporarily, from achieving their objectives and fulfilling their obligations at the dates and deadlines contractually fixed, such as, and without being exhaustive, a state of war, whether declared or not, rebellions or riots, strikes or blockades, natural disasters such as fires, floods and communications cuts;

d) Customer/User or third parties actions or omissions, beyond the control of Funderwear, as a result of their computer system.

IX. THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. A Customer/User who concludes a distance agreement can withdraw from this agreement within 14 days of receiving the goods, and promptly return the purchased Goods in an unchanged condition, without giving any reason and without incurring in any costs, except the ones specified in point 7 below;

2. The deadline for withdrawing from the agreement expires after 14 days counting from the day :

a) You or a third party indicated by you, other than the courier, takes possession of the product – in case of an agreement involving the transfer of ownership of one product;

b) You or a third party indicated by you, other than the courier, takes possession of the last of the products – in case of an agreement involving the transfer of ownership of several products that are supplied separately;

3. A Customer/User can withdraw from the agreement by informing Funderwear in way of an explicit statement, by sending a message to funderwear@funderwear.pt, or by using the form provided as Attachment One that you can find at the end of these Terms and Conditions, and sending it by postmail to the address specified in point 5. It is important not to send the purchased products without prior contact, as the parcel will not be accepted;

4. It is important not to send the returned products using the “Cash on Delivery modality, as the parcel will not be accepted;

5. To keep the deadline for withdrawing from the agreement, it is sufficient to send the information regarding it before the lapse of the deadline;

6. In the event of withdrawing from the agreement, a Customer/User is obliged to return the product to Funderwear immediately, and no later than 14 days from the date of informing Funderwear about the decision on withdrawing from the agreement. Returned Products should be sent to:

Funderwear Aleksandra Kuczyńska
Apartado 43064
EC Bolsa – Lisboa
1600-309 Lisboa
with the annotation: (Return)

7. The Customer/User is obliged to bear the direct costs of returning a product;

8. If in the original order the Customer/User chooses a delivering method other than the cheapest standard delivery method offered by Funderwear, we are not obliged to reimburse the additional costs borne by the Customer/User;

9. In the event of withdrawing from the agreement, Funderwear will, no later than within 14 days from the date of receiving the Customer’s/User’s statement of withdrawal, return all the payments received from the Customer/User including the original cost of delivery;

10. For original payments made by Credit Card, the refund will be made using the same payment method used by the Customer/User in the original transaction. In all other cases, the Customer/User must provide proof of payment and account or card ownership, as well as IBAN, so that the refund by Bank Transfer is performed;

11. Funderwear may hold the return of the payments received from the Customer/User until reception of the products;

12. The Customer/User is the sole responsible for a product value decrease, resulting from wearing it in a way other than the absolute necessary to determine the nature, qualities and functioning of the product;

13. In accordance with the provisions of Article 16 (e) of Directive 2011 / 83UE of the European Parliament, Funderwear reserves the right to refuse the exchange or refund of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

14. The right of withdrawal will be subject to the following conditions:

a) The returned products must not have been used, dressed, washed or damaged. They must not be dirty nor show obvious signs of wear;

b) The returned products must be packed exactly as they were shipped, with all accessories and labels;

c) The returned products must be sent to Funderwear in a single shipment. Fundewear reserves the right to not accept products from the same order returned and shipped at different times/dates;

15. In case of exercise of the right of withdrawal without respecting the procedures included in these Terms and Conditions, you will not be entitled to the refund of the sums already paid to Funderwear. Within 10 days of receiving Funderwear’s e-mail regarding the non-acceptance of the return, you may opt to receive the products back in the state in which they were returned to Funderwear, bearing the associated shipping costs. Otherwise, Funderwear may retain the products, in addition to the sums already paid for its acquisition.

X. PRODUCT EXCHANGES

1. Funderwear does not accept direct product exchanges, so if you need, you will have to make a new purchase with the size and color of the item you want.

