Kurk Sunglasses (hereinafter referred to as Kurk) is a registered trademark belonging to the company A.D.N. Eyewear Lda.A.D.N. Eyewear Lda, has its registered office in Urbanização Encosta do Sol, Lote 16, 3º Esq. Alqueves, 3040-008 Coimbra (Portugal) , with Tax Identification Number 515232807.As the owner of the website, www.kurksunglasses.com (hereinafter referred to as the Site) Kurk has established the Terms and Conditions set out below which govern access, navigation, use and requests made by users of the Site. Also regulating any service provided by Kurk. Any user, whether registered or not on the Site, is subject to the Terms and Conditions described below in order to ensure responsible and fair use.Users may navigate freely on the Site, without the need to register. In order for the user to be able to access our purchasing services and other associated services, the user must register before placing any order. The Site is an online trading platform for selling sunglasses.
In order to purchase the products available on the Site, it is necessary for the user to make a registration through a pre-defined form.Kurk may collect, record and use personal information to allow user access to associated services and to manage the Site.In order to prevent unauthorized use, you are responsible for maintaining the security of your data and information by limiting access to the computer or other device to be used to access the Site, and your access data.If you have credible suspicions that your data and information is being misused by third parties or that there is such a risk, you must notify Kurk immediately.Confirmation of the information provided to Kurk is also requested. It is the User's responsibility to confirm the veracity of this information and to inform Kurk if this information changes.
The products available on the Site are intended for purchase by registered users. Orders must be placed by users aged 18 or over from the Site.Kurk will place orders to ship to any country in the European Union, subject to European law and the laws of each European territory. Orders placed may be subject to additional shipping charges. The user is alerted to these values at the end of the purchase process.In order to speed up the processing of the order, the user should provide some data before the completion of the order, through the purchase form. The prices of Kurk products are shown in Euros (€), including the costs associated with shipping and management of the order. The values shown are subject to VAT in force.Kurk has a duty to ensure secure and encrypted transactions, as well as an obligation not to store any data relating to your credit card, debit card, bank account or other payment method available on the Site.
After the completion of the purchase form, the user is presented with a screen with the data of his order and relevant data for the type of payment chosen.After confirmation of payment, you should receive in your e-mail the proof of payment and the status of processing the order. The user will also be informed each time the status of his order is changed.Kurk may periodically provide discount codes to its users. The validity and application of these codes will always depend on the parameters set by Kurk for the use of them, being already established the use of a code per request.Kurk may also carry out promotional actions. The discount codes will not be valid for certain actions of this nature.Graphic representations, videos, images, texts, trade names, brands, logos or other information about each article have an informative function. If, for any reason, errors occur in the above-mentioned items of information, Kurk disclaims any liability and undertakes to correct them and to take all actions within its power to remedy the situation as quickly as possible.
- 4. Payments and discounts
6.1 Product with production defect
The consumer may exercise the right of return when the lack of conformity becomes apparent within a period of two years after receipt of the product, as described in Decree Law 67/2003 of 8 April, as amended. In the case of movable property and in accordance with the above-mentioned Decree-Law, Kurk is required to terminate the proceedings within a maximum of 30 days.
If the user wishes to continue with the return process, he must do so by e-mailing firstname.lastname@example.org. In order to communicate this intention, the user must fill in the order form provided by Kurk at the end of this page and a report mentioning the irregularities of the same article, as well as a proof of purchase and photographs of the product where it is possible to verify the non-conformities.
After sending the necessary information, Kurk will contact the user within three to five days and will then inform him whether or not to return the eyepiece. If the return is successful, you should send the items to the address:
Sá da Bandeira 33, 3000-351 Coimbra, Loja 216
If the product is returned, it must be new, without signs of use, with all its labels, packaging or wrappings and without further damage. In short, it must be in the condition in which it was initially delivered to the user. Kurk reserves the right to refuse return if the products are not in accordance with the conditions described above.
After receiving and checking the material, the user is to receive an identical product. In case of impossibility to supply the desired eyepiece, the user can choose another model or has the right to stop the order and request the return of the values paid . In the case of return, the costs of shipping will be borne by the User.
Kurk also informs you that, in the case of return of the amounts paid, the period of time for completion of such compensation depends on the method of payment used when purchasing the item. We also suggest that the return material be sent by registered mail and in a padded envelope or equivalent to ensure the protection of the materials.
