1. Ownership of the domain www.oboticario.pt
The site www.oboticario.pt is registered according to the "Rules for registration of .PT domains/subdomains”. The domain is owned by O Boticário - Tudo Azul SA, with its registered office located at Edifício Espace | Alameda dos Oceanos Nº59 | Piso 3 | Bloco C, Lisbon, Portugal, registered with the Company Registry of Lisbon under registration number/tax number 501740430, with a share capital of €1,000,000.
2. Object and scope
These General Terms of Agreement and Use apply to visitors to the www.oboticario.pt website and to any transactions of a commercial nature made through the O BOTICÁRIO Online store available on the site.
Navigation on the website and purchase of any product from O BOTICÁRIO Online implies acceptance of these General Terms of Agreement and Use by the user and by the customer.
3. Information regarding content
The www.oboticario.pt website is designed for personal use only. Any reproduction, transfer, distribution or storage of content published on the www.oboticario.pt website without prior written consent is prohibited for any purpose other than strictly personal use.
O BOTICÁRIO reserves the right to alter, at any time, the information and items offered for sale, including: products, prices, promotions, terms of sale and services.
Creation of links to our site for commercial purposes without prior authorisation from O BOTICÁRIO is expressly forbidden. Likewise, use of the domain O BOTICÁRIO.pt for abusive purposes or without prior authorisation may be subject to legal action on the part of O BOTICÁRIO. In the event that links that allow access to www.oboticario.pt are found on third party websites, we hereby declare that O BOTICÁRIO is not in any way liable for the third party site or the content therein.
We make every effort to ensure that the information presented is free of typographical errors; should such errors occur, we will undertake to correct them as soon as possible. If the information presented does not correspond to the characteristics of the product, the customer has the right to cancel the purchase and sale contract under the terms of the law.
The photographic images on the site are for illustrative purposes only. We recommend that you read the detailed product description for information about the product’s characteristics.
Product prices and specifications are subject to change without prior notice.
Despite O BOTICÁRIO’s best efforts, some products may be listed with an incorrect price. For this reason, we always verify the prices before we fill the order. If the actual price is lower than the price listed, we will reimburse you for the difference. If the price is higher, we will notify you by e-mail and await your decision on whether to accept the new price or cancel the order.
The product catalogue for O BOTICÁRIO.pt (online store) is completely independent from the brand’s physical stores in terms of both prices and quantities in stock. Quantities are limited for all promotional campaigns and are exclusively for sale online. If the product is unavailable and/or if stock runs out, you will be informed of the partial or complete cancellation of your order and your right to reimbursement of the corresponding amount paid.
O BOTICÁRIO shall not be liable, directly or indirectly, for any information, content, statements or expressions included in the descriptions of the items offered for sale on the www.oboticario.pt site. Authorship of product description content is the responsibility of the editors, manufacturers and distributors of the items in question.
All contractual information, product information, e-mail communications and formalisation of the sale are written in Portuguese.
4. Intellectual and industrial property
All rights are reserved worldwide with respect to the texts, comments, work, illustrations, works and images reproduced or displayed on the www.oboticario.pt site under the terms of copyright and intellectual property rights laws. Accordingly, and under the terms of the Intellectual Property Code, use is only authorised for private purposes save as otherwise provided for by law, including more restrictive provisions contained in the aforementioned code. Any full or partial reproduction or representation of the www.oboticario.pt site or of all or part of the elements included on the site is strictly prohibited.
The corporate names, trademarks and other distinguishing symbols reproduced on the www.oboticario.pt site are protected under the laws that apply to industrial property rights. Reproduction or representation of all or part of any distinctive signs without the prior express written consent of the trademark owner is strictly prohibited. Certain products, such as software, are subject to individual and specific rights of use that regulate copies, public broadcasts and leasing. Customers must comply with the general terms of sale of these products, and O BOTICÁRIO is not responsible for any use that may be made of them in this context.
All products sold through O BOTICÁRIO Online comply with Portuguese law.
O BOTICÁRIO does not accept any responsibility in case of violation of the laws of the country where the product is delivered. It is the customer’s responsibility to verify the conditions of import and use of the products s/he wishes to order.