XI. CONTRACTUAL RIGHT TO RETURN PRODUCTS

1. In addition to the legally recognized right of withdrawal granted to consumers mentioned in the clause above, the Customer/User has a period of 30 days from the Delivery Confirmation indicating that the items have left the Funderwear’s facilities to return the products (except those cases mentioned in the paragraph 4 below, for which the right to return those products is excluded). To do this, contact us at funderwear@funderwear.pt so that we can give you instructions on the return process, including the following information:

a) First and last name;
b) Order number;
c) Order value;
d) Code of the product(s) to be returned + reason for return;
e) Collection address

The invoice for the order needs to be printed by the Customer/User and sent together with the returned product(s);

The return process differs depending on the location. Under no circumstances you should return an order without first contacting Funderwear;

2. Funderwear only covers shipping costs if it comes from Portugal and via CTT Expresso, who will collect the product(s) to be returned at an address indicated by the Customer/User. If the Customer/User selects another carrier, shipping costs are the Customer’s/User’s responsibility. For other countries, shipping costs are the Customer’s/User’s responsibility, that in accordance with the instructions set forth in this Clause, shall send the product(s) object of devolution (including the corresponding invoice) to the following address:

Funderwear Aleksandra Kuczyńska
Apartado 43064
EC Bolsa – Lisboa
1600-309 Lisboa
with the annotation: (Return);

3. The Customer/User must notify Funderwear of the intention to return the products and proceed to do so within a period of 30 days starting from the date of the Delivery Confirmation indicating when the item(s) left the Funderwear’s facilities;

4. Due to health protection and hygiene reasons you cannot exchange nor return articles of underwear;

5. The contractual right to return products will apply only to items returned in the same condition in which they were received and the returned products must be packed exactly as they were shipped, with all accessories and labels;

6. The returned products must be sent to Funderwear in a single shipment. Fundewear reserves the right to not accept products from the same order returned and shipped at different times/dates;

7. No reimbursement will be made if the product has been used more than just to open its packaging, if the items are not in the same condition as when they were delivered or if they have been damaged. Therefore, the Customer/User must take care of the product(s) while in his or her possession;

8. The Customer/User must return the products using or including all original packaging, instructions and any other accompanying documents when applicable. When returning an item, the Customer/User must always include the receipt that was provided at the time of delivering. The Customer/User is fully responsible for any damages caused to the product should the return shipping of the article be done using a packaging different from the one in which the article was received;

9. It is important not to send the returned products using the “Cash on Delivery modality, as the parcel will not be accepted;

10. After examining the item, Funderwear will notify the Customer/User whether or not he/she is entitled to the refund of the amounts paid;

11. In case of exercise of the contractual right to return products without respecting the procedures included in these Terms and Conditions, you will not be entitled to the refund of the sums already paid to Funderwear. Within 10 days of receiving Funderwear’s e-mail regarding the non-acceptance of the return, you may opt to receive the products back in the state in which they were returned to Funderwear, bearing the associated shipping costs. Otherwise, Funderwear may retain the products, in addition to the sums already paid for its acquisition;

12. The refund will be paid as soon as possible, and in all cases, within 14 days from the date on which the Customer/User notified us of his or her intention to return the products. Notwithstanding the above, we may withhold the refund until we receive the returned items. In case of a return, the value referring to the original shipping costs will not be credited. You will only be refunded the value of the items;

13. Any additional customs duties, taxes or charges in which the Customer/User may incur will not be reimbursed by Funderwear;

14. The Customer/User will no longer benefit from the free original shipping costs (when applicable), when requesting the return of articles and consequent reimbursement:

a) Full returns and refund: The value of the delivery costs, as shown in the Shipping Table that you can find at the end of these Terms and Conditions will be deducted from the refund. The delivery costs offer applies only when the customer/User stays with articles worth more than €75;

b) Partial returns and refunds: If the Customer/User has benefited from free original delivery costs, the value of the delivery costs, as shown in the Shipping Table that you can find at the end of these Terms and Conditions will be deducted from the refund (not applicable for Customers/Users who keep articles worth more than €75);

15. For original payments made by Credit Card, the refund will be made using the same payment method used by the Customer/User in the original transaction. In all other cases, the Customer/User must provide proof of payment and account or card ownership, as well as IBAN, so that the refund by Bank Transfer is performed. Please note that returns by credit card/bank transfer can take up to 10 business days, depending on the bank processing times;

16. All sales of items with price reduction (such as promotions) are final. It will not be possible to return articles purchased with reduced prices, and the conditions regarding the right to return products do not apply.

