Conditions of Purchase and Use
This document (together with the website documents) establishes the conditions that determine the use of this website (www.guendolina.com) and the purchase of products on it (hereinafter, "Conditions").
These conditions may be modified, it is your responsibility to read them periodically, since the conditions in force at the time of using the website or entering into the contract (as defined below) are those that will apply.
If you have any questions about the conditions or privacy policies, you can contact us through our email: firstname.lastname@example.org. The contact can be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
This website is run under the name of Güendolina by TRENDYGAL LDA., With registered office at Rua 10, Lote 3 A4, Z. I. Da Varziela, 4485-070 Fajozes, legal entity number 514 444 282.
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
4. USE OF OUR WEBSITE
By using our website and / or placing orders through it, the customer agrees to:
• Use this website only for legally valid inquiries or orders.
• Do not make any false or fraudulent orders. If, rationally, we can consider that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities.
If you do not provide us with all the necessary information, we will not be able to proceed with your order.
By placing an order through this website, you declare that you are over 18 years of age and that you have the legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
The articles presented on this website are available for delivery in various EU member countries and the United States of America.
For a list of countries available for delivery, you can find it under "Shipping Methods".
6. CELEBRATION OF THE CONTRACT
To place an order, you must follow the online purchase procedure and must first read and accept these Purchase Conditions. By doing so, you are entering into a purchase and sale agreement with us. You will subsequently receive an email acknowledging receipt of your order (the "Order Confirmation"). You will also receive an email confirming that the order has been shipped (the "Delivery Confirmation"). An electronic ticket with the details of your order must be attached to the delivery confirmation.
7. PRODUCT AVAILABILITY
All product orders will be subject to product availability. In this regard, if there is any difficulty regarding the supply of products or if there are no items in stock, we will immediately inform you of the unavailability and refund any amount you have paid within 30 days.
Without prejudice to the provisions of Clause 7 above, regarding the availability of the products, and unless there are extraordinary circumstances, we will attempt to ship the order for the products mentioned in each Delivery Confirmation before the date indicated in the Delivery Confirmation in question or, if not, a delivery date has not been specified within 30 days after the order confirmation date.
However, delays can occur for any of the following reasons:
• Specialized articles;
• unforeseen circumstances; or
• Problems in the delivery area.
If we cannot meet the delivery date for reasons that do not arise from our responsibility, we will inform you of this circumstance giving you the option to continue with your purchase, set a new delivery date or cancel the order with a refund of the total amount paid, without prejudice to all other rights that assist you according to the terms of the applicable legislation.
In any case, we do not deliver on Saturdays or Sundays. According to these conditions, the "delivery" must have been made or the order "delivered" when the client or a third party indicated by you is physically in possession of the products, which will be evidenced by signing the order receipt at the address indicated delivery.
9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will leave you a note indicating where your order is and what to do to get it delivered again. If you are not at the place of delivery at the agreed time, we ask that you contact us so that we can arrange delivery for another day.
10. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The risks of the product will be borne by the customer from the moment of delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts owed by them, including shipping, or at the time of delivery (as defined in Clause 8 above), if this date is later.
11. PRICE AND PAYMENT
The price of each product will be the one stipulated, at all times, on our website, except in case of obvious error. Although we try to ensure that all prices on the page are correct, errors can occur. If we detect an error in the price of any of the products that the customer has ordered, we will inform you as soon as possible and give you the option to confirm the order again at the correct price or cancel it. If we are unable to communicate with the customer, the order will be canceled and the amount paid will be fully refunded.
We will not be obliged to provide you with any product at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the price error is obvious and unambiguous and the customer could have reasonably recognized it as an incorrect price.
The prices on this website include VAT, but do not include shipping costs, which will be added to the total amount due, as explained in our guide on "Exchanges and Returns."
Prices can be changed at any time, but (except under previously established terms) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have made your purchases, all the items you want to purchase have been added to your cart and the next steps will be to complete the order and payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. In addition, during the purchase process, before payment, the customer can change the details of his order.
You can pay with Visa, Mastercard, American Express, PayPal, also through ATM and MBway.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction. Your card will be charged as soon as your order leaves our warehouses.
If your payment method is Paypal, the debit will be made when we confirm your order.
By clicking "Pay", the customer confirms that the credit card is his or that he is the rightful owner of the gift card or payment card. Credit cards are subject to controls and authorizations by issuing entities, but if they do not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with the client.
12. BUY AS INVITED
This website also allows you to shop through the guest checkout feature. In this mode of purchase, only the essential data is required to be able to place your order. Once the purchase process is complete, you will be offered the possibility to register as a user or continue as an unregistered user.
13. VALUE ADDED TAX
All purchases made through this website are subject to the current Value Added Tax (VAT) rate.
14. EXCHANGE POLICY
Right of free termination of the contract:
According to the applicable regulations, if you are contracting as a consumer, the client has the legally established right to rescind the contract, up to 30 days after its conclusion without giving any reason.
The withdrawal period will expire after 30 days from the day the customer (or a third party, other than the delivery person indicated by you) physically purchases multiple items in a separately delivered order, 30 days from the day where the customer (or this third party that you indicated) physically purchased the last product. To exercise the right of free termination of the contract, the customer can contact us by phone +00 351 927 556 839 (by call, message or WhatsApp), or by email email@example.com.
