Terms of service

TERMS AND CONDITIONS OF SALE

 

These conditions are intended to regulate the terms under which the store Jessica Bossle Unipessoal LDA, with NIPC PT518770249, headquartered at Av. Nossa Senhora de Fátima, nº 62, R/C Esq., 2410-140 Leiria, Portugal, markets its products through this website.

For the purposes of these Terms and Conditions of Sale, the designation "Pink BodyArt" refers to the company Jessica Bossle Unipessoal LDA, identified above.

It is important that you read these terms and conditions of sale before purchasing products through the Pink BodyArt website. The purchase of products through the Pink BodyArt website will be governed by these Conditions of Sale. Placing an order for any product implies acceptance of these Conditions of Sale.

Pink BodyArt reserves the right to update and amend the Terms and Conditions of Sale without prior notice. It is advisable to periodically check the Terms and Conditions of Sale to verify any changes or updates.


1. About these Conditions of Sale

    These Conditions of Sale apply to all orders and purchases made through the Pink BodyArt website. We recommend that you periodically consult this page to be informed of any changes, as they are binding on you.

    As a user of the Pink BodyArt website, you acknowledge that you have the legal capacity to bind yourself and enter into contracts for our products and services.

    The use and/or acceptance of any of the products and services on the Pink BodyArt website implies acceptance as a customer of the General Conditions of Sale, the Terms of Use, as well as, where applicable, the Special Conditions governing the purchase of products.

    READ AND ACCEPT THESE CONDITIONS OF SALE BEFORE PLACING AN ORDER FOR PRODUCTS.

    Pink BodyArt informs you that the procedures for purchasing products are those described in these Conditions of Sale, as well as other specific procedures indicated on the screen during navigation, so the customer declares to know and accept these procedures as necessary to access the products and services offered on the Pink BodyArt website.

     

    2. Your Account

      To purchase products on the Pink BodyArt website, the user must register. Only users over 18 (eighteen) years of age may register. Registration is free, requiring only the completion of the form included in the corresponding section or during the purchase process itself, and clicking the acceptance button.

      If you create an account (personal user ID or username) on the Pink BodyArt website, you are responsible for maintaining the confidentiality of your username and password, as well as restricting access to your password.

      By creating an account, you agree to accept responsibility for all activities and purchases made under your account, unless carried out by an unauthorized third party who has accessed your account without negligence or carelessness on your part.

      Once registered, you may access your account by entering your email address and password in the corresponding section. The Username and Password provided by the User to Pink BodyArt are identification and validation elements to access and make purchases, and are personal and non-transferable in nature.

       

      3. Placing an Order

        To purchase products, you must proceed as follows:

        • Read and accept the Terms of Sale.
        • Provide your name and address, phone number, email address, payment details, and other legally required information in order to process your order.
        • Provide a valid delivery address in Portugal (for more information, read below).
        • Have the legal capacity to enter into binding contracts.
        • Be the owner or authorized holder of a valid debit/credit card or a PayPal account (see section 6, Payment, for details of the payment methods accepted on the Pink BodyArt website).

        You can place an order as a customer (after registering on the Pink BodyArt website) or as a guest by clicking the ADD TO CART button and then proceeding to the checkout page.

        On the checkout page, you will be able to review your shopping cart, read and accept these Terms of Sale, check the total price of the selected product(s) and the information you provided, and correct any errors before confirming your order.

        Please ensure that the delivery address provided is correct before placing your order, as it may not be possible to change the address once the order has been shipped. See section 4 (Order Preparation) for a more detailed description of the process.

        The Pink BodyArt website currently delivers to all postal addresses in mainland Portugal and will soon ship to more destinations.

        Pink BodyArt will not deliver to addresses corresponding to P.O. boxes.

         

        4. Order Preparation and Contract Formation

          After placing your order(s) through the Pink BodyArt website, we will send you an email confirming receipt of your order(s) along with information about the product(s) ordered.

          It is possible that Pink BodyArt may not always be able to accept your order. For example, there may be pricing errors, out-of-stock items, unusual orders, or orders that Pink BodyArt suspects are not made in good faith, among other reasons. Unexpected situations beyond our control may also prevent us from fulfilling your order.

          If your order is not accepted, Pink BodyArt will inform you by email, and if you have already made any payment, you will be fully refunded for any amount paid to Pink BodyArt for that order.

