Terms & Conditions
Previous Statement
Please read this document carefully before ordering any products from our site. You should understand that by ordering any of our product on our website, you agree to be bound by these terms and conditions.
Poetic Tribes is a registered trademark, property of Poetrydrops Unipessoal Lda. Its object is to market retailed products in shops online and is therefore in charge of the sale, back-office activities as well as managing Poetic Tribes Website, as well as related activities such as promoting its Website and promoting the products sold. The products marketed are exclusive design subject to intellectual property.
Poetrydrops Unipessoal Lda has its head office in Portugal, Alameda das linhas de torres, 152, escritorio 8, 1750-149 Lisboa
registered under fiscal number 514 894 679.
These General Terms and Conditions of Sale are intended to define the rules applied in the context of the sale of products branded Poetic Tribes (hereinafter “the Product(s)”),
Between
Poetrydrops Unipessoal Lda (hereinafter referred to as “the Company”),
And
Any natural person of full age, not a trader, having the legal capacity to contract, exclusively domiciled in the countries delivered by Poetrydrops (hereinafter referred to as “the Customer”) making a Product purchase on the Website.
For the purposes hereof, it is agreed that the Customer and the Company shall be collectively referred to as the “Parties” and individually referred to as the “Party”.
These general conditions (hereinafter referred to as the “General Terms and Conditions of Sale”) govern without restriction the sales of Products made by the Company from the Website.
Poetrydrops reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Website. The applicable General Terms and Conditions of Sale are those in force on the Website on the date of placing the order by the Customer; it being specified that any order of a Product offered on the Website implies the full and complete adherence of the Customer to the General Terms and Conditions of Sale in force at the time of placing his order.
Article 1
The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Products are marketed by the Company to the Customer. They thus regulate the various stages of the sale: from Customer’s order to the Product’s delivery to the Customer.
Article 2
The Product(s) offered for sale by the Company are those appearing on the Website on the day the Customer navigates on the Website.. Each product will be subject of a descriptive sheet which, in addition to the photographs, will contain: the price, the sizes and colours available, the composition, as well as the particular characteristics. Minimal differences between a product and its photograph may exist, depending in particular on the resolution and colour definition of the user’s screen.
Poetrydrops undertakes to deliver Product(s) that comply with current regulations relating to the safety and health of persons in accordance with European Laws.
Article 3
Prices are indicated in euros, all taxes included, excluding delivery costs. The value added tax is the one applied in Portugal on the day of the validation of the order.
The prices applied are those communicated on the Website and confirmed to the Customer at the time of the order’s validation.
Delivery costs are mentioned on the summary of the order, before validation of the latter. These are all taxes included and are borne by the Customer. These are invoiced in addition to the selling price of the Product(s).
The transfer of the risks of loss and deterioration of the Products shall be carried out after delivery and receipt of the Products by the Customer.
Poetrydrops reserve the right to change its prices at any time but undertake to apply the prices indicated on the Website at the time of your order.
Poetrydrops inform you that in the event of the display of an erroneous, obviously derisory price (vile price), for any reason whatsoever (computer bug, manual error, technical error…), the order – even validated by us – will be cancelled, which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and exact price.
Article 4
4.1 Placing an order
When placing an order, the Customer will complete different steps.
Step 1: the Customer selects the Product(s) and adds it (them) to his basket after having selected the size desired. The Customer click on “add to cart”.
The Customer can view his cart at any time.
The cart located at the top right of the screen informs the Customer that he has taken into account the selections by indicating the number of Products it contains.
Step 2: the Customer checks the contents of his basket by clicking on “View cart” to have access to the summary of his order.
The total amount including VAT of the order, distinguishing on the one hand the price due for the Product(s), and on the other hand the delivery costs, is then indicated in the summary.
To calculate the delivery costs, the Customer must choose the country destination by choosing the right country under “Change Address”.
If the Customer has a special offer coupon, he must digit the coupon code.
