1. SCOPE 1.1 LOBO YOU, LDA. is a legal entity registered in Portugal, under Portuguese Law. Hereinafter referred to as BOCA DO LOBO. 1.2 BOCA DO LOBO sells products covered by the “BOCA DO LOBO” trademark worldwide. BOCA DO LOBO Representatives are also entitled to sell as well as products from the following trademarks: Delightfull, Brabbu, Koket, Maison Valentina, Circu, Luxxu, Essential Home, Pullcast and Rugs’ Society. 1.3 Every product, drawing, sample, design, sketch, or product whatsoever designed, created, or produced by BOCA DO LOBO– hereinafter referred to as the PRODUCT. 1.4 Every private person, corporate entity, or registered company who enters into a legal transaction, hereinafter referred to as the CUSTOMER. 1.5 The ORDER is to be understood as a legal transaction regarding the acquisition of the PRODUCT or SERVICE by the CUSTOMER. 1.6 The REPRESENTATIVE is to be understood as a BOCA DO LOBO employee, with an official @bocadolobo.com email address. The CUSTOMER enters into a legal transaction with BOCA DO LOBO through the REPRESENTATIVE. 1.7 The Terms and Conditions are applicable to all transactions of BOCA DO LOBO, including but not limited to the following activities: Sales of Goods, Design Services, Product Assembly and Fitting. 1.8 The DATE OF PURCHASE is to be understood as the date that a pre-payment is received by BOCA DO LOBO. 1.9 BOCA DO LOBO reserves the right to not enter into a legal transaction with a CUSTOMER at its own discretion; 1.10 BOCA DO LOBO may modify these Terms and Conditions at any time. By entering into a legal transaction with BOCA DO LOBO, the CUSTOMER accept the Terms and Conditions in force at the DATE OF PURCHASE. 1.11 The Terms and Conditions in force on the DATE OF PURCHASE will be sent to the CUSTOMER. It is the responsibility of the CUSTOMER to confirm the possession the Terms of Conditions in force on the DATE OF PURCHASE. 1.12 The Terms and Conditions are published and updated on BOCA DO LOBO’s official website (www.bocadolobo. com) and on the official Pricelists for consultation. 2. ACCOUNTS 2.1 All accounts will only be registered once the first pro-forma is issued. CUSTOMER is required to provide valid Company information, including and not limited to: Billing name, Billing address, VAT number (Company Registration number or Resale number). A credit application accompanied by the client’s certificate of resale is required to open an account. Open credit terms will be considered on an individual basis, after the first pro-forma order. 3. PRODUCT ORDERS 3.1 There are no required minimums when purchasing BOCA DO LOBO products. 3.2 To place an order, the CUSTOMER is required to provide information requested by the REPRESENTATIVE for the purpose of a legal transaction, including and not limited to: Billing Name and Billing Address, taxpayer or VAT number (Company Registration number or Resale number), and email address; or other mandatory information if needed for a legal transaction. 3.3 The CUSTOMER is responsible for selecting the PRODUCTS that constitute the PURCHASE. 3.4 Pro-Forma invoice must be required for every PURCHASE meant to be placed with BOCA DO LOBO official REPRESENTATIVE. The payment of the official Pro-Forma invoice confirms the CUSTOMER’s item selection, including all finishes specified for each product listed for that given ORDER. 3.5 BOCA DO LOBO reserves the right to consider a Pro-Forma invoice valid for 30 working-days from the day that it is initially sent. Therefore, the CUSTOMER is advised to require separate Pro-Forma invoices, distinguishing product and shipping quotations; In the case of Pro-Forma invoices with shipping quotes, these are considered valid for 10 working-days only. 3.6 When making a purchase, the CUSTOMER is entitled to require photographs of the ordered PRODUCTS prior to shipment. This request should be added to the order’s Pro-Forma invoice. 4. CUSTOMIZATION & MADE-TO-MEASURE 4.1 BOCA DO LOBO offers a Design Service to customize its products to meet Customers’ needs and specifications. Additionally, BOCA DO LOBO also accepts Made-to-Measure requests. 4.2 A design fee is applied to all Custom / Bespoke orders. This fee is deductible from the final PRODUCT invoice. BOCA DO LOBO reserves the right of setting the valid period and price of a custom-made product official quote accordingly. 4.3 An official signature and company stamp from the CUSTOMER is required for all technical drawings / schemes associated to any personalized Custom / Bespoke product. 