          After receiving your order(s), Pink BodyArt will check product availability. Once the purchase and sale contract between you and Pink BodyArt has been finalized, which will be governed by these Terms of Sale, Pink BodyArt will send you an email confirming that all or part of the products are available and have been shipped.

          Please contact the Pink BodyArt customer support team if you have not received the Shipping Confirmation within 72 (seventy-two) hours of placing your order.

          The product sales contract includes only the products whose shipment has been confirmed in the Shipping Confirmation.

          You will receive a copy of these Terms of Sale with the order confirmation. However, we recommend that you download, save, and/or print a copy of your order confirmation and these Terms of Sale.

          If you wish to modify or cancel your order before receiving the Shipping Confirmation, you must contact the Pink BodyArt customer support team as soon as possible using one of the methods provided in the Contact Details section. It may not be possible to modify or cancel your order, or to prevent the products from being shipped, due to the speed with which we process orders. If Pink BodyArt is unable to change or cancel your order and ships the products, you have the option to refuse delivery, in which case the products will be returned to Pink BodyArt, or accept delivery and then return the products to Pink BodyArt in accordance with the Returns and Refunds section.

          Once you have received the Shipping Confirmation, it will be too late to prevent the products from being shipped. If you wish to cancel the order after this point, please refer to the Returns and Refunds section.

           

          5. Prices, Shipping & Handling, Taxes and Other Charges

            The price charged for a product will be the price in effect at the time the order is placed and will be displayed in the Order Confirmation and in the Shipping Confirmation. All prices will be paid in euros (EUR).

            If there is a pricing error, whether on the Pink BodyArt website, in an order confirmation, or elsewhere, Pink BodyArt will notify you of the correct price and give you the option to continue with the order or cancel it. If we are unable to contact you and do not receive a response from you, your order will be canceled, and you will be refunded any amount you have paid to Pink BodyArt for the products. If you do not wish to proceed with the order, your only remedy in the event of a pricing error is to cancel it.

            Product prices include VAT and/or other applicable taxes, but do not include shipping and handling charges. Shipping and handling charges (and the corresponding VAT or other taxes) will be clearly shown on screen before completing the order and will be stated again in the Order Confirmation.

            Product prices and shipping and handling charges may change at any time, but such changes will generally not affect orders for which we have already sent a Shipping Confirmation (except in the case of obvious pricing errors, as described above).

             

            6. Payment

              Payment will be made by one of the methods selected during the checkout process (Visa, Visa Electron, MasterCard, and PayPal).

               

              • Credit Card or Payment Card

              You may enter your payment details when placing your order using a valid credit or debit card (Visa, Visa Electron, and MasterCard). Pink BodyArt reserves the right to verify the validity of the card, its credit status in relation to the order amount, and whether the purchaser’s address is correct. We may refuse orders based on the results of these checks. Please note that any applicable bank charges will be at your expense.

              • Klarna – coming soon

              When paying with Klarna, you can pay for your order in three interest-free installments by subscribing to the financing offered by Klarna Bank AB (publ), headquartered at Sveavägen 46, 111 34 Stockholm, Sweden, which is a Swedish bank registered with the Swedish Companies Registration Office under number 556737-0431. Our partner Klarna offers financing solutions that allow you to pay in three (3) installments without interest or additional costs for any order with a total value between THIRTY-FIVE EUROS (€35) and ONE THOUSAND FIVE HUNDRED EUROS (€1500) on the website «https://pinkbodyart.com/», in accordance with the terms and eligibility criteria set by Klarna. To benefit from these options, select and click the Klarna box in the list of proposed payment methods before confirming your order on « pinkbodyart.com » and you will be redirected to Klarna’s website to complete your subscription request directly with Klarna, in accordance with the terms and criteria set by Klarna. See Klarna’s Shopping Experience terms and conditions here. To learn more about Klarna’s privacy policy, click here.

              • Voucher/Promotional Discount

              You may choose to pay with a voucher or a promotional code by entering the code in the “promotional code” section during the checkout process. We will automatically deduct the corresponding amount of the voucher or promotional code from the total of your purchase. If the voucher or promotional code amount is not sufficient to cover the total amount of your purchase, you may choose any of the above-mentioned payment methods to complete the process.

              For most payment methods, payment for your order, including all applicable taxes, shipping fees, and other charges, will be charged to your card or the applicable payment service after Pink BodyArt has sent you the Shipping Confirmation.

