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Terms & Conditions

Terms & Conditions www.meshsportswear.com

PREAMBLE

This website www.meshsportswear.com (hereinafter the “Site”) is operated by Mesh Sportswear, which is registered under the number PT513055207.

Its registered office is situated Rua das Motas, 73. 4150-521 Porto - Portugal

Its intra-community VAT number is PT513055207.

Hereinafter « MESH SPORTSWEAR ».

MESH SPORTSWEAR may be contacted by email at the following email address: « talk2us@meshsportswear.com». The communications shall be made by writing either in Portuguese or in English or by telephone at +351 912 197 240, +351 917 500 396, +351 919 660 119 (for Portuguese or English speakers).

These Terms & Conditions (hereinafter the “Terms & Conditions”) shall apply to orders placed on the Site by any natural person who is at least eighteen (18) years old, without business purposes (hereinafter the “User”) wishing to make a purchase on the Site.
The User and MESH SPORTSWEAR are hereinafter collectively referred to as the “Parties”.

Parties agree that the Terms & Conditions govern exclusively their relationship. MESH SPORTSWEAR reserves itself the right to modify the Terms & Conditions at any time.
The Parties shall only be bound by the Terms & Conditions which are online the day the order is placed.

MESH SPORTSWEAR strives to respect the possible Code of Conduct applicable in the User’s country of residence. Therefore, if one of the selling terms is missing, it would be deemed to be governed by the Customary Practices in force in the mail order industry.

ARTICLE 1 – OBJECT

The Terms & Conditions aim to define the selling terms between MESH SPORTSWEAR and the User, from the order’s placement until the after-sale services, through payment and delivery.

The Terms & Conditions are available in Portuguese, Spanish and English, depending on the User’s choice.

ARTICLE 2 – PRODUCTS

The Terms & Conditions apply to products which are displayed and indicated as being sold and dispatched by MESH SPORTSWEAR (hereinafter the “Products”).

Only the Products which are available on stock are offered.

The Products are described and displayed as accurately as possible. However, in the event of an error or omission, MESH SPORTSWEAR shall not be held liable.

Products’ photographs are non-binding.

ARTICLE 3 - PRICES

Products’ prices are displayed in Euros (€) and US Dollars ($), inclusive of Value Added Tax at the rate in force the day the contract is concluded. They also include the possible price reductions applicable the day the order is placed.

This price does not include the delivery charges (shipping and packing costs according to the appropriate tariff).
These delivery costs (mentioned at Article 6) shall be indicated on the order form before the order’s confirmation.

The order placed by the User who resides in a country outside the European Customs Union shall be subject to customs duties and/or taxes (this includes possible local taxes), which must be paid by the User. In such a case, the User shall only be charged by MESH SPORTSWEAR with the price of his/her order exclusive of tax.
Please note that MESH SPORTSWEAR is not capable of determining in advance the amount of these taxes.
In this respect, the User is advised to contact his/her national Customs Office to check the latest applicable local requirements in his/her country.

The Products’ prices quoted on the Site are valid as long as they are online

ARTICLE 4 – PLACING AN ORDER

4.1 Preliminary identification of the User

In order to place an order, the User has to login in with his/her email address or his/her customer name as well as his/her password.
If it is his/her first order, the User shall follow a registration procedure as indicated on the Site.

If the User looses or forgets his/her password, he/she shall ask for it again by logging in to his/her customer account and by clicking on “I’ve forgotten my password”. He/she shall receive it on the email address he/she would have provided at the time he/she had registered.

The User may also contact the Customer Service under the conditions laid down in the Preamble.

4.2 Registration and confirmation of the order

The User shall exclusively place his/her order online, through the Site.

After confirming his/her order, the User shall accept the Terms & Conditions, choose the delivery’s address and finally confirm his/her payment. This final step amounts to the completion of the sale contract between MESH SPORTSWEAR and the User.

By placing an order, the User agrees on the Products’ prices and description offered for sale. Any complaint about this shall intervene through the exercise of the right of withdrawal and through the legal and contractual guarantees as mentioned below.

Once you place your order online you will receive a confirmation email from us to advise we have received your order for processing (this email is not an order confirmation or acceptance from us). Once the order is despatched to you, we will send a further email to advise it is on its way. You will receive your invoice with your parcel. 

MESH SPORTSWEAR reserves itself the right to freeze the User’s order in the event of a non-payment, an incorrect (shipping) address or any other problems occurring on his/her account until the problem is solved.

If the Product which has been ordered and paid is unavailable from stock (temporary unavailability or sold-out), the User shall receive an e-mail informing him/her of this unavailability.
If the Product is sold-out, it shall be cancelled and removed from the order and the User shall be fully refunded. However, the rest of the order shall remain firm and final.

For any inquiry relating to an order’s tracking, the User shall check his/her customer account on the Site or contact the Customer Service under the conditions laid down in the Preamble. After receiving the email confirming his/her order’s dispatch, the User can track it on the UPS’ website under the conditions laid down in Article 6 (Delivery).