4.4 Lead time for Custom / Bespoke products is proposed case-by-case at BOCA DO LOBO’s discretion. The lead time begins when the REPRESENTATIVE confirms the reception of the signed technical drawing / scheme by the CUSTOMER. 4.5 BOCA DO LOBO provides a lead time estimate with official quotes and pro-forma invoices that include Custom / Made to Measure / Bespoke products, and establishes a final lead time commitment with each technical drawing to be signed by the CUSTOMER. 5. CUSTOMER’S OWN MATERIALS (COM) 5.1 For COM Orders, production will not begin on any PRODUCT requiring any type of fabric, leather, trim or cords supplied by the purchaser until ALL the materials for the products ordered have arrived and have been properly identified by BOCA DO LOBO. Lead time for orders with COM/COL products starts after ALL materials, have been properly identified. 5.2 The CUSTOMER takes responsibility for the wear-ability, safety, or fire code validity of the materials supplied by the CUSTOMER. Boca do Lobo takes no responsibility for the selection of fabrics chosen by the CUSTOMER. 5.3 BOCA DO LOBO assumes all COM received have been inspected and are ready for use. BOCA DO LOBO warranties do not extend to materials supplied by the CUSTOMER. All fabric defect related claims are the sole responsibility of the CUSTOMER and fabric vendor. 5.4 The CUSTOMER is responsible for ensuring that all materials are identifiable when received. BOCA DO LOBO is not responsible for delays in production or any fabric misuse if the fabric is sent without identification by the CUSTOMER. 6. PRODUCT FEATURES & ACCURACY INFORMATION 6.1 BOCA DO LOBO reserves the right, without prior notice, to discontinue products or change specifications on products. 6.2 BOCA DO LOBO attempt to ensure that information on bocadolobo.com or official printed materials are complete, accurate and current. Despite the efforts, the information provided may occasionally be inaccurate, incomplete or out of date. 6.3 The main characteristics of products are shown on bocadolobo.com on each product page. All weights, measures and similar descriptions are approximate, due to the raw materials features and techniques; and are provided for convenience purposes only. 6.4 BOCA DO LOBO makes reasonable efforts to accurately and faithfully display the attributes and relevant information of the original products, including technological means to reduce inaccuracies as much as possible and the applicable colors. However the products displayed may differ slightly to the real garments in terms of image and colours due to the computer system, media screens or printed materials. In consequence, BOCA DO LOBO does not fully guarantee a perfectly clear identity of final products in comparison to their graphic representation shown on the official website or official marketing material. 7. HANDMADE PRODUCTS & RAW MATERIALS 7.1 BOCA DO LOBO products are one-of-a-kind handcrafted pieces. Each product has its own unique attributes which are impossible to replicate identically from piece to piece due to human factor of finest craftsmanship. 7.2 Due to the nature of BOCA DO LOBO manufacturing processes, techniques and selection of materials, certain products may exhibit slight variations, minor marks, pitting, porosity and/or colour anomalies. 7.3 Many wood, stone and metal materials and finishes may vary in colour, veining, tone and character, it is considered to be part of the natural beauty. While manufacturer will make every effort to match a finish and/or texture, no guarantee can be made of an exact match. Manufacturer does not guarantee finishes against fading and oxidizing. 7.4 All PRODUCTS featuring brass elements will need to be properly cared for and polished over time. Due to the porous nature of brass, it is common to have slight, unavoidable discrepancies in the metal upon production completion. Foundry products may vary in weight because the nature of the process. 7.5 BOCA DO LOBO does not fully guarantee a perfectly clear identity of identical finishes in two or more pieces manufactured in separate orders - with respect to colouring, and precision detailing of handmade processes such as wood carving, ceramics, foundry and other metalwork, for the technical reasons listed above. BOCA DO LOBO works every day to enhance product’s quality, aesthetics, usability and reliability. 8. PRODUCT SUITABLE APPLICATIONS 8.1 Climatic conditions, including heat, light and humidity levels, within the user’s environment, can affect fabric and wood, and may lead to fading, stretching, shrinking or other damage. 8.2 The selection of furniture or fabrics for specific placements or applications is made at the discretion and sole risk of the CLIENT and BOCA DO LOBO shall have no liability for such selections. 