2. COMPANY DATA
The sale of goods through this website is carried out under the name LABUTA by CÓGIGO SEMANAL LDA. a Portuguese company with registered office at Rua Tenente Valadim nº 3 - 1º Andar, 2410-190 Leiria - PORTUGAL, and registered in the Commercial Register of Leiria. You can contact our customer service department at +351 910131103.
3. USER DATA AND VISITS TO THIS WEBSITE
The information or personal data provided by the User will be processed in accordance with the current data protection policies. By using this website, the User expresses his consent in the processing of the information and his personal data, and declares that all the information and details provided are true and correspond to reality.
4. USE OF THIS WEBSITE
5. AVAILABILITY OF THE SERVICE
The articles offered through this website are available for delivery worldwide.
6. CONTRACT FORMALIZATION
The information contained in these conditions, and the details contained in this website do not constitute an offer to sell, but an invitation to negotiate. There should be no contract between the User and the Company, related to any products, until their order has been expressly accepted by the latter. If your offer is not accepted, and the corresponding amount has already been debited from your account, the amount will be refunded in full. To place an order, the User must follow the online purchase procedure, and click on “Checkout”. After doing so, you will receive an email confirming receipt of your order (the “Order Confirmation”). This does not mean that your order has been accepted, since it constitutes an offer that the User makes to the Company for the purchase of one or more products offered by it. All orders are subject to approval by the Company, which will be communicated to the User via an email confirming the order has been shipped (the “Shipment Confirmation”). The Agreement between the Company and the User for the purchase of a product (the “Agreement”) must be formalized only when sending the Confirmation of Shipment. The Contract only covers the products mentioned in the Shipping Confirmation. The Company is not obliged to supply you with any other products that have not been ordered, until you obtain confirmation of their shipment, through the Shipment Confirmation.
7. PRODUCT AVAILABILITY
All product orders are subject to product availability. In the event of difficulties in supplying the products, or if stocks are exhausted, the Company reserves the right to provide the User with information on substitute products, of quality and value equal to or greater than that of the order. If the User does not want the substitute products, The Company will refund any amount already paid by the User in connection with the order.
8. REFUSAL TO PROCESS AN ORDER
The Company reserves the right to remove any products from this website at any time, as well as to modify any material or content on it. While we always do everything possible to process all orders, exceptional circumstances may occur that force us to refuse to process an order after sending the Order Confirmation, and we reserve the right to do so at any time. The Company is not responsible for the possible removal of any products from this website, or for the possible removal or modification of any material or content from this website, by us or by third parties, or for the non-processing of an order after sending the Confirmation of the Order.
Notwithstanding clause 7 above, regarding product availability, and except in extraordinary circumstances, we will do everything possible to send the order consisting of the product (s) mentioned in each Shipment Confirmation prior to the date indicated in the Shipping Confirmation in question or, if no delivery date is specified, within the estimated time specified when selecting the payment method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation. However, there may be delays for reasons such as, for example, product taxation, unforeseen circumstances or problems in the delivery region. If, for any reason, we are unable to meet the delivery date, we will inform the User of this situation, giving him the option to proceed with the purchase, to establish a new delivery date or to cancel the order, with the right to a refund total amount paid. In any case, the User should keep in mind that we do not make domestic deliveries on Saturdays and Sundays. For the purposes of these conditions, "delivery" is considered to have been carried out, or the order "delivered", when the User or a third party indicated by him is in physical possession of the goods, evidenced by signing the order receipt at the indicated delivery address.
10. IMPOSSIBILITY OF SHIPMENT
If it is impossible for us to deliver the order to the User, it will be forwarded to our warehouse. We will leave a note indicating the place where the order is, and the steps to follow so that we can proceed with its delivery. If the User is unable to be present at the delivery location at the agreed time, please contact our services, so that we can arrange delivery on another day and time. If 30 days after the date on which the order is available for delivery, the order cannot be delivered for reasons beyond our responsibility, we can assume that the User wishes to cancel the contract, and it will be considered as finalized. As a result of finalizing the agreement, we will refund all payments we receive from the User, including the delivery fee (except for any additional costs derived from your preference for any delivery method other than that offered by the Company) without any undue delay, and in any case, within 14 days from the date of termination of the agreement. The User must take into account that the transportation derived from the terms of the contract may have an additional cost, which the Company will have the right to charge to the User.
