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1. OBJECTO
This website is managed by Europrice Lda. (hereinafter, “EUROPRICE”), a limited liability company headquartered in Qt. Santo António Arm.1 3140-562 Tentúgal, Portugal, with corporate identification number 504053981.
These Terms and Conditions (hereinafter, “Conditions”) apply to all users or customers of the website [EUROPRICE.pt] (hereinafter, referred to as User(s)) and, as well as to any transactions of a commercial nature carried out through your online store.
2. INTRODUCTION
When using this website and/or when purchasing any product in the online store, the User is bound by these Conditions and the other policies that govern the use of the website (namely, Privacy and Cookies Policies). EUROPRICE asks you to carefully read the Conditions and associated policies before using this website.
The contractual proposal relating to the purchase and sale of products marketed in this Online Store is addressed only to people of legal age, with full capacity and who, therefore, can be responsible for the commitments resulting from the purchase and sale of the products marketed.
If the User does not agree, in whole or in part, with these Conditions, he must not access the website or the associated features and services, namely its Online Store. In particular, carrying out any and all purchases through the Online Store depends on the acceptance of these Conditions, therefore, if you do not accept them, you will not be able to use it.
The acceptance of these Conditions by the User is carried out in his/her personal name. When placing orders through the Online Store, the User declares to be over 18 years old, guaranteeing to have full legal capacity and powers necessary to carry out this acceptance. Moreover, by accepting these Conditions, the User expressly declares that he will not use the website and the functionalities or services associated with its use, for illegal and/or illicit purposes.
EUROPRICE may, at any time, update, modify or replace, in whole or in part, these Conditions or the policies associated with them, announcing such changes in its own place. The User will be responsible for periodically verifying the occurrence of any changes, the use of the website being governed by the conditions in force at each moment of access.
Access to and continued use of this website following the posting of any updates, modifications or replacements to the Conditions and associated policies, with the exception of the Privacy Policy, constitutes acceptance and agreement with such updates, modifications or replacements.
Without prejudice to any changes to these Conditions, the Terms and Conditions in force on the date of the respective confirmation will apply to each order.
EUROPRICE guarantees the security of the User account within the expected and appropriate security measures for platforms such as this website and the respective online store.
By using this website, the User acknowledges that their personal data will be processed by EUROPRICE, identified above, and declares that all information or data provided is true and corresponds to reality. EUROPRICE cannot be held responsible for the inaccuracy of the information provided by Users on the website, who are entirely responsible for its accuracy, completeness and updating.
All information or personal data provided by the User will be treated in accordance with the provisions of the Privacy Policy and Cookies Policy.
The User hereby consents to the use of the information provided for contact purposes whenever necessary, as well as to the provision, by EUROPRICE, of his personal data (name, address and telephone number) to the carrier in charge of delivering the ordered products.
In case of doubt regarding the Conditions or the Privacy and Cookie Policies, you can contact us at geral@europrice.com.
3. USAGE OF WEBSITE
3.1 Service availability
EUROPRICE is not responsible for damages arising from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
Under no circumstances can EUROPRICE (and/or its representatives or collaborators) be held liable for any damages arising, in any capacity, from the malfunctioning of this website, regardless of the length of time such malfunctioning lasts, or for any damages caused for the reproduction, use or exploitation of the website that violates the provisions of these Conditions.
EUROPRICE reserves the right to modify at any time the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.
EUROPRICE has the exclusive right, unilaterally, at any time and without the need for prior notice, to suspend or terminate, partially or totally, temporarily or definitively, access to the website, in particular in terms of management, maintenance, repair, alteration or modernization.
Violation of the provisions of the Conditions by the User constitutes grounds for its resolution by EUROPRICE, which reserves the right, at any time, to terminate the use of the website and the respective functionalities and services by the User in question, with or without notification to the same. In any case, the violation of these Conditions by the User, and regardless of whether or not it is resolved, gives EUROPRICE the right to be compensated for all damages arising therefrom.
3.2 Website signup
Mere access to the website is not subject to registration. However, to enjoy all its features and services, namely placing an order, User registration will be necessary.
