Terms of service

purchase and use conditions

1. introduction

this document sets out the conditions that govern the use of this website (https://vernistudio.com) and the purchase of products on it (hereinafter "conditions").

please read these conditions carefully. by using this website or placing an order through it, the customer agrees to comply with these conditions. if you do not agree with all of the conditions, you should not use this website.

these conditions may change. it is your responsibility to read them periodically, as the conditions in force at the time you use the website or enter into the contract (as defined below) are the ones that apply.

2. our data

this website is operated under the name verni by fabio rodrigues, sole trader (empresário em nome individual), with address at rua do tojal, leitões, 4805-191 guimarães, portugal, nif 250781336, email geral@vernistudio.com.

3. your data and your visits to this website

the contract may be formalised, at your choice, in any of the languages in which these conditions are available on this website.

by using this website, the customer consents to the processing of the information and data provided, as described in our privacy policy, and declares that all information and data provided is true and accurate.

4. use of our website

when using our website and/or placing orders through it, the customer undertakes to:

4.1. use this website only to make legally valid enquiries or orders.

4.2. not place any false or fraudulent orders. if we reasonably consider that an order of this nature has been placed, we are authorised to cancel it and inform the competent authorities.

4.3. provide us with a true and accurate email address, postal address and/or other contact details, and consent to the use of that information to contact the customer.

if you do not provide us with all the necessary information, we will not be able to process your order. when placing an order through this website, you declare that you are over 18 and have the legal capacity to enter into contracts.

5. service availability

the products featured on this website are available for delivery worldwide. for orders outside portugal, delivery times vary between 2 and 8 working days from the moment we receive payment.

6. conclusion of the contract

to place an order, you must follow the online purchase procedure and confirm the order after reading and accepting these conditions. in doing so, you enter into a purchase and sale agreement with us (the "contract").

you will then receive an email acknowledging receipt of your order. after payment, your order will be delivered by our logistics partners (dhl or ups) to the delivery address indicated during the purchase process, together with the respective invoice.

7. product availability

all orders are subject to product availability. if there is any difficulty with the supply of products or if an item is out of stock, we will inform you immediately and refund any amount you have paid within 30 days.

8. delivery

without prejudice to clause 7, and unless there are extraordinary circumstances, we aim to deliver orders within 1 to 5 working days, depending on the item ordered, after payment has been received.

these periods may vary according to stock availability and during drops, promotions, sales and the christmas period.

if you do not receive your order within a maximum of 30 (thirty) days from the date of payment, please email geral@vernistudio.com to let us know. after this period, verni cannot be held responsible for the loss of the order.

if we are unable to meet the delivery date for reasons beyond our control, we will inform you and give you the option to continue with your purchase with a new delivery date, or to cancel the order with a full refund of the amount paid, without prejudice to any other rights you have under applicable law.

for the purposes of these conditions, an order is considered "delivered" when the customer, or a third party indicated by the customer, is physically in possession of the products, as evidenced by the signature of the order receipt at the delivery address indicated.

9. unclaimed, refused or undeliverable parcels

customers are responsible for providing accurate and complete delivery information and for accepting or collecting their parcel within the timeframe set by the carrier.

if an order is returned to verni because the customer failed to accept or collect the parcel, provided an incorrect or incomplete address, or for any other reason attributable to the customer, verni will contact the customer using the email address provided with the order. the customer may request:

• reshipment of the order, subject to product availability and payment of the new shipping costs; or
• cancellation of the order and a refund, where applicable, from which verni may deduct the reasonable and documented additional costs incurred as a result of the unsuccessful delivery and return of the parcel, to the extent permitted by applicable law.

if a parcel is returned to verni a second time because the customer failed to accept or collect it, any further shipment will be made exclusively at the customer's expense.

if the customer does not provide instructions within 30 days of verni's final notice, the order will be considered unclaimed. verni will no longer be required to reserve the purchased items, and the products may be returned to available stock.

any request received after this period will be assessed in accordance with these conditions and applicable law. verni reserves the right to take into account any reasonable and documented additional costs resulting from unsuccessful delivery attempts, returns, storage and handling, to the extent permitted by applicable law.

failure to collect or accept a parcel does not, by itself, constitute an exercise of the statutory right of withdrawal. the customer's statutory consumer rights remain unaffected.

