Terms and conditions

EFramework

TUMBERRY® reaffirms its commitment to protecting the data of its customers and visitors to this website. Therefore, and in compliance with the provisions of the General Data Protection Regulation (Regulation [EU] 2016/679 of the European Parliament and of the Council, of 27 April 2016), on the protection of natural persons with regard to the processing of personal data and the free circulation of this data, TUMBERRY® revised the Terms and Conditions of Use of the online store, as well as its Privacy Policy. The new wording of these texts will come into force on May 25, 2018.

General Terms and Conditions of Use
 

Access and navigation on this website are subject to these General Terms and Conditions of Use, which are part of the General Conditions of Sale of the online store www.tumberry.pt and the Privacy and Data Protection Policy presented by the commercial company ONE UP GROUP, NIPC PT517159694, with registered office at Rua Alberto Sampaio, Nº 350, Sala 1, 1 4810-250 Guimarães, Portugal, hereinafter referred to as TUMBERRY®, in reference to the registered trademark for which it is responsible.

Introduction

 

Sales made through the online store www.tumberry.pt presuppose acceptance, by the customer, of the General Conditions of Sale that are established in compliance with the legislation applicable to the e-commerce sector in general, as well as in compliance with specific regulations, particularly in terms of food and environmental quality and safety.

 

TUMBERRY reserves, however, the right to change these General Conditions of Sale without prior notice, particularly with regard to rectifications or corrections of inaccuracies, by updating this text.

TUMBERRY is not responsible for any facts arising from the unavailability of the website, whatever its duration, and also reserves the right to restrict access to some areas of the website for technical reasons or to comply with obligations cool.

Concepts and Definitions

 

Customer – any natural person, at least 16 years old, who creates a customer account under the commitment that all information relating to their identification and other data necessary to place and process the respective order are true, updated and complete. For all purposes, TUMBERRY considers that a legal person is identified and individualized by the link between its commercial name, registered office and the legal person identification number indicated when creating the respective customer account.

Cookie – small file sent to the customer’s electronic device that is stored there. When creating an account on the website, the customer's device will save a cookie that will allow the customer to be automatically identified whenever they visit the website again. Cookies are also used so that the system can follow the customer's steps during a purchasing session. If the customer does not accept the use of essential cookies, they will not be able to use this website.

 

Personal data – information relating to an identified or identifiable natural person ("data subject"), which is directly or indirectly identifiable by reference to an identifier (e.g. name, identification number, email address, IP, etc.).

Intellectual Property – all intellectual property rights in software and content made available through this website are the property of TUMBERRY and are licensed and protected by laws and treaties around the world.

All such rights are reserved by TUMBERRY and its suppliers.

The customer may save, print or display the contents of this website for their personal use only.

The publication, manipulation, distribution or reproduction, in any format, of any content on this website is not permitted, nor is it permitted to link it to any business or company.

TUMBERRY® – registered trademark.

 

Data processing – an operation or set of operations carried out on personal data or on sets of personal data, by automated or non-automated means, such as collection, recording, organization, structuring, conservation, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, broadcast or any other form of making available, comparison or interconnection, limitation, erasure or destruction.

 

Responsible for data processing – the commercial company TUMBERRY.PT, better identified above.

 

Customer Support Service – the customer service, order management and customer account management of the online store carried out, under a service provision contract, by the commercial company ONE UP GROUP, NIPC PT517159694.

 

Pseudonymization - technique through which personal data is processed in such a way that it cannot be associated with a specific individual without the use of additional information. This additional information appears separately and is subject to technical and organizational measures to ensure that personal data is not attributed to an identified or identifiable natural person.

 

Website – website www.tumberry.pt, titled and operated by the company ONE UP GROUP, for the purposes of promoting and selling products from that online store. The security and operationalization of the website and the computer processing of orders, financial management of operations is ensured by the company.

 

Object

 

The purpose of these General Terms and Conditions of Use is to define the conditions of access and navigation on the website by the customer who intends to make purchases in the online store. The General Conditions of Sale aim to regulate the terms of operation of transactions carried out between TUMBERRY and the Customer. The Privacy and Data Protection Policy aims to identify privacy protection measures with regard to the processing of personal data and the free movement of data of natural persons, including personalized management tools for personal data provided by customers.

 

I - General Conditions of Sale

1.1 - Order and Purchase Process 

The ordering and purchasing process is only possible after creating a customer account and/or logging into the online store, and the customer must follow the various sequential steps of the ordering process that will allow the purchase to be registered.

Payment Deadlines and Methods

After completing the order process in the customer's personal account, the purchase will be registered and the customer will have a period of time, indicated in the selected payment method, to pay for it. After this period, if there is no payment confirmation and the option to send the order for collection has not been selected, the order will be cancelled. Some payment methods allow the recording of data necessary to carry out the payment transaction. However, in this context, no personal data of the customer will be stored and their management must be carried out directly with the respective service provider. The exception is the situations in which the service provider allows the management of personal data to be carried out directly on our website, in which case, whenever these comply with the applicable legal provisions, particularly in terms of personal data protection, the indications issued by the former will be complied with. In any case, there is no retention of any payment data entered by the customer unless the supplier's platform allows it and the customer expressly consents.

TUMBERRY offers several types of payment methods for purchases made in the online store:

MB WAY

 

The customer can pay for their order via the MB WAY payment system. To do so, during the ordering process you must select this payment method and indicate the mobile phone number to which the application is associated, access it and follow the purchase confirmation steps indicated.

If the number entered does not correspond to a payment number registered in that application, the following message will be displayed: "We were unable to validate your payment. We received the following message: Inexisting MB WAY alias".

As indicated in the application, payment must be made within five minutes, otherwise the order will be cancelled. If payment is successfully completed by 2pm on a business day, the order will be dispatched on the same day. Orders paid after this time will be dispatched on the following business day.

Notice: The indicated shipping deadlines will be met under normal order processing conditions, which is why situations of exceptional increase in the volume of orders that may occur during festive periods or during promotional campaigns, as well as other eventualities that prevent regular provision of the delivery service.