6.2 Return of compliant material - Right of withdrawal
If the user returns the material due to lack of satisfaction, it is under the scope of Law-Decree no. 24/2014 of 14 February., having fourteen days for the return of the material. The user shall bear the costs incurred in returning the material to Kurk.
The user must first inform Kurk by e-mail at email@example.com of his intention to return the order. In order to communicate this intention the user must fill in the purchase resolution form provided by Kurk at the bottom of this page. You must also attach one or more photographs of the product. Kurk will contact the user to acknowledge receipt of the message and will provide instructions for shipping the item.
The product must be new, without signs of use, with all its labels, packaging or wrappings and without additional damage. It must be in the condition in which it was initially delivered to the user. Kurk reserves the right to deny return if the products are not in accordance with the conditions described above.
Kurk is not responsible for the delivery services contracted by the user. We therefore suggest that the return material be sent by registered mail (or other delivery confirmation document) and in a padded envelope or equivalent to ensure the protection of the materials. Kurk further denies brand responsibility if the user or the services contracted by the user send or deliver the order to an address other than the one indicated by Kurk.
After the analysis of the product, if it is in good condition, Kurk will return the amounts paid by the user for the article.
Kurk informs you that the time taken to return the amounts paid depends on the method of payment used when paying for the order. Nevertheless, Kurk will return the amounts in question within a maximum of 14 days after notification of termination of the contract.
Kurk does not accept exchanges of items available on the Site by others already acquired by the User. If the User wishes to make such a change, it shall do so in accordance with point 6.2 of this document and place a new order.
Use of the Site for any fraudulent or unlawful activity of any kind or nature, whether attempted or achieved, is expressly prohibited and punishable by law. Sending, using or reusing illegal, offensive, indecent, defamatory or violent material of any kind is also prohibited.
Kurk will not connive with violation of intellectual property, trademarks, confidentiality or personal data, and does not accept the sending of computer viruses, political or advertising propaganda, as well as SPAM to third parties.
The user is therefore committed to using correctly, honestly and lawfully the information or content to which he or she has access, whether through the Kurk Site or links on the same Site. The User must always bear in mind the principles of good faith and the applicable law, as well as the Terms and Conditions listed here.
Likewise, the dissemination of computer viruses or malware that threaten the proper functioning and structures of the system or content of the Website is not permitted. The user undertakes not to make any changes that may cause any intentional damage to the Site.
Kurk reserves the right not to allow access to the Site, or to cancel requests from users who violate the rules set out in the Terms and Conditions of the Site.
- 9. Copyright and Industrial Property
The Site www.kurksunglasses.com is owned by A.D.N. Eyewear Lda, as well as all the information contained therein, be it the source code, structures or design. A.D.N. Eyewear Lda. reserves the exclusive right to exploit the Site and the information contained therein, in accordance with European and Portuguese legislation.
No authorization is granted for the use of any intellectual/industrial property, as well as any content directly or indirectly included in the Site. The total or partial reproduction of any content, without the express permission of Kurk, is considered illegal and criminally punishable.
- 10. Changes to Terms and Conditions
In the event that any of the points of the Terms and Conditions is declared void, the remaining rules remain valid and will apply. The terms and conditions described herein are valid on the date of the last update. Kurk has the right to unilaterally amend these terms and conditions. Such changes shall be valid from the time of their publication on the Site.
- 11. Communication with the Kurk Services
All communications between User and Kurk regarding orders will be made in writing, in accordance with the established in previous points.
- 12. Valid and applicable legislation
The Terms and Conditions set out here are under Portuguese law. As published in Diário da República no. 143/2014, Series I of 28 July 2014, approving the fourth amendment to Law no. 24/96 of 31 July, which establishes the legal regime applicable to consumer protection, and the first amendment to Decree-Law no. 24/2014 of 14 February.
Thus, as described in Regulation (EU) No. 524/2013 of the European Parliament and the Council of 21 May 2013, which concerns the resolution of online disputes regarding consumption, in the event of disagreement between the parties, the User resident in the European Union may resort to the "Online Platform for Dispute Resolution", with the aim of settling any disagreement between Kurk and the User by extrajudicial means.
Access the Online Dispute Resolution Platform here: http:////ec.europa.eu/consumers/odr/