TERMS & CONDITIONS
This document and the documents attached to it set out the conditions associated with the use of this website and the purchase of goods on it.
Accordingly, we ask that you carefully read these general terms and conditions of distance selling (hereinafter referred to as terms and conditions), our privacy policies and our cookie policies before using our website.
By using this website the User/Client is aware that it must comply with all these terms and conditions and our privacy policy. Consequently, if you do not agree with any of our policies you should not use this website.
These terms and conditions apply to visitors to the www.breathekodikara.com website, whether natural or legal persons, as well as to any transactions of a commercial nature carried out. The purpose of these terms and conditions is to define the general sales conditions applicable to contracts concluded through our website, from the act of processing the order, to the various services provided, including payment methods and the conditions for delivery of goods. We emphasise that, whenever justified, the present terms and conditions may be unilaterally altered. We therefore recommend that you read them carefully and periodically. Should you have any doubts regarding the present terms and conditions or our privacy policy, the User/Client may contact us by the following means:
E-mail:
info@breathekodikara.com
Postal address:
KODIKARA - Customer Support
Rua da Estamparia de Lavadores, 1306
4400-453 Vila Nova de Gaia
Phone:
925 848 033
Monday to Friday from 9am to 5pm (subject to change)
1. OWNERSHIP OF THE DOMAIN
KODIKARA® is a trademark owned by Del C Ávila Unipessoal Lda, a single-member limited liability company with registered offices at Rua da Trapa, 33, 4405-793 Vila Nova de Gaia, registered at the Companies Registrar of Coimbra under the single registration number 513 534 474 and with a share capital of EUR 5,000.00, hereinafter referred to as "DEL C ÁVILA".
2. USE OF THE WEBSITE
By using our online platform and/or placing orders via the same, the User/Client undertakes to comply with the present terms and conditions, namely:
To refrain from using our website to make legally invalid queries or orders;
Not to make an illicit or improper use of the website;
Not to use false identities;
To diligently guard your credentials for entering the website in order to prevent third parties from accessing your account;
To provide their correct personal data and address, enabling the order to be properly processed;
Refrain from divulging or spreading any messages or information that is injurious, misleading, defamatory, obscene, xenophobic or discriminatory in nature or that violates, in any way, the right to privacy or the intellectual or industrial property of third parties, as well as any information that may be harmful to third parties or to the owner of the domain.
The User/Client is responsible for the veracity of the facts reported to DEL C ÁVILA and undertakes to make any changes to these immediately in its Customer Area, or alternatively to report them via the Customer Support service available. DEL C ÁVILA shall not be liable for delays in processing any order resulting from error or insufficiency of the data reported by the user/customer.When placing an order through our website the user/customer declares to be over 18 years and have legal capacity to enter into contracts or, alternatively, be a representative of a legal person, with effective powers to perform the act.
3. AVAILABILITY OF THE SERVICE
The articles presented for sale on the website are only available for delivery in Portugal, unless otherwise agreed between DEL C ÁVILA and the User/Client, in writing and on a durable medium.
4. PRODUCT SPECIFICATIONS
Product specifications are only valid at the time of consultation and DEL C ÁVILA cannot be held responsible for any manifest errors or lapses.
The User/Client expressly accepts and declares that he/she is aware of the product specifications when placing his/her order and agrees to comply with them.
5. PLACING ORDERS
The User/Client may only place his/her order online, through the website: www.breathekodikara.com. To place an order, the User/Client must register on the website www.breathekodikara.com, providing for this purpose certain personal data, such as name or corporate name, postal address or headquarters, Tax ID or Tax ID, as well as other contact data essential for order processing. For this purpose, the User/Client must complete all mandatory fields of the registration form.
Only Users/Clients who are natural persons of legal age or legal persons duly represented may create an account on the www.breathekodikara.com website. DEL C ÁVIILA is not responsible, under any circumstances, for the existence of false accounts and orders placed through these means.
