CONCLUSION OF CONTRACT AND ORDERS
As a member of a selective distribution network, the Site sells the products available on its distance-selling platform exclusively at retail and to end consumers.
Any Order that apparently is not intended for retail sale, or, more generally, any fraudulent or suspicious Order, will be considered null and void by the Site. Before placing an Order and by accepting these General Terms and Conditions of Sale, the Buyer declares that the purchase of products on the distance-selling platform is not related to any professional activity and is limited to strictly personal use. For the purposes of these General Terms and Conditions of Sale, the Buyer and the Site are referred to individually or collectively as a Party or Parties.
OBJECT
These General Terms and Conditions of Sale, hereinafter referred to as the “GTCS”, are intended, on the one hand, to inform any prospective Buyer about the terms and conditions under which the Seller sells and delivers the products ordered and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of products by the Site to the consumer, hereinafter referred to as the “Buyer”. These Terms apply, without limitation or reservation, to all sales of products offered by the Site on its platform, accessible via the Internet through compatible devices.
Therefore, placing an Order by the Buyer for a product offered on the Site implies full acceptance of these General Terms and Conditions of Sale, the terms of which the Buyer acknowledges having read prior to placing the Order.
The Site reserves the right to modify these General Terms and Conditions of Sale at any time. However, the General Terms and Conditions of Sale applicable to the Order are those accepted by the Buyer at the time the Order is placed. These General Terms and Conditions of Sale are supplemented by the Site’s Terms of Use and by the “Privacy and Cookies Policy”.
PRICES
The selling prices of products on the Site, stated in euros, correspond to the prices in effect at the time the Order is completed by the Buyer. Prices may be changed by the Site at any time; any such change will be communicated to the Buyer before placing any Order. Prices are valid for distance sales.
These prices do not include delivery charges, which are added to the price of the purchased products. Delivery charges are communicated before the Buyer confirms the Order. The different delivery methods are specified in these General Terms and Conditions of Sale and may be modified by the Site at any time.
Prices do not include the Value Added Tax (VAT) applicable on the date of the Order. At checkout, the applicable VAT rate will be automatically calculated and added to the price of the products sold by the Site.
PRODUCT FEATURES
The Buyer may select one or more products from the different categories available on the Site. The Site may change at any time the selection of products offered for sale, due to limitations related to its suppliers. Before placing an order, the consumer should consult all information available on the Site regarding the essential characteristics of the products they wish to purchase.
The products comply with current European legislation. The Site does not guarantee that the information on product packaging is translated into all languages of the European Union. Such information will be available at least in Portuguese and/or English.
For any questions regarding products and their use, additional queries, or requests for advice, the Buyer may contact the Site’s Customer Service team at the number provided, during the service hours indicated on the “Contact” page of the Site.
AVAILABILITY
Products offered on the Site will be available while they are advertised on the Site and up to the limit of available stock. Product availability is subject to confirmation. Information about product availability is provided at the time the Order is completed.
In the event of full or partial cancellation of the Order due to product unavailability, the Buyer will be notified and no amount will be charged. If payment has already been made, the Buyer will receive a refund via the same payment method used. For a refund to a bank account, the Buyer should contact the Site using the contact details provided.
ORDER
Any Order implies acceptance of these General Terms and Conditions of Sale, the Privacy and Cookies Policy, as well as any specific agreements between the parties. Before confirming their Order, the Buyer may verify the order details and correct any errors.
The sale is considered concluded when the Buyer confirms their Order, indicating their conscious acceptance of its content and conditions, including the payment obligation.
The Order will be confirmed to the Buyer by an appropriate means, with a confirmation email sent to the email address provided by the Buyer. It is recommended that the Buyer keep these communications.
The Site reserves the right to suspend or cancel the execution of any Order and/or delivery in case of non-payment or in the event of fraud or attempted fraud, including in relation to previous orders.
PAYMENT METHODS ON THE SITE
The Buyer has several options to pay for their Order on the Site, according to the conditions detailed below. The Buyer warrants to the Site that they have all necessary authorizations to use the chosen payment method when placing the Order.
Every order requires the corresponding payment. Payments for Orders are made in euros, with mandatory taxes and fees already included. Any banking charges are the responsibility of the Buyer (including in refund situations).