10. transfer of risk and ownership

the risk of the products passes to the customer from the moment of delivery.

the customer acquires ownership of the products when we receive full payment of all amounts due, including shipping costs, or at the time of delivery (as defined in clause 8), whichever is later.

11. price and payment

the price of each product is the one stated on our website at any given time, except in case of obvious error. although we try to ensure that all prices are correct, errors can occur. if we detect an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option to confirm the order at the correct price or cancel it. if we are unable to contact you, the order will be cancelled and the amount paid refunded in full.

we are not obliged to supply any product at an incorrect lower price (even after sending the shipping confirmation) if the error is obvious and unambiguous and could reasonably have been recognised by the customer as an incorrect price.

prices on this website include vat but do not include shipping costs, which are added to the total amount due at checkout. prices may change at any time, but (except as set out above) changes will not affect orders for which we have already sent an order confirmation.

during the purchase process, before payment, the customer can review and change the order details.

payment can be made using the payment methods shown at checkout. card details are encrypted and processed by our payment providers to reduce the risk of unauthorised access. by completing checkout, the customer confirms that they are the legitimate holder of the payment method used.

payment cards are subject to checks and authorisation by the issuing entities. if payment is not authorised, we will not be responsible for any delay or non-delivery and will not be able to conclude a contract with the customer.

12. value added tax

all purchases made through this website are subject to the portuguese value added tax (vat) rate in force.

13. returns, exchanges and right of withdrawal

this section sets out both the customer's statutory rights and verni's commercial returns policy. where the two differ, the more favourable applies to the customer. the full operational detail, including current return shipping rates by country, is published in our returns & exchanges policy, which forms part of these conditions.

13.1 how to request a return or exchange

all returns and exchanges must be requested by email to geral@vernistudio.com before the item is sent back. we will reply with the return instructions and any documentation required. the statutory right of withdrawal may also be exercised through the same email.

13.2 statutory right of withdrawal

if the customer is contracting as a consumer, the customer has the legal right to withdraw from the contract within 14 calendar days, without giving any reason.

this period runs from the day on which the customer, or a third party indicated by the customer other than the carrier, takes physical possession of the products. where the order is delivered in separate shipments, the period runs from the day on which the last product is received.

to exercise this right, the customer must inform us of the decision to withdraw by an unambiguous statement before the period expires. the customer may use the model withdrawal form included in the annex to these conditions, but is not obliged to do so; any clear statement sent within the period is valid. the deadline is met if the statement is sent before the period expires.

where the right of withdrawal is exercised, we refund the price of the products. shipping costs are not refundable. the customer bears the cost of the original outbound delivery and the direct cost of returning the products.

13.3 verni extended returns window

in addition to the statutory right above, verni accepts returns for 30 calendar days from the shipment confirmation date. this is a contractual concession that goes beyond the statutory 14 days. all returns are subject to the conditions of our returns & exchanges policy.

the customer may choose a refund to the original payment method or store credit. store credit carries a 5% bonus on the returned value and is valid for one year from issue.

13.4 condition of returned products

products must be returned unworn and in saleable condition, in their original packaging and with all tags intact. specifically:

• the items have not been worn, washed, altered or damaged, and carry no marks of use, make-up, deodorant, lotion, perfume or other strong odours;
• the items retain their original characteristics and their interior labels are intact;
• the items are complete, and all material accompanying the order is returned, excluding wrapping paper and cardboard.

products must be returned through our partner carriers (dhl or ups), including all documents that accompanied the order.

where a return does not meet these conditions we may decline it. the item will be returned to the customer and the corresponding shipping cost will be borne by the customer.

we may withhold the refund until we have received the products and confirmed their condition. the customer is responsible only for any diminished value of the products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. all rights recognised by the law in force are safeguarded.

