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TERMS & CONDITIONS
OBJECT
This document (hereinafter, simply "Terms and Conditions") regulates the general terms and conditions of use of the website you have just accessed, owned by VISÍVEL & INVISÍVEL, LDA., as well as the terms and conditions of purchase and sale of the products marketed through the respective online store, hereinafter, simply referred to as the website and online store.
GENERAL INFORMATION
- Identification of the owner of the website and supplier of the products:
1.1. The owner of the website and supplier of the products sold in the online store is VISÍVEL & INVISÍVEL, LDA., with registered office at Avenida Fontes Pereira de Melo, nº 47, Letra C, 1050-120 Lisbon, Portugal, and with NIPC 509159923, hereinafter referred to as "DAMA DE COPAS".
1.2. Contact information:
E-mail: dama@damadecopas.pt;
Telephone: + 351 210 993 859 (Call to the national fixed network). - When using our website
2.1. The use of the website, whether through simple navigation or through the establishment of a commercial relationship with DAMA DE COPAS through its online store, confers the condition of User and implies the acceptance, full and without reservation, of all the provisions included in these Terms and Conditions as well as in the Privacy Policy, in force at each time you access the website.
2.2. These Terms and Conditions are applicable to all Users of the website, including, without limitation, visitors, customers and others not specifically identified.
2.3. The contractual proposal regarding the purchase and sale of the products marketed by DAMA DE COPAS in the online store is addressed only to persons of legal age with full capacity and who, therefore, can be responsible for the commitments resulting from the purchase and sale of the products marketed by DAMA DE COPAS.
2.4. If the User does not agree with these Terms and Conditions, in their entirety, they should not access the website or the features and services associated with it, namely the online store. In particular, the making of any and all purchases through the online store depends on the acceptance of these Terms and Conditions, so if the User does not accept them, they will not be able to make purchases through it.
2.5. By accepting these Terms and Conditions, you do so on behalf of yourself and/or the organization you represent (if applicable). By placing orders through our online store, the User declares to be over 18 years of age, guaranteeing that he/she has full legal capacity for the acts he/she performs and the necessary powers to carry out such acceptance. Furthermore, by accepting these Terms and Conditions, the User expressly declares that he/she will not use the website and the features and services associated with its use, for any illegal and/or illicit purposes.
2.6. DAMA DE COPAS reserves the right to change these Terms and Conditions at any time and without prior notice, so the User should consult the Terms and Conditions before each use of the website and the associated features and services, in particular, before each use of the online store.
2.7. Without prejudice to the provisions of the previous paragraph, any changes to the Terms and Conditions after the confirmation of any order do not bind the User in relation to such order. The Terms and Conditions in force on the date of confirmation of each order will apply.
2.8. DAMA DE COPAS guarantees the security of the account within the expected and appropriate security measures for platforms such as the website and its online store.
2.9. DAMA DE COPAS is not responsible for damages resulting from interferences, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
2.10. Under no circumstances may DAMA DE COPAS and/or its representatives and employees be held liable for any damages that may arise, even accidentally, from the malfunction of the website, in any way and for whatever time such malfunction is prolonged, or for any damages caused by reproduction, use or exploitation.
2.11. The violation of the provisions of these Terms and Conditions by the User constitutes grounds for its termination by DAMA DE COPAS. In any case, the violation of the provisions of these Terms and Conditions by the User and regardless of whether or not it is resolved, always entitles DAMA DE COPAS to be compensated for all damages arising therefrom. In addition, DAMA DE COPAS reserves the right, at its discretion, to terminate the use of the website and its features and services by the User in question, with or without notice to the User. - Customer Registration on the website
3.1. Mere access to the website is not subject to registration. However, in order to enjoy all the features and services of the website, the User must register as a customer.
3.2. Registration on the website is carried out by creating a User account, filling in the form with the requested data.
3.3. The User is responsible for the veracity, completeness and lawfulness of the data provided, both at the time of registration and for the purpose of making purchases in the online store, as well as for its updating. In these terms, the User shall be solely and exclusively responsible for any false or inaccurate statements made and, consequently, for compensating DAMA DE COPAS for all losses that it suffers as a result of non-compliance with this provision.
3.4. All content included in the User's account, as well as all the activity that takes place therein, is the responsibility of the User, and there is no obligation on the part of DAMA DE COPAS to monitor the content or the (non)compliance with any responsibilities of the User, namely compliance with obligations to other Users or to national authorities.