If you are already a registered user/customer, you must identify yourself by logging in, entering your email address and password.
To finalise the order the User/Client should proceed to payment, authorising the conclusion of the purchase. In doing so, the User/Client is entering into a contract of sale with DEL C ÁVILA.If you have a discount code, the User/Client may use it at checkout, by entering it in the respective field.
If the code is not working, you should check
If the code inserted is correct; If the validity of the code has not expired; If the items selected are in accordance with the conditions of the promotional campaign; If after making all the recommended checks, the code does not work, you should communicate the situation in writing to the following email address: info@breathekodikara.com, and should send, if possible, a screenshot demonstrating the error generated with the use of the code. The resolution of the problem, except for duly justified reasons or due to force majeure, should be guaranteed within 5 (five) days. As soon as you finish your purchase, the User/Customer will receive an automatic e-mail confirming the transaction and the order placed. If the data contained therein is not correct, you may immediately request that it be amended, or even that the purchase be cancelled. To do so, you must contact DEL C ÁVILA by one of the following means, but preferably in writing:
E-mail:
info@breathekodikara.com
Postal address:
KODIKARA - Customer Service
Rua da Estamparia de Lavadores, 1306
4400-453 Vila Nova de Gaia
Phone:
925 848 033
Monday to Friday from 9am to 5pm (subject to change)
Validation of the order implies that the User/Client has taken note of and expressly accepts the present General Terms and Conditions of Distance Selling, available for consultation at www.breathekodikara.com and also the prices and description of the products available for sale.
6. AVAILABILITY OF PRODUCTS
All orders for products are subject to their availability. DEL C ÁVILA reserves the right to condition the offer and sale of products to its stock. DEL C ÁVILA is not responsible for any discontinuation in production or sale of the products listed on its website.
If any product ordered is unavailable, DEL C ÁVILA undertakes to immediately inform the user/customer of the unavailability and to refund any amounts paid within a maximum period of 30 (thirty) days from the date of knowledge of the unavailability.
Under the provisions of Decree-Law No. 7/2004 of 7 January (as amended by Decree-Law No. 62/2009 of 10 March and Law No. 46/2012 of 29 August) concerning e-commerce, DEL C ÁVILA reserves the right to unilaterally cancel an order in the event of a programming error, malfunction of DEL C ÁVILA computers, as well as in the event that the contract proposal arrives deformed at its destination and the error concerns an essential element of the contract.
If you need to cancel an order, you must contact DEL C ÁVILA by one of the following means:
E-mail:
info@breathekodikara.com
Postal address:
KODIKARA - Customer Service
Rua da Estamparia de Lavadores, 1306
4400-453 Vila Nova de Gaia
Phone:
925 848 033
Monday to Friday from 9am to 5pm (subject to change)
Please note that it is not possible to cancel orders on the website.
7. DELIVERY
The delivery time and shipping costs vary depending on the type of shipment. You can choose between shop pick-up and home delivery.
The costs of transport and delivery of the goods purchased, duly tabulated, are the sole responsibility of the User/Client.
| SHIPMENT | SHIPPING COST |
DELIVERY |
|
Shop pick-up |
Free |
1-2 workdays |
|
Next day PT |
3.33€ + IVA Free shipping in order over 50 EUR |
1-2 workdays |
| Next day ES |
5.35€ + IVA Free shipping in orders over 100 EUR |
1-2 dias úteis |
| Islands |
6.50€ + IVA |
2-5 workdays |
|
Europe 1 Austria, Belgium, Czech Republic, France, Germany, Greece, Hungary, Ireland, Iceland, Italy, Lithuania, Luxembourg, Netherlands, Slovakia, Slovenia. |
12.00€ + IVA | 2-7 workdays |
|
Europe 2 Denmark, Estonia, Finland, Latvia, Malta, Norway, Poland, Sweden. |
12.70€ + IVA | 2-7 workdays |
SHOP PICK-UP
You will be informed by e-mail as soon as your order is available. You have a maximum of 15 (fifteen) days to pick up the product(s). If you do not collect the item(s) within the indicated period, DEL C ÁVILA will grant you an additional period of up to 90 (ninety) days to do so, at the end of which the item(s) will be considered abandoned under the terms of Article 1318 of the Civil Code, which could result in DEL C ÁVILA losing ownership of the item(s). In this case, you will need to present the confirmation e-mail and your identification document.
