Purchase & Use Conditions

1.INTRODUCTION
This document (together with the documents on the website) establishes the conditions that determine the use of this website (www.guendolina.com) and the purchase of products on it (hereinafter "Conditions").
We ask that you carefully read the conditions, our policies regarding cookies and our privacy policy before using this website. When using this website or placing an order through it, the customer is aware that he must comply with these conditions and our privacy policies. Therefore, if you do not agree with all conditions and privacy policies, you should not use this website.
These conditions can be changed, 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 regarding the conditions or privacy policies, you can contact us through our email: info@guendolina.com.
The contact may 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 executed under the name Güendolina by TRENDYGAL LDA., With registered office at Rua 10, Lote 3 A4, Z. I. Da Varziela, 4485-070 Fajozes, legal person number 514 444 282.
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or data provided by the customer will be treated in accordance with the provisions of the Privacy Policy. By using this website, the customer is consenting to the processing of said information and data and declares that all information or data that he provides to us is true and corresponds to reality.
4. USE OF OUR WEBSITE
By using our website and / or placing orders through it, the customer undertakes to:
• Use this website only to make legally valid inquiries or orders.
• Do not place any false or fraudulent orders. If, rationally, we can consider that an order of this nature has been placed, we will have authorization to cancel it and inform the competent authorities.
• Provide us with your email address, postal address and / or other contact details, in a true and accurate manner. You also consent to the use of the information provided to contact the customer (if necessary, consult our Privacy Policy).
 If you do not provide us with all the necessary information, we will not be able to proceed with your order.
When placing an order through this website, you declare that you are over 18 and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
 The articles presented on this website are available for delivery in several EU member countries and the United States of America.
If you want to consult the list of countries available for delivery you can find it under "Shipping Methods".
6. CONTRACT CELEBRATION
To place an order, you must follow the online purchase procedure and you must first read and accept these Purchase Conditions. In 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, in which we will confirm 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 sense, if there is any difficulty regarding the supply of products or if there are no items in stock, we will inform you immediately of the unavailability, and will refund any amount you may have paid within 30 days.
8. DELIVERY
Without prejudice to the provisions of Clause 7 above, regarding the availability of the products, and unless there are extraordinary circumstances, we will try to send the order for the products mentioned in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date has been specified within 30 days of the Order Confirmation date.
However, delays can occur for any of the following reasons:
• Specialized articles;
• Unforeseen circumstances; or
• Problems in the delivery zone.
If we are unable to meet the delivery date for reasons not arising from our responsibility, we will inform you of this circumstance by giving you the option to continue with your purchase, establish a new delivery date, or cancel the order with full refund of the amount paid, without prejudice to all other rights that you havestamped under applicable law.
In any case, we do not deliver on Saturdays or Sundays. According to these conditions, the "delivery" must have been carried out or the order "delivered" when the customer or a third party indicated by you is physically in possession of the products, which will be evidenced by the signature of the order receipt at the delivery address indicated.
9. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will leave a note indicating where your order is and what to do to have 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 the delivery for another day.
10. TRANSFER OF RISKS AND PROPERTY OF PRODUCTS
The product risks 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 due for 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 that is stipulated, at each moment, on our website, except in case of evident 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 to cancel it. If we are unable to contact the customer, the order will be canceled and the amount paid will be refunded in full.
We are not obliged to provide you with any product at the incorrect lower price (even if we have sent the Shipping Confirmation) if the error in the price is obvious and unambiguous and if it could have been reasonably recognized by the customer as being a price incorrect.
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 the terms set out above) the 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 buy have been added to your cart and the next steps will be the completion of the order and payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step. In addition, during the purchase process, before payment, the customer can change his order details.
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 form of payment is Paypal, the debit will be made when we confirm your order.
By clicking on «Checkout», the customer confirms that the credit card is his or that he is the legitimate owner of the gift card or payment card. Credit cards are subject to checks and authorizations by the 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 customer.
12. BUY AS GUEST
This website also allows you to purchase through the guest purchase feature. In this mode of purchase, only the essential data is required to be able to place your order. Once the purchase process is finished, 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 Portuguese Value Added Tax (VAT) rate in force.
14. EXCHANGE POLICY
Right of free termination of the contract:
 According to the applicable rules if you are hiring as a consumer, the customer has the legally enshrined right to terminate the contract, up to 30 days after its conclusion without giving any reason.