3.5. DAMA DE COPAS does not have access to or knowledge of the password set by the User for the purpose of accessing the website, and it is the User's responsibility to ensure the confidentiality of the password and ensure its safekeeping and proper use, as well as to comply with good practices regarding the security of their account (in particular, by changing the password regularly and avoiding connections through networks open to the public). As such, DAMA DE COPAS cannot be held liable for damages arising from the loss or misuse of the password defined by the User.
PRODUCTS AND PURCHASE PROCESS - Products’ characteristics
4.1. The website offers a wide range of products for purchase through the online store.
4.2. All these products are illustrated with photographs and with an indication of their essential characteristics and are available, without distinction, for purchase by Consumers or Professionals.
4.3. DAMA DE COPAS has made every effort to ensure that the information presented on the website and in the respective online store is free of typographical errors and, whenever these occur, DAMA DE COPAS will proceed as soon as possible to correct them. Likewise, DAMA DE COPAS will make its best efforts to keep up to date the information regarding the products contained on the website and in the respective online store.
4.4. At any time, DAMA DE COPAS may change, delete or move any information on the website and in the respective online store, without prior notice, namely those relating to products, prices, promotions, offers, commercial conditions and services.
4.5. The User hereby expressly accepts and agrees to the following:
a) The photographs presented on the website are for illustrative purposes only, and the User must carefully and fully read the information on the essential characteristics of the products described on the website. If in doubt, please contact DAMA DE COPAS for any additional information;
b) All products for sale on the website are subject to existing stock, without prejudice to the fact that DAMA DE COPAS strives to present updated information regarding the availability of products;
c) DAMA DE COPAS will not assume responsibility for any discontinued items;
d) The prices and products available on the website are only valid for commercial transactions carried out through the online store.
4.6. DAMA DE COPAS is not responsible for any consequences resulting from failure to consult the product information and its instructions for use or any other warnings provided.
5. Products’ price
5.1. The price of each of the products sold by DAMA DE COPAS is duly indicated on the website, in Euros, including VAT at the legal rate in force.
5.2. The price of each of the products marketed by DAMA DE COPAS and indicated on the website, does not include the costs of transporting the products for delivery to the User, costs that vary according to the desired mode of delivery and that can be consulted in point 6.2.4.
5.3. The transport costs of the products and, where applicable, the products exempt from transport costs, will be presented to the User at the time immediately prior to the Order Confirmation by the User.
5.4. Although DAMA DE COPAS tries to ensure that all prices displayed on the website are correct, errors may occur. If DAMA DE COPAS detects an error in the price of any of the products that the User has ordered, it will inform the User as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If DAMA DE COPAS is unable, for any reason, to contact the User, the order will then be cancelled and the amount already paid will be fully refunded.
5.5. The price of the products is subject to change by DAMA DE COPAS, without prior notice, until the moment of Order Confirmation by the User.
6. Products purchase – process and sale conditions
6.1. Selection of products and shopping cart – Step 1
6.1.1. The products that the User wishes to purchase must be included in the shopping cart, indicating the number of units desired.
6.1.2. The items for sale are subject to existing stock, and DAMA DE COPAS is not obliged to sell any product that is not available in stock.
6.1.3. Once the desired products have been selected, the User must select the "CHECKOUT" option, and then proceed to log in, create a new registration if they are not yet registered.
6.2. Billing, Payment and Delivery data – Step 2
6.2.1. For the purpose of finalizing the order, the User must enter the personal data requested.
6.2.2. The User must enter the delivery and billing details. You must also select the respective mode of delivery: - Home delivery.
6.2.3. The User will, at that time, be informed of the price to be paid for postage for their order, as well as of the foreseeable deadlines, in working days, for the shipment and delivery of the products to the User.
6.2.4. After the orders are shipped, a notification is sent to the User via email. If for any reason the customer does not receive the shipment confirmation within a reasonable time, they should contact DAMA DE COPAS.
6.2.5. Next, the User must choose the payment method, having the following options available:
- SIBS - Credit Card and ATM;
- PayPal;
- Mbway.
6.2.6. Before Confirming the Order, the User undertakes to check the data contained in their order summary, confirming the User's data, the products selected in the shopping cart, their delivery method and payment method, and must go back to the previous steps in order to rectify them if they detect any non-conformity.
6.2.7. Before finalizing the order, the User must read the "Terms and Conditions" by inserting the agreement symbol in the box available, only if they accept them. Acceptance of the "Terms and Conditions" is an absolute requirement for the continuation of the operation. The User must immediately print and archive the Terms and Conditions for future reference.
6.3. Order confirmation and contract – Step 3
6.3.1. After completing the previous steps and with the reading and confirmation of acceptance of these Terms and Conditions and the Privacy Notice, the User will be able to finalize their order.