13.5 what is and is not refunded

the value of the products is refunded. return shipping is borne by the customer, at the rates published in our returns & exchanges policy, and is deducted from the refund.

for orders delivered outside the european union, duties and import taxes are shown as separate lines at checkout and are paid to the customs authorities of the destination country at the time of shipping. these amounts are collected by the customer's government and not by verni, cannot be recovered once the order has cleared customs, and are therefore not refundable.

where a carrier charges a customs clearance or storage fee on a returned order, that cost is deducted from the refund in addition to the return shipping rate. including all documents that came with the order inside the return parcel is the customer's responsibility and avoids these charges.

refunds are issued using the same payment method used for the original transaction. the customer pays no fee arising from the refund itself.

13.6 exchanges

exchanges are available for orders delivered within the european union, for a different size or a different model, subject to availability. where the replacement item is of higher value, the customer pays the difference. the customer bears the cost of sending the original item back; once the exchange is approved, verni ships the replacement free of charge.

outside the european union, exchanges are not available, because the replacement would be treated as a new import and would incur new duties. the customer may return the item for a refund or for store credit with the 5% bonus described in 13.3.

exchanges are independent of, and do not replace, the statutory right of withdrawal set out in 13.2.

the original item must be sent back without undue delay after the exchange is requested. if the original item has not been dispatched within 14 calendar days of the exchange request, we reserve the right to charge the customer the cost of the replacement order, in accordance with these conditions.

13.7 final sale items

items identified as final sale at the time of purchase may be returned for store credit only. all other conditions of this section and of our returns & exchanges policy continue to apply to those items.

this restriction does not affect the customer's statutory rights in relation to defective products, nor the statutory right of withdrawal set out in 13.2 where it applies.

13.8 defective, damaged or incorrect products

where the customer considers that a product delivered is not in conformity with the contract, the customer must contact us within the legally established period and we will explain how to proceed.

if a product arrives damaged or is not the product ordered, verni covers all costs. the request must be sent by email to geral@vernistudio.com with the order number and a photo of the item. we provide a prepaid shipping label at no cost to the customer, and the customer is refunded in full, including the original shipping and any duties and taxes paid.

as legally established, instead of terminating the contract the customer may choose to have the product replaced. the refund or replacement will be made as soon as possible and, in any event, within 30 days. all rights recognised by the law in force are safeguarded.

13.9 variations that are not defects

minor variations inherent to the production process and materials are not defects. these include slight differences in colour or dye lot between production batches, small irregularities in the texture of natural fibres, and minimal variations in measurements within our tolerance.

every piece is inspected before dispatch.

13.10 orders delivered outside portugal

where the order has been delivered to an address outside portugal, the clauses above apply with the following clarification: any replacement or reshipment organised by verni is made to the original delivery address of the order.

verni is not obliged to bear shipping costs to an address other than the original delivery address, nor return costs to destinations other than those provided for in our returns & exchanges policy.

nothing in this clause affects the customer's rights as a consumer, nor the right to withdraw from the contract.

14. intellectual property

the customer acknowledges that all copyright, trademark and other intellectual property rights in the materials and content provided on this website belong at all times to us or to those who have licensed them to us. the customer may only use this material in the manner expressly authorised by us or by those licensors. this does not prevent you from using this website to copy information about your order or contract, as necessary.

15. viruses, piracy and other computer attacks

you must not misuse this website by knowingly introducing viruses, trojan horses, logic bombs or any other technologically harmful material. you must not attempt to gain unauthorised access to this website, the server on which it is hosted, or any server, computer or database connected to our website.

you undertake not to attack this website through a denial of service attack or a distributed denial of service attack.

failure to comply with this clause may constitute offences under applicable law. we will report any such breach to the competent authorities and cooperate with them to identify the attacker. in case of breach, you will no longer be authorised to use this website.

we will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful program or material that may affect your computer, equipment, data or materials as a result of using this website, downloading content from it, or from content to which it redirects.

