WELCOME TO BRASÃO ROSA

Terms and Conditions

1. INTRODUCTION
 

This document (together with the documents attached) sets out the conditions governing the use of this web page and the purchase of products made on it (hereinafter the “Conditions”).

We ask you to carefully review the conditions, our cookie policies and our privacy policy before using this web page. By using this web page or placing an order on it, you are aware that you must comply with these conditions and our privacy policies. If you do not agree to all of the conditions and privacy policies, you should not use this site.

These conditions may change. You are responsible for reading them regularly, as the conditions in effect at the time of using the web page or entering the contract (as defined below) are those deemed applicable.

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

The contract can be formalized in any language in which the Conditions are available on this web page.
 

2. OUR DATA 
 

This web page is run by the company BRASÃO ROSA, LDA, a limited company, with headquarters at Rua Sebastião e Silva 67/69, 2745-838, Massamá, registered in the Commercial Registry Office of Sintra under number 509 706 738, which is also the identification number of the collective entity, with a capital stock of 100.000.00 (one hundred thousand euros).

 

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE 
 

The information or data provided by the customer will be treated according to the Privacy Policy. By using this web page, the customer accepts the treatment of information and data and declares that all information or data you provide is true and accurate.

 

4. USE OF OUR WEB PAGE 
 

By using our web page and/or placing orders on it, you agree to:

  • Use this web page only for legally valid inquiries or orders.
  • Do not place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we will be authorized to cancel it and inform the authorities
  • Provide your email, postal address and/or other contact information truthfully. You also consent to the use of the information you provide to contact you (if required, please see 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 on this web page, you declare that you are over 18 years old and have the legal capacity to enter into contracts.

 

5. CONCLUSION OF THE CONTRACT 
 

To place an order, you must follow the online ordering procedure and click “Authorize Payment”. Before doing so, you must read and accept these Conditions of Purchase. By doing so, you are entering into a contract of sale with us (the “Contract”). You will then receive an email from us indicating that we have received your order (the “Customer Order Acknowledgment”).

You will receive an email from an employee of the Company with the payment details and changes to the order conditions (if applicable) (“Company's Order Confirmation”).

 

6. PRODUCT AVAILABILITY 
 

All orders for products are subject to available stock. Thus, 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 about such unavailability.

 

7. DELIVERY 
 

Without affecting Clause 6 regarding availability of products, and unless extraordinary circumstances arise, we will attempt to ship the order for the products referred to in each Order Confirmation by the Company upon confirmation of payment; or, if no delivery date has been specified, within 30 days after the Order Confirmation date.

 Delays may still occur due to one of the reasons below:

  • personalization of the products;
  • specialized articles;
  • unforeseen circumstances; or
  • problems in the delivery zone

If we cannot meet the delivery date for reasons beyond our responsibility, we will inform you of this and give you the option to continue with your purchase, set a new delivery date or cancel the order with a full refund of the amount paid. This does not affect your other rights under applicable law. In any case, we do not deliver on Saturdays and Sundays.

Under these conditions, “delivery” is made or the order is “delivered” when you or a third party indicated by you physically have the products in your possession, something that is evidenced by signing the order receipt at the indicated delivery address.

 

8. IMPOSSIBILITY OF DELIVERY 
 

If it is impossible to deliver your order, we will send you a note telling you where your order is and what you can do to have it delivered again. If you will not be at the delivery location at the scheduled time, you should contact us so that we can arrange delivery on another day.

If the product is not delivered on time, you may have to pay for the costs of storing the products and for further delivery attempts.

 

9.  TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS 
 

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

You will become the owner of the products when we receive full payment of the charges, including shipping, or upon delivery (as defined in Clause 7), if later.

 

10. PRICE AND PAYMENT
 

The price of each product is the price always indicated on our web page, except in the case of obvious error. Although we try to ensure that all prices on the page are correct, errors may occur. If we detect an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be cancelled, and you will be refunded the amount paid.

We are not obliged to give you any product with an incorrect lower price (even if we have sent you the Shipping Confirmation), if the error in the price is obvious and unmistakable, and it has been reasonably recognized as incorrect by you.

