General Terms & Conditions of Sale

General Terms & Conditions of Sale

1. Commercial Policy

1.1 The "seller" POMY, Estrada Nacional Nº 249, Km 4.2, 2635-047, Rio de Mouro, Lisbon, 517912945, has products for sale on the website https://www.pomyheart.com, with "ecommerce" services available exclusively for end users/"consumers".

1.2 The "Consumer" refers to an individual who acts/buys outside their business or profession. If you are not a "consumer", please do not make purchases on the online sales site https://www.pomyheart.com.

1.3 POMY reserves the right not to process orders received from users who are not "Consumers" or those that do not comply with the general terms of sale of the Seller POMY.

1.4 These general terms and conditions of sale exclusively govern the offer, transmission, and acceptance of orders placed on https://www.pomyheart.com between the consumers of the POMY online store (https://www.pomyheart.com) and the seller.

1.5 The "Consumer" must provide the "Seller" with a valid email address or other contact details that are accurate and complete and agrees that the "Seller" may contact them using these details if deemed necessary.

2. How to Order

2.1 To order on https://www.pomyheart.com, users need an email account and must ensure that their browser is configured to accept cookies and pop-ups to make full use of the online store’s browsing conditions.

Ordering on https://www.pomyheart.com is easy:

1. Find the products you wish to purchase;
2. Add the selected products to the Cart;
3. Complete the purchase;
4. Select the payment option;
5. Review your order;
6. Proceed to payment and confirm the order;
7. You will receive an order confirmation by email;

Your order is confirmed when you select the "Pay now" (Checkout) button at the end of the purchase process.

When POMY receives your order, a message with your order number and all details will appear on the screen. The purchase agreement is finalised at this moment.

An order confirmation is sent to your email. We suggest printing or downloading this copy for future reference.

We reserve the right not to accept or cancel your order even after automatic confirmation.

By submitting the order form, you accept the general terms of purchase as well as other terms available on https://www.pomyheart.com, through links, including the general terms and conditions of use.

The seller may not process orders that lack sufficient guarantee of good payment; when orders are incomplete or incorrect, or if the ordered products are no longer available. In these cases, we will inform you by email that the sale contract has not been completed and that the seller did not proceed with the sale, specifying the reasons.

If the products presented on the online store (https://www.pomyheart.com) are no longer available at the time of your last access or when the seller receives the order, the seller must inform you of their unavailability within 15 days of receiving the order. If an order and payment have been made for products that are no longer available, the seller will refund the money paid for the unavailable items.

2.2 Right to Refuse the Order or Cancel the Purchase

POMY reserves the right to refuse any order for any reason. We also reserve the right to cancel any purchase (even if already accepted by us) (among others) in the following situations, without liability for any damages or costs: ● The product is no longer available/in stock (payments will be refunded); ● The billing information is incorrect or unverifiable; ● The order is flagged by our Security Systems as incorrect or potentially fraudulent; ● The payment transfer for the order was not received by us within 5 days after accepting your order; ● If we believe you are under 16; ● If we believe you are a reseller; ● It is not possible to deliver to the provided address.

2.3 Data Verification

Upon receiving the order, we may perform some checks before preparing it.

These checks may include address verification, creditworthiness, and fraud verification. Regarding fraud verification, we conduct partially automated checks on all orders to filter unusual, suspicious transactions or those identified as potentially fraudulent. Suspected fraud will be investigated and, if necessary, processed. By confirming your order, you agree to these conditions.

3. Warranties and Product Pricing

3.1 Payment Methods

You can find the available payment methods in the Help/FAQ section of the site. We do not accept any other payment methods beyond those mentioned. Please do not attempt to pay by any means not specified. If you do, we cannot be held responsible for loss of payment or any other resulting damages.

3.2 Payment Processing

If you pay by Credit Card, the amount due will be deducted from your account as soon as your order leaves our warehouse. In the case of payment by Credit Card, all details (e.g., card number or expiry date) will be sent via an encrypted protocol to the company providing remote electronic payment services, so that third parties cannot access the transmitted information.

