TERMS AND CONDITIONS OF SALE

1. Identification

Juliana H Company II -High Fashion SA, hereinafter referred to as JULIANA HERC , headquartered at Rua Professor Rodolfo Abreu nº108 / 112 – 4150-637 – Porto, Portugal, NIPC PT 515527360 is the legitimate owner of the official website of the JULIANA HERC and JHERC trademarks and whose domain may be found at http://www.julianaherc.com and www.julianaherc.com

2. Client support

 

For further information or to clarify any doubts, you can contact JULIANA HERC by e-mail sales@julianaherc.com , or by phone +351 224 914 009,  (Call for Portuguese national Number) from Monday to Friday, from 10:00 a.m. to 7:00 p.m.

3. Application of the Terms and Conditions

These Terms and Conditions exclusively regulate the purchase and sale made on JULIANA HERC’s online store and apply to site visitors and transactions.

The navigation in the site, as well as the purchase of any product implies the acceptance of the present general conditions of use and contracting.

E-commerce services are only available to final consumers.

Because it is intended for private use, the reproduction, transfer, distribution or storage of the contents of the online store, without prior written authorization, is prohibited for any other purpose.

It is strictly forbidden to introduce links to our website for commercial purposes and without the proper authorization, as well as the use of the domain www.julianaherc.com for abusive purposes. We do not control nor can we assume responsibility for references and contents to the JULIANA HERC online store, namely links that allow you to access www.julianaherc.com.

It reserves the right not to be processed any orders received from users that are not Final Consumers or those that do not comply with these general conditions of sale.

JULIANA HERC reserves the right to change the conditions of use and contracting, without prior notice, as well as to modify at any time the information and commercial offer presented on products, prices, promotions, commercial conditions and services, and any changes will always be published At www.julianaherc.com.

4. Comercial politics

The validation of the purchase order assumes that the Buyer has knowledge and accepts the General Terms and Conditions of Sale.

The photographs presented on the website are merely illustrative. Therefore, we recommend that you check in detail the characteristics of the product that you want to purchase. It should be noted that the products displayed for sale on the site may not exactly match the actual clothing with regard to the displayed image and colors, especially due to the internet browser and monitor used.

We will always try to ensure that the information presented on www.julianaherc.com is accurate and free from typographical or other errors and will correct them as soon as possible whenever they occur.

Prices and product specifications are subject to change without notice.

The final consumer is solely responsible for the veracity of the personal data communicated to JULIANA HERC and undertakes to immediately insert and report any change through its registration account in order to Not compromise the processing of sales and delivery operations.

JULIANA HERC therefore exonerates itself from any responsibility for possible delay or impossibility of processing the order resulting from error or insufficiency of the data communicated by the Final Consumer, namely at the time of delivery.

Orders will only be shipped on weekdays. Thus, to estimate the time of delivery of orders, weekends and holidays are not counted. Any delay in the shipment of articles, in view of the estimated dates presented, does not confer the right to compensation.

A delivery is deemed to be effected or a product is deemed to be delivered with the signature of the delivery receipt.

Juliana Herc Reserves ownership of the company’s products until the full payment of all these products has been received.

5. Product Acquisition

In order to place an order at www.julianaherc.com it is necessary for you to have a valid email account and register as a Juliana HERC customer, filling out the online form containing the following Information: title, first name, last name, full shipping address, email address and telephone number. You should pay special attention to the part of the address. The customer also creates his password at this point. In the event that you do not want to create a customer account, the data only serves this order.

Then the acquisition process at www.julianaherc.com and www.julianaherc.com is very simple:

– Browse the pages of JULIANA HERC online store and find the product (s) you want to purchase.

– Simply add the selected products to the shopping basket, check the characteristics, quantities and delivery destinations, and finalize and validate your choice (where available) of one or more selected products with a click. If a customer receives a special offer this should insert the code previously provided in the space available for this purpose.

– Select the mode of payment.

– Proceed with payment confirming the request.

Finally, you will receive a confirmation by e-mail, which we suggest you print or save for future reference. If the data is not correct, you can request, within one hour, your change or cancellation, to the e-mail – sales@julianaherc.com

After the days provided for the shipment, you must then receive the purchased parts.