HOME DELIVERY
The order is delivered to the address indicated in the purchasing process. You can track the status of your order on our website by clicking on "My account" and choosing the option "Orders". With regard to shipping the products ordered, if the order is placed before 1 p.m., DEL C ÁVILA will endeavour to dispatch them on the day the order is completed. In the case of orders placed after 1 p.m., they will be shipped the day after the order is placed.
During festive seasons, in cases of temporary stock shortage or at times of high order flow, the completion of the preparation and dispatch of orders may take up to 48 hours. However, other delays of longer duration may occur for any of the following reasons:
Product customisation;
Specialised items;
Unforeseen circumstances;
or Problems relating to the delivery area, particularly its accessibility.
If it is verified the inability to comply with the delivery date foreseen, the User/Client will be informed of this circumstance, granting him/her, except in cases of force majeure, the option to continue with his/her purchase, establish a new delivery date or cancel the order requesting the total refund of the amount paid, without prejudice to other rights that he/she may have under the terms of the applicable legislation.
Any delay verified in the expedition of articles, in relation to the presented estimate dates, which are merely indicative, do not give the User/Client the right to any indemnity.
8. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS
As the User/Client is the final consumer under the terms defined by consumer legislation, the risk of loss or damage to the goods sent for delivery by DEL C ÁVILA passes to the consumer when the latter or a third party indicated by him/her, other than the carrier, acquires physical possession of the same.
In any other situations, the risk of loss or damage of the goods is transferred to the User/Client when the goods are handed over to the carrier, even if the latter is employed by DEL C ÁVILA.
Upon delivery, the User/Customer must check the conformity of the goods, namely the state of the packaging, informing the carrier of any damage detected, making mention of it on the delivery note that he/she signs.
If the goods present damage that is not visible at the time of delivery but is the result of poor transport, the customer should, within 3 (three) days, preferably contact DEL C ÁVILA in writing at the following e-mail address info@breathekodikara.com. Alternatively, the customer may contact DEL C ÁVILA at the following telephone number: 925 848 033, available Monday to Friday from 09:00 to 17:00 (times subject to change).
9. PRICE AND PAYMENT
DEL C ÁVILA offers the User several methods of payment:
Credit card (VISA and/or Mastercard)
The order and card data of the User/Client will be sent, duly encrypted, to the banking entity on the date of the order.
ATM
By choosing this method of payment, the User/Client will receive an email with the details to make the payment at an ATM or Homebanking service. After receiving the data, the User/Client has 3 (three) days to make the payment. If the payment is not made within this period, the order will be unilaterally cancelled. In cases where payment has been made and DEL C ÁVILA needs to make a refund, this will be done by bank transfer, and the User/Client will be asked to provide an IBAN in the process;
MBWay
If you select the MBWay payment method you must enter the mobile number where you have the app installed and where you will confirm the payment. Then you will receive a payment notification in the app that you must confirm. This confirmation should be made within a maximum period of 15 minutes. After this time limit the purchase order expires, in these cases it will be necessary to repeat the purchase process to receive a new notification
Paypal
If you choose this payment method, the amount of the order will be charged at the end of the order. One of the most used means of payment in online shopping around the world. For more information or to create an account see: https://paypal.com/pt.