In order to register, you must create a User account, filling out the form for this purpose and indicating, obligatorily, an email address and password. Additionally, you will also be asked for the following personal data:
name;
E-mail address;
password;
date of birth;
gender;
full address;
Telephone contact
After completing the registration and in subsequent accesses, it will only be necessary to identify yourself using the email address and the respective password, indicated when creating the User account.
The User is responsible for the veracity, completeness and legality of the data provided at the time of registration. In these terms, the User will be solely and exclusively responsible for any false or inaccurate declarations that he/she makes, as well as for all the activity that takes place in his/her account, and EUROPRICE does not have any obligation to monitor the contents or (in) fulfillment of any User responsibilities, namely towards other Users or before national authorities.
EUROPRICE does not have access to or knowledge of the password defined by the User, and it is up to the User to ensure its confidentiality and guarantee its safekeeping and good use, as well as comply with good practices regarding the security of its account (in particular, changing password regularly and avoiding connections over networks that are open to the public). EUROPRICE cannot be held liable for damages resulting from the loss or misuse of the password defined by the User.
3.3 Place an order
All products available on the EUROPRICE website are illustrated with photographs and an indication of their essential characteristics.
EUROPRICE makes every effort to ensure that the information presented is up to date and free of typographical errors. Without prejudice, whenever these occur, it will correct them as soon as possible.
At any time, EUROPRICE may change, delete or move any information / product on the website and Online Store, without the need for prior notice, namely those relating to prices, promotions, offers, commercial conditions and services.
The User hereby accepts and expressly agrees with the following:
The images are merely illustrative, and may not strictly correspond to the actual appearance of the products, so the User must carefully and fully read the information made available on the website about the essential characteristics of each product, warnings and instructions for use. In case of doubt, you can contact EUROPRICE in order to obtain additional information, filling in the form provided for making requests for information.
All products for sale on the website are subject to existing stock, without prejudice to EUROPRICE endeavoring to present updated information regarding product availability. EUROPRICE is not obliged to supply products that are unavailable. Whenever the unavailability of any products ordered is verified, EUROPRICE immediately informs the User, refunding the respective price within 30 days.
EUROPRICE will not be held responsible for any discontinued items. In this case, the procedure applicable in the case of unavailability of products will apply, as per the previous paragraph.
The prices and products available on the website will only be valid for commercial transactions carried out through the Online Store;
The shipping costs shown are for mainland Portugal only.
To place an order, you must follow the online purchase procedure, namely by inserting the desired products into your shopping cart, indicating the number of desired units and, where applicable, the respective size and color.
Once the process of selection of the desired products is completed, the User must select the option «Finalize Order», and for this purpose must follow the indicated procedure, logging in or creating a new registration (as provided in 3.c) and following the steps described in point 3.e) and following.
3.4 Prices
Whilst we make every effort to ensure that the prices posted on the website are correct, errors may always exist. In the event of a manifest error in the price, EUROPRICE will immediately inform the User, giving him the option of confirming his order with the correct price or canceling it. If it is not possible to contact the User, we will consider the order as canceled and all amounts paid will be refunded in full.
Online prices may differ, compared to physical stores, in the case of different channels. The customer will be able to choose the purchase channel, respecting the price applied.
The prices shown include VAT at the legal rate in force in Portugal. To these prices will be added the costs applicable depending on the destination, as provided in 3.5.
The prices shown can be changed at any time, and any changes will not affect orders for which the “Order Confirmation” has already been sent.
3.5 Delivery & Payment Methods
For the purpose of finalizing the order, the User must select the desired delivery and payment methods, choosing between one of the following methods available on the website:
- Mbway;
- Bank Reference;
- Credit Card;
- Paypal;
- Google Pay.
3.6 Sending the order to the address indicated by the User
In this case, the User must indicate the intended delivery method and respective delivery data (name and address), so that EUROPRICE communicates them to the carrier responsible for delivering the order.
Products sold through the Online Store are available for delivery throughout Europe, provided they are in stock. Except in extraordinary circumstances, orders placed will be delivered in accordance with the deadlines established depending on the final destination.
The User will thus be able to choose between one of the following delivery methods present on the shipments and deliveries page.
Notwithstanding the indicated deadlines, delays may occur for any of the following reasons:
Delays by carriers;
Delivery difficulties to the recipient;
Local holidays.
