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TERMS AND CONDITIONS OF USE OF “KYL” SITE

1. Introduction

These Terms and Conditions of Use govern the access and use of the “www.kustomize-your-life.comsite (hereinafter the “Site”), which is managed by Digital Connection, with its registered office at Estrada Consiglieri Pedroso, Consiglieri Park Edifício E, 2º, 2730-055 Queluz, legal entity identification number 513258566, and operated by KLA – Arquitectura, Lda., with its registered office at Avenida da Liberdade, n.º 69, 4º A, Lisbon, legal entity identification number 513786163 (hereinafter “KLA”). The Privacy Policy, which is an integral part of these Terms and Conditions of Use, may be consulted concerning any legal questions regarding the Site.

Use of the Site by any user shall be governed by the following Terms and Conditions of Use, which implies acceptance hereof by user. If user rejects these Terms and Conditions of Use, such party must immediately discontinue use of the Site.

KLA may amend or update these Terms and Conditions of Use, as well as the Privacy Policy, in part or in full. Any amendment or update of these Terms and Conditions of Use and the Privacy Policy will take effect as soon as they are posted in the respective section of the Site. Use of this Site after any amendment implies agreement to the new Terms and Conditions of Use. Users are advised to regularly consult sections of the Terms and Conditions of Use and the Privacy Policy to check for the most up-to-date versions.

Access to and use of the Site is made available solely for personal use, to access the services provided by KLA and to obtain information about such services, and therefore is not related to any commercial, business or professional activity of user.

At its discretion, KLA reserves the right to evaluate the fulfilment of these Terms and Conditions of Use by any user. Violation of the Terms and Conditions of Use may result in blocking of access to the Site and exercise of the rights of KLA to the maximum extent permitted by law.

Users undertake to indemnify and hold KLA, as well as legal representatives, partners and employees, harmless from any losses or damages, liabilities, complaints or claims, including expenses and costs for representation, sought by third parties as a result of use of the Site in a manner inconsistent with these Terms and Conditions of Use, and/or due to violation of the conditions set forth herein, and/or resulting from breach of the representations and warranties included in these Terms and Conditions of Use.

2. Content and Limitation of Liability of KLA

Access to and use of the Site constitute activities carried out by users.

Users are solely responsible for use of the Site and its content. KLA is not responsible and assumes no liability (if applicable) for use of the Site by users in breach of legal provisions in force.

In particular, users are solely responsible for the communication of incorrect or false information or data, or information or data of third parties, without their consent, as well as the misuse of such information or data.

Content of the Site may contain inaccuracies or errors. KLA is not responsible or liable in any way for any inaccuracies, errors and losses or damages (if applicable) caused by or resulting from the use of information by users derived from the Site. User is solely responsible for evaluating the information and content obtained from the Site.

The Site and all information and content published therein may be modified by KLA at any time, periodically and/or without prior notice.

Considering that any content that may be downloaded or otherwise obtained results from a free decision on the part of User, at his/her own risk, User shall be solely responsible for damage (if applicable) to computers or data loss resulting from download operations and KLA will not be liable for such damage or loss. KLA assumes no liability for loss or damage (if applicable) arising from the impossibility of accessing the services provided through the Site or for loss or damage (if applicable) caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, issues related to the internet, service providers or telephone connection, unauthorised access, data changes, or related to the absence and/or malfunctioning of User’s electronic devices.

User is responsible for the safe and proper usage of the personal information thereof and is responsible for any loss or damage caused to KLA or to third parties resulting from the misuse, loss or theft of personal information.

In cases of registration, User is responsible for the safe and proper use of his/her credentials, which allow access to the area designated for services. In such circumstances, User will be responsible for creating his/her username and password. User also is responsible for providing specific information, which must be correct and up to date. User may not select a username belonging to a third party in order to use the latter’s identity. Accordingly, User is not permitted to use the username of a third party without the latter’s express consent.

User must ensure the confidentiality of his/her password and must not share it with third parties.

User is solely and exclusively responsible for any actions taken through his/her user account, directly or through authorised third parties. At its own discretion and at any time, KLA may block access to the Site if the practice of any abusive, fraudulent or illegal act is identified.