This information will not be used by POMY except to carry out the necessary procedures for the purchase or refund, in the case of a return, in accordance with the exercise of the right of return or for reporting to the police in cases of fraud.

The purchase price of the products and the shipping costs, as indicated on the order form, will be charged to the account when the purchased products are actually dispatched.

4. Order Security

4.1 The site https://www.pomyheart.com uses some of the most robust encryption technologies available.

Your payment information will be encrypted from the moment you enter it until your transaction is processed and will not be stored on a public server. Despite using encryption software, the security of information and payments transmitted via the Internet or email cannot be guaranteed.

POMY cannot be held responsible for any damage suffered as a result of the use of electronic communication means including, but not limited to, damages arising from failures or delays in the delivery of electronic communications, interceptions or tampering of electronic communications by third parties, or computer programs used for communications or virus transmissions.

If you opt for payment by Multibanco Reference, we will start processing the order once we receive the payment. This may take several days. If no payment is received within 5 calendar days after the order is placed, the order will be cancelled.

Payments can only be processed if the billing information can be verified.

5. Retention of Title

POMY retains ownership of the company's products until full payment for all these products has been received.

6. Prices

6.1 The prices of the products displayed on the site include Value Added Tax (VAT). Shipping charges are applied per order. The exact price of the shipping charge will depend on the location where your order will be delivered. For additional information about shipping rates, please consult the Help/FAQ section of the site.

6.2 Prices are quoted in euros. Please note that changing the location may affect the prices due to transportation costs.

6.3 Your Total Price

The total price specified in the final checkout menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future use. Please pay only the exact amount specified in the order confirmation and make individual payments per order.

6.4 Price Changes

The prices of the products shown on the site are subject to change. POMY reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.

6.5 Pricing Errors

Please note that even though the site is updated with extreme care, the information about the price on the site may contain errors. POMY is not committed to the offer and reserves the right to cancel your order if such an error occurs.

7. Quality and Warranty

POMY does not sell second-hand, defective, or inferior quality products compared to market standards. The main characteristics of each product shown on https://www.pomyheart.com are listed on each product page.

The products offered for sale on https://www.pomyheart.com may not exactly match the actual clothing in terms of image and colours due to the internet browser and monitor used.

All products have an identification tag. Do not remove the tag from the product if you want to return the purchased item.

If you decide to exercise the right of return, POMY reserves the right not to accept the return of products that are returned without the tag or that have been altered from their original condition or damaged.

8. Shipping and Delivery

8.1 Delivery: Where and When

We deliver products from Monday to Friday from 9am to 6pm. We do not ship on certain public holidays. We can only fulfill delivery of an order if the delivery address is a house or office located in Portugal.

To receive the order, ensure someone is at the address. This service does not include scheduling or booking options, so delivery will be made without prior contact from the carrier. We do not guarantee this timeframe during promotions, sales, Christmas, and stock shortages.

A delivery is considered made or a product is considered delivered with the signature of the delivery receipt at the agreed address.

We cannot guarantee this timeframe during promotion periods, sales, Christmas, or stock shortages.

Our courier will make two delivery attempts. If no one is available to receive the order, it will be held at a local post office for 5 days before being returned to our warehouse. In such cases, the customer will be responsible for the cost of re-delivery.

8.3 Partial Deliveries

Whenever possible, we will aim to deliver everything in a single shipment. However, we reserve the right to split the delivery of the order, for example (but not limited to) if a part of the order is delayed or unavailable. If we proceed with splitting the order, the customer will be notified via email of our intention to do so. For this purpose, the email address provided by the customer at the time of purchase will be used.

8.4 Inspection at Delivery

At the time of delivery, the customer should inspect the packaging for any damage. If the customer finds that the products are damaged, they should not accept the delivery, and the order will be returned. POMY will process a refund for the amounts paid for the order and shipping as soon as the warehouse receives and completes the return process.

Any complaint about non-receipt of an order must be made within 15 days from the date of the order. After this period, POMY will not be liable for any loss.

9. Shipping Fees

9.1 Shipping fees are applied per order. The exact price of each shipment depends on the delivery location. 

We currently only operate in Portugal and we use Batch as our local courier partner.

