TERMS AND SERVICES

 

1. INTRODUCTION

 This document (together with the documents mentioned in annex) establishes the conditions that determine the use of this website (www.brasaorosa.pt) and the purchase of products on it (hereinafter "Conditions").

We ask you to carefully read the conditions, our policies regarding cookies and our privacy policy before using this website. By 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 the 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 concluding the contract (as defined below) are those that will apply.

If you have questions regarding the conditions or privacy policies, you can contact us through our contact form.

The Contract may be formalised, at your option, in any of the languages ​​in which the Conditions are available on this website.

2. OUR DATA

 This website is run by the company BRASÃO ROSA, LDA, a limited commercial company, headquartered at Rua Sebastião e Silva nº 67/69, 2745-838 Queluz, registered at the Commercial Registry of Sintra, under number 509 706 738, which is also the identification number of a legal person, with share capital of €30,000.00 (thirty thousand euros).

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

 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 the information or data provided 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 be authorized to cancel it and inform the authorities.
• Provide us with your e-mail address, postal address and/or other contact details, in a truthful manner and 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 process your order.

By placing an order through this website, you declare that you are over 18 years of age and that you have the legal capacity to enter into contracts.

5. CONTRACT AGREEMENT

 To place an order, you must follow the online purchase procedure and click on "Authorize Payment", and before that you must read and accept these Purchase Conditions. By doing so, you are entering into a purchase and sale agreement with us (the “Agreement”). You will subsequently receive an email acknowledging receipt of your order (the "Customer Order Confirmation").

You will receive an email from a company employee informing you of payment details and changes to the order conditions (if applicable) ("Order Confirmation by the company").

6. AVAILABILITY OF PRODUCTS

All product orders will be subject to their 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 as soon as possible of the unavailability.

7. DELIVERY

 Without prejudice to the provisions of Clause 6 above, regarding the availability of products, and unless extraordinary circumstances occur, we will try to send the order for the products mentioned in each Order Confirmation by the company, after confirmation of payment for the same or, if no delivery date is specified, within 30 days of the Order Confirmation date.

However, delays may occur for any of the following reasons:

• customization of products;
• specialized items;
• unforeseen circumstances; or
• delivery zone problems

If we are unable to meet the delivery date for reasons beyond our responsibility, we will inform you of this circumstance giving you the option to continue with your purchase, set a new delivery date, or cancel the order with a refund. total amount paid, without prejudice to all other rights that you may have under the terms of the applicable legislation. 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 him is physically in possession of the products, which will be evidenced by the signature of the order receipt at the delivery address indicated.

8. 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 delivery location at the agreed time, we ask that you contact us so that we can arrange delivery for another day.

Please note that, in the event of non-delivery of the product within the stipulated period, you may be charged expenses related to the storage of the products and new delivery attempts.

9. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

 The risks of the products will be borne by the customer from the moment of their delivery.

The customer will acquire ownership of the products when we receive full payment of the amounts due in respect of them, including shipping costs, or at the time of delivery (as defined in Clause 7 above), whichever date is later.

10. PRICE AND PAYMENT

The price of each product will be the one stipulated, at all times, on our website, except in the case of an obvious error. Although we try to ensure that all prices shown on the page are correct, errors may occur. If we detect an error in the price of any of the products that the customer ordered, we will inform you as soon as possible and we will give you the option to confirm the order again with 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 will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the error in pricing is obvious and unambiguous and if it could have been reasonably recognized by the customer as being an incorrect price. .

The prices on this website do not include VAT and do not include shipping costs, which will be added to the total amount owed, in accordance with our shipping policies.

Prices may change at any time, but (except as set out above) possible changes will not affect orders for which we have already sent an Order Confirmation.

Once your purchases have been made, all the items you want to buy have been added to your cart and the next steps will be to complete the order, receive the Order Confirmation from the company and pay. To do so, you must follow the steps of the purchase process, filling in or verifying the information requested in each step.

In addition, during the purchase process, before payment, the customer can change the details of his order. The user has a detailed description of the purchasing process in the Purchasing Guide. If you are an already registered user, a record of all requests made by the user will be available in the “My Account” area. You can pay by bank transfer.

11. VALUE ADDED TAX

 All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.

 

12. EXCHANGE POLICY

12.1 Right to terminate the contract

In accordance with the applicable rules, if you are contracting as a consumer, the customer has the legally enshrined right to terminate the contract, up to 14 days after its conclusion, without giving any reason.

The free withdrawal period will expire after 14 days from the day on which the customer (or a third party - other than the delivery person - indicated by you) physically purchases several items in an order delivered separately, 14 days from the day on which the customer (or this third party indicated by you) physically purchased the last product. To exercise the right to free termination of the contract, the customer can contact us via the telephone number 219 257 910, to the e-mail info@brasaorosa.pt, of his decision to terminate the present contract by an unequivocal statement (example: a letter sent by post or email). The customer may use the model resolution form, as set out in the Appendix. However, the consumer may exercise the right of free withdrawal by any means, and the use of any of the aforementioned means is not mandatory.