Credit card

The customer will be able to make payments by credit card, taking advantage of the liquidity advantages and payment terms offered by their bank. The use of this payment method presupposes, at least until the moment of purchase, the insertion of the 16 digits, as well as the three digits of the card's CCV security code, its validity and the name of the card holder, which must correspond to the name account holder or a family member from the same household. To comply with fraud detection and security control procedures, there may be a need for clarifications to be provided by the customer who intends to use a bank card that does not meet the requirements listed here. In this case, the order will not be processed until clarifications regarding the payment method details are provided.

 

Is it safe to make an online payment with my credit card?

All transactions on our website are secure.

 

TUMBERRY uses a sophisticated mechanism for detecting and preventing actions that indicate fraud. Through this solution, it is possible to verify the authenticity of payments made online, simultaneously safeguarding the integrity and security of customer data, as well as their identification. This security is made possible by SSL (Secure Sockets Layer) technology, which encrypts communications produced between the client's software and our server so that they cannot be intercepted. As such, TUMBERRY reserves the right to refuse payment for an order if the respective transaction is considered illegal. Any and all activities considered illegal will be immediately reported to the competent authorities.

3D Secure

3D Secure is a communication protocol developed to improve the security of online payments and enable credit card user authentication with the issuing bank. After making a payment in an online store, a process is triggered that checks whether the card used is valid. Once the card is considered valid, the security systems associated with the 3D Secure protocol verify the customer's identity, using, in real time, the credit card issuer who, in turn, validates the customer's identity and reports confirmation that the card used is legitimate. Such control aims to protect credit card holders, by reducing the likelihood of fraudulent use of their cards, ensuring greater transaction efficiency. This protocol is used by Visa, under the name "Verified By Visa", and by Mastercard, under the name "Secure Code".

How is credit card payment processed?

After selecting the credit card payment option and selecting "Complete Order", the customer will be redirected to the page of the entity that handles the payment transaction. On this page, you must indicate the necessary details of your credit card, namely those previously identified. Then, you must click on the "I validate my payment" button.

If payment is declined, a message will be displayed to the customer in the shopping cart window indicating the error found. If this situation is verified, we suggest making a new payment attempt. If the problem persists, we recommend contacting the respective bank or credit card issuer for more information.

Once payment has been made, the amount will be debited from the customer's credit card account. If, for any reason, it is necessary to cancel, in whole or in part, the order, the corresponding amount will be refunded within five working days. Expectedly, the transaction will be reflected in the customer's card statement after three business days from the date on which it was carried out.

Notice: Payments are always made in Euros, even when prices are shown in other currencies. Some banking entities may charge exchange fees. TUMBERRY is completely unaware of this fact and therefore assumes no responsibility for it.

 

Depending on the country in question, TUMBERRY may provide other payment methods, the detailed description of which will be provided, upon request, by Customer Service:

Paypal

SEPA bank transfers

Instant bank transfers

Warning: Given the current economic situation and recent international constraints, not all payment methods may be available at the same time. For this reason, the identification and conditions of use of each payment method available at a given time are published in the last step of the order process, immediately prior to order confirmation. Such conditions will, as such, only be valid for the respective purchase, considering, for this purpose and whenever applicable, the validity period

 

Order Cancellation

 

The customer will only be able to cancel their order if it has not yet been paid and is not yet being processed. In this case, you can do so in the "Orders" option, available in the personal area of your customer account. To do so, you must select the order you wish to cancel and click on the "Cancel order" button. Once you have selected the option to cancel your order, you will be presented with a message requesting confirmation of this intention.

Notice: Cancellation of orders is only possible through the process mentioned above. Any and all requests made by any other means cannot be fulfilled.

 

1.2 - Delivery Process

Once the order has been shipped, the customer will receive a confirmation email with the respective invoice, the assigned shipping number and a link that will allow them to track the order on the carrier's website. The customer can also access this link by logging into their account and clicking on the "Orders" tab, available on the login page, and also by accessing the "Help" icon available in the site's header bar, by clicking on the "Follow order" option. Either way, you will be provided with all information about the ordered order. Attempting to track your order online upon receipt of the shipping confirmation email may not return any results. Shipping information may take up to 24 hours, counted from receipt of shipping confirmation, to be updated on the carrier's website without any liability being attributed to TUMBERRY for this fact.

 

Orders are delivered from Monday to Friday, with the exception of local or national holidays, to the address that the customer indicates when placing the order.

Delivery services

TUMBERRY offers several regular delivery services, which are subject to each carrier's own procedures, particularly with regard to the data necessary to carry out the service, the modalities, deadlines, costs and transport constraints associated with the specificities of the orders to be delivered. and the mechanisms for validating the identity of the purchase recipient or the third party representing them. TUMBERRY is unaware of any change in the conditions of service provided by carriers, and is only responsible for ensuring that the procedures followed by them in the delivery process correspond to the terms in force at the time of completing the purchase. The specificity of some product segments may justify the establishment of a minimum purchase value, which will always be indicated in the last phase of the ordering process.

 Therefore, the delivery options presented may vary depending on the type of products to be delivered, the geographic area of destination, the desired delivery method (delivery at home or collection at a collection point) or even, in the case of the 24-hour service, the moment of validation of the selected payment method.

The expected delivery time, as well as any conditions or observations relevant to the date of completion of the order process, are indicated, as an informative note, in each of the delivery options in the "Shipping method" tab.

Warning: delivery times, counting from the date the order is actually shipped, are indicative and are therefore only considered valid when there are no physical or structural impediments (example: incorrect addresses or force majeure events, such as strikes, loss of connection , bad weather, etc.). It is also worth mentioning the situations of exceptional increase in the volume of orders that may occur during festive periods or during promotional campaigns, as well as other eventualities that prevent the regular provision of the delivery service.

 

The customer may, therefore, choose to receive the order at an address of their choice (except PO Boxes). To do so, simply provide the address where you will be present between 9am and 7pm on the day scheduled for delivery. A delivery attempt will be made, by a courier from the chosen transport service, to the indicated address.