The prices on this web page do not include VAT or shipping costs, which will be added to the total amount, according to our shipping policies.

Prices may be changed at any time, but, except for the terms defined above, possible changes will not affect orders for which we have already sent an Order Confirmation.

Once you have completed your shopping, all the items you wish 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 to pay. To do this, you should follow the steps of the purchasing process by completing or verifying the information requested at each step.

In addition, during the purchasing process, before payment, the customer can change his order data. The user has access to the detailed description of the purchasing process in the Purchasing Guide. If you are an already registered user, the “My Account” area has a record of all orders placed by you. You can pay by bank transfer.

 

11. VALUE ADDED TAX 
 

 All purchases on this web page are subject to the current Portuguese Value Added Tax (VAT) rate.

 

12. EXCHANGE POLICY

 12.1 Right of free termination of the contract 
 

According to the applicable regulations if you are contracting as a consumer, you have the legally enshrined right to cancel the contract within 14 days of its conclusion without giving any reason.

The free withdrawal period shall 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 a separately delivered order, 14 days from the day on which the customer (or the third party indicated by you) physically purchased the last product. To exercise the right to freely withdraw from the contract, you may contact us by phone 219 257 910, at geral@brasaorosa.pt, communicating your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or by email). The customer may use the attached model withdrawal form. However, the consumer may exercise the right of free withdrawal by any means, it is not mandatory to use any of these means.

To comply with the free contract termination period, you only need to communicate your termination decision before the contract termination period expires.

Effects of contract termination

If you terminate the Agreement, we will refund to you the amount you paid for the products, including the costs of delivery to the original place of delivery (except for any extra costs, which are a consequence of your failure to return the products using any of the free methods referred to in Clause 12.3 et seq, see Terms and Services) without delay, and provided that we do not exceed 14 days from the day on which you were informed of your decision to terminate this Agreement. We will make the refund using the same payment method that you used for the original transaction. In any case, you will not pay any fee arising from the refund. Notwithstanding the above, we may withhold the refund until we receive the products or until you provide evidence that you have returned them.

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

Except when the customer delivers the products to the company's headquarters in Portugal or returns the products via a carrier chosen by us, the customer must bear the return costs.

The customer is only responsible for a possible decrease in the value of the goods as a consequence of delivery, not for assessing the nature, characteristics, and function of the products.

After the order is delivered, if the client chooses to exercise the right to rescind the contract and make the return through a carrier chosen by him/her and not by Brasão Rosa, we cannot assume the risks of returning the package when the causes cannot be imputed to Brasão Rosa.

Likewise, the customer is responsible for the contents of the return package when choosing a return method provided by Brasão Rosa. If there is an error in the contents of the return package that is not the responsibility of Brasão Rosa, we have the right to charge the costs of the return to the client, if applicable.

All rights referred to in the law in force will be safeguarded.

12.2 Contractual right to return the goods 
 

In addition to the legally recognized right of free termination of the contract for consumers referred to in clause 12.1 above, we will give you a period of 30 days from the date of confirmation of dispatch of the products to return the products (except for those referred to in clause 12.3 below, where the right to return the products is excluded). You will be responsible for the direct costs of returning the goods if you do not return the goods to us at our registered office in Portugal or if you do not return the goods via a carrier of our choice.

The Customer may exercise its right to return the products under the terms provided in clause 12.1 above, which concerns the exercise of the right of free termination of the contract. But the Customer must inform us of his decision to return the products and must deliver the products to us within 30 days from the confirmation of shipment. In case of return of the products by the client, he/she will have to return the items to ensure that they are received by Brasão Rosa within 30 days from the date of shipment confirmation.
 

12.3 Conditions for exercising the contractual right to return the products 
 

The customer does not have the contractual right to return the products provided in clause 1.2 regarding the products below:

  • Customized Articles
  • Sealed products that are not fit to be returned for hygiene reasons and have been opened

The contractual right to return products can only be applied to products that can be returned in the same condition as when the customer received them. No refund will be made if the product has been used after simply opening the packaging or if it has been damaged; therefore, the customer must be careful with the products while they are in your possession. Return the item using or including the original packaging. You must also include all product instructions, labels, documents and packaging.