              In the case of payment by credit or debit card, the card details submitted when placing the order are protected and sent directly to the financial institution that manages the payments. The payment will be made directly on a secure server with SSL encryption to ensure absolute transaction security. We cannot access credit or debit card details, nor can third parties, either at the time the order is placed or afterwards. 

              The information you provide to us for the purposes of this section will be used exclusively to complete the sales process and refund procedures in the event of cancellation of your order, in whole or in part, as necessary under these Terms of Sale.

               

              7. Delivery

              Shipping to Madeira coming soon.

                Delivery time Madeira: up to 6 days

                Madeira

                 €6.50

                 

                If you place your order before 3:30 p.m. from Monday to Friday, it will be shipped the next business day whenever possible. At certain times of the year, delivery times may range from five to ten days (excluding Saturdays, Sundays, and holidays) for mainland Portugal, with longer times expected once PINK BodyArt begins shipping to the archipelagos of the Azores and Madeira.

                Delivery will, in any case, be carried out within 30 (thirty) days following the Shipping Confirmation sent by Pink BodyArt. Pink BodyArt reserves the right to replace the carrier with another of equal or lower cost to deliver your order. The delivery options described above are the only shipping options available for sales through the Pink BodyArt website. Pink BodyArt will not accept any special delivery requests outside the scope of these two options.

                If Pink BodyArt cannot deliver your order within the timeframe specified in the Shipping Confirmation, we will inform you of this impossibility as soon as possible, identifying the causes of the delay. In this case, you may cancel your order and Pink BodyArt will refund you in full. If you decide not to cancel the order, Pink BodyArt will make every effort to deliver it within a reasonable time, once the cause of the delay has been resolved.

                If the customer unjustifiably delays delivery or receipt of delivery after Pink BodyArt has notified them that the carrier attempted to deliver the ordered items, or if they provided Pink BodyArt with an incorrect delivery address resulting in a failed delivery, the package will be returned to Pink BodyArt, the order will be canceled, and a full refund will be issued.

                 

                8. Events Beyond Pink BodyArt’s Control

                  Pink BodyArt will not be liable for any delay or failure to perform if caused by any act, event, omission, accident, or circumstance beyond its reasonable control, including but not limited to the following:

                  • civil disturbances, vandalism, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war;
                  • strikes or lock-outs (or other labor actions);
                  • national or local states of emergency;
                  • interruption or failure of communications or means of transportation;
                  • power outages or utility service interruptions;
                  • earthquake, fire, explosion, storm, flood, collapse, epidemic, or other natural disaster;
                  • inability to use railways, shipping, aviation, motor transport, or other means of public or private transport;
                  • acts, decrees, legislation, regulations, or restrictions of any government.

                  In such circumstances, Pink BodyArt will inform you and take reasonable steps to minimize any delay. The period during which Pink BodyArt’s obligations must be fulfilled shall be extended for the duration of any of the above-mentioned situations. If Pink BodyArt is unable to fulfill your order due to any circumstance beyond its control, or if there is a substantial delay in delivery, you may cancel it and obtain a full refund.

                   

                  9. Product Availability


                    Pink BodyArt strives to ensure the availability of the products you order through the website. However, products are sold on a first-come, first-served basis and are only available while stocks last.

                     

                    10. Compatibility and Product Information

                      Please pay attention when placing your order and ensure that the products you purchase are compatible with the intended use. Use the Pink BodyArt website as a reference to verify compatibility. In the event of any discrepancy between the content on the Pink BodyArt website and any other site (or any other source of information), the product compatibility as shown on the Pink BodyArt website at the time of purchase will prevail.

                      Images on the Pink BodyArt website may vary depending on the image quality of your device. While we do our best to reproduce product images as accurately as possible, these images are for illustrative purposes only, and products may differ from these images in aspects such as color, size, design, and texture. The product packaging may also differ from what is shown on the Pink BodyArt website images.

                      If the products you receive do not match what you ordered, or if your delivery is incomplete or damaged during transport, please contact the Pink BodyArt customer support team immediately, either by email or phone, for assistance.

                       

                      11. Ownership of Products

                        Ownership of the products will only pass to you once Pink BodyArt has received full payment for the order, including all taxes, shipping fees, and other charges. The customer assumes responsibility for the products from the moment of delivery.