O BOTICÁRIO is not responsible for any losses or damages due to interference, interruptions, computer viruses, breakdowns or disconnections of the operating system that may temporarily interfere with access, navigation or provision of services to users.
6. Obligations of customers and users
The customer and user must comply with and obey these general terms of agreement and use. Specifically, customers and users must comply with the following obligations:
1) Users are prohibited from introducing, storing or disseminating any content that is defamatory, obscene, injurious, xenophobic and/or of any other nature that violates the general principles of law and public order;
2) Users must guard their passwords for logging on to the site and not divulge them to others in order to prevent third parties from accessing their accounts at O BOTICÁRIO.pt;
3) Users must not use false identities;
4) Users must provide correct personal information and addresses so that O BOTICÁRIO can properly process their orders;
Customers are responsible for the accuracy of the information provided to O BOTICÁRIO and shall immediately undertake to update the information in their O BOTICÁRIO Online Account Registration if there are any changes.
O BOTICÁRIO does not accept responsibility for any delay or inability to process the order, namely with respect to delivery, that occurs due to inaccurate or incomplete information provided by the customer.
Users of the site are expressly prohibited from transmitting messages or information that is injurious, misleading, defamatory or obscene or which violates, in any way, the right to privacy or the intellectual or industrial property rights of third parties. Users are also prohibited from disclosing any information that may be prejudicial to third parties or to the owner of the site.
O BOTICÁRIO reserves the right to eliminate the account of any user who commits any of these acts.
7. Privacy and personal data protection
In accordance with the Data Protection Act, Law 67/98 of 26 October, we hereby inform you that the data collected on the O BOTICÁRIO.pt site is processed by Tudo Azul SA, whose registered office is located at Av. Infante Santo nº 23, 11º Andar, Lisbon, Portugal, Tax no. 501740430. The company is registered with the Company Registry of Lisbon under the same number.
The data collected on this site is used to process orders, communicate with customers, process requests for information and handle any complaints, as well as for statistical analysis and for direct marketing.
O BOTICÁRIO guarantees the confidentiality of all information provided by its customers. Although O BOTICÁRIO collects and processes the data in a secure manner that prevents its being lost or manipulated by using the most sophisticated techniques available for this purpose, data collection in an open network allows for the circulation of personal data in unsecure conditions, and there is a risk of the data being seen and used by unauthorised third parties.
All customers have the right to access, amend, cancel or object to the use of their data. If you wish at any time to have your data removed from the O BOTICÁRIO database, you may exercise this right by one of the following means:
O BOTICÁRIO is registered with the Comissão Nacional de Protecção de Dados (Portuguese Data Protection Authority).
The customer expressly authorises O BOTICÁRIO to send information about products and services that may be of interest to him/her using the personal data collected for direct marketing purposes through any channel of communication, including electronic mail, text messaging, multimedia messaging and other forms of automatic calling. O BOTICÁRIO does not sell or share its customer database to third parties.
8. Placing orders online
In order to shop online on the www.oboticario.pt site, you must register as a customer by filling out the form available online. After registering, all you need to do is add all the items you wish to purchase to the shopping cart. You must follow all the steps of the online shopping process to successfully complete the purchase.
The prices listed on the www.oboticario.pt site are exclusive to the O BOTICÁRIO Online store and may be different from the prices in O BOTICÁRIO physical stores. Quantities are limited for all promotional campaigns and are exclusively for sale online.
Validation of the purchase order assumes that the customer has knowledge of and agrees to the General Terms of Agreement and Use of the www.oboticario.pt site. The data registered by O BOTICÁRIO constitute proof of the set of transactions made between O BOTICÁRIO and the customer. O BOTICÁRIO is responsible for keeping the electronic document in which the contract is formalised on file and accessible.
As soon as you complete your purchase, you will receive an automatic e-mail confirming the transaction. If the information is not correct, you can immediately ask that it be corrected or even cancel the purchase.
Payment can be made using PayPal; in this case customers must identify themselves with their user name and password.