 

Warning: It is not possible to choose a specific delivery time as it will be conditioned by the courier's route on the day of delivery, which is defined by the transport service.

 

Entering an incorrect or incomplete delivery address may result in the order being returned to TUMBERRY and result in additional costs for the customer; For this reason, it is recommended that the customer always ensure that the delivery address, indicated when registering the order, is actually correct and complete. Once the order has been registered, it is not possible to change the delivery address or the billing details indicated.

 

Differently, opting for the collection method at a collection point will be subject to a deadline of returning it to TUMBERRY, subject to a deadline for collecting the order, not less than seven days, but exclusively determined by the selected carrier and communicated by it by SMS sent directly to the customer.

Warning: in any of the modalities, for reasons of service organization and carriers' distribution procedures, the recipient's identification data will be printed on a label that will be placed on the outside of the transport box. In the case of customers' personal data, it is advisable to destroy or erase them after receiving the order in order to prevent such data from being consulted by third parties after the packaging is discarded at recycling points.

 

Shipping Costs

 

Shipping costs are automatically calculated by the system and may depend on the following factors:

-       actual or volumetric weight of the order (whichever is higher);

-       order value*;

-       segment of ordered products**;

-       delivery adress;

-       carrier tariffs, which are periodically updated.

 

Likewise, shipping costs will be automatically updated as the customer adds items to the shopping cart.

All specific purchase conditions will be clearly indicated during the ordering process and immediately before confirming the respective purchase.

 

* The offer of shipping costs on orders with a certain minimum purchase value will only apply to situations in which the delivery address is located in mainland Portugal.

Shipping Cost Refund

 

There are three situations in which the question of refunding shipping costs for the order may arise:

 

i)               Non-delivery of the order for reasons attributable to TUMBERRY or the carrier: the customer will be fully reimbursed for the amount they may have paid as shipping costs. An employee from the returns and refunds area of TUMBERRY Customer Service will contact the customer to confirm the right to refund of postage and to provide any additional clarification on this topic.

ii)             Error in the product(s) shipped or shipping of a defective product(s): the customer will be fully refunded the amount they may have paid as shipping costs only if the error or defect is verified on all products shipped. For more information on this topic, see point 1.5. below.

iii)           Right to Free Termination of the Contract: in compliance with the provisions of articles 10 and 11 of the legal regime applicable to contracts concluded at a distance and outside the commercial establishment, the customer may exercise their right to freely terminate the contract at period of 14 days from the day on which the customer, or a third party designated by them other than the carrier, acquires physical possession of the ordered product or, if the order is made up of several items that will be delivered on different days , from the day on which physical possession of the last of the items delivered is acquired. To exercise this right, you must send to TUMBERRY, before the end of the period indicated above, an unequivocal declaration of termination of the contract and, for this purpose, you can send an email. In this context, TUMBERRY will reimburse the full amount that the customer may have paid as shipping costs, with the exception of: a) delivery costs in the event of choosing a shipping method other than the least expensive standard shipping method. made available by TUMBERRY; b) the costs of returning the order as a result of this exercise of the right of withdrawal. In any case, the customer will be responsible for the costs of returning the items.

Within 24 hours, TUMBERRY will acknowledge receipt of the communication of the intention to terminate the contract.

 

Notice: Refunds can be made using the original payment method or using a refund coupon. The choice of the refund method through a refund coupon will depend on the express expression of this desire by the customer. In this case, the customer accepts the condition that the refund coupon is valid for 12 months from the date of issuance of the coupon, meaning that, after this period, there will be no further refund.

Procedures applicable in case of recording incidents

 

If a pre-paid order* is returned to TUMBERRY for reasons attributable to TUMBERRY, the amount paid for the purchase will be refunded, including costs related to shipping and return shipping.

Prepaid orders are all those for which the payment method for billing does not correspond.

 

The customer can choose to refund the original payment method or through a refund coupon that can be used on a future order. The coupon will be valid for 12 months from the date of creation. After this period, there will be no refund of any kind. If the original payment was made by Multibanco, if authorized, the customer will be contacted to provide the bank details necessary to make the refund.

 

If the reason for the failed delivery and return of the order is the responsibility of the freight forwarder, regardless of the payment method chosen, the customer will have to submit a written complaint that will be analyzed by the freight forwarder. Alternatively, and always dependent on the customer's prior and express consent to do so, the complaint presented by the customer to TUMBERRY may be sent to the carrier in support of the incident created based on non-delivery.

1.3 - Return and Exchange Procedure

 

Returns

 

In addition to the conditions specifically set out in the previous paragraph, the customer must also take into account whether the product they wish to return was purchased as part of a promotional campaign and whether, for that reason, they benefited from any product offering. If this is the case, the customer must return not only the product in question but also the offer given to them with their purchase. Both products must comply with the previously mentioned guidelines.

 

It is only possible to return one pack in its entirety. If the customer wishes to return a product that belongs to a pack, they must return all products that make up that pack. All products must comply with the aforementioned guidelines.

 

The item(s) must be sent to the following address:

 

ONE UP GROUP, LDA

ATT: TUMBERRY

Av. Alberto Sampaio 350 1. andar, sala 1, 4810-250 Guimarães – Portugal

Contact: 00351 912497012

Email: info@tumberry.pt

 

The return of incomplete, damaged or scratched products, as well as products without the original packaging and/or label, or products with evidence of having been used, will not be accepted. TUMBERRY therefore reserves the right to evaluate the condition of product packaging, deciding whether or not to return the respective items if it is concluded that their packaging is not intact.

 

Refusal to receive or non-delivery, for reasons not attributable to TUMBERRY or the carrier, of orders containing frozen products will result in the loss of the right to a refund of the price paid for them as well as the costs inherent to the purchase of that segment of products, namely costs related to shipping costs and/or the cost of transport packaging.

 

Warnings: The lack of any element that prevents the product from being returned to stock for sale, namely the respective instruction manual in its original supply condition, implies its immediate classification as an incomplete product and, as such, the consequent non-acceptance of the product. devolution.