In the confirmation of the order, you will find the estimated date for shipment of the products, after confirming the payment. The estimated shipping time may vary depending on the carrier (a) and the destination of your order. The dispatch of orders is only carried out on weekdays. Thus, to estimate the time of delivery of orders, weekends and holidays are not counted. Any delay in the shipment of articles, in view of the estimated dates presented, does not confer the right to compensation.  

A delivery is deemed to be effected or a product is deemed to be delivered with the signature of the delivery receipt at the agreed address in one of the countries mentioned in the list of countries available.

The consumer is solely responsible for the accuracy of the personal data transmitted. In the event that it is impossible to complete the transaction and / or delivery due to the veracity and / or accuracy of the data transmitted, Juliana HERC disclaims any responsibility and may not accept or cancel the order in whole or in part, even after Confirmation, and reserves the right to compensate for any damages.

6. Product Availability

JULIANA HERC only processes an order after confirming its payment, so it can not guarantee the availability of the articles until the payment process is finished. 

In the confirmation of the order, you will find the estimated date for shipment of the products, after confirming the payment. Of course, the estimated shipping time may vary depending on the carrier and the destination of your order.

Satisfaction of all orders placed on the site is subject to availability of the products. JULIANA HERC tries to ensure that all items put up for sale on the site are in stock. However, it reserves the right not to accept any orders or cancel orders already confirmed for products that no longer have stock. In case of unavailability of the product and / or stock breakage, JULIANA HERC will inform the Final Consumer immediately of the partial or total cancellation of its order, proposing a new delivery date or the issue of Credit note or return of the amount paid, by agreement.

7.Payment methods

The forms of payment available will be those presented at www.julianaherc.com and www.julianaherc.com. We do not accept any payment methods other than those mentioned.

 You can pay your order through Credit Card via paypal, and you will be provided with all the necessary instructions for this mode of payment.

The purchase price of the products, as indicated in the order form, will be charged to the current account when the products purchased are actually shipped.

We urge you not to attempt to pay for any other unspecified means, otherwise we will not be liable for loss of payment or any other consequential damages.

8. Prices

The prices of products displayed on the site include Value Added Tax (VAT), credit card including mastercard and visa, at the legal rate in force.

The total price specified in the final menu includes taxes and shipping costs. Please only transfer the exact amount specified in the order confirmation and make individual transfers by order.

The prices are all broken down into Euros, Dólars and Reais and any change in the taxes of the country of delivery of the order may have influence on prices.

JULIANA HERC reserves the right to change the value of the products by changing the VAT, these changes are checked in the value of the product without prior notice. In addition, it is not responsible for the return of VAT of orders and reserves the right to change prices at any time and the products are invoiced with the value of the product when ordering the same.

9. Security & Privacy

JULIANA HERC uses the latest and most robust security technologies available for encryption platforms. All payment information you provide will be encrypted from the initial moment of your transaction to the time the order is processed and will not be stored on any public server.

Although we use highly evolved encryption software, any payment transmitted over the Internet, or via e-mail, carries some risks, especially when the User does not take the necessary precautions and does not assume the proper conduct of responsibility.

In this way, JULIANA HERC can not be held liable for any damage suffered as a result of the use of electronic means of communication, namely damages caused by failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by programs of Used for communication or transmission of viruses.

Juliana HERC controls all orders that have been validated on the site. This monitoring serves to protect Juliana HERC from abusive practices and is operated by someone who has fraudulent behavior.

Our services may request additional information by email to unlock your order, namely proof of residence of the person indicated for delivery of the order to the address provided, if it is:

– an order whose billing address is different from the delivery address;

– a new customer or existing customer who has had his / her account verified;

– an order worth more than 1500 Euros.

10. Registration / Login

Customers who have already made a purchase at Juliana H Company S.A can choose the password that allows them to make new orders without filling out the customer forms again.

 The customer already registered in the site is recognized on the website as a customer of Juliana H. Company SA.

The password of a customer of Juliana H. Company SA is strictly confidential and personal and should be guarded against and not divulged very seriously.

Juliana HERC can not be held liable if the password is used by third parties.