                         

                        12. Returns and Refunds

                          • Right of Withdrawal

                          The customer has the right to withdraw from their purchase within 14 (fourteen) days from the day the consumer, or a third party other than the carrier, designated by the consumer, acquires physical possession of the goods, during which period they may return the product and request a refund. This right of withdrawal applies to all products, promotional or not, but does not apply to the products specifically excluded below. If the product is sent to you before you have requested the cancellation of the purchase, you may return the product to Pink BodyArt within 14 (fourteen) days from the day the consumer, or a third party other than the carrier, designated by the consumer, acquires physical possession of the goods.

                          To learn how to make a return, click here.

                          If the Customer withdraws from the contract, they will be refunded the full price paid for the product (including VAT and/or other taxes). Any refund due will be processed as quickly as possible and, in any case, within a maximum of 14 days from the day Pink BodyArt receives the returned product. If the product has not been shipped, the refund will be made within a maximum of 14 days from the date you inform Pink BodyArt of your decision to cancel the purchase. Pink BodyArt will refund the amount using the same method you used to make the payment. If you paid for your order via Klarna, the refund will be made directly by Klarna upon receipt of the return confirmation, which will cancel any future payments under the financing agreement you have subscribed to, and any previously paid amount will also be refunded.

                          Please note that we will refund the full price paid for the product as long as the products have not been handled inappropriately or beyond the handling normally accepted in a retail environment. The only exception is justified handling necessary to determine the nature, characteristics, and functioning of the product.

                          Under applicable law, such handling is considered to reduce the value of the ordered product. Examples of inappropriate handling include, for instance, failing to return accessories, user manuals, etc., that come with the ordered product.

                          In the event of returning a product under these conditions, to reflect this reduction, we will deduct, in accordance with applicable law, the amount corresponding to the reduction in value from the refund amount (excluding shipping costs).

                          If the Customer exercises the right of withdrawal in the case of orders consisting of two or more products, regarding one of the products in the order, Pink BodyArt will not be responsible for the return costs related to the first return and subsequently the other returns, in the case of a) the Customer returns the gift associated with the returned product, or b) later returns another of the products in the order.

                          Pink BodyArt will not refund the amount until the merchandise has been received and inspected and validated by Pink BodyArt.

                           

                          • Excluded Products

                          Without prejudice to other cases provided for in applicable law, the Pink BodyArt website does not accept returns or exchanges of: (i) products purchased at the Pink BodyArt Studio; (ii) any product made to measure, customized, or made-to-order.

                           

                          • Return of defective products or products that differ from the description

                          See Section 14 (Consumer Warranty) below for more information on your rights regarding defective products or products that do not match the description.

                           

                          If you need to return a product because you consider it defective or not as described, but the deadline for returning the product according to European Union and national legislation (Decree-Law No. 84/2021) on consumer rights (if applicable) has already passed, you should contact the customer support team for assistance before returning the product via email at devolucoes.pinkbodyart@gmail.com

                          After the product is returned according to our instructions and the refund is approved by Pink BodyArt, you will be reimbursed the full price of the defective or misdescribed product (including discounted products), along with any applicable delivery costs, as well as any reasonable costs incurred by the customer in returning the item.

                           

                          13. Exchanges through the Pink BodyArt website

                            Currently, Pink BodyArt only offers the possibility to exchange sizes within 14 days, provided that the item has not been used and is in a condition suitable for resale.

                            However, you may choose to return products on the Pink BodyArt website using the process described in Section 12 of these Terms and Conditions of Sale, provided that the requirements set out there are met in accordance with applicable law.

                            If you prefer, you may go to the Pink BodyArt Studio and exchange your received product for another size or swap it for another item of equal or greater value.

                            You may make the exchange as long as 14 days have not passed since receiving your order, and the item has not been used and is in a condition suitable for resale. When at the studio, you must show our staff the confirmation email of your order.

                            Please note that this exchange can only be carried out at the Pink BodyArt Studio.

                            • Exceptions

                            If you do not return the product (or if a shipped product does not arrive), Pink BodyArt reserves the right to refuse the refund.

                             

                            14. Consumer Warranty

                              Under applicable law, Pink BodyArt has a legal obligation to provide products in conformity with the contract concluded with you.

