Terms & Conditions
Fashion Division SA, trading under the Indagatio trademark, is a Portuguese company, registered at the Commercial Registry Office of Porto under Portuguese TIN 503931705, with registered offices at Lugar do Espido, Via Norte, Maia, Portugal, 4470-177.
This document governs the terms and conditions of the use of this website and the agreement between Indagatio (the Trader) and the User. These terms and conditions contain the rights and obligations of all Users and of Indagatio regarding the goods/services offered on this website or on any other website to which there is a hyperlink. These terms and conditions may be altered, for which you are advised to read them before placing any order. If you do not agree with these terms and conditions in full, you shall abstain from placing any order.
In order to place any order, Users must follow the online purchase process. Users should bear in mind that does not mean the order was accepted. The order constitutes merely a purchase proposal for one or more of our products. Any order is subject to Indagatio’s respective acceptance, which shall always be confirmed by sending the User an email communicating the order reception (Order Confirmation) followed by another email communicating the product(s) shipment. If the order is not accepted after any user account has been debited, the respective amount shall be returned in full.
The purchase and sale agreement between the Trader and the user (Contract) is only finalized with the Shipping Confirmation communication. The Contract only covers the products mentioned in the Shipping Confirmation. The Trader is under no obligation to supply any other products that may be contained in the order until the shipping is covered in another Shipping Confirmation.
Refusing an order
Indagatio is not liable towards the User or any third party for the removal of any product shown on this website, for the alteration or elimination of any materials or content on this website or for any refusal to conclude the processing or acceptance of any order that has had the Order Confirmation sent.
Right of termination
Any User who contracts as a consumer can freely terminate the Contract within 14 days as of the date of product delivery. In this case, the User shall be fully refunded for the amount paid, in accordance with the provisions set in Return Conditions (See Returns & Exchanges).
Prices and payment
The prices shown on this website include VAT (when applicable), but do not include delivery costs, which are added to the final price. Except in the case of an obvious mistake, the price of the products is as shown at any time on our website. Even though Indagatio strives to ensure that all the prices shown on the website are correct, mistakes can happen. If Indagatio finds the price of a product in an order is wrong, Indagatio will inform the User as soon as possible, giving the possibility to either reconfirm the order at the correct price, or cancel it. If the User cannot be contacted, the order is considered to have been cancelled and the User is refunded the total amount of the order in case it has already been paid. Indagatio has no obligation to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been sent, if the mistake was obvious, unequivocal and should have been noticed by the User under reasonable circumstances. Indagatio reserves the right to refuse orders of a large size or amount. All prices and available quantities can be altered at any time but, except as mentioned above, this alteration does not affect orders for which a Shipping Confirmation has already been.
The User can pay the amount of its order by opting for any of the following forms (to be chosen during the order completion process): Credit or debit card, Multibanco Reference, MBWay and Paypal.
All operations involving the transmission of personal or banking data are made using a secure environment, a server based on the standard security technology SSL (Secure sockets Layer), and all information shared is encrypted. When you pay with Visa or MasterCard you will always be asked for the following information: card number, validity date, 3-digit security code (on the back of the card) and the name associated with the card. The order is processed and shipped after the details have been sent to the bank and validated. The Card Verification Value (CVV), Card Verification Code (CVC) or Card Identification Code (CID) is a 3-digit number in the VISA®, Mastercard® and Discover®. In the case of American Express cards is a 4 digit number. The use of these numbers allows the online store to assure an increased level of security in your transaction. The details of your order and your card are sent encrypted to the bank on the order date using the highest security standard stipulated by the PCI (Payment Card Industry) the job of which is to protect the details of cardholders on web applications. All details are encrypted (SSL protocol). When the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the holder may require the immediate annulment of the charge. However, if the purchase was actually made by the cardholder and the requirement for repayment was not a consequence of exercising the right of withdrawal or resolution and therefore improperly demanded the annulment of the Corresponding charge, the person will be obliged against Indagatio to compensate for damages caused as a result of such annulment.
To pay using PayPal you must have or create a PayPal account. If you choose this method, you are directed to the PayPal page where you can login or create an account to confirm the payment. By confirming the payment, your order is registered and ready to be processed and shipped.
Indagatio secures shipments to the following list of countries:
- Czech Republic
- The USA
Indagatio charges €5.00 in shipping per order to Europe for orders below € 99.00 and € 15.00 for orders to the U.S.A. but retains the ability to temporally (partially or fully) reduce this cost as a promotional effort to reward its Users – still, effective shipping cost will be clearly visible, namely at order checkout. Shipping costs include transportation, insurance and customs clearance at source. The recipient shall be responsible for all import and tax expenses generated by the Customs office of destination, whether or not he is given the goods.
Indagatio will try its best so that the shipment of the order is made in the shortest possible time, but the receiver must take into account the provisions of the country of destination for the import of the requested articles, since Indagatio has no responsibility for the Same. The effects of strikes, war conflicts or other circumstances beyond their control are not attributable to Indagatio.
Delivery of the order
Once the shipping confirmation is sent, the product will be delivered in the address indicated by the user when ordering within the approximate period of up to six (6) working days after leaving the warehouse of Indagatio. Indagatio assumes no responsibility when the delivery of the product is not made as a result of false, inaccurate or incomplete data provided by the User or when the delivery cannot be carried out for reasons beyond the control of the shipping company, such as the absence of the user upon delivery or the withholding of the product in customs. In case of doubt the User should always contact Indagatio at firstname.lastname@example.org to receive further details and instructions.
Returning defective products
If the User believes, upon delivery, that the product received is not in accordance with the Contract, the User shall contact Indagatio at email@example.com, informing on the condition of the product and respective defects and expect to receive further directions from Indagatio. Indagatio shall inspect the returned products and inform the User of the right to a replacement or a refund (if that is the case) by email in a reasonable period of time. The analysis of the defective product and corresponding refund (if applicable) shall occur as soon as possible, within the legally established deadline of 30 days. Products returned by Users because of a defect, if confirmed, are refunded for the total amount paid, including shipping fees and return expenses. The refund of any amount paid is always done using the same method used in the purchase of the product. These dispositions do not prejudice any of the User's rights under the law.
Liability and exclusions
As of the moment of delivery, all risks pertaining to the products provided shall be incurred by the User. Ownership of the supplied products shall only be transmitted to the User when Indagatio receives full payment of the amounts owed for supplying the product, including delivery costs or after the delivery, depending on which happens last. Indagatio's liability regarding any product acquired through this website is exclusively limited to the respective acquisition price. Moreover, the User is solely responsible for any liabilities, customs fees and procedures, or limitations to the purchase of specific goods arising from the User’s country of residence legal frameworks and codes of conduct.
These Terms and Conditions and any document here mentioned constitute the integral agreement established between the parties regarding the creation of a Contract and prevail over any written or oral previous agreement or understanding. Both parties recognize that by entering into the Contract, neither of them based the respective decision on a declaration, commitment or promise made by the other one, or that could be considered implicit in something that had been said or written in negotiations between the parties prior to entering into the Contract, except when the contrary results from these Terms and Conditions. Neither party can avail themselves of the fact that the other issued an untrue oral or written statement prior to entering into a Contract (unless that statement was made fraudulently) and can only draw upon the breach of contract that results from these Terms and Conditions.
Changes to the terms of service by vendor/law and applicable court
The purchase and sale Contracts of products through this website are governed by Portuguese law. Any litigation arising or related to these Contracts is subject to the non-exclusive jurisdiction of Portuguese courts. The provision on this clause does not prevail over any of the User’s legal rights as consumer.