BESTOFGIFTS - INTERNACIONAL GIFTS, UNIPESSOAL LDA, with registered office at Zona Industrial da Poupa 2, Rua B n.º 92, 4780-321 - Santo Tirso, NIPC/NIF 509 896 812, operating in the sector of import, commercialisation, manufacturing, personalisation and distribution of promotional gifts, customised textiles, merchandising and advertising materials, operates commercially under the name Best Of Gifts, hereinafter referred to as the Company.

General contact: [email protected]

Telephone: FR: +33 (0)1 87 39 98 52 | ES: +34 910 192 583

Website: www.bestofgifts.eu

2.1. These Terms and Conditions apply to all quotations, quotations, orders, sales, supplies, productions, personalisations and deliveries carried out by the Company.

2.2. The Company markets to clients in Portugal, Spain and France, and may sell to companies, professionals, institutions and, where applicable, to end consumers. Delivery may be made to countries within the European Union, with the exception of Cyprus, Malta, Andorra, Melilla, Canary Islands and Ceuta. For deliveries outside these conditions, the client must contact via email: [email protected]

2.3. Where the client is a company, professional or legal entity, these conditions govern the commercial relationship on a priority basis.

2.4. Where the client is an end consumer, these Terms apply without prejudice to mandatory consumer protection rules applicable in the country of sale or the consumer’s habitual residence.

3.1. The Company exclusively markets customised products, including made-to-order items, materials adapted to the client’s visual identity and associated services of design, file preparation, sampling, personalisation, production, packaging and logistics.

3.2. Images, photographs, simulations, renders, mockups, samples, videos, layouts, descriptions and promotional materials presented on the website, in catalogues or in commercial quotations are purely illustrative and indicative.

3.3. Reasonable variations in colour, texture, scale, positioning, finish, packaging, cutting, stitching, engraving or printing may occur, resulting from the nature of the materials, production method, type of substrate or technical tolerances of the sector.

4.1. Unless otherwise stated in writing, quotations are valid for 15 days.

4.2. An order is only deemed accepted after confirmation of payment, with production starting after final approval of the artwork/mock-up by the client.

4.3. The Company reserves the right to refuse orders for technical, operational, legal, stock-related, commercial risk, production impossibility or previous client default reasons.

4.4. Any change after award may result in price revision, extension of delivery time or reformulation of the quotation.

5.1. Prices are those stated in the quotation or commercial confirmation issued by the Company.

5.2. Unless expressly stated otherwise, prices are subject to VAT or legally applicable tax at the rate in force in Portugal.

5.3. Transport, special packaging, palletisation, insurance, urgency, physical samples, customs duties, local taxes, additional design, file changes or other complementary services may be invoiced separately.

5.4. In the event of extraordinary and unforeseeable increases in transport, raw materials, energy, exchange rates, taxes or legal charges directly affecting the execution of the order, the Company reserves the right to revise prices upon notice to the client.

6.1. Payment conditions will be presented at checkout, after confirmation of products in the shopping cart, or after approval of the quotation by the client.

6.2. Unless otherwise agreed in writing, production of customised items may only begin after payment.

6.3. Failure to pay any due amount to the Company Group on time entitles the Company to suspend ongoing orders, retain deliveries, cancel future supplies and demand immediate payment of all outstanding amounts.

6.4. In B2B relationships, late payment entitles the Company to statutory interest as well as legally admissible compensation for recovery costs.

Ownership of the goods supplied shall only transfer to the client after full payment of all amounts due to the Company, even if the goods have already been delivered or made available.

8.1. The client is solely responsible for all texts, images, trademarks, logos, graphic elements, slogans, instructions, content, layouts and files provided to the Company.

8.2. The client declares and warrants that they hold all rights, licences, permissions and authorisations necessary to use the materials provided.

8.3. The Company is not obliged to verify ownership of copyright, trademark rights, image rights, usage licences, regulatory compliance or legality of the content provided by the client.

8.4. The client undertakes to fully indemnify the Company against any claims, damages, costs, fines, expenses, losses or legal or extrajudicial proceedings arising from the use of materials provided or approved by them.

9.1. Where applicable, the Company may send a digital proof, mock-up, sample, technical sheet or simulation for client validation.

9.2. Written approval by the client, by email, message or other verifiable means, shall constitute final acceptance of spelling, wording, dimensions, positioning, composition, product choice, approximate colour and all other visible or technically approvable elements.

9.3. After final approval, the Company shall not be responsible for errors that were detectable at that stage and not identified by the client.

9.4. Changes requested after approval may result in additional costs, delays and possible waste of prepared work or materials.

10.1. For customised items, exact correspondence between on-screen display, digital proofs, samples, Pantone references, final fabric, production batch and final result in printing, embroidery, engraving, screen printing, sublimation, DTF, UV, pad printing or other processes is not guaranteed.

10.2. Normal and reasonable production variations are acceptable in colour, cutting, stitching, finishing, alignment, weight, thickness, texture, gloss, positioning of personalisation and quantity.

10.3. For mass production orders, a quantity tolerance of up to 5% more or less is acceptable, and the actual quantity produced or delivered will be invoiced, unless otherwise agreed in writing.

10.4. Differences between batches, shipments, re-editions or restocking do not in themselves constitute a defect or non-conformity.

10.5. Personalisation must correspond to a single print per location. If the client wishes different artwork/text to be printed in the same location on the same product, they must add the product again to the shopping cart, indicating the desired personalisation. Any product of the ALLBEST brand is excluded from this condition, provided that the print artwork is identical; variations only in name and/or printed number will be considered included in the product price.

