General terms and conditions (version August 2021)
The legal relationship between
Gracious Perspective Lda
AVENIDA DA MARINA, EDIFÍCIO VILA LUSA, LOTE 1 B, LOJA 5
8125-401 VILAMOURA (QUARTEIRA), Portugal
Phone: +32 (0)476 77 98 02
and the customer
is exclusively governed by these general terms and conditions, unless otherwise agreed in writing and mutually recognized. The general terms and conditions are always available on the website https://www.corkoasis.com.
The terms and conditions that are included on the website or communicated to the customer at that time apply to every order. With every order and purchase of services or products from Gracious Perspective Lda, whether or not via the website, the customer confirms that he or she has read and accepted these general terms and conditions of use and sale. These terms and conditions are subject to change and amendment by Gracious Perspective Lda. Under no circumstances will the customer’s general terms and conditions apply to the agreement between Gracious Perspective Lda and the customer. If one of these terms and conditions is not legally valid for whatever reason, the other terms and conditions will remain fully applicable.
- Information and offers
Gracious Perspective Lda is active as a designer and seller of yoga products, mainly based on cork. The information made publicly available by Gracious Perspective Lda (including via the website) is of a general nature and is subject to update and/or change. In principle, this information itself is not adapted to personal or specific circumstances. The colours, shapes and/or materials displayed on the website may differ from the actual colours, shapes and/or materials. No rights can be derived from apparent typesetting, printing or writing errors in (online) catalogs or price lists. We as Gracious Perspective Lda, always describe as completely and accurately as possible what we sell to you and how the ordering process will go. We pay the greatest possible attention to the correct statement of our prices, models, types, sizes, colors, etc. If it appears that errors have been made in the listing, we reserve the right not to deliver the items. In this case you will receive a message and the correct information. Gracious Perspective Lda reserves the right to change the features of its services and products. All quotations from Gracious Perspective Lda are made without obligation. The quotations are based on the currently applicable prices and rates that are observed by Gracious Perspective Lda. In the event of such changes, Gracious Perspective Lda reserves the right to adjust prices in a proportionate manner. Gracious Perspective Lda’s offers cannot be binding on Gracious Perspective Lda unless they have been signed or otherwise unmistakably accepted by the customer, the customer has adequately identified himself and the offers have subsequently been confirmed by Gracious Perspective Lda.
Gracious Perspective Lda will confirm the orders placed through the website and their payment by email to the email address provided by the customer through the website.
Each accepted quotation or order implies a payment obligation for the customer.
- Orders, Prices and Availability
The prices of the services and products of Gracious Perspective Lda are for information purposes and are indicated in euros. Unless the website visitor is logged in with an account approved for EU VAT exemption, the final checkout prices include VAT (VAT rate based on customer’s location deducted from their shipping address, billing address or IP address via a GeoIP lookup) and exclude shipping and administration costs. Some orders will incur additional handling charges. Any additional services, not directly the subject of the order, will be invoiced separately. Prices may be subject to fluctuations, but the products will be invoiced based on the prices in effect at the time of order placement as indicated on the website or otherwise established or agreed between Gracious Perspective Lda and the customer. Any increase in the VAT rate (or other applicable taxes) between the order and its execution will be borne by the buyer. Gracious Perspective Lda’s offer and prices are valid as long as they are visible on the website. Gracious Perspective Lda processes orders placed while stocks last and within the limits set out in these terms and conditions. Gracious Perspective Lda reserves the right to refuse orders in case of serious suspicion of abuse of law or bad faith on the part of the customer.
To purchase a product on the website https://www.corkoasis.com, add the product to your shopping cart. Afterwards, enter your contact details and billing information. Then you choose your method of delivery. In the last step you get an overview page, you accept our terms and conditions and you confirm your order by pressing the order button.
Your website order is complete and the agreement between us is final as soon as we have received your (online) payment and we have confirmed your order by email.
We offer the following online payment options:
Bancontact/ Mister Cash – Maestro – iDeal – Sofort Banking – PayPal – MasterCard – Visa – American Express
If the issuer of your card refuses to agree to your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. We cannot accept or process orders without valid payment in the name of the registered cardholder.
- Shipments, Deliveries and Acceptance.
Gracious Perspective Lda will deliver the ordered services and/or goods at the time, place and conditions specified in the order confirmation and only after full payment of the price. Delivery times are approximate and are given for indicative purposes only. Any delay cannot give rise to compensation or dissolution of the agreement by the customer. Deliveries are deemed to have been accepted unless expressly contested by registered letter addressed to Gracious Perspective Lda within 14 calendar days of delivery.
