INTRODUCTION

This document is subject to the terms and conditions that regulate the use of this website and the agreement established between both parties – You and us – (hereinafter the "Terms"). These Terms set out the rights and obligations of all users (hereinafter "the User"), on the one hand, and those of UNDERBLUE (hereinafter "we" / "our" / "the Seller"), on the other, regarding the goods/services made available on this website or on any other website to which there is a hyperlink/link, (hereinafter jointly referred to as "UNDERBLUE Services"). Before pressing the "Authorize payment" button at the end of the order operation, you should carefully read these Terms as well as our Privacy Policy. If you do not agree with these Terms or with the Privacy Policy, in their entirety, you should refrain from placing any order.

These Terms are subject to change, so you should read them before placing any order.

If you have any questions about these Terms or the Privacy Policy, please contact us using our website or our electronic form.

These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in case of express agreement of the Seller, given previously in writing. These Terms are important for both parties, as they aim to protect the user's rights, in their capacity as customer, as well as our rights as Seller and are intended to establish a legally valid agreement between the parties involved. By placing an order, the user confirms that they have read these Terms, which they accept without reservation.

The user accepts that:

You may only use this website to make legitimate inquiries or orders.

You will not place speculative, false or fraudulent orders. If we have reasonable grounds to believe that a particular order is of such nature, we reserve the right to cancel it and inform the competent authorities.

You will be obliged to provide a correct and complete email or postal address, or other contact details, and you accept that the Seller may contact you using these details, if deemed necessary (see Privacy Policy).

If you do not provide the Seller with all the information it deems necessary, your order may not be completed.

By placing an order through this website, the user declares that they are over 18 years of age and have the legal capacity to enter into contracts.

SERVICE AVAILABILITY

The items offered through this website will only be available in the following countries: Portugal, Germany (except the island of Helgoland and the city of Büsingen), Spain, France (except Overseas Departments), Italy (San Marino, Liviano, Campione d'Italia and the waters of Lake Lugano), United Kingdom (mainland only), Ireland, Austria, Belgium, Netherlands, Luxembourg, Switzerland, Monaco, Denmark (except Greenland and the Faroe Islands), Sweden and Norway (except Svalbard), United States, Brazil, Cape Verde, India among others, available at checkout.

FORMATION OF THE CONTRACT

The information contained in these Terms does not constitute a sales proposal, but merely an invitation to negotiate. No contract regarding the products mentioned will be established between the Seller and the user unless the order has been accepted by the former (regardless of whether or not a debit has been made to the user's account).

To place an order, you must follow the online purchase process and press the "Authorize payment" button. You will then receive an email confirming that your order has been received by the Seller (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. The order is only a proposal to purchase one or more of our products. Any order is subject to acceptance by the Seller, which will always be confirmed by sending an email communicating the dispatch of the product(s) (Shipping Confirmation).

The sales contract between the Seller and the user (Contract) will only be formalized with the communication of the Shipping Confirmation.

The Contract will only relate to the products mentioned in the Shipping Confirmation. The Seller will not be obliged to supply any other products that may be included in the order, until their shipment has been the subject of another Shipping Confirmation.

PRODUCT AVAILABILITY

Any order for products is subject to their availability and, in this regard, in case of unavailability or difficulty in supply, the Seller reserves the right to inform the user about the existence of alternative products, of equal or superior quality and value, which the user may order.

ORDER REFUSAL

The Seller reserves the right, at any time, to withdraw any products appearing on this website, or to change or remove any materials or content from this website. Notwithstanding the Seller's effort to, in principle, process all orders, exceptional circumstances may occur that lead it to refuse to process and accept an order, even after an Order Receipt Confirmation has been sent, which it reserves the right to do, at its sole discretion, at any time.

The Seller shall not be liable, to the user or any third party, for the withdrawal of any product appearing on this website, for the alteration or removal of any materials or content from this website, nor for the refusal to complete the processing or to accept any order that has been the subject of an Order Receipt Confirmation.

USER'S RIGHT OF WITHDRAWAL – "COOLING OFF"

The user who contracts as a consumer may freely withdraw from the Contract within 14 calendar days from the date of receipt of the products. In this case, the user will be reimbursed for the full price paid for the products, as provided in the Return Conditions. Please see the Return Conditions (below) for how to return products.