Step 3: Once the order has been verified and, if necessary, modified, the Customer validates his basket in order to finalize his order by clicking on “Check out”.
Step 4: Entry by the Customer of the delivery and invoicing details
Apart from the additional address and delivery information, all fields are necessary for the finalization of the order; it being specified that unless otherwise specified by the Customer, the billing address will automatically be the same as the delivery address.
The Customer must then checks all the informations and clicks on “Proceed to checkout” to continue his order.
Step 5: Entering billing and shipping details
The Customer will then access a form. The details marked with an asterisk (*) are mandatory.
If not specified, the billing address is supposed to be the same as the shipping address unless the Customer check “ship to a different address”.
If so, the Customer must fill in the form in order to give the shipping address
Step 6: Payment
Payment is made online via Stripe as specified in article 4.3 below. Stripe offers the customer the possibility to pay with visa, American Express or MasterCard.
Whenever the customer uses Stripe, there is no need to create an account on these payment infrastructures.
Before proceeding the payment, the Customer must confirmed the terms and conditions have been red by the Customer.
If payment is accepted, the Customer will be redirected to an order confirmation screen on the Website.
In case of payment failure, the order will not be finalized.
4.2 Confirmation of the order
As soon as the Customer’s payment has been accepted, the Customer will receive an e-mail confirming his order, summarizing all the items ordered, the invoicing and delivery address as well as the delivery schedule.
The validation of the order by the Customer and the confirmation of the order sent to the Customer by email by us following acceptance of payment shall constitute the conclusion of a sales contract between the Parties as well as the acceptance of the General Terms and Conditions of Sale.
Poetrydrop reserves the right not to validate the order in case of:
- abnormal or abusive claims,
- orders that are abnormal in relation to the quantities ordered,
- abnormal or abusive exchanges and returns,
- existing dispute(s) with the Customer.
The Consumer has the right to cancel the contract, without justification, within fourteen (14) calendar days after he received the product(s). To cancel a Contract, the Customer must inform Poetrydrops by sending an email to the Customer Service at [email protected].
The Product(s) must be returned immediately with its label and flyer, in perfect condition, at the Customer’s own cost and risk. The Customer has a legal obligation to take reasonable care of the Products while in possession of the Customer. If the Customer fails to comply with this obligation, Poetrydrops has a right of action against the Customer for compensation.The procedure to return the product(s) is explained below (Article 7 • Exchange – Returns).
The Customer Service of the Website is at the disposal of the Customer for any questions relating to his order. The Customer Service is available by email at the following address [email protected]. The Customer Service will answer the latest within 2 working days.
4.3 Payment
The Product(s) purchased is (are) fully payable the day the Customer places its order.
Payment is made online via stripe at the time the Customer validates the order. All information exchanged to process the payment is done through Stripe. Any problem related to the payment should be reported by the Customer to Stripe.
In case of an incorrect address or any other problem related to the Customer’s account informations, Poertydrops has the right to block the Customer’s order until the problem is solved.
Poetrydrops uses all necessary means to ensure the confidentiality and security of all data transmitted on the Website as specified in our Privacy Policy.
4.4 Archiving the order
The order confirmation is recorded in Poetrydrops’ records, which are stored on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relationship between the Parties.
Article 5 • Delivery
Poetrydrops will deliver orders in one a maximum of two (2) to Portugal and Europe, within a maximum of four (5) workingdays for delivery to any other destination, from the shipping day.
Any order placed on the Website from Monday to Friday before 2pm will be processed the same day; after 2pm, it will be processed the following day. Any order placed on Friday after 2pm, Saturday and Sunday will be processed on the following Monday; it being specified that orders placed on a public holiday will be processed on the following working day.
In the event of exceeding the delivery time, not justified by a case of force majeure, the Customer may request the cancellation of the sale and obtain within a maximum period of thirty (30) days the refund of the sums paid at the time of the sale.