10. PRICES
Prices are presented in euros (EUR) and include Value Added Tax (VAT). The prices shown take into account the VAT applicable on the invoice date. Any modification of the applicable VAT rate will be reflected in the product prices. The advertised prices do not include shipping costs, which will be indicated to the User/Customer before the order is validated.DEL C ÁVILA reserves the right to change the advertised sale prices without prior notice, with the new prices applying to purchases made and orders submitted from the date of the change. Please note that once the order has been validated, the prices cannot be changed in any way. Although DEL C ÁVILA tries to ensure that all prices appearing on the website are correct, some products may have an incorrect price, which is why DEL C ÁVILA always checks prices when processing orders: If the price of the product is lower than the advertised price, DEL C ÁVILA will refund the difference, except in the situation mentioned below. If the price is higher, DEL C ÁVILA will inform the user/customer of this situation by e-mail and await their decision to accept the new proposal, or cancel the order - within 15 days from the date on which this was communicated to the user.
Under no circumstances will DEL C ÁVILA be obliged to supply any product at a lower price (even after sending the order confirmation or its dispatch) if the error in the price is obvious and unequivocal, and this error could reasonably have been recognised by the User/Customer as being an incorrect price.
11. RIGHT OF FREE TERMINATION OF THE CONTRACT
In accordance with the applicable legal regulations, if you are contracting as a consumer, the User/Client has the legally established right to withdraw from the contract within 14 (fourteen) days after its conclusion. You may exercise the right of free termination of the contract provided that the following conditions are met:
Presentation of the product purchase invoice;
The product must be delivered in the same conditions in which it was sold - without damage or signs of use and in perfect condition and / or functioning and packed in its packaging;
To exercise this right, it is recommended that the User/Client first contact DEL C ÁVILA to explain the procedures to be adopted and report on the situation.
Excluded from the Right of Free Resolution, under the terms described above, are contracts for:
The supply of goods produced according to the User/Customer's specifications or manifestly personalised;
The supply of goods which, by nature, cannot be returned or are liable to deteriorate or quickly become out of date;
The supply of sealed goods that cannot be returned for reasons of health protection or hygiene when opened after delivery;
Supply of goods that, after delivery and by nature, are inseparably mixed with other products;
Any other exceptions set forth in DL no. 24/2014, of 14 February, when and if applicable.
If the User/Client is contracting as a consumer, he has the right, legally enshrined, to rescind the contract, until 14 (fourteen) calendar days, counted under the following terms:
From the day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the goods, in the case of purchase and sale contracts;
from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good in the case of multiple goods ordered by the consumer in one order and delivered separately
from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or element, in the case of delivery of a good consisting of several lots or elements;
from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good, in the case of contracts for regular delivery of goods over a period of time.
To exercise the right to free termination of the contract, the User/Client must submit to DEL C ÁVILA a declaration and unequivocal of termination of the contract or, alternatively, the "Model Free Resolution", to be sent by one of the following means:
E-mail:
info@breathekodikara.com
Postal address:
KODIKARA - Customer Service
Rua da Estamparia de Lavadores, 1306
4400-453 Vila Nova de Gaia
Phone:
925 848 033
Monday to Friday from 9am to 5pm (subject to change)
If the User/Client chooses to exercise the right to free termination of the contract by post, an acknowledgement of receipt of the withdrawal declaration on a durable medium will be sent within 48 hours.
On the other hand, if the user/client chooses to exercise the right of free termination of the contract by electronic means, DEL C ÁVILA will send the user, within 24 hours, an acknowledgement of receipt of the withdrawal declaration on a durable medium.
If the right of free termination is exercised, the User/Client will bear the full cost of returning the goods. The user/client is liable for any devaluation of the value of the purchased product(s) after delivery.
Likewise the User/Client will be responsible for any vice or non-compliance found in the product(s) caused by its (their) transport, where this is not the responsibility of DEL C ÁVILA.
Following the exercise of the right of Free Cancellation, the refund of the amount paid by the User/Client, including, if applicable, the costs that he/she has paid for the delivery of the good, will be made after validation of compliance with the return conditions, within a maximum period of 14 (fourteen) days.
