Purchase Conditions

1. The Parties

4BUSINESS, Tax ID (NIF) P204579430 and registered address Rua Tenente Ferreira Durão 5 - 5º Andar (hereinafter, 4BUSINESS) is assignee of the domain name of the website www.av72co.store , email address av72@4business.pt and helpline number +351 967081762, assignee of the Internet domain www.av72co.store and other websites with the same address but with generic top-level domains (gTLDs) and country code top-level domain names (ccTLDs) (hereinafter the Website or www.av72co.store) pursuant to the existing website assignment agreement with the assignees 4BUSINESS, Tax ID (NIF) P204579430 and registered address Rua Tenente Ferreira Durão 5 - 5º Andar.

Two: the purchaser, understood to mean any user in accordance with the provisions of the Specific Registration Conditions, of legal age according to Portuguese legislation, who accesses www.av72co.store and completes the procedure therein, including acceptance of these conditions, to acquire one or more products from the catalogue.

2. Purpose

The purpose of these conditions is to govern purchase by the purchaser of any of the products provided by AV72&CO on this website in exchange for the appropriate monetary consideration according to the provisions of Stipulation 4 below.

3. The purchasing process

The purchase process is simple and can be done on the Website itself. To make a purchase on the Website, all you have to do is browse the product catalogue and add the items that interest you to your shopping cart, specifying the quantity and the sizes you want. If there are no size options, please select the only size available.

Once you have selected the items you wish to buy:

• Click on the shopping cart and select “Purchase”. You can modify your order at this point by simply adding products to the cart or removing them.

• You will now be asked to review the information displayed on the screen, add any missing information and select the means of payment. You can currently choose from the following means of payment:

1.We accept Discover, Diners, American Express, Mastercard and Visa debit and credit cards. In this case we will need you to provide us with information about your card for the sole purpose of processing the payment.

2.Paypal: for further information visit https://www.paypal.com

3.Klarna: we also offer you the option of paying in three interest-free instalments. For more information go to www.klarna.com

• After reviewing the products in your cart to avoid mistakes, accept the conditions and proceed with payment by the means you have selected in order to complete the purchase.

• AV72&CO will send a message confirming your order and also confirmation of the associated payment (if any). The purchase confirmation email will be accompanied by an electronic receipt containing the details of the transaction: prices of the purchased product(s), applicable taxes and shipping costs (if any).

You expressly agree to accept a digital invoice, although you can indicate your desire to receive a printed one at any time by sending an email to: av72@4business.pt. In this event we will send you a printed invoice at no extra cost.

• You will receive your purchase in the delivery time indicated on the Website.

4. Prices, Shipping and Delivery

The product prices displayed on the website are set by AV72&CO, are in EUROS and include VAT and any other applicable taxes. Nevertheless, tax-related information is subject to changes as a consequence of changes in the taxes themselves.

The Website may include promotions, discounts, free telephone numbers, etc. The respective windows will inform you of these aspects and of any conditions that may apply to your use of the same.

We will send your purchases within the delivery period displayed on the Website except in the event of special circumstances deriving from customisation of the product or event of force majeure (understood as an unpredictable extraordinary circumstance) and always within thirty (30) days counting from confirmation of the order.

5. Acceptance of the General Purchasing Terms and Conditions

When you place an order entirely through www.av72co.store, you must read the purchasing conditions and expressly accept them by clicking on the check box — the default status of which is unchecked — at the end of the purchasing process.

6. Right of cancellation

AV726CO provides for the option of cancelling a purchase contract within fourteen (14) calendar days from receipt of the order, without having to give a reason, provided that the product has not been used or damaged. In the case of an order that includes several products to be delivered separately, the return period shall begin on the date of actual receipt of the last item in the order.

If you wish to exercise your right of cancellation you must notify us by sending a clear and concise statement to that effect through one of the following channels:

a) By email to av72@4business.pt.

b) Alternatively, access your private area account on the Website with your username and password, click on Return Center, select the order that includes the product you wish to return and select the item. AV72&CO will send you an email to confirm that we have received and acted on your wish to withdraw from the purchase contract.

Using one of the above options, you must return the products in question within fourteen (14) calendar days counting from the date on which you notified us of your desire to return the article or articles. 

- Consequences of cancellation

In the event of cancellation, we will refund all payments received after the purchase, not including delivery costs, without undue delay and always within 14 calendar days from the date on which we were notified of your decision to cancel. The only payment we will not refund is any additional cost resulting from your choice of a different means of delivery from the least expensive ordinary delivery method that we provide. We may retain the refund until we have received the goods or until you send us documentary proof of return, whichever happens first.