The right to withdraw from the Contract will only apply if the products are returned in the same condition in which they were received by the user. The user must return them with all instruction manuals, documents and packaging materials. Any damaged product that is not in the same condition in which it was received by the user, or that shows signs of use beyond the mere opening of its packaging, will not be reimbursed. The user must, therefore, take the necessary care with the product(s) to be returned while they are in their possession.

The user does not have the right to withdraw from the Contract in the case of the supply of the following products:

Personalized products.

Please take due care with the handling of the product(s) while it/they are in your possession and, whenever possible, keep the original boxes, instructions/documents and other packaging materials, for subsequent return and collection of the products.

More detailed information about the right of withdrawal from the contract and explanations regarding its exercise are covered by these Terms and are also briefly included in the Shipping Confirmation.

This provision does not prejudice any rights resulting from law.

DELIVERY

Subject to availability, the Seller will make its best efforts to ensure that, except in exceptional circumstances, the products listed in a Shipping Confirmation are delivered to the user on the date indicated therein, or if no date is indicated, within 15 days from the date of the Order Receipt Confirmation.

Possible reasons for delay include:

Product customization;

Specialized products;

Unforeseen circumstances; or

Delivery area

If, for any reason, the Seller is unable to make the delivery on the scheduled date, the user will be informed and given the option to maintain the order by extending the delivery period or to cancel it for a full refund. The user should note that, in any case, the Seller does not make deliveries on Saturdays or Sundays.

For the purposes of these Terms, a "delivery" is deemed to have been made or a product is deemed to have been "delivered" upon the signing of the delivery receipt at the agreed address.

IMPOSSIBILITY OF DELIVERY
If the Seller cannot make the delivery, it will endeavour to find a safe place to leave the ordered product. A note will be left explaining where the product is and how its delivery can be rescheduled. If the user is not at the delivery location on the agreed date, they should contact the Seller to arrange a new delivery on a mutually convenient date.
Our carrier makes 2 delivery attempts. If these 2 attempts are unsuccessful, the item will be returned to our headquarters, and a fee of 5 euros will be charged for a new attempt (3rd attempt).

RISKS AND OWNERSHIP
From the moment of delivery, the risks related to the supplied product will be borne by the user.

Ownership of the supplied products will only be transferred to the user when the Seller has received full payment of the amounts due for the supply of the product, including delivery costs, or after delivery, whichever occurs last.

PRICE AND PAYMENT
Except in the case of obvious error, the price of the products will be that indicated at all times on our website. Although the Seller tries to ensure that all prices indicated on the website are correct, errors may occur. If the Seller finds that the price of a product in an order is incorrect, it will inform the user as soon as possible, giving them the choice between reconfirming the order at the correct price or canceling it.
If it is impossible to contact the user, the order will be archived and the user will not be refunded the value of the order.

The Seller shall not be obliged to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been sent, if the error is obvious, unequivocal and should have been identified by the user in reasonable circumstances.

The prices indicated on this website include VAT, but do not include delivery costs, which will be added to the final price, as stated in our Delivery Cost Guide.

Prices are subject to change at any time but, except as stated above, such change will not affect orders for which a Shipping Confirmation has already been sent.

Once the user has completed their purchases, all products they wish to purchase will be placed in their basket and the next step will be the "checkout" process and payment. To do this, you must:

Press the "shopping cart" button at the top of the page.

Press the "view shopping cart" button

Press the "Checkout" button

Fill in or confirm your contact details, your order, the chosen delivery address and the billing address.

Fill in your credit card details.

Press "Authorize payment".

You can pay with Paypal cards. To minimize the risk of unauthorized access, your credit card details will be encrypted. Payment must be authorized at the time of order processing. However, no amount will be debited from your credit card until your order has been shipped, except when payment is made via PayPal, in which case the payment amount will be debited at the time of order processing.

By pressing "BUY NOW" the user is confirming that they are the cardholder. The Seller uses "CYBERTRUST" to ensure that payment is made securely. Credit cards are subject to validation and authorization checks by the issuing entities, but if the card issuer does not authorize payment, the Seller will not be held responsible for any delay or non-delivery and may not enter into the Contract with the user.

VALUE ADDED TAX

In accordance with the rules and regulations in force, all purchases made through this website are subject to Value Added Tax (VAT).

In this regard, in accordance with the provisions of Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply is deemed to be that of the Member State where the address to which the products are to be delivered is located, and the applicable VAT rate will be that in force in the Member State of the place of supply in accordance with the orders placed.