11. TRANSMISSION OF RISK AND PROPERTY OF PRODUCTS
The product risks are the responsibility of the User from the moment of delivery. The User will assume ownership of the products from the moment the Company receives full payment of the amounts due for the delivered products.
12. PRICE AND PAYMENT
The price of the products will always be the one stipulated on our website, except in case of evident error. Although we make every possible effort to ensure that the prices posted on our website are correct, errors may occur. If we discover an error in the price of any of the products selected by the User, we will inform you as soon as possible, offering you the option to confirm your order at the correct price, or to proceed with the cancellation of the order. In the event that it is not possible for us to contact the User, we will consider the order as canceled, and proceed to the full refund of all amounts paid in connection with the order. The Company is not obliged to supply the User with any product with a lower incorrect price (even after sending the Shipping Confirmation), in case the error in the price is evident and unambiguous, and could have been reasonably recognized by the User as treating sure of an incorrect price.
Prices on the website include VAT, but do not include delivery charges, which are free for Mainland Portugal and the Islands. Prices can be changed at any time. However, except in the circumstances mentioned above, price changes should not affect orders for which an Order Confirmation has been sent. Once all the items you want to buy are selected by the User, they will be added to your cart, consisting of the following steps in order processing and payment. For this, the User must follow the steps of the purchase process, filling in or verifying the information requested in each step. Throughout the purchase process, and before making payment, the User can change the details of his order. The User will find a detailed description of the purchase process in the Help menu. In addition, registered Users will be able to consult a record of all orders placed, in the “My Account” area. Payment can be made with Visa, Mastercard, American Express and Discover cards through PayPal or made through ATM references.
If the payment method chosen is PayPal, the charge will be made at the time of order confirmation. By clicking on "Pay with Paypal", the User confirms that the credit card is his. Credit cards are subject to verification and authorization by the card issuer. If the entity does not authorize the payment, we will not be responsible for any delays or failures in delivery, and we will not be able to formalize any contract with the User.
13. ACQUISITION OF GOODS AS A VISITOR
The possibility to purchase goods as a visitor is also available on our website. In this type of purchase, only the User will be asked for the essential data for the processing of his order. Upon completion of the purchase process, the User will have the possibility to register as a user, or to continue to use our services as an unregistered user.
14. ADDITIONAL TAX
According to the rules and regulations in force, all purchases made through the website are subject to the Additional Tax (VAT). The price indicated on our website already includes VAT.
15. EXCHANGE POLICY
15.1 LEGAL RIGHT TO WITHDRAWAL LEGAL RIGHT TO WITHDRAWAL
If the User enters into a contract as a consumer, he has the right to revoke it, within 14 days, without being obliged to provide any justification. The revocation period will expire 14 days after the date of purchase of the products by the User, or in the case of a third party - other than the delivery person - indicated by the User to physically take possession of all the goods in an order delivered separately, within 14 days. from the date on which the User or a third party has physically taken possession of the last goods in the order. To exercise the right to revoke the contract, the User must notify LABUTA, via email email@example.com or by filling out our return form, about his decision to withdraw from this contract, by means of an unambiguous statement (for example: a communication sent by mail or e-mail). The User can use the return form, not mandatory. To respect the contract revocation deadline, just send the communication regarding your exercise of the right to revoke, before the period established for the revocation of the contract ends.
EFFECTS OF REPEAL In the event of the User revoking this contract, the Company will reimburse all payments received from the User, including delivery costs (with the exception of the additional costs resulting from the User choosing a delivery method that is not less than offered by the Company) without any unjustified delay and, in any case, within less than 14 days, counting from the date of communication of the decision to revoke this contract. The refund will be made by bank transfer to an account to be indicated by the User. In any case, the User will not pay any fees arising from said refund. However, the Company may withhold the refund until it has received the returned goods, or until the User presents proof of the return of the goods, whichever is earlier. The deadline will be considered fulfilled if the User returns the goods before the end of the 14-day period. Except in the case of delivery by the user of the goods using a courier service determined by the Company, the User must bear the costs of returning the goods. The User will be solely responsible for any eventual decrease in the value of the goods resulting from delivery, and it is not necessary to establish the nature, characteristics and operation of the goods.