                              Without prejudice to the existence of other criteria in applicable law, non-conformity with the concluded contract is understood as the discrepancy between the product description on the Pink BodyArt website regarding its characteristics, quality, and suitability for its usual use, and the product that was ordered and delivered.

                              All products on the Pink BodyArt website benefit from a one-year warranty for non-conformity, starting from the delivery date of the product, in accordance with Decree-Law No. 84/2021, of October 18.

                              This means that you are entitled to a free replacement during this period if the products are non-compliant. Pink BodyArt will replace the product with an identical or similar product, except in the cases indicated below. Pink BodyArt may, at its sole discretion, replace the product under this warranty, regardless of whether it is possible to replace the original product.

                              Although applicable law provides consumers the right to repair products that show non-conformities, you are informed that, since repairing products incurs disproportionate costs for Pink BodyArt compared to the replacement solution, Pink BodyArt provides, in accordance with current legislation, only the option of replacement.

                              If your product is not in conformity with the concluded contract, but you do not wish Pink BodyArt to replace it, you have the right to refuse it and receive a refund. See the section «Return of defective products or products that differ from the description» (above) for more information on how to return non-conforming products to Pink BodyArt.

                              If it is not possible to replace the product within a reasonable time or without inconvenience, you may request a refund or a discount. Refunds, if authorized, will be made using the same payment method you used to pay for the purchase.

                              In the case of gifts, keep the order confirmation or give it to the gift recipient, as the original proof of purchase is essential to claim the warranty. If you do not have the order confirmation, a credit card statement or a bank statement showing the corresponding transaction will suffice. This does not affect your rights as a consumer.

                              This warranty does not cover normal wear and tear or damage caused by accidents, improper use, or inadequate maintenance (e.g., shocks, dents, crushing, normal wear from use, oxidation, clouding, etc.).

                              Repairs (or attempted repairs) of products not carried out by Pink BodyArt will void this warranty, regardless of whether the damage was caused by such repair or attempted repair.

                              If Pink BodyArt replaces your product under this warranty, the new item will benefit from a new warranty of the same duration (calculated from the delivery date of the replacement product).

                               

                              15. Liability

                                Pink BodyArt guarantees that any product purchased on the Pink BodyArt website is of satisfactory quality and suitable for all purposes for which products of the same type are usually supplied.

                                NOTHING CONTAINED IN THESE TERMS AND CONDITIONS OF SALE AFFECTS YOUR RIGHTS AS A CONSUMER, TO THE EXTENT PERMITTED BY LAW.

                                In particular, nothing set forth in these Terms and Conditions of Sale excludes or limits, in any way, the contractual or non-contractual liability of Pink BodyArt:

                                • for death or personal injury caused by the negligence of Pink BodyArt;
                                • for fraud or fraudulent misrepresentation;
                                • for any matter for which it would be unlawful under applicable law for Pink BodyArt to limit or exclude, or attempt to limit or exclude, its liability.

                                 

                                16. Severability

                                  If any provision of these Terms and Conditions of Sale is found to be illegal, void, or unenforceable for any reason, it shall be considered severable (removed) from these Terms and Conditions of Sale under applicable law, without affecting the validity and enforceability of the remaining provisions.

                                   

                                  17. Contact information

                                    The Pink BodyArt customer support team will assist you with any questions or complaints regarding orders on the Pink BodyArt website. You can contact the Pink BodyArt customer support team through the following channels:

                                    • Through the contact form on the Pink BodyArt website.
                                    • By email at info.pinkbodyart@gmail.com

                                     

                                    18. Transfer of rights and obligations to another person or organization

                                      These Terms and Conditions of Sale are binding on both you and Pink BodyArt. They will also be binding on any person or organization to whom Pink BodyArt may transfer its rights and obligations.

                                      You may not transfer or assign your contract with Pink BodyArt in any other way.

                                      Notwithstanding the foregoing, the rights granted to the consumer by applicable law in case of non-conformity of the goods are transferred to the third-party purchaser of the goods.

                                       

                                      19. Governing Law

                                        These Terms and Conditions of Sale, the relationship between the customer and Pink BodyArt, as well as any contract concluded between Pink BodyArt and the customer, shall be governed by Portuguese law.

                                         

                                        20. Complaints Book

                                          In case of complaints regarding your experience with the Website and/or Products, you may submit a complaint through the page https://www.livroreclamacoes.pt/inicio or select the respective link on our Website.

                                          Last updated on 03/11/2024