Effects of termination of the contract:
If the customer terminates the Contract, we will refund the amount paid for the products without undue delay and provided it does not exceed the period of 30 days, from the day on which he was informed of his decision to terminate this contract. We will make the refund through a voucher with no expiration date. In any case, the client will not pay any fee derived from said refund. Despite the above, we can withhold the refund until we receive the products, or until the customer shows evidence that they have returned them. For more information, just see the "Exchanges and Returns" page.
In cases where he considers that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within 30 days, indicating the details of the product, as well as the damages suffered, or contacting us at +00 351 927 556 839, and we will tell you what to do.
You can return the product in our physical store in Porto, Portugal, having to present the invoice you received with the order, or by delivering it to a carrier, at your home, sent by us, accompanied by the invoice, and later the amount will be reimbursed. correspondent. .
As legally established, instead of canceling the contract (and the consequent return of the asset and refund), you can also choose to replace the product.
The refund of the price or the replacement of the product must be made as soon as possible and, in any case, within 30 days. All rights recognized by current law will be safeguarded.
If the item purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request the change of size, without having to pay any additional delivery service for the new item, once the original item is returned. This possibility is independent of the right of withdrawal, which continues to exist, both from a legal point of view and from a contractual point of view. For clarification on how to exchange, go to the "Exchanges and returns" page.
15. INTELLECTUAL PROPERTY
The client acknowledges and agrees that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the website are, at any time, ours or those who granted us the license for their use The client may only use this material in the manner expressly authorized by us or by those who granted us the license for its use. This does not prevent you from using this website to, as necessary, copy information related to your order or data from the Contract.
16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You must not gain unauthorized access to this website, to the server on which this page is located, or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may involve the practice of offenses typified by the applicable legislation. We will inform the competent authorities of any breach of said legislation and we will cooperate with them to discover the identity of the attacker. In case of breach of this clause, you will not be authorized to use this website either.
We will not be liable for any data or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials, as a result of the use of this website or downloading content from it or from the content it redirects to.
17. CONNECTIONS FROM OUR WEBSITE
If our website contains links to other pages and third-party materials, these links are provided for informational purposes only, without any control over the content of those pages or materials. Therefore, we will not accept any responsibility for damage or loss due to its use.
18. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notifications we send be in writing.
By using this website, the customer agrees that most notifications with us are electronic.
We will communicate with the client by email or provide information through notices posted on this website. For contractual purposes, the client agrees to use this means of electronic communication and acknowledges that all contracts, notifications, information and other notifications sent via email satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.
Customer notifications should preferably be sent via email.
Notifications will be deemed to have been received and completed correctly, at the same time the customer enters our website, 24 hours after sending an email or three days after the franchise date of any letter. To prove that the notification was made, it will be enough to prove, in the case of a letter, that the address was correct, that it was correctly stamped and that it was delivered correctly to the post office or mailbox and, in the case of a mail email, which was sent to the email address specified by the recipient.
20. REASONS OF FORCE MAJEURE
We will not be responsible for any breach or delay of any of the obligations assumed by us under a Contract whose cause is due to events that are beyond our control (Force majeure reasons).
The concept of Force Majeure must include any act, event, lack of exercise, omission or accident that is beyond our control, including, among others, the following:
• General strike or other forms of protest that significantly affect the country.
• Disturbances of public order, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
• Impossibility of using trains, boats, airplanes, motorized transport or other means of transport, public or private.
• Inability to use public or private telecommunications systems.
Our obligations under the Contracts will be considered suspended during the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to comply with such obligations, for a period equal to the duration of the Force Majeure Reasons. Force Majeure.
We will use all reasonable means to stop the Force Majeure Reasons or to find a solution that allows us to fulfill our obligations under the Contract, despite the Force Majeure Reasons.
21. RIGHTS OF DISCLAIMER OF LIABILITY
The lack of requirements on our part for the strict compliance by the client of any of the obligations assumed by him under a Contract or these Conditions or the lack of exercise, on our part, of the rights or actions that are due in Under this Agreement or conditions will not mean any waiver or limitation in relation to those rights or actions, nor will it exonerate the client from compliance with its obligations.
No waiver, on our part, of a specific right or action will imply a waiver of our rights or actions derived from the Contract or the Conditions.
No waiver, on our part, of any of these Conditions or the rights or actions derived from the Contract will have effect, unless it is expressly established that it is a waiver, formalize and communicate to the client, in writing.
22. PARTIAL CANCELLATION
If any of these Conditions or any provision of a Contract is declared null and void, by final resolution of a competent authority, the remaining terms and conditions will remain in force, without being affected by this declaration of nullity.
23. SOLE AGREEMENT
These Conditions and all the documents to which express references are made constitute the entire agreement between us and the client, with respect to the object of the Contract, and supersede any other pact, agreement or promise previously established between us and the client, either verbally. or in writing
We and the client acknowledge that we have consented to enter into the Agreement without relying on any statement or promise made by the other party or that may interfere with any written statement in the negotiations held by both parties prior to that Agreement, except as expressly mentioned in the current conditions.
24. APPLICABLE LAW AND JURISDICTION
The use of our website and the purchase contracts made through this page are governed by Portuguese law.
This provision does not affect the other rights recognized to the consumer by current legislation.
25. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask that you send comments and suggestions to our email or telephone contact.
26. ALTERNATIVE DISPUTE RESOLUTION
In this sense, if the transaction has been completed through our website, we inform you, in accordance with EU Regulation No. 524/2013, that you have the power to try to resolve any dispute out of court through access to the platform. online dispute resolution at http: //ec.europa.eu/consumers / ....
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law No. 144/2015, of September 8, on the Consumer Portal, through the website www.consumidor.pt.