Delivery times refer to working days, with orders and/or shipments not processed on Saturdays, Sundays and National Holidays.
Payment must be made through one of the available payment methods, and the User must choose to make the payment through an ATM reference valid for 72 hours, paypal, visa or mastercard, or another available at any time on the website.
The process of processing and dispatching the order to the selected store only begins after confirmation of receipt of payment.
3.7 Invoicing data
Whenever you choose to purchase products online – as provided for in subparagraphs b) and c) of the previous number –, it will be necessary for the User to indicate the following data for billing:
- Full name;
- Telephone contact;
- Billing address;
- NIF to appear on the invoice
The aforementioned registration data will be requested from the User when making the first purchase through the website, and will be saved for the purpose of future purchases. Without prejudice, the User may choose to enter new data in subsequent purchases.
3.8 Order finishing
Before confirming the order, a summary of the order to be placed will be presented, which will include a list of the selected products, their prices, amount to be paid as VAT, means of delivery and payment method and billing information, when applicable.
The User undertakes to verify the data contained in his order summary, and must go back to the previous steps in order to proceed with the respective rectification if he detects any non-compliance.
To complete the order, it will be necessary for the User to read these Conditions carefully, marking their agreement in the place for this purpose. The acceptance of these Conditions is an absolute requirement for the continuation of the operation. The User must immediately print and file the Terms and Conditions for future reference.
Once the order has been completed, the User will receive an automatic email with the “Order Confirmation”. If the data indicated there are not correct, you can immediately request the cancellation of the purchase/reservation made.
In the case of an online purchase, by completing the procedure described and finalizing the order, the User is entering into a purchase and sale contract with EUROPRICE.
After payment of the total price of the products, the invoice will be issued and sent to the email provided by the User. Once issued, the invoice cannot be reissued with changes.
4. EXCHANGE AND RETURN POLICY
Under the terms of DL n.º 24/2014, of February 14th, amended by Law 47/2012, of July 28th and by DL n.º 78/2018, of October 15th, Consumers, whose definition is foreseen in said legal diploma, have the right to freely terminate the contract, up to 14 days after receiving the order, without any need for justification.
To exercise the right of free termination of the contract, the User has the following options:
If you have not yet received the “Order Dispatch Confirmation” email, clearly expressing your desire to cancel the order via the customer service line or geral@europrice.pt;
If you have already received the “Order Dispatch Confirmation”, you must wait for it to be delivered, then fill in the return form and return the order.
Once the right of free termination of the contract has been exercised under the terms set out in the previous paragraphs, EUROPRICE will acknowledge, within 24 hours, the receipt of this declaration, by means of an email addressed to the User.
The right of free withdrawal may be exercised by the User for all products purchased or only for some of the products included in the order.
4.1 Effects of the free termination of the contract
Whenever the right of free withdrawal is validly exercised by the User, the User will be fully refunded the price paid for the products and the respective delivery costs within 14 days from the date of the withdrawal decision.
If you have already received the products, the User must, within a period of 14 days from the date on which he has communicated his decision to terminate the contract, return them to EUROPRICE’s facilities, bearing any costs with their transport. Any products returned for collection will not be accepted.
Upon receipt of the returned products, we will verify them, ensuring that they are complete and in the same conditions in which they were shipped. Once this verification has been completed without any problems being detected, we will refund the amount paid through the same payment method used by the User for the original transaction.
EUROPRICE reserves the right to withhold reimbursement as long as the products are not received or as long as the consumer does not provide proof of their return, as well as the right to refuse reimbursement for a product that, having been returned, is not in the conditions in which it was it was shipped.
Exceptions to the provisions of these Conditions are cases in which the products sold are sealed and cannot be returned for reasons of health or hygiene protection, when opened after delivery. In these situations, the right to freely terminate the contract is not applicable. Likewise, the right to freely terminate the contract will not apply whenever the customer opts for the option conferred in paragraph a) of point 3.5.
4.2 Contractual right to return products
Upon receipt of the products, the User may return and/or exchange them, under the terms set out below. This right can be exercised for all products purchased or only for some of the products included in an order.
The User has 30 days, counting from the date of delivery of the respective order, to return the products purchased online. The user will be responsible for ensuring the delivery of the products to the EUROPRICE premises, no returns sent for collection will be accepted.