KLA has taken appropriate technical and organisational measures to safeguard the security of the services it provides through the Site to ensure the integrity of data from electronic traffic related to unauthorised forms of use or knowledge, as well as to avoid risks of dissemination, destruction or loss of confidential or non-confidential data and information of its users on the Site, or related to access – unauthorised or in breach of applicable legal provisions – to such personal data and information.

KLA does not and cannot guarantee that the Site is free from viruses or any other element that may negatively affect the technology.

3. Site Access – Interruption and Suspension.

KLA makes every effort to provide continuous access to the Site. However, access to the Site may be suspended, limited or interrupted at any time regardless of the reason. Access to the Site may be limited occasionally to enable the restoration, maintenance or introduction of new features or services. KLA will make every effort to restore access as quickly as possible.

KLA reserves the right to terminate user accounts that violate these Terms and Conditions of Use.

4. Protection of Personal Data

Users are advised to read and analyse the Privacy Policy, which is an integral part of these Terms and Conditions of Use, to understand how the Site collects and uses the personal data of users and the purposes of use thereof.

Use of cookies by KLA:

KLA uses cookies on the Site. Cookies are small text files that are downloaded to User’s computer and identify said computer on KLA’s server. Cookies only identify the computer used and do not collect personal information or identify the individual user. At any time, User may configure his/her web browser to accept all cookies, to notify him/her each time a cookie is sent and/or to block any cookies, depending on the browser used. Acceptance of cookies implies that they may remain on his/her computer until they are eliminated. Conversely, the full blocking of cookies may limit the functioning of the Site.

For more information about control of cookies, User may consult and configure the security definitions/options of his/her browser.

5. Intellectual Property Rights

All rights reserved. The Site and all of its content, including but not limited to articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video clips or marketing audio or texts, as well as trademarks, logos, domain names, and any other elements that may be covered by proprietary rights (including source code) and/or other types of intellectual property rights (“Content”), are the property of KLA or third parties and are protected against use, copy or unauthorised disclosure by national laws and international treaties relating to Intellectual Property Rights. None of the provisions of these Terms and Conditions of Use and/or the content of the Site may be construed as implicitly conferring, accepting or in any way licensing the right to use of any Content by any means without the prior written consent of KLA or the third-party owner of Content or intellectual property rights published on the Site. The use, copying, reproduction, alteration, republishing, updating, downloading, transfer via email, transmission, distribution or duplication of or any abusive act related to Content not specifically identified but of identical nature is prohibited. As a user of the Site, user agrees not to use the Content for any unlawful purposes and to not violate KLA’s rights.

User may, however, view and display the content of the Site and/or Content on the screen of the device used, store such content in electronic form on a disc or print a copy of such content for his/her personal, non-commercial use, but all information related to intellectual property rights must be protected.

Access to the Site does not give User any rights over content made available by KLA.

6. Miscellaneous Provisions

User acknowledges and declares that he/she::

  1. has read and understands these Terms and Conditions of Use;
  2. will not reproduce, duplicate, copy, sell, resell or otherwise commercially exploit the Site or its content, in part or in full, and will refrain from using or reproducing the trademarks or any industrial property rights of KLA;
  3. will refrain from directly or indirectly using the services or the Site for purposes contrary to the law or disregarding the principles set out in these Terms and Conditions of Use;
  4. will not disseminate viruses, spyware, adware, rootkits, backdoors or Trojan horses or other similar computer threats;
  5. will not use software or other automatic or manual mechanisms to copy or obtain control of the Site or its content.

7. Miscellaneous Provisions

Any invalid provision of these Terms and Conditions of Use shall be rescinded, with all other provisions hereof remaining in full force and effect.

These Terms and Conditions of Use shall be governed by Portuguese law and shall be construed in accordance with Portuguese law. In the absence of an amicable agreement between the parties, respective conflicts and disputes of any nature relating to use of the Site will be definitively settled by Lisbon Courts, expressly waiving the use of any other courts.

User may contact Customer Service concerning any matter relating to the Terms and Conditions of Use or any matter related to use of the Site via the following email: info@kustomize-your-life.com.