 

Each of the items to be returned must, therefore, be shipped under the conditions listed above, and the freight forwarder's label must be affixed to the original transport box, or another alternative that guarantees the good conservation of the product, and the box must be destroyed after confirming the condition. conservation of the returned product(s). If any of the conditions previously stated are not met, the customer will lose the right to a refund, in which case they will have 10 days to collect the item(s) in question from the facilities indicated above, bearing the costs of the respective collection. Collection must be carried out by a freight forwarder hired by the customer as it is not possible for individuals to collect the order in person, even if it is the customer himself.

Exchanges

 

The customer must return the item(s), request a refund and make a new purchase. The entire return process is duly described in the Returns item, which is referred to for the purpose of determining the conditions applicable to the acceptance of products to be exchanged.

 

Notice: TUMBERRY reserves the right to accept the return of clothing products for future exchange if the customer, at their own expense, returns them to the warehouse identified above and the product is received under the terms best described in the Returns item, namely with regard to the state of conservation. Following this, and if the product is considered suitable for re-entry into stock, a gift coupon will be issued for the same product to be applied to a future order, with the conditions for using this coupon set out in the Coupons tab applying. If the returned product is not in the conditions described above, the customer will be sent a message not accepting the return indicating the period within which they will have to collect the product originally sent from the aforementioned warehouse.

 

Refund Methods

 

TUMBERRY will do its best to reimburse the customer quickly, maintaining, however, a maximum period of 15 days from receipt of the returned order at the warehouse indicated above.

 

If payment was made by credit card, the refund will be made to the card itself and will appear on the next statement.

If payment was made using one of the other methods available at the time of purchase, and it is not possible to make a refund via the respective original payment method, the customer will be asked to indicate the details of the bank account to which they wish to make the payment. the amount to be refunded is transferred.

 

The customer can, however, also choose to be reimbursed via a discount coupon, regardless of the original payment method. The coupon will be valid for 12 months from the date of creation. After this period, there will be no refund of any kind.

 

Warning: Some payment providers do not allow refunds to be made after a few months of the original payment. In these cases, the customer will be asked to indicate a national bank account to which the due refund must be made. To do so, they must provide a bank receipt identifying the IBAN, the SWIFT code, the name of the banking institution in question, as well as the ownership of the respective account. TUMBERRY reserves the right not to make the refund until the customer has completed the necessary formalities to confirm account ownership.

Return Costs

Once TUMBERRY is notified and it is confirmed that there has been an error in the product(s) shipped or a defective product(s) has been shipped, TUMBERRY will bear the costs of return by collection, at the delivery address, of the product(s) in question. To this end, an employee from the returns and refunds area of TUMBERRY Customer Service will contact the customer to schedule said collection and to provide any additional clarification on this topic.

 

1.4 - Specific Sales and Order Processing Conditions

 

All procedures necessary to ensure that all details, descriptions and prices of products presented on the website comply with legal requirements are strictly followed. However, situations may occur where information relating to the product, including prices and promotional campaigns, has not been correctly published. In these cases, TUMBERRY reserves the right not to process orders with these products. If the customer places an order for these products, the Customer Support team will contact them and inform them of the impossibility of continuing with the process.

 

Orders may also not be shipped for other reasons, such as:

· stock outage;

· inability to obtain payment authorization; 

· order considered fraudulent.

As the products may, at any time, be subject to conditions or impediments to commercialization in the country of the delivery address, the customer must ensure that the purchased product complies with the legislation applicable in that territory, regardless of the possibility of occurrence customs or border control. Whenever detected in time, any restriction on the sale of a product will result in it being out of stock.

All products, campaigns, promotions and offers are limited to the physical stock available and/or the units stipulated for the campaign. TUMBERRY also reserves the right to not allow the completion of the purchase process if any situation is detected, other than those specifically described in this document, resulting from a computer error in the order creation process, at any stage. subsequent to this and associated with the logistical processing thereof, as well as as a result of the knowledge or imposition, by a competent authority, of any restriction on the sale of the products it sells. To avoid the latter situation, customers are advised to check, whenever possible, the compliance of the product in question with the regulations applicable to the country of delivery address.

 

The use of discount coupons associated with credit accumulated from previous purchases, promotional campaigns or compensation granted as a result of recognizing the validity of complaints presented, will only be effective if the requirements or conditions disclosed on the date of activation are verified. namely with regard to the respective period of validity, the availability of stocks, and compliance with the legal provisions applicable at the time of completing the purchase.

 

Additional Information

TUMBERRY may modify prices without prior notice. Payments are always made in Euros, even when prices are shown in other currencies. Some banking entities may charge exchange fees. TUMBERRY is completely unaware of this fact and assumes no responsibility for it.

 

The products, information, services and other content provided by or through this page, including, without limitation, any products, information, e-mails, services and other content offered through any hyperlink, are provided for informational and informational purposes only. summary or aggregate form.

 

Except as otherwise indicated on the page, TUMBERRY does not endorse any specific product or any service offered, advertised or sold on or through this page, including, without limitation, any product or service offered, advertised or sold on or through any hyperlink. TUMBERRY is not responsible for any product or service advertised by third parties and available via any hyperlink, as well as for any quality or performance claims made by them. The customer is hereby advised that other pages on the Internet, including, without limitation, hyperlinks or pages with a hyperlink to this one, may contain material or information that some people may consider to be inappropriate or offensive, inaccurate, false, erroneous or misleading, defamatory or slanderous, which infringes the rights of third parties or which is otherwise unlawful. TUMBERRY expressly declines any responsibility for the content, legality, decorum or accuracy of any information and any products or services present in any hyperlink or any page with a hyperlink to it.

 

1.5 - Warranty

 

As access to the goods and services corresponding to those contracted and with the guarantee of correct functioning is one of the fundamental rights of consumers, TUMBERRY will guarantee, for a period of 36 months from the date of respective delivery (except in the case of perishable goods), the quality of its products, offering customers, in cases where it is demonstrated to be legitimate, one of the following solutions, without prejudice to the right of rejection that the customer can exercise in case of lack of conformity verified up to the 30th day after delivery of the good:

·       Repair of damaged goods, ensuring correct functioning and/or final quality; 

·       Exchange of the good for an equal good;

·       Exchange of the item for a similar item in terms of characteristics and purpose, as long as this is agreed with the customer; 

·       Termination of the contract and consequent refund.

