General Conditions of Sale

TERMS AND CONDITIONS - BANEMA STUDIO (ONLINE STORE)

1. PREVIOUS INFORMATION

1.1. This document establishes the conditions associated with contracts entered into with Banema Studio from the website https://banemastudio.pt/, coming into force on 12/01/2024.

1.2. By using this website, the Customer is aware that he/she must act in strict compliance with the applicable Terms and Conditions and Privacy Policy, which implies acceptance thereof. The Customer must not use this website if he/she does not agree with any of the provisions contained in such documents.

1.3. These Terms and Conditions apply to visitors to the website https://banemastudio.pt/ (hereinafter referred to as Customer), as well as to other Customers who establish commercial relations with Banema Studio through said website.

1.4. Whenever justified, Banema Studio reserves the right to change these Terms and Conditions, with a new version being made available for consultation on the website. Changes to these Terms and Conditions will only apply to orders placed after their publication at https://banemastudio.pt/

2. WEBSITE OWNERSHIP

2.1. This website is owned by Banema SA, with registered office at Rua de Santa Marinha, nº 511, 4585-813 Astromil, Paredes, under the unique corporate registration number 501 759 115, hereinafter referred to as “Banema Studio”.

2.2. For any clarification related to the use of the Banema Studio website, you can contact Customer Support through any of the following means:

• Email: geral@banemastudio.pt;

• Telephone contact: (+351) 227 661 910 (call to national landline network)

3. USE OF THE WEBSITE

3.1. When using the website and/or placing orders through it, the Customer undertakes to comply with these Terms and Conditions, namely:

• Not to make illicit or improper use of the website;

• Not to use false identities;

• Not to use the website or any of the platforms and forms made available through it to disseminate illegal, illicit or offensive content regarding the general principles of law, ethics and public order;

• To refrain from disclosing or disseminating any messages or information that is injurious, misleading, defamatory, obscene, xenophobic or discriminatory in nature or that violates, in any way, the right to privacy or intellectual or industrial property of third parties, as well as any information that may be harmful to third parties or to the owner of the website.

3.2. The Customer is responsible for the veracity of the facts communicated to Banema Studio and undertakes to immediately communicate any changes to the same, through Banema Studio's Customer Support service.

3.3. Banema Studio is not responsible for delays in processing any order resulting from errors or insufficient data communicated by the Customer.

3.4. In order to access the various features, the Customer may register on the website.

3.5. To register on the website, the Customer must complete a form in which he/she must provide the following data, notwithstanding optional data:

- First and last name;

- Email address;

- Password.

3.6. Banema Studio will not be liable for any damages arising from the improper or negligent use of the password defined by the Customer to access their account, and it is the Customer's responsibility to ensure the confidentiality of their password.

3.7. After registration, the Customer will have access to a personal area with the data provided at the time of registration.

3.8. By registering, the Customer will be able to access their account data and make changes or permanently delete them, as well as consult their orders, returns and communications with the company.

4. INFORMATION ABOUT CONTENT

4.1. Banema Studio reserves the right to modify at any time the information and commercial offer presented regarding products, prices, promotions, commercial conditions and services, with such changes being applicable only to future orders.

4.2. It is expressly forbidden to introduce links to the website, regardless of the intended purpose, without prior authorization from Banema Studio.

4.3. The use of the domain https://banemastudio.pt/ for abusive purposes, and without prior authorization, is subject to recourse to the competent legal means by Banema Studio.

4.4. If you find links on other websites that allow direct access to the Banema Studio website, the latter will not be responsible for their origin or the content contained therein.

4.5. Banema Studio assumes no responsibility for advertisements and campaigns that use the Banema brand without the express authorization and/or knowledge of the latter.

4.6. Under no circumstances should personal data, bank details be entered or products purchased or any service contracted, whenever there is knowledge or the situation is likely to generate suspicion regarding the possible fraudulent nature of the action, information or messages received.

4.7. Users of this website expressly accept and acknowledge that:

- The photographs presented on the website are for illustrative purposes only, and Customers should consult detailed information about the products and their respective characteristics/specifications;

- Banema Studio does not guarantee the existence of stock of the items included on the website, nor does it assume responsibility for items that are discontinued;

All technical specifications, measurements, plans and illustrations provided by the brands, contained in their catalogues, price lists and advertising material, are for general description purposes only and are only approximate, and do not bind Banema SA in any way.