The purchaser shall only be responsible for impairment of the value of the returned goods if they have clearly been handled in excess of what would be required to unpack them and establish their nature, size, features or function.

The goods must be returned in identical conditions to those in which they were delivered, including all their containers and wrappings. 

All amounts reimbursed shall be paid by the same means of payment as was used to make the purchase.

- Further information

You are expressly informed that the return period indicated above could be extended to sixty (60) days at sale time or during special promotions. In these cases, you will be notified on the Website with the exact start and end dates of the extended return period of 60 days.

If what you want to do is change the article for an identical one in a different size, simply return the purchase following the steps explained above and place a new order independently of the return process.

- Right to cancel orders

In addition to the right of withdrawal, AV72&CO offers customers the chance to cancel orders as long as it is still logistically possible. This option is available until we start preparing your order. When we start depends on how many orders we have to prepare.

When it is available, you’ll see the option to cancel your order under “My Account” > “My orders”. Orders must be cancelled in full; it is not possible to cancel only some of the items in an order. After being cancelled, the order cannot be reactivated. You would have to place a new order through our website. If you used a promotional code or discount voucher for the order cancelled, it will be lost and you will not be able to use it again to place another order.

7. Size exchanges

In cases where you find that the size of the purchased product does not meet your needs (and without prejudice to the right of withdrawal that applies to you), you are offered the possibility of exchanging size within the period of thirty (30) calendar days from receipt of your order, without need for justification.

At AV72&CO we only accept size exchanges, if you want to replace the product with another design or colour, you must return the product and place a new order. To exchange a product purchased on the AV72&CO web site you need to access your user account and select the product you want to exchange. 

In the “My Orders” section in “My Account”, you can select the product you want to exchange by clicking on EXCHANGE SIZE. Once you have requested the size exchange, select the new size you need, confirm your shipping details and continue to follow the instructions for processing the size exchange.

Once you have requested the size exchange and selected the shipping method, you need to send the product via the Post Office following the instructions detailed in the exchanges and returns section of this website.

As soon as we receive your returned item, we will start the process of sending you the new size.

To exchange an item, it is important that the returned item is in the same condition as when it was received. As soon as we receive the package with your item, we will check its condition and we will process the size exchange. If the size in question is not available, we will refund the amount of the product.

If we do not receive the return within a maximum of 30 days from the exchange request, AV72&CO will cancel the stock reservation of the new size and the exchange request will be deleted.

Remember that all exchanges for products purchased online must be processed through the AV72&CO web site. At the moment it is not possible to exchange the size of items purchased on the AV72&CO web site at physical points of sale.

8. Membership specifics of  AV72&CO Club

AV72&CO Club becomes effective on the date these terms are published on the website and will remain in effect indefinitely. However, since the benefits and/or privileges associated with AV72&CO Club are voluntarily granted by  AV72&CO to Club members, AV72&CO reserves the right to amend these terms at any time. In such cases,  AV72&CO will inform Club members in advance through available communication channels (email, website, etc.).

Any changes or cancellation of one or more AV72&CO Club terms will not entitle members to any form of indemnity or compensation.

AV72&CO reserves the right to verify the identity of any  AV72&CO Club member at any time.

8.1. Club membership

AV72&CO Club membership is obtained simply by subscribing to our Newsletter. Therefore, all users who subscribe to the Newsletter and complete the required fields (marked with an asterisk) will be considered members of AV72&CO Club, with access to all associated benefits.

Section 8.2 provides details on the range of benefits and privileges linked to Martinelli Club membership. For any matters not addressed in the specific provisions outlined in section 8.2, the remaining sections of these general conditions of purchase shall apply.

8.2. Benefits and privileges of AV72&CO Club

8.2.1. Extended exchange and return period

AV72&CO offers AV72&CO Club members the option to cancel their purchase or exchange the product size within sixty (60) calendar days of receiving their order, without needing to provide any justification, as long as the product has not been used or damaged.

This benefit applies provided that the user meets the AV72&CO Club membership requirement before completing the purchase.

8.2.2. Birthday benefit

To join AV72&CO Club, members are required to provide their date of birth. On their birthday, AV72&CO will send an ecard to the member, including a discount for purchases at AV72&CO valid for 30 days.