For orders on our website we offer the following two delivery methods:
a. Shipping via bPost
When ordering on working days, we will deliver your package (if all products are in stock) to bPost within 3-5 working days for shipment. Then bPost will send you an email with the more precise delivery time.
rates delivery via bPost:
=> fixed delivery cost €8.
At home or at the office / Parcel machine / Collection point
=> fixed delivery cost €10.
At home or at the office / Collection point
=> fixed delivery cost €10.
At home or at the office
Austria, Bulgaria, Croatia, Cyprus, Czech, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom:
=> fixed delivery cost €20.
At home or at the office
b. Collection in our warehouse in Kontich
ARC – C/ Gracious Perspective Lda
Koningin Astridlaan 62, 2550 Kontich
Séverine Istas – Tel: +32 476 77 98 02
Collection from our warehouse is only possible after we have informed you by email that your order has been completed.
If we can no longer deliver an ordered product, we will let you know as soon as possible. You then have the choice. Either you get your money back, or we offer you an alternative.
We can ship your order to the countries listed above. A signature is required to receive the package.
We never deliver outside the European Union. We cannot be held responsible for shipments outside the EU. The transport and any additional costs can never be recovered from Gracious Perspective Lda.
If you return goods to us within 14 days of purchase because you prefer not to keep them, you are responsible for the transport.
By accepting the package, you agree that the order has arrived in good order. If your package with the order appears damaged, you must refuse the package and have it returned.
If you have a problem with the delivery of your order, it is best to contact us by e-mail, no later than 2 days after receipt of the package. After all, we always try to find a good solution for every possible problem with the delivery of your order.
The delivery times stated on the website are always an indication and not a binding term. We make every effort to respect the stated delivery time. If we cannot deliver within 30 days, we will always inform you before the expiry of this period. If we do not do this, you can cancel your order free of charge. In that case, we will refund you no later than 30 days after termination.
The provisions of this article only apply to customers who, in the capacity of consumer, place an order for a product with Gracious Perspective Lda via the website. Only in that case does the customer have the right to withdraw from the agreement within a period of 14 calendar days without stating reasons. The withdrawal period expires 14 calendar days after the day on which the customer or a third party designated by the customer, who is not the carrier, takes physical possession of the product. In order to comply with the withdrawal period, the Customer must send us his communication regarding his exercise of the right of withdrawal before the withdrawal period expires. To exercise the right of withdrawal, the customer can use the following model form that can be sent to us by email at email@example.com.
“MODEL FORM FOR WITHDRAWAL”
To: Gracious Perspective Lda, firstname.lastname@example.org
– I hereby inform you that I revoke our agreement regarding the sale of the following goods/provision of the following services.
– Ordered on / Received on / Order number
– Name/First name consumer
– Address consumer
The customer must return or hand over the product to Gracious Perspective Lda or a third party designated by it without undue delay and in any event no later than 14 calendar days after the day on which he communicated his decision to withdraw from the contract. The direct costs for returning the product will be charged to the customer.
If the returned product is in any way diminished in value (e.g. due to damage), Gracious Perspective Lda reserves the right to hold the customer liable and claim compensation for any loss in value of the goods resulting from use of the product by the customer beyond what is necessary to establish the nature, characteristics and functioning of the product. Only the product that is in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be returned. If the customer withdraws from the agreement, Gracious Perspective Lda will refund to the customer all payments received from the customer up to that point in respect of the returned product. In the case of sales agreements, Gracious Perspective Lda will withhold reimbursement until it has received all goods back. If, as a result of the customer’s choice of delivery method other than that proposed by Gracious Perspective Lda, additional costs are incurred, these will not be refunded by Gracious Perspective Lda.
If the customer or Gracious Perspective Lda fails to fulfill any of their essential obligations, such as timely and full payment by the customer, cancellation of the order after confirmation thereof or delivery by Gracious Perspective Lda, the other not in default has the right to dissolve the agreement without judicial authorization and without prior notice of default. In that case, the defaulting party will owe the other party a lump-sum compensation amounting to 15% of the price of the ordered products, without prejudice to the right of the creditor to claim a higher compensation subject to proof of higher damage actually suffered.
