Sales Terms and Conditions
These terms and conditions constitute the rules and obligations for the access and use of the website www.mariaconcha.com and the purchase of items in such website (hereinafter “Conditions”). This website is executed under the name of Maria Concha by Castelos Na Lua, Lda., a limited company, with registered office at Avenida Adão Manuel Ramos Barata, nº 2 A, 2 Bloco 3 2º A, 1885 - 100 Moscavide, Lisboa, Portugal, registered with the Commercial Register of Lisbon under no. 508772990, which is also the corporate taxpayer identification name, with share capital of € 10,000.00 (ten thousand euros), and e-mail firstname.lastname@example.org.
Conditions can be changed at any time by Castelos Na Lua, Lda. Without prior notice. Users must read carefully the conditions in force at the moment they are using the web page or entering into a contract.
PERSONAL DATA AND CONFIDENTIALITY
1.1. By using this website and its services, the user acknowledges that all information provided is true, accurate, current, and complete, and guarantees that such information will be updated whenever needed. In case of incorrect information, Castelos Na Lua, Lda. is immediately released from any contractual obligations.
1.2. The user can cancel their registration with the website at any time, and their data will be deleted along with their e-mail address and password that granted access to the User area in the web pages under the domain www.mariaconcha.com.
1.3. To that end, they must send their request to email@example.com.
1.4. The user has the right to verify, change, and delete their data. For more information about this, please check our Política de Privacidade.
1.5. If the user has less than 18 years old, they should ask their parents or legal representative permission before:
-Contacting our website.
-Sending us any information request.
-Buying any online product on our website.
1.6. By continuing to use our website, the user is confirming that they got consent from their parents or legal representative. Minors are advised to share these Terms and Conditions with their parents or legal representative before completing the registration process.
1.7. Even if the User does not complete their registration, they can make any purchase as a guest, without creating a user profile and providing only the data that are essential for the transaction.
2. User Obligations
As a condition for using the website under these Conditions, the User undertakes to:
a) Respect the rights of Na Lua, Lda. and any third parties.
b) Show good manners and respect any and all legal provisions, using the website properly and correctly, strictly respecting the conditions they have read, understood and accepted fully and without any reservation.
c) Not change the software in any way, not use modified forms of the software, namely with the goal of getting unauthorised access to contents or any confidential content.
1. All contents found at www.mariaconcha.com are the property of Castelos Na Lua, Lda.
2.Any modification, copy, distribution, transmission, publication, licence, or content creation, or works that are based on or that include website contents is strictly forbidden, unless otherwise authorised in writing.
3. Castelos Na Lua, Lda. can change, suspend, or discontinue, at any moment and at its own discretion, any of the contents available on the website, without prior notice and without this resulting in any obligation to compensate any third parties for such modification.
4. The user acknowledges that all contents held by Castelos Na Lua, Lda. are protected by copyright and related rights and other applicable legislations. Castelos Na Lua, Lda. Will not tolerate any violations of intellectual and industrial property rights or unrelated personality and/or property rights.
GENERAL SALES CONDITIONS
1. Entering into a contract
1.1. Before placing your order, please read and accept these Conditions.
1.2. By proceeding with your order, you are entering into a purchase and sale contract with Castelos Na Lua, Lda. (hereinafter the “Contract”).
1.3. You will receive an Order Confirmation e-mail with payment details, an Order Shipping e-mail, and then a delivery confirmation e-mail.
1.4. Contracts are entered into electronically via the website in Portuguese and English.
2. Product Availability
2.1. Orders are subject to product availability. This way, if there is any problem with supply or the product is out of stock, we will inform you that the product is unavailable.
2.2.The items shown on this website are available for delivery in Mainland Portugal, Azores and Madeira, and Europe.
3. Payment Methods
When placing the order, the user has three payment methods available:
a) PAYMENT REFERENCE
When checking-out, a payment reference is generated which will be associated with your order. You should pay using such reference in an ATM machine or via online banking. Payment is confirmed immediately. If you select the payment reference method, you will be sent an e-mail with the entity, reference, and amount that you can pay using the ATM machine (or online banking). These payments are processed by Ifthenpay – Instituição de Pagamento, which is authorised and supervised by Banco de Portugal (registration no. 8707), with registered office at Ra de São José, 771 4535-404 Santa Maria de Lamas, corporate taxpayer identification number 510450024.
