Terms and conditions

INFORMATION ABOUT ANA SOUSA ONLINE STORE CONTENT

The website www.temperaturaanasousa.com is intended for private use only, so the reproduction, transfer, distribution or storage of the contents of ANA SOUSA online store, without prior written authorization, is prohibited for any purpose other than strictly personal use.

The introduction of links to our website for commercial purposes without prior authorization from MJJS is expressly prohibited, as well as the use of the domain www.temperaturaanasousa.com for abusive purposes will be subject to recourse to the competent legal means by MJJS.

If you find links that allow you to access www.temperaturaanasousa.com on other sites or references to the ANA SOUSA online store, we inform you that MJJS has no responsibility for the links or pages, nor for the contents in them. 

We are strongly committed to ensuring that the information presented on www.temperaturaanasousa.com is free from typographical errors and we will correct them as soon as possible, whenever they occur. 

All contractual information is written in Portuguese, as well as the information on the articles, e-mail communications and formalization of the sale, with the exception of expressions very specific to the fashion universe.

ONLINE ORDER PLACEMENT

To place an order at www.temperaturaanasousa.com, the User must have a valid and frequently used e-mail account and register as an ANA SOUSA customer, filling in the form available online. Once registered, simply insert into the virtual shopping cart all the products that the Final Consumer intends to purchase, following all the steps of the purchase so that it is successfully completed.

Placing an order at www.temperaturaanasousa.com is very easy:

- Browse through the pages of the ANA SOUSA online store and find the product(s) you want to purchase.

- Add your favorite products to the Shopping Cart using the Add to cart button.

- When you have already chosen all the pieces you want to purchase, complete the purchase by clicking on Finish.

- Then, fill in your personal data in a very simple form (pay attention when filling in the address).

- Then select the payment method.

- Review your order.

- Proceed with the payment, confirming the order.

- Finally, you will receive an order confirmation via email.

- By selecting the Exit button, at the end of the purchase process, your order is confirmed and you will only have to wait for the days foreseen for the parts to be sent by post. 

As soon as you complete your purchase, you will receive an automatic email confirming the transaction. We suggest that you print or download this copy for future reference. If the data is not correct, you can immediately request its change or even the cancellation of the purchase made. 

In case of non-confirmation of payment or failure to comply with these General Terms and Conditions of Sale, MJJS reserves the right not to accept your order or to cancel it in whole or in part, even after automatic confirmation of the order.

PRODUCT AVAILABILITY AND ORDER CONFIRMATION/CANCELLATION

MJJS only processes an order placed by a customer after confirmation of the respective payment, so it cannot guarantee the availability of the articles until the beginning of said processing.

MJJS only processes an order placed by a customer after confirmation of the respective payment, so it cannot guarantee the availability of the articles until the beginning of the said processing.

In the order confirmation, you will find the estimated date for dispatch of the products, after confirmation of payment. Naturally, the estimated time for dispatch can vary depending on the carrier and destination of your order.

MJJS only dispatches orders on working days. Therefore, to estimate the delivery time of orders, weekends and holidays are not taken into account. Any delay in the dispatch of items, in view of the estimated dates presented, does not confer the right to compensation.

The satisfaction of all orders placed on the site is subject to product availability. MJJS tries to ensure that all items offered for sale on the site are in stock. However, MJJS reserves the right not to accept any orders or cancel orders already confirmed for products that are no longer in stock. In case of product unavailability and/or out of stock, MJJS will immediately inform the Final Consumer of the partial or total cancellation of their order, and the buyer is entitled to a refund of the amount paid.

ORDER CONFIRMATION OR CANCELLATION

MJJS may not validate the order that does not have sufficient guarantee of good payment, when the order is incomplete or incorrect, or when the ordered products are no longer available. In any of the previously referred cases, MJJS will inform the Final Consumer via email that the sales contract has not been concluded and that MJJS will not proceeded with the sale, specifying the reasons for doing so.

If the products ordered on www.temperaturaanasousa.com are no longer available at the time of your last access to the website, despite having obtained order confirmation, or when MJJS receives your order, the Seller will immediately inform the User (a) on their unavailability, never exceeding the period of 30 days after receipt of the request.

If an order has been placed, and the corresponding payment, for products that have become unavailable, MJJS will refund the money paid for the unavailable items.