6.3.2. By confirming the order, the User enters into a purchase and sale contract with DAMA DE COPAS, expressing his/her full and complete acceptance of the description of the products contemplated in the transaction, their prices and these Terms and Conditions, which contain the only applicable provisions between the User and DAMA DE COPAS.
6.3.3. After Order Confirmation by the User, he/she will receive an email confirming that his/her order has been received by DAMA DE COPAS (Order Confirmation email). This email will contain a summary of the information about the order placed, including the name/reference of the product, the total price of the product, the chosen shipping option and associated shipping costs, as well as the payment method selected by the User and its deadline (if you have not opted for automatic payment via Credit Card, for example). If any data is not correct, the User must immediately request its change to DAMA DE COPAS.
6.3.4. If the delivery destination of the orders is outside Portugal, the means of transport for sending them will be the one defined by Dama De Copas.
6.3.5. Once the total price of the products has been paid, the invoice will be issued and cannot be reissued with changes. The User may download their invoice by accessing their customer area on the website.
6.3.6. With the Order Confirmation by the User, accompanied by the subsequent full payment of the total price of the products, the contract for the purchase and sale of the products is formalized, and its effectiveness, however, depends on the availability in stock of the products, in accordance with the provisions of the following numbers.
6.3.7. All orders for products in the online store will be subject to their availability in stock. DAMA DE COPAS is not obliged to supply products that are unavailable, so if the products ordered are not available in stock, DAMA DE COPAS will inform the User immediately after becoming aware of such unavailability and will act in accordance with the provisions of the following numbers.
6.3.8. In the event of a temporary unavailability of any of the products in stock, making it impossible to deliver them within the agreed deadlines, DAMA DE COPAS will contact the User seeking to agree with him one of the following options:
i) A new delivery time, and the order will only proceed after consent given by the User (via email),
ii) The supply of a product of equivalent quality and price, if any, in which case the order will only proceed after consent given by the User (via email), or
iii) The cancellation of the order for the missing products, with the corresponding refund of the amounts paid by the User, within a maximum period of 30 (thirty) days after the communication of the cancellation.
7. Delivery of products and respective deadlines
7.1. Once the purchase and sale contract has been formalized, the full payment of the total price of the products has been made, and on the condition that the purchased products are available, all under the terms provided for in the previous clauses, DAMA DE COPAS will send the products according to the delivery option selected by the User.
7.2. Notwithstanding the deadlines foreseen, delays may occur for any of the following reasons, not attributable to DAMA DE COPAS, and which therefore will not confer on the User any right to compensation:
a) Delays on the part of the carrier;
b) Difficulties in delivery to the recipient;
c) Local holidays.
7.3. The User must ensure that someone is present at the delivery address of the products.
7.4. DAMA DE COPAS declines any responsibility for any delay or impossibility of delivery of the order, resulting from acts for which it is not responsible.
7.5. The deadline for the delivery of the ordered products is 30 days, counting from the day following the confirmation of payment of the total price of the products.
7.6. For the purposes of these Terms and Conditions, a "delivery" is deemed to have been made or a product is deemed to have been "delivered" with the signature of the delivery receipt at the agreed address.
7.7. The exchange policy of DAMA DE COPAS is available on the website.
PRODUCTS’ WARRANTY
8. Products’ conformity warranty
8.1. DAMA DE COPAS is responsible for any lack of conformity of the products that exists at the time they are delivered to the User.
8.2. The products do not comply with the purchase and sale contract when any of the following facts occur:
a) When the products do not conform to the description made of them by DAMA DE COPAS on its website or do not have the qualities that DAMA DE COPAS has presented to the User as a sample or model;
b) When the products are not suitable for the specific use for which the User intended, and of which the User has informed DAMA DE COPAS when he entered into the contract and which the latter has accepted;
c) where the products are not suitable for the usual uses of goods of the same type;
d) When the products do not have the qualities and performance that are customary in goods of the same type and that the User may reasonably expect, taking into account the nature of the goods and, where appropriate, the public declarations about their specific characteristics, made by DAMA DE COPAS or by the brand, namely in advertising or labelling.
8.3 Under the terms of Consumer Law, the general warranty period for products is 3 (three) years for new products, from the date of delivery of the products to the User.
8.4 In sales to professionals, DAMA DE COPAS is also responsible for any defect in the products that exists at the time they are delivered to the User, with a warranty period of 6 (six) months from the date of delivery of the products to the User.
9. Warranty Exclusions
9.1. There shall be no lack of conformity or defects in the products within the meaning of applicable law if, at the time the contract is concluded, the User is aware of such lack of conformity or defects or cannot reasonably have been unaware of them.
