Terms and Conditions

1. Identification, object and scope

360 Merchandising is a brand owned and operated by CRIATIVALCANCE, UNIPESSOAL LDA, legal entity no. 518143350, with registered office at Avenida Fernão de Magalhães, N.º 481, 2.º Andar - Sala D, 3000-177 Coimbra, Portugal.

These General Terms and Conditions («Terms») regulate the access and use of the 360-merchandising.com website, the creation and use of customer accounts, the acquisition of products, customisation services, the processing of orders, payments, production, shipping, delivery, complaints, returns and other commercial relationships established with 360 Merchandising.

When placing an order, the customer declares to have read and accepted the Terms applicable on the date of purchase. Acceptance of these Terms does not imply a waiver of rights that are mandatory under applicable law.

360 Merchandising sells to consumers and business customers and accepts orders for several countries, with the availability of certain products, customisation techniques and delivery methods depending on the destination, availability and applicable legal or logistical restrictions.

2. Definitions and nature of customers

For the purposes of these Terms:

• «360 Merchandising» or «Seller» means the brand operated by CRIATIVALCANCE, UNIPESSOAL LDA;
• “Customer” means any natural or legal person who uses 360 Merchandising channels or places an order;
• “Consumer” means a natural person who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal or professional activity;
• «Business customer» means the natural or legal person who purchases products or services as part of their business or professional activity;
• «Customised Product» means any good produced, transformed, printed, engraved, embroidered, marked or prepared in accordance with specifications chosen by the customer or with content provided by the customer;
• «Mockup» or «soft proof» means a visual representation intended to validate, where applicable, the position, size, orientation and/or general appearance of the personalisation before production.

The provisions specifically relating to consumer rights only apply to those who legally have this status. In B2B relationships, these Terms, the agreed commercial conditions and applicable civil and commercial legislation apply.

3. Use of the website and customer account

The customer must use the website in a lawful, diligent and compatible manner with its purpose. When an account is created, the data provided must be true, complete and updated, and certain fields may be mandatory or optional depending on the type of customer and operation.

The customer is responsible for the confidentiality of their credentials and the operations carried out through their account, unless they demonstrate that unauthorised access occurred for reasons beyond their control.

In particular, it is prohibited:

• access or attempt to access areas, data, systems or accounts without authorization;
• interfere with the security, availability or operation of the website;
• introduce malicious code, viruses, abusive scripts or automated mechanisms designed to extract data without authorization;
• use false identities or create accounts in the name of third parties without powers to do so;
• use promotions, discounts, campaigns or website features in a fraudulent or abusive manner;
• collect data from other users without legitimate grounds or consent where required.

4. User conduct and submitted content

The customer is responsible for the files, images, logos, texts, slogans, photographs, brands, designs, documents and other content that they submit for customisation, publication, evaluation or communication.

The customer must not submit content that:

• is unlawful, defamatory, threatening, discriminatory, inciting hatred or violence, sexually illicit or harmful to minors;
• violates copyright, trademarks, designs, patents, trade secrets, image rights, privacy or other rights of third parties;
• contains personal data of third parties without legitimacy for its use;
• includes false or materially misleading information;
• contains malicious code or could compromise systems, people or equipment.

360 Merchandising may refuse, suspend or cancel the production of content that, on reasonable grounds, may violate the law, third party rights, technical production requirements or these Terms. Whenever a paid order is refused for reasons not attributable to the customer, the applicable refund procedures will be adopted.

5. Intellectual property

The website, the visual identity of 360 Merchandising, texts, photographs, graphics, interfaces, software, databases, design elements and other content made available by 360 Merchandising are protected by applicable intellectual property rights, belonging to CRIATIVALCANCE, UNIPESSOAL LDA or third parties who have authorised their use.

The customer does not acquire any ownership rights over these elements by simply accessing the website or purchasing products.

5.1. Customer content

The client maintains the rights it legitimately holds over the content submitted. By providing content to fulfill an order, you grant CRIATIVALCANCE, UNIPESSOAL LDA and strictly necessary operating partners a non-exclusive, temporary and limited license for the purpose of preparing, technically adapting, converting, vectorizing, reproducing, producing, quality controlling, shipping and providing support in relation to the order.

