ROOM FIVE
- PREAMBLE
This document establishes the conditions governing the use of this website (https://room-five. pt/) and the purchase of products therein, hereinafter referred to as Conditions.
Before using this website, we recommend a careful reading of these Conditions, our Cookies Policy and our Privacy Policy, hereinafter referred to together as Data Protection Policies.
By using this website or placing an order on it, the Customer consents to the provisions of these Conditions and our Data Protection Policy, so you should not use this website if you do not accept, in its entirety , the Conditions and the Data Protection Policy.
These Conditions may be amended at any time.
The periodic reading of these Conditions is the Customer's responsibility, since the Conditions in force at the time of signing the Contract or at the time of using this Website are those that will always apply.
Customers can contact us via email [team@room-five. com] to clarify any doubts about the Conditions or the Data Protection Policy.
- COMPANY
This web page is executed under the responsibility of SEMELHANTE E EXTENSO, LDA. , NIPC 516 088 327, commercial limited liability company, headquartered at Avenida de São Lourenço, n. 225, 4705 - 445 Celeirós, Braga, and share capital of €5. 000.00 (five thousand euros).
Email: team@room-five. en
- USE OF THE PAGE
By using this Website and placing orders through it, the Customer undertakes to:
- Use this website only to carry out legally valid inquiries and orders.
- Do not place any false or fraudulent orders. In the event that we consider that an order of this nature has been placed, we are authorized to cancel it and inform the competent authorities.
- Provide us with your email address, postal address and/or other contact details in a true and accurate manner. The Customer accepts the use of this information for contact purposes, if necessary.
The Customer will not be able to place his order if he does not provide all the required information.
By placing an order on this website, the Customer declares to be over 18 years of age and to be legally entitled to enter into contracts.
- CELEBRATION OF CONTRACT
The items available on this website are available for delivery worldwide.
The information contained in these Conditions and the data contained on this website do not constitute an offer of sale, but an invitation to contract. No contract will exist between us and the Customer in relation to any product until your order has been expressly accepted by us.
If your offer is not accepted and the amount corresponding to the product has already been debited from
your account, said amount will be fully refunded.
To place an order, the Customer must follow the online purchase procedure and confirm the order. You will then receive an email with the confirmation of your order, including all elements, such as the list of products ordered, price, delivery date and transport costs.
This does not mean that your order has been accepted, as it constitutes an offer that the Customer is making to us for the acquisition of one or more products. The Customer will be informed of the acceptance of the order through an e-mail confirming its shipment, to which the respective invoice will be attached.
- PRODUCT AVAILABILITY
All product orders are subject to availability. If there are difficulties in the supply of products, or in the event that a product runs out of stock, we will inform the Customer immediately of this circumstance and we reserve the right to provide the Customer with information about replacement products of equal or superior quality, which the Customer can order.
If the Customer chooses not to order replacement products, we will refund any amount paid by the Customer for the missing products within a maximum period of 30 days.
- DELIVERY
Notwithstanding what is indicated in point 5 above, regarding the availability of the products, and except in the case of extraordinary circumstances or force majeure, the Customer will be informed in the Order Confirmation email of the expected delivery period.
Without prejudice, there may be delays in deliveries caused by customization of the products ordered, unexpected stock outages, lack of raw material for the production of the products or the occurrence of unforeseen circumstances or force majeure.
If it is not possible for us to meet the delivery date for reasons not arising from our
responsibility, the Customer will be informed of this situation to accept the new delivery date.
For the purposes of these Conditions, it will be considered that the delivery has taken place or that the order has been delivered at the time when the Customer or any third party designated by him takes physical possession of the products, which will be proven by the signature of the record of receipt of the order at the agreed delivery address or another that the Customer may designate to the carrier at the time of delivery, and by agreement with the latter.
- IMPOSSIBILITY OF DELIVERY
If it is not possible to deliver the order to the Customer, we will leave a note explaining where the order is located and how to proceed to request a new delivery.
Please note that, in the event of non-delivery of the product within the stipulated period, you may be charged expenses related to the storage of the products and new delivery attempts.
- TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks associated with the product will be the responsibility of the Customer from the moment of its delivery.
The Customer acquires ownership of the products when we receive full payment of all amounts due in respect of the products, including delivery charges.
- PRICE
The price of the products is indicated in Euros and corresponds to what is indicated on our website, except in the case of an obvious error. Although we try to ensure that the prices shown on our website are correct, errors may occur.
Room Five cannot be held liable in the event of a computer, manual, technical error, or of any other origin, that causes a substantial change not foreseen in the sale price to the public that appears in this web page, for which we cases where this is exorbitant or manifestly insignificant, the purchase order will be considered invalid and canceled and the Customer will be informed of this fact. The Customer will then have the option of confirming his order at the correct price or canceling it. If it is not possible to contact the Customer, we will consider the order as canceled, and we will refund the total amount paid by the Customer.