 

The exercise of the right to warranty by the customer will always take place by submitting the complaint to the Customer Support service and returning the damaged item or item that does not correspond to the contracted item, at TUMBERRY's expense, after prior remote assessment of the item. To this end, the customer will be asked to send photographs or videos demonstrating the alleged non-compliance.

 

The Customer Support service will then analyze the item in question in order to confirm the customer's effective right to warranty, excluding all situations that are proven to result, among others, from:

·       Abusive use, intentional damage or negligent damage on the part of the customer;

·       Normal wear and tear of the product, as long as it is within the expected levels declared by the manufacturer;

·       Impossibility of proving the fault or defect indicated by the customer; 

·       All situations that are detected as fraud attempts.

 

If it is not possible to confirm the origin of the non-conformity and instruct the customer with possible actions to restore the product's conformity, it will be collected at TUMBERRY's expense, at a place and date agreed with the customer.

 

After evaluating the product received, the customer will be informed of the decision regarding their order. Confirming the customer's right to invoke the product warranty, TUMBERRY will repair, replace or refund the item in question in the shortest possible time, up to a limit of 30 days from notification of the product's non-conformity report. . The counting of this period will, however, only begin on the day of receipt of the product at TUMBERRY's facilities if, due to a fact attributable to the customer, collection of the product has not occurred on the date proposed by TUMBERRY.

The refund of any amount paid will be made using the same payment method used to purchase the product, unless a different method is agreed with the customer. 

These provisions do not prejudice any consumer rights that result directly from the law in force.

Warning: for the purpose of activating the warranty, the customer must keep the original packaging and packaging material provided for a minimum period of two years (or for a period equivalent to the duration of the warranty extension). In case of collection of the product by TUMBERRY, the customer must guarantee correct packaging, both in terms of sealing and in terms of isolation from other contact surfaces and/or humidity during transport. To do so, you must:

(i)             place the product in the original packaging, ensuring adequate packaging in that packaging;

(ii)           (ii) pack the product with the original packaging in a second transport packaging.

The Customer Support department will always be available to provide any clarification and/or packaging suggestions prior to dispatch or collection of the product(s) in question.

 

1.6 - Suggestions and Complaints

Customer opinion is very important for TUMBERRY as it allows the implementation of improvements in the services provided. Therefore, if for any reason customers are not satisfied with them or any of the goods purchased, or even if they have any suggestions, TUMBERRY would be grateful if any situation is reported to them within 14 days from the occurrence or receipt of the order by the recipient or by a third party designated by you, to one of the Customer Support service contact channels.

If the customer has received a defective or damaged product, or if the product received is different from the one the customer actually ordered, you will have to attach a video to your complaint or, as applicable, photographs in which the problem is clearly visible. , or the condition of the box in which the order was delivered to you.

The customer must also keep in their possession, until otherwise indicated by Customer Service, both the defective, damaged or non-conforming product, as well as the respective order box.

If, at the time of delivery of the order, the exterior of the box is not in perfect condition, the customer must reject the delivery under penalty of non-acceptance of the claim. 

Warning: If, as a result of the evaluation of the complaint presented, the customer is sent a coupon for shipping a product in a future order, this coupon must be activated within the validity period indicated therein under penalty of stock running out of the replacement product.

 

TUMBERRY is registered on the Online Complaints Book Platform, so any customer can access it by clicking here or accessing the page https://www.livroreclamacoes.pt.

 

1.7 - Alternative Dispute Resolution

In the event of a dispute, the consumer may resort to the Alternative Consumer Dispute Resolution entities identified on the consumer portal, on the website www.consumidor.pt, or to the Online Consumer Dispute Resolution entities identified on the website:

https://webgate.ec.europa.eu/odr.

 

The currently existing alternative dispute resolution entities are as follows: 

CNIACC - National Center for Information and Arbitration of Consumer Conflicts – Generic competence

 

Email: cniacc@unl.pt

Web: http://www.arbitragemdeconsumo.org

 

Algarve Consumer Conflict Information, Mediation and Arbitration Center

Geographic area covered - contracts concluded in the District of Faro. 

Email: support@consumidoronline.pt

Web: http://www.consumidoronline.pt/

Consumer Dispute Arbitration Center of the District of Coimbra

Geographic area covered - contracts signed in the municipalities of: Arganil, Cantanhede, Coimbra, Condeixa-a-Nova, Figueira da Foz, Góis, Lousã, Mira, Miranda do Corvo, Montemor-o-Velho, Oliveira do Hospital, Penacova, Penela, Soure, Tábua, Vila Nova de Poiares.

 

Email: geral@centrodearbitragemdecoimbra.com

Web: http://www.centrodearbitragemdecoimbra.com

 

Lisbon Consumer Dispute Arbitration Center

Geographic area of coverage - contracts signed in the Lisbon Metropolitan Area: Lisbon, Alcochete, Almada, Amadora, Azambuja, Barreiro, Cascais, Lisbon, Loures, Mafra, Moita, Montijo, Odivelas, Oeiras, Palmela, Seixal, Sesimbra, Setúbal, Sintra and Vila Franca de Xira.

Email: juridico@centroarbitragemlisboa.pt / director@centroarbitragemlisboa.pt

Web: http://www.centroarbitragemlisboa.pt

 

Porto Consumer Information and Arbitration Center

Geographic area of coverage - contracts celebrated in the Metropolitan Area of Porto: Arouca, Espinho, Gondomar, Maia, Matosinhos, Oliveira de Azeméis, Porto, Póvoa de Varzim, Santa Maria da Feira, Santo Tirso, São João da Madeira, Trofa, Vale de Cambra, Valongo, Vila do Conde and Vila Nova de Gaia.