4.3 Order’s acknowledgement by MESH SPORTSWEAR

MESH SPORTSWEAR shall acknowledge the User’s order by email sent to the email address which he/she would have previously provided.

ARTICLE 5 - PAYMENTS

The User shall pay his/her purchase online exclusively:

- by payment card: Visa or Mastercard.
The User’s bank account shall be deducted once the item has been dispatched. Only the price of the actual dispatched Products shall be deducted.

If the Product is temporary sold out or unavailable, the deduction of the User’s payment card shall occur once the items have actually been dispatched.

The User may be charged with the possible extra costs caused by the utilization of a foreign payment card. He/she shall be advised to contact his/her bank in order to get information about the exchange rates and/or exchange rate commissions likely to be in force.

In any case, MESH SPORTSWEAR guarantees the payments’ confidentiality and security which the User would have made, by using the SSL system. (Secure Socket Layer). In an attempt to prevent any fraud, the User is expressly informed that his/her bank details will not, at no point, be asked to him/her via email.

ARTICLE 6 - DELIVERY

Before browsing through the Site, the User will have to choose his/her country of delivery. If the User wishes to get more information about countries and costs of delivery, he/she is advised to contact: talk2us@meshsportswear.com
The User shall receive an email informing him/her that his/her parcel has been dispatched.
Delivery times may vary between two (2) and five (5) days, but cannot exceed ten (10) days to Europe and fifteen (15) for United States of America.

The User is able to track his/her order by clicking on the appropriate link, indicated in the acknowledgement email he/she will have received.

The parcel shall be delivered to the delivery address provided by the User. If the User does not take delivery of the parcel after the officers had come three times, they shall try to contact the User by phone or by email. If the officers do not hear back from the User within 48 hours, the User’s order shall automatically be send back to MESH SPORTSWEAR.

ARTICLE 7 - RIGHT OF WITHDRAWAL AND REFUNDS

The User may withdrawal from the contract within fifteen (15) days beginning on the day he/she received his/her parcel. In this respect, the User is entitled to get a full refund of his/her order’s price. He/ she does not have to justify his/her wish to cancel but he/she shall fill the return form attached to his/her invoice.
He/she shall only bear the direct costs of returning the goods, unless otherwise stated in the User’s country of residence.

MESH SPORTSWEAR commits itself to refund the User as quickly as possible, at the latest within thirty (30) days beginning on the day MESH SPORTSWEAR receives the returned order.
In any case, MESH SPORTSWEAR shall refund the costs of the item using the same method by which the User paid for them. Thus, if the User paid by payment card, MESH SPORTSWEAR shall credit the sum back to his/her (bank) account.

If the User needs more information about his/her rights and how to exercise them, he/she is advised to visit the “Returning” section on the Site’s homepage.
If he/she resides in a country outside the European Union, he/she shall provide to the carrier with the appropriate documents to the parcel’s re-import. (See the “returning the goods to us” section for more information).

If the User lives in a country within the European Union, he will have to return the order by his/her own means and at his/her expense (unless otherwise stated). He/she can choose the transporter he/she likes to do so (local postal services, UPS, DHL etc).

However, in the event where the User refuses to take delivery of his/her order (if the parcel is damaged for instance), the latter shall be sent back to MESH SPORTSWEAR. In this case, the User shall not bear the costs of returning the goods and shall be fully refunded.

If the User lives in a country outside the European Union, he will have to bear the customs duties due at the delivery time; the goods passing through territories in DDU (Delivery Duty Unpaid). If he/she wants to return his/her order, the User shall go to the offices of the transporter he/she would have chosen (local postal services for example) and fill an export form. He/she shall then be asked to indicate the item’s country of origin (manufacturing countries displayed on the item’s label: “made in”), its price and the appropriate incoterm DDU: Delivery Duty Unpaid.
The User shall bear the costs of returning the goods but not the export duties.

ARTICLE 8 - GUARANTEES

All the products sold by MESH SPORTSWEAR are subject to strict quality controls.
However and despite our great care, some items might turn to be defective.

In such an event, the User is kindly asked to return the said items within thirty (30) days of the parcel’s receipt, specifying the type of defect on the return form attached to the invoice.

Furthermore, the User enjoys the statutory protection of the Consumer law in force in his/her country which may be more favourable..

For any queries, the User is advised to call the Customer Service under the conditions laid down in the Preamble.

ARTICLE 9 - EVIDENCE, PRESERVATION AND STORAGE OF TRANSACTIONS

The online supply of the User’s card number as well as the confirmation of his/her order shall amount to an evidence of the entire order. This also makes the price of the items (as quoted on the form order) immediately due.

This confirmation amounts to a signature and express acceptance of all the transactions completed on the Site. However, in the event of a fraudulent use of his/her bank card, the User is advised to contact MESH SPORTSWEAR’s Customer Service as soon as he/she discovers this fraud, by calling at +351 912 197 240, +351 917 500 396, +351 919 660 119 (for Portuguese or English speakers).