According to the rules and regulations applicable in each jurisdiction, the "reverse charge" rule (Article 194 of Directive 2006/112) applies to products supplied in some Member States of the European Union, if the consumer is or should be a VAT taxable person.

In this case, the Seller will not charge VAT, subject to confirmation from the recipient of the products that the VAT due will be paid by the consumer, in accordance with the "reverse charge" procedure.

RETURN CONDITIONS

Return due to withdrawal

General Rule: If the user wishes to exercise the right to withdraw from the Contract, within the period established above, the user must return the product in the same package used for the first delivery, following the instructions available in the "Return Policy" section of the Seller's website. The user must contact the Seller using the electronic form. The user will have to bear the costs of returning the product to the Seller.

If the product is returned at the Seller's expense, the Seller will have the right to charge the user the costs incurred due to the return.

If you have any questions, you can contact us through the electronic form or by calling +351 255 822 464

The item can be returned to a physical store free of charge within 14 calendar days after the payment date of the order. (except for Strada Outlet stores in Odivelas, Via Catarina in Porto and 8ª Avenida in S.J.Madeira
If the customer wishes to return the item to our headquarters address, the shipping costs are borne by the customer.

Exchanges/returns can only be accepted if they comply with the following rules:

– Products must not have been washed or used;

– Products must retain all original features and appearance and the packaging must not be damaged;

– Products must be complete with all accessories and all their component parts and with their respective intact identification tags.

– Depending on the country where your order was delivered, returns may be subject to a return fee.

We do not accept exchanges/returns outside the aforementioned period. If you attempt to make a return after such date, we assume no responsibility for it and may have to send it back to your address and charge the respective delivery costs.

Exchanged/returned items are the customer's responsibility until they reach us, so please ensure they are well packaged, correctly addressed, and cannot be damaged during transit. We are not responsible for any items returned to us by mistake. If we are able to locate the items (which is not always possible) and you wish them to be returned to you, the respective delivery cost will be charged to you. The refund/voucher issuance will only be processed after receipt of the order at the company's headquarters and verification of its compliance.

How is my return refunded?

If the return is correctly registered and selected, the refund is always made by bank transfer to an IBAN indicated by the customer.

You can also choose to receive a voucher with the same value as the return. In this case, a voucher will be sent to the email associated with the purchase. This voucher can be used for any purchase at Under Blue stores.

In case of receipt of a return without the instructions correctly filled in by the customer (without the complete filling of the respective online return form), we will automatically process the return and a valid shopping voucher will be issued for the Online Store.

How do I return an item?

The Customer must request an exchange or return by contacting the Customer Support department via email geral@underblue.net, through the online store CHAT or by calling Tlf. (+351) 255 822 464 (Cost of call to Portuguese landline network)

The product must be returned, in a package, accompanied by the invoice/receipt and proof of IBAN, in case of exchange or return of the items belonging to this effect.

If the customer loses or damages the invoice/receipt of their order, the exchange/return cannot be made.

After the product arrives at our headquarters, Under Blue will verify if the conditions have been met. If so, it will arrange for the refund or exchange of the item in accordance with the request made by the Customer.
The maximum exchange period is 30 calendar days after the order's billing date.

The customer may make the exchange or return (issuance of a credit note for a later purchase) without any associated costs at any Under Blue store.

If you wish to return/exchange to our headquarters address, the shipping is supported by the customer.

For hygiene reasons, exchanges or returns are not made for underwear, products that have

More questions?
Contact us through our official channels.

You can return your online purchases to the address:

Código Master, Lda
Rua da Vista Alegre, nº 465
4560-511 Milhundos, Penafiel

How do I return an item?

The Customer must request an exchange or return by contacting the Customer Support department.

The product must be returned, in a package, accompanied by the invoice/receipt and proof of IBAN, in case of exchange or return of the items belonging to this effect.
If the customer loses or damages the invoice/receipt of their order, the exchange/return cannot be made.

After the product arrives at our headquarters, Under Blue will verify whether the conditions have been met. If so, it will arrange for a refund or exchange of the item in accordance with the Customer's request.

The customer may exchange or return the item free of charge at any Under Blue store except S.J.Madeira (8ª Avenida), Strada Outlet in Odivelas and Via Catarina. If you wish to return it to our headquarters address, the shipping cost will be borne by the customer.