9. PRICING 9.1 BOCA DO LOBO official Pricelists are public, and all prices of each PRODUCT are displayed in EURO and DOLLAR. 9.2 BOCA DO LOBO Price Lists substitute any other published or advertised before, so it must be consulted prior to the order. 9.3 Prices are subject to change and will be as quoted on BOCA DO LOBO official pricelist at the time of the agreement. 9.4 All prices are retail prices, and do not include VAT, or any other taxes, duties and related shipping costs. 9.5 BOCA DO LOBO reserves the right of applying VAT costs in all relevant cases, and legal taxes and fees must be subsequently added to the retail price. BOCA DO LOBO apply a separate price policy for purchases made from USA accounts; 9.6 Standard packaging is included in all products prices. If the CUSTOMER requires specific packaging, it will be charged accordingly. 9.7 All prices and transactions are EX WORK from Portugal, and therefore do not include any transportation cost or associated fees. 9.8 For Lighting and Private Collection products, which include electrical components, CUSTOMER should inform BOCA DO LOBO of the final destination country in the so components can be suitable in accordance with the standards of the country. 9.9 The CUSTOMER cannot derive any rights from any information provided by BOCA DO LOBO with regard to an offer, catalogue, leaflet, pricelist, etc. 9.10 BOCA DO LOBO reserves the right, without prior notice, to discontinue products or change specifications and prices on products. 10. PRODUCT / TRANSACTION CERTIFICATION & TECHNICAL DOCUMENTATION 10.1 Certification on products and transactions, as well as other technical documents are available upon request prior to order placement and may be subject to issuance fees. 11. PAYMENT POLICY & DISPATCH 11.1 Prior to the start of the production and/or delivery of the products, BOCA DO LOBO requires a 50% advance payment deposit of the total amount, to settle all standard orders. The remaining final balance is required once the order is completed and prior to shipping from Portugal. 11.2 For Custom / Bespoke orders and for Stock Orders, an advanced payment deposit of the total amount is required. 11.3 Reservations are allowed for Stock products only. It requires an advance payment of 10% of the total amount of the Product. Reservations’ payments are non-refundable. 11.4 The CUSTOMER must make each payment via bank transfer as indicated on the ORDER form. The CUSTOMER is advised to confirm BOCA DO LOBO’s bank details prior to making any payment, and it is also advised to send proof of the bank transfer to the designated REPRESENTATIVE. 11.5 An Order Invoice for each PURCHASE is emitted and sent to the CUSTOMER, once the remaining balance is cleared. 11.6 All alterations to the Invoice in terms of billing details, and other relevant information, should be requested prior to clearing the order balance. All alterations required once a Final Invoice is submitted will be subject to an administrative fee. 11.7 The purchased PRODUCTS may be dispatched once the PURCHASE final balance is cleared with the complete payment of all amounts due by the CUSTOMER to BOCA DO LOBO. 12. SHIPPING POLICY 12.1 All prices and transactions are EX WORK, and therefore do not include any transportation cost or associated fees. 12.3 When on behalf of the CUSTOMER, the loading, transport, logistics, custom clearance, insurance, unloading or installation of the piece at the place of destination is the entire responsibility of the CUSTOMER. BOCA DO LOBO will be free of any charges or responsibility over events, loss, or any and all damages, during or after transport or installation. 12.4 Shipping Services are available upon request to BOCA DO LOBO. Shipping services are charged in separate from Product orders. Quotes for Shipping Services are sent via PRO-FORMA invoice and valid for 10 working days since the date of issuance. 12.5 When the Shipping Quote is requested to BOCA DO LOBO and sent to the CUSTOMER before the advance payment of the Products, BOCA DO LOBO is committed to consider the cost of the Prof-forma invoice sent previously. 12.6 All transportation services requires the receiver of the goods to verify their status with the carrier upon delivery. The POD must be signed with reservations subject to verification with / without apparent damage and provided to BOCA DO LOBO whenever requested. 12.7 Ownership of the product transfers to the CUSTOMER upon the freight carrier taking possession of the order for transport. 