The Site reserves the right to suspend or cancel the execution of any order and/or delivery, irrespective of its nature and level of execution, in case of default or partial payment of any amount owed by the Buyer, in case of payment incidents, or in situations of fraud or attempted fraud related to the use of the Site, including prior orders.
BANK CARDS
Bank cards accepted on the Site include: Visa and MasterCard. These credit or debit cards must be issued by banks or financial institutions located in the European Union or compatible with these standards.
The validity of payments made by bank card is subject to verification and authorization by the card-issuing institution. If the card issuer refuses or, for any reason, does not authorize payment in our favor, before or after payment confirmation, the Site will not be held responsible for any delay or failure in delivery.
PAYMENT SECURITY
To ensure the security of card payments on the Site, the Buyer is required to provide the security code (CVV) located on the back of the credit card used for the purchase.
As part of efforts to combat online fraud, information relating to the Buyer’s order may be shared with third parties authorized by law or appointed by the Site, exclusively to verify the Buyer’s identity, the validity of the order, the payment method used and the delivery details.
After this verification, the Site may request a copy of the Buyer’s identity document and/or additional information regarding the Buyer’s identity. The Buyer agrees to the collection and reproduction of their identity document. The Buyer has the right to access, rectify and delete their personal data processed by the Site, as well as all rights provided in the Site’s Privacy and Cookies Policy.
ANOMALIES, DAMAGE, DAMAGED ORDERS
The Buyer or the recipient of the Order must inspect the apparent condition of the package and the products at the time of delivery.
If any visible issue is observed with the package, damaged or open packaging, signs of liquids, etc., or with the ordered products — absence of products, damaged products — it is essential to follow the procedures detailed below in these General Terms and Conditions of Sale, corresponding to the conditions of the Order.
Failure to follow the correct procedure prevents any action against the carrier or the Site. Specifically, the Buyer will not be entitled to a refund. Likewise, the Buyer or the recipient of the Order will not be able to request the delivery of new products ordered.
The Buyer or the recipient of the Order may also contact the Site’s Customer Service by telephone to inquire about the policy for returning damaged products. It is necessary to strictly follow the return procedure indicated by the Site’s Customer Service. Otherwise, the Buyer will not be able to request a refund or exchange for the affected products.
Procedures to be strictly followed in case of a damaged package
If the anomaly is observed in the presence of the delivery person:
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Refuse the delivery and immediately state your observations about the anomaly clearly and in detail. These observations must be recorded by the Buyer or recipient of the Order on the delivery person’s form.
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Report your refusal to the Site’s Customer Service at the number provided.
If the anomaly is noticed after the delivery person has left:
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Report the identified damage or shortages and submit any complaint or note to the Site’s Customer Service using the contact details provided on the Site. Incidents and reservations must be reported as soon as possible, at the latest within 3 working days after delivery.
Procedure to be strictly followed in case of missing or damaged product
The Buyer or recipient of the Order must report the missing or damaged product to the Site’s Customer Service via the contacts provided on the Site. Customer Service may request additional information regarding the identity of the Buyer or recipient of the Order and carry out relevant checks.
RIGHT AND PERIOD FOR LEGAL WITHDRAWAL
Period for Exercising the Right of Legal Withdrawal
The Buyer has a period of 14 (fourteen) days from the receipt of the order containing the products ordered to exercise their right of legal withdrawal without having to justify their decision.
How to Exercise the Right of Legal Withdrawal
The procedures for exercising the right of legal withdrawal are described in the General Terms and Conditions of Sale.
Products Excluded from the Right of Legal Withdrawal
The right of withdrawal does not apply to orders involving:
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Products that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection;
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Products made to the consumer’s specifications or clearly personalized.
The Buyer is informed that they will not be able to exercise their right of legal withdrawal for unsealed products the resale of which by the Site would represent risks for consumers for reasons of hygiene or health protection (for example: hygiene products, cosmetics). In addition, the Buyer may not exercise the right of legal withdrawal for products customized at their request. These provisions do not affect the warranties provided in the General Terms and Conditions of Sale, which remain fully applicable.
