| 1. GENERAL ASPECTS The use of the Site automatically grants the User status and implies the full and unconditional acceptance of all the provisions included in the Terms and Conditions, in the current version at each access to the Site. If you do not fully accept any of the established conditions, you should not access/use our Site. By browsing, using, or downloading the content of the Site, you are committing to comply with the conditions outlined in this document. The User may use the Site without the need for registration. However, some of the features of the Site may be dependent on registration. 2. SITE FUNCTIONALITIES 2.1 Registered User In order to access more functionalities, the User may register on the Site. The User must fill out a form, in which, in addition to optional elements, the following data must be provided: – First and Last name; – Email address; – Password. All information provided by the User must be correct and true. The User must update the provided information whenever it undergoes any changes. The User is solely responsible for any false, incomplete, or incorrect statements provided and for any damages they may cause to the company or third parties based on the information provided. We will not be held responsible for any damages arising from the improper or negligent use of the password set by the User to access their account. The User must ensure the confidentiality of their respective password. 2.2 Account Features The Registered User will have access to a personal area with the data provided during registration. Through registration, the User can access their account information and make changes or permanently delete it. They can also view their orders, returns, and communications with the company. 2.3 Product Catalog (Online Store) The Site offers the products sold by Mascarenhas e Mora Féria, Lda, VAT number 517462265, with headquarters at Av. Vilamoura XXI, Ed. Portal de Vilamoura, Bl A, 1ºF, 8125-406 Vilamoura. The information about the products presented on the Site is intended to provide a brief informative summary for the convenience and information of the visitor. We take all necessary measures to ensure that the information and data contained on the Site are accurate and up to date at the time of entry. However, the updating or correction of this information is not guaranteed. We do not provide any express or implied warranties regarding the accuracy or completeness of any information (including information about goods and services) included on the Site. We reserve the right to change, delete, or move any information on the Site at any time without prior notice. Users expressly accept and acknowledge that: – The photographs presented on the Site are for illustrative purposes only, and Users should consult detailed information about the products and their respective characteristics/specifications; – The displayed price is the recommended price, but there may be spelling errors for which we cannot guarantee availability; – We will make every reasonable effort to include accurate and up-to-date information about the products on the Site. However, we cannot guarantee it; – We do not guarantee the availability of the items included on the Site or assume responsibility for discontinued items. 3. PERSONAL DATA AND DATA SECURITY Please refer to our Privacy Policy and Cookie Policy. 4. INTELLECTUAL PROPERTY Unless otherwise stated, the contents of the site, including text, graphics, and photographs, are copyrighted by the company, and their use, for commercial or non-commercial purposes, is prohibited. ALTERNATIVE DISPUTE RESOLUTION The Customer may attempt to resolve any consumer dispute through the “Online Dispute Resolution Platform” (provided by the European Commission), accessible at the address ec.europa.eu/consumers/odr. The Customer may also resort to any other Alternative Dispute Resolution Entity. The updated list of Alternative Consumer Dispute Resolution Entities is available on the “Consumer Portal” at the address www.consumidor.gov.pt. Centro de Arbitragem de Conflitos de Consumo de Lisboa (Lisbon Consumer Conflict Arbitration Center) http://www.centroarbitragemlisboa.pt/ Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral (Vale do Ave Consumer Conflict Arbitration Center/Tribunal Arbitral) http://www.triave.pt/ CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Consumer Information, Mediation, and Arbitration Center/Consumer Arbitral Tribunal) http://www.ciab.pt/pt/ CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (National Center for Information and Arbitration of Consumer Conflicts) http://www.arbitragemdeconsumo.org/ Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra (Coimbra District Consumer Conflict Arbitration Center) http://www.centrodearbitragemdecoimbra.com Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (Algarve Consumer Information, Mediation, and Arbitration Center) http://www.consumoalgarve.pt Centro de Informação de Consumo e Arbitragem do Porto (Porto Consumer Information and Arbitration Center) http://www.cicap.pt European Platform for Online Dispute Resolution https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage 6. RIGHT OF WITHDRAWAL 6.1 The User may withdraw from the contract within 14 (fourteen) days after receiving the order, provided that: a) The product(s) have not been used; b) The product(s) maintain their original characteristics and intact labels; c) The product(s) are complete. All accompanying material must be returned with the order. 6.2 The User may exercise their right of withdrawal by sending the Withdrawal Form or any other unequivocal statement of contract withdrawal to the email [email protected]. 6.3 The costs of returning the order in exercise of the right of withdrawal are borne by the customer. 6.4 Once the returned product is received, LuxBy will analyse and confirm the condition of the order and, where applicable, will reimburse the User the amounts paid for the order within a maximum period of 15 (fifteen) days, using the same means of payment used for the order. 6.5 If the returned items show signs of use, LuxBy reserves the right not to accept the return and refuse the refund of the items. 6.6 The User should note that if their return is made for reasons other than the justified existence of a defect or non-conformity of the ordered products, LuxBy will not refund the shipping costs. Therefore, LuxBy will not reimburse the expenses related to the shipping initially borne by the customer for the respective order. 6.7 Please note that these conditions are valid only for orders placed in Portugal. If your order was placed outside of Portugal, please contact us at [email protected] 7. LIMITATION OF LIABILITY The User shall be responsible for the content of the information sent or transmitted to the Site. The User acknowledges that the use of the Site may not be 100% secure, and there is a possibility that the information sent/received may be intercepted by unauthorised parties. The company shall not be responsible for failures in communication security and shall not assume any liability for the misuse of the User’s information by third parties. The User acknowledges that access to and use of the Site may experience interruptions, and the Site’s information may contain bugs, errors, technical failures, problems, or other limitations. The Site may contain links to other websites or may be accessed through other websites. The company cannot be held responsible for such websites, including their content, availability, operation, or performance. To the maximum extent permitted by law, the company excludes any direct or indirect liability for the use of the Site. 8. FINAL PROVISIONS In the event of a violation of these Terms and Conditions, we reserve the right to exercise any legally provided actions. Additionally, we reserve the right to discontinue the User’s access or use of the Site, with or without prior notice, at our discretion. The Terms and Conditions of Site use are governed by the applicable laws. If any provision herein is deemed unlawful, void, or for any reason unenforceable, that provision shall be severed or reduced to the extent permitted by law, without affecting the validity and enforceability of the remaining provisions. We reserve the right to change these Terms and Conditions without prior notice. The User is bound by the version of the Terms and Conditions at the time of their use, and we recommend periodic review. |
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