Terms & Conditions

Last Updated: May 14, 2024

OVERVIEW

SAMSAREE is a registered brand owned by NJE International Business, a company registered in Portugal. Our registered address is Rua Mario Azevedo Gomes, 4, 2D, 1500-467 Lisbon, Portugal. Our VAT number is 513503331.

The following Terms of Service (“TOS”) are a legally binding contract between you and SAMSAREE (“we” or “us”) regarding your use of our website at www.SAMSAREEstore.com along with our related websites, networks, mobile applications, and other services provided by us (collectively, the “Service”). The TOS apply to all users of our website, including and without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read the TOS carefully before accessing or using the Service. We recommend you should keep a copy of the TOS for future reference. By accessing or using the Service, you agree to be bound by the TOS together with our Privacy Policy (see section “Privacy Policy”). If you do not agree to all TOS or our Privacy Policy, then you may not access the Service.

Any new features or tools which are added to the current store shall also be subject to the TOS. You can review the most current version of the TOS at any time on this page. We reserve the right to update, change or replace any part of the TOS by posting updates and/or changes to our Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ELIGIBILITY AND ACCOUNT REGISTRATION

By agreeing to the TOS, you must: (a) be at least 18 years old or at least the age of majority in the jurisdiction where you reside and from which you use the Services; (b) have not previously been suspended or removed from the Service; and (c) be in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting the TOS on your behalf represents and warrants that they have authority to bind you to the TOS and you agree to be bound by the TOS.

In order to make purchases on the Service you will be required to provide your personal details, including your name, e-mail address and other requested information as indicated. You will also be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. You agree that all the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under Your Account. If you believe that Your Account is no longer secure, then you must immediately notify us at info@samsaree.com.

SECTION 2 – ORDERS AND PAYMENT

All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.

SAMSAREE offers products for sale that are in stock and available for dispatch from our Showroom. Occasionally however, we may be waiting for shipments from our designer suppliers or have products listed in our Service that are out of stock. You may choose to register your email address for notification of arrival of the selected merchandise not held in stock. If you have registered your email address for notification of the arrival of a specific product featured on our Service, we will notify you by email as soon as possible.

In the event that an item you have ordered is unavailable, we will let you know as soon as we can and, where payment has already been made, make a refund to your payment method without undue delay. We do not assume the risk of having to procure ordered merchandise elsewhere (procurement risk). We are obliged only to make deliveries from our available stock and from the stock we have ordered from our suppliers. Where we make deliveries of goods from our available stock, the goods provided will be consistent with the order made by you. We will inform you about the expected delivery time on each product detail page as well as immediately before you place an order.

You authorize SAMSAREE to charge all sums for the orders that you make, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, SAMSAREE may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your order is placed on hold, we will reach out to you to ensure that the delays are minimal.

We reserve the right not to accept your order in the event that we are unable to obtain authorization for payment, that shipping restrictions apply to a certain item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Service whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Service, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any content, software, products, or services contained within the Service. You may not use the Service, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.

SAMSAREE has partnered with third party payment processors to process payments you make via the Service. Third-party payment processor Stripe facilitates and processes some of SAMSAREE’s orders. By choosing to place your order, you agree to Stripe’s terms and conditions which may be found at Stripe – Global Privacy Policy.

SAMSAREE will store a record of all orders for a minimum of one year.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We may update our Service from time to time, and may change the content at any time. However, please note that any of the content on our Service may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Service, or any content on it, will be free from typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. The materials on our Service are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Service is at your own risk. You agree that it is your responsibility to monitor changes to our Service.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our Service is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Our Service is made available free of charge. We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Service at any time without notice. We will not be liable to you if for any reason all or part of our Service is unavailable or interrupted at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Service. You are also responsible for ensuring that all persons who access our Service through your internet connection are aware of the TOS, and that they comply with them.

SECTION 4 – PRICES AND SHIPPING

SAMSAREE reserves the right to determine pricing for Products. All prices on the Service are given in Euro (€), USD ($) or GBP (£). The prices given on the Service on the date the order is placed shall apply. The stated prices are final prices (totals) and include value added tax (VAT) at the applicable statutory rate in Portugal (23%). VAT may be deducted from the final price at Checkout if you have selected a shipping address where VAT is not chargeable. All items remain our property until full payment of the purchase price.

SAMSAREE will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our Service periodically for current pricing information. SAMSAREE may change the fees for any Product at any time. SAMSAREE, at its sole discretion, may make promotional offers with different features and different pricing to any of SAMSAREE’s customers. These promotional offers, unless made to you, will not apply to your offer or these TOS.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

We will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. Please note that international packages may be subject to duties and taxes. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information.