For orders outside Portugal, when the package intended for export arrives at destination, it will be the responsibility of the recipient to pay the taxes or customs duties that apply to the country of destination. Local authorities can provide you with useful information.
Article 6 • Receipt of the order & Complaints
The Customer is required to check the conformity of the Products received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as missing products, deteriorated products, products not in conformity with the order.must be notified within the legal deadlines following receipt of the order. This notification will be sent to the Website’s Customer Service either by email to [email protected].
After this period, and unless there is a hidden defect, no claim will be accepted by Poetrydrops, as the Products are then deemed to be in conformity.
For any return of a non-conforming Product, the Customer must comply with the following procedure:
- the Customer must attach to his package the return form previously completed and printed using the return form sent by the Customer Service on request by the Customer through the Website. No return will be accepted without the said duly completed return form. This form is available as mentioned in our exchange policy.
- the Products must be returned in their original packaging with the label and any accessories allowing them to be re-marketed, to the following address:
When the non-conformity has been detected, Poetrydrops will offer the Customer to send the same product at the latest within fifteen (15) days from the day the Customer received Poetrydrops’ confirmation of the non-conformity.
In the event of abnormal or abusive complaints or returns, Poetrydrops may refuse to serve a subsequent order.
In case the Customer invoked the right of withdrawal, Poetrydrops will refund the Customer, the price of the product(s) and its delivery costs, within thirty (30) working days from the day the Customer received Poetrydrops email confirming the Product(s) receipt.
Article 7 • Exchange – Returns
The Product(s) is eligible for exchange only regarding the size or color. It is not possible to exchange for another product or a product with a different price.
The Customer has up to fourteen (14) days after delivery to return or exchange the product(s). The product(s) should be in perfect state, and in its original packaging with all accessories among which the label and the flyer.
To return the product(s), the Customer must access to the Customer Account and proceed as mentioned below:
- Go to « My account»
- Click on « Orders», select the order and and then “View”
- On the page, select the product(s) to return then go down and click on « Refund my entire order »
- Fill in the reason(s) for returning the products and click on « Submit »
- The request is registered and the status can be seen in « My refund requests»
- You wil receive an e-mail confirming that your requested has been successfully submitted.
The Product(s) must be returned to the following address:
The costs of returning the Products are the responsibility of the Customer. The return is at the risk of the Customer, who is free to choose the shipping method.
Poetrydrops suggests that the Customer return his products by means of a follow-up shipment with additional insurance, guaranteeing him, if necessary, compensation for the products up to their actual market value in the event of spoliation or loss of this merchandise.
The returns costs are at your own expense.
The costs of returning the Products are the responsibility of the Customer. The return is at the risk of the Customer, who is free to choose the shipping method.
Poetrydrops suggests that the Customer return his products by means of a follow-up shipment with additional insurance, guaranteeing him, if necessary, compensation for the products up to their actual market value in the event of spoliation or loss of this merchandise.
Please note that items purchased on sale or at a discounted price are not eligible for return or exchange. All sales on such items are final.
Article 8 • Personal Data
The Product(s) is eligible for exchange only regarding the size or color. It is not possible to
exchange for another product or a product with a different price.
The Customer has up to fourteen (14) days after delivery to return or exchange the
product(s). The product(s) should be in perfect state, and in its original packaging with all
accessories among which the label.
To return the product(s), the Customer must access to the Customer Account and proceed
as mentioned below:
- Go to « Review and details of my orders »
- Click on « Details » of the corresponding order
- On the page, select the product(s) to return (by checking the boxes on the left) then
go down and click on « Generate a return »
- Check the reason (too big, too small, color, fit, defectuous)
- Click again on « Generate a return »
- The request is registered and the status can be seen in « My returns of goods »
The Customer Service will sent to you a return label by email within one (1) working day.
This return label must be attached on your package.
