Wettelijke kennisgeving
CONTRACT CELEBRATION AND ORDERS
As a member of a selective distribution network, the Site sells products available on its remote sales platform exclusively at retail and to end consumers.
Any Order that apparently is not intended for retail sale, or in general, any fraudulent or suspicious Order, will be considered by the Site as null and void. Before placing an Order and accepting these General Terms of Sale, the Buyer declares that the purchase of products on the remote sales platform is not related to any professional activity and is limited to strictly personal use. For the purposes of these General Terms of Sale, the Buyer and the Site are referred to individually or collectively as Party or Parties.
PURPOSE
These General Terms of Sale, hereinafter referred to as "GTS," aim, on one hand, to inform any potential Buyer about the terms and conditions under which the Seller conducts the sale and delivery of ordered products, 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 "Buyer." These Conditions 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, the act of placing an Order by the Buyer for a product for sale on the Site implies full acceptance of these General Terms of Sale, whose terms the Buyer acknowledges having read before placing the Order.
The Site reserves the right to modify these General Terms of Sale at any time. However, the General Terms of Sale applicable to the Order are those accepted by the Buyer at the time of placing the Order. These General Terms of Sale are supplemented by the General Terms of Use of the Site and the "Privacy and Cookies Policy."
PRICES
The sale prices of products on the Site, expressed in euros, correspond to the values in effect at the time of the Buyer's Order completion. Prices may be modified by the Site at any time, and this change will be communicated to the Buyer before placing any order. The prices are valid for remote sales.
These prices do not include delivery fees, which are added to the price of the products purchased. Delivery fees are informed before the Order is confirmed by the Buyer. The different delivery methods are specified in these General Terms of Sale and may be modified by the Site at any time.
The prices include the Value Added Tax (VAT) applicable on the date of the Order. Any change in the VAT rate will automatically be reflected in the price of the products sold by the Site.
PRODUCT FEATURES
The Buyer can select one or more products from the various categories available on the Site. The Site may change the selection of products offered for sale at any time, subject to limitations linked to its suppliers.
Before placing an order, the consumer should consult all the information available on the Site about 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 will be translated into all languages of the European Union. This information will, at a minimum, be available in Portuguese and/or English.
For any questions about the products and their use, additional queries, or requests for advice, the Buyer can contact the Site’s Customer Service team at the number provided, during the hours listed on the "Contacts" page on the Site.
AVAILABILITY
The products offered by the Site are available as long as they are listed on the Site and subject to stock availability. Product availability is subject to confirmation. Information about product availability is provided at the time of order completion.
In case of total or partial cancellation of the Order due to product unavailability, the Buyer will be notified, and no charge will be made. If payment has already been made, the Buyer will receive a credit through the same payment method used. For a refund to the bank account, the Buyer should contact via the Site's provided Contacts.
ORDER
Placing an Order implies acceptance of these General Terms of Sale, the Privacy and Cookies Policy, and any specific agreements between the parties.
Before confirming their Order, the Buyer may review the order details and correct any errors.
The sale is considered complete when the Buyer confirms their Order, indicating their conscious acceptance of its content and conditions, including the obligation to pay.
The Order will be confirmed to the Buyer by appropriate means, with a confirmation email sent to the email address provided by the Buyer. It is recommended that the Buyer save 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 cases of fraud or attempted fraud, including previous orders.
PAYMENT METHODS ON THE SITE
The Buyer has various options to make payment for their Order on the Site, as detailed below. The Buyer assures the Site that they have all necessary authorizations to use the chosen payment method when placing the Order.
Each order requires a corresponding payment. Payments for Orders are made in euros, with taxes and mandatory fees already included. Any bank 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, regardless of its nature and level of execution, in case of non-payment or partial payment of any amount due by the Buyer, in case of payment incidents, or in situations of fraud or attempted fraud related to the use of the Site, including previous orders.
BANK CARDS
The 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 cards is subject to verification and authorization by the card-issuing institution. If the issuer of the buyer's card refuses or, for any reason, does not authorize payment in our favor, before or after confirmation of payment, the Site will not be responsible for any delay or failure in delivery.
SECURITY IN PAYMENT TRANSACTIONS
To ensure the security of bank card payments on the Site, the Buyer is asked to provide the security code (CVV) found on the back of the credit card used for the purchase.
As part of the effort to combat fraud on the internet, information related to the Buyer's order may be shared with third parties authorized by law or designated by the Site, exclusively to verify the identity of the Buyer, 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 identification document and/or additional information about the Buyer's identity. The Buyer agrees to the collection and reproduction of their identification document. The Buyer has the right to access, correct, and delete their personal data processed by the Site, as well as all rights outlined in the Site's Privacy and Cookies Policy.
ANOMALIES, DAMAGES, AND DAMAGED ORDERS
The Buyer or the recipient of the Order should inspect the apparent condition of the package and the products at the time of delivery.
If any visible issues with the package are observed, such as damaged or opened packaging, traces of liquids, etc., or with the ordered products, such as missing products or damaged products, it is essential to follow the detailed procedures outlined below these General Terms 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. Similarly, the Buyer or the recipient of the Order cannot request the Site to deliver new ordered products.
The Buyer or the recipient of the Order can also contact the Site's Customer Service by phone to inquire about the policy for returning damaged products. The return procedure indicated by the Site’s Customer Service must be followed rigorously. Otherwise, the Buyer cannot request a refund or exchange of 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:
- Refuse the delivery and immediately express your observations about the anomaly clearly and in detail. These observations should be recorded by the Buyer or the recipient of the Order on the delivery person’s form.