The customer guarantees that it has the necessary rights, licenses, authorizations and consents to allow such use.

5.2. Intellectual property infringement reports

Anyone who considers that content used through 360 Merchandising violates intellectual property rights may contact info@360-merchandising.com, identifying the right allegedly violated, the content in question, their contact details and elements that allow demonstrating the legitimacy of the complaint.

6. Products, commercial information and availability

360 Merchandising seeks to present up-to-date information about products, characteristics, colours, materials, dimensions, customisation possibilities, prices and availability. However, changes to the catalogue, stock, technical specifications or material errors may occur.

The images are illustrative in nature. Colour presentation may vary depending on screen, lighting, material, finish and customisation technique. These natural variations do not prejudice the customer's rights when there is an effective lack of conformity of the product.

The indicated availability may change between the inquiry and the validation of the order. 360 Merchandising may refuse or cancel an order line when the product becomes unavailable, is subject to restriction in the country of destination or there is a clear material error in the information presented, refunding the corresponding amounts when they have already been paid.

7. Order process and contract formation

To make a purchase, the customer selects the products, quantities, variants, customisation options and other available elements, confirms the billing and delivery details and chooses a payment method presented at checkout.

Before completing the order, the customer must carefully check the information entered, including product, colour, quantity, personalisation technique, position, file, text, addresses, NIF and contacts.

Submission of the order constitutes a purchase proposal. The automatic sending of an order receipt message confirms that the order has been received, but commercial acceptance is dependent on validation of payment and the possibility of processing the order. The contract is considered concluded when the order is accepted for processing, without prejudice to the applicable mandatory rules.

360 Merchandising may request additional information when necessary to validate data, prevent fraud, clarify files or ensure the technical feasibility of customisation.

8. Customisation, files and approval of mockups

For customizable products, the customer must ensure that the file or design submitted is suitable for the intended purpose and that they fully review the elements presented before confirmation.

When there is an editor or customizer, the customer must check, among others:

• textual content, spelling, punctuation, names, numbers and dates;
• position, orientation, scale and proportion of the personalisation;
• selected printing area and customisation technique;
• selected colour or number of colours, when applicable;
• quality, resolution, transparencies and readability of the uploaded file.

When a mockup or digital proof is made available for approval, the client's approval means that they accept the visible elements and choices represented in that proof. Errors visible in the mockup and approved by the client, such as spelling errors, incorrect text, orientation or chosen positioning, do not in themselves constitute a production defect.

Digital proofing is a visual approximation. Reasonable differences arising from physical media, printing technique, texture, brightness or screen calibration may occur. This clause does not exclude liability for lack of conformity, production defect or execution materially different from the approved order.

360 Merchandising and its operational partners can perform strictly technical adjustments necessary for production — for example, format conversion, vectorization, file preparation or adaptation to the maximum dimensions of the personalisation area — provided that such adjustments do not materially alter the approved content or, when they do, are subject to new validation by the customer.

9. Prices, taxes, campaigns and promotions

Prices are shown in euros unless otherwise stated. The total applicable price, taxes, customisation costs and delivery costs are displayed before final order confirmation, according to the data entered and the destination selected.

Prices, product ranges and commercial conditions may be changed for future orders. Changes do not affect orders already accepted, except for a manifest material error, change required by law or agreement with the customer.

Campaigns, promotional codes, discounts and benefits are subject to specific conditions disclosed in each action. Unless expressly stated, different promotions may not be combined.

The fraudulent use of campaigns, creation of artificial accounts, manipulation of references or other practices designed to obtain undue advantages may result in the cancellation of benefits, suspension of the account and exercise of applicable legal rights.

10. Payment and invoicing

Electronic payments are processed through Stripe. The payment methods actually available are those presented at checkout at the time of purchase and may vary depending on the country, currency, device or technical conditions of the provider.

360 Merchandising does not store complete payment card data. The processing of payment data is carried out by the specialized provider, under the applicable terms.

The order only goes into processing after payment confirmation, unless a commercial method is expressly agreed otherwise.