GENERAL TERMS AND CONDITIONS FOR PROVISION OF SERVICES

1. Introduction

These General Conditions (hereinafter “General Conditions”) exclusively govern the contractual relations established between all users (hereinafter “Customer”) of the “www.kustomize-your-life.comsite (hereinafter the “Site” or “KYL”) and Karina Lavrador – Arquitectura, Lda., with its registered office at Avenida da Liberdade, n.º 69, 4º A, Lisbon and legal entity identification number 513786163 (hereinafter “KLA”), with respect to provision of services by KLA to customise accessories for Customers. Accessories shall mean suitcases, shoes, hats and any other apparel owned by Customers (hereinafter “Accessory(s)”).

KLA may occasionally modify certain provisions of its General Conditions such that Customer must carefully read the General Conditions upon each visit to the Site.

Customer shall not place any order or validate any request formulated on the Site if he/she does not consider himself/herself to be properly informed and cognisant of the content and scope of the General Conditions. The placing of any order or the validation of any request formulated on the Site presupposes full knowledge of these General Conditions and of the respective KLA pricing tables in force at the time of placement of order or validation of request, as well as respective acceptance, without reservation, of these General Conditions of Sale.

2. Methods for Customisation Services

KLA offers its customers services for customisation of Accessory(s). Customisation shall mean the artistic creations of artists/designers contracted by KLA (hereinafter the “Service Provider”) to be created thereby in the Accessories through manual painting (without the use of stamping) and by use of materials previously selected by the Service Provider (hereinafter “Customisation”).

Customisation includes two methods: (i) You Dream We Make and (ii) Choose From Our Designs.

You Dream We Make is a method through which Customer is given the option to select the Service Provider for Customisation of an Accessory, based on the artistic/professional style of the Service Provider (according to examples shown in its Portfolio in the You Dream We Make area of the Site) and in accordance with the preliminary study conducted by the Service Provider and approved in writing by Customer.

Choose From Our Designs represents a method through which Customer is given the option to select a Design within Choose From Our Designs prepared in advance by the selected Service Provider and included in the Choose From Our Designs area of the Site, whereby the Service Provider will use such Design in the Accessory Customisation process.

KLA will endeavour to ensure that the photographic images of the services to be performed by the Service Providers faithfully represent the portfolios prepared thereby. Each service is accompanied by a detailed and exact description that enables an understanding of the main characteristics thereof.

3. Orders

The provision of Customisation Services will be contracted via the internet, namely on the Site. Customer must have a valid and frequently used email account that is registered as a KYL customer to place an order on the Site, completing the online form available for such purpose.

After respective registration, Customer may navigate the pages of the Site and select the methods available for provision of services for Customisation of his/her Accessory(s).

(1) If Choose From Our Designs is the method selected, Customer must (i) select a design/image (from those included on the Site) that will be Customised on the Accessory to be made available by Customer, (ii) specify the Accessory to be Customised, (iii) indicate the dimensions of the Accessory to be Customised and (iv) define the position in which the design/image selected thereby should be Customised on the Accessory. Next, Customer must select the option to send and deliver to KLA the Accessory to be Customised and add the desired services to the shopping cart using the “Budget Request” button.

When Customer has selected all of the services he/she intends to purchase, he/she must finalise the order by clicking “Place Order”. Upon finalisation of the order, Customer must select the desired payment method.

Customer will receive an email with a description of his/her order, including the respective quote and payment data. Customer must review his/her order and, if he/she is in agreement with the intended items, make the respective payment, which will confirm the order.

Customer must complete the online form available on the Site and ensure the accuracy of the data provided before submitting it. Considering that the provision of Customisation Services is of a personalised nature, Customer shall sign such form under the terms and for the purposes of article 17(1)(a) of Decree-Law (DL) 24/2014 or 14 February, stating his/her express prior consent for KLA to start providing the Customisation Services contracted before the end of the time limit for right to terminate provided for in article 10 of Decree-Law (DL) 24/2014 of 14 February, as well as acknowledging that he/she will forfeit the cited right to terminate if the Customisation Services have been fully executed in such case.