Upon return, the 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, along with the product, the e-ticket attached in the email with the order confirmation, which can be presented digitally through your mobile device or in printed form.
  • (ii) Returns via carrier: when returning product(s) via a carrier of our choosing, you must contact us at geral@brasaorosa.pt or 219 257 910 to have the product(s) delivered to the original place of delivery.

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

 

If you do not want to return the products using the free options available, you will be responsible for the return costs. If you decide to return the items to via cash on delivery, we are authorized to charge you for these costs.

After examining the item, we will inform you whether you are entitled to a refund of the amounts paid. The delivery costs will be refunded when the contractual right to return the goods is exercised within the contractually defined period and all goods are returned. The return will be made as soon as possible and, in any case, within 14 days from the date on which you notified us of your intention to return the products. Notwithstanding the above, we may withhold the return until we receive the products back or until you show proof that you have sent the products. Returns will always be made by the same method of payment that you used to pay for the purchase.

If you have any questions, please contact us via our email geral@brasaorosa.pt or phone 219 257 910.

Notwithstanding the limitations on the contractual right to return goods provided in clause 12.2, this clause shall not apply to the exercise of the consumer's legally granted right to freely withdraw from the contract, in particular with regard to the limitation of the powers of inspection and handling of goods.
 

12.4 Defective Products

When you consider that, upon delivery, the product does not comply with the provisions of the contract, you must contact us within the legally prescribed period of two months via our contact form, quoting the details of the product as well as the damage suffered, or by calling us on 219 257 910. We will indicate what the customer should do.

You can return the product to the company's headquarters in Portugal. To do this, you must either present the order confirmation in digital form on your mobile device or hand in a printout of the order confirmation. Or you can hand the product over to a carrier sent by us to your home, along with a printout of the order confirmation. You will then receive a refund of the corresponding amount.

As legally established, instead of canceling the contract (and subsequent return of the good and refund), you can also opt for product replacement or appropriate price reduction.

Refund of the price, replacement of the product, or appropriate reduction of the price paid for the item must happen as soon as possible and in any case within 30 days.

Amounts paid for products returned for any damage or defects will be refunded in full, including delivery costs incurred in shipping the item and the cost of the return. The return must be made using the same payment method used to pay for the purchase.

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

 

13. INTELLECTUAL PROPERTY 


You acknowledge and consent that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the web page are at all times ours or licensors'. You may use such material only as expressly authorized by us or the licensor. This does not prevent you from using this web page to copy information relating to your order or Contract data as necessary.

 

14. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS 
 

You must not misuse this web page by intentionally introducing viruses, Trojans, logic bombs or any other technologically harmful or damaging material. You must not have unauthorized access to this web page, the server on which this web page is located, or any server, computer or database related to our web page. You agree not to attack this web page via a denial-of-service attack or a distributed denial-of service attack.

Failure to comply with this clause may indicate the commission of offenses contemplated by applicable law. We will inform the relevant authorities of any non-compliance with such legislation, and we will cooperate with them to discover the identity of the attacker. If you fail to comply with this clause, you will no longer be authorized to use this web page.

We shall not be liable for any data or losses arising from a denial-of-service attack, viruses or any other technologically harmful or damaging programs or material that may affect your computer equipment, data or materials, arising out of the use of this web page or the downloading of content from it, or content to which the page redirects.

 

15. LINKS FROM OUR WEB PAGE 
 

If our web page contains links to other web pages and materials of third parties, these links are provided for information purposes only and we have no control over the content of those pages or materials. We therefore accept no liability for any damage or loss due to their use.

 

16. WRITTEN COMMUNICATION 
 

Applicable law requires that some of the information or notices we send you must be in writing. By using this web page, you agree that most notifications to us will be made electronically. We will contact you by e-mail or provide you with information by means of notices placed on this web page. For contractual purposes, you agree to use this electronic means of communication and you acknowledge that all contracts, notices, information and other notifications sent electronically satisfy the legal requirement that these notifications be in writing. This condition will not affect your rights as recognized by law.
 