The withdrawal period will expire after 30 days from the day when the customer (or a third party - other than the delivery person - indicated by you) physically purchases several items in an order delivered separately, 30 days from the day on which the customer (or this third party you) physically purchased the last product. To exercise the right of free termination of the contract, the customer can contact us by phone +00351 927 556 839 (via call, message, or by Whatsapp), or by email info@guendolina.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 as long as it does not exceed the 30-day period, from the day it was informed of its decision to terminate this contract. We will make the refund through a voucher with no expiration date. In any case, the customer will not pay any fees arising from the said refund. Despite the above, we may withhold the refund until we receive the products back, or until the customer demonstrates evidence that they have returned them. For more information, just consult the page “Exchanges and Returns”.
Defective products:
In cases where you consider 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 damage suffered, or by contacting us on +00351 927 556 839, and we will tell you what to do.
You can return the product at our physical store in Porto, Portugal, presenting the invoice you received with the order, or delivering it to a carrier, at your home, sent by us, accompanied by the invoice, being subsequently refunded the amount corresponding.
As legally established, instead of canceling the contract (and 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 occur as soon as possible and, in any case, within 30 days. All rights recognized by the law in force will be safeguarded.
Size change:
If the article purchased by the customer does not correspond to the appropriate size, the customer has the possibility to request the size change, without having to pay any additional delivery service for the new article, once he returns the original article. 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 make the exchange go to the page “Exchanges and Returns”.
15. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are, at any time, ours or from those who granted us the license. for your use. The customer may only use this material in the manner that is expressly authorized by us or by those who granted us the license for its use. This does not prevent you from using this web page to, as necessary, copy information relating to your order or Contract data.
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 obtain unauthorized access to this web page, the server on which this page is located or any server, computer or database related to our web page. You undertake not to attack this web page through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may imply the practice of infractions typified by the applicable legislation. We will inform the competent authorities of any non-compliance with said legislation and cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this website.
We will not be responsible 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 using this website or downloading content from it or from content to which it redirects.
17. CONNECTIONS FROM OUR WEB PAGE
If our website contains links to other pages and materials from third parties, these links are provided for information purposes only, without any control over the content of those pages or materials. Therefore, we will not accept any liability for damage or loss due to its use.
18. WRITTEN COMMUNICATION
Applicable law requires that some of the information or notifications we send must be in writing.
By using this website, the customer accepts that most part of the notifications with us is electronic.
We will contact the customer by email or provide information through notices posted on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent by electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.
19. NOTIFICATIONS
Client notifications should preferably be sent via our email.
Notifications will be deemed to have been received, and correctly made, at the same time the customer enters our website, 24 hours after sending an email or three days after the date of franchise of any letter. To prove that the notification was made, it will suffice to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was properly delivered to the post office or a mailbox and, in the case of an email, that it was sent to the email address specified by the receiver.
20. REASONS FOR 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 (Reasons for Force Majeure).
The concept of Force Majeure must include any act, event, failure to 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.
• Public order disturbances, 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.
• Inability to use trains, boats, aircraft, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunications systems.
Our obligations under the Contracts will be deemed to be suspended for the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the 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. RENUNCIATION RIGHTS
The lack of requirement on our part for strict compliance by the customer 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 by virtue of of this Agreement or Conditions will not mean waiver or any limitation in relation to those rights or actions, nor will it exonerate the customer from fulfilling its obligations.
No waiver, on our part, of a concrete 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 the present Conditions or the rights or actions derived from the Contract will take effect, unless it is expressly established that this is a waiver, formalize and communicate to the customer, in writing .
22. PARTIAL CANCELLATION
If any of the present Conditions or any provision of a Contract are declared null and void, by firm resolution by a competent authority, the remaining terms and conditions remain in effect, without being affected by this declaration of nullity.
23. SINGLE AGREEMENT
These Conditions and all 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 replace any other pact, agreement or promise previously established between us and the client, verbally or in writing.
We and the customer acknowledge that we have consented to entering 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 entered into by both parties prior to this Agreement, except as expressly mentioned these Conditions.
24. APPLICABLE LEGISLATION 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 the legislation in force.
25. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. We ask you to send comments comments and suggestions for 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 option of trying to resolve any dispute in an extrajudicial way through access to electronic online conflict resolution platform, 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 8 September, on the Consumer Portal, through the website www.consumidor.pt.
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