Terms and Conditions

General Information

Ordering products on www.miss-xai.com (hereinafter Miss Xai) implies acceptance of the following Terms and Conditions of Use.

By accepting this agreement, it is declared that:

You are of legal age and have the capacity to enter into a contract.

You have read and accept the Terms and Conditions of Use.

These Terms and Conditions of Use govern the legal relationship arising from the ordering processes carried out between the Web Users-Customers of the website (Web Users) located at the URL www.miss-xai.com, owned by Rita Norte. Web Users accept the Terms and Conditions of Use from the moment they purchase a product. Miss Xai makes the e-mail address info@miss-xai.com available to them, so that they can clarify any doubts about the Terms and Conditions of Use.

The inclusion of any products on Miss Xai at a given time does not imply or guarantee that those same products will always be available. We reserve the right to discontinue any product or to cancel an order at any time. We reserve the right to periodically amend these Terms, without prior notice to the customer. The version of the Terms applicable to your order will be the one published on Miss Xai at the time the order is placed.

You understand and agree not to publish, transmit, redistribute, upload, or promote any communication or content that could harm or negatively impact our company and products; not to act in a manner, or use any device, that restricts, compromises, interferes with, or inhibits any other user from using or enjoying the Miss-Xai website, or that affects the security of the website, or use or attempt to use any engine, software, tool, agent, script, or other device or mechanism (including, among others, spiders, bots, crawlers, avatars, or intelligent agents) to browse or search the website or to copy content from the website. We reserve the right to immediately bar access to the website and close the account of any user who violates this provision or any other provision in these terms and conditions.

1. Orders/Formation of Contract:

The presentation of items in the online store does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking the "Confirm Order" button, the customer is submitting a binding order request for the items in the shopping cart. Miss Xai will accept the customer's order request by sending an order confirmation by e-mail and after receiving payment for the items.

2. Photos/Colours/Measurements:

We make every reasonable effort to ensure that the representation of the attributes of our products, including photos and colours, is as accurate as possible. The colour you see will depend on your computer system, and we cannot guarantee that your computer will display colours accurately.

3. Shipping/Postage:

Items will be shipped within two days, and an e-mail will also be sent to the customer confirming shipment of the items. The item(s) will be delivered within a maximum of 14 business days after Miss Xai sends the above-mentioned e-mails. If delivery of the items is delayed due to a situation beyond Miss Xai's control, the customer will be contacted as soon as possible, and measures will be taken to mitigate the effects of the delay. Provided Miss Xai makes its best efforts to reduce the delay, it will not be liable for the delay caused by that situation. However, in the event of a risk of significant delay, the customer may contact Miss Xai to terminate the contract and obtain a refund for any item that the customer has paid for but not received. Neither Miss Xai nor any entity subcontracted for transport purposes will be liable if it is unable to deliver the items to the address provided due to reasons noted as "no longer resides at this address" or a similar note. Shipping costs are covered by Miss Xai only for Portugal and Europe Zone 1. In the case of a return, shipping costs are the customer's responsibility.

4. Order Cancellation:

The period for exercising the right of free withdrawal expires 14 days from the date on which the customer, or a third party other than the carrier and indicated by the customer, takes physical possession of the items.

In order to exercise the right of free withdrawal, the customer must inform Miss Xai (address), e-mail: info@miss-xai.com, of their decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post or e-mail).

For the free withdrawal period to be respected, it is sufficient for the customer's communication regarding the exercise of the right of free withdrawal to be sent before the withdrawal period expires.

5. Returns:

In the event of a return of items, all payments made by the customer will be refunded; the return period will depend on the assessments carried out on the item, with a maximum duration of 15 days (counted from the item's arrival in Miss Xai's possession). Miss Xai will make these refunds using the same payment method that the customer used for the initial transaction, unless expressly agreed otherwise by the customer. Miss Xai guarantees a full refund provided that all items are returned in the same condition in which they were delivered. This means the items must not have been damaged, soiled, washed, altered, or worn (other than trying the item on) and all tags must be intact. The customer is liable for any diminished value of the items resulting from handling beyond what is necessary to establish their nature and characteristics.

