Terms and conditions

Terms of Use.

The language used in these Terms and Conditions of Use is English.

1. Identification of the vendor
The following terms and conditions of use (henceforth the “Terms of Use”) are valid between the customer (henceforth “you”, “your”, “user” and “Customer”) and JOSE ELIAS MIRA SOLER with registered VAT number PT287916391, (henceforth “we”, “us” and “ELIASMIRA”) and apply to all use of and orders placed on ELIASMIRA website www.eliasmira.com (henceforth the “Website”) as well as govern the access to, and the use of the Website.

ELIASMIRA does not guarantee that all products (henceforth “Products” and/or “Product”) presented on the Website are in stock or are available for purchase. ELIASMIRA reserves its right to stop selling a Product at any time. ELIASMIRA reserves the right to revise the Terms of Use at any time. All purchases are subject to the Terms of Use in the version applicable at the date of submitting the order. The date of the latest update of the Terms of Use is found below, in the final section of these Terms of Use.

By using the Website implies the full acceptance of these Terms of Use and all rules, including but not limited to the Privacy and Cookie Policy referred to in separately, as well the acknowledgement of their relevant mandatory nature. The Privacy and Cookie Policy can be found at www.eliasmira.com. In case of registering to use the Website, you will be asked to agree to be bound by these Terms of Use. Note that you should keep a copy of these Terms of Use for future reference.

2. Official language
The language used in the Website is English.

3. Official currency
The prices of all Products in the Website are expressed in Euros.

4. User age
Orders can only be placed by persons that are 18 years or older.

5. Placing orders
By using the Website and/or placing an order on the Website you confirm that you have read these Terms of Use and the Privacy and Cookie Policy, and that you accept them. Orders can only be placed if you have previously confirmed that you accept these Terms of Use. Please make sure that you have read and understood the Terms and Conditions of Use.

6. Orders acceptance

Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you.

7. Orders confirmation
After receiving your order, we will send you an order confirmation by email with details of the Product or Products you have ordered from us, your order number, your payment details and delivery details. Please note that the confirmation by email is not an acceptance of the order.

8. Shipping confirmation
Once the order has been processed, a shipping confirmation email will be sent with all relevant information about your order. The shipping confirmation is our acceptance of your order. Please note that we does not guarantee that all Products presented on the Website are in stock at the time of your order. If we already have received payment for any unavailable product, we will refund you the amount of the purchase.

9. Invoicing
For each order, we shall invoice to you by email including information of the purchased Products as well including your provided data of invoicement. Note that no alterations to the invoice are possible after the invoice has been issued.

10. Shipping and delivery
Purchased Products shall be delivered by a courier service selected by us (henceforth the “Courier”). Generally, the parcels are shipped via UPS.

Note that handling and shipping costs depend on the country and the total amount of the order, and shall be indicated on the invoice. ELIASMIRA cannot be held responsible for any action and/or costs and/or taxes and/or delays due to any customs law.

Estimated period between placing an order and its delivery is from 3 (three) to 9 (nine) business days and in case of exceeding this period the Customer may not give rise to any cancellation of the order.

We will send you a shipping confirmation by email once the Products have been dispatched.

Purchased Products shall be delivered on business days, excluding Saturdays, Sundays and local or national holidays, within 30 (thirty) days from the date of the order confirmation. Delivery times do not take into account possible delays caused by payment authorization and/or on the part of the shipping company.

Your order shall be delivered by the Courier to the shipping address you have indicated. At the time of delivery your signature will be required. Note that the Courier may request an identification to the person receiving the goods. At the time of delivery by the Courier, you are required to verify that the packaging are intact, undamaged, and not altered in any manner. Any damages to the packaging must be immediately indicated in writing on the Courier’s delivery note.

In case of an incorrect address, and/or incomplete address, and/or inability to place the parcel in the Customer’s letterbox, and/or refusal to receive the parcel by the recipient, and/or lack of information, making it impossible to deliver of the goods to the recipient at the appointed time ELIASMIRA cannot be held liable for the complete completion of this delivery. In the event that any of the above situations leads to a second presentation to the recipient, we shall be entitled to request from the Customer the payment of the corresponding fees for this second delivery.
The Customer is subject to the general terms of delivery of the Courier in case of absence of the recipient, and according to the general terms of delivery of the Courier the parcel may be presented again, and/or be left at the Courier facilities and/or be returned to ELIASMIRA, who shall in no any case be held responsible for any charge, loss, theft of, or damage to the Products in relation with their delivery.

