Terms and Conditions
TERMS AND CONDITIONS OF SUBSCRIPTION TO THE DONA ROSA SERVICE ("TERMS AND CONDITIONS")
1. Dona Rosa Service
1.1 The main purpose of the online platform(hereinafter, the "Platform") is to grant its Users a service (hereinafter, the "Service") consisting of:
a) the collection of garments (hereinafter, the "Garments") at your home or other address of your choice, under the terms described in these Terms and Conditions;
b) delivery of such Parts to service providers selected by Dona Rosapara for the execution of an Order, as defined below (hereinafter, the "Service Providers"), which will be performed in accordance with the service levels set forth in these Terms and Conditions
c) collection of the Parts from such Service Providers
d) delivery of the washed and/or ironed Parts to the User's home or other address selected by the User.
a) Logging onto the Platform;
b) Manage their personal data (identification, contact, delivery address and Spare Parts collection, payment data) and consult their Order history (as defined below);
d) Submit a support request
e) Place and amend Orders (as defined below); by:
i. Validating the zone and delivery/collection address of the Parts, using the postcode database
ii. Validating delivery/pick-up times and days;
iii. Add notes to the Order, namely the reference that the Order contains valuable Parts (i.e., with a purchase price over 300 EUR)
iv. In case of scheduling, the possibility to modify the Order until 24 hours before the date of collection of the Parts at home or other address indicated by the User.
f) Make online payments of the Orders, through the interface made available by its payment service provider;
2.1 Through a dedicated section of the Platform, the User may make a request for services (hereinafter, an "Order"), which may consist of the following:
a) Washing, drying and folding a number of Pieces that the User places inside a bag made available to him/her for this purpose by the Dona Rosa operator at the time of collection;
b) To iron a number of garments to be determined by the User;
c) Washing and ironing a number of items to be determined by User; or
d) dry-cleaning a number of Parts to be determined by User.
2.2 The User shall check the details of the Requests sent to Dona Rosa through the Platform before submitting them, since Dona Rosa shall not be liable for any incorrect information introduced in the Request, particularly in relation to the number or characterization of the Parts or the address where the Parts shall be collected or delivered.
2.3 The submission of an Order through the Platform does not contractually bind Dona Rosa, this contractual bind only being created - to which these Terms and Conditions shall apply - when the Order is accepted by Dona Rosa, which shall be communicated to the User by sending an electronic mail message to the address supplied by the User or through a push notification on the Platform.
2.4 It shall be possible for the User to place certain Orders without determining the date and time of the collection of the Parts, the User being able, once Dona Rosa has accepted the Order in accordance with the provisions of the preceding number, to schedule the date and time of the collection of such Parts within twelve (12) months following such acceptance. Should the User fail to schedule the date and time for the collection of the Parts within the aforementioned period, the User's rights over the Order shall expire, not being entitled to any reimbursement of the price paid for the same.
2.5 Dona Rosa shall assign a number to each Order that shall be communicated to the User upon acceptance of the Order and that the User shall use in the context of all the communications that the User maintains with Dona Rosa in relation to that Order.
2.6 The User may make any changes to an Order up to the time of collection of the Parts .
2.7 The User may cancel an Order up to 4 (four) hours before the scheduled pick-up time, or reschedule the pick-up or delivery time of its Parts up to 2 (two) hours before the scheduled pick-up time, directly through the Platform (if the new pick-up or delivery time desired is available), or at a later time, if the User directly contacts the Dona Rosa operator in charge of the pick-up or delivery and this has availability at the new desired time.
2.8 In the event of a change or cancellation, Dona Rosa will send the User an email or push notification with the confirmation of the acceptance of the changed Order or the cancellation of the Order.
2.9 You may change, cancel or direct other communications or complaints about your Orders directly through the dedicated space on the Platform or by written communication to Rua Ernesto Costa, Nº 4, 2º Direito 1600-443 Lisbon
2.10 The amendment or cancellation of an Order out of the term foreseen in paragraphs 2.6. or 2.7. or the absence of the User from the domicile where the Parts should be collected or delivered at the time of collection or delivery implies the payment of an additional amount, as a mandatory penalty/mortgage clause, in the amount of 10 EUR (ten euros), which shall not prejudice the right of Dona Rosa to obtain compensation for the damages suffered under the general terms of the law.