The User may also choose to exchange the products purchased online at any of the EUROPRICE physical stores, having 15 days to do so. Respecting the rules of the commercial establishment.
The contractual right to return products applies exclusively to products that can be returned under the same conditions in which the User received them, with no returns / exchanges being made for products that have been used, or whose labels have been removed and/or cut. , or that present damage attributable to the User.
Any alteration of the products beyond the simple opening of the respective packaging invalidates the possibility of return or exchange.
Products must be returned using or including, cumulatively:
The original packaging;
The order confirmation number and/or copy of the invoice/receipt;
The duly completed return form;
All product labels and packaging.
Upon receipt of the returned order, EUROPRICE proceeds to verify the conformity of the products in question, checking that they are in the exact conditions in which they were shipped, namely with all labels and constituent parts/accessories, without having been used and without any damage caused. by the User.
After validating the condition of the products, EUROPRICE analyzes the original order and the return form, validating or rejecting the respective return. If the respective return is accepted, refund the amount paid through the same payment method used by the User for the original transaction.
If the return has been made within the period provided for in these Conditions, and the product meets all the necessary requirements identified, the return will be made.
If all the conditions described above are not verified, the return will be refused and communicated to the User by email, which will also indicate the reasons for rejecting the return. The User has the option of requesting the reshipment of products not accepted for return, assuming the respective reshipment costs.
Exceptions to the provisions of these Conditions are cases in which the products sold are sealed and cannot be returned for reasons of health or hygiene protection, when opened after delivery. In these situations, EUROPRICE reserves the right to refuse the return of opened products after delivery.
5. WARRANTY
5.1 Products with defect
EUROPRICE products undergo quality inspection. However, EUROPRICE responds, for any lack of conformity of products sold to Consumers that manifests itself within a period of 2 years counting from the respective delivery, provided that it is communicated to EUROPRICE within a maximum period of 2 months counting from the date on which it was detected.
The products do not comply with the purchase and sale contract when any of the following facts are verified:
When the products do not conform to the description made by EUROPRICE on its website;
When the products are not suitable for the specific use for which they are intended;
When the products are not suitable for the uses usually given to goods of the same type;
When the products do not have the usual qualities and performance in goods of the same type and that the User can reasonably expect, taking into account the nature of the good and, eventually, public statements about its specific characteristics, made by EUROPRICE.
During the warranty period, the product that presents a manufacturing defect will be replaced by a similar model, when it is not possible to repair it.
Therefore, whenever the User considers that the purchased product contains a defect, he must contact EUROPRICE, using the contact form, indicating the order number and presenting the corresponding invoice, explaining the defect and, if possible, sending photographs of the item. defective.
EUROPRICE will analyze and confirm whether in fact there is a non-compliance with the product, and if so, we will proceed with its replacement at no inherent cost, with EUROPRICE responsible for contacting the User with a view to scheduling the collection of the non-compliant good, supporting all return and forwarding costs.
6. WARRANTY EXCLUSIONS
Lack of conformity or defects in the products are not considered to exist if, at the time the contract is concluded, the User is aware of such lack of conformity or defects or cannot reasonably ignore them. Thus, when the product has been sold with an express indication that it contained the defect in question, it cannot be returned as defective. Without prejudice to the User continuing to have the return procedures provided for in these Conditions.
Excluded from the warranty are materials subject to breakage, deterioration, oxidation, loss or misplacement, defects caused by knocks, inappropriate use, improper conservation and cleaning, negligence, improper use, modifications, unauthorized repairs, accidents or normal wear and tear. and also the damage caused by the use of other products, either in conjunction with these or alone.
7. RESPONSABILITY
To the fullest extent permitted by law, EUROPRICE will only be liable for damage caused by gross negligence or willful misconduct. EUROPRICE assumes no responsibility for the continuous availability of its website, and in particular mobile networks, the Internet and mobile devices.
8. CUSTOMER SUPPORT
The User may request assistance, direct comments, suggestions or complaints to EUROPRICE through the specific form available on the website, the customer service line or geral@europrice.com
EUROPRICE is at your disposal for any clarification or resolution of any problem related to the supplied products.