For further information on how we handle your personal data, please consult our Privacy Policy.

8.2.3. Early access to offers and promotions

All AV72&CO Club members will enjoy early access to promotions published by AV72&CO on its website. These promotions will be shared privately and via email with AV72&CO Club members.

8.2.4. Welcome discount

Users who join the AV72&CO Club will get a “Welcome Discount”. The discount will be valid for their first 10 days as a member. It can only be used once (it’s a welcome deal) and can be used with other discounts and/or promotions but not with other coupons. The discount can be used on orders of €50 or more.

8.2.5. Special draws

AV72&CO Club members will be eligible to participate in exclusive draws, announced and published on the Website. Membership alone grants entry to these draws, although each draw may have specific terms and conditions for participation. Details about each special draw will be displayed on the website, outlining the particular features of each draw.

9. Obligations of the parties

9.1. AV72&CO obligations

Pursuant to these Terms and Conditions, AV72&CO undertakes to:

• Do everything in our power to take the steps required to ensure that customers receive their orders as soon as possible.

• Provide the customer with the documentation required to take delivery of the order.

• Comply with all other obligations set forth in these Terms and Conditions or in any other applicable conditions.

9.2. Purchaser’s obligations

By accepting these Terms and Conditions, the customer agrees to:

• Pay the amounts associated with the purchase in due time and form including all fees, taxes and any other costs specified during the purchase process. Failure to pay the price of the selected articles in the final step of the purchase process shall exempt AV72&CO from any obligation whatsoever to provide and deliver the goods.

• Submit only true and accurate data when asked to provide information during the purchasing process.

• Assume the responsibility for failing to meet the requirements specified by AV72&CO to place orders or for not possessing the documentation required to make purchases online.

• Comply with any other obligations set forth in these Terms and Conditions or in any other conditions that may be applicable such as the general conditions of use or the particular registration conditions and assume all responsibility deriving from said non-compliance, holding Martinelli totally harmless.

10. Legal guarantee

You are expressly informed that we provide a warranty in compliance with the legal guarantee of three (6) months from delivery of the item when you place an order for any products that we market by means of this Website.

11. Waiver

AV72&CO expressly declines all responsibility for loss and damage suffered by a customer for reasons attributable to the same. AV72&CO only accepts responsibility for loss and damage caused to the customer deriving from a fraudulent act or wilful misconduct of AV72&CO in connection with purchases made through this Website. AV72&CO declines all responsibility for acts or omissions including, but not limited to, the following:

• The products acquired through www.av72co.store are of no use to the purchaser. In particular, the above applies to the usefulness of living material acquired through the website since it depends on circumstances such as the weather, climate, environmental conditions, etc.

• The suitability of the products to the purchaser’s real needs.

• Personal or material loss and damage as a result of use of the products.

• Failure to comply with its obligations for reasons of force majeure such as internal or external strikes, natural catastrophes, non-compliance by the company in charge of transport, etc., among others.

The customer hereby recognises that the products ordered are purchased at their own risk. The activity of AV72&CO is limited to execution of the actual tasks required to deliver the products selected by said customer. AV72&CO declines all responsibility for the choice of products by the purchaser even whenAV72&CO has provided advice in this respect, or for the customer’s lack of diligence in checking the specifications of the products before ordering them.

At all events, the responsibility assumed by AV72&CO vis-à-vis the purchaser shall never include loss of potential income under any circumstances whatsoever and shall be restricted to the total amount received from the purchaser pursuant to the monetary stipulations set forth in these Terms and Conditions.

12. Compensation

Failure by the purchaser to comply with these Terms and Conditions or any other applicable rules and regulations may grant AV72&CO the right to claim compensation for loss and damage. Consequently, the purchaser shall be obliged to compensate Martinelli for any loss or damage including court costs and legal fees.

Likewise, any legal action taken by third parties against AV72&CO for reasons attributable to the purchaser shall entitle the former to claim for all expenses, costs, loss and damage deriving from said legal action and the purchaser shall hold AV72&CO entirely harmless. 

13. Amendments

Martinelli reserves the right to update and/or amend these Terms and Conditions at any time without prior notice.

Said changes shall come into effect on their publication date on www.av72co.store by any medium or form.

Changes made to these Terms and Conditions will only affect purchasers who accept them after said updates or amendments.

14. General considerations

14.1. Waiver and interpretation of these Terms and Conditions

These Terms and Conditions, particular conditions agreed at any time and any other conditions applicable to the purchaser constitute the only agreement between the purchaser andAV72&CO.