3. Cancellation or Rescheduling of an Order by Dona Rosa
3.1 Dona Rosa may cancel an Order and therefore terminate these Terms and Conditions in respect of that Order or seek to reschedule the date of collection or delivery of the Parts included in an Order in the following cases:
a) following the occurrence of a force majeure event, such as, without limitation, war (declared or not), riot, civil insurrection, natural disasters, general strikes of national scope, fires, floods, explosions, governmental decisions or other situations not controllable by Dona Rosa that prevents or impairs the performance of the obligations assumed under these Terms and Conditions (hereinafter, "Force Majeure Events");
b) If you do not make the Parts available to Dona Rosa on the date and time indicated in your Order and confirmed by Dona Rosa;
c) If any of the Parts does not correspond to the description made in the Order, is damaged or does not correspond to one of the types of Parts accepted by Dona Rosa (you may consult the list of Parts accepted by Dona Rosa on the mobile application;
d) If the Order does not contain any of the elements necessary for the provision of the Service (e.g. the necessary cleaning instructions)].
3.2 In case Dona Rosa cancels or wishes to reschedule the collection or delivery of Parts of a User's Order in accordance with the previous paragraph, Dona Rosa shall notify the User by push notification on the Platform, SMS, email message or call, and the User must confirm or select the conditions of the rescheduling within 2 (two) days after receiving the notification referred to in this paragraph.
3.3 In the event of cancellation under this clause, Dona Rosa will reimburse the User for the amounts paid as a result of the Order (if the User so wishes) and, where applicable, will return to the User the Parts it has collected as soon as possible, with the costs of such return being the User's responsibility, in the cases set out in paragraph c) of number 3.1.
3.4 Should the User wish to reschedule the pick-up or delivery of the Parts, pursuant to number 3.2, the rescheduling shall take place within twelve (12) months after the reception of the notification foreseen in that number, being possible for Dona Rosa to collect the Order together with other Orders that the User may place within that period.
4. Collection and Delivery of Parts
4.1 Dona Rosa will use reasonable endeavours to collect the Parts from the address indicated by the User in the Order at the time indicated in the Order and confirmed by Dona Rosa, but cannot guarantee that it will strictly comply with that time. However, Dona Rosa will notify the User of any delay before the scheduled collection time by means of a push notification on the Platform, email, SMS or telephone call.
4.2 Upon collection of the garments, You will be invited by the Dona Rosa employee or agent to place the garments in one of four bags, depending on whether each of the garments delivered is to be, as set out in clause 2.1: (i) washed, dried and folded; (ii) ironed only; (iii) washed and ironed; or (iv) dry cleaned. In the case foreseen in (i), the bag provided by the employee or customer will be destined exclusively for the transportation of the User's garments, and the User may keep the bag after the delivery of the garments for subsequent washing, drying and ironing requests addressed to Dona Rosa.
4.3 If the User does not make the delivery of the Parts on the date and time indicated in the confirmation of the delivery time that he/she receives from Dona Rosa and if he/she does not set a new date for the delivery of the Parts within 180 days after the failed delivery, Dona Rosa will be able to donate the Parts to a charity institution of his/her choice.
4.4 Upon delivery of the Parts, the User will be required to sign a delivery note, unless the User has indicated to Dona Rosa, prior to the delivery, that the Parts should be delivered to a certain location without collecting a signature. In the latter case, the delivery is entirely at the risk of the User, and Dona Rosa will not be responsible for any damages suffered by the User due to or after the delivery.
4.5 We may deliver the Parts to the address indicated by the User in its Order to a third party who will sign a delivery note on behalf of the User.
5. Service Levels
5.1 Dona Rosa will provide the Service with reasonable care and diligence in accordance with industry standards.
5.2 Dona Rosa may contact you if Dona Rosa believes that any Parts it has collected are at particular risk of damage, including but not limited to
a)Parts with special cleaning instructions;
b)Damaged or stained items;
c) Parts that contain a foreign element that may damage the Part (e.g. pins, brooches, pens, keys, makeup, papers, etc.).
Dona Rosa will not be liable for any damage that you may suffer as a result of the provision of the Service, according to the levels of service described in the following paragraphs, if, following the communication from Dona Rosa described in this paragraph, you decide to proceed with the provision of the Service.
5.3 With respect to Washing, Drying and Folding Requests for a number of Parts to be determined by You under clause 2.1 a), Dona Rosa agrees to
a) Machine wash the garments at 30ºC;
b) Separate the Pieces between light and dark, although Dona Rosa does not take any responsibility if any Piece is dyed during the washing process;
d)Fold the way it seems best, taking into account the type of garment.