15.2 REVOCATION CONTRACT LAW
In addition to the legally recognized right of cancellation by consumers and users, mentioned in clause 15.1 above, the user will benefit from a period of 30 days from the date of delivery of the products to proceed with the return of the same (except those mentioned in clause 15.3 below, for which the right to cancel is excluded). In case of return of the goods by the User within the contractual terms of the right of revocation, once the statutory period has expired, we will proceed to the refund of the amounts paid for said products. The User will be responsible for the direct costs of returning the product. The User can exercise his right of revocation in accordance with the provisions of clause 15.1 above. However, the User must inform us of his intention to revoke the contract, in accordance with the legal conditions of revocation established. The User must, in any case, return the goods within 30 days of the Shipment Confirmation.
The User will not be entitled to cancel the contract whenever it concerns the following products:
i. Custom items
ii. Sealed goods that are not suitable for return for hygiene reasons, and that have been opened after delivery. The User's right to cancel the contract applies exclusively to products that are returned under the same conditions in which they were received by the User. The Company will not make any refund if the product has been used beyond its simple opening, or in the case of products that are not in the same condition in which they were delivered or that are damaged, so we recommend that the User take care of the ) product (s) while they are in your possession. The User must return the products using or including all packaging and accessories, in addition to any other documents attached to the product, if any. In any case, the User must send the product (s) for return together with the receipt he received on delivery of the product.
The User will receive a summary with information on the exercise of the right of cancellation when receiving the order. Upon cancellation, the respective products must be returned as follows: Returns by courier service
To return the product (s) using a courier service indicated by the Company, the User must contact our services by filling out our Web form, or by email firstname.lastname@example.org. The User must return the product in the same packaging in which it was delivered, to the addresses indicated in the “Return” section of this website, without any additional cost to the User. If the User chooses to return the items in the “counter-refund” mode, the Company will be authorized to charge the User for any costs that may arise from this return mode. After examining the article, the Company will inform the User about its right to refund the amounts paid. Delivery costs will be refunded when the right to cancel is exercised within the statutory period, and when all the goods in the relevant order have been returned. The refund will be paid as soon as possible and, in any case, within 14 days of the user's notification of his intention to cancel the order. However, the Company may withhold the refund until all the goods are returned, or until the User presents proof of return of the goods, whichever occurs earlier. The refund will always be made by bank transfer to an account to be indicated by the User. The User must assume the cost and risk of returning the products if he chooses a different return option.
For any questions or issues related to the return of goods, the User can contact our services by filling out our contact form, or via email email@example.com.
15.4 RETURNS OF DEFECTIVE PRODUCTS
In cases where the User considers that at the time of delivery the product was not in the conditions stipulated in the contract, the User must contact our services immediately, through our contact form, providing the details of the product and the damages that it presents, or via email firstname.lastname@example.org, to receive instructions on how to proceed. The User must return the product together with the receipt he received with the product at the time of delivery. Our services will assess the condition of the returned merchandise, and will notify the User by email, within a reasonable time, if the product is returned or relocated (as appropriate). The refund or reallocation of the article must take place as soon as possible and, in any case, within 14 days from the date of sending the e-mail confirming the realization of the refund or the reallocation of the product.
The amounts paid for the products returned for any proven damage or defects will be fully refunded, including the delivery costs corresponding to the shipment of the item and the costs borne by the user for its return. The refund will be made by bank transfer to an account to be indicated by the User. All rights recognized to the User by the current legislation will, in any case, be guaranteed.
16. RESPONSIBILITY AND DISCLAIMER OF LIABILITY
Except in the cases expressly indicated in these conditions, the Company's liability for any product purchased on our website will be strictly limited to the purchase price of the product. However, the Company's liability will not be reduced or limited in the following cases:
i. In the event of death or personal injury caused by negligence on our part;
ii. In case of fraud or fraudulent misleading procedure;
or iii. In any case where it is illegal or unlawful to exclude, limit or attempt to exclude or limit the Company's liability.
