Terms & Conditions
TERMS & CONDITIONS
Any use by you of our website is conditional on your acceptance of these Terms and Conditions and our Privacy Statement here. We may change these Terms and Conditions without letting you know and therefore it is up to you to check this page for any changes. Your continued use of our website means that you have accepted these Terms and Conditions and the Privacy Statement. If you do not accept these Terms and Conditions, you should leave our website now. You must be over 18 years old to buy goods from this site. If you are under 18, you can only use this site with the involvement of a parent or guardian.
Who are we?
Delariva Europe is the trading name of Delariva CO. Europe, registered in Portugal, vat no. 293596549. Our registered office is: José Luciano de Castro St, 163 1C, Esgueira, Cep: 3800-207, Aveiro – Portugal. All business correspondence should be sent to Delariva CO. Europe José Luciano de Castro St, 163 1C, Esgueira, Cep: 3800-207, Aveiro – Portugal.
Our registered VAT number is 293596549.
ORDERING AND DELIVERY
Order Acceptance and Contract
We will notify you by e-mail as soon as possible to confirm receipt of your order. Orders placed by you are an offer to purchase and must be accepted by us (which will be subject to stock availability) before a legally binding contract is formed. If something is not in stock, we will either let you know at the time of ordering or as soon after the order has been placed as possible. The contract for the sale of the goods will be formed when we send e-mail confirmation to you that we’ve dispatched the product to you at the address you provide us with. Acceptance will be complete at the time that we send this email to you. It’s worth remembering that any products on the same order which we have not confirmed in the confirmation email to have been dispatched do not form part of that contract and will be subject to a separate confirmation email and contract once these other products have also been dispatched. We reserve the right to change at any time any of the details of the garments on the site, including prices, colours and sizes. We reserve the right to change these terms and conditions and we advise that you read through them each time that you use the site. Any changes to products or to these terms and conditions will not affect any orders already accepted and dispatched by us. For any orders that have been placed but not yet accepted by us, we will notify you of the change and ask you to confirm the new order details before we accept your order or dispatch products to you.
Prices are as set out on the website and include United Kingdom VAT at the current rate for orders in the United Kingdom and Europe. Orders outside the EU and children’s products are not subject to Portugal VAT. We reserve the right to alter prices at any time.
We accept all major credit & debit cards, MBWay, Multibanco and Paypal.
We take security seriously and will do all that we reasonably can to ensure that all of the information you give us when paying for products is secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect, for example all credit card data is secured using Secure Sockets Layer (SSL) encryption. However, although we do our best to keep your personal information secure, we cannot guarantee the security of any information you transfer to us over the internet. In the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
For more information about how we hold and process your information, including payment information, see our Privacy Statement www.tatamifightwear.com/pages/privacy
We will do our best to deliver the goods to you to the address that you specify for delivery. If you do not supply an address, we will deliver the goods to the credit card address you provide us with. Please take care when entering your details as we cannot accept liability for non delivery of items as a result of incorrect information entered by yourself. In the event that you are not available to receive the goods at the point when they were delivered, you will be responsible for making arrangements to receive the goods if they are held at the post office or delivery company’s depot. We will try to meet any date stated for delivery, but such dates are not guaranteed and are provided for reference only. We may deliver your goods in instalments if reasonably required. If your goods have not reached you within 14 working days from the date they left us (which we will confirm to you by email) you will need to call our Customer Service Team to report your order as missing in transit. We allow a maximum of 30 days for you to let us know your goods haven’t arrived. If you haven’t contacted us by this time we will accept this as your acknowledgement for receipt of the goods. Delariva CO. Europe cannot guarantee that the sale and delivery of its goods to your particular country or location is allowed, so please take note of your own import restrictions before placing an order. You are responsible for the products once delivery has taken place. In other words, the risk in the products passes to you when you take possession of them.
Where We Ship From
All orders placed on www.tatamifightwear.com are shipped from our warehouse in the United Kingdom. If shipping outside of the EU you may be liable for import duties and/or taxes. Any return or exchanges must be sent back to the United Kingdom at the customers expense (excluding the United Kingdom). Please see the section below on Returns and Exchanges
CANCELLATIONS, RETURNS AND EXCHANGES
The following sections about cancellation, returns and exchanges apply to all items bought online. Nothing in this Returns and Exchange Policy shall affect your legal rights (including your rights under the Consumer Rights Act 2015 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). For more detailed information on your legal rights visit the Citizens Advice website at www.citizensadvice.uk or call 03454 04 05 06.