XII. COMPLAINTS

1. Your comments and suggestions are always welcome. Please send any comments and
suggestions through our contact form;

2. If as a consumer you consider that your rights have been violated, you may address your complaint to the email address funderwear@funderwear.pt, in order to appeal for an out-of-court settlement. In this regard, if the transaction between you and Funderwear has been completed through our online store, we inform you – in accordance with EU Regulation No. 524/2013 – that you can use the Alternative Dispute Resolution entities identified in the consumer’s portal, www .consumidor.pt, or the Online Consumer Dispute Resolution identified on the website https://webgate.ec.europa.eu/odr.

XIII. NEWSLETTER

1. The Customer/User may choose to receive Funderwear’s newsletter. The newsletter is sent only to Customers/Users who request it by indicating their email address in the corresponding field at www.funderwear.pt. To complete the newsletter subscription process, an automatic email entitled “Subscription Activation Message” will be sent to you, and if you wish to opt-In you must activate the subscription by clicking on the link provided;

2. The newsletter is sent to the email address specified by the Customer/User and includes information on products offered by Funderwear, new collections, current promotions among others. The newsletter is sent free of charge;

3. Customers/Users may cancel the newsletter at any time, for any reason and at no cost;

4. Comments or suggestions regarding the newsletter can be submitted by email to the address: funderwear@funderwear.pt.

XIV. INTELLECTUAL PROPERTY

1. All titles, brands and product names used on the online store are registered trademarks/names belonging to Funderwear or other holders. The User/Customer is not authorized to use or reproduce any of these trademarks or registered names as this constitutes an infringement of the owners’ rights;

2. Everything concerning the online store’s design, texts, documents, films, music and/or other services, its selection and organization, as well as all the software compilation (including applets) and all other materials included are property of Funderwear and its suppliers. Users/customers are only allowed to electronically copy and print portions of the online store if necessary to place an order or to use it as a source for the purchase. The User/Customer is not authorized to make any other use of the online store and its information and materials, including reproduction for purposes other than those mentioned above, modification, distribution or republication. If the User/Customer wishes to use any of the online store’s information or materials, a Funderwear’s prior written authorization must be obtained.

XV. VIRUS, PIRACY AND OTHER CYBER ATTACKS

1. You should not use this online store improperly by deliberately planting a Virus, Trojan, Worm, Logic Bomb or any other software, technologically damaging or harmful material. You should not attempt to access this online store along with the server on which it is housed or any server, computer or database related to it unless authorized. You hereby accept not to attack this online store through any denial-of-service attack (DoS attack) or a distributed denial-of-service attack (DDoS);

2. Non-compliance with this clause will be considered an infraction as defined in the terms of applicable regulations. We will report any breach of this regulation to the relevant authorities and cooperate with them in order to determine the identity of the attacker. Also, in the event of non-compliance with this clause, authorization to use this online store will be immediately suspended. We will not be held responsible for any damage or loss resulting from a denial-of-service attack, virus and other technologically harmful or malicious software that may affect your computer, IT equipment, data or materials as a result of using or downloading content from this online store, as well as other websites that this online store may redirect you to.

XVI. LIABILITY AND DISCLAIMER

1. Funderwear holds no direct or indirect responsibility for the use that the Customer/User makes of the online store, being its use the exclusive responsibility of the latter;

2. Unless otherwise expressly stated in these Terms and Conditions, our liability regarding any product purchased at our online store is strictly limited to the purchase price of the product concerned;

3. To the extent of the legally permitted, and unless otherwise stated in these Terms and Conditions, Funderwear will not accept any responsibility for the following losses, regardless of their origin:

a) Loss of revenue or sales;

b) perda de negócio;

c) Loss of profits or contracts;

d) Loss of anticipated savings;

e) Loss of data;

f) Loss of management time or office time;

4. Due to the open nature of this online store and the possibility of errors in the storage and transmission of digital data, Funderwear does not guarantee the accuracy and security of the information transmitted or obtained through this online store, unless otherwise expressly indicated;

5. All product descriptions, information and materials on this online store are provided “as they are” without any express or implied warranties relating to them, except those established by law. To the extent permitted by law, we exclude all warranties except those that cannot be legitimately excluded in favour of Consumers and Users;