- Billing and Payments
Orders placed through the website must be paid for immediately upon placing the order. In general and beyond, Gracious Perspective Lda’s invoices or payment requests are payable in cash upon purchase or payable to the account number IBAN: PT50 0010 0000 5681 9550 0029 0 at the latest on the invoice or payment liner. In the event of non-payment or late payment, a default interest equal to, depending on the nature of the legal relationship, will be due by operation of law, and without a reminder being necessary, from day to day: (i) the ordinary legal interest rate increased by 5% without that this interest may be lower than 10% per year, or (ii) the interest rate established in implementation of the Act of 2 August 2002 on late payment in commercial transactions, in any case increased by a fixed compensation of 10% of the invoice amount, as well as with the price to cover recovery costs caused by non-payment, with a minimum of EUR 75.00 (without prejudice to the right of the creditor to claim compensation for the judicial recovery costs caused by non-payment and without prejudice to the right of the creditor to claim compensation to be claimed for other damage items that are not solely caused by non-payment) and all other re legally owed costs. Any late payment or non-payment also makes all invoices that have already been sent and not yet due at that time immediately due and payable and, moreover, any permitted payment facility or discount will lapse. If the customer has been declared bankrupt or has a collective debt settlement, Gracious Perspective Lda reserves the right to unilaterally dissolve the agreement without notice of default, without prejudice to Gracious Perspective Lda’s right to compensation. Protests about Gracious Perspective Lda’s invoices or payment requests must be made by registered letter at the latest within 7 days of delivery, on pain of forfeiture. Gracious Perspective Lda reserves the right to change the method of invoicing in general or according to the needs of the customer. The customer agrees in principle to electronic invoicing and electronic communication from Gracious Perspective Lda.
8. All products delivered by Gracious Perspective Lda, even if incorporated, remain the property of Gracious Perspective Lda until full payment of the price, being the principal plus any interest, costs and taxes. Until full payment has been made, the customer is not entitled to use, sell, pledge or use them as a guarantee for the benefit of third parties.
Gracious Perspective Lda is not obliged to pay compensation for any damage that would arise directly or indirectly from the services or products supplied or sold by Gracious Perspective Lda. Gracious Perspective Lda is not responsible for errors committed by subcontractors. If the liability of Gracious Perspective Lda should be established, the liability of Gracious Perspective Lda will be limited to direct and material damage, with the exclusion of, among other things, loss of profit, loss of turnover, loss of income, production restrictions, administration or personnel costs and/or claims from third parties. The liability of Gracious Perspective Lda will in any case be limited to the replacement of the delivered goods, to reimbursement of the invoiced amount per delivery or to the cover limit of the liability insurance less costs incurred. Gracious Perspective Lda is not liable for force majeure, accident, shortcomings of the customer such as misuse or incorrect handling or for an act of the customer or a third party. The customer is solely liable for the specific use he makes of the products sold and/or the purposes for which he uses them. A product sold by Gracious Perspective Lda with a defect that it accepts will be replaced or repaired if necessary. If the costs of repair are disproportionate, Gracious Perspective Lda reserves the right to replace the product with a similar item or to refund the customer less costs incurred.
- Disputes and Jurisdiction.
In the event of any dispute between Gracious Perspective Lda and the customer in connection with the use of Gracious Perspective Lda’s services, the purchase of Gracious Perspective Lda’s products and/or the application or interpretation of these terms and conditions or the agreement between Gracious Perspective Lda and the customer, only the courts and tribunals of the judicial district of Antwerp, Antwerp division are competent. The agreement is exclusively governed by Belgian law. Gracious Perspective Lda’s failure to claim a right or to apply a sanction shall never constitute a waiver of rights. The possible nullity of one of the provisions of these general terms and conditions does not result in the nullity of all provisions thereof.
- Intellectual rights
The goods, services and designs contained therein provided by Gracious Perspective Lda as well as the content and all parts of the Gracious Perspective Lda website (including brands, logos, designs, drawings, data, product and/or company names, texts, images , software, etc.) are protected by intellectual property rights (including copyright and trademark law) belonging to Gracious Perspective Lda or to third parties who have authorized Gracious Perspective Lda to use them. The customer is not authorized for any reason to modify, copy, distribute, transmit, distribute, re-list, reproduce, publish, license any information or content obtained , transfer or sell or create derivative works of the foregoing. The delivery of goods or services by Gracious Perspective Lda does not imply any transfer or making available of its intellectual rights. You are not permitted, for any reason or by any means, to establish an automatic link between the Gracious Perspective Lda website and any other website or any link that automatically links back to the Gracious Perspective Lda website, without permission from Gracious Perspective Lda. Any infringement of intellectual rights may be subject to civil and criminal prosecution in accordance with applicable law.