5. LINKS TO AND FROM THE WEBSITE

5.1. The Client who has a personal website on the Internet and who wishes to place, for personal use, on his/her website, a simple direct hyperlink to the homepage of the Banema Studio website must, without fail, request express authorization from the latter. In this case, there will be no implicit agreement of affiliation or partnership.

5.2. On the other hand, any hypertext link directed to the website, using the framing or in-line linking technique is formally prohibited.

5.3. In any case, any hyperlink, even if tacitly authorized, must be removed whenever there is a simple request from Banema Studio.

5.4. If the website contains links to other pages and materials from third parties, these are provided for information purposes only, and Banema Studio is not responsible in any way for the content of said pages or materials. Consequently, Banema Studio is not responsible for any damage resulting from their use.

6. PRICES, PROMOTIONAL CAMPAIGNS AND PAYMENT

6.1. Prices appearing on websites, commercial establishments, tables, quotes and proposals from Banema Studio are presented in euros (EUR) and include the Value Added Tax (VAT) in force at the time.

6.2. The prices announced under the terms of the previous clause are valid at the time of consultation, except in the event of printing or typographical errors or stock shortages, for which Banema Studio is not responsible.

6.3. Banema Studio reserves the right to change the advertised sales prices without prior notice, with the new prices applying to purchases made and orders submitted from the date of the change.

6.4. Banema Studio reserves the right to change the campaigns currently announced without prior notice.

6.5. In the case of products that are in stock, the purchase will only be considered completed when the full value of the goods has been paid.

6.6. In the case of products that must be ordered from a supplier, the Customer must pay 50% of the value of the product at the time of award, with the remaining amount being paid upon confirmation of the arrival of the product.

6.7. The available payment methods are as follows:

• MbWay;

• ATM;

• Paypal;

• Credit card;

• Bank transfer: IBAN PT50.0033.0000.45484854038.05

7. ORDERS AND SHIPPING

7.1. All orders placed are subject to express or tacit acceptance by Banema Studio.

7.2. The processing of any order is subject to prior payment of the price, unless expressly stated otherwise.

7.3. The cancellation of an order, the change in the quantities or qualities of the goods ordered by the Customer during the processing period requires validation by Banema Studio.

7.4. The modification, at the initiative of Banema Studio, of quantities or qualities of the products ordered, depends on the express acceptance of the Customer and may result in the alteration of the agreed contractual services.

7.5. When there is no set date for delivery of the goods in contracts concluded with consumers, Banema Studio undertakes to deliver the goods to the end consumer within a maximum period of 30 (thirty) days after the conclusion of the contract.

7.6. Orders (in whole or in part) will be dispatched subject to the availability of the goods ordered at the time. The Customer is responsible for checking that the goods ordered are suitable and sufficient for their purpose.

7.7. Upon request from the Customer and approval of the quote given by the carrier contracted by Banema Studio for this purpose, delivery will be made to the facilities specified in the order and confirmed in writing.

7.8. With regard to deliveries of products that are produced and shipped directly from the supplier, the arrival and delivery of the goods will occur within a period of between 4 (four) and 8 (eight) weeks.

7.9. All delivery dates are estimates only, and Banema Studio is not responsible for any delays in production and delivery made by its suppliers.

7.10. The consumer is responsible for the transportation costs of the equipment purchased from Banema Studio.

7.11. In the case of a Customer who is considered a consumer for all legal purposes, the risk of loss or damage to the goods is transferred to the consumer when the consumer or a third party indicated by the consumer, other than the carrier, acquires physical possession of the goods.

7.12. If the consumer entrusts the transport to a person other than the one proposed by Banema Studio, the risk transfers to the consumer upon delivery of the goods to the carrier.

7.13. If the Customer is not considered a final consumer and has requested the transportation of the goods, the risk of loss or perishability of the goods during transportation is borne by the Customer.

