Português PT
1. INTRODUCTION
This document sets out the conditions governing the use of this website (rosaries-mrp.com) and the purchase of products on it (hereinafter "Conditions").
Please read the Conditions, our cookie policy and our privacy policy carefully before using this website. By using this website or placing an order through it, you are aware that you must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the conditions and the privacy policies, you should not use this website.
These conditions may change. It is your responsibility to read them regularly, since the conditions in force at the time of using the website or entering into the contract (as defined below) are the ones that will apply.
If you have any questions about the conditions or privacy policies, you can contact us using our contact form.
2. OUR DATA
This website is run under the name Rosaries Fátima by Manuel Reis Pereira, Unipessoal Lda., with registered offices at Rua Principal, Bairro, 2490-251 Ourém, Portugal with company identification number 508736137.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or data provided by the customer will be processed 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 they provide us with 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:
4.1. Use this website only to make legally valid inquiries or orders.
4.2 Not to place any false or fraudulent orders. If we can reasonably believe that such an order has been placed, we will be authorized to cancel it and inform the competent authorities.
4.3 Provide us with your email address, postal address and/or other contact details in a truthful and accurate manner. You also consent to us using the information you provide to contact you (if necessary, please refer to our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to proceed with your order.
By placing an order through this website, you declare that you are over 18 and have the legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
The items presented on this website are available for delivery in Portugal. Worldwide deliveries are subject to shipping costs.
6. CONCLUDING THE CONTRACT
To place an order, you must follow the online purchase procedure, but first you must read and accept these Conditions of Purchase. By doing so, you are entering into a sales contract with us (the "Contract"). You will then receive an e-mail acknowledging receipt of your order (the "Order Confirmation"). You will also receive an e-mail in which we confirm that the order has been shipped (the "Delivery Confirmation").
7. PRODUCT AVAILABILITY
All product orders are subject to product availability. In this sense, if there are any difficulties with the supply of products or if there are no items in stock, we will inform you immediately of the unavailability, and we will refund any amount you may have paid within 30 days.
8. DELIVERY
Without prejudice to the provisions of Clause 7 above relating to the availability of the products, and unless extraordinary circumstances occur, we will attempt to ship the order relating to the products mentioned in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date has been specified, within 30 days of the date of the Order Confirmation.
However, delays may occur for any of the following reasons:
product customization; specialized items; unforeseen circumstances; or problems in the delivery area.
If we are unable to meet the delivery date for reasons for which we are not responsible, we will inform you of this and give you the option of continuing with your purchase, setting a new delivery date, or canceling the order with a full refund of the amount paid, without prejudice to any other rights you may have under applicable law. In any case, we do not deliver on Saturdays or Sundays.
For the purposes of these conditions, "delivery" shall have taken place or the order "delivered" when the customer or a third party indicated by the customer is physically in possession of the products, which shall be evidenced by the signature of the order receipt at the indicated delivery address.
9. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, we will leave a note indicating where your order is and what to do to have it redelivered. If you are not at the place of delivery at the agreed time, please contact us so that we can arrange delivery for another day.
Please note that if the product is not delivered within the stipulated time, you may be charged for the storage of the products and new delivery attempts.
10. TRANSFER OF RISKS AND OWNERSHIP OF PRODUCTS
The risks of the products shall be borne by the customer from the moment of delivery.
The customer will acquire ownership of the products when we receive full payment of the amounts due in respect of them, including delivery charges, or at the time of delivery (in accordance with the definition contained in Clause 9 above), if this date is later.
11. PRICE AND PAYMENT
The price of each product will be that stipulated at any given time on our website, except in the case of obvious error. Although we try to ensure that all prices on the website 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 of reconfirming the order at the correct price or canceling it. If we are unable to contact you, the order will be canceled and you will receive a full refund.
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 price is obvious and unambiguous and could reasonably have been recognized by you as being an incorrect price.
The prices on this website include VAT but do not include shipping costs, which will be added to the total amount due.
Prices may be changed 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 you have made your purchases, all the items you wish to buy have been added to your cart and the next steps are to complete the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step.
In addition, during the purchase process, before payment, the customer can change the details of their order.
12. VALUE ADDED TAX
All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.
13. EXCHANGE POLICY
13.1 Right to withdraw from the contract
In accordance with the applicable rules, if you are contracting as a consumer, you have the legally established right to withdraw from the contract within 14 days of its conclusion without giving any reason.