Portugal (Continental): 1 to 2 business days - €4,99

Portugal (Ilhas): up tp 7 business days - €8,90

9.2 Free Shipping

If the customer places an order that exceeds the minimum order value (€200), shipping will be free of charge.

10. Returns and Cancellations

10.1 Cancellation of Order Before Dispatch

The customer may cancel the order as long as it has not yet been dispatched. If the customer wishes to cancel an order, they must contact our Customer Service and request the cancellation. Only after this procedure can our Customer Support Department request the cancellation from our warehouse.

If the cancellation request is successful, the customer will be notified by email of this decision, and the cancellation will be processed at no cost to the customer. If the cancellation request is not possible, the products will be shipped to the customer, who, if still wishing to cancel the order, must refuse to accept the delivery. The products will be returned, and a refund will be processed once received.

10.2 Return of Defective Products

The customer has the right to return products if they are found to be defective or otherwise non-compliant with the ordered products. The return can be made within 15 days after receiving the order. This does not affect statutory rights. If the complaint is justified, the price and shipping costs will be refunded. For more information on how to return and refund, please refer to the Help/FAQs menu on the website.

10.3 Return of Products Due to Discomfort

If for any reason you are not satisfied with the products you ordered, you may return them within 15 calendar days after receipt, provided that:

• The products have not been washed or used (unless the product information states otherwise, you have the right to try the product to test size and fit, but you cannot use it);
• The product retains its original characteristics and the packaging is not damaged (carefully opened packaging will not be considered damaged);
• The product is complete (e.g., both items of a pair must be returned);
• You cannot return:
  • Products that have been tampered with.

10.4 Return of Gifts

Currently, a person who has received a product as a gift from someone else cannot return it. In this case, to return the product, you must contact the person who purchased it so that they can handle the return according to the Return Conditions.

10.5 Exchange of Products or Sizes

To exchange an item for another or to exchange sizes, please follow the steps in Returns.

10.6 Information on Returns

In the case of a return, the customer is responsible for returning the products.

If the return is for reasons other than justified defects or non-compliance of the ordered products, POMY will not not refund the shipping costs. To initiate a return, the customer should contact POMY and will receive an email with detailed instructions. The item must then be returned to POMY's warehouse via the post office.

Refunds will be processed according to the original payment method. For payments made via Multibanco reference or MbWay, the customer will need to provide their bank details to Customer Support at the start of the return process. This information is required to process the refund.

The refund will be issued once the returned product(s) have been received and processed.

11. Customer Support

11.1 For additional information, you can contact the seller via email at contact@pomyheart.com or by phone at +351 910 259 705. You can also find information in the Help/FAQs menu on the website.

12. Conditions Applicable to Promotional Codes (Discounts)

12.1 When used according to the established rules, a promotional code entitles the user to a promotion/discount on the purchase of a specific product or a set of products, during the period indicated/associated with the promotional code/promotional campaign.

12.2 Promotional codes can only be used for online purchases made on the website. The sale, exchange, or donation of a promotional code is not permitted. The holder of a promotional code may not upload or offer a promotional code on any website or public form of offer, donation, sale, or exchange. Promotional codes cannot be used for commercial purposes.

12.3 The promotional code is associated with the POMY brand. The use of the promotional code in connection with another brand, company, or name is not permitted. The promotional code must not be used in any illegal, abusive, or disrespectful manner, or in any way that could harm POMY's reputation.

12.4 The promotional code is limited to one use per product and per order. Promotional codes cannot be combined with other promotions or special offers.

12.5 Promotional codes are not redeemable for cash.

12.6 POMY has no obligation to reissue or refund promotional codes. However, if POMY decides to reissue or refund a promotional code, access to the original promotional code is required. Therefore, you should keep a copy of your promotional code, as it cannot be reissued or replaced if lost.

12.7 In cases where POMY reissues/refunds the promotional code, the discount can only be applied to a purchase of equal or greater value than the purchase for which the discount/promotional code was issued.

12.8 Without prejudice to any other rights, POMY may have/has the right to immediately invalidate the promotional code if POMY has reason to suspect that a promotional code is being used: in violation of the above conditions, through usurpation, or in other cases where POMY has reasons to act in this manner.