Cancellation before shipment
You may cancel any order free of charge and without giving any reason, provided that it has not yet been shipped. If you have submitted an order and wish to cancel, please check the status of your order by viewing your order detail on the website, or by contacting customer service. If the status of your order is “Processing” or “On Hold”, we may still be able to cancel your order without cost. Please contact our Customer Service Line by selecting the appropriate number from the list at the bottom of this page, to check whether such cancellation is still possible. If cancellation was not possible, the products will be delivered to you, but you can refuse them upon delivery. The products will then be returned to us, and we will refund the purchase price of the order.
Occasionally it may become necessary for us to cancel your order before delivery. We will let you know as soon as we can that this has happened and you will not be charged, or if you have been charged, we will refund the full amount to you (including any shipment charges).
Cancellation after shipment – legal cancellation rights
Delariva CO. Europe respects applicable consumer protection laws, including (but not limited to):
the Portugal Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which grants customers the right (among others) to withdraw from an online purchase and cancel all or part of an order, for whatever reason, within 14 working days (i.e. days other than Saturdays, Sundays or Public Holidays) after the day the item has been delivered; and
the UE Consumer Rights Act 2015 which gives customers certain rights (among others) in respect of defective or faulty goods.
Delariva CO. Europe is committed to good customer service. Therefore, in the following sections Delariva CO. Europe grants its customers rights which go beyond the minimum legal standards.
Returning an item if you are not satisfied with your purchase
Your complete satisfaction is important to Delariva CO. Europe! If you are not satisfied with the products you ordered, you may cancel your order and return the products to us within 30 calendar days after delivery, without giving a reason.
To cancel your purchase within the thirty day period, you need to send us written cancellation notice (either via email or letter). Please refer to the list at the bottom of this page where you can select the appropriate address or e-mail address. Your cancellation notice must clearly specify which order(s) your cancellation relates to and which item(s) from such order(s) you wish to cancel.
Products should be returned in accordance with the ‘How do I return a product?’ section below. Delariva CO. Europe reserves the right to refuse items that are returned after the 30 days period unless the items are defective or non-conforming, in which case see the ‘Returning defective or non-conforming items’ section below. Products that have been returned within the 30 day period will be refunded in full, together with the original shipment charges if the products were delivered to an address in the United Kingdom (original shipping charges for addresses outside the UK will not be refunded), as soon as possible (and in any event within 14 days of the return) and credited to your original form of payment. However, if you handle products in a way that damages them or diminishes their value (i.e. you handle them in a way that goes beyond what is reasonably necessary to allow you to establish their nature, characteristics and functioning) then Delariva CO. Europe may withhold a part of your refund to cover that damage or loss of value. Any such withholding could be up to the full price of that product, if applicable.
Returning defective or non-conforming items.
How do I report a damaged product?
Delariva CO. Europe uses several couriers to ship product(s) to our customers. Upon receipt of your merchandise, you should inspect the packaging. If it appears damaged, simply refuse shipment and the courier will return the merchandise back to us at no cost to you. If you discover that merchandise is damaged after you have received it you should notify us and return it in accordance with the ‘How do I return a product?’ section below. To ensure proper handling of damaged goods, please contact customer service to notify them that your shipment was damaged.
How do I report a defective product?
Delariva CO. Europe stands behind its merchandise. If you determine the product you have purchased is defective, please contact customer service by selecting the appropriate means from the list at the bottom of this page, to discuss terms of replacing your defective merchandise.
Returning damaged or defective products
You can return or exchange products purchased online if they are defective, faulty, described incorrectly, not of satisfactory quality or not in conformity with your order within a 6 month period after the products have been delivered to you. Regrettably, mistakes in an order can occur. In case of incomplete or faulty orders, the items should be returned in accordance with the ‘How do I return a product?’ section below. Upon returning an item, please indicate the reason for your return and description of the defect. Returned items will be examined and any items found to be defective or faulty will be fully reimbursed, including the original shipment charges (but not including the return costs), in accordance with the ‘How do I return a product?’ section below.