Payment is made using the MBWay app. The phone number associated with your MBWay account will be requested after the Order is completed. You will receive a notification asking you to confirm payment. Payment is validated instantly.
You can pay using your PayPal account. After order confirmation, you will be forwarded to the Paypal website so that you can log into your PayPal account and confirm that the credit card is yours or that you are the lawful holder of the gift card or payment card.
d) CREDIT CARDS
We accept the following credit cards: VISA, MasterCard, American Express.
4. Secure Payment
4.1. To reduce the possibility of unauthorised access to User’s banking details, the card details used will be encrypted and sent to the remote electronic payment service provider, preventing third-party access to such data.
4.2. Payment using credit cards is subject to verification and authorisation by issuing bodies. If the issues of the bank card does not authorise the payment, then Castelos Na Lua, Lda. cannot be held responsible for any delay or failure to deliver orders and can even refuse to enter into a contract with the User.
4.3.Under no circumstances can Castelos Na Lua, Lda. be held responsible for any damage caused as result of the use of electronic communication means, including, but not limited to, damage arising from failure or delays in electronic communications, interceptions, or manipulation of communications, or viruses.
4.4. Payment details are confidential and will not be used by Castelos Na Lua, Lda., except to carry out any of the necessary procedures for the purchase or return.
5. Correcting mistakes in orders
5.1 Any potential mistakes, exclusively attributable to the customer, in your order can only be corrected if the order has not been processed yet. To that end, please contact us to Telephone: +351 967 046 017 or E-mail: firstname.lastname@example.org.
5.2. The correction will only be considered valid after written confirmation of Castelos Na Lua, Lda.
6.1.The price of each product is the price that is shown at any given moment on our website. Such price does not include shipping costs, which will be added to the amount to pay.
6.2. All purchases made via this website are subject to the Value Added Tax (VAT) in force in Portugal.
6.3. If we find an error in the price of any of the products you ordered, we will get in touch as soon as possible and you will have the option to confirm the order with the corrected price or cancel the order. If we cannot get in touch with the customer, the order will be cancelled and the money will be refunded in full.
6.4. Prices and products available on our website are only valid for orders placed online and may not match those of other physical stores.
6.5.Castelos Na Lua, Lda. reserves the right to change the information about the commercial offer announced on prices, promotions, and commercial conditions at any time, provided that those potential changes do not affect the orders which were already confirmed.
7. Campaigns and Promotions
OPromotional codes, if applicable, will be added automatically to an order and will be reflected on the final invoice price. They cannot be exchanged for cash.
8.1. Without prejudice to the provisions of point 2 concerning product availability and unless any extraordinary circumstances occur, we will try to send your package on the date of Delivery Confirmation, within 3-5 business days.
8.2. Without prejudice to the provisions above, delays may occur for reasons such as: specialised items; unforeseen circumstances, or problems in delivery areas. If we cannot delivery on time, for reasons that are not attributable to us, you can exercise your rights under the applicable legislation.
8.3. Deliveries are made from Monday to Friday..
8.4. Orders placed and paid by 11:00 PM are processed on the next business day.
8.5. All items are delivered in secure packages. If your package is damaged, you must report that occurrence to the carrier, at delivery, and must also refer such damage in the delivery proof. In addition, you should contact our consumer support to: Telephone: +351 967 046 017 and/or E-mail: email@example.com.
8.6. If we cannot deliver the package to you, we will let you a note describing package location and how you can retrieve it and/or reschedule a new delivery.
9. Exchange and Return Policy
9.1. Right to contract termination
9.1.1. According to legal consumer rights, the customer has the right to terminate the contract within 14 days after entering into the contract without giving any reason.
9.1.3. Where the customer terminates the contract, we will refund the amount paid by the products using the same payment method used by the customer for the original transaction, without charging any additional fees.
9.1.4. We can, however, withhold the refund until we get the products back or until the customer presents any proof that the items were returned.
9.2. Right to return products
9.1. In addition to the right to contract termination, the customer has 30 days to return the products after the delivery day.
9.2. The customer is not entitled to return the products where any product was used besides package opening or has been damaged.
9.3. The item must be returned inside or with the original package. It must also include all instructions, labels, documents and product packages.