9. Product availability
O BOTICÁRIO will only process an order placed by a customer after confirmation of payment. Therefore, O BOTICÁRIO cannot guarantee availability of the items until this processing begins. The estimated dispatch date can be found in the product description: 24 hours. The transport time is added to the estimated dispatch time and will depend on the carrier selected and the destination of your order.
O BOTICÁRIO only dispatches on working days. Therefore, weekends and holidays are not counted when estimating delivery times.
In any case, estimated delivery dates are purely indicative and not binding. If any of the goods ordered are unavailable, O BOTICÁRIO may choose to: (i) contact the supplier to determine whether the missing item can be replaced, and then contact the customer if the time to delivery or the price of the item has changed; the order will only be processed after the customer’s consent; or (ii) cancel the order and reimburse the customer for all amounts paid.
Any delay in dispatching the items in relation to the estimate given does not entitle the customer to compensation.
10. Shipping charges
Shipping to Portugal and Spain - €3.75€
Shipping to other European Union countries- €7.95
11. Cancellations, exchanges and returns
Applies to purchases made on www.oboticario.pt.
Customers may cancel an order at any time before it is delivered and are entitled to a full refund of all amounts paid. Once the customer has received the order, s/he may exercise the right of withdrawal in accordance with the law and the terms indicated below.
Failure to pay for the order within 5 (five) days of the date of purchase will result in automatic cancellation of the order.
The product catalogue for O BOTICÁRIO.pt online store is independent from the brand’s physical stores in terms of both price and quantities in stock. Quantities are limited for all promotional campaigns and are exclusively for sale online. If the product is unavailable and/or if stock runs out, you will be informed of the partial or complete cancellation of your order and your right to reimbursement of the corresponding amount paid.
Despite O BOTICÁRIO’s best efforts, some products may be listed with an incorrect price. For this reason, we always verify prices before we fill the order. If the price is lower than the price listed, we will reimburse you for the difference. If the price is higher, O BOTICÁRIO Portugal will submit a new contract proposal to you with the corrected price and await your confirmation or cancellation of the order. Under the terms of Law 7/2004 of 7 January, relative to electronic commerce, O BOTICÁRIO reserves the right to cancel the order unilaterally if a programming error occurs or the O BOTICÁRIO Portugal computers malfunction or if the contract proposal arrives at its destination in improper condition and the error affects an essential element of the contract.
CANCELLATION OF ORDERS PLACED USING A CREDIT CARD:
In the case of orders paid for by credit, the credit contract is automatically and simultaneously deemed to be terminated with no right to compensation (Article 8 of Decree-Law 143/2001 of 26 April as amended by Decree-Law 82/2008 of 20 May).
As part of our Customer Satisfaction Policy and under the terms of the law, O BOTICÁRIO allows exchange or return of items (cancellation of the contract) within 30 days of the date the customer receives the items without having to pay a penalty and without having to give a reason.
To exchange or return an item, the customer must notify the O BOTICÁRIO.pt Customer Service Department in writing by e-mail or letter. The items must be returned within 30 days of the date of receipt and must be accompanied by the original sales receipt or invoice (Article 6 of Decree-Law 143/2001 of 26 April, as amended by Decree-Law 82/2008 of 20 May).
If you wish to exchange or return items, you may go to any O BOTICÁRIO Portugal store or contact the O BOTICÁRIO.pt Customer Service Department, and you will be provided with all the information about the exchange/return process. Do not under any circumstances send the items without contacting O BOTICÁRIO in advance because the items will not be accepted.
When returning or exchanging items, the following criteria must be met:
All items returned will be checked when they arrive at the Customer Service Department and only those that fulfil the return criteria will be accepted for exchange or return.
If you choose to be reimbursed for the item, please note the following:
O BOTICÁRIO reserves the right to not accept articles that do not fulfil these criteria.
12. Applicable legislation
All purchases made on the www.oboticario.pt site are subject to Portuguese law. Any dispute or disagreement as to interpretation of the General Terms of Agreement and Use shall be brought before the Portuguese court of competent jurisdiction.
If our customer is outside of mainland Portugal, please note that any legal action must be brought before the Portuguese courts.
These General Terms of Agreement and Use were updated on 25 March 2013.
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