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TERMS AND CONDITIONS

The contents of this website, including its design, software and programming codes are property of MÁRCIO MERUJE UNIPESSOAL LDA, which uses the name KENSHO BONSAI STUDIO, whereby the copy, use, reproduction, distribution or any kind of communication of the information contained on this website without the prior authorization of the owner is prohibited. All requests to use content should be sent to info@kenshobonsaistudio.com.

The following conditions are agreed between MÁRCIO MERUJE, UNIPESSOAL, LDA, taxpayer No. 514 235 349 - hereinafter referred to by the firm "KENSHO BONSAI STUDIO" - and natural persons aged 18 or over years and legal persons, who wish to make a purchase through the website https://www.kenshobonsaistudio.com - hereinafter referred to as "CUSTOMER ” and when mentioned together are referred to as “PARTIES”.

The PARTIES agree that their relations will be governed exclusively by the conditions described herein, excluding any conditions previously available on the Website.

Whereas:

A. KENSHO BONSAI STUDIO undertakes to comply with all current legislation on contracts concluded at a distance, namely Decree-Law no. 24/2014, of February 14, which transposes Directive no. 2011/83/EU of the European Parliament and of the Council, of October 25, 2011, on the rights of consumers, understood as natural persons who act for purposes that are not part of their commercial, industrial, craft or professional activity and, as for other CUSTOMERS with the necessary adaptations;

B. The photographs used on this site are merely illustrative and representative of the final product, taking into account the unique characteristics of each item, so it is advisable to consult the detailed product sheet. If you have any questions regarding the characteristics of a particular product, please contact info@kenshobonsaistudio.com;

C. KENSHO BONSAI STUDIO also reserves the right to modify, limit or cancel access to the contents of its website at any time, as well as to make changes in its configuration or presentation, and may make use of such right at any time and without prior notice.

1. ACCEPTANCE OF TERMS OF SALE

The general conditions of sale must be consulted and observed by the CUSTOMER before confirming their purchases. Confirmation of the order implies full recognition and full acceptance of the conditions of sale mentioned in the following clauses.

2. PRICE

2.1 The price is indicated in euros.

2.2 All products available on the Online Store https://www.kenshobonsaistudio.com include VAT legal rate in force.

2.3 The prices indicated do not include delivery charges that will be added to the order validation.

2.4 If there is an increase in the price of any product, the CUSTOMER will be informed prior to completion of the purchase to, if desired, choose to receive your order (paying the difference) or proceed to your cancellation.

2.5 Whenever an item has a price reduction, the sale modality (sales, promotions or liquidation), the type of product, the reduction percentage, the start date and the duration period and its communication to the competent authorities, whenever required.

3. ORDER

3.1 The CLIENT may place his order online on the website https://www.kenshobonsaistudio.com or by email to: info@kenshobonsaistudio.com.

3.2 The CLIENT may register in advance by filling in the mandatory fields with their personal data such as first name, surname, telephone number, email and password and the optional field of date of birth.

3.3 By placing your order, the CLIENT expresses its full and complete acceptance of the general conditions of sale, prices and description of the products included in this transaction. These general conditions of sale are the only ones applicable between the PARTIES.

3.4 If the item(s) runs out, KENSHO BONSAI STUDIO undertakes to inform the CUSTOMER and reimburse him of the amounts he may have paid, within the period maximum of 30 (thirty) days from the date of knowledge of the unavailability.

3.5 Orders placed through the website https://www.kenshobonsaistudio.com which must be paid within 72 hours, after which KENSHO BONSAI STUDIO will proceed with its cancellation.

4. PAYMENT METHODS

Payment can be made via:

4.1 Deposit or Bank Transfer: Banco SANTANDER TOTTA S.A.

IBAN: PT50 0018 000343937499020 22 | BIC/SWIFT: TOTAPTPL

Beneficiary: MÁRCIO MERUJE – Kensho Bonsai Studio

The order will be processed upon receipt of payment, so we will clear the entire procedure after sending proof of payment to the email: info@kenshobonsaistudio.com.

4.2 Check or Postal Order issued to: MÁRCIO MERUJE, UNIPESSOAL, LDA, Kensho Bonsai Studio,

And sent to the address:

Rua da Corga, no. 186, Serém de Cima, 3750-599 Macinhata do Vouga, Águeda

The order will be processed after payment has been made.

4.3 PAYPAL:

KENSHO BONSAI STUDIO will not store any information from your PayPal account login details.

4.4 ATM reference:

At the end of the order, you will receive in your email a reference that you can pay at any ATM or through your homebanking service.

For more information about payment methods contact us at: info@kenshobonsaistudio.com

The operation of selecting the payment method to be used and entering the data inherent in the order payment process is properly protected.

5. DELIVERY

5.1 On the KENSHO BONSAI STUDIO website there are three shipping methods:

i) In-store pickup

» You can collect your order, at no extra cost, upon presentation of the identification document.

» If you choose this mode of delivery, you must pick up the order within 15 days, after the notification for this purpose. If you do not pick up the article within the indicated period, KENSHO BONSAI STUDIO will grant a maximum additional period of 5 days for this purpose, after which the article(s) will be considered abandoned , pursuant to the provisions of article 1318 of the Civil Code, which will imply the loss of property rights in favor of KENSHO BONSAI STUDIO.

II) Regular Shipping

» All orders are delivered directly to the address indicated by the Customer and have a tracking code, sent by email

III) DHL Express in 24 hours

5.2 Once the order is finalized it is not possible to change the payment method, address or delivery method.

5.3 After confirmation of payment, KENSHO BONSAI STUDIO will process the order and the CUSTOMER will receive a confirmation email.

5.4 The order will be processed for shipment within a maximum period of 72 hours, unless stocks last.

5.5 KENSHO BONSAI STUDIO will not be responsible for any undelivered order caused by the absence of the customer at the indicated address, incomplete address, incorrect data, delay in delivery by the carrier and similar situations.

5.6 In order to ensure the quality of deliveries of live material, shipments will be carried out by the Wednesday following the date of order confirmation, so that these products are not in transit in the carrier over the weekend.

6. WARRANTIES

6.1 Kensho Bonsai Studio undertakes to deliver the products in accordance with the general conditions of sale available on this website.

6.2 In case of non-compliance of the good with the contract, with the exception of live material, the Consumer is entitled to have it replaced free of charge, by means of repair or replacement, to the reduction of the price or contract termination, within two years.

6.3 The phytosanitary conditions of the living material are guaranteed, such as seeds, young plants, pre-bonsai, bonsai, which are also accompanied by the respective label with the identification of the species and the deadline for exercise of the rights provided for in the preceding paragraph regarding these perishable goods is 15 days.

6.4 KENSHO BONSAI STUDIO is registered with the Ministry of Agriculture with a Production and Marketing License for ornamental plants and all its products are shipped, guaranteeing the vitality of the specimens and in working conditions (pruning , bracing, transplant).

7. DAMAGE DURING SHIPPING

7.1 Upon receipt of the order, the CLIENT must verify with the responsible of the carrier that the order is not damaged. If the purchased product(s) are defective, the CUSTOMER must immediately inform the person in charge of the carrier and KENSHO BONSAI STUDIO, within a maximum period of 24 hours, providing the order number and a brief description of the defect through:

Email: info@kenshobonsaistudio.com Mobile: (+ 351) 967 277 920

7.2 All orders that are damaged will be guaranteed by the carrier's own insurance up to the maximum stipulated by law. In the case of orders over €1000.00 (one thousand euros) KENSHO BONSAI STUDIO will inform the customer of the additional insurance option available for each case.

8. RIGHT OF FREE RESOLUTION

8.1 Pursuant to Decree-Law no. 24/2014, of February 14, amended by Decree-Law no. 78/2018 of October 15, which regulates contracts entered into at a distance and outside the commercial establishment, KENSHO BONSAI STUDIO informs that:

The consumer has the right to freely terminate the contract, without the need to indicate the reason and without the right to compensation, within 14 days from receipt of the order and without prejudice to the provisions in the following paragraph;

For living material, that is, perishable goods such as plants and flowers, the period for exercising the right of free withdrawal is 2 days from receipt of the order.

8.2 In order to exercise their right of free withdrawal, the consumer must communicate that he has terminated the purchase and sale contract relating to the good he intends to return, by means of a declaration to be sent by:

a) letter to the following address:

Rua da Corga, no. 186, Serém de Cima, 3750-599 Macinhata do Vouga, Águeda

b) email:info@kenshobonsaistudio.com

8.3 The declaration must contain the following information:

i) Identification of the recipient (if your communication is by letter);

ii) Sender Identification - Name and Address;

iii) Date (if your communication is by letter);

iv) Online Order number and date;

v) Invoice-Receipt Number;

vi) Reference and quantity of products to be returned;

vii) Signature (if your communication is by letter).

8.4 The exercise of the right of free termination by the Client is considered timely when the termination statement is sent before the expiration of the termination period.

8.5 Pursuant to article 13, paragraph 2 of Decree-Law no. 24/2014, of February 14, amended by Decree-Law no. bear the costs of returning the items. For more information you can go to the physical store of Kensho Bonsai Studio at Rua da Corga, no 186, Serém de Cima, 3750-599 Macinhata do Vouga, Águeda or contact for the email info@kenshobonsaistudio.com

8.6 All returned products must be received at our premises in the original packaging as they were sent.

8.7 In the case of live material, the return will only be accepted when the material has not been modified (eg pruning, framing, transplanting). Whenever this is verified, Kensho Bonsai Studio will not make any refund of the amount paid to the User.

8.8 In case of termination, the refund will be made within a maximum period of 14 days from the date of communication of the termination of the contract, through the same payment method used in the initial transaction.

9. LEGAL INFORMATION

Portuguese law and jurisdiction apply to this contract, and in case of litigation, and to judge any issues arising therefrom, the Client may resort to CNIACC – Consumer Conflict Information and Arbitration Center.

Last update date: August 1, 2021