Upon completion of his/her purchase and upon receipt of the aforementioned form, Customer will receive an automated email confirming the transaction that includes an order summary, total price and estimated delivery time of the order.

(2) If You Dream We Make is the selected method, Customer must (i) select the Service Provider that will perform the Customisation and (ii) specify the Accessory to be Customised.

An email will then be sent to Customer to confirm his/her request. Customer must subsequently confirm his/her request, with KLA undertaking, through the selected Service Provider, to contact Customer to determine his/her desired instructions in greater detail. After such initial contact by the Service Provider, such party will have an estimated period of four (4) business days to send a sketch of the design to be Customised for Customer.

After approval by Customer of the sketch of the design to be Customised, a link for payment by card or bank details will be sent to Customer for transfer of the amount due. In response to this email, Customer must (i) attach his/her respective proof of transfer and indicate to KLA the option for shipment and delivery of the Accessory to be Customised, (ii) complete the online form available on the Site and ensure the accuracy of the data provided prior to submission. Considering that the provision of Customisation Services is of a personalised nature, Customer shall sign such form under the terms and for the purposes of article 17(1)(a) of Decree-Law (DL) 24/2014 or 14 February, stating his/her express prior consent for KLA to start providing the Customisation Services contracted before the end of the time limit for right to terminate provided for in article 10 of Decree-Law (DL) 24/2014 of 14 February, as well as acknowledging that he/she will forfeit the cited right to terminate if the Customisation Services have been fully executed in such case.

After confirmation of payment and receipt by KLA of the aforementioned form, Customer will receive an automated email confirming the transaction that includes an order summary, total price and estimated delivery time of the order.

(3) Regardless of the method for provision of the selected Customisation Services, Customer assumes all costs for shipping of the Accessory to be Customised.

In the event of non-confirmation of payment or non-compliance with these General Conditions, KLA reserves the right to not accept the Order submitted by Customer or to fully or partially cancel the Order, event after automated confirmation thereof.

KLA reserves the right to cancel or reject an order for a service by any Customer with a dispute underway concerning payment of a previous order.

The Choose From Our Designs and You Dream We Make methods, among others available or to be made available on the Site, as well as the prices associated with them, shall be valid as long as they are accessible on the Site.

In the event of impossibility of the provision of contracted services, including due to circumstances attributable to the selected Service Provider, Customer will be informed via email or telephone concerning cancellation of the order and will be reimbursed for the amount paid corresponding to all or part of the order within thirty (30) days after KLA becomes aware of the non-availability. The refund will be made depending on the method of payment used by Customer at the time of purchase.

4. Prices

The prices provided for Customisation of Accessory(s) are indicated in euros and include taxes, particularly VAT, at the legal rate in force. However, the indicated price excludes the value for shipping of final products (“Shipping”), which shall be fully borne by Customer.

The Shipping amount will be indicated upon final validation of the order.

KLA reserves the right to modify the price of its services at any time and services are always billed based on the pricing tables in effect when Customer places the order.

5. Payment Methods

The payment methods available on the Site are (i) Credit Card, (ii) Multibanco Reference and (iii) Bank Transfer.

Credit Card:

Credit cards associated with the Visa and Mastercard networks are accepted. It is not necessary for the recipient of the order to be the holder of the credit card. The final product will be sent to the address of the recipient corresponding to the order.

The amount will be debited from Customer’s account within 24 hours from the order date and payment will become effective after it is credited to the account of KLA.

To optimise security, all purchase transactions are strictly confidential and have SSL encryption.

Credit card transactions are carried out between Customer and Easy Pay, recognised for its reliability with online transactions.

Since bank details are not circulated on the internet and are never entered on the Site, the credit card number of Customer will be requested for each order.

Payment for services ordered and corresponding expenses must be made by Customer upon confirmation of the order and through use of one of the available credit card banners indicated on the Site. KLA is not responsible for any fraudulent and/or illegal use of credit cards by third parties at the time of payment for the services ordered.

In line with our commitments concerning payment security, we hereby state that KLA checks the reliability of the information provided at the time of registration of an order.