However, we want to point out that Delariva CO. Europe will not exchange or refund any items under this section which are not defective, faulty, described incorrectly, of unsatisfactory quality, or not in conformity with your order. Delariva CO. Europe will also not exchange or refund any items which have been damaged after delivery (i.e. the issue or damage is not the result of a manufacturing fault). This applies to accidental, malicious and other wearer related damage.
Examples of accidental, malicious and wearer related damage include, but are not limited to:
– Signs of misuse, excessive wear or inappropriate care.
– Products (ie Gi’s) washed by machine and dried by excessive heat.
– Cut marks on stitching, seams or uppers.
– Signs of extreme wear or damage.
– Fabric that has been stained.
– Material decomposition due to prolonged dampness/wetting.
How do I return or exchange a product?
Go to www.tatamifightwear.com and go to the returns section at the footer of the website.
Here at Delariva CO. Europe we stand by our products 100% so if you feel you have the need to return any item because is is not suitable or faulty, rest assured you can shop with confidence.
Returned products should be in their original packaging where possible, and in an unused, resalable and undamaged condition and complete: e.g. jacket and pants should be included together. If possible do not remove tags or labels when you try on our products. If you ordered multiple items, you can return any of the items individually or in combination. Package your item(s) securely in a box, bag or carton that protects the merchandise, or wrap it well within its original container. Be certain to tape and seal the carton or bag.
All return items should be returned to Delariva CO. Europe as soon as possible, and in any event within 14 days of notifying us that you wish to return that item to us (see below for our contact details for notifying us of any returns).
Follow the details above to bring up the item(s) on your order, proceed through the steps to complete your return request. Once we have received your request one of our team with the authorise the return and send you details of how you can get your FREE Royal Mail return label. Products should then be taken your local post office, where they will be returned to us from there. If all products are received in their original packaging and in a resalable condition we will refund the purchase price for the cancelled item(s), as well as the initial shipment charge if your total original order is returned. You will not be charged with the cost of the return shipment. Your original form of payment for your purchase will be credited.
International customers who wish to return items on their order are free to do so. You can book in your return by completing the form on the returns page. International customers are liable for all the return shipping costs to Tatami UK. We advise all customers to return products via a recordable or tracked means as we can not accept responsibility for items lost in return transit. When returning your order to us, you MUST make sure you keep your receipt which is proof of shipping. If you do not have this in the event of a missing parcel, we may not be able to refund or replace any of the items. When your return has been received we will examine it and can then process your refund. We will refund the whole of the original purchase amount minus the cost of the initial shipment charge if your total original order is returned. Your original form of payment for your purchase will be credited.
Alternatively, customers may return goods to us themselves. If you wish to return goods yourself please send your return item back to us via Special Delivery, Recorded Delivery or another courier method. We advise all customers to return products via a recordable or tracked means as we can not accept responsibility for items lost in return transit. When returning your order to us, you MUST make sure you keep your receipt which is proof of shipping. If you do not have this in the event of a missing parcel, we may not be able to refund or replace any of the items
Overseas orders, duties and taxes, and local legal restrictions
Local import duties may be payable on receipt. VAT will be deducted where appropriate. Please note however that this site and its contents do not form an agreement between Delariva CO. Europe and a customer in a jurisdiction in which the products offered for sale would go against any local, regional or national laws. If you know that it would be illegal for us to sell our products in your country, please do not order items from our site.
Delariva CO. Europe LTD is based in the United Kingdom and as such accepts all payments in Euro (€). To pay in another currency such as Euro, US Dollar or Australian Dollar, please visit our other stores in these territories. When purchasing from the UK store the total price paid by the customer will be based on the Euro (€) price on the product. Customers may be charged a slightly higher or lower final price based on the exchange rate provided by Paypal or their Credit Card provider. We recommend all customers check with their card provider for the correct exchange rate to Euro (€) prior to purchasing. All import tax & duties will be the responsibility of the customer and will be payable in the local currency.
Delariva CO. Europe Website Intellectual Property Rights
All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this site together with all software compilations, underlying source code and software in the site are protected by copyright, trade mark, design right and/or other worldwide intellectual property rights and are owned or controlled by or licensed to Delariva CO. Europe. Any use of this website or its contents, including copying or storing it, in part or in whole, other than for your own lawful, personal, non-commercial use is prohibited without the prior permission of Delariva CO. Europe. You may not reproduce, publish, transmit, publicly perform, distribute, display, modify, adapt, bundle, alter, create derivative works of, sell or participate in any sale of, or exploit in any way, any such materials or content, the site itself, or any related software in whole or in part without our express prior written permission.
All trademarks, service marks and trade names of Delariva CO. Europe used in the site are trademarks or registered trademarks of Delariva CO. Europe.
No warranties or liability for website to the extent permitted by law
Delariva CO. Europe gives no warranties in relation to the website, in particular with limitation, any warranties regarding the accuracy of descriptions and illustrations of items in the website or in our catalogue or other IP infringement and freedom from viruses. We do our best to keep our site up to date but cannot guarantee that the site and its contents are completely free of technical errors, viruses or anything else that may have a harmful effect on your computer or any technology. Delariva CO. Europe will also do its best to allow you uninterrupted access to the site 24 hours per day, but access may be suspended, restricted or terminated at any time. By using the site, you acknowledge that you assume full responsibility for all costs associated with any necessary servicing or repairs of any equipment that you use in connection with Delariva CO. Europe‘s site. Of course, this statement does not affect your statutory rights as a customer. To the extent permitted by law, Delariva CO. Europe will have no liability to you in contract, tort (including negligence) or otherwise for any loss (including loss of profit), cost or damage (whether indirect, consequential, or otherwise) suffered as a result of your use of the website or from use of information passed through the website, even if we are aware of the possibility of such loss. Additionally, we shall also not be liable to you for a breach of these terms and conditions or a failure to perform if the delay or failure is due to a cause beyond our reasonable control.
General Limitation Of Our Liability To You
Delariva CO. Europe’s total liability for any claim howsoever arising shall not exceed the price paid for the goods supplied by Delariva CO. Europe to the customer, together with any shipping costs incurred. In addition, Delariva CO. Europe shall not be liable to you for: any losses expressly excluded under the section above (to the extent permitted by law); any losses that: were not foreseeable to you and us when the contract was formed; or were not caused by any breach on our part; any business losses; or any losses to non-consumers. Delariva CO. Europe do not however exclude or limit our liability in respect of death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other legal responsibility that we cannot exclude in law.
Use Of The Site
You must use the site for lawful purposes only. By registering with us you recognise that you are responsible for all access made to the site using the log in details that you provide us with. As with all passwords and usernames, it is important that you keep them confidential at all times.
Links to Third Parties
We may provide links to third parties that we believe may be of interest to you. We do not control nor vet these websites, and therefore we cannot accept liability in respect of either the contents or your use of these third party websites.
If any part of these terms and conditions is unlawful, void or for any other reason unenforceable, then that provision shall be cut out of the terms and conditions and shall not affect the validity or enforceability of any of the remaining provisions. Also, if we fail to enforce a right under these terms and conditions, it does not mean that we do not have the right to enforce other rights, or the same type of right at a later stage. No part of these terms and conditions are enforceable by anyone who is not a party to them in accordance with the Contracts (Rights of Third Parties) Act 1999. We comply with all of the applicable data protection laws in the Portugal. For more information on data protection see our Privacy Statement at www.delarivaeuropa.com/privacy-policy. If your contract with us is ended it will not affect our right to receive any money which you owe to us under that contract.
Governing Law and Jurisdiction.
This website, its content and any contracts arisen out of it are governed by and construed in accordance with Portuguese law. All contracts are conducted in English and by entering into a contract both parties agree to submit to the exclusive jurisdiction of the courts of Portugal.
If you have any questions please feel free to contact us by email at email@example.com or by writing to us at:
Delariva CO. Europe
José Luciano de Castro St, 163 1C, Esgueira, Cep: 3800-207, Aveiro – Portugal
Alternatively, you may prefer to pick up the phone to speak to one of our representatives on +353 963 253 549. Our representatives are available during the hours below: Monday to Friday: 9:00am-17:00pm