Terms and conditions of sale

These terms and conditions govern the sale of goods through this website. They form part of the contract between the seller identified in clause 1 and the customer.

These terms do not affect the customer's statutory rights under Portuguese and European Union consumer law. Where a provision of these terms conflicts with those rights, the statutory provision prevails.

1. Identification of the seller

NEAR is a trade name of Angelina Suchkova, Empresário em Nome Individual (ENI), registered in Portugal under tax identification number 321463587. Full identification details, including the registered address, are set out in the legal notice.

2. Eligibility

Purchases may be made by persons aged 18 or over, or who have reached the age of majority in their country of residence.

3. Products

The goods offered are garments produced in limited quantities. Product descriptions, measurements and photographs are provided on the relevant product page.

The garments are garment-dyed. Minor variations in shade between production batches, and between the photographs displayed and the item supplied, are inherent to this process and do not constitute a defect. Colour reproduction may also vary according to the display device used.

Availability is limited. The seller does not undertake to restock sizes or products that are no longer available.

4. Prices

Prices are expressed in euros and are final. No value added tax is added at checkout, as the seller's activity is covered by the Portuguese VAT exemption (IVA – Regime de Isenção (artigo 53.º do CIVA)).

Delivery is free to all destinations served. No further amount is added at checkout.

Prices may be amended at any time. Amendments do not apply to orders already placed.

5. Formation of the contract

Placing items in the shopping bag does not constitute an order. The contract is concluded when the seller confirms the order by email following payment.

Where a price or product description contains a manifest error and the order has not yet been dispatched, the seller may cancel the order and refund the amount paid in full. The customer will be informed in such cases.

The seller may decline an order where the goods are unavailable, where delivery to the stated address is not possible, or where there are reasonable grounds to suspect fraud.

6. Payment

Payments are processed by Stripe. Card details are transmitted directly to Stripe and are not accessible to or stored by the seller. The terms of the payment service provider apply to the payment transaction.

7. Delivery

Destinations, costs and estimated delivery times are set out on the shipping page.

Risk in the goods passes to the customer when the customer, or a third party designated by the customer, takes physical possession of them.

8. Right of withdrawal

The customer has a period of 14 days from the day on which the goods are received to withdraw from the contract without giving any reason, in accordance with Decreto-Lei 24/2014.

Notice of withdrawal may be given by email to hello@madetobenear.com within that period. The goods must then be returned within a further 14 days.

The seller additionally offers a commercial return period of 30 days. The conditions applicable to returns, the allocation of return costs and the model withdrawal form are set out on the returns page.

9. Guarantee of conformity

New goods are covered by a legal guarantee of conformity of 3 years under Decreto-Lei 84/2021. Where goods do not conform to the contract, the customer is entitled to have them brought into conformity by repair or replacement, or to an appropriate reduction in price or termination of the contract.

This guarantee is provided at no cost to the customer and is additional to the right of withdrawal set out in clause 8.

10. Intellectual property

All content published on this website, including photographs, text and the phrases printed on the garments, is the property of the seller or is used under licence.

Content may be viewed and shared for personal, non-commercial purposes. Reproduction, distribution or commercial exploitation of the content, including the application of the printed phrases to other goods, is not permitted without the prior written consent of the seller.

11. Liability

The seller is liable for loss or damage suffered by the customer that is a foreseeable consequence of a breach of these terms or of a failure to exercise reasonable care.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that may not be excluded or limited under applicable law, including the customer's statutory rights as a consumer.

The seller is not liable for delays in performance caused by circumstances beyond its reasonable control. Where such circumstances arise, the customer will be informed and may cancel the order and obtain a refund if the delay is substantial.

12. Complaints and dispute resolution

Complaints may be addressed to the seller by email at hello@madetobenear.com.

Consumers may also record a complaint in the Portuguese electronic complaints book at livroreclamacoes.pt. Consumer disputes may be referred to CNIACC — Centro Nacional de Informação e Arbitragem de Conflitos de Consumo, or to the arbitration centre competent for the consumer's own area.

13. Amendments

These terms may be amended. The version applicable to a purchase is the version published at the time the order was placed. Amendments do not apply retroactively.

14. Applicable law and jurisdiction

These terms are governed by Portuguese law. Customers resident in another Member State of the European Union retain the protection afforded by the mandatory provisions of the law of their country of residence and may bring proceedings before the courts of that country.

15. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.

16. Contact

Enquiries concerning these terms may be sent to hello@madetobenear.com.