In order to respect the period for free termination of the contract, simply send your communication regarding your exercise of the right of withdrawal before the termination period of the contract expires.

Effects of terminating the contract

If the customer withdraws from the Contract, we will refund the amount paid for the products, including delivery costs to the original place of delivery (with the exception of the additional costs arising from the customer not making the return using any of the free methods mentioned in Clause 12.3 et seq. ) without undue delay and provided that it does not exceed a period of 14 days from the day on which you were informed of your decision to terminate this contract. We will make the refund using the same payment method that the customer used for the original transaction. In any case, the customer will not pay any fees arising from said refund. Notwithstanding the foregoing, we may withhold the refund until we receive the goods back, or until the customer shows evidence that he has returned them.

The deadline is met if the customer returns the products before the 14-day period has expired.

Unless the customer delivers the products to the company's headquarters in Portugal or returns the products through a carrier determined by us, the customer must bear the return costs.

The customer is only responsible for a possible decrease in the value of the goods resulting from delivery, and not for what is necessary to establish the nature, characteristics and functioning of the products.

Note that, after delivery of the order, if the customer exercises the right to terminate the contract and makes the return through a carrier chosen by him and not by Brasão Rosa, we cannot assume the risk in the return packaging when referring to causes not imputed to Brasão Rosa.

Likewise, the customer is responsible for the contents of the return package when choosing one of the return methods offered by Brasão Rosa. In the event that there is an error in the contents of the return package not attributed to Brasão Rosa, we have the right to charge the costs associated with the corresponding return to the customer, if applicable.

All rights recognized by the law in force will be safeguarded.

12.2 Contractual right to return products

In addition to the legally recognized right of free termination of the contract by consumers, mentioned in clause 12.1 above, we grant the customer a period of 30 days from the date of confirmation of shipment of the products to return them (except those mentioned in clause 12.3 following, for which the right to return the products is excluded). The customer will be responsible for the direct costs of returning the product if he does not return the company's headquarters in Portugal or if he does not return the products by a carrier determined by us.

The Customer may exercise his right to return the products in accordance with the terms set out in clause 12.1 above for the exercise of the right of free termination of the contract. However, the customer must inform us of his intention to return the products and deliver the products to us within a period of 30 days from confirmation of shipment. That is, in the case of returning the products by the customer, he will have to return the items in order to guarantee that they are received by Brasão Rosa within 30 days from the date of confirmation of shipment.

12.3 Conditions for exercising the contractual right to return products

The customer does not have the contractual right to return the products, provided for in clause 12.2 regarding the following products:

1. Customized Items
2. Sealed products that are not suitable for return due to hygiene reasons and that have been opened after

The contractual right to return products must apply exclusively to products that can be returned in the same conditions in which the customer received them. No refund will be made if the product has been used beyond simply opening its packaging or if it has been damaged; therefore, the customer should be careful with the products while they are in their possession. Please return the item, using or including the original packaging. It must also include all instructions, labels, documents and packaging of the products.

Upon return, the respective products must be returned as indicated:

• Returns at the Company's Headquarters: You can return any product at the Company's Headquarters in Portugal. In this case, you must present, together with the product, the e-ticket attached to the order confirmation email, which can be presented in digital format via your mobile device or via a printout of the same
• (ii) Returns by carrier: When returning the product(s) by a carrier determined by us, you must contact us via our email info@brasaorosa.pt or through the telephone number 219 257 910, so that the product is delivered to the place of original delivery.

Neither of the two options above will incur any additional cost.

 

If you do not intend to return the products through the free options available, the customer will be responsible for the return costs. Please note that if you decide to return the items to us for collection we are entitled to charge you for any expenses we may incur.

After examining the item, we will let you know if you are entitled to a refund of the amounts paid. Delivery costs will be refunded when the contractual right to return the products is exercised within the contractually defined period and all the products in question are returned. The return will be carried out as soon as possible and, in any case, within 14 days from the date on which the customer communicated their intention to return the products. products back or until the customer shows evidence that the products shipped the products. Returns will always be made using the same means of payment that the customer used to pay for the purchase.

If you have any questions, please contact us via our email info@brasaorosa.pt or via the telephone number 219 257 910.

Notwithstanding the limitations to the contractual right to return the products, provided for in clause 12.2, this Clause shall not apply to the exercise of the right of free termination of the contract legally attributed to the consumer, namely with regard to the limitation of the powers of inspection and goods handling.

12.4 Defective products

In cases where he considers that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within the legally established period of two months through our contact form, indicating the details of the product as well as the damage suffered, or by contacting us on the number 219 257 910, and we will indicate what to do.

You can return the product at the Company's headquarters in Portugal, and you must present the order confirmation in digital format on your mobile device or deliver a printout of the order confirmation, or by delivering it to a courier, at your home, sent by us, accompanied by of a printout of the order confirmation, being subsequently refunded the corresponding amount.