The 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 a separately delivered order, 14 days from the day on which the customer (or this third party indicated by you) physically purchased the last product. In order to exercise the right to freely withdraw from the contract, the customer can contact us at the telephone number 249521606, to the e-mail address geral@rosaries-mrp.com, of his decision to withdraw from this contract by an unequivocal statement (example: a letter sent by post or e-mail). However, the consumer may exercise the right of withdrawal by any means, and it is not compulsory to use any of the aforementioned means.
In order to respect the period for freely withdrawing from the contract, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the period for withdrawing from the contract expires.
Effects of terminating the contract
If you withdraw from the Contract, we will refund the amount paid for the products, excluding delivery costs, without undue delay and provided that this does not exceed 14 days from the day you were informed of your decision to withdraw from this contract. We will make the refund using the same payment method as the customer used for the original transaction. In any case, the customer will not pay any fees for this refund. Notwithstanding the above, we may withhold the refund until we receive the products back, or until the customer shows evidence that they have been returned.
The customer must bear the cost of returning the goods.
The customer is only liable for any reduction in the value of the goods resulting from the delivery, and not for what is necessary to establish the nature, characteristics and functioning of the products.
13.2 Contractual right to return products
In addition to the legally recognized right of consumers to freely withdraw from the contract, mentioned in clause 13.1 above, we grant the customer a period of 15 days from the date of confirmation of dispatch of the products to return them (except for those mentioned in the following clause 13.3, for which the right to return the products is excluded).
The Customer may exercise his right to return the products in accordance with the terms set out in clause 13.1 above for the exercise of the right to freely withdraw from the contract. However, the Customer must inform us of his intention to return the products and deliver the products to us within 15 days from the date of confirmation of dispatch.
13.3 Conditions for exercising the contractual right to return the products
The customer does not have the contractual right to return the products provided for in clause 13.2 in respect of the following products:
i. Personalized items.
ii. Sealed products that are not suitable for return for hygiene reasons and have been opened after delivery.
The contractual right to return products shall apply exclusively to products that can be returned in the same condition 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 must be careful with the products while they are in their possession. Please return the item using or including the original packaging. You must also include all instructions, labels, documents and product packaging. In any case, you must return the receipt you received when the product was delivered, duly completed, together with the product to be returned.
Upon return, the respective products must be returned as indicated.
Returns by post: When returning the product(s) by post, you must send it to the head office address on the product invoice, in which case the shipping costs will be borne by the customer.
The customer will be responsible for the return costs. Please note that if you decide to return items to us for collection, we will be authorized to charge you for any expenses we may incur.
After examining the item, we will let you know if we accept the return.
If we accept the return, you will be credited with the amount corresponding to the returned item, which you can use immediately or at a later date, as you see fit.
Notwithstanding the limitations on the contractual right to return products set out in Clause 13.2, this Clause shall not apply to the exercise of the consumer's statutory right to freely withdraw from the contract, in particular with regard to limiting the powers to inspect and handle goods.
13.4 Defective products
In cases where the customer considers that, at the time of delivery, the product does not comply with the provisions of the contract, the customer must contact us within 15 days indicating the details of the product as well as the damage suffered and we will indicate what should be done.
We will immediately complain to the brand of the defective item.
If the brand has the same item, it will be replaced, otherwise the customer will receive a credit for the corresponding amount.
You can return the product by presenting the invoice.
In accordance with the law, instead of canceling the contract (and consequently returning the goods), you can also opt for a replacement product or an appropriate price reduction.
The refund of the price, the replacement of the product, or the appropriate reduction of the price paid for the item must take place as soon as possible and, in any case, within 15 days
All rights recognized by the law in force will be safeguarded.
13.5 Size exchange
If the item purchased by the customer does not correspond to the appropriate size, the customer has the option of requesting an exchange of size provided they return the original item. This possibility is independent of the right of withdrawal, which continues to exist both legally and contractually. You can request a size exchange by email or by telephone. The original item must be returned without any delay, and not later than 14 calendar days after the size exchange request.
13.6 Variations that should not be considered defects
The products we sell, especially those made by hand, often have the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and colors, may not be considered defects or damage. On the contrary, you should expect and appreciate them. We only select products of the highest quality, but characteristics are unavoidable and must be accepted as part of the product's individual appearance.
The provisions in this clause shall not affect your rights as a consumer and user, nor your right to terminate the contract.