11. Delivery

After registering your order, being confirmed the respective payment and being available all the parts of your order, it will be sent observing the following delivery times: with 15 working days the deadline:

– Continental Portugal: Delivery CTT

– Madeira Archipelago and Azores: Delivery CTT

– European Union: Delivery UPS

– Rest of the World: we will deliver the order within an indicative period of 30 working days:  Delivery UPS

Juliana HERC shall not be liable for any non-compliance, or delay in complying with, any obligation to send due to an event of force majeure, that is, an event, act or omission beyond its reasonable control.

Juliana HERC reserves the right to split the delivery of the order, for example, if a part of the order is delayed or not available.

Delivery times are valid for any order placed on the site and validated before 12:00 a.m. (London time). For any order validated after 12:00 a.m., a further 1 day must be added to the delivery time.

12. Return and Exchange

All products purchased at www.julianaherc.com and www.julianaherc.com can be exchanged, freely and at no additional cost, or a refund may be required. The return or exchange period is 15 days from the date of delivery of the order, and for this purpose, the form provided in the attachment must be completed.

All products are individually identified with a safety label. If you want to return the purchased product, do not remove the label or safety seal of the purchased product.

The right of Juliana HERC does not accept the return of products if they do not have a security label or seal, when the labels have been changed in relation to their original state or damaged, when the products show signs of use and when they are not complete. (Eg both items of a pair must be returned, in the case of parts that are composed of accessories that make them up, ….)

To make an exchange or return you must use the same carrier that delivered the order at your address, as follows:

– Place and pack the item (s) in a card box, you can use the original packaging in which you received the order if it is intact, by attaching the completed return or exchange form as required, closing it and sealing it with Tape-glue. Remove any labels, stickers, or other materials that apply to previous shipments.

– The picking must be scheduled by the customer service department within three days after you have made the request for exchange or return. If you are not at the address indicated at the time of the collection, a new date / time picking will be scheduled to be agreed between the customer and the carrier.

– The value for exchange or return is the responsibility of the customer.

– There are no pick-ups on weekends and holidays.

– After received the product, will be verified by the Quality Department and verified compliance with our requirements for exchange and return. If so, the exchange or return is confirmed and the refund made, through the same form of payment used in the purchase.

In the case of a simple exchange of products, if you choose a product of lower value you will be credited the difference and processed the shipment, in the case of product of superior value and that additional payment is required, you will have 48 hours to do so, Being able to choose one of the means of payment accepted. Shipping will only be processed after payment is received. You can send us the proof by e-mail, for reasons of speed, to sales@julianaherc.com

We pay special attention to the fact that the unprocessed orders are not delivered by the carrier.

In particular, orders not delivered to the address indicated by the following reasons are considered unprocessed: delivery not obtained, not claimed, refused, damaged during transport, opened …

 – Return by “DELIVERY NOT ACCEPTED”: Orders returned by the carrier with the following note: “Delivery not possible”. Once the shipment has been accepted by Juliana HERC, we will contact the customer to resend the order if the product is available or we will refund the value of the order.

– Return by “NOT CLAIMED”: Orders that have not been claimed within the time limit. Once received and accepted, Juliana HERC will contact the customer to resend the order if the product is in stock or we will return the value of the order.

– Refused by “REFUSED”: Refused your order upon delivery. Once received and accepted the order in our facilities will be issued a credit note that will be available in the client account within 72 hours after receipt of the same. You can request the cancellation of the credit note and the return of the money directly in our customer support section.

In all unprocessed order situations, Juliana HERC does not guarantee the reservation of the ordered products and reserves the right to make a return of the value of the order.

Custom Products: Product and cash returns do not apply to custom product orders.

13. Cancellation

JULIANA HERC reserves the right to refuse any order, irrespective of the reason and without liability for any damages or costs, even if it has already been accepted or confirmed, namely in the following situations:

           – The information on the invoice is not correct or verifiable;

          – The order is flagged by the Site Security Systems as an incorrect, irregular order or an order that is susceptible to fraud;

          – When the transfer of the payment for the order was not received within 2 working days of acceptance of your order;

          – When it is not possible to deliver the order at the address provided by the User;

          – If you consider that the Buyer did not have the capacity to perform that act.

          – If it is found that there was an error in the presentation of the price of the product (s);

– If it is assumed that the order comes from a reseller;

– Checking that the order was made by a customer who did not complete or did not partially pay an earlier order, or with whom the payment of the order is being disputed.