As legally established, instead of canceling the contract (and consequent return of the good and refund), you may also choose to replace the product, or for an adequate price reduction.

The refund of the price, replacement of the product, or adequate reduction of the price paid for the item must take place as soon as possible and, in any case, within 30 days.

The amounts paid for products returned for any damage or defects will be refunded in full, including the delivery costs incurred in sending the item and the costs incurred in returning them. Returns must be made using the same payment method used to pay for the purchase.

All rights recognized by the law in force will be safeguarded.

13. INTELLECTUAL PROPERTY

The customer acknowledges and consents that all copyright, trademark and other intellectual property rights over the materials or contents that are provided as part of the website are, at any time, ours or those of those who granted us the license to its use. The customer 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. This does not prevent you from using this website to, as necessary, copy information relating to your order or contract data.

14. 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 gain unauthorized access to this website, the server on which this website is located or any server, computer or database related to our website. You agree not to attack this website via a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause may result in the commission of offenses typified by the applicable legislation. We will inform the competent authorities of any breach of said legislation and will cooperate with them to discover the identity of the attacker. In the event of non-compliance with this clause, you will also cease to be authorized to use this website.

We will not be responsible for any data or losses 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 the use of this website or the download of contents from it or the contents to which it redirects.

15. 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 and we have no control over the content of those pages or materials. Therefore, we will not accept any liability for damage or loss due to its use.

16. WRITTEN COMMUNICATION

Applicable law requires that some of the information or notices we send you be in writing. By using this website, the customer accepts that most notifications with us are electronic. We will contact the customer by email or provide information through notices placed 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 electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.

17. NOTIFICATIONS

 Customer notifications should preferably be sent through our contact form. In accordance with the provisions of Clause 16 above and unless otherwise indicated, we will send you notifications by email or to the postal address provided when you placed your order.

Notifications will be deemed to have been received, and correctly carried out, at the same time that the customer enters our website, 24 hours after sending an email or three days after the franking date of any letter. To prove that the notification was made, it will be enough to prove, in the case of a letter, that the address was correct, that it was correctly stamped and that it was duly delivered at the post office or in a mailbox and, in the case of an email, that it has been sent to the email address specified by the recipient

18. TRANSFER OF RIGHTS AND OBLIGATIONS

 The commitment of the contract is valid for you and for us, as well as our respective successors, people who benefited from transfers made by us and heirs. You may not transmit, waive, embargo or in any other way transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.

All transmissions of our contractual position, rights or obligations under this contract will also be subject to your prior consent. For the avoidance of doubt, such transmissions, assignments, embargoes or other transfers must not affect the rights that, as applicable, you have as a consumer recognized by law or that cancel, reduce or limit in any way the express and implied guarantees that we give you we may have given.

19. FORCE MAJEURE REASONS

 We will not be liable for any breach or delay of any of the obligations assumed by us under a Contract which is caused by events beyond our control (Force Majeure).

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:

1. General strike, or other forms of protest that significantly affect the country.
2. Public nuisance, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster
4. Inability to use trains, boats, aircraft, motor transport or other means of transport, public or private.
5. Inability to use public or private telecommunications systems

It will be considered that our obligations under the Contracts are suspended during 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 for Force Majeure. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will allow us to perform our obligations under the Contract despite the Force Majeure Event.

20. WAIVER RIGHTS

The absence of demand on our part for the strict fulfillment 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 under that Contract or Conditions will not waive or limit any such rights or actions, nor will it release the customer from performing its obligations.

No waiver by us of a concrete right or action shall imply a waiver of our rights or actions arising from the Contract or the Conditions.

No waiver on our part of any of these Conditions or the rights or actions derived from the Contract will be effective, unless it is expressly established that it is a waiver, formalized and communicated to the customer, in writing, in accordance with the provisions of clause 19 above.

21. PARTIAL CANCELLATION

If any of these Conditions or any provision of a Contract are declared null and void, by firm resolution on the part of a competent authority, the remaining terms and conditions remain in force, without being affected by this declaration of nullity.

22. SINGLE AGREEMENT

 These Conditions and all documents to which express reference is made constitute the entire agreement existing between us and the customer, regarding the object of the Contract, and replace any other pact, agreement or promise previously established between us and the customer, verbally or by written.

We and the customer acknowledge that we have consented to the conclusion of the Contract 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 Contract, except for what is expressly mentioned in the present Conditions.

23. 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.

24. COMMENTS AND SUGGESTIONS

 Your comments and suggestions are always welcome. We kindly ask you to send comments and suggestions to our contact form.

25. ALTERNATIVE DISPUTE RESOLUTION

 In this sense, if the transaction has been completed through our website, we inform you – in accordance with EU Regulation No. online dispute resolution electronic mailing address http://ec.europa.eu/consumers/odr/.

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, via the website www.consumidor.pt.