Any claim regarding the delivery of the Products must be submitted in 14 (fourteen) business days from the date in which you and/or the representative duly authorized to receive the order obtains the Products.

11. Prices
At ELIASMIRA Website, all the purchase orders are payable in Euros and must be settled immediately at time of placing the order. In case of unavailability of some Products ordered, only the price and shipping costs related to the available Products shall be debited.
The prices and delivery costs shown on the Website include VAT and may vary from time to time, ELIASMIRA reserves the right to change at any time and without prior notice the prices of Products offered on the Website. Please note that we may cancel any order even if it has been accepted by ELIASMIRA under the condition that you realize or should have realized that the price information was incorrect. If we already have received payment for a cancelled order we will refund you the amount of the purchase, and the refund will made using the same payment method you used at the purchase.

12. Methods of payment
All payments are completely secure at ELIASMIRA Website (SSL).

Payments will be debited from your account once you place the order. We are not responsible for any charges which may be imposed by the payment providers.

By using any method of payment provided on the Website, the Customer accepts and confirms that all personal data provided to make the payment are true, and they are yours, and therefore, recognizes and accepts that ELIASMIRA cannot be held responsible for any improper use resulting from any fraudulent data information provided by the Customer.
By submitting your personal data you accept it and will not hold us responsible for any possible data personal data violation to other third party.

Payments can be made by Credit Card:

Visa – Mastercard – American Express.

All credit card holders are subject to validation checks and authorization by the card issuer. The Customer shall confirm that the credit card that is being used is yours. If the issuer of your payment card refuses to authorize the payment to ELIASMIRA, your order will be cancelled.

Payments can be made by Paypal:

When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and clicking “Pay Now”. If the issuer of your payment account refuses to authorize the payment to ELIASMIRA, your order will be cancelled.

Payments can be made by Multibanco:

Payments by Multibanco are accepted. Please note that the products are only able to be delivered once the payment has been received in cleared funds by ELIASMIRA. If the issuer of your payment account refuses to authorize the payment to ELIASMIRA, your order will be cancelled.

Payments can be made by Direct Bank Transfer:

Make your payment directly to our bank account. Your order will be processed once the funds have been settled in our account. If the issuer of your bank account refuses to authorize the payment to ELIASMIRA, your order will be cancelled.

13. Right of withdrawal
The Customer has the right of withdrawal with no reason within 14 (fourteen) days from the date in which you obtains the Products.

In order to exercise your right of withdrawal, you must inform us at orders@eliasmira.com or by ordinary mail, by means of an unambiguous notification of your decision to cancel this contract.

Within 14 (fourteen) days from the communication of cancellation you shall return the purchased Products to ELIASMIRA. Any parcel returned after the prescribed time frame shall be refused.

The costs and risks pertaining to the return of Products are borne by the sender. No parcel returned as cash on delivery shipping shall be accepted. In order for ELIASMIRA to accept the exchange and/or reimbursement, the Products must be returned in entire condition in its original packing, undamaged, not worn and accompanied by a copy of the purchase invoice.

We shall refund the payment received from you, within 14 (fourteen) days from the day on which ELIASMIRA is informed of your decision to cancel from the contract.

We shall reimburse you by bank transfer into the account belonging to the credit card you used to make purchases at the Website www.eliasmira.com and provided that does not incur any charge as a result of such refund.

We are entitled to withhold the refund until we has received the Products back, and/or you have evidenced that you have sent the Products back to us. In case of the reconsignment of the Products you have to bear the direct costs, as well any potential loss in value of the Products resulting from the handling of the Products will have to be compensated by you.

Once the Products has been shipped, the purchase order cannot be cancelled or modify, however, the shipped Products can be returned as set forth in accordance to these section.