11.1. All orders are subject to stock availability and technical feasibility of production.

11.2. In the event of stock shortage, discontinuation, supplier delay, import impossibility, logistical impossibility or technical infeasibility, the Company may:

a) propose an equivalent product;

b) reschedule the delivery time;

c) cancel the order in whole or in part.

11.3. In such cases, the Company’s liability is limited to refunding any amount received relating to the unfulfilled part of the order, without additional compensation.

12.1. The indicated deadlines are purely indicative, counted in working days and depend on receipt of all elements necessary for execution of the order, including payment, approval, final files and correct addresses.

12.2. The Company is not responsible for delays attributable to third parties, including carriers, customs, suppliers, strikes, energy failures, supply shortages, weather events, acts of authority, cyber incidents or force majeure.

12.3. No urgent deadline is binding without express written acceptance by the Company.

13.1. Unless otherwise agreed in writing, risk transfers to the client upon delivery of the goods to the carrier, logistics operator or upon collection at the Company’s premises.

13.2. The client must inspect the goods upon receipt, confirming quantities, visible damage, packaging integrity and apparent conformity.

13.3. Any transport damage or anomaly must be noted on the carrier’s document and reported in writing to Best Of Gifts within a maximum of 48 hours after receipt, failing which delivery shall be deemed compliant.

14.1. Complaints regarding apparent defects, visible personalisation errors, external damage, quantity shortages or observable non-conformity must be submitted in writing within a maximum of 5 working days after receipt.

14.2. The complaint must include photographs, an objective description of the issue, order reference and other relevant supporting evidence.

14.3. Use, distribution, resale, transformation or application of the product without prior reservation may limit or exclude the possibility of complaint, unless applicable law provides otherwise.

14.4. No returns may be made without prior written authorisation from the Company.

15.1. Orders for customised goods, made-to-measure items, made-to-order products, printed, engraved, embroidered, adapted or configured according to client instructions cannot be freely cancelled, returned or exchanged after production has begun, except in the case of error attributable to the Company or mandatory legal right.

15.2. In case of cancellation after award, the Company may invoice all work already carried out, including design, proofs, technical preparation, ordered raw materials, production time, external services and administrative costs.

15.3. Customised products cannot be returned except in the case of defect or non-conformity.

15.4. For non-customised products, acceptance of returns is always subject to prior authorisation, verification of the product’s new condition and integrity of original packaging.

16.1. The Company guarantees that products will be supplied substantially in accordance with approved specifications and within normal technical tolerances of the sector.

16.2. The following are excluded from the Company’s liability:

a) client files, instructions, content or approvals;

b) normal wear and tear;

c) improper use;

d) incorrect washing, maintenance, application or storage;

e) third-party intervention or alteration;

f) normal differences in material, batch or technique.

16.3. Where a defect is attributable to the Company, it may choose to repair, reproduce, replace, partially credit or refund the non-conforming part, within legally permissible limits.

17.1. To the fullest extent permitted by law, the Company’s total liability per order is limited to the amount actually paid by the client for the order in question.

17.2. We are not responsible for any tax or administrative non-compliance resulting from the client indicating a business profile with VAT number validated in VIES when the provided tax address differs from that registered in VIES.

17.3. The Company shall not be liable for loss of profit, indirect damages, loss of opportunity, campaign loss, reputational damage, loss of business, penalties assumed by the client towards third parties or any consequential damage.

17.4. The Company does not guarantee any advertising, promotional or commercial results arising from the use of supplied products.

17.5. Nothing in these Terms excludes rights or liabilities that cannot be waived under law.

The Company shall not be liable for failure or delay caused by unforeseeable or unavoidable events beyond its reasonable control, including strikes, fire, flood, pandemic, war, raw material shortages, logistical failures, governmental acts, customs restrictions or cyberattacks.

19.1. Unless otherwise agreed in writing, all rights relating to quotations, proofs, layouts, technical sheets, samples, mockups, catalogues, presentations and content created by the Company belong to the Company.

19.2. The client may not reproduce, assign, disclose or exploit such elements outside the contractual relationship without written authorisation.

20.1. The Company processes personal data to the extent necessary for managing requests, quotations, orders, invoicing, logistics, customer support, legal compliance and, where permissible, commercial communications. Preference, analytical and marketing data will only be activated after prior, free, specific, informed and unambiguous consent of the user where legally required. Such consent may be withdrawn at any time in writing via email: [email protected]

20.2. Processing shall be carried out on an appropriate legal basis, including contract performance, pre-contractual measures, legal obligations, legitimate interest or consent where required.

20.3. Data will be retained for the period strictly necessary to fulfil legal and contractual purposes. After that, or where processing is based on consent, the client may withdraw consent at any time.

20.4. Data subjects may exercise their rights under applicable law via contact at [email protected].

20.5. Detailed information is set out in the Company’s Privacy Policy and Cookie Policy.

21.1. The availability of products on the website does not in itself constitute automatic acceptance of an order.

21.2. The Company reserves the right to correct obvious errors in description, photography, price, deadline, stock, characteristics or other information published online.

21.3. The client undertakes to provide accurate, complete and up-to-date information.

22.1. In both B2B and consumer relationships, unless otherwise required by mandatory provisions, these Terms are governed by Portuguese law.

22.2. For B2B disputes, jurisdiction lies with the courts of Santo Tirso, with express waiver of any other, unless mandatory law provides otherwise.

22.3. Where the client is an end consumer, all mandatory rights under applicable consumer protection law, competent jurisdiction and alternative dispute resolution mechanisms are preserved.

22.4. The Company always prioritises amicable resolution of any dispute.

23.1. The possible invalidity of any clause does not affect the validity of the remaining provisions.

23.2. The Company’s tolerance of any breach does not constitute a waiver of its rights.

23.3. The Company may update these Terms and Conditions, such changes taking effect upon publication or communication for new orders.