6. Exception to the Right of Free Withdrawal:

The customer may not freely withdraw from contracts for the supply of items made to the customer's specifications or that are clearly personalised.

7. Payment:

The customer may pay via Stripe or bank transfer.

8. Prices:

Item prices are in EUR and include VAT at the legal rate.

9. Retention of Title:

Items remain the property of Miss Xai until paid for in full.

10. Electronic Communications:

The customer consents to communications relating to the contract being made in electronic format.

11. Warranty

Miss Xai undertakes to comply with the terms of Decree-Law 143/2001, of 26 April, which stipulates that in distance contracts the consumer has a period of 14 days to withdraw from the contract without payment of compensation and without needing to give a reason. Additionally, Miss Xai undertakes to comply with all current legislation on direct distance selling and e-commerce.

12. Personal Data:

The customer undertakes to provide Miss Xai with correct and accurate data for the purposes of purchasing and delivering items, and to keep this data up to date. Miss Xai will not be liable for any incidents that may occur in connection with the transaction (e.g., delivery to the wrong address) resulting from incorrect data provided to it.

13. Processing of Personal Data / Privacy Policy:

In compliance with Law No. 67/98 of 26 October, on the Protection of Personal Data, we inform you that the processing of personal data collected on the website www.miss-xai.com is the responsibility of the same.

The data collected on the site is intended for order processing and communication with Customers, processing requests for information and any complaints, statistical analysis, as well as its use for direct marketing purposes.

Miss Xai guarantees the confidentiality of all data provided by its customers, noting that, although Miss Xai collects and processes data securely and takes all technical measures to prevent its loss or manipulation, such collection is carried out over an open network, a fact which may allow the personal data provided to circulate and be used and viewed by unauthorised third parties, and Miss Xai shall not be liable for any resulting damages.

Miss Xai grants the Customer, at any time, the right to access, rectify, or delete their personal data, as well as the right to object to its processing, by means of a written request sent to the e-mail address.

13. Liability/Alternative Dispute Resolution:

Miss Xai is not liable for damages arising from interference or any computer interruptions that may temporarily prevent users' access, browsing, or the provision of the service. It disclaims any liability for any delay or inability to process an order, namely at the time of delivery, resulting from an error or insufficiency in the data provided by the customer at the time of registration.

Any delay in the dispatch or delivery of orders does not confer the right to any compensation.

Miss Xai is not liable for indirect losses that are a side effect of the main loss or damage, for example, loss of opportunities; or for failure to deliver items or fulfil any obligation set out in these Terms, when such failure is due to a situation beyond our control, including, among others, fire, flood, storm, riot, civil disturbance, war, nuclear accident, and terrorist activity. If there is a problem with a product you purchased from Miss Xai, and you are unable to resolve it directly with Miss Xai, you may file your complaint on the EU's online dispute resolution platform (the "ODR platform"). The ODR platform offers EU consumers and traders the opportunity to try to reach an agreement, without going to court, regarding complaints about online purchases. This single entry point is designed to be an interactive, easy-to-use website, available in all official EU languages and free of charge. By using the ODR platform, the consumer and the trader can find a resolution to the dispute and subsequently proceed with determining a solution to the trader's complaint. The platform can be accessed here.

14. Complaints Book:

https://www.livroreclamacoes.pt/inicio

15. Miss-Xai Online Store:

This website was designed to showcase the products offered by Miss Xai.

The website www.miss-xai.com is managed by:

Rita Cláudia da Silva Ferreira Norte
Tax ID (NIF): 206282834
Registered address: Rua Quinta dos Cavalos nº8, 2640-416 Mafra, Portugal

E-mail: info@miss-xai.com