- Inform the Site’s Customer Service of your refusal by the provided number.
- If the anomaly is noticed after the delivery person has left:
- Report the identified damages or shortages and submit any claim or observation to the Site’s Customer Service using the contacts provided on the Site. Incidents and reservations must be communicated as soon as possible, no later than 3 business days after delivery.
Procedure to be strictly followed in case of missing or damaged product: The Buyer or the recipient of the Order must report the missing or damaged product to the Site’s Customer Service using the contacts provided on the Site. The Customer Service may request additional information about the identity of the Buyer or recipient of the Order and perform relevant checks.
LEGAL RIGHT OF WITHDRAWAL AND TIME FRAME
Time Frame for Exercising the Legal Right of Withdrawal The Buyer has a period of 14 (fourteen) days, starting from the receipt of the order with the products ordered, to exercise their legal right of withdrawal without needing to justify their decision.
How to Exercise the Legal Right of Withdrawal The procedures for exercising the legal right of withdrawal are described in the General Terms of Sale.
Products Excluded from the Legal Right of Withdrawal The right of withdrawal does not apply to orders involving:
- Products that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
- Products made to the consumer’s specifications or clearly personalized.
The Buyer is informed that they cannot exercise their legal right of withdrawal on unsealed products whose resale by the Site would represent risks to consumers for reasons of hygiene or health protection (for example: hygiene products, makeup). Moreover, the Buyer cannot exercise their right of withdrawal on products personalized at their request. These provisions do not affect the warranties provided in the General Terms of Sale, which remain fully applicable.
Consequences of Exercising the Legal Right of Withdrawal If the products are eligible for the legal right of withdrawal, the Buyer who exercises this right, in accordance with the terms on time frames and methods of returning the products, may obtain a refund for the returned products and the shipping fees of the order.
Costs Returns of orders are free under any circumstances.
HOW TO EXERCISE THE LEGAL RIGHT OF 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 website, in their personal area, under "my purchases", within 14 (fourteen) days after receipt. The Buyer must also generate the return label, close the box and place the label on it, at no cost, as the return is the responsibility of the Site. They must then go to a collection point to leave the box with the products to be returned, or make them available for collection when this is an option provided by the Site. Products returned in their original condition will result in a refund by the Site within 14 days following the 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), no later than 14 (fourteen) days after receipt. Returns of products sent after this date will not be accepted. Products must be accompanied by the order number found on the Return Form.
LEGAL WARRANTY
All products sold on the Site benefit from the legal warranty of conformity, which allows the Buyer to return any products delivered with defects or non-conformities free of charge.
Legal Warranty of Conformity
The legal warranty of conformity ensures that the products delivered conform to the contract, and the Site is responsible for any non-conformity present at the time of delivery.
Legal Warranty for Hidden Defects
The legal warranty for hidden defects obliges the Site to fully reimburse the price of the returned product or a portion of the price if the product is kept by the Buyer.
MODALITIES FOR ENFORCING LEGAL WARRANTIES
The Buyer has two years from the delivery of the product to act and can choose between repair or replacement of the product, subject to the condition that such choice does not entail disproportionate cost for the Site. The Buyer can also choose between resolving the sale or a reduction of the sales price, depending on the situation.
EFFECT OF IMPLEMENTING WARRANTIES
Under the legal warranty of conformity, the Site commits, at the Buyer's discretion:
- To replace the product with another identical one, subject to availability;
- To repair the product, if possible;
- To refund the price of the product if replacement or repair are not possible;
- To refund part of the price of the product if the Buyer chooses to keep the product.
Under the warranty for hidden defects, the Site commits, according to the Buyer's choice:
- To refund the full price of the returned product;
- To refund part of the price of the product if the Buyer decides to keep the product.
RESERVATION OF OWNERSHIP
The Site retains full ownership of the products sold until the full payment of the price, including costs, taxes, and mandatory fees.
SIGNATURE AND PROOF
The Site commits to protecting the personal information of customers, ensuring a high level of security. However, the Buyer also plays a key role in protecting their personal data, for example, by maintaining the security of online transactions. The Buyer will not be held responsible for the disclosure of their information due to unauthorized use of their username (email) and/or password. Providing the credit card number and the final validation of the Order serve as proof of the 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.
RESPONSIBILITY
CAPACITY
The Buyer declares having full legal capacity to enter into commitments under these General Terms of Sale. If a person lacking legal capacity makes orders, their legal representatives will assume full responsibility.
LIMITATION OF LIABILITY
The Site's liability will not be engaged in the event of non-performance of its obligations due to third-party acts, Buyer's failure, force majeure, or any event beyond the reasonable control of the Site. 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 of Sale is deemed invalid or void, the remaining provisions will remain valid and enforceable.
NON-WAIVER
The failure of a party to require the application of any provision of these GTS shall not be deemed a waiver of such provision.
APPLICABLE LAW AND JURISDICTION
Sales from the Site are governed by Portuguese law. In case of dispute, the exclusive jurisdiction is that of the Portuguese courts, unless legal provisions more favorable to the consumer apply.
DURATION
These General Terms of Sale apply for the period during which the products are available online until the end of the warranty periods. The "Responsibility" clause will remain valid even after the termination of these Terms.