SAMSAREE will attempt in good faith to deliver your items in accordance with your order, but SAMSAREE will not be responsible or liable for any delays or failure in such delivery. SAMSAREE expressly reserves the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at SAMSAREE’s discretion. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. SAMSAREE will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond SAMSAREE’s reasonable control. In such cases, SAMSAREE will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

SECTION 5 – EXCHANGES AND RETURNS

If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice. You have the right to cancel your order within 14 days without giving any reason. The cancellation period will expire 14 days from the day on which you (or someone you nominate, other than a carrier) receive(s) the order. To exercise the right to cancel, you must inform us by letter to "Notice of Contract Cancellation, SAMSAREE, RUA MANUEL INACIO 4B, 2770-223 PACO DE ARCOS, PORTUGAL", or by email to: info@samsaree.com. For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make reimbursement without undue delay, and not later than 30 days after the day we receive back from you any of the goods supplied. We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost. You shall return cancelled orders to: SAMSAREE, RUA MANUEL INACIO 4B, 2770-223 PACO DE ARCOS, PORTUGAL, without undue delay and in any event not later than 30 days from the day on which you communicate your cancellation of contract to us. The deadline is met if you send the goods before the period of 14 days has expired. You will have to bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods. Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.

Without prejudice to your statutory right to cancel set out above, we offer you the option of returning items ordered on our Service within 30 (calendar) days of your order confirmation email. This return option allows you to return items to us, even after the 14-day cancellation period has expired. You can use the return shipping label enclosed with your order. Please contact our Customer Services if you have any problems with the return shipping label. Your exercise of this return option is limited to unworn items that you have worn/tried on only as you would have in a shop. All returned items must be returned in their original condition, intact and undamaged, and in its original packaging and containing all SAMSAREE and designer labels. Until the period for exercising the statutory right to cancel expires, the statutory provisions governing returns shall apply exclusively. The voluntary 30 days return right does not exist for contracts subject to sealed goods which have been unsealed after delivery and which are not suitable for return due to hygienic reasons. We do not offer exchanges for returned items. If you wish to purchase a new item, please place a new order.

For more details on our Return & Exchanges Policy, see section “Returns & Exchanges” or contact our Customer Services team using the options below.

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in our Service, and in the material published on it, are owned by SAMSAREE and our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Service for your personal use and you may draw the attention of others within your organisation to content posted on our Service. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Service must always be acknowledged. You must not use any part of the content on our Service for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Service in breach of the TOS, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

SAMSAREE and the logos for these marks are trademarks of NJE International Business, Sociedade Unipessoal, Lda. You are not permitted to use these trademarks without our approval, unless they are part of any material you are using as permitted above.

SECTION 7 – THIRD-PARTY LINKS AND OPTIONAL TOOLS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on our Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to the TOS.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the TOS. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – PROHIBITED USES AND OTHER OFFENSES

You may use our Service only for lawful purposes. You may not use our Service: (1) in any way that breaches any applicable local, national or international law, regulation or code of practice; (2) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (3) in any way that infringes any intellectual property right or right to privacy; (4) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person; (5) to submit false or misleading information; (6) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (7) to collect or track the personal information of others; (8) to spam, phish, pharm, pretext, spider, crawl, or scrape; (9) for any obscene or immoral purpose; and/or (10) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

You agree not to reproduce, duplicate, copy or re-sell any part of our Service in contravention of the TOS.

We do not guarantee that our Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 10 – LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall SAMSAREE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless SAMSAREE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the TOS or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of the TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 11 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The TOS are effective unless and until terminated by either you or us. You may terminate the TOS at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 12 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS and any policies or operating rules posted by us on the Service or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOS). Any ambiguities in the interpretation of the TOS shall not be construed against the drafting party.

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and SAMSAREE as a result of the TOS or your use of the Service. You agree that you may not and will not hold yourself out as a representative, agent, or employee of SAMSAREE, and we shall not be liable for any representation, act, or omission on your part.

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

We take all complaints very seriously and try to resolve disputes as soon as they arise. If you wish to make a complaint, email us at info@samsaree.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the Portuguese law. If there’s a dispute that we have been unable to resolve with you directly, EU resident customers can find more information about alternative dispute resolution via the European Online Dispute Resolution platform. For more information, please contact our Customer Services team.

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information in the Service is governed by our Privacy Policy (see section "Privacy Policy").

SECTION 14 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@samsaree.com