MJJS reserves the right to refuse any order, regardless of the reason and is exempt from liability for any damages or costs, as well as reserves the right to cancel any purchase even if it has already been accepted or confirmed by MJJS, namely in the following situations:

- The information on the invoice is not correct or verifiable;

- The order is flagged by the site's Security Systems as an incorrect/ irregular order, or an order susceptible to fraud;

- When the transfer of payment for the order was not received within a period of 2 working days following the acceptance of your order;

- When it is not possible to deliver the order to the address provided by the User;

- If it is considered that the Buyer does not have the capacity to perform that act.

- If it is found that there was an error in the presentation of the price of the product(s);

- If the order is assumed to come from a reseller.

PAYMENT TERMS AND SECURITY GUARANTEES

The available payment methods will be presented at www.temperaturaanasousa.com. We do not accept any other payment method other than those mentioned.

You can pay for your products using your usual credit and debit cards, through the Redunicre payment system, or using your personal PayPal account. You can also pay your order through ATM, and you will be provided with all the necessary instructions for this payment method (entity/reference/total amount).

For payments using credit or debit cards, all details (such as card number, expiration date or security code) will be sent by the Encrypted Protocol to the company that provides the remote electronic payment services, Redunicre, without third parties having access to the transmitted information. This information will not be used by MJJS, except to carry out the operations necessary for purchase or refund, in case of a return in accordance with the exercise of the right of return, or for reporting fraud cases to the police.

If the Final Consumer chooses to pay by ATM, we will only start processing the order after we have received the payment. Therefore, in this method of payment, we advise you to go to an ATM Machine as soon as possible so that you receive your order as soon as possible. Once 2 days have already passed after placing the order, and if we have not received any payment, the order will be cancelled.

The purchase price of the products and the transport costs, as indicated in the order form, will be charged to the current account when the purchased products are actually shipped.

We encourage you not to attempt payment by any other means not specified at www.temperaturaanasousa.com. If you try to do so, MJJS cannot be held responsible for the loss of payment or any other damages that may arise therefrom.

SECURITY OF THE ANA SOUSA ONLINE STORE AND OF ALL TRANSACTIONS

The ANA SOUSA online store uses the latest and most robust security technologies available for encryption platforms. All payment information you provide will be encrypted, from the initial moment of your transaction, until the moment the order is processed, and will not be stored on any public server.

Although we use highly advanced encryption software, any payment transmitted over the Internet or via e-mail runs some risks, when the User does not take the necessary precautions and does not assume the proper conduct of responsibility.

MJJS cannot be held responsible for any damage suffered as a result of the use of electronic means of communication, in particular damages resulting from failures or delays in the delivery of electronic communications, from interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.

PRICES

The prices of the products displayed on the website www.temperaturaanasousa.com contain/include Value Added Tax (VAT).

The total price specified in the final menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future use. Please transfer only the exact amount specified in the order confirmation and make individual transfers per order.

Shipping charges are calculated per order, the exact price of the shipping charge will depend on the country where your order will be delivered.

Prices are all listed in Euros and any change in the country of delivery of the order may have an influence on prices due to transport costs.

CUSTOMER SERVICES

For additional information or to clarify any doubts, you can contact ANA SOUSA via email info@anasousa.com or by phone +351 253 839 202, from Monday to Friday, from 9:00 am to 6:00 pm.

PURPOSE AND SCOPE OF APPLICATION 

These General Terms and Conditions of Sale exclusively regulate the purchase and sale carried out in the ANA SOUSA online store, between the Final Consumer as buyer and MJJS as seller, and apply to all visitors to the website www.temperaturaanasousa.com, as well as any transaction of a commercial nature carried out through this online store.

Navigation on the site, as well as the purchase of any product at www.temperaturaanasousa.com, implies acceptance of these general conditions of use and contracting.

MJJS sells all the products of the ANA SOUSA collection and will be the entity responsible for selling items from the mentioned brand on the website www.temperaturaanasousa.com, and all e-commerce services are only available to end consumers.

End Consumer, User or Buyer is considered to be any person who acts/buys with a purely personal purpose, outside their business or profession, therefore, without any desire to resell the items they purchase at the ANA SOUSA online store.

MJJS reserves the right to change these conditions of use and contracting, without prior notice, as well as to modify at any time the information and commercial offer presented on products, prices, promotions, commercial conditions and services, and any change will be always published on the website www.temperaturaanasousa.com.

MJJS reserves the right not to process any order received from users who are not Final Consumers or those that do not comply with MJJS's general sales conditions. 