12.7 For orders with a final destination outside Europe, BOCA DO LOBO reserves the right to issue the DU (export document) with additional fee per invoice. For orders with a final destination in the United States, BOCA DO LOBO reserves the right to issue the DU (export document) with an additional fee per invoice. [FOR SHIPPING CLAIMS, CONSULT 17.WARRANTY & DAMAGE CLAIMS ] 13. PRODUCT WAREHOUSE & STORAGE FEES 13.1 BOCA DO LOBO reserves the right of applying a storage fee for all PRODUCTS that remain in the shipping warehouse for more than 10 working-days since the notification that the final balance is due, and/or shipping arrangements have not been made within 10 working-days after CUSTOMER being informed that the order is ready to dispatch. 13.2 Storage fees may be applied up to the total invoice amount if the remaining balance is not paid in full in 10 working-days after CUSTOMER being informed that the order is ready to dispatch. 13.3 Only after the payment of such fees can the Order can be picked up by the CUSTOMER. 14. LEAD TIMES 14.1 The standard production lead time for BOCA DO LOBO pieces is 6 to 8 weeks. The lead is triggered on the date the advanced payment is received. Delivery time is not included. 14.2 Lead time for large quantities’ orders, orders with 1 or more personalized/custom-made products, prototypes, and/or bespoke products, it demands a case-by-case review. BOCA DO LOBO reserves the right to adjust the time of delivery accordingly. It must be agreed previously and accepted in writing agreement between all parties. 14.3 For custom orders, BOCA DO LOBO starts the stipulated lead time once the technical drawing is signed and sent to the REPRESENTATIVE, and the reception of the upfront payment. 14.4 BOCA DO LOBO offers an Express Order Service based on a Reliable Advanced Stock program, whose order lead time is reduced to a shorter period. This service is applicable to most pieces, and it is subject to product availability. 15. STOCK LIST 15.1 BOCA DO LOBO hold stock of several products. The Stock list is available in the official website and also can be provided directly via email by the REPRESENTATIVE. 15.2 The Stock Lists available are often updated so CUSTOMER should confirm with a REPRESENTATIVE whether the products are available. 15.3 Reservations are allowed for Stock products only. It requires an advance payment of 10% of the total amount of the Product and it will be valid for 15 working-days since the day the payment is received. Reservations’ payments are non-refundable. 16. HOSPITALITY / CONTRACT ORDERS 16.1 BOCA DO LOBO has industrial capacity to customize standard products and/or new products to meet contract specifications and requirements. 16.2 Contract Orders require special pricing and delivery time based on quantity and features. BOCA DO LOBO reserves the right to set the official quote accordingly and to adjust the time of delivery accordingly. 16.3 BOCA DO LOBO offer CUSTOMERS the possibility of negotiating a supply agreement, of which a draft should be requested to the REPRESENTATIVE. Terms, conditions and responsibilities are proposed case-by-case at BOCA DO LOBO’s discretion and are agreed by both parties, and should be signed prior to any PURCHASE. 17. WARRANTY & DAMAGE CLAIMS 17.1 BOCA DO LOBO shall be liable for material defects in accordance with the applicable legal provisions. Additional warranty from BOCA DO LOBO’s suppliers’ is only applicable if stated in the respective article invoice. 17.2 Every claim is assessed case-by-case by BOCA DO LOBO’s Customer Care Service. Should any issue with the products received be detected, a written claim must be submitted to the REPRESENTATIVE and BOCA DO LOBO Customer Care service (at customercare@bocadolobo.com) within 2 working days after the reception of the products. After this period, BOCA DO LOBO reserves the right to decline any responsibility on the conditions of the goods. 17.3 BOCA DO LOBO’s strongly advises CUSTOMERs to verify firstly if damages are perceptible on the package, and then verify all crates upon delivery in order to check for unconformities in the conditions of the goods. 17.4 The original packaging of the products must be kept. In case a claim is submitted, the packaging must be kept during the period in which the claim is settled. 17.5 If the collection or return of any item is needed and the original packaging was not kept, the client shall be responsible for all costs and procedures necessary for the item to be in shipping conditions. BOCA DO LOBO shall not be liable in any way for the replacement, acquisition, or any other costs related with the replacement of the original boxes or crates. 