9.4. After examining the item, we will inform you if you are entitled to any refund for the amounts paid.
11. Defective products
11.1. Where the customer considers that the product is not according to sales conditions at the moment of delivery, they have a legal period of two months to report the situation.
11.2. According to the applicable legislation, the customer can ask for a substitution, instead of opting for contract termination.
11.3. Product refund or substitution must happen as soon as possible and, in any case, within 30 days.
11.4. The amounts paid for products that were returned due to damage or defects will be refunded entirely.
11.5. Such refund will be made using the same payment method used for purchase.
12.1. Where the customer buys any item that does not fit them, they can ask for another size without having to pay any additional fee for the delivery of the new item, provided that the original item is returned.
12.2. Products can be exchanged up to 30 days after delivery.
12.3. For purposes of the paragraph above, the customer can ask for the size exchange by sending the product by mail to Rua Adão Manuel Ramos Barata nº 2- A2 – bloco 3- 2º A 1885-100 Lisboa, along with the respective receipt.
12.4. The customer must also send an e-mail to firstname.lastname@example.org, requesting the exchange and stating the motive.
12.5. In case of defective product or incorrect shipping, shipping costs will be borne by Castelos Na Lua, Lda. In every other situation, shipping costs will be borne by the customer.
12.6. The item must be returned inside or with the original package. It must also include all instructions, labels, documents and product packages.
12.7. Castelos Na Lua, Lda. reserves the right to examine the product and refuse to make the exchange when the exchange does not comply with the legal exchange period and/or there are items that are not in the same conditions as they were when they were received by the customer.
LIMITATION OF LIABILITY
This website was designed according to the best technical quality. Castelos Na Lua, Lda. cannot guarantee that there will be no service interruptions or disturbances, loss of information, technical capture or display failures, and unavailability for any reason, or that all files and formats are free from errors or viruses, or content continuity. Whenever this occurs, Castelos Na Lua, Lda. proceeds to normalise the service, but cannot be held responsible for any personal or property damage arising from the correct or incorrect access to or use of mariaconcha.com. This limitation of liability is not intended to limit the liability of Castelos Na Lua, Lda. in any way that goes against the applicable legislation or exclude liability whenever it is legally inadmissible.
1.A Castelos Na Lua, Lda. will not be responsible for any non-compliance or delay in complying with obligations when the cause for such situation is a force majeure event.
2. The concept of force majeure includes any acts, events, failure to exercise, omission, or accident that is completely beyond our control, including but not limited to:
i. General strike or any other way of protest that affects the country significantly.
ii. Disturbances of public order, uprising, invasion, terrorist attack or threat, war (declared or not), or threat, or preparation for war.
iii. Fire, explosion, storm, floods, earthquake, landslide, pandemic, or any other natural disaster.
iv. Impossibility to use trains, ships, planes, motor vehicles or any other transportation means, whether public or private.
v. Impossibility to use public or private telecommunication systems.
3.Our obligations are deemed suspended during the period of the force majeure events, and we will be entitled to an extension for complying with such obligations.
4. We will use all reasonable means to find a solutions that will allow us to comply with our obligations despite the force majeure events.
COMPLIANCE WITH THE CONTRACT
1. The nullity, invalidity, or inapplicability of any provision in these Conditions, as ordered by any relevant authority, does not influence the validity, force, and applicability of the remaining provisions, which remain effective.
2. Not requiring full compliance with these Conditions does not mean the parties are waiving or being limited concerning any of their rights or obligations, nor releases the customer from complying with their obligations.
These conditions and all documents where they are expressly mentioned constitute the only full agreement between Castelos Na Lua, Lda. And the user/customer, and supersede any verbal or written pacts or arrangements established before.
i) You can send your comments and complaints:
ALTERNATIVE DISPUTE RESOLUTION
According to Regulation (EU) No. 524/2013 – you are entitled to settle any dispute extra judicially by accessing the electronic dispute resolution platform: http://ec europa eu/consumers/odr/. You can see the updated list of Alternative Dispute Resolution Bodies available under article 17 of Law no. 144/2015 of 8 September (successfully amended by DL 102/2017 of 23/08 and Law 14/2019 of 12/02) on the Consumer’s Portal: www.consumidor.pt.
1. The Portuguese Law applied to all issues governed by these conditions.
2. Such provision does not affect any consumer rights acknowledged by the legislation in force.