7.14. In any case, the Customer must check the conformity of the goods received, in particular the condition of the packaging and the number of volumes received and, if the goods arrive damaged or the volumes do not correspond to the number indicated on the carrier's note, this fact must be recorded on the delivery note.

7.15. In the event of damage caused during transport, the Customer must inform Banema Studio of the damage caused within a maximum period of 5 (five) days from the date of receipt of the product.

7.16. Failure to comply with the procedures indicated in points 7.14. to 7.15. gives Banema Studio the right to refuse the complaint submitted.

8. LEGAL WARRANTY

8.1. In the case of a sale made by Banema Studio to a Customer who is considered a consumer under the legal terms in force, Banema Studio guarantees, free of charge, that the goods will be restored to conformity with the contract, when the lack of conformity becomes apparent within a period of 3 (three) years from the date of delivery of the goods, in the case of contracts concluded from 1 January 2022.

8.2. For the purposes of applying Clause 8.1., during the third year in which the legal guarantee is in force, it is the consumer's responsibility to prove that the lack of conformity existed on the date of delivery of the goods, in accordance with the legally applicable legislation.

8.3. In the case of a sale made by Banema Studio to a customer who is considered a consumer under the legal terms in force, Banema Studio guarantees the replacement, free of charge, of the conformity of the good with the contract, when the lack of conformity is manifested within a period of 2 (two) years from the date of delivery of the good, in the case of contracts concluded before January 1, 2022.

8.4. In the case of any person, legal or natural, who enters into a contract with Banema Studio for the supply of goods or services, of a commercial nature, with the goods supplied or services rendered intended for a purpose related to the commercial or professional activity carried out by the Customer, Banema Studio guarantees, in accordance with the applicable legislation, a 6 (six) month legal guarantee after delivery of the goods, and any possible defect must be communicated to Banema Studio within a maximum period of 30 (thirty) days after becoming aware of it.

8.5. If a non-conformity situation is detected in the item, it must be reported to Banema Studio.

8.6. In any case, Banema Studio reserves the right to inspect the item and determine whether there is a defect and its origin.

8.7. The communication referred to in point 8.5. is made by email to the following address geral@banemastudio.pt, and must be accompanied by a brief description of the problem, the respective invoice or equivalent document proving the purchase of the item by the consumer.

8.9. In the case of a sale made by Banema Studio to a Customer who is considered a consumer under the legal terms in force, once the existence of the non-conformity has been verified, and is not due to any cause attributable to the consumer that occurred after delivery, Banema Studio ensures the end consumer the repair or replacement of the good, reduction of the price or termination of the contract, under the applicable legal terms. In any case, if the contract was concluded after January 1, 2022, the end consumer may directly opt for the replacement of the good or termination of the contract if the lack of conformity becomes apparent within the first 30 (thirty) days from delivery of the good.

8.10. Banema Studio guarantees the end consumer the transportation costs arising from the replacement of conformity of goods covered by the legal guarantee.

8.11. In the case of any person, legal or natural, who enters into a contract with Banema Studio for the supply of goods or services, of a commercial nature, with the goods supplied or services provided intended for a purpose related to the commercial or professional activity carried out by the Customer, the orders cannot be cancelled/changed.

9. RETURN AND RIGHT OF FREE TERMINATION

9.1. Under no circumstances will returns be accepted for incomplete items, items with signs of improper use or items whose handling exceeds that considered normally permitted.

9.2. In the case of purchases made online by someone who is considered a consumer under the applicable legal terms, the consumer has a period of 14 (fourteen) days, counted from the date of receipt of the goods by the consumer or a third party indicated by the consumer, to terminate the contract.

9.3. The consumer's right to free resolution is exercised through written communication sent to geral@banemastudio.pt.

9.4. In the event of free resolution, the consumer will be responsible for bearing the transport costs related to the return of the goods.

9.5. Refunds of payments will be made by Banema Studio using the same payment method used by the consumer in the transaction, unless expressly agreed otherwise, within 14 (fourteen) days from the date on which the consumer is informed of the decision to terminate the contract.