9. ALTERNATIVE DISPUTE RESOLUTION
In the event of a dispute relating to contractual obligations resulting from purchase and sale contracts, in accordance with EU Regulation No. at http://ec.europa.eu/consumers/odr/.
You can also 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, via the website www.consumidor.pt.
Coimbra District Consumer Conflict Arbitration Center
(http://www.centrodearbitragemdecoimbra.com or Av. Fernão de Magalhães, nº 240, 1º Andar, 3000-172 Coimbra);
10. INTELLECTUAL PROPERTY
The User acknowledges and consents that all intellectual property rights, namely, but not limited to, copyright, trademark, designs, trade secrets or any other on the materials or content that are provided as part of the website are, in any moment, property of EUROPRICE or whoever has granted the license for its use. The User will only be able to use this material in a way that is expressly authorized by us or by whoever granted us the license for its use.
These Conditions do not grant the User any rights to use any brands and/or logos as well as designs, or other rights protected by copyright, owned or licensed to EUROPRICE.
The User will not copy, translate, disassemble or decompile, nor will he create or attempt to create, by reverse engineering or otherwise, the source code and/or object of the website, also refraining from removing any confidentiality or proprietary notices intellectual property contained on the Website.
EUROPRICE guarantees that, within the expected and reasonable knowledge it has, it does not violate any intellectual property rights of third parties.
11. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
The User must not misuse this website through the intentional introduction of viruses, Trojan horses, spyware, malware, or any other technologically harmful or harmful material. The User will not attempt to gain unauthorized access to this website, the server where this page is hosted or any server, computer or database related to our website. The User undertakes not to attack the website in any way, namely through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause may result in the commission of various crimes provided for and punished in the personal data protection legislation and in the cybercrime law, which will be duly reported to the competent authorities.
12. LINKS FROM OUR WEBSITE
If our website contains links to other pages and materials from third parties, these links are provided for information purposes only, without having any control or responsibility over the content of those pages or materials, as well as their policies and/or practices. The establishment of links to other websites does not imply, under any circumstances, the existence of relations between EUROPRICE and the owner or manager of the website to which the link refers. Therefore, we will not accept any liability for damage or loss due to its use.
13. WRITTEN COMMUNICATION
By using this website, the User accepts that most of the notifications exchanged with EUROPRICE are electronic, and that this form of communication satisfies the legal requirement that such notifications be made in writing.
User notifications should preferably be sent through our contact form.
This condition will not affect the rights recognized by law.
14. FORCE MAJEURE REASONS/EVENTS
EUROPRICE will not be liable for any non-compliance or delay in any of the assumed obligations whose cause is due to events that are beyond our control (Force Majeure Reasons/Events).
The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our control, including, but not limited to, the following:
General strike, or other forms of protest that significantly affect the country.
Public nuisance, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
Inability to use public or private telecommunications systems.
Impossibility of using rail, sea, air, road or other public or private means of transport.
Government laws, decrees, regulations or restrictions.
Any obligations will be suspended during the period in which the Force Majeure Reasons/Events occur, extending the deadlines to fulfill such obligations for a period of time equal to the duration of the Force Majeure Reasons/Events.
15. FINAL PROVISIONS
Portuguese law applies to the conditions of sale presented, without prejudice to other rights recognized to the consumer by the legislation in force.
EUROPRICE has the right to change these Conditions at any time. The User is subject to the principles and terms in force on the date of his order, unless the law or competent authority imposes any changes to them (and such changes being applicable to orders already placed).
These Conditions, including the Privacy and Cookies Policies, constitute the complete agreement between the User and EUROPRICE regarding the use of the website.
Its Policies are an integral part of these Conditions, and they cannot be separated from it.
THE USER DECLARES THAT HE HAS READ AND UNDERSTAND THE PRESENT GENERAL CONDITIONS, AS WELL AS THE POLICIES ASSOCIATED WITH THEM, AND THAT HE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE, BEFORE ACCEPTING THEM. YOU FURTHER ACKNOWLEDGE THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND EUROPRICE, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND EUROPRICE REGARDING THE SUBJECT MATTER OF THIS AGREEMENT.
LATEST VERSION: 2020. Coimbra, Portugal.