Notwithstanding the provisions of the preceding paragraph, and within the legally permitted scope, except when these conditions establish otherwise, the Company will not accept any liability for the following losses, regardless of their origin:
i. loss of revenue or sales;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of premeditated savings;
v. loss of data; and saw. loss of working time or office hours.
Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, the Company does not guarantee the accuracy and security of the information transmitted or obtained through this website, except in the cases expressly indicated.
All product descriptions, information and materials displayed on this website are provided “as is”, without any express or implied warranties, except as provided by law. In this sense, if the User enters into a contract as a customer or user, the Company will be obliged to deliver the goods in accordance with the provisions of the contract, being its responsibility any lack of conformity verified at the time of delivery. For general purposes, goods are considered to be in conformity with the contract when:
(i) comply with the description provided by the Company, and have the qualities mentioned on this website,
(ii) they are fit in the generally accepted manner in the case of goods of this type
and (iii) exhibit the quality and performance normally present in goods of this type.
To the extent permitted by law, all guarantees are excluded, except those that cannot be legitimately excluded in favor of consumers and users. The products we sell, especially products produced by hand, often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in textures and colors, may not be considered defects or damages. On the contrary, the User must consider his presence as normal, and appreciate them. We only select products of the highest quality, but these characteristics are inevitable, and must be accepted as part of the individual appearance of the product. The provisions of this clause do not affect the User's rights as a consumer and user, nor his right to cancel the contract.
The User acknowledges and accepts that all copyrights, trademarks and other intellectual property rights in the materials or content provided as part of the website are the property of the Company, or of third parties that grant the respective license to use. The User may use such material only within the scope expressly authorized by the Company or by licensed users. This does not prevent the User from using this website, to the extent strictly necessary, to copy the information in his order or contact information.
18. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
The User undertakes not to misuse this website, intentionally introducing viruses, Trojans, worm, logic bombs or any technologically harmful software or materials. The User undertakes not to attempt, without authorization, to access this website, the server on which it is hosted, or any server, computer or database related to our website. The User undertakes to do not attack this website through any denial of service attacks, or through a distributed denial of service attack. Failure to comply with this clause will be considered an infraction, as defined by the applicable regulations. The Company will report any failure to comply with this regulation to the corresponding authorities, cooperating with them to discover the identity of the person responsible for the attack. Likewise, in the event of failure to comply with this clause, authorization to use this website will be suspended immediately. The Company cannot be held responsible for any damages or losses resulting from a service rejection attack, viruses, other technologically harmful or harmful software or material, which may affect the User's computer, his IT equipment, data or materials, such as result of using this website or downloading content from it, or from another site forwarded by it.
19. LINKS FROM OUR WEBSITE
If the Company's website contains links directed to other websites and third party materials, it is considered that said links are provided only for the purpose of obtaining information, without the Company having any control over the content of these websites or materials. Consequently, the Company will not accept any liability for any damages or losses arising from its use.
20. WRITTEN COMMUNICATION
The applicable regulations require that part of the information or notifications sent to the User by the Company be made in writing. By using this website, the User accepts that most communication with the Company takes place electronically. The Company will contact the User by email or provide information by posting notices on this website. For contractual reasons, the User agrees to use these means of electronic communication, and accepts that all contracts, notifications, information and other communications that are sent to you electronically comply with the legal requirements for their provision in writing. This condition does not affect your rights recognized by the law.
Notifications sent by the User should preferably be sent through our contact form. Despite the provisions of clause 20 above, and except in cases stipulated otherwise, the Company may send the User notifications either by email or through the postal address indicated by the user when placing the order. Notifications are deemed to have been received and managed correctly when they are posted on our website, 24 hours after they are sent by email, or three days after the date of publication in any of the established media. As proof of the sending of a notification, it should be sufficient to demonstrate, in the case of a letter, that it has been correctly addressed, that the corresponding postal item has been paid, and that it has been properly sent to the post office or to a post office box, in the case of an email, the notification was sent to the email address specified by the recipient.
22. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract commitment is valid for the User and the Company, as well as their respective successors, beneficiaries of transfers made by the parties, and heirs. The User may not transmit, waive, suspend or, in any other way, transfer a contract or any of the rights or obligations derived from it without the Company's prior and written consent. The Company may transmit, waive, embargo, subcontract or, in any other way, transfer a contract or any of the rights or obligations derived from it, at any time, during the term of the contract. To avoid any doubts, said transmissions, assignments, embargoes or other transfers will not affect the rights that, as applicable, the User has as a consumer recognized by law, or that cancel, reduce or limit in any way the express and tacit guarantees presented by the Company .
23. EVENTS BEYOND THE COMPANY'S CONTROL
The Company is not responsible for any non-compliance or delay in fulfilling any of the obligations assumed under the contract, when said non-compliance is caused by events beyond our reasonable control (“Force Majeure”). The concept of Force Majeure includes any act, event, failure to exercise, omission or accident beyond the reasonable control of the Company, including, among others, the following:
i. Strike, employer strike or other forms of protest.
ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
iv. Impossibility of using trains, boats, aircraft, motorized transport or other means of transport, public or private.
v. Impossibility of using public or private telecommunications systems and means. saw. Decisions, decrees, laws, regulations or restrictions of any government or public authority.
vi. Strike, failure or accident in sea or river transport, postal transport or any type of transport. The obligations on the part of the Company arising from the contracts may be suspended for the duration of the Force Majeure effect, and the Company will determine the extension of the period for the fulfillment of these obligations, corresponding to the time interval of the Force Majeure situation. The Company will make available all reasonable resources to end the Force Majeure situation, or to find a solution that allows us to fulfill our obligations under the contract, despite the Force Majeure situation.
24. RENUNCIATION RIGHTS
The failure of the Company to require the User to strictly comply with any obligations assumed by the User under a contract or these conditions, or the failure to exercise, on its part, the rights or actions that correspond to the Company in question. by virtue of this contract or its conditions, should not constitute a waiver of or limitation of such rights or actions, or an exemption from the fulfillment of such obligations. The waiver by the User of a specific right or action does not imply a waiver of other rights or actions arising from the contract or conditions. The Company's waiver of any of these conditions or the rights or actions derived from the contracts shall not take effect, unless expressly stipulated that this is a waiver of rights and its notification to the User is formalized, in accordance with the provisions of the notification section above.
25. PARTIAL CANCELLATION
If any of these conditions or any provision of a contract is declared null and void by firm resolution of the corresponding authority, the remaining terms and conditions will remain in effect, and will not be affected by said declaration of annulment.
26. COMPLETE AGREEMENT
These conditions, and any document mentioned therein, constitute the complete agreement between the User and the Company, as determined by the purpose of the same, replacing any previous pact, agreement or promise contracted between the User and the Company, either verbally or in writing. The User and the Company acknowledge their compliance with the terms of this contract, regardless of any declaration or promise made by the other party or that may have been deducted from any declaration or document in the negotiations entered into by the two parties prior to said contract, except those expressly mentioned in these conditions. The User and the Company undertake not to take any kind of action related to any false statement expressed by the other party, either verbally or in writing, prior to the date of conclusion of the contract (unless said false statement was made in a manner fraudulent) and the only action that can be taken by the other party will be related to the breach of contract, in accordance with the provisions of these conditions.
27. RIGHT TO CHANGE CONDITIONS
The Company reserves the right to revise and modify these conditions at any time. The User is subject to the policies and conditions in force at the time of using this website or placing the order, except when, by law or decision of government entities, it is necessary to make retroactive changes to such policies, terms or privacy statement. In this case, the possible changes will also affect orders placed previously by the User.
28. APPLICABLE LEGISLATION AND JURISDICTION
The use of this website and the product purchase contracts made through it are governed by Portuguese law. Any dispute that may arise or that is related to this website or to the aforementioned contracts will be subject to Portuguese jurisdiction. If the User enters into a contract as a consumer, nothing in this clause will affect his rights as such, recognized in the applicable legislation for that purpose.
29. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send us any comments and suggestions using our contact form. There is no official complaint form available for consumers and users. These can be requested by email email@example.com, or using our contact form