9.6. Unless expressly agreed by Banema Studio, the consumer may not freely terminate, in particular, contracts for:

a) Supply of goods made according to the consumer's specifications, clearly personalized and, also, products specifically ordered at the consumer's request;

b) Supply of goods which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly;

c) Supply of sealed goods that cannot be returned for health protection or hygiene reasons when opened after delivery, namely all products that are in direct contact with parts of the body, namely soaps or oils, as well as perfumes and creams;

d) Supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

e) Provision of repair or maintenance services to be carried out at the consumer's home at the consumer's request.

9.7. In any case, the return is subject to prior acceptance by Banema Studio, which reserves the right to analyze the product and determine whether it meets the requirements for it to be returned.

9.8. If the Customer is not considered a consumer under the legal terms in force, he/she may only return the product if there is a defect, and must send Banema Studio a written description of the defect accompanied by images that prove it, and such defect must be validated by Banema Studio.

9.9. If the Customer is not considered a consumer and does not accept delivery of the product when it is ready for delivery:

- The goods will be invoiced and considered to have been delivered;

- The risk of the goods will be immediately transferred to the Customer;

- Banema Studio will store the goods until delivery. If the goods are not collected within 15 (fifteen) days, a storage fee of €10/day will be charged.

9.10. If Banema Studio verifies the defect reported by the Customer under clause 9.8, after receiving the same and verifying that it is in perfect condition, Banema Studio will refund the price paid by the Customer or, alternatively, issue a credit note, if Banema Studio does not proceed with the refund in relation to customers who are not consumers.

9.11. By reference to Clause 9.7., the costs of collecting the goods to be returned will be the responsibility of the Customer, as well as compliance with the requirements for their respective transportation and accompanying of the due documents, under the terms of Decree-Law No. 147/2003, of July 11, and other applicable legislation.

9.12. In the event of non-compliance, Banema Studio disclaims any liability and reserves the right to transfer any penalties or fines arising therefrom to the Customer who is not the end consumer.

10. PRODUCT SPECIFICATIONS

Product specifications contained, in particular, on product pages, catalogues, quotes or any other sales literature made available by Banema Studio or its suppliers are valid at the time of consultation or during the period defined in these instruments, and Banema Studio is not responsible for any errors or obvious and evident lapses.

11. WAIVER

11.1. Any failure by Banema Studio to require strict compliance by the Client with any of the obligations set forth in these Terms and Conditions or any contract established between the parties, or the failure by Banema Studio to exercise the rights or actions that are due/recognized by virtue of these Terms and Conditions or any contract shall not be construed as meaning a waiver or limitation of such rights or actions, nor shall it exonerate the Client from fulfilling its obligations.

11.2. No waiver by Banema Studio of any clause of these Terms and Conditions or of the rights or actions arising from the execution of a contract shall have effect unless it is expressly established that it is a waiver.

11.3. Such waiver must be formalized and communicated to the Client in writing and in a durable format.

12. LIABILITY

12.1. All products sold by Banema Studio comply with Portuguese legislation.

12.2. Banema Studio declines any responsibility in the event of violation of the legislation of the country where the order is delivered, and it is the Customer's responsibility to verify the conditions of import or use of the Products they wish to order.

13. COMPLAINTS

Any other complaints regarding products delivered by Banema Studio or regarding contracts entered into must be communicated to the same, in writing, via the following email address geral@banemastudio.pt, which must be done within a maximum period of 4 (four) days from the event that gave rise to the Complaint.

14. APPLICABLE LAW AND JURISDICTION AGREEMENT

14.1. These Terms and Conditions, as well as any additional clauses inserted in specific supply contracts, are governed by Portuguese law.

14.2. For all contentious issues arising from any supply made, the Portuguese Courts will be competent, with the Customer accepting the choice of the jurisdiction of the district of Porto, expressly waiving any other.

15. ALTERNATIVE DISPUTE RESOLUTION

15.1. Consumer disputes of low economic value (those whose value does not amount to 5,000.00 Euros) are subject to mandatory arbitration or mediation carried out by Alternative Dispute Resolution Entities (ADR Entities), in accordance with current legislation.