Once the package is received and validated, Poetrydrops will offer the Customer to send
the product(s) with the right size or color at the latest within fifteen (15) days.
In case of withdraw from the contract, the Customer will be refund within two (2) weeks
(except transport fees) on the account used for purchase.
WARNING: No exchange are possible from countries outside Europe.
Poetrydrops collects a certain amount of information necessary to process orders.
This data is not only necessary for the processing of the Customer’s order by Poetrydrops but also to communicate to the Customer informations about the brand “Poetic Tribes”, on the Website or to make him benefit from commercial offers “Poetic Tribes”; if the Customer accepts it by validating his order.
The information is strictly confidential and is indicated by an asterisk (*) when necessary for Poetrydrops, and/or its Service providers, as part of the Customer’s order management.
Following any injunction from the legal authorities or in order to defend its rights or those of its employees, Customers or any other person, Poetrydrops may communicate this data to the legally authorised bodies and authorities.
Poetrydrops takes all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer’s personal information from being distorted, damaged or accessed by unauthorised third parties.
In accordance with the European Laws, the Customer has the right to access, rectify, modify and delete all personal data.
The Customer can also modify his personal details from his Customer area by identifying himself using his e-mail address and password.
Article 9 • Cookies
In order to process the Customer’s order, and in order to better understand his needs and personalize the Services offered on the Website, Poetrydrops uses cookies. The cookie is a computer file, stored on the hard disk of the Customer’s computer, which is used to report his or her visit to the Website.
Cookies memorize the time the Customer visits the Website, his identity (known by his email address and password) and the contents of his basket.
The Customer may oppose the recording of cookies by configuring his Internet browser. He then loses any personalization of the Service offered to him on the Website.
More information is available in our Privacy Policy.
Article 10 • Limitation of liability
Placing an order on the Website implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, information requests or transfers, risks of interruption, risks of
contamination by viruses circulating on the network and, in general, all risks related to the use of the Internet network.
Poetrydrops shall therefore in no event be held liable for any direct or indirect damage resulting from misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, the Customer’s connection to the Website being under its sole responsibility.
Article 11 • Force Majeure
Poetrydrops shall not be liable for the total or partial non-fulfilment of its obligations under the order placed by the Customer, if such non-fulfilment is caused by an event constituting a case of force majeure as defined by positive law.
A Force Majeure Event includes any act, event, non happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lockouts or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
In such a case, Poetrydrops will inform the Customer of the occurrence of such an event within three (3) clear days of its occurrence, by email.
After a period of one (1) month, and in the event that the event constituting a case of force majeure persists, the order will be cancelled and will, if necessary, be refunded within a maximum period of thirty (30) days.
Article 12 • Written Communications
Applicable laws require that some of the information or communications the Company send to the Customer should be in writing. When using Poetic Tribes’ Website, the Customer accept that communication will be mainly electronic. Poetrydrops contacts the Customer by email or provides the Customer with information by posting notices on Poetic Tribes’ Website.
For contractual purposes, the Customer agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications provided by the Company electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Customer’s statutory rights.
Article 13 • Online Dispute Resolution
Any complaints can be send by e-mail to our Customer Service at [email protected].
If not wishing to resolve any dispute with Poetrydrops, the Customer can contact one of the following:
Centro de Arbitragem de Conflitos de Consumo de Lisboa
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Centro de Informação de Consumo e Arbitragem do Porto
Plataforma Europeia de Resolução Litígios Online
Article 14 • Electronic Complaint Book
The Customer can use (but he won’t need) the Electronic Complaints Book to file a complaint – go here.
Article 15 • Applicable law
If any of the terms of these General Terms and Conditions of Sale are found to be null and void, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.
The General Terms and Conditions of Sale are executed and interpreted in accordance with Portuguese law.
In the event of disputes, the Customer first addressed Poetrydrops to obtain an amicable solution and in the absence of an agreement, the ordinary courts will be the only competent courts.