17.6 Damaged products being returned must be in the condition in which they were received by the CUSTOMER. The products must be well accommodated to avoid extra damages. The CUSTOMER must not attempt to modify, handle, install or repair them. 17.7 BOCA DO LOBO compromises to offer the client a solution proposal within 5 working days of the claim registration and all information requested by the Customer Care service is cleared. 17.8 The CUSTOMER is advised to check and photograph all pieces ordered, upon their arrival. All claims must be accompanied by photographic or video evidence that support the client’s complaint, in which all the products, correspondent crates and/or boxes and issues claimed are clearly showed, and a written detailed description. 17.9 BOCA DO LOBO ensure the repairing or replacement of the components detailed in the claim submission form. BOCA DO LOBO strongly advise to storage the products in good conditions. All other damages not included in the claim submission will not be covered under BOCA DO LOBO warranty, and may be subjected to an upcharge. 17.10 BOCA DO LOBO reserves the right to refuse any item repairing, pick-up or delivery, from any location other than the original shipping address. Any transportation of the product from destination to a second location will forfeit any transportation damage claim. 17.11 When claims occur, BOCA DO LOBO exchange information with the CUSTOMER of the related purchase. BOCA DO LOBO reserves the right to not share information or deal with other entities or persons besides the CUSTOMER. 17.12 BOCA DO LOBO is not responsible for claims from orders placed to other entities, agents, showrooms, or any other beyond BOCA DO LOBO’s reasonable control, besides an official REPRESENTATIVE of BOCA DO LOBO. 17.13 BOCA DO LOBO’s reserves the right to decline responsibility if: a. The claim is presented after the 2 working day period, or is not accompanied by the mandatory information mentioned in 5 working days; b. The claimed products were altered out or any way tempered with, either by the client or by a third party, without BOCA DO LOBO’s consent; c. The products show clear signs of regular use. SHIPPING CLAIMS 17.14 Claims for defects as a result of the shipping process handled by the CUSTOMER, are not covered under BOCA DO LOBO’s warranty. BOCA DO LOBO is not responsible for a CUSTOMER’s own or third party freight damage and claim. In these cases, BOCA DO LOBO is committed to finding a suitable solution with the CUSTOMER. 17.15 In the case of EXW shipping, BOCA DO LOBO is not liable for damage sustained in transit cargo. In the case of DAP/DDU/DAT shipping, please note that before signing the merchandise delivery document, the CUSTOMER is required to confirm if the package has any perceptible damages. If damages are perceptible on the package, the CUSTOMER should mention “subject to verification” in order to safeguard any eventual damages to the merchandise and file a claim under the insurance policy. 17.16 When on behalf of BOCA DO LOBO, should visible or concealed damage occur in transit, immediately notify the delivering carrier with initial notification of intent to file a claim. Failure to report, or to provide written claim for any damage or loss within 2 working days of the delivery will automatically release BOCA DO LOBO for any liability for damage sustained in transit cargo. 17.17 The CUSTOMER may claim warranty on defects that result from mishandling in the shipping process, up to 2 working days after receiving an order. As a result, the CUSTOMER is advised to check and photograph all pieces ordered, upon their arrival. All claims related to shipping, must be accompanied by the signed POD, photographic or video evidence that support the client’s complaint, in which all the products, correspondent crates and/or boxes and issues claimed are clearly showed, and a written detailed description. 17.18 Proving that any damage in the piece caused by quality requires replacement, BOCA DO LOBO compromises to exchange the damaged part or complete product(s) within a period agreed with the CUSTOMER. It is MANDATORY that BOCA DO LOBO collects the damaged part or complete piece(s) to replace it by new one(s). 18. ORDER CANCELATTION OR MODIFICATION - WITHDRAWAL 18.1 Prior to the start of the production and/or delivery of the products, BOCA DO LOBO requires an advance payment for every order. Products are manufactured upon the confirmation of deposit. 