15.2. The RAL entities available for the alternative resolution of consumer disputes are the following:

1. National Center for Information and Arbitration of Consumer Conflicts (CNIACC) - http://www.arbitragemdeconsumo.org/;

2. Consumer Conflict Arbitration Center of the Coimbra Region (CACRC) - https://cacrc.pt/;

3. Lisbon Consumer Conflict Arbitration Center (CACCL) - http://www.centroarbitragemlisboa.pt;

4. Arbitration Center of the Autonomous University of Lisbon (CAUAL) - https://arbitragem.autonoma.pt/;

5. Consumer Conflict Arbitration Center of the Autonomous Region of Madeira (CACC RAM) - http://www.srrh.gov-madeira.pt/cacc;

6. Porto Consumer Information and Arbitration Center (CICAP) - http://www.cicap.pt;

7. Ave, Tâmega and Sousa Consumer Conflict Arbitration Center (TRIAVE) - http://www.triave.pt;

8. Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court) (CIAB) - http://www.ciab.pt;

9. Algarve Information, Mediation and Arbitration Centre (CIMAAL) - http://www.consumidoronline.pt./

16. PROCESSING OF PERSONAL DATA

Personal data required for the execution and conclusion of commercial transactions will be processed in accordance with the Privacy Policy available at www.banemastudio.pt.

17. FINAL PROVISIONS

17.1. When placing an order, the Customer is aware that he/she must comply with these Terms and Conditions as well as the Privacy and Cookies Policy.

17.2. These Terms and Conditions replace any others previously in force, as well as any other pact, agreement or promise established between Banema Studio and the Client prior to their entry into force, unless expressly agreed otherwise.

17.3. These Terms and Conditions differ from the Terms and Conditions applicable to Banema stores.

17.4. If one of the clauses of these Terms and Conditions becomes null and void, due to a legislative or regulatory change or by court ruling, this will not prevent the remaining Terms and Conditions from remaining in force, and will not be affected by such declaration of nullity.

17.5. Should any queries arise regarding these Terms and Conditions, our Privacy and Cookies Policy, the Customer may contact our Customer Support services through the following means:

• Email: geral@banemastudio.pt;

• Telephone contact: (+351) 227 661 910 (call to national landline network).

TERMS AND CONDITIONS - BANEMA STUDIO (PHYSICAL STORES)

1. PREVIOUS INFORMATION

1.1. This document establishes the conditions associated with contracts entered into with Banema Studio, through its duly identified physical stores, coming into force on 12/01/2024.

1.2. These Terms and Conditions apply to all Customers who establish commercial relations with Banema Studio.

1.4. Whenever justified, Banema Studio reserves the right to change these Terms and Conditions, with a new version being made available for consultation. Changes to these Terms and Conditions will only apply to contracts concluded after their publication.

2. INFORMATION ABOUT CONTENT

2.1. Banema Studio reserves the right to modify at any time the information and commercial offer presented regarding products, prices, promotions, commercial conditions and services, with such changes being applicable only to future orders.

2.2. Banema Studio assumes no responsibility for advertisements and campaigns that use the Banema brand without the express authorization and/or knowledge of the latter.

3. PRICES, PROMOTIONAL CAMPAIGNS AND PAYMENT

3.1. Prices appearing on websites, commercial establishments, tables, quotes and proposals from Banema Studio are presented in euros (EUR) and include the Value Added Tax (VAT) in force at the time.

3.2. The prices announced under the terms of the previous clause are valid at the time of consultation, except in the event of printing or typographical errors or stock shortages, for which Banema Studio is not responsible.

3.3. Banema Studio reserves the right to change the advertised sales prices without prior notice, with the new prices applying to purchases made from the date of the change.

3.4. Banema Studio reserves the right to change the campaigns currently announced without prior notice.

3.5. In the case of products that are in stock, the purchase will only be considered completed when the full value of the item has been paid.

3.6. In the case of products that must be ordered from a supplier, the Customer must pay 50% of the value of the product at the time of award, with the remaining amount being paid upon confirmation of the arrival of the product.