14. INTELLECTUAL PROPERTY
The customer acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are at all times ours or those who have granted us the license to use them. You may only use this material in the manner expressly authorized by us or by the person who granted us the license to use it. This does not prevent you from using this website to copy the information relating to your order or the details of the Contract as necessary.
15. 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 damaging material. You shall not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You undertake not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could result in the commission of infringements typified by the applicable legislation. We will inform the competent authorities of any failure to comply with 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 no longer be authorized to use this website.
We will not be liable for any damages or losses resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or content to which it redirects.
16. LINKS FROM OUR WEBSITE
If our website contains links to other pages and materials of third parties, these links are provided for information purposes only, without us having any control over the content of those pages or materials. We therefore accept no liability for any damage or loss arising from their use.
17. WRITTEN COMMUNICATION
Applicable legislation requires that part of the information or notifications we send must be in writing. By using this website, you agree that most notifications to us will be electronic. We will contact you by email or provide information through notices placed on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other notices sent electronically satisfy the legal requirement that such notices be in writing. This condition shall not affect the rights recognized by law.
18. NOTIFICATIONS
Customer notifications should preferably be sent via our email address. In accordance with the provisions of Clause 17 above and unless otherwise indicated, we will send you notifications by email or to the postal address you provided when you placed your order.
Notifications will be deemed to have been received, and correctly made, as soon as the customer enters our website, 24 hours after an email has been sent or three days after the postage date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that the address was correct, that it was correctly sealed and that it was duly delivered to the post office or letterbox and, in the case of an email, that it was sent to the email address specified by the recipient.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
The commitment of the contract applies to you and us, as well as our respective successors, persons who have benefited from transfers made by us and heirs. You may not assign, waive, set aside or in any other way transfer a contract or any of the rights or obligations derived from it without obtaining our prior written consent.
20. FORCE MAJEURE
We shall not be liable for any failure to perform or delay in performing any of our obligations under a Contract caused by events beyond our control (Force Majeure).
Force Majeure shall include any act, event, failure to act, omission or accident beyond our control, including but not limited to the following:
i. A general strike or other form of protest that significantly affects the country.
ii. Disturbance of public order, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
iv. Inability to use trains, boats, aircraft, motor transport or other means of transportation, public or private.
v. Inability to use public or private telecommunications systems.
Our obligations under the Contracts shall be deemed to be suspended for the period during which the Force Majeure occurs and we shall benefit from an extension of the period for fulfilling such obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to bring the Force Majeure to an end or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure.
21. WAIVER RIGHTS
Our failure to require strict compliance by you with any of your obligations under a Contract or these Conditions or our failure to exercise any rights or actions due under such Contract or Conditions shall not constitute a waiver or limitation of such rights or actions, nor shall it relieve you of your obligations.
No waiver by us of a specific right or action shall imply a waiver of our rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or the rights or actions derived from the Contract shall 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 20 above.
22. PARTIAL ANNULMENT
If any of these Conditions or any provision of a Contract is declared null and void by firm resolution of a competent authority, the remaining terms and conditions shall continue in force, unaffected by such declaration of nullity.
23. SINGLE AGREEMENT
These Conditions and all documents to which express reference is made constitute the entire agreement between us and you in relation to the subject matter of the Contract and supersede any other covenant, agreement or promise previously entered into between us and you, whether orally or in writing.
We and the customer acknowledge that we have consented to the conclusion of the Contract without having relied 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 these Conditions.
24. APPLICABLE LAW AND JURISDICTION
The use of our website and the purchase contracts made through this website are governed by Portuguese law.
This provision does not affect the other rights recognized to the consumer by the legislation in force.
25. COMMENTS AND SUGGESTIONS
We always welcome your comments and suggestions. Please send your comments and suggestions to our email address.
26. GUARANTEE
The articles sold by Manuel Reis Pereira, Unipessoal Lda. at http://rosaries-mrp.com/ are covered by the legal guarantee system, in accordance with the provisions of article 5 of Decree-Law no. 67/2003, of April 8, as amended by Decree-Law no. 84/2008, of May 21.
27. ALTERNATIVE DISPUTE RESOLUTION
In this regard, if the transaction has been concluded through our website, we inform you - in accordance with EU Regulation 524/2013 - that you have the right to try to resolve any dispute out of court by accessing the electronic online dispute resolution platform at http://ec.europa.eu/consumers/odr/.
You can consult the updated list of Alternative Dispute Resolution Entities available under Article 17 of Law 144/2015 of September 8 on the Consumer Portal at www.consumidor.gov.pt.