It is not our obligation to supply any product at a lower price than the actual one, incorrectly indicated, even if the delivery confirmation has already been sent to the Customer, if the error is obvious and unequivocal, and could have been recognized by the Customer as incorrect.
The advertised prices can be changed at any time. However, price changes will not affect orders for which an Order Confirmation has been sent.
The prices indicated on the website include VAT at the legal rate in force at the time, but do not include delivery costs, which are added to the total price at the end of the order completion.
In the event of delivery outside the EU, the Customer will have to pay customs duties, VAT or any other fee related to the importation of products within the country of delivery. The Customer is also responsible for the respective formalities, except in other specified cases. The Customer is solely responsible for verifying in which cases the ordered products comply with the applicable legislation within the country of delivery.
Once the Customer has selected all the items he intends to buy, they will be
added to your shopping cart, and the next step will be to complete the order and make the payment. During the purchase process, and before payment, the Customer may modify the order data. If the purchase is made as a registered Customer, a record of all orders placed will be available in the "My Account" area.
- PAYMENT
As payment methods, the Customer may use Visa, Mastercard, American Express, gift/gift cards, as well as PayPal. You can also make the payment
The Customer's credit card details will be encrypted to minimize the risk of unauthorized access. Upon receipt of the order, we will proceed with a pre-authorization on your card, to prove that it has sufficient funds to complete the operation. The debit will be made on the Customer's card when the order leaves our warehouses.
Payments with credit cards are subject to verification and authorization by the card issuer; if the entity does not authorize the payment, we will not be able to enter into any Contract with the Customer.
In the case of payments made with PayPal, the debit will be made when we confirm your order.
- PURCHASE AS A NON-REGISTERED CUSTOMER
This website allows you to purchase as an unregistered Customer. In this purchase mode, only the essential data is requested to be able to place your order. Once the purchase process is completed, the Customer will be offered the option of registering or continuing the purchase as an unregistered Customer.
- EXCHANGE AND RETURN POLICY
12. 1 Right of free termination of the contract
When concluding a Contract as a consumer, the Customer has the right to withdraw from the Contract within 14 days of its conclusion, without having to indicate any reason for his decision.
The free termination period expires 14 days after the date on which the Customer, or on which a third party designated by the Customer - other than the carrier - receives the goods in hand, or, in the case of several goods contained in a single order and delivered separately, 14 days after the date on which the Customer, or on which third parties designated by him - - other than the carrier - take physical possession of the last product of a same order.
To exercise the right of free termination of the contract, the Customer may notify ROOM FIVE, at
address of SEMELHANTE E EXTENSO, LDA. , NIPC 516 088 327, commercial limited liability company, headquartered at Avenida de São Lourenço, n. 225, 4705 - 445 Celeirós, Braga, or by contacting us at team@room-five. pt informing us of your unequivocal decision to terminate the Contract.
In order to comply with the period for free termination of the contract, it will be sufficient for the Customer to send us his communication in this regard, before the end of the period for exercising the said right.
12. 2 Effects of the free termination of the contract
By terminating the Contract, the Customer will be entitled to a refund of the amount paid for the products,
excluding the costs of delivery to the original place of delivery, which will be processed within a maximum period of 14 days from the date on which we are informed of the decision to terminate the Contract. The refund will be made using the same payment method used for the purchase.
Notwithstanding the aforementioned, we may withhold the refund until the products subject to contractual termination are received in our warehouses.
The items must be returned by post, with the affixation in the packaging used for the purpose of the receipt sent to the Customer for the purpose of the return, to the following address: SEMELHANTE E EXTENSO, LDA. , Avenida de São Lourenço, n. 225, 4705 - 445 Celeirós, Braga
The withdrawal period will only be considered fulfilled if the goods are returned
before the end of the 14-day period.
The costs of returning the products will be borne by the Customer.
12. 3 Contractual right to return of products
In addition to the right to terminate the Contract, mentioned in clause 13. 1, we grant the Customer a period of 30 days from the date of confirmation of shipment of the products to proceed with their return. The Customer may exercise the contractual right to return the products in accordance with the provisions of clause 13. 1 for the exercise of the right of free termination of the contract.
12. 4 Conditions for exercising the contractual right to return products
The contractual right to return products will apply exclusively to products that are returned in the same conditions in which they were received. No refund will be made if the product has been used beyond the mere opening of the respective packaging, or for products that are not in the same condition as they were at the time they were delivered, or when they have been damaged, for which reason the Customer must take appropriate precautions while the products are in your possession. The Customer must return the products using or including all of their original packaging, instructions and other documents accompanying the products.
The following products are excluded from the contractual right of return:
- Custom items;
- Used items;
- Items without their original packaging;
- Sealed products that are not suitable for return for hygiene reasons
or health and whose packaging has been opened after delivery.
The Customer may make the return through a carrier, when returning the product(s) by a carrier determined by us. To do so, you must contact us via our email address team@room-five. PT
The product must always be returned in the same packaging received, with a printout of the receipt attached in the email with the shipping confirmation. The costs of this method of return will be charged to the Customer, being immediately deducted from the amount to be refunded.
After analyzing the returned items, the Customer will be informed of the right to reimbursement of the amounts paid. The refund will be processed as soon as possible and, in any case, within 14 days from the date on which we were informed by the Customer of his intention to return the item. Notwithstanding the foregoing, we may withhold the refund until we receive the return of the goods. The refund will always be made using the same method of payment used to make the purchase.
For any question, you can contact us via email team@room-five. PT
12. 5 Defective products
In cases where it considers, at the time of delivery, that the product does not conform to the provisions of the Contract, the Customer must contact our services, within the legally established period of two months, via our email team@ room-five. en, indicating the details of the product, after which we will give you indications on how to proceed.
In these cases, the Customer must return the product, accompanied by a printout of the receipt, to the address of our warehouses
Later, after analysis of the product and in case of proof of the alleged defects, the Customer will be refunded the amount corresponding to the order.
Alternatively, you can also choose to replace the product.
Amounts paid for products returned, due to damage or defect, will be refunded in full, including delivery costs related to the shipment of the items and the costs of the subsequent return of the same. The refund will always be made using the same method of payment used to make the purchase.
12. 6 Variations that should not be considered defects
Some of the products sold, particularly handcrafted products, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and color, will not be considered defects or damage. On the contrary, the Customer must expect its presence, and appreciate such features.
We select only the highest quality products, but natural characteristics are unavoidable, and must be accepted as part of the individual appearance of the product.
The provisions contained in this clause will not affect the Customer's rights as a consumer or his right to cancel the Contract.
12. 7 Right of withdrawal and return of orders from abroad
If you have ordered items from another EU Member State, outside of Portugal, through this website, clauses 13. 1.13. 2.13. 3 and 13. 4 apply with the restriction that the transport determined by us can only be carried out to the original delivery address within Portugal.
We further inform you that we are under no circumstances (with the exception of the provisions of clause 13. 5 to which this clause 13. 7 does not apply) obliged to pay shipping costs to addresses other than the original delivery address, nor return costs to destinations outside Portugal.
- PRODUCT CUSTOMIZATION
Some of the items advertised on this website can be personalized according to the Customer's preferences or configured with personalized measurements.
You should bear in mind that, due to technical reasons or other reasons beyond our control, the colors, textures and measurements (except when the measurement is subject to personalisation) may vary from those displayed on the website. In addition, you should bear in mind that, as these are personalized products, it will not be possible to return or exchange these items.
The Customer will be solely responsible for the customization requested. We may refuse personalization or cancel orders for personalized products if we detect that the personalization consists of, or includes, inappropriate elements, property of third parties or of an illegal nature.
- INTELLECTUAL PROPERTY
The Client acknowledges and agrees that all copyright, trademark and other intellectual property rights over the materials or contents that are provided as part of our website are, at any time, ours or those of whomever granted the license for its use. The Client will only be able to use this material in a way that is expressly authorized by us or by the person who granted us the license for its use. This does not prevent you from using this website to, as necessary, copy information relating to your order or contract data.
- VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
The Client undertakes not to intentionally introduce any type of virus or any other material that is harmful or harmful in terms of information or technology on this website. The Customer undertakes not to carry out any type of unauthorized access to this website, the server on which it is hosted or any server, computer or database related to this website.
Failure to comply with this clause will be considered an infringement in accordance with the applicable legislation and legitimizes us to report any failure to comply with this regulation to the corresponding authorities, with which we will cooperate to determine the identity of the attacker. Likewise, in the event of non-compliance with this clause, the authorization to use this website will be immediately suspended.
We will not be held responsible for any damages or injuries resulting from a denial of service attack, viruses or any other harmful or technologically or technologically harmful material that may affect the Customer's computer, IT equipment, data or materials following the use of this website or the transfer of its content or those websites to which it redirects.
- LINKS FROM OUR WEBSITE
If our website contains hyperlinks to other third-party pages and materials, the links in question are provided for informational purposes only, so we have no control over the content of such third-party pages or their materials.
Consequently, we will not accept any liability for any damages or losses resulting from its use.