3.7. The available payment methods are as follows:

• Cash;

• MbWay;

• ATM;

• Credit card;

• Bank transfer: IBAN PT50.0033.0000.45484854038.05

4. ORDERS AND SHIPPING

4.1. All orders placed are subject to express or tacit acceptance by Banema Studio.

4.2. The processing of any order is subject to prior payment of the price, unless expressly stated otherwise.

4.3. The cancellation of an order, the change in the quantities or qualities of the goods ordered by the Customer during the processing period requires validation by Banema Studio.

4.4. The modification, at the initiative of Banema Studio, of quantities or qualities of the products ordered, depends on the express acceptance of the Customer and may result in the alteration of the agreed contractual services.

4.5. When there is no set date for delivery of the goods in contracts concluded with consumers, Banema Studio undertakes to deliver the goods to the end consumer within a maximum period of 30 (thirty) days after the conclusion of the contract.

4.6. Orders (in whole or in part) will be shipped subject to the availability of the goods ordered at the time. The Customer is responsible for checking that the goods ordered are suitable and sufficient for their purpose.

4.7. Upon request from the Customer and approval of the quote given by the carrier contracted by Banema Studio for this purpose, delivery will be made to the facilities specified in the order and confirmed in writing.

4.8. With regard to deliveries of products that are produced and shipped directly from the supplier, the arrival and delivery of the goods will occur within a period of between 4 (four) and 8 (eight) weeks.

4.9. All delivery dates are estimates only, and Banema Studio is not responsible for any delays in production and delivery made by its suppliers.

4.10. The consumer is responsible for the transportation costs of equipment purchased from Banema Studio.

4.11. In the case of a Customer who is considered a consumer for all legal purposes, the risk of loss or damage to the goods is transferred to the consumer when the consumer or a third party indicated by the consumer, other than the carrier, acquires physical possession of the goods.

4.12. If the consumer entrusts the transport to a person other than the one proposed by Banema Studio, the risk transfers to the consumer upon delivery of the goods to the carrier.

4.13. If the Customer is not considered a final consumer and has requested the transportation of the goods, the risk of loss or perishability of the goods during transportation is borne by the Customer.

4.14. In any case, the Customer must check the conformity of the goods received, in particular the condition of the packaging and the number of volumes received and, if the goods arrive damaged or the volumes do not correspond to the number indicated on the carrier's note, this fact must be recorded on the delivery note.

4.15. In the event of damage caused during transportation, the Customer must inform Banema Studio of the damage caused within a maximum period of 5 (five) days from the date of receipt of the product.

4.16. Failure to comply with the procedures indicated in points 4.14. to 4.15. gives Banema Studio the right to refuse the complaint submitted.

5. LEGAL WARRANTY

5.1. In the case of a sale made by Banema Studio to a Customer who is considered a consumer under the legal terms in force, Banema Studio guarantees, free of charge, that the goods will be restored to conformity with the contract, when the lack of conformity becomes apparent within a period of 3 (three) years from the date of delivery of the goods, in the case of contracts concluded from 1 January 2022.

5.2. For the purposes of applying Clause 8.1., during the third year in which the legal guarantee is in force, it is the consumer's responsibility to prove that the lack of conformity existed on the date of delivery of the goods, in accordance with the legally applicable legislation.

5.3. In the case of a sale made by Banema Studio to a customer who is considered a consumer under the legal terms in force, Banema guarantees the replacement, free of charge, of the conformity of the good with the contract, when the lack of conformity is manifested within a period of 2 (two) years from the date of delivery of the good, in the case of contracts concluded before January 1, 2022.

5.4. In the case of any person, legal or natural, who enters into a contract with Banema Studio for the supply of goods or services, of a commercial nature, with the goods supplied or services provided intended for a purpose related to the commercial or professional activity carried out by the Customer, Banema Studio guarantees, in accordance with the applicable legislation, a 6 (six) month legal guarantee after delivery of the goods, and any possible defect must be communicated to Banema Studio within a maximum period of 30 (thirty) days after becoming aware of it.

5.5. If a non-conformity situation is detected in the item, it must be reported to Banema Studio.

5.6. In any case, Banema Studio reserves the right to inspect the item and determine whether there is a defect and its origin.

5.7. The communication referred to in point 5.5. is made by email to the following address geral@banemastudio.pt, and must be accompanied by a brief description of the problem, the respective invoice or equivalent document proving the purchase of the item by the consumer.