For amounts paid by Credit Card, or PayPal, the refund will be made for the same means of payment. In the case of amounts paid by ATM or MBWay the refund will be made by bank transfer, being requested the IBAN to the User / Customer during the refund process.
If the User / Customer wants the refund to be made by different means, he must, within 5 (five) days from the sending of the declaration of termination of contract, communicate in writing, providing all necessary information, by one of the following means:
E-mail:
info@breathekodikara.com
Postal address:
KODIKARA - Customer Service
Rua da Estamparia de Lavadores, 1306
4400-453 Vila Nova de Gaia
Phone:
925 848 033
Monday to Friday from 9am to 5pm (subject to change)
The refund may be withheld until DEL C ÁVILA has received the goods given for return, or until the User/Client provides proof of the dispatch of the goods, whichever occurs first.
The User/Customer must return the goods without undue delay and no later than 14 (fourteen) days from the day on which he or she informed us of the free termination of the contract, the same being deemed to have been respected if the User/Customer returns the goods before the expiry of this period of 14 (fourteen) days.
The User/Client may choose to make their return by:
| Postal service |
The User/Customer will have to bear the full costs of returning the goods. |
| Shop delivery |
The User/Customer will have no cost for returning the goods. |
DEL C ÁVILA will only be responsible for the costs of return and reshipment if there is a proven internal error and the product sent does not correspond to the order, if the product presents original defects or has been damaged during transport and if this is the responsibility of DEL C ÁVILA. In this situation, when requesting collection of the items to be returned, the User/Client must send a photograph to the aforementioned e-mail address for verification of their condition.
In the event of a request for a refund for article(s) purchased at a reduced price, due to a special offer, or with a promotional code, DEL C ÁVILA will only refund the amount actually paid by the user/customer and not the entire amount.
12. CONTRACTUAL RIGHT OF RETURN
In addition to the legally recognised right of the consumer to free termination of the contract, the User/Client is granted a period of 30 days from the date of confirmation of dispatch of the products to return the items purchased, except for those mentioned below, or others that due to their characteristics prove to be, justifiably, impossible or inconvenient for the purpose of return.The User/Client may exercise their right to return products in accordance with the terms provided for the exercise of the right of free termination of the contract.
Under no circumstances does the User/Client have the contractual right to return the following products:
Personalised items;
Products that are not suitable for return due to hygiene reasons and/or that have been opened after delivery (Ex: underwear, bath articles, etc.);
Articles with security and guarantee seals;
All items will be checked upon arrival and only those that meet the above and below conditions will be accepted for return.
Once the item has been examined, the User will be informed if they are entitled to a refund. We reserve the right to refuse returns that do not respect these terms.
The right to return products shall only apply to products that can be returned in the same conditions in which the User received them. No refund will be made if the product has been used beyond simply opening its packaging or has been damaged.
Products must show no signs of having been washed or used beyond proof of shape and size;
Products must retain their original characteristics;
Products must not be deteriorated;
The products must be in perfect condition (never worn, unwashed and with the labels, without any arrangement);
The packaging should not be damaged beyond what is necessary for careful opening;
The products must be complete with all its parts and even the respective identification labels;
The returned article must be in condition to be put back on sale, with its original packaging intact;
The return will be made as soon as possible, and within a period not exceeding 15 (fifteen) days. DEL C ÁVILA reserves, however, the right to retain the return until the effective reception of the product, and the mere request is not enough.
13. CONSUMER GOODS WARRANTY
The products sold to Users/Consumer Customers are covered by the legal regime of Sale of Consumer Goods and Guarantees Relating thereto, approved by Decree-Law No. 67/2003, of 8th April, in its current version, and their conformity is guaranteed for a period of two years from the date of delivery of the product(s). If the purchased product presents any non-conformity, the User/Client should communicate the situation, in writing, informing the number of the order and sending a detailed description of the defect. This must be done by one of the following means:
E-mail:
info@breathekodikara.com
Postal address:
KODIKARA - Customer Service
Rua da Estamparia de Lavadores, 1306
4400-453 Vila Nova de Gaia
The costs of return or collection of articles not conforming to the contract, which are within the period, will be borne by DEL C ÁVILA.