For purchases made in a physical store
Exchange or return the product in person at an UNDERBLUE physical store: The general return policy mentioned above is altered, as explained below, in cases where there is an UNDERBLUE store in the country where the product was delivered. In this case, if the user needs to return the product, they may do so in person, at their own risk, at an UNDERBLUE store in the country where the product was delivered, presenting together the duly completed Return Document (hereinafter "Ticket") (which accompanies the product when it is delivered).

For purchases made in the Online Store
Items purchased in the online store may be exchanged in physical stores (except Strada Outlet, São João da Madeira and Via Catarina) upon presentation of the respective proof of payment.

Whenever possible, the user should return the product with all original boxes, instructions/documents and packaging materials.

The Seller will inspect the returned product and inform the user of the refund they are entitled to (if applicable). The exchange will take place as soon as possible (in any case, within 30 days from the date of notification of the resolution). See the refund conditions in Returns.

Any product that has been damaged, is not in the same condition as the user received it, or shows signs of use beyond simply opening the packaging, does not qualify for exchange.

Exchanges can only be made for other items of equal or higher value, with the respective value adjustment.

Return of defective products

If the user believes that the product supplied, upon delivery, does not conform to the provisions of the Contract, they should promptly contact the Seller via electronic form, or by phone +351 255 822 464, informing them of the product's condition and respective defects.

The Seller will inspect the returned product and inform the user of their right to replacement or refund (if applicable), via e-mail, within a reasonable period. The Seller, as a rule, will proceed with the refund or replacement as soon as possible and, in any case, within 14 days from the date of confirmation via e-mail that the user is entitled to a refund or replacement of the defective product. Products returned by the user due to a defect, if confirmed, will be refunded for the full amount paid, including delivery costs and return costs. The refund of any amount paid will always be made via the payment method used in the purchase of the product. These provisions do not affect any user rights that result directly from the law.

LIABILITY AND EXCLUSIONS

The Seller's liability regarding any product purchased through this website is limited exclusively to its purchase price.

No provision of these Terms has the effect of excluding or limiting the Seller's liability:

For death or personal injury caused by its negligence;

For fraud or fraudulent misrepresentation; or

Regarding any matter in which the exclusion or limitation, or the attempt to exclude or limit the Seller's liability is illegal.

Without prejudice to the provisions of the preceding paragraph, the Seller, to the maximum extent permitted by law and unless otherwise established in these Terms, disclaims any liability for indirect losses or damages that occur as a consequential effect of the main losses or damages, even if caused by the practice of an illicit act, contractual or extra-contractual, including mere negligence, whether foreseeable or not, for example, by way of:
i. loss of income or revenue;
ii. loss of business;
iii. loss of results or contracts;
iv. loss of profits;
v. loss of data; and
vi. management time and hours of activity.

Due to the open network nature of this website and the possibility of error in the storage and transmission of digital information, the Seller does not guarantee the accuracy and security of the information transmitted or obtained through it, unless expressly stated otherwise herein.

All product descriptions, information and materials on this website are provided on an "as is" basis and without any express, implied or statutory warranty of conformity for any reason.

To the maximum extent permitted by law, the Seller assumes no warranty of any kind, without, however, implying the exclusion of liability that cannot be legally excluded under consumer rights.

Nothing in this clause affects the user's legal rights as a consumer, nor does it affect their right to terminate the Contract.

INTELLECTUAL PROPERTY

The user acknowledges and accepts that all copyright (trademark) or other intellectual property rights relating to any material and content that is part of this website remain at all times owned by the Seller or its licensors. The user is allowed to use such material only within the limits expressly authorized by the Seller or its licensors. This does not prevent the user from using this website to obtain a copy of an order or the terms of the Contract.

WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications that the Seller sends to users be in writing. By using this website, the user accepts that communication between them and the Seller will mainly be in electronic form. The Seller will contact the user by e-mail or provide them with information by inserting notices on this website. For contractual purposes, the user accepts this means of electronic communication and acknowledges that any contracts, notices, information and other communications that the Seller transmits to them electronically satisfy the legal requirement that such communications be in writing. This provision does not affect any user rights that result directly from the law.

COMMUNICATIONS

All user communications to the Seller must be sent via electronic form. Without prejudice to the foregoing, the Seller may communicate with the user both by e-mail and by post to the address provided in the order.

Any communication will be deemed to have been received at the moment it is inserted on the website, 24 hours after an e-mail is sent, or on the third day subsequent to the date of its dispatch by post. For proof of sending a communication, in the case of postal delivery, it is sufficient to prove that the respective letter was correctly addressed, stamped and delivered to the post office and, in the case of e-mail delivery, that the same e-mail was sent to the e-mail address indicated by the user.

TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between the Seller and the user binds the parties and their respective successors and assignees.

The user may not transfer, assign or encumber their contractual position, or by any other means dispose of the Contract or any rights or obligations arising therefrom, without the Seller's prior written consent.

The Seller may transfer, assign or encumber its contractual position, subcontract or by any other means dispose of the Contract or any rights or obligations arising therefrom, at any time during its term. Nevertheless, no transfer, assignment or encumbrance of such position, or act of disposal of the contract, may have the effect of limiting the user's legal rights as a consumer or reducing, or limiting in any way, any guarantee provided by the Seller to the user, whether express or implied.

EVENTS OUTSIDE THE SELLER'S CONTROL

The Seller shall not be liable for non-compliance, or delay in compliance, with any obligation arising from the Contract that is due to an event outside its reasonable control ("Force Majeure Event").

A Force Majeure Event comprises any event, act or omission outside the Seller's reasonable control and includes, in particular (but not exclusively), the following:

Strikes, lock-outs and other industrial action

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

Impossibility of using railways, shipping, aircraft, road transport or other public or private means of transport.

Impossibility of using public or private telecommunications networks.

Laws, decrees, regulations or government restrictions.

Any strikes, interruptions or accidents affecting relevant postal or transport services.

The Seller's obligation to perform under any Contract will be suspended for the duration of a Force Majeure Event and will result in an extension of the respective term equivalent to that duration. The Seller will make reasonable efforts to end a Force Majeure Event, or to find a solution that allows it to fulfill its contractual obligations despite the existence of a Force Majeure Event.

If the User, through negligent action, misleading action or programmatically modifies the website to obtain undue financial advantages, the SELLER reserves the right to freeze the dispatch of the order until there is a reconciliation of values and correction of the same.

WAIVER

If the Seller, at any time during the term of the Contract, refrains from demanding strict compliance with any obligation that results from the Contract or these Terms for the user, or from exercising any right or power provided therein to terminate such non-compliance, this will not constitute a waiver of such rights and powers and will not exempt the user from fulfilling their obligations.

The Seller's waiver of the exercise of any right or power, in the face of a particular situation of user non-compliance, does not mean a waiver of rights or powers in the face of a subsequent situation of non-compliance.

The Seller's waiver of any right arising from the Contract or these Terms will only be effective if it is contained in a written communication sent to the user in the manner provided in the Communications clause, in which the Seller expressly declares that it waives such right.

SEVERABILITY

The declaration of invalidity, illegality or unenforceability, by a competent authority, of any of the provisions of these Terms & Conditions will not affect any of the remaining provisions, which will remain in full force.

ENTIRE AGREEMENT

These Terms and any document referred to therein constitute the entire agreement between the parties regarding the formation of a Contract and supersede any previous agreement, understanding or combination, whether in written or oral form.

Both parties acknowledge that, by entering into the Contract, neither of them based their respective motivation on a statement, commitment or promise made by the other, or that could be considered implicit in anything that had been said or written in negotiations that occurred between the parties prior to the conclusion of the Contract, unless otherwise provided in these Terms.

Neither party may rely on the fact that the other made an untrue statement, oral or written, prior to the conclusion of a Contract (unless such statement was made fraudulently) and may only resort to the rules of contractual non-compliance that result from these Terms.

AMENDMENT OF THE TERMS & CONDITIONS BY THE SELLER

The Seller has the right to change these Terms & Conditions at any time. The user is subject to the principles and terms in force at the time of their order, unless the law or competent authority imposes any change to them, or to the Confidentiality Statement (such changes being applicable to orders already placed).

APPLICABLE LAW AND JURISDICTION

The contracts for the purchase and sale of products through this site are governed by Portuguese Law. Any dispute resulting from or related to these Contracts is subject to the non-exclusive jurisdiction of the Portuguese courts. The provisions of this clause do not override any user's legal rights as a consumer.

COMMENTS

The Seller welcomes users' comments and opinions. Please send them using our electronic form.

You can send your exchange or return of purchases by sending the items to:

Código Master, Lda
Rua da Vista Alegre, nº 465
4560-511 Milhundos, Penafiel

For hygiene reasons, underwear cannot be exchanged or returned.

More questions?
Contact us through our official channels.