Cancellation at the client’s initiative

Before ordering, the order of products may be canceled. After an order has been placed and in case you wish to cancel it, the user should immediately contact our customer service. If the cancellation request is successful, the customer will be notified by email of this decision and the cancellation will be processed at no cost to the customer.

If the cancellation request is no longer possible because the order has already been dispatched, and should you keep this intention, you must refuse to receive the order, triggering the mechanisms for the return to the customer support.

Upon confirmation of the return and receipt of the order in Juliana HERC, the chargeback will be processed.

14. Promotional Codes

A promotional code entitles the user to a promotion / discount on the purchase of a specific product or a set of products during the period indicated in the promotional code / campaign.

It is personal and non-transferable, and when so referred to can only be used in online purchases made on the site. It can not be exchanged for money and will not be reprinted or replaced.

The sale, exchange, donation of a promotional code is not allowed. A customer holding a promotional code can not upload or make it available on any site or other public form of offering, donation, sale or exchange.

Its use is subject to only one use per product and per order. They are not cumulative with any other promotions or special offers, unless otherwise specified.

Without prejudice to any other rights, Juliana HERC reserves the right to immediately invalidate the promotional code if it suspects that it is being used in violation of any of the above described conditions.

15. Promotional Campaigns

Promotional offers or commercial campaigns are valid only for the moment they are displayed on the site and according to the conditions established.

In case of return or exchange of items purchased in this scope, you will be credited the amount you actually spent on the purchase of these items.

16. Responsibility

In the event that the purchaser has suffered damages related to the activity of the site, Juliana HERC’s liability will be limited to damages in the Juliana HERC products and at reasonable and verifiable costs incurred as a result of the violation by Juliana HERC of the present Conditions and general terms of sale.

Juliana HERC can not be held liable for damages suffered by the purchaser as a result of improper use of our products as well as damages resulting from incorrect information on the site.

Juliana HERC declines all responsibility in case of violation of the legislation of the country where the order is delivered. It is up to the final consumer to verify with the local authorities the conditions of importation or use of the products that he / she intends to order.

17. Intellectual and Industrial Property

All texts, comments, works, illustrations, elements, images and audio reproduced or represented in the site www.julianaherc.com are strictly reserved under the copyright and the intellectual property rights, to the whole world .

 Accordingly and under the terms of the Intellectual Property Code, the use of information for private purposes is authorized only, subject to contrary provisions, including more restrictive provisions, contained in the Code.

Any reproduction or total or partial representation of the site www.julianaherc.com, of all or part of the elements included in it, is therefore strictly prohibited. All hypertext links and forwarding to Juliana H. S. Company and using, in particular, framing, deep-linking, in-line linking or any other deep link technology is strictly prohibited. In all cases, any even authorized link will have to be removed if requested by Juliana HERC.

The corporate names, trademarks and distinctive signs reproduced on the site www.julianaherc.com are protected in accordance with the legal provisions applicable to industrial property. Reproduction or representation of all or part of any distinctive signs is strictly prohibited and will only be valid if it is the subject of prior written consent of the proprietor of the mark Juliana HERC.

If you want to use information or materials on the site you need to obtain prior written authorization that can only be granted by Juliana HERC.

18. Applicable law

The present General Terms and Conditions of Sale and all emerging litigations that are related to these general conditions, including their validity, the use of the site www.julianaherc.com or any purchase thereof should be governed by Portuguese law.

In the event of a dispute as to the interpretation or performance of these Terms and General Terms of Sale, Juliana HERC and the Purchaser shall endeavor to obtain an amicable solution, which is fair and adequate, within the term Maximum of 60 (sixty) days counted from the receipt of the communication addressed to that effect by any of the parties involved.

In the event of consumer disputes, consumers may use the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr. To know the entities of Alternative Dispute Resolution registered consumers consult the Consumer Portal at www.consumidor.pt.

In the event that an amicable settlement can not be found, pursuant to the provisions of the preceding paragraph, and in case of non-compliance with these Terms and General Terms of Sale, both parties shall establish as a competent court the Civil Court of Porto, in Portugal, with express resignation To any other.

 Change of terms and general terms of sale of the online store Juliana HERC

Juliana HERC has the right to change these General Terms and Conditions of Sale at any time. The Purchaser is subject to the principles and terms in force at the time of ordering, unless the law or competent authority imposes any changes thereto.