14. Returns and exchanges
Purchased Products are exchangeable into a different size in accordance with the terms set forth in the section Right of Withdrawal (13) in these Terms of Use.

All exchanges are subject on stock availability. Note that delivery costs for exchange the Products shall be borne by the Customer in accordance with the terms set forth in the section Right of Withdrawal (13) in these Terms of Use and ELIASMIRA has no obligation to pay such costs.

Exchanges will be processed by us upon receipt of returned Products as a new order and are subject to the same terms and conditions as set forth in these Terms of Use.

Purchased Products must be returned to ELIASMIRA in their original condition and according to the following shipping conditions:

Once the Products are received, you shall contact with us by email at orders@eliasmira.com, in order to ask for your “Return Number” and your “Return Authorisation” formulary. You shall include a complete description of the delivered Product which is intended to be exchange, clearly indicating the code and the size of the new Product that you wishes to receive.
No parcel shall be accepted without a return number and this number must be written legibly in the parcel.

The Customer shall not have to pay charges, with the exception of return costs and potential customs duties related to returning of the Products to ELIASMIRA.

To ensure the return of the Products, we recommend that the Products are returned through the same Courier that we used to the initial shipping and delivery, but you may return it by any secure transport by a traceable method and after providing us the tracking number. We shall send a confirmation of receipt of the Product by email.

The Customer shall be liable for any diminished value of the Products and shall not remove any label attached to the Products.

Products must be returned to the follow address:

ELIASMIRA
Rua Bento Landureza, 356 – 2-Esq.
3720-261 Oliveira De Azeméis- Aveiro
Portugal

15. Quality standard
All our Products maintain a high degree of excellence in terms of manufacture and quality, however, note that in order to its improvement we may do some changes. ELIASMIRA reserves the right to change and/or to improve the quality of any Product at any time. 

16. Colors
Our Products at the Website maintain a high fidelity with the reality in terms of color, however, note that due to the color settings of your computer, the colors of the Products shown in the pictures on the Website can differ from their actual colors. ELIASMIRA cannot be held responsible for any such discrepancy.

17. Defective products
In case to detect any defective Product you are entitled to complain within one year. However, you must always to notify at shop@eliasmira.com within a reasonable time after you have detected that the products are defective. If we consider the Products to be defective, we will make a full refund include standard delivery costs.
ELIASMIRA reserves the right to determine if the damage is due to construction or normal wear. If you would like to know if your repair is covered, please contact us directly at shop@eliasmira.com for more information.

18. Resale policy
Products on sale on www.eliasmira.com Website are for personal use only, and not for resale. Resales are totally forbidden and by placing an order on the Website www.eliasmira.com you certify that you are purchasing Products for your own personal use and not for resale and that you accept entirely our Terms of Use.

19. Trademarks
ELIASMIRA, including the logo is a registered trademark. Note that your use of this Website does not grant you any rights to use our trademark.
You may purchase Products on www.eliasmira.com, but you can not separate the trademark, and/or make it unrecognizable, and/or use it in other goods in any commercial way, and/ or in any other manner.

20. Copyright permission legal notice
Copyright in the documents provided in this site including, without limitation, the trademark ELIASMIRA, logos, graphics, photos, images, designs, icons, text, data, and software are owned by or licensed to ELIASMIRA.
You are authorized to use this material only for personal, non-commercial purposes.
You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not publish, duplicate or otherwise distribute the material to others, in complete manner, or in parts, or in fragments without prior written consent from ELIASMIRA. You may not modify the material in any way, without the prior written permission of ELIASMIRA.

Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.

21. Privacy and Cookie Policy
Cookies are used on the Website to improve your browsing experience. By browsing the Website you consent to the use of cookies. Please see our “Privacy and Cookie Policy” referred to at www.eliasmira.com

22. Information on the website
ELIASMIRA cannot guarantee that the content of the Website is free of inaccuracies or typographical errors and that all information is up-to-date. We may, at any time, reform any content of the Website. We try to show in best manner texts, images and pricing on the Website and online shop, but some errors may occur. We cannot be held responsible for any errors resulting from the activities of third party operators which may provide services through the Website. We cannot be held responsible for any damage caused from using the Website or, for not being able to use the Website, and cannot guarantee problem-free, uninterrupted, and secure access to the Website.