17. NOTIFICATIONS
 

Customer notifications should preferably be sent via our contact form. Pursuant to Clause 16, and unless otherwise specified, we will send you notices by email or to the postal address you provided when you placed your order.

We will consider that notifications have been received and correctly made when the customer enters our web page 24 hours after sending an email or three days after the postage date of any letter. To prove that notification has been made, it will be sufficient, in the case of a letter, that the address is correct, that it is correctly sealed and that it has been delivered to the post office or to a PO Box; in the case of an email, it must have been sent to the email address specified by the recipient.

 

18. TRANSFER OF RIGHTS AND OBLIGATIONS 
 

The contract applies to you and us as well as to our respective successors, persons benefiting from transfers made by us and heirs. You may not assign, reject, set aside, or otherwise transfer a contract or any of the rights or obligations under it without our prior written consent.

Any transfer of our contractual position, rights or obligations under this contract shall also be subject to your prior consent. For the avoidance of doubt, these transfers, assignments, assignments, embargoes or other transfers shall not affect your statutory rights as a consumer or cancel, diminish or limit in any way the express or implied warranties that we may have given you.

 

19. FORCE MAJEURE REASONS 
 

We will not be liable for any failure to perform, or delay in performing, any of our obligations under an Agreement that is beyond our control (Force Majeure Reasons).

  The concept of Force Majeure shall include any act, event, failure to perform, omission or accident beyond our control, including but not limited to:

  1. General strike, or other forms of protest that significantly affect the country.
  2. Public disturbances, riots, invasion, terrorist attack or threat, war (declared or undeclared) 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, motorized transport, or other means of transportation, whether public or private.
  5. Inability to use public or private telecommunications systems.

Our obligations under the Contracts will be suspended during the period where Force Majeure is in force and we will benefit from an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to terminate the Force Majeure or to find a solution to enable us to perform our Contractual obligations despite the Force Majeure.

 

20. WAIVER RIGHTS 
 

If we do not require strict performance by you of any of your obligations under an Agreement or these Conditions, or your failure on our part to comply with any rights or actions contemplated in such Agreement or Conditions, this shall not constitute a waiver or any limitation on those rights or actions, nor shall it relieve you from compliance with your obligations.

No waiver by us of a particular right or action shall imply a waiver of our rights or actions contemplated by the Contract or the Conditions.

No waiver by us of any of the Conditions or the rights or actions contemplated by the Agreement shall be effective unless expressly stated to be a waiver, formalized and communicated to you in writing in accordance with clause 19 above.

 

21. PARTIAL ANNULMENT 
 

If any of the Conditions or any provision of a Contract is declared null and void by termination by a competent authority, the other terms and conditions shall continue in force unaffected by such declaration of nullity.

 

22. SINGLE AGREEMENT 
 

These Conditions and all documents expressly referring to them constitute the entire agreement existing between you and us with respect to the subject matter of the Agreement, and supersede any other covenant, agreement or promise previously made between you and us, whether oral or in writing.

We and you acknowledge our agreement to enter into the Contract without having relied on any statement or promise made by the other party, or which might interfere with any written statement in the negotiations of both parties prior to this Contract, except as expressly stated in the Conditions.

 

23. APPLICABLE LAW AND JURISDICTION 
 

The use of our web page 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 ask you to send your comments and suggestions through our contact form.

 

25. ALTERNATIVE DISPUTE RESOLUTION

Therefore, if the transaction has been concluded through our web page, we inform you - according to EU Regulation No. 524/2013 - that you can try to settle any dispute out of court by accessing the electronic online dispute resolution platform using the email address http://ec.europa.eu/consumers/odr/.

You can consult the updated list of Alternative Dispute Resolution Entities available, in accordance with article 17 of Law no. 144/2015, of September 8, on Portal do Consumidor, through the electronic website www.consumidor.pt.

 

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