5.8. In the case of a sale made by Banema Studio to a Customer who is considered a consumer under the legal terms in force, once the existence of the non-conformity has been verified, and is not due to any cause attributable to the consumer that occurred after delivery, Banema Studio guarantees the end consumer the repair or replacement of the good, reduction of the price or termination of the contract, under the applicable legal terms. In any case, if the contract was concluded after January 1, 2022, the end consumer may directly opt for the replacement of the good or termination of the contract if the lack of conformity becomes apparent within the first 30 (thirty) days from delivery of the good.

5.9. Banema Studio guarantees the final consumer the transport costs arising from the replacement of conformity of goods covered by the legal guarantee.

5.10. In the case of any person, legal or natural, who enters into a contract with Banema Studio for the supply of goods or services, of a commercial nature, with the goods supplied or services rendered intended for a purpose related to the commercial or professional activity carried out by the Customer, the orders cannot be cancelled/changed.

6. RETURN AND RIGHT OF FREE TERMINATION

6.1. Under no circumstances will returns be accepted for incomplete items, items with signs of improper use or items whose handling exceeds that considered normally permitted.

6.2. If the Customer is not considered a consumer under the legal terms in force, he/she may only return the product if there is a defect, and must send Banema Studio a written description of the defect accompanied by images that prove it, and such defect must be validated by Banema Studio.

6.3. If the Customer is not considered a consumer and does not accept delivery of the product when it is ready for delivery:

- The goods will be invoiced and considered to have been delivered;

- The risk of the goods will be immediately transferred to the Customer;

- Banema Studio will store the goods until delivery. If the goods are not collected within 15 (fifteen) days, a storage fee of €10/day will be charged.

6.4. In the event that Banema Studio verifies the defect reported by the Customer under clause 6.2., after receiving the same and verifying that it is in perfect condition, Banema Studio will refund the price paid by the Customer or, alternatively, issue a credit note, if Banema Studio does not proceed with the refund in relation to customers who are not consumers.

6.5. The costs of collecting the goods to be returned will be the responsibility of the Customer, as well as compliance with the requirements for their respective transportation and accompanying of the necessary documents, in accordance with Decree-Law No. 147/2003, of July 11, and other applicable legislation.

6.6. In the event of non-compliance, Banema Studio disclaims any liability and reserves the right to transfer any penalties or fines arising therefrom to the Customer who is not the end consumer.

7. PRODUCT SPECIFICATIONS

8. WAIVER

8.1. Any failure by Banema Studio to require strict compliance by the Client with any of the obligations set forth in these Terms and Conditions or any contract established between the parties, or the failure by Banema Studio to exercise the rights or actions that are due/recognized by virtue of these Terms and Conditions or any contract shall not be construed as meaning a waiver or limitation of such rights or actions, nor shall it exonerate the Client from fulfilling its obligations.

8.2. No waiver by Banema Studio of any clause of these Terms and Conditions or of the rights or actions arising from the execution of a contract shall have effect unless it is expressly established that it is a waiver.

8.3. Such waiver must be formalized and communicated to the Client in writing and in a durable format.

9. LIABILITY

9.1. All products sold by Banema Studio comply with Portuguese legislation.

9.2. Banema Studio declines any responsibility in the event of violation of the legislation of the country where the order is delivered, and it is the Customer's responsibility to verify the conditions of import or use of the Products they wish to order.

10. COMPLAINTS

11. APPLICABLE LAW AND JURISDICTION AGREEMENT

11.1. These Terms and Conditions, as well as any additional clauses inserted in specific supply contracts, are governed by Portuguese law.

11.2. For all contentious issues arising from any supply made, the Portuguese Courts will be competent, with the Customer accepting the choice of the jurisdiction of the district of Porto, expressly waiving any other.

12. ALTERNATIVE DISPUTE RESOLUTION

12.1. Consumer disputes of low economic value (those whose value does not amount to 5,000.00 Euros) are subject to mandatory arbitration or mediation carried out by Alternative Dispute Resolution Entities (ADR Entities), in accordance with current legislation.

12.2. The RAL entities available for the alternative resolution of consumer disputes are the following: