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TERMS & CONDITIONS

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automatically agree to the terms & conditions.

Penha Duty Free
VERSION 1.1 UPDATED APRIL 26, 2020.

1. IN GENERAL

1.1 These terms and conditions are applicable to Penha Duty Free’s online stores. The terms and conditions are available for everyone on the website http://www.penhadutyfree.com.

1.2 IDENTITY OF THE COMPANY

Penha Duty Free
Heerenstraat 1
Willemstad
Curacao

E-mail address: info@penhadutyfree.com

1.3 To place an order with Penha Duty Free, the buyer must be at least 16 years old. By placing an order the buyer acknowledges to have read and accepted the terms and conditions. Penha Duty Free reserves the right to change the terms and conditions.
1.4 Unless otherwise agreed upon in writing, the terms and conditions of third parties will not be recognized.
1.5 Penha Duty Free guarantees that the delivered product(s) is in correspondence with the agreement and meets the specifications mentioned in the offer.

2. DELIVERY

2.1 All orders are subject to availability.
2.2 All orders will be carried out within 2 business days.
If this is not possible, because the product is not in stock, the product is no longer available, the order cannot be carried out, part of the order cannot be carried out or it is delayed for any other reason, the customer will be notified within 2 business days after placing the order and has the right to cancel the order without any costs or notice of default.
2.3 The address given by the customer to the company will count as place of delivery.
2.4 Penha Duty Free will have met the obligation to deliver, in absence of proof of the contrary, when Penha Duty Free has offered the ordered product(s) once to the customer. When delivered to a home address the carriers report, withholding refusal of acceptance, will be proof of offering the product(s).
2.5 All deadlines, mentioned on the website, are an indication. No rights can be derived from the mentioned deadlines.

3. PRICING

3.1 The website may contain typographical errors or other errors or inaccuracies. Penha Duty Free therefore reserves the right to correct any errors or inaccuracies and change or update information at any time without prior notice. Penha Duty Free cannot be held accountable for the consequences of these typographical errors, other errors or inaccuracies.
3.3 Prices are shown in US Dollars and can be adjusted to local currencies manually by the buyer. Shipping costs will be charged in addition; additional charges are clearly displayed where applicable and are included in the total costs.

4. RIGHT OF WITHDRAWAL

4.1 The customer has the right to return the delivered product(s) or part of the delivered product(s) within 14 days without giving any reason. This period starts at the moment the product(s) has been delivered. If the customer has not returned the product(s) within this period, the customer cannot do so anymore. To return the product(s), they must be in the original packaging, unopened, all tags and labels attached and be in new condition. Customer also needs to present the original receipt. If the product(s) has been damaged in any way by the customer, the right to return the product(s) expires. Returning the delivered product(s) is at the expense and risk of the customer.
4.3 The right of withdrawal does not apply to the following kind of products: Products that have been made to meet customer’s specifications or which have been given a clear personalized character and products which cannot be returned due to health protection, hygiene protection or which can spoil quickly.
4.4 If the customer uses the right of withdrawal, the customer will be held accountable for the costs of returning the products.

5. CUSTOMER PRIVACY

5.1 If you place an order with Penha Duty Free, your personal details will be kept in our customer database. Penha Duty Free will not share your personal details with third parties. More information can be found in our Privacy Policy.
5.2 Penha Duty Free respects the privacy of the users of the website and will handle his/her personal details in confidentiality.
5.3 Penha Duty Free occasionally uses a mailing list. Every mailing includes instructions to remove yourself from this list.

6. Guarantee

6.1 Penha Duty Free guarantees that the delivered products are in correspondence with the requirements of function, reliability and lifespan as advertised online.
6.2 Penha Duty Free is not responsible for the actual suitability of the products, nor for advice regarding the use or application of the products.
6.3 The customer is obliged to check the products immediately after they have been delivered. If the delivered products appear to be incorrect, faulty or incomplete, the customer must report these defects to Penha Duty Free within 3 days. Returns must be brought back to store in the original packaging, unopened, all tags and labels attached and be in new condition. Usage after noticing any defects, damage after noticing any defects, encumbrance and/or resale after noticing any defects, will make the right to return the product(s) lapse.
6.4 If Penha Duty Free approves the complaint of the customer, Penha Duty Free will either replace the product(s) free of charge or agree upon a compensation with the customer. The responsibility of Penha Duty Free and the height of compensation is limited to the amount invoiced.. Penha Duty Free is not responsible for any other type of damage, including additional compensation in any form, compensation of indirect damage or consequential damage or damage by loss of profit.
6.5 Penha Duty Free is not accountable for purposely damaged products or deliberate recklessness.
6.6 This guarantee does not apply in the following cases: A) The customer has repaired and/or adapted or has had a third party repair and/or adapt the delivered product(s); B) The delivered product(s) have been exposed to abnormal circumstances or have been treated in a reckless way or have been treated differently than advised in the instructions on the package; C) The defects are entirely or partially the result of government regulations or acts of God.

7. SPECIAL OFFERS

7.1 At acceptance of a special offer by a buyer, Penha Duty Free reserves the right to withdraw or amend the offer within 3 working days after receiving the acceptance of offer.
7.2 Verbal agreements are only valid after these have been confirmed in writing.
7.3 Penha Duty Free’s special offers do not automatically apply to repeat orders.
7.4 Penha Duty Free cannot be obliged to offer a special offer, if a customer should have been able to understand that the special offer, or part of the offer, contained an obvious mistake or typographical error.
7.5 Complements, modifications and/or further agreements are only valid, if agreed upon in writing.

8. AGREEMENT

8.1 An agreement between Penha Duty Free and the customer is realized after Penha Duty Free has assessed the order.
8.2 Penha Duty Free reserves the right to refuse an order or only accept the order with the condition that the order has been paid in advance.
8.3 Penha Duty Free is entitled to conduct an inspection when an order has been paid by credit card or will be paid for after receiving the product(s). Based on this inspection, Penha Duty Free can choose to offer the customer an alternative payment method or cancel the order.

9. IMAGES & SPECIFICATIONS

9.1 All images; photos and specifications, for example; details about size, colors, images or labels, etc. on Penha Duty Free’s website are an indication and cannot be a reason to claim compensation or cancel the agreement.

10. FORCE MAJEURE

10.1 Penha Duty Free cannot be held accountable for delays or cancellations of orders due to circumstances beyond Penha Duty Free’s control.
10.2 The circumstances pertaining to force majeure are all unusual causes and circumstances, which should not belong to Penha Duty Free’s risks. Delays or non-fulfillment of obligations by Penha Duty Free’s suppliers, problems with the internet, electricity failures, problems with email traffic and failures or changes in technology supplied by third parties, problems in transport, strikes, government regulations, delays in supply, negligence of Penha Duty Free’s suppliers and/or manufacturers including other assistants, illness of employees and shortcomings in means of transport, acts of God, are all circumstances beyond Penha Duty Free’s control.
10.3 Penha Duty Free reserves the right to postpone its obligations and also has the right to cancel the agreement partially or entirely or modify the content of the agreement to make it possible to execute. In no case will Penha Duty Free be obliged to pay a fine or compensation.
10.4 In case Penha Duty Free cannot meet its obligations, or can only partially meet its obligations due to force majeure, Penha Duty Free must invoice the available part of the order separately and the customer is obliged to pay the invoice as if it were a separate contract. This does not apply if the available part of the order does not have any independent value.

11. RESPONSIBILITY

11.1 Penha Duty Free cannot be held accountable for damage to other objects due to incorrect use of the products.

12. RETENTION OF TITLE

12.1 Penha Duty Free retains legal ownership of the product(s) sold to the buyer until the buyer has paid the whole amount that is owed to Penha Duty Free according to the agreement, as long as the buyer has not met the obligation to execute the duties agreed upon in this or a similar agreement, and as long as the buyer fails to fulfill the obligations to pay the owed amount agreed upon in the agreement, which includes fines, interest and other costs.
12.2 The product(s) delivered by Penha Duty Free, to which the retention of title applies, are never allowed to be used as means of payment and can only be resold within the context of normal business implementation.
12.3 The buyer does not have the authority to sell nor harm the products, to which the retention of title applies, in any other way.
12.4 The buyer gives Penha Duty Free or a to be assigned by Penha Duty Free, third party, unconditionally and irrevocably permission, in all cases, in which Penha Duty Free wants to exert its retention of title, to go to all the places where Penha Duty Free’s products are located and take the products away.
12.5 If a third party seizes delivered products, to which the retention of title is applicable, or establishes rights on them, the buyer is obliged to notify Penha Duty Free as soon as possible.
12.6 The buyer obliges himself to insure the delivered products, to which the retention of title is applicable and to make sure the products remain insured for fire, explosion and water damage as well as for theft.

13. GOVERNING LAW AND JURISDICTION

13.1 These terms and conditions are to be construed in accordance with the laws of Curacao.
13.2 Any dispute or claim arising from an agreement between Penha Duty Free and a buyer, which cannot be solved in mutual agreement, shall be subject to the exclusive jurisdiction of the court.

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