 

Email: cicap@mail.telepac.pt

Web: http://www.cicap.pt

 

Vale do Ave Consumer Dispute Arbitration Center / Arbitration Court 

Geographic area of coverage - contracts signed in the municipalities of: Cabeceiras de Basto, Fafe, Felgueiras, Guimarães, Póvoa de Lanhoso, Póvoa de Varzim, Santo Tirso, Trofa, Vila do Conde, Vila Nova de Famalicão, Vizela, Vieira do Minho and Vizela.

 

Email: triave@gmail.com

Web: http://www.triave.pt

 

CIAB – Center for Information, Arbitration and Consumer Conflicts 

Geographical area of Amares, Arcos de Valdevez, Barcelos, Braga, Caminha, Esposende, Melgaço, Monção, Montalegre, Paredes de Coura, Ponte da Barca, Póvoa do Lanhoso, Terras do Bouro, Valença, Viana do Castelo, Vila Nova de Cerveira, Vieira do Minho and Vila Verde. 

Email: geral@ciab.pt

Web: http://www.ciab.pt

 

Madeira Consumer Dispute Arbitration Center

Email: centroarbitragem.sras@gov-madeira.pt

Web: http://www.srrh.gov-madeira.pt

II - Privacy and Data Protection Policy

 

2.1 - Introduction

Browsing the TUMBERRY website and registering as a customer in the online store presupposes understanding and acceptance of this Privacy and Data Protection Policy.

TUMBERRY remains constantly concerned about defending the privacy of personal data and taking preventive action with regard to the security of the website, other applications and platforms owned by it, as well as the protection of the data of its customers and visitors. 

In order to reinforce the guarantees of confidentiality of personal data, new data protection measures were implemented, both in terms of verifying the legitimacy of use of the personal data processed, and in terms of guaranteeing compliance with the rights recognized to the holders of that data. In this context, and through the specialization of customer support channels, it aims to promote clearer and more objective communication of the purposes underlying the processing of personal data and the transparency of its processing operations.

 

Therefore, the information contained in this text intends to convey, in a clear and unequivocal way, the content of the privacy policy and protection of personal data that will be subject to processing under the terms set out in the General Data Protection Regulation in force and delimited by the content of the commercial relationship to be established between the data subject and TUMBERRY.

2.2 - Personal data collected

In general terms, personal data is collected in three situations directly arising from TUMBERRY's activity:

2.2.1. User registration: creation of the TUMBERRY customer account and purposes of processing personal data

For the purpose of creating a customer account, a personal area is available in which the customer must enter the data necessary to identify them as a customer. Making the first purchase will depend on the provision of additional personal data, essential for processing the order and its delivery.

 

The mandatory fields in the forms available for those registration phases are marked with an asterisk (*).

TUMBERRY is committed to protecting customer data and it will never be made available to third parties without the holder's knowledge or consent, as legally required.

Furthermore, when making a purchase on the website, the customer will also be requested to provide details regarding the delivery address and payment details in order to ensure the greatest possible efficiency and compliance with delivery deadlines. Such data will be transmitted to the aforementioned group companies as well as to the freight forwarder who will guarantee the order delivery operation, with all these entities being obliged to process this data in strict compliance with the principles set out in the GDPR regarding the protection of personal data.

When processing the customer's order, it is also possible for certain personal data - such as address and postal code - to be disclosed to third parties for the sole purpose of preventing and detecting fraud and always following an inquiry, for this purpose. , by the competent authorities. Such entities are also obliged to implement data protection and security measures.

 

Warning: For reasons of security and protection of personal data, we advise the destruction or erasure of the label on which they are printed, immediately after receiving the order, in order to prevent such data from being consulted by third parties after discarding the data. packaging at recycling points.

 

For the purpose of operating other functionalities made available by TUMBERRY at the customer's request, additional personal data may be requested, which will be subject to processing under the terms specifically provided for in the terms and conditions of use thereof.

The data provided will be kept for the strictly necessary period of time, which normally corresponds to the period of existence of the customer account. For this reason, the moment the customer activates the deactivation of the account they hold, personal data will be permanently deleted, with the exception of data necessary to comply with legal obligations, namely, but not limited to, billing and accounting records. This data will be archived in its own, anonymized database created for this purpose, and only for the period absolutely necessary for such purposes. Data relating to transactions carried out in that period of time using the Credit Card payment method will also be maintained in this same anonymised database for a period of twelve months. Such registration is carried out for the sole purpose of making any refunds that may be due to the customer during such periods that count from the date of issuance of the respective invoices.

Therefore, once the TUMBERRY account has been deactivated, if the customer wishes to place a new order on the website, they must proceed with a new initial registration, subject to the terms and conditions in force at the date of registration.

 

Warning: In the event that, after the deadlines indicated above, the right to a refund of any amount is verified and if this occurs after the account has been deactivated, the customer must contact TUMBERRY, providing the new bank details by presenting a Bank receipt. For this purpose, the customer will be subject to an identity validation procedure. Only bank receipts will be accepted in which you appear as the sole or first holder of the indicated bank account.

Completion of customer registration will trigger a registration confirmation to the email address that the customer associates with the customer account and which will include a link to this text.

 

Any functionality or platform owned by TUMBERRY and which the customer intends to use will be subject to acceptance of the respective terms and conditions of use as well as, when specifically provided, the respective privacy and data protection policy. All matters not specifically provided for in the aforementioned texts will be regulated, with the necessary adaptations, by the terms defined in this text.

In terms of updating customer data, whenever the customer wants to check the data they provided to TUMBERRY, they can do so in their personal area. The customer must keep their account access data secure, given that any and all actions or requests made through their account will be their responsibility, as long as the customer identity validation procedures described below are followed.

Warning: For reasons of security and protection of personal data, we recommend that the customer does not save their password in the browser, as another person with access to their electronic device can access their personal information.

 

For what purpose is the collected data used?

 

Customer data is processed in the context of carrying out actions such as processing orders, notifying the customer of any changes made to the website's functionalities, carrying out surveys and evaluating interactions for statistical purposes.

 

Other information about the customer's experience on the website may also be collected for the sole purpose of improving the service provided to the customer. However, this will only be done after confirmation of the respective holder's knowledge or, where applicable, the collection of their express consent, particularly with regard to the services and functionalities made available by TUMBERRY via the website or any application of which it is holder.