The customer must provide correct billing information, including NIF or company data when applicable. The invoice is issued electronically and sent to the email associated with the order and/or made available in the customer area, according to the service configuration.

11. Production, dispatch and delivery

The deadlines shown on the website or checkout are estimates based, among other factors, on availability, quantity, customisation technique, production time, destination and logistics method.

When a contractually binding delivery date or interval is indicated, the legally stipulated rights in case of non-compliance apply.

The selection of the carrier and logistics circuit is carried out by 360 Merchandising and/or its operational partners depending on the destination and characteristics of the order.

The customer is responsible for providing a complete and correct delivery address and for ensuring reasonable reception conditions. Costs or delays directly resulting from an incorrect, incomplete address, unjustified refusal of delivery or non-collection attributable to the customer may be charged to the customer when legally permissible.

In the case of consumers, the risk of loss or damage is only transferred when the consumer or a third party indicated by the consumer, other than the carrier, acquires physical possession of the goods, unless the consumer himself has chosen a carrier other than those proposed by 360 Merchandising.

11.1. International deliveries

In international orders there may be product restrictions, customs requirements, taxes, import duties or local charges. Whenever such costs are not included in the price presented by 360 Merchandising, their possible attribution to the recipient will depend on the legislation of the country of destination and the information provided before completing the purchase, when applicable.

12. Changes and cancellation of orders

The customer must contact 360 Merchandising as soon as possible if they wish to change or cancel an order.

For non-personalised products, requests for changes or cancellations before dispatch will be analysed according to the status of the order and without prejudice to the right of withdrawal recognized to the consumer in legally applicable cases.

For personalised products, the possibility of change or cancellation depends on the preparation and production status. Once customisation or production to customer specifications begins, it may not be possible to change or cancel the order. This rule does not prejudice rights arising from lack of conformity or non-compliance attributable to the seller.

13. Right of withdrawal on non-personalised products

When the customer is a consumer and purchases goods at a distance that are neither personalised nor covered by another statutory exception, they generally have 14 days to exercise the right of withdrawal without giving a reason.

The period is, as a rule, counted from the date on which the consumer or a third party indicated by the consumer, other than the carrier, acquires physical possession of the good, under the legally applicable terms.

To exercise this right, the consumer must send an unequivocal statement to info@360-merchandising.com, identifying the order and the goods covered. You can use the model in Annex I, although its use is not mandatory.

After giving notice of withdrawal, the consumer must return the goods within the applicable legal deadline, following the instructions provided by customer support. The return address will be indicated for the specific case and may be different from the CRIATIVALCANCE, UNIPESSOAL LDA headquarters.

Unless 360 Merchandising agrees to bear them or the law determines otherwise, the direct costs of returning goods under the right of withdrawal are borne by the consumer.

The refund will be made within the legal period of 14 days from notification of withdrawal, and may be withheld until receipt of the goods or presentation of proof of return, as permitted by law. The refund includes payments received and the cost of the least expensive standard delivery method available, not including additional costs resulting from choosing a more expensive delivery method.

The refund is made, as a rule, through the same payment method used in the initial transaction, unless expressly agreed otherwise and provided that the consumer does not incur any costs for this reason.

14. Customised products and exception to the right of withdrawal

Unless otherwise agreed, the right of withdrawal does not apply to the supply of goods made to the consumer’s specifications or clearly personalised.

Therefore, products printed, engraved, embroidered, marked or prepared specifically based on the customer's choices, files, logos, texts, images or other specifications cannot, as a rule, be returned solely due to a change of opinion.

The exclusion of the right of withdrawal does not remove the consumer’s rights in the event of a lack of conformity, defect, damage, production error or performance materially different from what was agreed.

15. Conformity, statutory guarantee and complaints

360 Merchandising undertakes to supply products that comply with the contract and with the characteristics presented and approved, taking into account the nature of the product and the customisation.

For sales to consumers, CRIATIVALCANCE, UNIPESSOAL LDA is liable for any lack of conformity under Portuguese Decree-Law No. 84/2021 of 18 October, including the statutory liability period of three years from delivery of the goods, where applicable.