9.2. It is also not considered that there is a lack of conformity or defects in the products, the occurrence of vices or defects for which DAMA DE COPAS is not responsible, namely when they arise from the following situations:
a) Failure to use and/or store the products carefully, diligently and/or as indicated;
b) The use of the products for a purpose other than that for which they are intended;
c) The production of the products according to the customer's requests and specific characteristics by indicated (customization);
d) Normal use/consumption of the products;
e) Modification or alteration of the products.
10. Proceeding
10.1. If the purchased product does not conform or suffers from any defect, the User must communicate the situation to DAMA DE COPAS by sending an email to followup@damadecopas.pt . In the email in question, the User must identify himself/herself, identify the order number, present the respective invoice, describe the non-conformity of the product, and send photographs alluding to the non-conformity, for evaluation by DAMA DE COPAS which will later give more information to the User about the shipment/collection of the product, if necessary.
10.2. In the event of non-compliance under the responsibility of DAMA DE COPAS, and taking into account the type of products sold in our online store, the User is entitled, in this order, to one of the following options:
a) Replacement of the product with another of identical characteristics or replacement of the product with another of the same value;
b) Termination of Agreement.
10.3. The costs of returning or collecting the products under warranty will be borne by DAMA DE COPAS whenever it is concluded that the non-conformity in question is covered by the warranty period.
CONTRACT TERMINATION
11. Free Contract Termination - Right of withdrawal
11.1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of 31 July, with subsequent changes.
11.2. The User has the right to freely terminate this contract within 14 calendar days, without the need to give any reason. The time limit for exercising the right of withdrawal expires within 14 days from:
a) From the day on which the User or a third party indicated by the User (with the exception of the carrier), acquires physical possession of the product; or
b) From the day on which the User or a third party, other than the carrier, indicated by the User, acquires physical possession of the last product, in the case of several goods ordered by the User in a single order and delivered separately.
11.3. The right of free withdrawal may be exercised by the User for all the products purchased or only for some of the products included in an order.
11.4. To this end, the User must fill in the "Free Withdrawal" form suggested below, or send a written and unequivocal communication of his/her decision to terminate, and may do so by registered letter to the address of DAMA DE COPAS, located at Avenida Fontes Pereira de Melo 47C, 1050-120 Lisboa, or by email to the email address of DAMA DE COPAS: followup@damadecopas.pt . If the User makes use of the latter means, DAMA DE COPAS will send the User, by email, an acknowledgment of receipt of the request for termination, within 24 hours.
Form
FREE RESOLUTION FORM TEMPLATE
(MUST FILL OUT AND RETURN THIS FORM ONLY IF YOU WANT TO TERMINATE THE AGREEMENT)
Company Name | Contributor | Telephone General |Fax:
Address: | Email
Client name:
Customer address:
Customer phone number:
Customer Email:
I hereby inform you that I terminate our purchase and sale agreement relating to:
Product:
Reference:
Order No.:
Ordered on ____/____/_____.
Received in ____/____/_____.
Signature of the consumer (only if this form is served on paper):
__________________________________________________________________________________
Place: ___________________. Date ____/____/_____.
11.5. In order for the withdrawal period to be respected, it is sufficient that the communication regarding the exercise of the free right of withdrawal is sent before the expiry of the withdrawal period provided for in paragraph 2 of this Clause.
12. Parties’ obligations resulting from the User’s exercise of free termination’s right
12.1. When the products have already been delivered to the User, the User must, within 14 days from the date on which he/she has communicated his/her decision to terminate the contract to DAMA DE COPAS, return the products to DAMA DE COPAS, and he/she shall bear the costs arising from the return and exchange of products, namely the shipping costs, Payment method fees (credit card, ATM, Pay Pal, MB Way, cash on delivery).
12.2. In the event of termination of this contract, before the order is received by the User, the payments made by the User will be refunded, except for the costs arising from the return and exchange of products, namely shipping costs, fees for payment methods (credit card, ATM, Pay Pal, MB Way, cash on delivery).
12.3. DAMA DE COPAS reserves the right to withhold the refund of the amounts paid by the User until the products are returned to him.
12.4. The refund will be made using the same means of payment used in the initial transaction, unless otherwise expressly agreed by the User.
12.5. The User must keep the products in such a way as to be able to return them in the proper conditions, in their complete original packaging, and always accompanied by the respective original cash receipt or invoice.
12.6. The contractual right to return the products applies only to products that can be returned in the same condition in which the User received them. Any product that has been damaged or that shows signs of use beyond the simple opening of the outer packaging of the same, namely because the respective labels have been removed/cut or any security seals have been violated, DAMA DE COPAS may reject the refund.