6. If our online store contains hyperlinks to other websites and third party materials, they will be provided solely for informational purposes and we don’t have any control over the content of such websites or materials. We will therefore not accept any responsibility for any loss or damage resulting from their use;

7. The present clause will not affect your rights as a consumer and user, nor your right to cancel the Agreement.

XVII. FINAL PROVISIONS

1. These Terms and Conditions are presented in English language;

2. Information and price lists available on the online store’s page at www.funderwear.pt refer to products presented by the online store and include VAT, but exclude delivery fees which will be added to the total price (as indicated in section VIII of these Terms and conditions);

3. These Terms and Conditions are available free of charge at the online store under the “Terms and Conditions” link;

4. Funderwear may update, modify or replace any part of these Terms and Conditions and associated policies. It is the Consumer’s/User’s responsibility to periodically verify the occurrence of any changes;

5. With the exception of the Privacy Policy, access to and continued use of the online store after publication of any updates, modifications or substitutions to the Terms and Conditions and associated policies constitutes acceptance and agreement with such updates, modifications or substitutions;

6. All contracts and orders made prior to an eventual amendment to the Terms and Conditions will be ruled by the Terms And Conditions in force at the date of the contract or order;

7. These Terms and Conditions, any subject not regulated by them, as well as any related litigation, including their validity, use of the online store or any purchase made through it shall be ruled by Portuguese Law;

8. All purchases made on the online store www.funderwear.pt are subject to Portuguese legislation. Any conflict or divergence of interpretation about these Terms and Conditions will be submitted to the competent Portuguese Court;

9. In case the Customer/User is outside Continental Portugal, Funderwear hereby informs that any judicial process must be sent to Portuguese Courts;

10. These Terms and Conditions constitute the full agreement between the Customer/User and Funderwear respecting the use of the online store and associated services;

11. Both the Customer/User and Funderwear assume that they will use their best efforts to solve in a timely manner and by agreement any litigation arising under this Terms and Conditions and associated Policies;

12. These Terms and Conditions become effective as of January 30, 2019 and shall be binding on all contracts concluded from this date.

ANNEX 1 – Withdrawal Form Model

(Complete and return this form only if you wish to terminate the contract)

funderwear@funderwear.pt or

Funderwear Aleksandra Kuczyńska
Apartado 43064
EC Bolsa – Lisboa
1600-309 Lisboa

I hereby inform that I terminate my sale agreement for the following products:

Ordered On / Received On (*)

Consumer’s Name

Consumer’s Address

Consumer’s Signature (only if this form is notified by means of a documental support)

Date

(*) Delete as appropriate

Shipping Rates

www.funderwear.pt

COUNTRY/REGIONCOURIERESTIMATED DELIVERY (business days)COST
CONTINENTAL PORTUGAL
CTT EXPRESSO (service economy)
2Orders < 50€ = 3,90€ Orders > 50€ = 0,00€
CONTINENTAL PORTUGAL
CTT EXPRESSO (service express)
15,99€
CONTINENTAL PORTUGAL
CHRONOPOST (service chrono 18:00)
17,00€
PORTUGAL – Azores Archipelago
CTT EXPRESSO (service economy)
9-15
9,99€
PORTUGAL – Madeira Archipelago
CTT EXPRESSO (service economy)
6-7
9,99€
AUSTRIA
CHRONOPOST
4-6
15,99€
BELGIUM
CHRONOPOST
5-7
15,99€
DENMARK
CHRONOPOST
4-6
17,99€
CONTINENTAL FRANCE
CHRONOPOST
2-4
13,99€
GERMANY
CHRONOPOST
3-5
11,99€
HUNGARY
CHRONOPOST
4-6
17,99€
CONTINENTAL ITALY
CHRONOPOST
3-5
20,99€
LUXEMBOURG
CHRONOPOST
3-5
15,99€
MONACO
CHRONOPOST
3-5
15,99€
NETHERLANDS
CHRONOPOST
3-5
15,99€
SLOVENIA
CHRONOPOST
3-5
17,99€
CONTINENTAL SPAIN
CTT EXPRESSO (service economy)
2
Orders < 75€ = 4,50€ Orders > 75€ = 0,00€
SWEDEN
CHRONOPOST
4-6 20,99€