13. Availability

The fulfilment of all orders placed on the website is subject to availability. POMY strives to ensure that all items listed for sale on the website are in stock. However, POMY reserves the right to refuse any orders or cancel already confirmed orders for products that are out of stock. In such cases, POMY will inform the customer and process a refund for the amount paid.

14. Promotion Validity

Website offers are valid only at the time they are displayed on the site, unless otherwise stated on the website. POMY is not bound by any offer in the event of errors or inaccuracies in spelling, pricing, or other information on the website. POMY reserves the right to cancel any purchase and sale made under such errors.

15. Liability

15.1 POMY will only be liable for damage suffered by the customer if such damage results from breaches attributable to POMY's contractual obligations to the customer, or if POMY's liability arises under applicable legal rights.

15.2 In the event of damage related to the website's activity, POMY's liability is limited to:

• Damage to POMY products or other materials;
• Reasonable and verifiable costs incurred by the customer to ascertain the cause and amount of the compensation attributable to the damage;
• The maximum refund of the compensation mentioned above will be (if applicable) the price of the affected products.

15.3 POMY cannot be held liable for damages suffered by third parties resulting from the use of any of our products. POMY cannot be held liable for damages suffered by the customer as a consequence of misuse of our products.

15.4 POMY is not responsible for damages resulting from incorrect information on the website.

15.5 In the event of damage resulting from gross negligence or intentional misconduct by POMY, none of the limitations stated in this article will apply.

16. Applicable Law

These general conditions and all disputes arising from them, including their validity, the use of the website, or any purchase made on it, shall be governed by Portuguese law.

17. Changes to Terms & Conditions

POMY reserves the right to change these Terms & Conditions at any time. The customer is subject to the terms and conditions in effect at the time of their order, unless a change is required by law or a competent authority.

18. Information on the Website

Although POMY takes great care with its website, the information, texts, graphic documents, films, music, and/or other services may contain errors or be incomplete or incorrect.

POMY cannot be held responsible for any damage resulting from the use (or inability to use) the website, including damage caused by viruses or any inaccuracies or imperfections in the information, unless such damage results from wilful misconduct or negligence on the part of POMY.

19. Trademarks and Copyright on the Website

All brand names, product names, and titles used on the website are registered trademarks or names of POMY or other holders.

Users/customers of the website are not authorised to use or reproduce any of these registered trademarks or names, as this constitutes a violation of the rights of the holders.

All aspects related to the design, texts, documents, films, music, and/or other services on the website, the selection and arrangement thereof, as well as all software compilation (including applets) and all other materials on the site are the property of POMY and its suppliers.

Users/customers are only authorised to electronically copy and print portions of the website as necessary to place an order or to use the site as a source for making a purchase.

Users/customers are not authorised to use the site or the information and materials contained therein for any other purpose, including reproduction for purposes other than those mentioned above, modification, distribution, or republication.

If a user/customer wishes to use information or materials from the website, they need to obtain prior written authorisation from POMY.

20. Gift Card Terms and Conditions

Gift Cards purchased or issued through our online store are for exclusive use at http://www.pomyheart.com.

The Gift Card is valid for 1 year.

After the purchase or issuance of a Gift Card, it cannot be converted into cash or refunded by any other payment method (bank transfer, VISA/MASTERCARD, PayPal, etc.).

Refunds for orders paid with a Gift Card will always be returned via the same method, i.e., Gift Card.

A Gift Card can be used for purchases of a value higher or lower than its balance. If the value of your purchase exceeds the balance, the remaining amount will need to be paid. If the value of your purchase is less than the balance, the remaining balance on your Gift Card will be retained. Your Gift Card can be used as long as there is a balance within the 1 year validity period.

At any time, you can check the balance of your Gift Cards by accessing your Customer Area, selecting the Profile tab, and choosing the "Gift Card Balance" option.

The acquisition of a Gift Card is not combinable with campaigns, discounts, or promotions.

The use of a Gift Card is valid on any item and can be combined with campaigns, discounts, and promotions.

The use of a Gift Card is only permitted for registered customers.