Upon receipt of the article, whose lack of conformity is alleged, at the premises of DEL C ÁVILA, it will be checked and duly evaluated.
If the lack of conformity of the goods is proven under the terms of the law, the user/customer who is a consumer is entitled to have it restored, free of charge, by means of repair or replacement, to an appropriate reduction in price or to rescission of the contract.
The replacement of the product(s), its repair, the cancellation of the contract or the settlement of the price must be made within 30 (thirty) days.
If the verification and evaluation of the product(s) result in signs of misuse or non-compliance that is, intentionally or negligently, imputed to the User/Client, the same(s) will not benefit from the aforementioned guarantees.
14. SIGNATURE AND PROOF
The online indication of the bank card number and the final validation of the order will constitute proof, in accordance with the legal provisions, and will allow the enforceability of these amounts. Validation of the purchase order implies that the User/Client has taken note of and expressly accepts the present General Terms and Conditions of Distance Selling, available for consultation on the website www.breathekodikara.com.
The data recorded by DEL C ÁVILA constitute proof of all transactions carried out between DEL C ÁVILA and the User/Customer. DEL C ÁVILA shall be responsible for archiving the electronic document formalising the contract and keeping it accessible.
15. LIABILITY
All products marketed on the website www.breathekodikara.com are in accordance with Portuguese law.
DEL C ÁVILA is not responsible 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 the User/Client.
Similarly, DEL C ÁVILA may not be held liable if the breach of its obligations is attributable to an unforeseeable or insurmountable third party event, i.e. due to force majeure. It is the sole responsibility of the User/Client to keep the information of their Customer account details correct and up-to-date, through the Customer Area of our website, or through our Customer Support service. DEL C ÁVILA declines any responsibility for any delay or impossibility to process the order, namely in the act of delivery, resulting from error or insufficiency or error of the data communicated by the User/Customer.
The article(s) sold are described and presented on the website as accurately as possible. If, despite all our precautions, errors occur on the DEL C ÁVILA website or in its catalogues, DEL C ÁVILA shall not be held liable for this fact. Except in the event of a guarantee, any transaction carried out between DEL C ÁVILA and its Users/Clients, which is not contested, through the appropriate channels, within a period of six (6) months, may not give rise to any claim or liability on the part of DEL C ÁVILA.
16. TRANSFERABILITY OF RIGHTS AND OBLIGATIONS
Any contracts concluded between DEL C ÁVILA and the User/Client are binding on the parties, as well as on any successors, assignees or heirs of DEL C ÁVILA.
The User/Client is not entitled to transmit, assign, record or, in any other way, transfer a contract or any of the rights and obligations deriving from it to its benefit or to itself, without prior written consent on a durable medium from DEL C ÁVILA. DEL C ÁVILA may transmit, assign, record, subcontract or in any other way transfer a contract or any of the rights and obligations derived from it to its benefit or for its own benefit at any time during the term of the contract, provided that this does not diminish the contractual or legal guarantees of the User/Client.
17. PROCESSING OF PERSONAL DATA
DEL C ÁVILA is responsible for processing the personal data collected on the www.breathekodikara.com website. The data collected on this website is necessary for the conclusion and execution of the purchase and sale contract, for the processing of orders and communication with the User, the processing of requests for information and any complaints, statistical analysis and evaluation of satisfaction. The provision of the information requested in the context of User registration is compulsory and the User guarantees that the information provided is true.
For more information on privacy and personal data protection, please consult our Privacy Policy here.
18. FORM OF COMMUNICATIONS
Under the terms of the applicable legislation, when using this website the User/Client accepts that, as a rule, communications will be made in writing and on a durable medium. In this sense, as a rule, contact with the User/Client will be made via the email address supplied by the latter. Moreover, where necessary, DEL C ÁVILA will post notices to Users/Clients on this website. Thus, the User/Client, accepts the use of electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically satisfy the legal requirement that such communications be in writing. This condition shall not affect any legally recognised rights.