In the event of reasonable doubt, KLA may request additional information from Customer to confirm his/her identity and address and reserves the right to cancel the order in question if it does not receive the requested information from Customer.

Multibanco Reference and Bank Transfers

If Customer opts to pay by Multibanco Reference or Bank Transfer, the respective bank details will be sent to Customer via email after KLA confirms receipt of the order.

General rules on payments:

Regardless of the payment method selected, the payment will only be considered to be made when credited to the bank account of KLA. Customer shall reimburse KLA for all charges arising from the return of transfers, even if such transfer contains indications of “free of charge” or “at no charge”.

6. Deliveries

General Aspects:

The final product is sent to the address indicated by Customer at the time of order (in Portugal or abroad). In order to optimise delivery, Customer is advised to indicate an address to which the order can be delivered within business hours. KLA will not make partial deliveries.

Delivery times are estimated and depend on the order processing time, which should be added to delivery time, which may vary depending upon the distribution network made available by our carriers in each region. KLA will make every effort to ensure that the delivery time does not exceed thirty (30) days from order validation date. However, no delay in delivery of the Accessories entitles Customer to cancel the order, to withdraw the Customisation contracted or to claim compensation for any loss or damage.

Delivery times vary from one service to another and are specified upon validation of the order. Such times are specified again in the transaction confirmation email and in the “My account/My orders” area of the Site.

Shipments are made from Monday to Friday (except public holidays in Portugal).

Customer will be sent a confirmation email upon shipment of his/her order indicating a reference number to track the status of his/her order.

A number will be assigned to each order in the personal area of the Site under “Track your Order”. Customer can then check the status of his/her order with the selected carrier, using the reference/number associated with his/her order.

The transfer of risks with respect to the Accessories will occur upon their departure from KLA facilities, with Customer responsible for the risks of transporting the Accessories. KLA is not responsible under any circumstances for loss or damage of Accessories attributable to the carrier.

Methods of delivery:

Four (4) delivery methods are available, to be selected by Customer: Pickup at store/delivery location, CTT Express, DHL and UPS.

Delivery location:

Customer may pick up the order on business days between 10:00 am and 5:00 pm at the following address: Avenida da Liberdade, n.º 69, 4.º A, 1250-140 Lisbon.

Non-receipt or delay of deliveries:

In the event of delay or non-receipt of the order, Customer may contact KLA’s Customer Support Services by send an email to info@kustomize-your-life.com.

If the order is returned to our facilities after verification that it cannot be delivered (for example, if the recipient’s address is incorrect), Customer may request a new delivery within a reasonable period of time by registered letter with acknowledgement of receipt or other written document on a durable medium.

If Customer does not request a new delivery within fourteen (14) days after the order is placed, it will be available for in-store pickup for a maximum of 30 days. After such period, KLA assumes no responsibility for the safekeeping, storage or preservation of returned products.

7. Complaints

Considering that the provision of Customisation Services is of a manifestly personalised nature, orders by Customer cannot be cancelled or returned. All KLA Custom Products are non-refundable and cannot be exchanged.

Unless otherwise provided by Portuguese law, KLA’s total liability for the services subject to complaints shall be limited to the price charged for them.

8. Use of Customised Accessories

KLA uses methods to prepare the surfaces of the Accessories produced that ensure the longevity of Customisation.

In order for the requested Customisation to last as long as possible without damage, Customer must follow the following recommendations for use:

Care:

  • Avoid exposure of the item to rain.
  • Avoid exposure of the item to heat sources.
  • Do not clean the item with flammable and abrasive products, especially alcohol and acetone (may permanently damage the Accessory).
  • Avoid contact with rough surfaces.
  • Avoid contact with colouring that could affect paint.
  • Avoid folding the painted portions of the item to prevent potential creasing.

Cleaning and storage:

  • Clean only with a dry cloth or in extreme cases with a cloth slightly dampened with water.

If possible, keep the item in the cotton bag.

  • Keep the item in a dry place.

9. Applicable law and jurisdiction

These General Conditions are governed by Portuguese law.

Any dispute arising from the interpretation or execution of these General Conditions shall be submitted to the Lisbon District Court, expressly waiving the use of any other jurisdiction.