12.7. If the above conditions are not met, the return will be rejected, and an email will be sent to the User stating the respective reasons. In this case, the User will have the option to request the reshipment of the products not accepted for return, and the reshipment costs will be borne by the latter.
FINAL DISPOSITIONS
13. Intellectual Property
13.1. DAMA DE COPAS is the owner of all intellectual property rights over the website.
13.2. The User acknowledges and accepts that the contents made available by DAMA DE COPAS through the website, namely, texts, images, trademarks, logos, source codes, are protected by intellectual property legislation, namely by copyright and industrial property rights, and that their property or license is owned by DAMA DE COPAS and/or its suppliers or licensors and cannot be copied, imitated or used, in whole or in part, without the prior written permission of DAMA DE COPAS or the holder of the applicable intellectual property rights.
13.3. The User undertakes not to make any abusive use of such content, and not to copy, disseminate or use such content in any way, as well as not to use software tools to collect protected content, namely, robots, crawlers or other automatic mechanisms.
13.4. The User undertakes not to copy, translate, disassemble or decompile, or create or attempt to create, by reverse engineering or otherwise, the source code and object code of the Platform, as well as third-party tools and applications and the software associated with the operation of the Platform, nor will you remove any confidentiality or intellectual property notices.
13.5. The User undertakes to fully reimburse DAMA DE COPAS for any indemnities, costs or expenses that DAMA DE COPAS incurs as a result of claims of any kind or nature that are directed against DAMA DE COPAS by third parties, based on the violation of third-party rights, namely intellectual property rights related to the use of content made available, provided or made available through the website and the services associated with it, including compensation paid to third parties by agreement with them.
14.Privacy policy
DAMA DE COPAS, while responsible for the processing, respects your privacy. Any and all personal data collected on the website will be kept confidential and will not be sold, communicated or, in any way, reused by third parties without your authorization. Any personal data provided to us will be processed in accordance with the relevant legislation, with best practices and ensuring all technical and organizational security measures to protect them, which are used for the sole purpose of executing your purchase order and improve your experience on our website. For more information on how we process your personal data, you should consult our Privacy Policy, notwithstanding the notices contained in the appropriate forms.
15.Responsibility
To the fullest extent permitted by law, DAMA DE COPAS shall only be liable for damages caused by way of gross negligence or willful misconduct. DAMA DE COPAS does not assume any responsibility for the continuous availability of its website, and in particular of mobile networks, the Internet and mobile devices.
16.User support & complaints
The User may address comments, suggestions or complaints to DAMA DE COPAS by telephone to +351 911821861 (Call to the national mobile network), available from Monday to Friday from 9 am to 6:30 pm, or by email followup@damadecopas.pt.
17.Alternative Dispute Resolution
17.1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of 31 July, as amended.
17.2. DAMA DE COPAS informs that, under the terms of the Consumer Protection Law, consumer disputes of low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, whenever, at the express option of the consumers, they are submitted to the appreciation of an arbitral tribunal attached to the legally authorized consumer conflict arbitration centers. Thus, in the event of a dispute, the final consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or request legal aid, under the terms provided for by law).
17.3. In addition, under Reg. (EU) 524/2013 of the European Parliament and of the Council, you can access the Online Dispute Resolution (ODR) Platform in
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, where information is available on the possibility of using it to resolve your disputes.
17.4. Information is also available on the Consumer Portal (www.consumidor.pt) on the Alternative Dispute Resolution Entities available for the promotion of out-of-court settlement of national and cross-border disputes under Law No. 144/2015, of 8 September, as amended, when they are initiated by a consumer against a supplier of goods or services and respect contractual obligations resulting from contracts of purchase and sale or provision of services, entered into between an established supplier of goods or service provider and consumers residing in Portugal and the European Union.
THE USER DECLARES TO HAVE READ AND UNDERSTANDED THE PRESENT GENERAL CONDITIONS,
AS WELL AS THE POLICIES TO THEM ASSOCIATED, AND DECLARES THAT IT HAD THE
OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE, BEFORE ACCEPTING THEM. ALSO, USER
ACKNOWLEDGES THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN USER
AND DAMA DE COPAS, WHICH DERAILS ANY PREVIOUS WRITTEN OR ORAL PROPOSAL OR
AGREEMENT, AND ANY OTHER COMMUNICATION BETWEEN USER AND DAMA DE COPAS,
CONCERNING THIS CONTRACT OR THE SCOPE OF THIS CONTRACT.
Terms and Conditions updated on 2024/01/25.