In the event of a lack of conformity, the consumer has the remedies provided by law, namely repair or replacement and, where the statutory conditions are met, a proportionate price reduction or termination of the contract. If the lack of conformity becomes apparent within the first 30 days after delivery, the statutory rights of rejection also apply.

The rules in this section do not apply in the same way to Business customers, whose rights result from civil and commercial legislation, specific agreed conditions and commercial guarantees that may be applicable.

15.1. Situations attributable to the customer

Without prejudice to mandatory consumer rights, a result arising exclusively from incorrect instructions or materials supplied by the customer does not constitute a lack of conformity attributable to 360 Merchandising, for example:

• spelling, grammatical, numerical or content errors in the approved file or mockup;
• image of insufficient resolution or technically inadequate file whose limitation was communicated or was clearly noticeable in the approval process;
• incorrect selection of product, variant, quantity, colour, technique or location by the customer;
• incorrect or incomplete delivery address provided by the customer;
• damage caused after delivery by use, storage, washing, maintenance or handling contrary to applicable instructions.

16. Returns, replacements, reprints and refunds

When the customer identifies a problem, they must contact customer support via info@360-merchandising.com or +351 913 784 204, indicating the order number and describing the situation.

To enable a rapid analysis, 360 Merchandising may request reasonably necessary elements, such as photographs or video of the product, packaging and shipping label, indication of the number of affected units and, when relevant, elements that allow the defect to be measured or identified.

The presentation of these elements is intended to facilitate diagnosis and does not limit the consumer's rights when the law does not allow their exercise to be conditioned on such formalities.

Once a lack of conformity is confirmed, the means of restoring conformity provided for by law and appropriate to the specific case will be applied. When it is necessary to return the item for repair or replacement within the scope of the consumer's legal guarantee, the costs necessary to restore conformity are borne by the professional in accordance with legal terms.

In case of refund, it will be made using the legally or contractually applicable payment method. 360 Merchandising may limit a reprint, replacement or refund to the units actually affected when this is consistent with the nature of the problem and the customer's rights.

17. Reviews, contests and recommendations

17.1. Ratings and comments

The customer may, when the functionality is available, publish reviews or comments. Content must represent a genuine experience and comply with the law and these Terms. 360 Merchandising may moderate or remove content that is illegal, fraudulent, abusive, advertising or unrelated to the product or service.

17.2. Contests and campaigns

Competitions, prize draws and promotional campaigns may be subject to specific regulations or conditions, which prevail over these Terms regarding the specific aspects of the action.

17.3. Refer a friend

When there is a recommendation functionality, the benefits, eligibility criteria, validity, conditions of attribution and use will be those presented in the current campaign. The system cannot be used for abusive self-referral, artificial account creation, spamming or fraudulently obtaining benefits.

18. Suspension and termination of accounts

360 Merchandising may suspend or terminate an account when there is reasonable evidence of fraud, serious or repeated violation of these Terms, security risk, illegal use or need to comply with a legal obligation.

Whenever circumstances allow, the customer will be informed of the measure and its reason. The suspension or termination of an account does not extinguish obligations already established, including payment, delivery, guarantee, return or other obligations associated with orders already placed.

The customer may request the closure of their account through info@360-merchandising.com, without prejudice to the retention of data required by law or necessary for the execution and proof of existing contractual relationships.

19. Liability

360 Merchandising is liable for damages that are legally attributable to it and does not exclude or limit liability in situations where the law does not allow such exclusion or limitation.

Without prejudice to consumer rights, 360 Merchandising is not responsible for delays, failures or damages that result exclusively from incorrect information provided by the customer, misuse of the product, acts of third parties beyond its reasonable control or events of force majeure.

360 Merchandising does not guarantee that the website will function without interruptions at all times. Periods of maintenance, updates, network failures, unavailability of third-party services or technical incidents may occur.

In relations with Business customers and to the maximum extent permitted by law, liability for indirect damages, loss of opportunity, loss of profit or purely consequential damages is excluded when such damages do not result from intent or gross negligence and are not covered by mandatory legal liability.

20. Data protection, cookies and electronic communications

The processing of personal data carried out in connection with the use of the website, account creation, orders, customisations, payments, marketing and customer support is regulated by the 360 Merchandising Privacy Policy.

