Terms of service

TERMS OF SERVICE

Last Updated: December 11, 2024

INTRODUCTION

Welcome to ReBOTTLE, operated by Cork Studio ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our website (www.re-bottle.com) and the purchase of our products.

Business Information:

  • Company Name: Cork Studio
  • Trading As: ReBOTTLE
  • Address: R. Francisco de Andrade 16B, 2800-080 Almada, Portugal
  • Email: info@re-bottle.com
  • VAT Number: NIF - 282947035

By accessing or using our website, browsing our products, or making a purchase, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By using our website or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by:

  • These Terms of Service
  • Our Privacy Policy
  • Our Return and Refund Policy
  • Any additional terms presented at the time of purchase

1.2 Age Requirement

You must be at least 18 years old to make purchases on our website. If you are under 18, you may only use our website with the involvement and consent of a parent or legal guardian.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website with an updated "Last Updated" date. Your continued use of our website after changes are posted constitutes acceptance of the modified Terms.

We recommend reviewing these Terms periodically to stay informed of any updates.

2. USE OF OUR WEBSITE

2.1 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes in accordance with these Terms.

2.2 Prohibited Uses

You agree NOT to use our website or services for any of the following purposes:

  • Any unlawful purpose or in violation of any local, national, or international law
  • To infringe upon or violate our intellectual property rights or the rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses, malware, or any other malicious code
  • To collect or track personal information of others without consent
  • To spam, phish, or engage in any form of automated data collection (scraping, crawling, etc.)
  • To interfere with or circumvent security features of our website
  • To impersonate any person or entity or falsely state or misrepresent your affiliation
  • For any commercial purpose without our express written permission
  • To resell our products without authorization as a dealer or distributor

2.3 Account Security

If you create an account on our website:

  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account
  • We are not liable for any loss or damage arising from your failure to maintain account security

2.4 Suspension and Termination

We reserve the right to suspend or terminate your access to our website at any time, without notice, for:

  • Violation of these Terms
  • Fraudulent or suspicious activity
  • Any reason at our sole discretion

3. PRODUCTS AND SERVICES

3.1 Product Descriptions

We make every effort to display our products as accurately as possible, including:

  • Colors, images, and designs
  • Materials and specifications
  • Sizes and dimensions

However, we cannot guarantee that:

  • Your device's display will accurately represent product colors
  • All product descriptions are completely error-free
  • Products will meet your specific expectations

3.2 Product Availability

  • Products are subject to availability and may be discontinued at any time
  • We reserve the right to limit quantities of any products
  • We reserve the right to refuse service or limit sales to any person, region, or jurisdiction
  • Online-exclusive products may not be available through other channels

3.3 Pricing

  • All prices are displayed in Euros (€) unless otherwise stated
  • Prices include VAT (Value Added Tax) for EU customers
  • Prices do not include shipping costs unless explicitly stated
  • We reserve the right to change prices at any time without notice
  • Pricing errors: If we discover a pricing error after you've placed an order, we will notify you and give you the option to cancel or proceed at the correct price

3.4 Personalization and Customization

For personalized or custom ReBOTTLEs:

  • You must provide accurate specifications and artwork
  • We are not responsible for errors in customer-provided designs or text
  • Personalized products cannot be returned unless defective (see Return Policy)
  • Additional charges apply for personalization (€10-€20 depending on design size)
  • Production time may be longer for customized items

3.5 Product Warranty

All ReBOTTLE products come with:

  • A 2-year warranty against manufacturing defects (as required by EU law)
  • A 1-year warranty on cork covers (excluding normal wear and tear)

This warranty does not cover:

  • Normal wear and tear
  • Damage from misuse, accidents, or improper care
  • Damage from dishwasher use (cork covers are not dishwasher-safe)
  • Damage from freezing
  • Cosmetic damage that doesn't affect functionality

For warranty claims, contact us at info@re-bottle.com with proof of purchase and photos of the defect.

4. ORDERING AND PAYMENT

4.1 Order Process

When you place an order:

  1. You make an offer to purchase the products in your cart
  2. You will receive an order confirmation email (this is NOT acceptance of your offer)
  3. We accept your offer when we ship the products and send you a shipping confirmation
  4. A contract is formed only when we ship your order

4.2 Order Acceptance and Rejection

We reserve the right to refuse or cancel any order for reasons including but not limited to:

  • Product unavailability
  • Pricing or product description errors
  • Suspected fraudulent or unauthorized transactions
  • Orders that appear to be placed by dealers or resellers
  • Orders that violate these Terms
  • Inability to verify payment information

If your order is cancelled after payment has been processed, we will issue a full refund.

4.3 Payment Methods

We accept the following payment methods:

  • Credit cards (Visa, Mastercard, American Express)
  • Debit cards
  • PayPal
  • Other payment methods as displayed at checkout

4.4 Payment Security

  • All payment transactions are processed securely through our payment gateway
  • We use SSL/TLS encryption and comply with PCI-DSS standards
  • We do not store your complete credit card information on our servers
  • For more information, see our Privacy Policy

4.5 Payment Terms

  • Payment is due in full at the time of purchase
  • Prices are in Euros (€) and include applicable VAT for EU customers
  • You authorize us to charge your payment method for the total amount of your order, including product costs, shipping, and any applicable taxes

4.6 Billing Information

You agree to provide:

  • Current, complete, and accurate billing and contact information
  • Prompt updates to your information if it changes
  • Valid payment method information

Failure to provide accurate information may result in order cancellation.

5. SHIPPING AND DELIVERY

5.1 Shipping Policy

For detailed shipping information, please refer to our separate Shipping Policy, which covers:

  • Shipping destinations and restrictions
  • Shipping costs and delivery times
  • Tracking information
  • Risk of loss

5.2 International Orders

For orders shipped outside the European Union:

  • Customs duties, import taxes, and fees are the responsibility of the customer
  • Delivery times may vary due to customs processing
  • We are not responsible for delays caused by customs

5.3 Delivery

  • Delivery is complete when the carrier confirms delivery to your specified address
  • You are responsible for providing an accurate and complete shipping address
  • We are not responsible for lost or stolen packages after confirmed delivery

6. RETURNS AND REFUNDS

Your rights to return products and receive refunds are governed by our Return and Refund Policy.

Key Points:

  • 14-day return period for most products
  • Personalized/customized products cannot be returned unless defective
  • You are responsible for return shipping costs (unless the item is defective or incorrect)
  • Refunds processed within 14 days of receiving returned items

For complete details, please review our Return and Refund Policy.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Our Intellectual Property

All content on our website is owned by or licensed to Cork Studio, including:

  • Trademarks, logos, and brand names (ReBOTTLE, Cork Studio)
  • Product designs, patterns, and images
  • Website design, layout, and graphics
  • Text, descriptions, and written content
  • Software and code

You may not:

  • Copy, reproduce, distribute, or create derivative works from our content
  • Use our trademarks or branding without written permission
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use our content for commercial purposes without authorization

7.2 Your Content

If you submit content to us (e.g., product reviews, feedback, design ideas, photos):

  • You grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display your content
  • You represent that you own or have rights to the content you submit
  • You waive any moral rights in the content
  • We are not obligated to use, respond to, or compensate you for submitted content

7.3 Copyright Infringement

If you believe any content on our website infringes your copyright, please contact us at info@re-bottle.com with:

  • Description of the copyrighted work
  • Location of the infringing content on our website
  • Your contact information
  • A statement of good faith belief that the use is unauthorized
  • A statement that the information is accurate and you are authorized to act on behalf of the copyright owner

8. THIRD-PARTY SERVICES AND LINKS

8.1 Third-Party Service Providers

We use third-party service providers for:

  • Website hosting (Shopify)
  • Payment processing
  • Shipping and delivery
  • Email communications
  • Analytics (Google Analytics)

Your interactions with these providers are subject to their own terms and privacy policies.

8.2 Third-Party Links

Our website may contain links to third-party websites. We are not responsible for:

  • The content or accuracy of third-party websites
  • The privacy practices of third-party websites
  • Any transactions you make with third parties

We recommend reviewing the terms and privacy policies of any third-party websites before providing personal information or making purchases.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 Website "As Is"

Our website and services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the website will be uninterrupted, timely, secure, or error-free
  • Warranties regarding the accuracy or reliability of content

9.2 Product Disclaimers

While we strive for quality:

  • We do not guarantee that products will meet your specific expectations
  • Product appearance may vary slightly from images due to handmade nature and screen displays
  • Cork is a natural material and variations in texture and appearance are normal

9.3 Limitation of Liability

To the maximum extent permitted by Portuguese and EU law:

We are NOT liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Lost profits, revenue, data, or business opportunities
  • Damages resulting from your use or inability to use our website or products
  • Damages caused by third-party service providers
  • Damages from unauthorized access to your data

Our total liability to you for any claims arising from your use of our website or purchase of products shall not exceed the amount you paid for the product giving rise to the claim, or €100, whichever is greater.

9.4 Exceptions

These limitations do not apply to:

  • Liability for death or personal injury caused by our negligence
  • Liability for fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded or limited under Portuguese or EU law

9.5 Your Statutory Rights

Nothing in these Terms affects your statutory rights as a consumer under Portuguese and EU law, including:

  • Rights under the EU Consumer Rights Directive
  • Rights to return products within 30 days
  • Rights to repair, replacement, or refund for defective products
  • 2-year legal guarantee for manufacturing defects

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cork Studio, its directors, officers, employees, agents, and partners from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

  • Your violation of these Terms
  • Your violation of any law or rights of third parties
  • Your use or misuse of our website or products
  • Content you submit to our website
  • Your fraudulent or illegal activity

11. PRIVACY AND DATA PROTECTION

11.1 Privacy Policy

Your personal information is collected, used, and protected in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR).

11.2 Your Rights

Under GDPR, you have the right to:

  • Access your personal data
  • Correct inaccurate data
  • Request deletion of your data
  • Restrict or object to processing
  • Data portability
  • Withdraw consent

For more information, see our Privacy Policy or contact us at info@re-bottle.com.

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Portugal, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms or your use of our website shall be subject to the exclusive jurisdiction of the Portuguese courts.

However, as a consumer in the EU, you may also bring proceedings in the courts of your country of residence.

12.3 EU Online Dispute Resolution Platform

The European Commission provides an Online Dispute Resolution (ODR) platform for consumers to resolve disputes with online traders.

You can access the ODR platform at: https://ec.europa.eu/consumers/odr

If you wish to use this platform to resolve a dispute, please contact us first at info@re-bottle.com so we can attempt to resolve the issue directly.

12.4 Informal Resolution

Before initiating any formal dispute proceedings, we encourage you to contact us at info@re-bottle.com to resolve the issue informally. Most concerns can be resolved quickly and amicably through direct communication.

13. FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, fires)
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Strikes or labor disputes
  • Pandemics or public health emergencies
  • Failures of third-party service providers
  • Internet or telecommunications failures

During a force majeure event, our obligations will be suspended, and delivery times may be extended.

14. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

  • That provision shall be modified to the minimum extent necessary to make it valid and enforceable
  • If modification is not possible, the provision shall be severed from these Terms
  • The remaining provisions shall continue in full force and effect

15. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Any waiver of a breach of these Terms shall not constitute a waiver of any subsequent breach.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Return and Refund Policy, constitute the entire agreement between you and Cork Studio regarding your use of our website and purchase of our products.

These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

17. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, or sale of assets.

18. SURVIVAL

The following sections shall survive termination of these Terms:

  • Intellectual Property Rights
  • Disclaimers and Limitations of Liability
  • Indemnification
  • Dispute Resolution
  • Any provisions that by their nature should survive termination

19. CONTACT INFORMATION

If you have any questions, concerns, or complaints about these Terms of Service, please contact us:

Cork Studio / ReBOTTLE

Email: info@re-bottle.com

Mailing Address:
R. Francisco de Andrade 16B
2800-080 Almada
Portugal

Response Time: We aim to respond to all inquiries within 2-3 business days.

20. CONSUMER RIGHTS NOTICE

Important Notice for EU Consumers:

As a consumer in the European Union, you have specific rights that cannot be excluded or limited by these Terms of Service, including:

  • Right of Withdrawal: 14-day cooling-off period to return products
  • Legal Guarantee: 2-year guarantee for manufacturing defects
  • Right to Repair or Replacement: For defective products
  • Right to Price Reduction or Refund: If repair/replacement is not possible
  • Protection Against Unfair Contract Terms

These Terms are written in compliance with EU consumer protection laws and do not limit your statutory rights.

For more information about your consumer rights, visit:

  • European Consumer Centre Portugal: www.cec.consumidor.pt
  • EU Consumer Rights: https://europa.eu/youreurope/citizens/consumers/

By using our website and purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: December 11, 2024