The final Consumer must provide MJJS, as the seller, an email or postal address, or data relating to another form of contact, which is correct and complete and accepts that MJJS can contact you using this data, if we think it’s appropriate.

QUALITY AND GUARANTEE

MJJS will only sell high quality items on www.temperaturaanasousa.com and will never sell second-hand, defective or inferior quality products to existing market standards.

The products offered for sale at www.temperaturaanasousa.com may not exactly match the actual clothing in terms of image displayed and colors, especially due to the internet browser and monitor used.

PROMOTIONS’ VALIDITY OR COMMERCIAL CAMPAIGNS

Promotional offers or commercial campaigns published on the website www.temperaturaanasousa.com are valid only for the time they are displayed on the website and in accordance with the established conditions, unless other information is communicated on the website.

In the case of returning or exchanging items purchased within the scope of commercial campaigns or promotions, you will be credited or delivered only the amount you actually spent on the purchase of the part you intend to return or exchange.

The return conditions for orders placed during campaigns/promotions can be changed, being mentioned in a menu created specifically for this purpose.

CONDITIONS APPLICABLE TO PROMOTIONAL CODES (DISCOUNTS) 

When used in accordance with the established rules, a promotion code allows the user to enjoy a promotion/discount for the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code/promotional campaign.

Promotional codes are personal and non-transferable and can only be used for online purchases made on the site. The sale, exchange or donation of a promotional code is not permitted. The customer with the promotional code may not upload or make available a promotional code on any website or other public form of offer, donation, sale or exchange. The use of promotional codes for commercial purposes is not allowed.

The use of a promotional code is only subject to one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.

Promotional codes cannot be exchanged for cash and will not be reissued or refunded.

Without prejudice to any other rights, MJJS reserves the right to immediately invalidate the promotional code issued if it suspects that a promotional code is being used in violation of the aforementioned assumptions.

COMERCIAL POLITICS

In case the information presented does not correspond to the characteristics of the product, the Customer has the right to terminate the purchase and sale contract under the applicable legal terms.

The photos presented on the website are for illustrative purposes only. Therefore, we recommend that you take a long look at the product detail for better information about the respective characteristics of the items you want to purchase.

Product prices and specifications are subject to change without notice. Despite ANA SOUSA's extreme attention to keeping all information up to date, some products may contain an incorrect price, so we will check prices whenever we process orders. If the product price is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the Final Consumer by email and await his decision to accept the new proposal or cancel the order.

The product catalog of the ANA SOUSA online store is independent of the physical stores, both in terms of price and in terms of the products presented and quantities in stock. All promotional campaigns have a limited stock and are exclusive to the ANA SOUSA online store.

The validation of the purchase order assumes that the Buyer is aware of and accepts the General Conditions and Terms of Sale of the website www.temperaturaanasousa.com.

All data registered by MJJS constitute proof of the set of transactions carried out between the Seller and the Final Consumer, and MJJS is responsible for filing the electronic document in which the contract is formalized, being obliged to keep it accessible.

OBLIGATIONS OF CUSTOMERS AND USERS 

Any visitor to the website www.temperaturaanasousa.com is obliged to fulfill and respect these general conditions, observing the following obligations:

- It is prohibited to introduce, store or disseminate through the ANA SOUSA website defamatory, obscene, insulting, xenophobic and/or any other content that violates general principles of law and public order;

- Save, and not disclose, your password for entering the site in order to prevent third parties from accessing your account and personal data;

- Do not use false identities;

- Grant your personal data and correct addresses so that MJJS can properly process orders; 

The Final Consumer is the only one responsible for the veracity of the personal data communicated to MJJS and undertakes to immediately insert and inform any changes through their registration account at www.temperaturaanasousa.com.

MJJS disclaims any responsibility for any delay or impossibility of processing the order resulting from an error or insufficiency of the data communicated by the Final Consumer, in particular at the delivery time.

RESPONSIBILITY 

MJJS will only be responsible for damages suffered by the Buyer in the event that such damages result from breaches attributable to the contractual obligations of MJJS towards the Final Consumer, or in case the liability arises from the legal right applicable.

If the Buyer has suffered damages related to the activity of the website, the responsible of MJJS will be limited to damages to ANA SOUSA products and to reasonable and verifiable costs incurred by the Buyer as a result of the violation by MJJS of these General Terms and Conditions of Sale. 