 

Periodically and via email, the customer may also receive information about products and services, campaigns, promotions and special offers. If you do not wish to be contacted for these purposes, the customer may unsubscribe from the newsletter by opting out in the respective fields, available in the Manage Permissions tab of their account data area or by clicking on the link provided in the newsletter text for this specific purpose. . 

 

2.2.2. Customer contact with TUMBERRY

 

Whenever the customer, on their own initiative, contacts TUMBERRY with the aim of obtaining information about the products, the purchase process, the status of the order or to report any situation related to the website or any of the services available, the TUMBERRY may need to collect additional personal data for various purposes that will, in the specific case, be specifically communicated but which may generally fall within situations of confirming the customer's identity and the purpose underlying the contact.

As a way of ensuring that contact is effectively being established by the data subject, TUMBERRY has implemented measures to reinforce the confirmation of the interlocutor's identity in cases where contact is established by telephone.

Therefore, from May 25, 2018, the operator will only proceed with the call after communicating, in clear and objective terms, the purpose and conditions for validating the customer's identity as well as express confirmation by the customer that of the intention to continue the contact under such conditions.

In this context, the customer may, for example, be asked to indicate one or more products purchased in previous orders, which the operator will do after requesting authorization to access the purchase history of the last 6 (six) months. Alternatively, and after describing this identity validation mechanism, an alphanumeric validation code may be sent to the telephone contact or email address registered in your customer account, which must be transmitted to the operator during the start of the call.

 

After validating the customer's identity, the operator will ask key questions based on the description of the reason for the contact in order to frame the situation and, eventually, forward it to a Customer Service employee specialized in the topic to be addressed. deal with.

Any recording of the call for the purpose of evaluating the quality of service will depend on the customer's prior and express consent for this purpose.

 

For each communication established between the customer and the Customer Support service and as soon as the situation that led to the customer's contact with TUMBERRY is considered resolved, a message will be sent to the latter confirming the update of the status of the complaint/request for information. The personal data that forms part of the process associated with the initial contact will be kept for a maximum period of 36 months, after which it will be definitively deleted. In certain cases, upon completion of the processes, a request for evaluation of the service provided will be sent, with an optional response. Following this, and if the customer expressly consents, their opinion will be recorded regarding the level of satisfaction in relation to the customer service provided. This specific registration will not imply the archiving of any personal data, but only the level of evaluation, using a pseudonymization procedure.

 

2.2.3. TUMBERRY contact with the customer

 

When processing a specific order, there may be a need for TUMBERRY Customer Service to contact the customer with a view to:

i) confirmation or rectification of any of the personal data necessary to complete the purchase and shipping process (e.g. payment method or delivery address). In these cases, contact will be made to the mobile telephone number contained in the customer file. Once the connection is established, the operator will confirm the identity of the interlocutor following, if necessary, the procedure described in point 2.2.2. above.

ii) communication to the customer that a message was sent to their message box in the customer account due to the verification of out-of-stock of one or more items in the order in question, as well as the communication that, as an alternative For unavailable products, the amount paid may be refunded or replaced with similar products, as provided in point 1.4. of the General Conditions of Sale.

 

iii) request for clarification on the content of any message sent by the customer or regarding conversations already in progress. In both cases, such contact will be followed by a written message confirming the content covered and/or any fact eventually agreed.

 

2.2.4. Cookies and other Marketing tools

 

2.2.4.1. Classification and description of Cookies used by TUMBERRY

Regarding type:

 

Essential – allow you to navigate the website and use its features. Without these cookies, orders cannot be processed.

Non-Essential, functionality or performance - collects information on the way the user uses the website with a view to improving its functionality. They allow you to check which areas are of greatest interest to the customer, measuring the effectiveness of promotional campaigns. In this way, TUMBERRY is able to understand which products and promotions best suit the customer's interests and needs, which it will do through: preparing statistics based on the customer's non-individualized behavior and the consequent use of the website; measuring the effectiveness of advertising campaigns; the consequent introduction of improvements in terms of navigation, etc., with the sole purpose of improving the performance and responsiveness of the site. For this reason, performance cookies provided by authorized third parties are also used for the purposes indicated here.

Analytics - used anonymously for statistical purposes and to improve the functioning of the website, without any collection of personal information. They allow you to highlight articles that may be of interest to customers or visitors, monitor site performance, determine the most effective method of linking between pages or even why some pages are receiving error messages.

 

Regarding validity:

Persistent - stored on the customer's computer or equipment, between browser sessions, for the purpose of maintaining settings or preferences and improving the use of the website on the next visit. Some of these cookies are provided by authorized third parties, however, with the limitation of the following purposes: presentation of campaigns and products - considered to be of interest to the customer; retargeting - advertising TUMBERRY products on partner websites or social networks, without storing personal data or user profiles, thus not presupposing the transmission of any personal data to third parties due to the fact that the advertising is entirely anonymous.

 

Session – limited to each session initiated by the user, meaning they expire whenever a browser session is ended. Their purpose may be to indicate products previously placed in the shopping cart, identify problems and ensure a better browsing experience. Some session cookies may also constitute a guarantee of enhanced security.

 

Cookies used by TUMBERRY

They remain in the internet browser used only for the duration of the session, and are even deactivated if a period of around 20 seconds of user inactivity is detected. Regardless of the duration of the session, the user can always deactivate these cookies by managing the respective settings of the browser they use.

 

To check the cookies active during each browsing session, consult the Cookie Declaration available in the side tab.

 

2.2.4.2. Activate and deactivate Cookies and similar technologies

 

Newsletters and other communications may, for statistical purposes, contain information that allows us to know whether they are opened and to check clicks through links within them. However, the customer is always granted the right to, at any time, refuse to receive the newsletter or email communication through an option specifically made available for this purpose and mentioned therein.

Furthermore, in the Help menu of the browser used, the customer can manage the use of cookies and other similar technologies. As indicated in the message visible on this page, access to the TUMBERRY online store presupposes the use of cookies, and their deactivation may affect navigation on the website.