16. links from our website

if our website contains links to third-party websites and materials, these links are provided for information purposes only and we have no control over the content of those websites or materials. we therefore accept no liability for any damage or loss arising from their use.

17. written communication

applicable law requires that some of the information or notifications we send be in writing. by using this website, the customer accepts that most communications with us will be electronic. we will contact the customer by email or provide information through notices posted on this website.

for contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically satisfy any legal requirement to be in writing. this does not affect the rights recognised by law.

18. notifications

customer notifications must be sent by email to geral@vernistudio.com or through our instagram.

in accordance with the previous clause and unless otherwise specified, we will send notifications by email or to the postal address provided when placing your order.

notifications will be deemed received and correctly made when posted on our website, 24 hours after an email is sent, or three days after the postmark date of any letter. to prove that a notification was made, it is sufficient to prove, in the case of a letter, that it was correctly addressed, stamped and delivered to the post office or a postbox, and in the case of an email, that it was sent to the email address specified by the recipient.

19. transfer of rights and obligations

the contract is binding on you and us, as well as on our respective successors, assignees and heirs. you may not transfer, assign, charge or otherwise dispose of a contract or any of the rights or obligations arising from it without our prior written consent.

we may transfer, assign, charge, subcontract or otherwise dispose of a contract or any of the rights or obligations arising from it at any time during its term. for the avoidance of doubt, any such transfer will not affect your rights as a consumer recognised by law, nor cancel, reduce or limit any express or implied guarantees we may have given you.

20. force majeure

we will not be responsible for any failure or delay in performing our obligations under a contract caused by events beyond our reasonable control ("force majeure").

force majeure includes any act, event, omission or accident beyond our reasonable control, including, among others:

• general strikes or other forms of protest that significantly affect the country;
• civil unrest, riot, invasion, terrorist attack or threat, war (declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;
• inability to use trains, ships, aircraft, road transport or other means of public or private transport;
• inability to use public or private telecommunications networks.

our obligations under the contract will be suspended for the duration of the force majeure event, and the period to fulfil them will be extended by an equal period. we will use all reasonable means to end the force majeure event or to find a solution that allows us to fulfil our obligations despite it.

21. waiver

any failure by us to insist on strict performance of any of the customer's obligations under a contract or these conditions, or to exercise any of our rights or remedies, will not constitute a waiver of those rights or remedies, nor release the customer from those obligations.

no waiver by us of any specific right or remedy will constitute a waiver of any other rights or remedies arising from the contract or these conditions. no waiver will take effect unless it is expressly stated to be a waiver and communicated to the customer in writing, in accordance with these conditions.

22. partial invalidity

if any of these conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions will remain in full force and effect.

23. entire agreement

these conditions and all documents expressly referred to in them constitute the entire agreement between us and the customer in relation to the subject matter of the contract, and replace any prior agreement, arrangement or promise, verbal or written.

we and the customer acknowledge that we have entered into the contract without relying on any statement or promise made by the other party, except as expressly set out in these conditions.

24. applicable law and jurisdiction

the use of our website and the purchase contracts made through it are governed by portuguese law. this does not affect any other rights granted to the consumer by the legislation in force.

25. alternative dispute resolution

in the event of a consumer dispute, the consumer may use an alternative dispute resolution entity. the updated list of entities available under law no. 144/2015, of 8 september, can be found on the consumer portal at www.consumidor.gov.pt.

in accordance with portuguese law, verni provides an electronic complaints book, available at www.livroreclamacoes.pt.

annex — model withdrawal form

(referred to in clause 13.2. complete and return this form only if you wish to withdraw from the contract.)

to: fabio rodrigues (verni), sole trader, rua do tojal, leitões, 4805-191 guimarães, portugal, nif 250781336, email geral@vernistudio.com

i hereby give notice that i withdraw from my contract for the sale of the following items:
(item details)
ordered on / received on:
consumer name:
consumer address:
consumer signature (only if this form is sent on paper):
date: