Terms and conditions
Company Details: TMR Fashion Clothing Lda.
Address: Rua da Pedreira 560 – Azurém 4800-057 Guimarães, Portugal
Postal Code: 4800-057 Guimarães (PT)
Email: sales@brandmebytmr.com
TMR Fashion Portugal Lda. operates as a sole proprietorship limited company, duly registered with the Commercial Registry Office under Tax Identification Number 504129996.
The company's activities encompass the production of apparel.
Website Access:
Accessing and utilizing the website is unrestricted and free for all visitors, requiring no prior subscription or registration.
By accessing the website, users become subject to these terms and conditions ("Terms and Conditions") governing the use of its contents and services. Such access and utilization constitute full and unconditional acceptance of these terms.
Furthermore, users explicitly agree to abide by the privacy policy ("Privacy Policy") and the cookie policy ("Cookie Policy") of the website. Any updates or replacements to the terms and conditions will be presumed accepted upon continued use of the website.
Browsing the website or making purchases from the online store implies acknowledgment and acceptance of the general conditions outlined herein.
Users are aware that access to the website is solely for personal, private, and individual purposes.
For any inquiries regarding the terms and conditions or the privacy and cookies policy, users may contact us via email at: sales@brandmebytmr.com.
Business Information
The user understands and agrees that any proprietary information pertaining Brand Me by TMR Fashion Clothing ®, whether of an economic, financial, or strategic nature (hereinafter referred to as "Corporate Information"), is provided solely for informational purposes.
Therefore, the corporate information presented on the platform should not be construed as investment advice, financial guidance, or as a substitute for professional consultancy or advisory services.
The platform may contain data or materials sourced from third parties other than the company, including submissions from platform users themselves. Brand Me by TMR Fashion Clothing ® does not warrant or assume any responsibility for the reliability, integrity, or accuracy of such data or materials, especially those containing defamatory, offensive, or unlawful content.
While the corporate information is sourced from reputable channels, and reasonable efforts are made by the company to ensure its accuracy, completeness, and currency, it cannot guarantee that such information is error-free, non-misleading, or fully up-to- date.
Brand Me by TMR Fashion Clothing ® shall not be held liable for any loss or damage resulting from the misuse of the service, unless directly attributable to the company through deliberate intent or gross negligence.
Use of the plataform
The user is granted a limited, non-transferable license ("License") by Brand Me by TMR Fashion Clothing ® to access and utilize this online platform, subject to adherence to these terms and conditions, without prejudice to statutory rights, obligations, warranties, and liabilities.
This platform furnishes users with a spectrum of information, services, applications, or data (referred to as the "Content") owned by the company.
By utilizing the platform and its content and/or services, the user acknowledges and agrees that such usage is strictly for personal, private, and individual purposes, and commits to using the platform in good faith.
The user bears sole responsibility for platform usage and any resulting damage from uploaded, linked, shared, or provided content through or on the platform, regardless of content form.
Responsibility for platform usage extends to the registration required for accessing certain services or content. The user is obligated to furnish lawful, accurate, truthful, and current information during registration, with Brand Me by TMR Fashion Clothing ® absolved of responsibility for user-provided information. Upon registration, the user will receive a password for which they are accountable and must handle securely and confidentially. Safeguarding and appropriate use of credentials for accessing the service's reserved area rests with the user. Users may not select a username belonging to another party to assume their identity, nor use a third party's username without their explicit consent. The user is solely and exclusively liable for any actions undertaken through their user account, directly or via third parties authorized by the user.
Despite acting in good faith, the company disclaims any direct or indirect liability for claims arising from the quality, reliability, accuracy, or correctness of said content.
The user commits to using the content provided by Brand Me by TMR Fashion Clothing ® on the platform in a suitable and lawful manner.
The User is explicitly PROHIBITED from:
Engaging in activities that are unlawful, illegal, or contrary to principles of good faith, morality, and/or public order or safety;
Attempting to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any computer applications utilized by the company;
Performing any actions implying reproduction, distribution, copying, rental, sale, public dissemination, transformation, or any other alteration, whether in whole or in part, of the website's content, or exploiting said content for commercial gain or free of charge, without prior written consent from the company;
Using the content provided through the website in a manner contrary to the terms and conditions of use, the privacy policy, and the specific conditions governing the use of particular services or content.
These terms and conditions do not waive any legal obligations, responsibilities, or duties owed to the user by law, nor any obligations or duties legitimately imposed by judicial or administrative authorities, international bodies, or laws.
Content
Brand Me values and upholds intellectual property rights, and we urge you to do the same. Any material you upload will remain your property, and you are accountable for it. We will solely utilize the content you provide to deliver our services. In the event that we receive a Digital Millennium Copyright Act (DMCA) takedown notice regarding content you've submitted, we may either remove the content in question or suspend access to the Brand Me website.
Every piece of content (including information, images, data, text, photographs, graphics, messages, and other materials, collectively referred to as "Content") that you post, submit, upload, display, sell, or use through our services is considered your own. We make no claims to ownership over it. This encompasses all content you share via our services, such as your own content, images, shop name, customer reviews, comments, videos, usernames, and more.
You bear full responsibility for the content you post on or through our services. By doing so, you assert that you possess all necessary rights to the content, including the right to post it or utilize it on products sold, manufactured, or warehoused by Brand Me. Furthermore, you declare that you are not infringing upon or violating any third party's rights by posting or using the content on products associated with Brand Me.
Brand Me by TMR Fashion Clothing ® acknowledges that any content you post using our services remains your property. Accordingly, we commit to never utilizing your content without your explicit consent or as otherwise stipulated in this agreement.
By posting your content, you grant Brand Me a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and create derivative works based on your content. This license is granted solely for the purpose of providing the services and promoting Brand Me and/or your Brand Me store, or the services in general, across various formats and channels, including but not limited to the services themselves, third-party websites, advertising mediums, and social media platforms. You affirm and warrant that you possess the necessary rights to grant us this license.
Brand Me is committed to respecting intellectual property rights and adhering to intellectual property laws. We pledge to follow appropriate legal procedures to remove any infringing content from our Service(s).
We hold your intellectual property rights in high regard and encourage you to express your voice and ideas. It is imperative that you respect the work and creative rights of others. You must either own the content you post to Brand Me or have explicit authorization to do so. Your content must adhere to rights of publicity, trademark, and copyright laws, as well as all other applicable national, state, and federal regulations.
In cases of trademark and intellectual property infringement, we are dedicated to following proper legal protocols to eliminate any infringing content from our services. Brand Me endeavors to accommodate and not impede upon standard technical measures employed by copyright owners to identify and safeguard their works. We retain the right, at our sole discretion, to take any or all of the following actions: (i) immediately suspend your use of the services; and/or (ii) remove, block, or disable access to any content of yours that is alleged to infringe upon the intellectual property rights of others. Upon receipt of a notice of intellectual property infringement (via the designated form), Brand Me aims to promptly respond by removing, blocking, or disabling access to the allegedly infringing material. We also make reasonable efforts to contact the allegedly infringing party, furnish details about the notice and removal, and, in cases of alleged copyright infringement, provide information regarding counter notification.
DMCA Compliance: Brand Me adheres to the requirements and responsibilities outlined in the Digital Millennium Copyright Act (DMCA) concerning copyright infringement notices and content removal procedures. Should any obligations under the DMCA change or differ from what is stated here, Brand Me's policies and procedures will be adjusted accordingly to remain compliant. For further details on the DMCA procedure, please refer to our provided resources.
Counter DMCA Notifications: In the event that Brand Me receives a DMCA counter notification, a copy of said notice will be promptly forwarded to the original complainant. Unless the copyright owner initiates legal action against the alleged infringing party and notifies Brand Me accordingly, any removed, blocked, or disabled material may be reinstated or access restored within 10-14 business days following the delivery of the counter notice. Should legal action be taken, Brand Me reserves the right to maintain the removal, blocking, or disabling of the content at its discretion.
Repeat Infringement: Brand Me retains the authority to revoke account privileges of members who repeatedly receive notices of intellectual property infringement, as determined solely by Brand Me.
Copyright and trademark compliance: By accepting this agreement and utilizing our services, you affirm that you hold all rights, including copyrights, to the content you post. If you are not the owner, you confirm that you possess the necessary permissions to utilize and reproduce said content in connection with our services. Furthermore, you assert that you have the requisite rights to post the content. Additionally, you acknowledge and agree that any copyrights, trademarks, service marks, trade dress, and trade names incorporated into your content are either owned by you or used with proper authorization.
Inappropriate or misleading content: You understand and agree not to submit any content to our services that is abusive, threatening, defamatory, obscene, vulgar, illegal, or otherwise offensive, or in violation of any part of this agreement. Additionally, you agree not to post any content that is false or misleading, nor to employ the services in a fraudulent or deceptive manner.
Changes to the content
The organization retains the authority, without advance notice and with instant impact, to alter, remove, include, and refresh the data and amenities presented on this site. Additionally, it maintains the prerogative to execute changes to the site, its arrangement, aesthetics, framework, presentation, and terms of access and utilization at any moment and without prior notice.
Similarly, the organization maintains the authority to cease, pause, or conclude the provision of the site's service or any of its incorporated amenities at any given time.
Connections to External Websites
Our website might contain hyperlinks leading to websites managed by third parties. These links are offered as an extra convenience to our users and do not imply any endorsement from our company. The hyperlinks provided on our website are solely for the convenience of users and do not signify any endorsement from us. Users are entirely responsible for their use of these links, and therefore, our company holds no responsibility for any outcomes that may arise from such usage.
Intellectual Property Rights in the Digital Sphere
The digital platform's elements, encompassing but not limited to visuals, textual content, software, codes, graphics, images, audio, music, videos, interactive features, and similar assets, along with trademarks, logos, and any other forms of industrial or intellectual property rights embedded within, are solely owned by the organization. Any unauthorized usage by third parties is explicitly forbidden.
The website's content is provided to users for informational and personal purposes exclusively. Users are strictly prohibited from utilizing, duplicating, reproducing, disseminating, transmitting, broadcasting, vending, licensing, or exploiting the content for any other objectives without obtaining prior written consent from the organization.
Should you choose to download or print any content for personal use, it is imperative to retain all copyright or pertinent rights and any additional proprietary notices contained therein.
Data Collection
In pursuit of tailoring and adjusting the website, as well as crafting and providing fresh content or services that align more closely with your preferences, the company will employ technological tools or mechanisms enabling the storage of data and the acquisition of statistical insights from users. The data acquired via these mechanisms will remain unlinked to individual users and will adhere to the guidelines outlined in the privacy policy featured on the website.
Disclaimer of Warranties and Limitation of Liability
Brand Me by TMR Fashion Clothing ® shall not bear responsibility for any damages, or losses arising from various factors, including but not limited to errors or oversights in the content, technical glitches, lack of quality, reliability, accuracy, completeness, truthfulness, and validity of this website and its content. Additionally, Brand Me by TMR Fashion Clothing ® shall not be held liable for damages incurred due to the transmission of viruses, malware, or harmful software, notwithstanding the preventative measures employed to mitigate such cyber threats.
Brand Me by TMR Fashion Clothing ® disclaims all warranties, conditions, or other terms implying that the services, servers, or any data (including emails) transmitted from the company are free from viruses or other detrimental elements.
Users of the website shall be held personally and unconditionally accountable for any damages or losses inflicted upon the company and/or any other users or third parties as a result of violating these terms and conditions.
Brand Me by TMR Fashion Clothing ® retains the right to remove any comments or content posted by users on the website if deemed inappropriate. Furthermore, the company reserves the authority to demand immediate deletion of such content from users and to deny or restrict access to the Website and/or its offered content, at its sole discretion, for users who fail to adhere to these terms and conditions. In pursuit of this, the company maintains the right to request the immediate removal of any links, comments, or content associated with the website that have been utilized, disseminated, distributed, published, exported, exploited, reproduced, or copied in a manner contrary to the stipulations of these terms and conditions.
Users engage with the content and services at their own risk, and under no circumstances shall the company (or its officers, directors, and/or employees) be held liable for: i) direct, indirect, punitive, incidental, special, or consequential loss or damage, or loss of revenue, profits, reputation, data, contracts, or use of money, or loss or damage resulting from or in any way related to business interruptions of any kind arising from or in any way connected with your access to, submission, or use of the services, or your delay or inability to access, submit, or use the services (including, without limitation, your reliance on ratings and opinions presented on or through the services); ii) viruses, bugs, trojan horses, information, software, linked sites, products, and services obtained through the services; iii) personal injury or property damage, of any nature whatsoever, resulting from your use of the services' servers and/or any and all personal data and/or financial information stored therein; iv) any errors or omissions in any content or any loss or damage of any kind arising from the use of any content; or v) resulting from your access to, submission, or use of the services), whether on a theory of negligence, contractual liability, willful misconduct, strict liability, or otherwise, and even if the company has been advised of the possibility of such damages.
Brand Me by TMR Fashion Clothing ® will take action against violations of these terms and conditions and any misuse of the website, utilizing all legal measures available, including those of a penal nature.
In cases where a consumer initiate disputes against a supplier of goods or service provider concerning contractual obligations arising from contracts for the purchase and sale or provision of services, entered into between the said supplier of goods and consumers residing in Portugal and the European Union, the consumer may seek resolution through a consumer dispute resolution entity (as outlined in article 18 of Law No. 144/2015, dated 8 September).
Brand Me by TMR Fashion Clothing ® shall not be held liable for losses or damages resulting from the failure to perform or defective performance of the service, unless directly or indirectly caused by the company due to willful misconduct or gross negligence. Specifically, the company disclaims responsibility for: (i) errors, omissions, or inaccuracies in the information provided through the service; (ii) damages caused by the user or third parties, including intellectual property infringements; (iii) non- fulfillment or defective fulfillment resulting from judicial or administrative decisions; or (iv) non-fulfillment or defective fulfillment arising from force majeure events—extraordinary or unforeseeable circumstances beyond the company's control, such as fires, power outages, explosions, wars, civil disturbances, government actions, strikes, earthquakes, floods, natural disasters, or other uncontrollable events hindering the performance of obligations by the company.
The company does not warrant that:
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1. The service will be provided continuously, securely, without errors, or indefinitely;
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2. The quality of any product, service, information, or other material obtained through
the service will meet the User's expectations;
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3. Any material obtained through the service will be used at the user's own risk, and the
user is solely responsible for any damage to their computer system or equipment, or
any loss of data resulting from such use;
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4. Any advice or information obtained from or through the service, whether oral or
written, will create any guarantee not expressly stated in these general conditions.
The user acknowledges that the company cannot be held responsible in any way for damages, including but not limited to loss of profits, data, content, or any other loss (even if the user has been previously advised of the possibility of such damages), resulting from:
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1. The use or inability to use the service;
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2. Difficulties in obtaining substitute goods/services;
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3. Unauthorized access or modification of personal databases.
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4. Any advice or information obtained from or through the service, whether oral or
written, will create any guarantee not expressly stated in these general conditions.
Governing Law and Jurisdiction
The regulations set forth in the terms and conditions are subject to and interpreted under the laws of Portugal, in line with agreements made and executed within Portugal.
Should any provision of this agreement be deemed invalid, it shall be considered excluded from the agreement, while the remaining provisions shall continue to be fully effective.
If no amicable resolution is reached between the involved parties, disputes arising from the formation, execution, or interpretation of the terms and conditions shall be governed by Portuguese law and brought before the judicial courts of the district of Porto, with explicit waiver of any alternative venues.
Brand Me by TMR Fashion Clothing ® engages with consumer dispute resolution entities in Portugal, including:
For further assistance, refer to the "Online dispute resolution" section, accessible at [...].
In cases of both national and cross-border consumer disputes, particularly within the realm of online transactions, consumers retain the right to seek assistance from the European Consumer Center through the ODR Platform (Online Dispute Resolution), which holds the authority to address conflicts stemming from contractual obligations arising from online sales or services.