These Terms and Conditions shall prevail over the provisions of any other terms and conditions agreed by and between AV72&CO and the purchaser in the event of contradiction between the provisions of these Terms and Conditions and said others, unless the latter specifically provide to the contrary.

The failure of either party to demand full application of these Terms and Conditions or strict compliance with any of their stipulations due to special circumstances at any time shall not be taken to mean full or partial amendment of the same or as waiving strict compliance with all these Terms and Conditions in the future.

If any of the clauses or parts of these Terms and Conditions are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be impaired in any way and the Parties shall negotiate new wording in good faith as similar as possible to the replaced part. The party affected by replacement may choose to terminate the contract if said replacement is deemed to be impossible and the stipulation concerned is deemed to be essential for these Terms and Conditions.

Any reference made in these Terms and Conditions to a repealed article or body of legislation shall be understood to refer to the equivalent provision that replaces it.

14.2. Language

These Terms and Conditions are written in English. Translations into other languages are provided as a measure of courtesy for the customer’s convenience. The customer hereby agrees that the contract shall be governed at all times by the Portuguese language version, which shall prevail in the event of discrepancy between the English and any translation of the same into another language.

15. Discount vouchers: special terms and conditions

AV72&CO may offer discount vouchers. Discount vouchers are promotional deals that partially lower the price of the product or order. The following will be considered discount vouchers: welcome vouchers, subscription vouchers, birthday vouchers and any other sort of promotion that involves the use of a discount code, whether one or several, a set amount or percentage off.

Vouchers only apply to products, not shipping fees.

There are different types of vouchers and the specific conditions for each one are explained in commercial communications between the parties (whether by email or on the website, in a specific section). In these cases, you may check the specific conditions in the text that goes with the voucher.

The conditions of each campaign will be provided along with the discount voucher.

There may be additional limitations or restrictions on the use of the discount vouchers (for example, minimum order, specific period, etc.), so we advise customers to read the specific conditions of each voucher carefully. Using or applying the voucher entails acceptance of the conditions that apply.

The general contract conditions laid out on this website apply to any discount vouchers, in addition to the specific conditions established for each voucher.

It is very important to check the terms and conditions that apply to see all the details and requirements of the voucher or deal.

Below are the general conditions for discount vouchers, which apply except when the specific conditions of any given campaign establishes otherwise:

- Customers must be of legal age (18 or older) to use the voucher.

- Discounts vouchers are personal and non-transferable.

- In general, discount vouchers cannot be used with other promotions run by the organising body, unless specified otherwise.

- Only one discount voucher may be used per order and shopping cart.

- Discount vouchers are not refundable and may not be exchanged for cash, in full or part. As a result, if one or several of the items the discount voucher was used to purchase are returned,  AV72&CO will only refund the amount the customer actually paid and the voucher may not be reused.

- If the value of the voucher is greater than the order total, the difference will not be refunded and cannot be applied to a future order.

- Discounts vouchers may be valid only for a specific selection of products.

- Vouchers are only valid for a certain period of time and will expire if not used within said time.

- Discount vouchers may not be sold, traded or acquired.

16. Complaints, claims and out-of-court dispute resolution

You can contact us by means of the contact forms in the Customer Service tab or by calling our telephone numbers, writing an email or sending a letter by postal mail to the address in the first paragraph of these Terms and Conditions to make a complaint or lodge a claim. We have official complaint forms available to consumers and users. Any complaint or claim lodged before our customer service department will be dealt with in the shortest possible time and always within the legally established period. They will also be recorded with an identification and tracking code of which you will be informed. If you consider that your rights as a consumer have been infringed you can send your complaints by email to: av72@4business.pt to request an out-of-court dispute resolution.

In accordance with Regulation (EU) 524/2013 you are hereby informed that if you have acquired a product from us through our website, you are entitled to request an online dispute resolution for consumer disputes at the official website of the European Union: http://ec.europa.eu/consumers/odr/.

17. Applicable law and jurisdiction

The relationship between AV72&CO and the user shall be governed by Portuguese law.

Any discrepancy that may arise related to the use of the Website or to interpretation or execution of the contract governed by the same shall be submitted to the non-exclusive jurisdiction of the law courts of Portugal

Nothing set forth in this clause shall affect the rights of consumers under the currently applicable legislation if the contract is entered into by a natural person.