- WRITTEN COMMUNICATION
Applicable legislation requires that part of the information or notifications we send to the Customer must be in writing. By using this website, the Customer accepts that most of the communications sent by us are done electronically. The Customer will be contacted by email, or we will provide information through notices placed on this website. For contractual purposes, the Customer agrees to use this means of electronic communication and accepts that all contracts, notifications, information and other communication sent electronically comply with the legal requirements for their realization in writing. This condition will not affect the Customer's rights recognized by law.
- NOTIFICATIONS
In accordance with the provisions set out in the previous clause, and unless otherwise indicated, we may send the Customer notifications by email or to the postal address indicated to us when placing his order, as well as through information published on this website .
Notifications will be understood to have been received and carried out correctly after their publication on our website, 24 hours after their sending by email, or three days after the date of sending in the case of communication by postal mail. As proof that the notice was sent, it will suffice, in the case of a letter, to demonstrate that it was correctly addressed, that the correct postage was paid and that it was duly delivered at the post office or in a mailbox, and , in the case of an email, that the notification was sent to the email address specified by the recipient.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding both for the Client and for ROOM FIVE.
The Customer may not transfer, assign, charge or transfer in any other way a Contract or any of the rights or obligations arising therefrom, without our prior authorization, expressed in writing.
We reserve the right to transmit, assign, collect, subcontract or transfer in any other way a Contract or any of the rights or obligations arising therefrom, at any time and during the duration of the Contract, to any company of the Group Room Five. All other transmissions of our contractual position, rights or obligations under this contract will also be subject to the Client's prior consent.
The transmissions, assignments, collections or other transfers in question will not affect the rights that, according to the applicable legislation, the Customer is entitled as a consumer recognized by law, nor will they cancel, reduce or limit in any way the guarantees expressed and implied that they may have provided.
- FORCE MAJEURE
We will not be liable for any situation of non-compliance or delay, in accordance with any of the obligations we assume under a Contract when caused by reasons of force majeure (Force Majeure).
Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our control, including, but not limited to, the following:
- General strike, or other forms of protest that significantly affect the country or countries of origin of the marketed products;
- Disruption of public order, riots, invasions, terrorist attack or threat, war
(declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other type of natural disaster;
- Inability to use trains, ships, planes, motorized transport or any other means of transport, public or private;
- Inability to use electronic communication systems.
Our obligations resulting from the Contracts will be considered suspended during the period in which the Force Majeure situation remains in force, granting a delay for the fulfillment of these obligations for a period of time equal to that in which the Force Majeure situation.
We will use all possible means to put an end to the Force Majeure situation or to find a solution that allows us to fulfill our obligations under the Contract, despite the Force Majeure situation.
- WAIVER
The lack of demand on our part for strict compliance, by the Client, with any of the obligations assumed by him as a result of the Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due under this Agreement or Conditions, does not waive or limit any such rights or actions, nor will it release the Customer from its obligations.
No waiver by us of a right or concrete action implies the waiver of our rights or actions arising from the Contract or these Conditions.
- PARTIAL REVOCATION
If any of these Conditions or provisions of a Contract are declared null and void by a decision of a competent authority, the remaining terms and conditions will remain in force without being affected by the declaration of nullity in question.
- SINGLE AGREEMENT
These Conditions, and any document relating to them, constitute the sole agreement between us and the Client regarding the object thereof, replacing any previous pact, agreement or promise established with the Client, verbally or in writing.
Room Five and the Customer acknowledge and agree to enter into the Contract regardless of any statement or promise made by the other party, or that may have been deduced from any statement or document in the negotiations contracted by both parties prior to the Contract in question , except those expressly mentioned herein.
Neither party shall demand, in respect of any misrepresentation made by the other party, verbally or in writing, before the date of the Contract (unless the misrepresentation in question was made fraudulently), the only action that may be taken by the counterparty will result from the breach of contract in accordance with the provisions contained in these Conditions.
- UNILATERAL AMENDMENT OF CONDITIONS
Room Five reserves the right to revise and modify these Conditions at any time.
The Customer is subject to the policies and conditions in force at the time he uses this website or places his order, except when it is necessary by law to make changes with retroactive effect to the Policies, Terms or Privacy Statement in question , in which case any changes will also affect orders that have been previously placed.
- APPLICABLE LAW AND JURISDICTION
The use of our website and the purchase contracts made through this page are governed by Portuguese law.
This provision does not affect the other rights recognized to the consumer by the legislation in force.
- COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Send us your comments and suggestions to team@room-five. PT
- ALTERNATIVE DISPUTE RESOLUTION
If, as a consumer, you consider that your Rights have been violated, you can send your
complaint to the email address team@room-five. PT
According to EU Regulation n. 524/2013 has the option of trying to resolve any dispute extrajudicially through access to the electronic dispute resolution platform.
You can consult the updated list of Alternative Dispute Resolution Entities available in article 17. of Law no. 144/2015, of September 8, as amended by DL n. 9/2021, of 01/29.