23. Infringement of regulation and indemnity
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ELIASMIRA, FROM ANY LOSSES, CLAIMS, LIABILITY, OR DEMAND, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, OUR ADVOCATES COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, IN VIOLATION OF THESE TERMS OF USE AND/OR ARISING FROM INFRINGEMENT OF THESE TERMS OF USE. 

ELIASMIRA RESERVES THE RIGHT TO SEEK ALL SOLUTIONS AVAILABLE TO US AGAINST VIOLATIONS OF RULES OF THESE TERMS OF USE, INCLUDING THE RIGHT TO BLOCK ACCESS TO THE WEBSITE.

ELIASMIRA RESERVES THE RIGHT TO SEEK ALL SOLUTIONS AVAILABLE TO US AGAINST VIOLATIONS OF RULES OF THESE TERMS OF USE, INCLUDING THE RIGHT TO BLOCK ACCESS TO THE WEBSITE.

24. Exclusion of warranties
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS WEBSITE, ITS CONTENTS AND UTILITIES ARE PROVIDED FREE OF CHARGE. WE PROVIDES NO WARRANTY RELATED WITH THIS WEBSITE, ITS CONTENT OR UTILITIES, AND EXPRESSLY WE DECLINES ANY SUCH WARRANTIES OR LIABILITY.

WE TRY THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS UP TO DATE, WE CANNOT GUARANTEE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS FREE FROM ERRORS OR OMISSIONS, WE MAKES NO WARRANTY, AND WE SHALL NOT HAVE LIABILITY, IN RESPECT OF THE SAME. 

WE RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.

25. Limitation of liability
ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE NOT ALLOWED IN SOME COUNTRIES, AND, IF REQUIRED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. 

WE PROVIDE THE UTILITIES OF THE WEBSITE FREE OF CHARGE, AND YOU ARE RESPONSIBLE FOR EVALUATING FULL INFORMATION AND FULL CONTENT OBTAINED THROUGH THE WEBSITE, AND BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE OF THE WEBSITE, AND YOU TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND ALL COSTS ASSOCIATED WITH ALL NECESSARY UTILITIES AND MAINTENANCE OF HARDWARE AND/OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE. 

TO THE FULLEST EXTENT PERMISSIBLE  BY APPLICABLE LAW, YOU UNDERTAKES NOT TO HOLD US, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, ITS CONTENTS OR CONTENTS RELATED TO IT AND/OR WITH ANY FAILURE OF EFFICIENCY, OMISSION, ERROR, DEFECT, INTERRUPTION, COMPUTER VIRUS, OR SYSTEM FAILURE.

IF PROVIDED UNDER THE APPLICABLE LAW, CLAIMS OF THE CUSTOMER RELATED TO DAMAGES TO HEALTH, BODY AND MIND OR DAMAGES RESULTING FROM A INFRINGEMENT OF MATERIAL CONTRACTUAL OBLIGATIONS, THE LIABILITY FOR OTHER DAMAGES WHICH ARE BASED ON FRAUD, INTENTION OR GROSS NEGLIGENCE OF ELIASMIRA ARE EXEMPTED FROM THIS EXCLUSION.

26. Governing Law
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PLACE OF JURISDICTION FOR ANY DISPUTES ARISING FROM, OR PERTAINING TO THESE TERMS OF USE IS THE DISTRICT OF AVEIRO, PORTUGAL.

THESE TERMS OF USE AND ANY NON CONTRACTUAL OBLIGATIONS ARISING FROM OR PERTAINING TO THESE TERMS OF USE SHALL BE GOVERNED BY AND WILL BE INTERPRETED IN ACCORDANCE WITH PORTUGUESE LAW.

27. Company information
JOSE ELIAS MIRA SOLER
NIF: PT287916391
Rua Bento Landureza, 356 – 2-Esq.
3720-261 Oliveira De Azeméis- Aveiro
Portugal

28. Last update of the terms and conditions
The latest update of these Terms and Conditions of use was made in January, 2019