5.4 In relation to Requests to iron a number of Parts to be determined by You under clause 2.1 b), Dona Rosa undertakes to:
a) iron all the Pieces at a temperature suitable for the type of Piece;
b) Fold or hang in the manner that appears to be most appropriate taking into account the type of Part;
5.5 Regarding the requests for washing and ironing of a number of garments to be determined by the User in accordance with paragraph c) of clause 2.1, Dona Rosa undertakes to observe the conditions stipulated in the previous two paragraphs that are applicable to the Service.
5.6 With regard to Orders for dry cleaning a number of Parts to be determined by the User in accordance with clause 2.1 d), Dona Rosa undertakes to proceed in the best way according to the type of Part and the instructions on the label of the same.
5.7 The transportation of the Parts collected at the address indicated in an Order to the Service Provider's premises and from its premises to the delivery address to the User will be done by a Dona Rosa employee or contractor with all the necessary qualifications for that purpose, in a vehicle suitable to carry out such transportation in safe and sound conditions.
6.1 The Platform, through which Users access the functionalities described in clause 1.2, above, was developed with the interests of the Users in mind. However, Dona Rosa does not guarantee that it will function correctly, uninterruptedly or without errors or faults.
6.2 The Platform is available for:
6.3 The Platform may be accessed on the aforementioned operating systems through the following search engines:
6.4 The User may not, specifically
a) Modify, decompile, transfer to another terminal or make access to their User account on the Platform available to third parties;
b) Remove any copyright, trademark or proprietary rights notices; and
c) Perform any acts that may cause damage, including image damage or damage to the reputation of Dona Rosa, its Service Providers or its partners.
6.5 The Platform, its structure, the selection, organisation and presentation of its content, including the services, their functionalities and the software used, as well as the brands and logotypes, are the exclusive property of Dona Rosa or the entities or persons who have authorised it to use them.
7. Use of the Platform
7.1 To use the Platform, the User must follow the steps described in clause 1.2 above and have a mobile device (i.e. smartphones, tablets and other similar equipment) or fixed device (PC or other similar equipment) that is compatible and connected to an electronic communications network and has an internet connection.
7.2 The User is expressly prohibited from making any use of the Platform outside of the circumstances permitted by Dona Rosa or the cases expressly provided for by law, and in particular may not practice or attempt to practice any of the following acts, if applicable:
a) Using the Platform in violation of the provisions of this document or to develop or market any solution or to compete with Dona Rosa, or in any other way that infringes the intellectual property rights of Dona Rosa or third parties;
b) Reproducing, by any means or form, the Platform;
c) Decompile or decode the Platform, access its source code, or in any way cancel, malfunction, avoid, bypass, remove, deactivate or compromise any system, mechanism or security measure integrated or made available with the Platform (including decrypting any encrypted code);
d) Making any type of alterations, intervention or modification, including translation of the Platform. Without prejudice to the above, if, in breach of the aforementioned, the User develops or creates any work or material, this will become the exclusive property of Dona Rosa and the User shall prepare and sign all the necessary documents to transfer all the rights to the same free of charge;
e) Remove any copyright, trademark or other proprietary rights notices from the Platform.
7.3 The User must bear in mind that
a) They must access and use the Service or functions of the Platform in a responsible, prudent and careful manner, using the Service for strictly personal purposes, not using it for commercial purposes or making it available to third parties, by any means, or using it for purposes which are not permitted, illegal or offensive to public order or good manners;
b) The use of the Platform and access to the Service is at your own risk and you are solely responsible for any damage caused to your computer system and/or equipment and for any other damages or losses, including loss or damage to data; and
c) You must not use the Platform and access to the Service to make available or transmit, on purpose or negligently, any type of material that contains or may contain viruses, worms, defects, Trojan horses or other item or computer codes, files or programmes that may interrupt, destroy or limit the functionality of any equipment or computer system (hardware or software).
7.4 The User may not commit any prohibited acts when using the Platform, including
a) Accessing the Platform by means other than those provided by Dona Rosa, or using modified forms of software with the aim, in particular, of obtaining unauthorised access;
b) Use the Platform in activities prohibited by law or which involve (i) the violation of third party rights, (ii) the carrying out of acts which are offensive to public order or good manners, including threatening, malicious, abusive, harassing, defamatory, injurious, vulgar, obscene or indecent acts, (iii) the promotion of hatred, violence or racial, political or religious intolerance or (iv) the encouragement, promotion, facilitation or instruction of others to carry out the aforementioned activities;
c) Practise any acts that may cause damage or put at risk the integrity, continuity or quality of the Platform, using it in a responsible, prudent and careful manner.