19. INTELLECTUAL PROPERTY
The User/Client acknowledges that all copyright and other intellectual property rights over the materials or contents that are provided as part of the website are, at all times, the property of DEL C ÁVILA, or of whoever has granted it the licence to use them.
In this way, under the terms of the Copyright and Related Rights Code, where applicable, their use will only be authorised for private purposes, without prejudice to more restrictive provisions contained in the aforementioned Codes.
Any reproduction or representation of all or part of the www.breathekodikara.com website, in whole or in part, of the elements included therein is strictly prohibited, and must be subject to prior written authorisation from DEL C ÁVILA, under penalty of recourse to the competent legal means against anyone acting in this way.
20. LINKS TO AND FROM THE WEBSITE
The User/Client who has a personal website on the Internet and wishes to place, for personal use, on his or her website a simple direct hyperlink to the homepage of the website, must request authorisation from DEL C ÁVILA. This will not constitute an implicit affiliation or partnership agreement.
On the other hand, any hypertext link to the website using the framing or in-line linking technique is formally prohibited.
In any case, any hyperlink, even if tacitly authorised, must be removed at the simple request of DEL C ÁVILA.
If our website contains links to other pages and third-party material, these are provided for information purposes only, without our being in any way responsible for the content of such pages or material. Consequently, DEL C ÁVILA is not liable for any damage resulting from their use.
21. TOTAL AGREEMENT
The present terms and conditions constitute the entire agreement between the parties concerned, replacing any others previously in force, as well as any other pact, agreement or promise made between DEL C ÁVILA and the User/Client prior to its entry into force.
Any contract entered into on or after 15 September 2020 shall be governed by these terms and conditions, without prejudice to any subsequent amendment thereto and to any other legally applicable provisions.
Should any of the clauses of these terms and conditions become null and void, due to a legislative or regulatory change or by judgment, this shall not prevent the remaining terms and conditions to continue in force, not being affected by such declaration of nullity.
22. WITHDRAWAL
Failure on the part of DEL C ÁVILA to request strict compliance by the User/Client with any of the obligations assumed by it under these terms and conditions or under contract, or failure on the part of DEL C ÁVILA to exercise the rights or actions that are due/recognised under these terms and conditions or under contract, shall not result in the waiver or limitation of these rights or actions, nor shall it exonerate the User/Client from compliance with its obligations.
No waiver by DEL C ÁVILA of any clause of these terms and conditions or of the rights or actions arising from the conclusion of a contract shall be effective, unless it is expressly established that it is a waiver. Such a waiver must be formalised and communicated to the User/Client in writing and in a durable format.
23. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
Portuguese law shall apply to the use of the website www.breathekodikara.com, to these terms and conditions and to sales contracts entered into through this channel, even if the User/Client is outside Portugal.
Likewise, the Portuguese courts shall have jurisdiction in any dispute or divergence arising from the application of these terms and conditions, the use of the website or any contract entered into by this means.
24. ALTERNATIVE DISPUTE RESOLUTION
To solve any consumer dispute, it is always possible to resort to an arbitration entity.
Thus, if the transaction concluded between the User/Consumer Client and DEL C ÁVILA has been concluded through our website, in accordance with EU Regulation No. 524/2013 , the User/Client has the right to try to resolve any dispute out of court by accessing the electronic platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. The updated lists of Alternative Dispute Resolution Entities, available pursuant to the terms of Article 17(2) of Law 144/2015 of 8 September, as amended by Decree-Law 102/2017 of 23 August, are available for consultation at: https://www.consumidor.gov.pt/parceiros/sistema-de-defesa-do-consumidor/entidades-de-resolucao-alternativa-de-litigios-de-consumo/ral-mapa-e-lista-de-entidades.aspx