If desired and when applicable, the customer may request information regarding the retention periods for information obtained through cookies whose use is the responsibility of TUMBERRY.

For more information, we suggest consulting the information available in each browser or consulting articles with specific information on the topic (eg https://www.allaboutcookies.org/).

2.2.4.3. Individualized communications promoting products or services

 

Depending on the customer's choice of the standard experience or custom experience modality, TUMBERRY may or may not send email messages, in the form of notifications or newsletters, within the scope of carrying out general or customer-directed promotional campaigns. In both cases, the issuance of such communications is only made after confirmation that the customer has given their consent, expressly and unequivocally, and that they have been informed of their right to cancel, at any time, the permissions. granted for such purposes. The customer may, at any time, check which permissions are granted in connection with the processing of personal data in the "Manage Permissions" tab of their Customer Area.

 

The processing of personal data carried out within the scope of individualized communications is carried out in strict compliance with the GDPR, either by TUMBERRY employees or by any third parties to whom said data is transmitted for the purpose of executing the services necessary to carry out promotional campaigns.

2.2.4.4. Redirection

 

Some links on this website redirect the customer to external websites, partners of TUMBERRY. By clicking on these links, the visitor will be leaving the TUMBERRY website. As it is not possible to have any control over these sites, TUMBERRY will not have any responsibility for any content available on them. Browsing and using any platform, owned by TUMBERRY or any of its partners, will represent acceptance of their conditions of use under the terms specifically determined for that purpose.

 

2.3 - Security, Lawfulness, Loyalty and Transparency

 

TUMBERRY uses one of the most secure online ordering systems in existence and is constantly improving its software to ensure the most effective processing of its customers' data and their trust. A server certificate, also known as a digital certificate, ensures TUMBERRY's identity, as well as SSL (Secure Sockets Layer) encryption of transmitted data.

All personal data of TUMBERRY customers will be processed lawfully, fairly and transparently in relation to the data subject. For this reason, the data subject may always contact TUMBERRY to clarify any doubts regarding this topic, as set out in point 2.5.1. below.

2.4 - Access and Purpose Limitation

TUMBERRY is committed to using the personal data of its customers and visitors for the purposes strictly necessary to carry out its activity, with the limitations arising from its scope or the extent of the consent expressly granted by the respective owner. This also means that the data will not be transmitted to any third party without their knowledge and/or authorization in cases where TUMBERRY is legally obliged to do so.

In this sense, TUMBERRY also ensures that access to such data by its employees is only provided to the exact extent necessary to carry out the action in question, with them being identified and tracked in accordance with the functions and tasks assigned to them. within the scope of the contractual relationship that unites them.

All personal data processed by TUMBERRY, whether directly provided voluntarily by its holder, or collected by TUMBERRY for the purpose of executing the contract that binds it to it or operating any functionality made available at the customer's request, will be definitively deleted as soon as confirm that they are no longer necessary. For this reason, the conservation of customers' personal data will comply with the principles of data minimization and limitation of conservation since only the data strictly necessary to comply with the legal and contractual obligations imposed on TUMBERRY are collected and these will be kept and archived, in a specific database, only for the period absolutely necessary for such purposes.

 

2.5 - Rights of Personal Data Holders

 

2.5.1. Right to Information and Access to Personal Data

At any time, the customer may request information about the personal data stored, either with regard to the category of personal data in question, their origin and recipient(s), the duration of the retention period and underlying purposes, or the regarding the identification of the person responsible for processing the data, the data protection officer and their respective contact details.

 

In the event of a manifestly unfounded or excessive exercise of the right to information, TUMBERRY may make the duty to respond dependent on the payment of a fee in the amount of €100.00/hour (one hundred Euros per hour). This amount must be paid within five working days, counting from receipt of the payment instructions, which will be sent by written message addressed to the email address provided by the data subject and/or by SMS to the mobile contact registered in your account. customer or indicated in the request to provide the information in question.

 

2.5.2. Right to Rectification and Right to Erasure of personal data

Wanting to exercise their right to data rectification, the customer must send the respective request, identifying the data to be modified and their new statement, via email sent to geral@tumberry.pt or via registered letter sent to responsible for data processing: TUMBERRY, R. José Francisco Ribeiro 174/204, 4810-013 Costa, Guimarães, Portugal. The same procedure must be followed if the customer wishes to exercise their right to the deletion of personal data. In both cases, the customer will receive confirmation, via the same channel used, that their request was responded to as requested.

 

2.5.3. Right to Limitation of Treatment, to Oppose and to Withdraw Prior Consent

 

In reinforcement of the principle of transparency in the processing of personal data and communications with the customer, TUMBERRY allows, at any time, the customer to modify the data processing permissions granted for each of the indicated purposes. Through the opt-in and opt-out functionalities available for the purpose of activating and deactivating the permissions granted, in the "Manage Permissions" tab of the customer's personal account, the customer can modify or revoke previous consents, namely those provided for the purpose of receiving campaigns advertising, newsletters and other individualized communications, including the definition of profiles, aimed at optimizing the TUMBERRY-customer relationship or the browsing experience (custom experience), as well as the processing of data by third parties, TUMBERRY partners, in the execution of any of the features made available at the customer's request.

2.6 Subsidiary Application

This text regulates all matters relating to privacy and protection of personal data processed within the scope of the use of applications and other functionalities made available by TUMBERRY, whether they are accessible via a hyperlink on the website, or on any other platform that the TUMBERRY is the holder, being directly and subsidiarily applicable to all situations that are not specifically regulated.

 

2.7 Changes to the Privacy Policy and Contacts

 

2.7.1. Any changes made to this Privacy and Data Protection Policy will be published on the TUMBERRY website, with all versions prior to this one being made available at the express request of the customer.

2.7.2. Within the meaning of the GDPR, TUMBERRY is the Controller of Personal Data Processing.

 

2.7.3. Irregularities, situations of non-compliance and any security restrictions in the processing of personal data must be immediately transmitted to the TUMBERRY DPO - Data Protection Officer, by sending an email to: info@tumberry.pt