8. Functioning of the Platform
8.1 Dona Rosa does not guarantee that the Platform will function correctly, in an uninterrupted manner or that it is free of errors or faults, and does not provide any guarantee on the same, including commercialisation, suitability for a particular purpose or non-infringement.
8.2 In the event of any faults in the operation of the Platform, you should contact Dona Rosa by email at firstname.lastname@example.org or by telephone on 938693832 (contact available between 09:00 and 17:00 GMT).
8.3 Dona Rosa will use reasonable endeavours to resolve the problems identified, but does not guarantee that they will be resolved.
8.4 It is also the responsibility of each User to adopt the necessary measures to protect their equipment and/or terminal device through which they access the Platform
9. Price and Payment
9.1 The prices applicable to the Service are available and updated at all times on the Dona Rosa Platform. The prices applicable to the Orders sent to Dona Rosa are those in force on the date of the Order.
9.2 The prices shown in the addresses referred to in the previous number include VAT.
9.3 When the User places an Order, the User will be redirected to the platform/interface of their payment service provider to confirm payment. Dona Rosa will only process payment once it receives the Order at its premises. However, please note that it may take up to three working days for the payment amount to be reflected in your bank account balance. We will accept payment by debit or credit card, the details of which have been provided with your Order. If, for any reason, we are unable to receive payment, interest will be charged at the statutory rate applicable at any given time. Interest will accrue daily from the due date until the date of actual payment of the overdue amount.
10.1 Dona Rosa will not be liable, except in cases of intent or serious fault by Dona Rosa, its representatives or assistants, for damages or losses that may result from the situations previously or subsequently mentioned in these Terms and Conditions, nor for:
a) Devices used by the User to use the Platform (such as computers, tablets, mobile phones and others);
b) The use or impossibility of use of the Service and Platform, including, namely, delays, interruptions, errors, interference and suspension of communications, omissions, viruses, bugs, and also malfunctions and/or problems in the operation of the same;
c) Delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems;
d) Suspension, non-operation or unauthorised use of the servers on which the Platform is hosted;
e) Delays, interruption, incorrect operation or malfunctioning of the systems and networks of third parties connected to the Platform;
f) Unlawful acts of third parties, including any acts or omissions by Service Providers to the maximum extent permitted by law; and
g) Possible errors or security deficiencies that may arise from the use of outdated or insecure terminal equipment or browsers, faults that may result from the electronic communication services used by the User, as well as the activation of the User's password or identification code storage devices, or the damages, errors or inaccuracies that may result from their malfunction.
10.2 Neither shall Dona Rosa be liable, except in cases of intent or gross negligence by Dona Rosa, its representatives or assistants, for any damages or losses that may result from any loss of colour, shrinkage or other damage to the Parts that result, apart from the situations already described in these Terms and Conditions, from
a) User's failure to notify Dona Rosa of any special requirements or instructions as to the washing or ironing of the Parts;
b) Any wrappings, bags, crosses or supports in which you deliver the garments to Dona Rosa;
c) Normal wear and tear of the garments;
d) Inadequate quality of the fabrics, buttons, zips and other materials used in the Pieces;
e) Lack of authenticity of the coloring and prints engraved on the Pieces.
10.3 Dona Rosa shall not be liable for any loss or damage, including, but not limited to, damages for loss of chance, data, or any other losses, when such is not directly or indirectly attributable to Dona Rosa, and shall not be liable in particular for (i) errors, omissions or other inaccuracies relating to the information made available (ii) damages caused by the fault of a third party; (iii) the non-performance or defective performance resulting from the compliance with court orders or administrative authorities; (iv) any loss of profit, revenue, contracts or savings, or any other indirect, incidental, special or consequential damages.
10.4 Dona Rosa will not be liable for the delay in the fulfilment of its obligations, for the definitive non-fulfilment or for the defective fulfilment of the same, if this non-fulfilment is motivated by Force Majeure Reasons.
10.5 In any case, Dona Rosa's liability shall be limited to the payment of compensation to the User in the amount corresponding to ten (10) times the value of the Order in the context of whose execution the damage has occurred.