18.2 Should the CUSTOMER need to modify a requested article, its finish or quantity, or correct any errors in the order, specified in the official Pro-Forma invoice, following its corresponding order placement, the CUSTOMER should follow the instructions suggested by the Customer Care service at customercare@bocadolobo.com. 18.3 BOCA DO LOBO reserves the right to charge for any alterations made to the order, 2 working days after its payment confirmation is received. 18.4 To exercise the right of withdrawal, the CUSTOMER must contact Customer Care at customercare@ bocadolobo.com. 18.5 Cancellations are accepted within 48h after the deposit of the first advance payment. Any and all cancellation requests will not be accepted after that period. 18.6 BOCA DO LOBO reserves the right to retain 30% of the total amount of the Product by the CUSTOMER for all Standard Orders. The same is applied for Custom / Bespoke orders if a Technical drawing was not sent from the REPRESENTATIVE to the CUSTOMER. 18.7 For Custom / Bespoke orders, if the Technical drawing has been sent from the REPRESENTATIVE to the CUSTOMER, BOCA DO LOBO reserves the right to retain 50% of the total amount deposited by the CUSTOMER. The same is applied for Stock Orders. 18.8 Cancellations will not be accepted of any Custom / Bespoke orders if a Technical drawing is approved and signed by the CUSTOMER and/or the production started. BOCADO LOBO reserves the right to refuse the return or refund of any Custom / Bespoke item. 18.9 BOCA DO LOBO reserves the right to complete a refund or make an item replacement, only once the original item has been delivered to its designated warehouse and verified for damage. 18.10 BOCA DO LOBO is also reserved the right to refuse or deduct credit from a refund in cases where the original item is not returned in pristine condition. All products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.) and must be accompanied by the purchase invoice. 19. FORCE MAJEURE 19.1 BOCA DO LOBO shall not be responsible and/or liable for any damages or loss, completion, shipment, or default in delivery towards the CUSTOMER caused by beyond BOCA DO LOBO’s reasonable control, but not limited, to a) government action, war, riots, civil commotion, embargoes or martial laws, strikes, trade union conflicts, accidents, lock outs, terrorism, (b) Manufacturer’s shortage or absence of raw material, delays on the part of suppliers sources or forwarders, (c) shortage of labour, production, or other contingencies of manufacture; (d) shortage of transportation facilities or other delays in transit, (e) fire, flood or other casualty; as a result of which BOCA DO LOBO is not able to fulfil its activities and/or obligations under the agreement. 20. INTELLECTUAL PROPERTY/CONFIDENTIALITY 20.1 BOCA DO LOBO may reasonably use the photos of the product for the promotion of its own activities and publicity. 20.2 The CUSTOMER acknowledges and agrees upon that the PRODUCT without prior written approval of and agreement with BOCA DO LOBO, may not be duplicated, copied, published and/or used for any commercial, marketing or advertising activity or any other purpose than foreseen in the agreement. In case of any agreed use of the work by the CUSTOMER, the client shall expressly and in a clear manner mention the name of BOCA DO LOBO as the designer of the work. 20.3 BOCA DO LOBO’s products are not allowed to be used for commercial, marketing or advertising activity when the entities are not in the possession of the corresponding products. 20.4 Without prejudice of claiming damages and/or compensation by BOCA DO LOBO a violation of this article shall rise a penalty to be charged accordingly, with immediate effect, and not subject to any judicial intervention, per violation and/or per day during which the violation continues. 20.5 The CUSTOMER undertakes to keep the agreement, the terms of the agreement and all information exchanged with BOCA DO LOBO strictly confidential, throughout its validity period and afterwards, without time limit. 21. LIABILITY 21.1 BOCA DO LOBO shall not be liable for any lost profits or savings, loss of reputation or goodwill, indirect or incidental or consequential damages arising out or in connection with the sale of the goods. 22. AMENDMENTS AND UPDATES 22.1 The General Terms and Conditions may be amended from time to time due to new laws and regulations or other reasons. The new Terms and Conditions shall be effective as of the date of publication on bocadolobo.com and shall therefore apply to orders submitted after that date. TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE. LAST REVIEWED ON THE 11TH OF NOVEMBER, 2019
