TERMS AND CONDITIONS
The Terms and Conditions of Use of the www.odarabrand.com website that "Hipérbole Cristalina Lda." makes available to its potential clients, as well as the conditions applied to contracts concluded through the web platform, are as follows:
1. ODARA website general conditions
1.1. The 'site' or 'portal' www.odarabrand.com (hereinafter referred to as the 'site') is a site owned by the company Hipérbole Cristalina Lda, (hereinafter referred to as Hipérbole Cristalina and better identified in 1.2. of these General Conditions).
1.2 For the purposes of complying with the applicable legal provisions, the full identification and mandatory references of the company that owns the website and supplies the products offered to the public through it are as follows:
Name: Hipérbole Cristalina Lda.
Corporate Identification Number/Commercial Register: 516930478
Registered office and postal address:
Rua Rodrigues Sampaio nº 31 1º Dto.
Commercial Registry Office: Lisbon
Customer helpline: [email protected]
1.3 For the purposes of the legislation on the protection of personal data (Law 67/98, of October 26), Hipérbole Cristalina, better identified in the previous paragraph, is the entity responsible for the processing of personal data that may be made available by users of the site.
2. Object, objectives and scope
2.1. The website is a web-based electronic platform for the promotion, dissemination and sale to the public ("virtual store") of clothing and fashion accessories.
2.2 These general terms and conditions apply to all visitors and users of the www.odarabrand.com website and to all commercial transactions carried out through this platform.
2.3 Hipérbole Cristalina reserves the right to change these general conditions at any time. Any changes to these general terms and conditions will take effect immediately, and the terms and conditions in force on the date the user placed the order will apply, provided payment has been made.
3. Customer/user responsibility
3.1. Registration as a user of the site and/or placing orders for products sold on it presupposes full knowledge of these general conditions and implies express acceptance by the customer of all its terms and conditions.
3.2 In addition to any others expressly provided for, the following are the customer's obligations and responsibilities:
- Not to use the site for any purpose other than to obtain information about the products and their conditions of sale and/or to purchase them;
- Complete accurately, completely and truthfully all the electronic forms relating to registration as a user, placing orders and any other forms made available on the website that you may use;
- Save and do not disclose your user code and password to third parties;
- Not to use the website or any of the platforms and forms made available through it to disseminate content that is illegal, illicit or offensive to general principles of law, ethics and public order;
- Fully comply with all the general and specific conditions relating to the website, its use and the transactions and contracts entered into through it.
3.3 Without prejudice to other contractual or legal responsibilities to which the client's conduct may be subject, Hipérbole Cristalina reserves the right to cancel all accounts and registrations of users who violate any of these general conditions or whose contractual or pre-contractual conduct objectively reveals bad faith.
4. Customer registration and placing orders
4.1 In order to place orders for products through the website, the customer must register as a user by filling in the relevant form available online.
4.2. The customer is solely responsible for the integrity, truthfulness and completeness of the user registration form, as well as the orders they place. They are also responsible for keeping their password and customer code confidential. Lost or misplaced passwords must be reported immediately to Hipérbole Cristalina.
4.3. The customer is responsible for keeping their user registration details up to date at all times, including their address details.
4.4 Hipérbole Cristalina reserves the right to cancel all customer accounts and registrations that contain false or incomplete data and/or correspond to non-existent identities.
4.5. After registering as a user, the customer will be able to place orders, using the "virtual shopping cart" and following all the steps, including those relating to payment.
4.6. Validation of the order implies acceptance by the customer of these general conditions, as well as the price, characteristics of the product to be purchased, delivery times and other specific conditions of the transaction.
4.7. After completing the order procedure, the customer will receive an email containing the order number, the products purchased, the estimated delivery times and any other information relating to the order in question. The customer must inform us immediately if they detect any error or nonconformity in the description of the essential elements of the order, so that it can be canceled.
4.8. The customer must save the order confirmation message by printing or saving it on any durable and stable medium.
4.9 In the event of an error in the programming or communications, and whenever the messages transmitted do not reach the recipient in such a way that their essential elements or the essential elements of the contract are perceptible and understandable, Hipérbole Cristalina reserves the right to cancel and cancel the order, informing the customer of this fact.
4.10. The data recorded on the customer and the orders placed by the customer will be kept by Hipérbole Cristalina and may serve as proof of the orders placed. At the customer's request, Hipérbole Cristalina will give them copies of their customer records and orders.
5. Product prices, features and availability
5.1. The images of the products available on the website are merely indicative. When placing your order, you should check and analyze the characteristics and descriptions of the respective products.
5.2 The indicated characteristics of the products are supplied to Hipérbole Cristalina by the respective manufacturers, importers or distributors, who are responsible for them.
5.3 Unless otherwise stated, the price indicated for the products is the retail price (including VAT at the legal rate in force).
5.4 The price of any purchase made through the site is valid for the day on which the order is placed and paid for. Hipérbole Cristalina reserves the right to change retail prices at any time and without prior notice.
5.5 It is possible that, despite the efforts and control mechanisms put in place by Hipérbole Cristalina, some prices indicated on the site may contain errors. Should this occur, we will inform the customer when the order is being processed. In this case, the customer:
- You will be refunded the difference if the advertised price is higher than the actual sale price;
- You can choose to cancel the order, or informed of the actual price and still interested, pay the difference if the actual price is higher than the advertised price.
5.6. Indications of stock availability and delivery times are merely indicative. If, as a result of stock unavailability or delays in processing or shipping the products ordered by the customer, it is impossible to fulfill the order within the estimated delivery time indicated, plus five working days, Hipérbole Cristalina will contact the customer, who may choose to keep the order and accept the new delivery time indicated, or cancel it, and the amount already paid will be refunded.
5.7 If the product ordered is discontinued, Hipérbole Cristalina will inform the customer and cancel the order (in whole or in part), refunding the price paid for the discontinued product(s).
6. Payment and means of payment
6.1 Orders become effective after payment through one of the payment methods available for online purchases on the website.
6.2 Orders will only be processed and sent to the customer once payment has been made.
6.3 The payment methods available for online purchases made through the website are as follows: Visa credit or debit card, Mastercard, payment by Multibanco reference and Paypal.
6.4. O cliente reconhece e aceita que o processamento de pagamentos através de plataformas online comporta riscos de segurança.
The choice and option to use any means of payment is the sole and exclusive responsibility of the customer, who may not hold Hipérbole Cristalina liable for any damages or losses resulting from the use of such means of payment, unless it can be shown that such damages or losses were culpably caused by any act or omission on its part.
7. Delivery of orders, costs and postage
7.1. The customer is solely responsible for accurately, completely and truthfully entering all the data requested in the website user registration form and in the respective orders, including, but not limited to, the address where the respective delivery is to be made. Hipérbole Cristalina cannot be held responsible for any delay or difficulty in delivery, or for any delivery to an address other than the one intended by the customer, where this is due to an error or inaccuracy in the data provided.
7.2 The customer is responsible for checking, upon receipt of the order, that the packaging is in perfect condition and that the items conform to the order. In cases where the package is visibly damaged, the customer must refuse to accept the order by mentioning this on the courier's delivery list and contacting Customer Service at the following email address: [email protected] .
7.3 Unless otherwise stated, the expected delivery time for items is between five and ten working days, after the products have been paid for. When counting working days, Saturdays, Sundays, national or municipal holidays, days on which time off is granted and days of strikes in the transportation or postal services sectors will not be taken into account.
7.4 Unless otherwise stated, the prices advertised on the site include the costs and charges for delivery of the products.
7.5 If no one is present at the address indicated when the order is delivered, the carrier will reschedule a second delivery attempt.
8. Returns and right of withdrawal
8.1. Under the terms of the applicable legislation (DL no. 24/2014, of February 14, amended by Law no. 47/2014, of July 28) the customer has a period of 30 days (including Saturdays, Sundays and public holidays) from the day the items are delivered to the address indicated, to terminate the contract, without payment of compensation and without the need to state the reason.
8.2 The costs of returning products as a result of exercising the right of withdrawal will always be borne by the customer.
8.3 All the items supplied with the product (including its packaging and any accessories) are essential for the eventual return or exchange of the product. The warranty certificate and the corresponding purchase invoice are absolutely necessary for exercising the rights arising from the legal warranty.
8.4 No exchanges or returns will be accepted for items customized by the customer or personalized to their specifications.
8.5 The credit will be made automatically in order to guarantee speed in the process and greater convenience for the customer, and will be made in accordance with the chosen means of payment.
9.1 Hipérbole Cristalina, better identified in paragraph 1.2 above, is the entity responsible for processing the personal data provided by users of the site.
9.2 By providing the data, the customer accepts that it may be collected and processed for the purposes of advertising, marketing (including through any means of direct marketing and unsolicited advertising communications, provided that the user/customer does not object to this), commercial and/or promotional offers, the purchase and sale of products, statistical processing of purchases and sales, order placement and management, technical and after-sales assistance.
9.3 The data provided may also be transmitted to the transport and postal service company, exclusively for the purpose of delivering and processing the orders placed.
9.4 Hipérbole Cristalina will implement and maintain appropriate technical and organizational measures to protect data against accidental or unlawful destruction, unauthorized disclosure or access, adulteration or loss, thus seeking to ensure the integrity and confidentiality of personal data. These measures include backup mechanisms, reserved access and processing permissions and authorizations, with a view to preventing access by unauthorized third parties (other than the user who holds the data) to data that directly concerns them.
9.5 Hipérbole Cristalina undertakes for itself, for the entities contracted to process the data, and for its employees and collaborators, to maintain strict confidentiality with regard to confidential data and information that may come to its knowledge via the website, and is only authorized to use it for the purposes set out in these general conditions, for the exercise of any right within the scope of contracts entered into with the client, or following a legitimate order from any judicial or administrative authority.