The computerized records, stored in computerized systems of MESH SPORTSWEAR and of its partners under reasonable conditions of security, shall be deemed to be evidences of communications, orders and payments which occurred between the parties.

The archiving of forms order and invoices is made on a reliable and sustainable format in order to comply with the requirement of sustained and loyal copy under Portuguese Civil law.

ARTICLE 10 - LIABILITY

MESH SPORTSWEAR commits itself to describe and display as accurately as possible every product sold on the Site.
However, MESH SPORTSWEAR cannot be held liable where the failure to perform its obligations is due to an unforeseeable and insurmountable event caused by a third party to the contract or by a case of force majeure.

Similarly, MESH SPORTSWEAR cannot be held liable for any inconvenient or damages caused by the use of the Internet network, i.e. an interruption of the service, an external intrusion or the presence of computer viruses.

MESH SPORTSWEAR cannot be held liable for the breach of any provision which would be in force in the User's country, towards which it would not have actively targeted its activities, via marketing operations

ARTICLE 11 - INTELLECTUAL PROPERTY

All the content you see and hear on the Site including underlying technology, are protected under copyright, trademarks or patents.

Trademarks,logos and models which are displayed on the Site belong solely and exclusively to MESH SPORTSWEAR.
Their disclosure does not amount to a license granted by MESH SPORTSWEAR or a right to use any of the said trademarks and distinctive features protected under a copyright. Thus they cannot be utilised without being counterfeit.

Thus, it is strictly forbidden to copy, reproduce, download, post, transfer or distribute any document which comes from the Site, in any ways.

However, this shall be authorized under the following circumstances: it is possible to download a copy of these documents on a computer for a strictly personal and non-commercial use provided that the User does not change the information and keep the copyrights and other proprietary notices intact.
The modification or the misuse of these documents amounts to a breach of the Intellectual Property rights of MESH SPORTSWEAR.

Where a User, who has his/her own website (for a non-commercial use), wishes to include a link to the homepage of the Site, he/she shall be obliged to seek the authorisation of MESH SPORTSWEAR before doing so.
This shall not amount to an implicit this shall not amount to a transfer or assignment of right, title or interest in any content or materials.

However, any hypertext link to the Site which utilises the “framing” and the “in-line linking” techniques is strictly forbidden.
In any case, any link may be removed on simple request of Mesh Sportswear.

ARTICLE 12 - PERSONAL DATA

Collection, treatment and archiving of personal data:
In an attempt to perform efficiently its obligations, MESH SPORTSWEAR must collect certain personal information about the User (surname, first name, email address and home address).

By giving to MESH SPORTSWEAR his/her email address, the User will be able to receive an email acknowledging his/her orders.
MESH SPORTSWEAR is obliged by the law to check the accuracy and ensure the updating of the personal data that it had collected. Therefore, the User is entitled to access, modify and delete his/her personal information.

We will not sell or rent your data to third parties. If required by law your data will be disclosed to third parties. In all other cases data will not be transferred without obtaining your prior consent.

MESH SPORTSWEAR strives to ensure the confidentiality and security of the data transmitted on the Web. In this respect, please note that the website LaRedoute.com utilises a secure payment mode, called Secure Socket Layer (SSL).

In an attempt to train our Customer’s service and for quality’s monitoring purposes, please note that certain phone calls may be recorded.

Subscription to the newsletter:
Depending on his/her choice made at the registration stage, the User may receive commercial offers from MESH SPORTSWEAR as business partners, via emails, telephone or text messages as specified at the time of the registration.
The User may change his/her minds at any time by going sending an e-mail message to: talk2us@meshsportswear.com with the text “ I am not interested in the commercial offers and I do no longer wish to receive them”.

COOKIES - Cookies are small files downloaded on your computer (or any other terminal used for the access to the website). Cookies enables websites to provide you a personnal navigation by memorizing your parameters. Cookies enables you to get a more personal navigation on the websites by memorzing some of the parameters you chose during your last visit. Cookies do not damage your computer. For further informations, you can visit www.allaboutcookies.org.

Cookies enables us to provide you a more personnalized and comfortable navigation. We do not use cookies to register informations such as your name, your adress or your bank account informations.

We use cookies for your navigation (keep your session active, and not to ask you to put the same products in the basket if you left for few minutes for example), to personnalize the website for you (with your langage and country, for example), to collect statistics or for 3rd parties (if we need to pay a commission after you clicked on a banners for example).

Most of the browsers accepts cookie except if you parametered it not to accept it. By visiting this website, you accept the cookies to be used according this policy. If you are willing to refuse, you can either desactivate your cookies, or not visiting the site.

ARTICLE 13 LAW AND JURISDICTION

The Terms & Conditions are governed and construed in accordance with Portuguese law.
Contracts concluded through the Site as well as any dispute arising out from them shall be governed by Portuguese law.

An amicable solution (through an ombudsman system) shall be considered before any judicial remedies.
In the event where this solution would fail, the Portuguese Tribunals shall have a non-exclusive jurisdiction to hear these disputes.
However, this provision shall not deprive the European consumers from their national statutory rights.