The use of cookies and similar technologies is governed by the information and consent mechanisms available on the website and, when applicable, by the Cookies Policy.

Commercial communications can be canceled through the “unsubscribe” mechanism provided in the messages or by contacting 360 Merchandising, without prejudice to the sending of communications strictly necessary for the account, order or contractual relationship.

21. Force majeure and events beyond reasonable control

Neither party will be responsible for non-performance or delay resulting from an extraordinary and unpredictable event beyond its reasonable control, including, as the case may be, natural disasters, fires, war, serious transport disruptions, general strikes, systemic communications failures, acts of authority or general unavailability of infrastructure.

The affected party must take reasonable steps to minimize the impact and resume performance of its obligations as soon as possible. The consumer's mandatory rights regarding delivery, termination or refund remain in accordance with applicable legislation.

22. Changes to the Terms and general provisions

CRIATIVALCANCE, UNIPESSOAL LDA may update these Terms to reflect legislative, technological, operational or business changes. The current version will be published on the website indicating the update date.

Unless the law imposes another solution, changes do not retroactively modify orders already concluded.

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted.

The eventual failure to exercise a right by 360 Merchandising does not constitute a waiver of that right.

When the Terms are made available in several languages, the Portuguese version constitutes the reference version for interpretation, without prejudice to the mandatory standards applicable to the consumer in their country of residence when these cannot be set aside by agreement.

23. Applicable law and dispute resolution

These Terms and the contracts concluded with CRIATIVALCANCE, UNIPESSOAL LDA are governed by Portuguese law, without prejudice to mandatory consumer protection provisions that are applicable depending on the consumer's country of residence.

In relations with consumers, any clause relating to forum or applicable law must be interpreted without depriving the consumer of the protection afforded to him by mandatory rules and the applicable rules of judicial jurisdiction.

In relationships exclusively between professionals, and unless there is a written agreement to the contrary or mandatory legal rule, the Coimbra district court is competent to resolve disputes arising from the contractual relationship.

23.1. Alternative Resolution of Consumer Disputes

In the event of a consumer dispute, the consumer may resort to a competent Alternative Dispute Resolution (RAL) entity, in accordance with Law No. 144/2015, of September 8, as amended.

Given the location of CRIATIVALCANCE, UNIPESSOAL LDA, the Consumer Conflict Arbitration Center of the Coimbra Region may be relevant, among others territorially competent. In areas not covered by a regional center, the National Center for Information and Arbitration of Consumer Conflicts (CNIACC) may be competent.

The updated list of RAL entities can be consulted at the Directorate-General for Consumers:

www.consumidor.gov.pt.

The former European Online Dispute Resolution Platform (ODR/RLL) was discontinued on 20 July 2025 and is therefore not recommended as a current means of submitting disputes.

24. Complaints Book and contact details

For support, complaints, requests related to orders or exercise of contractual rights:

• CRIATIVALCANCE, UNIPESSOAL LDA
• Avenida Fernão de Magalhães, N.º 481, 2.º Andar - Sala D, 3000-177 Coimbra, Portugal
• Telephone: +351 913 784 204
• Email: info@360-merchandising.com
• Website: 360-merchandising.com

The consumer can also submit a complaint through the Electronic Complaints Book:

www.livroreclamacoes.pt.

Annex I — Model withdrawal form

This form is intended only for consumers and only where the statutory right of withdrawal applies. As a rule, it does not apply to goods made to the consumer’s specifications or clearly personalised.

To CRIATIVALCANCE, UNIPESSOAL LDA / 360 Merchandising Email: info@360-merchandising.com

I hereby give notice that I withdraw from the contract for the purchase of the following goods: ________________________________________________________________________

Order number: _________________________________________________ Order date: ______________________________________________________ Date of receipt: ______________________________________________________ Consumer name: __________________________________________________ Consumer address: ________________________________________________ Email: _____________________________________________________________

Date: __________________________ Signature (only if sent on paper): ______________________________

Note: where the right of withdrawal applies, sending this form does not remove the obligation to return the goods within the applicable statutory period.