Consequences of Exercising the Right of Legal Withdrawal
If the products are eligible for the right of legal withdrawal, the Buyer who exercises that right, in accordance with the terms on deadlines and methods of returning the products, may obtain a refund for the returned products and the shipping charges of the order.
Costs
Returns of orders are free of charge under any circumstance.
HOW TO EXERCISE THE RIGHT OF LEGAL WITHDRAWAL
The Buyer or the recipient of the order, to proceed with the return of one or more products, must submit the return request on the site, in their personal area, section “my purchases”, within 14 (fourteen) days after receipt. The Buyer must also generate the return label, close the box and affix the label thereon, at no cost, the return being the responsibility of the Site. Then, they must go to a collection point to drop off the box with the products to be returned, or make them available for collection where that is an option provided by the Site. Products returned in their original condition will be refunded by the Site within 14 days following receipt of the box.
General Return Provisions
Products must be returned in a condition that allows for resale (product in good condition with original packaging, accessories, manuals), at most within 14 (fourteen) days after receipt. Returns sent after this date will not be accepted. Products must be accompanied by the order number, stated on the Return Form.
LEGAL GUARANTEE
All products sold on the Site benefit from the legal guarantee of conformity, which enables the Buyer to return free of charge any products delivered with defects or non-conforming.
Legal Guarantee of Conformity
The legal guarantee of conformity ensures that the products delivered conform to the contract, the Site being responsible for any lack of conformity existing at delivery.
Legal Guarantee for Hidden Defects
The legal guarantee for hidden defects obliges the Site to fully refund the price of the returned product or a portion of the price if the product is retained by the Buyer.
IMPLEMENTATION METHODS OF LEGAL GUARANTEES
The Buyer has two years from delivery of the product to take action, and may choose between repair or replacement of the product, provided that such choice does not entail disproportionate cost for the Site. The Buyer may also choose rescission of the sale or a reduction in the sale price, depending on the circumstances.
EFFECT OF THE IMPLEMENTATION OF GUARANTEES
Under the legal guarantee of conformity, the Site undertakes, at the Buyer’s option:
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To replace the product with an identical one, subject to availability;
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To repair the product, if possible;
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To refund the product price, if replacement or repair are not possible;
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To reimburse a portion of the product price if the Buyer chooses to keep the product.
Under the guarantee for hidden defects, the Site undertakes, according to the Buyer’s choice:
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To reimburse the full price of the returned product;
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To reimburse part of the product price if the Buyer decides to keep the product.
RETENTION OF TITLE
The Site retains full ownership of the products sold until full payment of the price, including costs, taxes and mandatory fees.
SIGNATURE AND PROOF
The Site is committed to protecting customers’ personal information, ensuring a high level of security. However, the Buyer also plays an important role in protecting their personal data, for example by maintaining the security of online transactions. The Site shall not be held liable for disclosure of the Buyer’s information resulting from unauthorized use of their username (email) and/or password. Providing the credit card number and final validation of the Order serve as proof of acceptance of the order and of the amounts due for that order. Computerized records are considered proof of communications, orders and payments between the Parties.
LIABILITY — CAPACITY
The Buyer declares they have full legal capacity to assume the commitments under these General Terms and Conditions of Sale. If a person without legal capacity places orders, their legal representatives shall assume full responsibility.
LIMITATION OF LIABILITY
The Site’s liability shall not be assumed in case of non-performance of its obligations due to acts of third parties, failure of the Buyer, force majeure or any event outside the Site’s reasonable control. The Site also disclaims any liability for indirect damages resulting from the use of the Site.
PARTIAL INVALIDITY
If any provision of these General Terms and Conditions of Sale is deemed invalid or void, the remaining provisions shall remain valid and applicable.
NON-WAIVER
A party’s failure to require performance of any provision of these GTCS shall not be construed as a waiver of such provision.
APPLICABLE LAW AND JURISDICTION
Sales made on the Site are governed by Portuguese law. In case of dispute, the exclusive jurisdiction is that of the Portuguese courts, unless a legal provision to the contrary benefits the consumer.
DURATION
These General Terms and Conditions of Sale apply for the period in which the products are available online until the end of warranty periods. The “Liability” clause shall remain valid even after termination of these Terms.