11.1 Dona Rosa may place adwords and publicity (that is, advertisements or other promotional or advertising materials) on the Platform, as well as any other type of useful information related to the Service or other services provided by Dona Rosa or other companies. Dona Rosa may also make publicity highlights.
11.2 As part of the above, Dona Rosa may provide links to websites of other entities ("Sites"). These Sites are not owned, operated or controlled by Dona Rosa and therefore Dona Rosa is not responsible for, does not approve or in any way endorse or support the content of those Sites or of the sites linked to or referred to by them. The establishment of links does not imply, as a rule, the existence of any relationship between Dona Rosa and the owner or manager of the web page to which the link refers.
12. Platform Management
12.1 Dona Rosa is responsible for managing the Platform and therefore Dona Rosa can, at any time, update, change or delete any of the content and functions provided, as well as change its presentation, configuration, options and functions.
12.2 Dona Rosa reserves the right at any time, without prior notice and at its sole discretion, to update, eliminate or modify the configuration, options and functions of the Platform and access to the Service.
12.3 Dona Rosa may, at any time, cease, suspend, block, interrupt or discontinue part or all of the Service, or impose restrictions or limitations on access, due to technical, commercial, legal, strategic constraints or due to the User's breach of the conditions of use, namely, among others, in the following cases:
a) When necessary to ensure the security, integrity, continuity or quality of the Platform or the Service;
c) In other duly justified circumstances, including specifically when the right to use the Platform may cause Dona Rosa to breach contractual, legal or regulatory obligations or when imposed by a decision issued by a competent authority;
d) If the use of the Platform or any other behaviour of the User threatens the capacity or viability of its use or third parties' access to the Service, Dona Rosa will have the right to protect the Platform in the manner it considers most appropriate.
12.4 Dona Rosa reserves the right to discontinue, at any time, all or part of the Platform.
13.1 Dona Rosa reserves the right to discontinue, at any time, all or part of the Service after the conclusion of the last Order that has been submitted through the Platform.
13.2 The User may cancel any Order, under the terms described in the following clause, and may delete their account on the Platform directly through the Platform or by any other means accepted by Dona Rosa at any time.
14. Free Cancellation
14.1 The User has the right to freely terminate these Terms and Conditions with regard to a specific Order, without the need to state any reason. The period for exercising the right to free termination expires 14 days after the day following the day on which the User places the Order with Dona Rosa through the Platform, provided that the Service in respect of the said Order has not yet been fully provided.
14.2 In the event of termination of these Terms and Conditions in relation to a specific Order, Dona Rosa will reimburse the User for the payment made, without unjustified delay and, in any case, no later than 14 days from the date it is informed of its decision to terminate these Terms and Conditions in relation to that Order. Dona Rosa shall make such refunds using the same means of payment that the User used for the initial transaction, unless expressly agreed otherwise. In any case, the User does not incur any costs as a consequence of such refund, except for the costs incurred by Dona Rosa with the return of the Parts, under the terms of the following number.
14.3 It is the User's responsibility to bear the costs of returning the Parts in case of cancellation of an Order, which Dona Rosa will invoice the User without undue delay after the return and which the User must pay within 14 days after the return.
15. Final Provisions
15.1 Dona Rosa may, at any time, change these Terms and Conditions, in which case it will inform the User of such change and the User will have the right to terminate the contract entered into with Dona Rosa. The User should store or print a copy of this document (as well as of the documents to which it refers) for future reference.
15.2 These Terms and Conditions are in force for an indefinite period of time, until the User cancels their account on the Platform, or until Dona Rosa discontinues the Service or the Platform, without prejudice to the termination of the Terms and Conditions under the general terms of law or the Terms and Conditions themselves with regard to a specific Order.
15.3 These Terms and Conditions shall be governed by Portuguese law and, in the event of any dispute regarding the interpretation or application of these Terms and Conditions, the competent court is the District Court of Lisbon. Alternatively, the User may submit a claim to the Consumer Conflicts Arbitration Centre of Lisbon using this claim form.
15.4 These Terms and Conditions are only binding on Dona Rosa and the User who accepts them.
15.5 If any provision of these Terms and Conditions is invalidated by a competent court, the remaining provisions shall remain in force.
15.6 By accepting these Terms and Conditions, you acknowledge that Dona Rosa may transfer the Service and the Platform and, furthermore, you consent to the transfer of Dona Rosa's contractual position in these Terms and Conditions to another company in the context of an acquisition or merger.