MJJS cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. MJJS cannot be held responsible for damages suffered by the Buyer as a result of improper use of our products. 

MJJS is not responsible for damages that result from incorrect information on the site.

All products marketed by MJJS comply with Portuguese and Community legislation. 

MJJS declines any responsibility in case of violation of the legislation of the country where the order is delivered. It is the responsibility of the Final Consumer to check with the local authorities the conditions of import or use of the products they intends to order.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All texts, comments, works, illustrations, works and images reproduced or represented on the website www.temperaturaanasousa.com are strictly reserved under the terms of copyright as well as intellectual property rights, for the whole world.

Accordingly, and under the terms of the Intellectual Property Code, the use of information for private purposes is only authorized, subject to contrary provisions, including more restrictive provisions contained in said code.

Any reproduction or representation, in whole or in part, of the website www.temperaturaanasousa.com and elements included is strictly prohibited.

The corporate names, brands and distinctive signs reproduced on the website www.temperaturaanasousa.com are protected under the legal provisions applicable to industrial property. The reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorization from the owner of the ANA SOUSA trademark.

If the User intends to use information or materials from the site, they need to obtain a prior written authorization granted by MJJS.

APPLICABLE LAW

The present Conditions and General Terms of Sale and all emerging disputes that are related to these general conditions, including their validity, the use of the website www.temperaturaanasousa.com or any purchase therein shall be governed by Portuguese law.

In the event of a dispute regarding the interpretation or execution of these General Terms and Conditions of Sale, MJJS and the Buyer have to obtain an amicable solution, which is fair and adequate, within the maximum period within 60 (sixty) days from the receipt of the communication addressed for this purpose by any of the parties involved.

In the event of a consumer dispute, the consumer can use the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr. For more information about the platform, see http://cec.consumidor.pt/topicos1/resolucao-de-conflitos-/resolucao-de-conflitos-em-linha. To find out about the registered Alternative Dispute Resolution entities, consult the Consumer Portal at www.consumidor.pt. 

In the absence of an amicable solution, under the terms of the previous number, and in case of non-compliance with these General Terms and Conditions of Sale, both parties establish the Barcelos Civil Court as the competent jurisdiction, with express waiver of any other.

CHANGE IN THE CONDITIONS AND GENERAL TERMS OF SALE OF THE ONLINE STORE ANA SOUSA

MJJS has the right to change these General Terms and Conditions of Sale at any time. The Buyer is subject to the principles and terms in force on the date of his order, unless the law or competent authority imposes any change.

ANA SOUSA recognizes the importance of protecting the personal data of its customers and of all those who visit the website www.temperaturaanasousa.com, and therefore has developed a behavioral security standard that meets all the requirements of the General Data Protection Regulation. To consult our Privacy Policy, please click here.

If you have any doubts about how we handle and protect your data, please contact us via email: dataprivacy@anasousa.com.

RESERVATION OF OWNERSHIP OF MARKETED PRODUCTS

MJJS retains ownership of the company's products until it has received full payment for all such products.

HIGH FASHION ATELIER PRODUCTS

The products sold on the High Fashion Atelier menu are online exclusive products and will only be produced after presenting a budget to the Final Consumer, and after this budget being accepted.

The products ordered will be exactly the same as those shown in the photos available in the menu of the ANA SOUSA High Fashion Atelier and will be produced according to the measurements of the consumer's body structure, within a maximum period of 15 working days after confirmation of your order. We consider your order confirmed through the formal acceptance of the respective budget.

After the initial formalization of your request, by filling in the Agenda Form, a date will be set to go to the nearest ANA SOUSA store. At this meeting, one of our fashion consultants will check and note the User's body measurements, then send them to our product technical sheet.

After receiving the budget agreement, a final date will be set for the final fitting of the dress, with the payment being made on the day the dress is shipped or picked up at the ANA SOUSA physical store.

As these are exclusive dresses, made to measure and made to order, exchanges or returns of these items are not allowed.

ANA SOUSA reserves the right to cancel your order and refuse delivery of the exclusive product if it does not obtain confirmation of the respective payment, accepted in the formal award of the budget and which constitutes a true executive title.

Exclusive online products that are part of the High Fashion Atelier Menu will be delivered on the agreed date, within no less than 15 working days after the first contact through the online store. MJJS needs this period of time to individualize your order exclusively to your body measurements, manufacturing and monitoring its quality, before sending the item to the address you indicate.