TERMS AND CONDITIONS

TERMS AND CONDITIONS

  1. DOMAIN AND WEBSITE OWNERSHIP

The website http://benamor1925.com is registered under the Regulation of the registry for www.benamor1925.com and is property of Sociedade de Perfumarias Nally, headquartered at Quinta da Medanha, Ota Park, 2580-491, Carregado – Alenquer.

The Website is strictly intended for personal use.

The reproduction, transference, distribution or storage of the Website’s content for any other purposes besides strictly particular ones is prohibited, except in case BENAMÔR provides previous written consent.

It is strictly forbidden to use the links to the Website for commercial efforts without BENAMÔR’s previous authorization, as well as for abusive ends. In cases of commercial or abusive usage of the Website, BENAMÔR can resort to any competent legal channels necessary to preserve its rights.

In the eventuality of Users finding links on other websites, that allow them access to our Website, we inform that BENAMÔR does not bear any responsibility for such referral, including any content present on the aforementioned websites.

  1. PURPOSE AND SCOPE

The present General Conditions of Hire and Usage (“Terms and Conditions”) apply to all visitors on the Website, to all users that sign up on the Website and Clients that perform any kind of commercial transaction through the BENAMÔR online shop, available on the “SHOP” area.

Commercial transactions are exclusively authorized to individuals of legal age, capable of celebrating binding contracts.

Visitors and Clients are henceforth jointly designated as “Users”.

Browsing the Website, signing up as a User, as well as purchasing any product on this BENAMÔR online shop implies the User’s acknowledgment and acceptance of the present General Conditions.

The objective of the specified conditions is to define all sales modalities between BENAMÔR and the Client, subject to registration, order, payment and delivery.

BENAMÔR reserves the right to change these General Conditions, without prior notice, and any alteration will be published on the Website, to which any User has free access.

The continued usage of the Website, following the publication of the alterations, is equivalent to consent provided by the User, whom will be legally bound by these Terms and Conditions.

Once a Client’s order is confirmed, no future alterations will be applied to the order, given the Terms and Conditions in force by the time the order was placed.

  1. INFORMATION REGARDING WEBSITE CONTENT

BENAMÔR reserves the right to modify, at any given moment, the information and commercial offers presented in regards to: products, prices, promotions, commercial conditions and services.

All efforts will be employed so that the presented information is free of typographic errors and, whenever these occur, we will proceed with the respective correction as soon as possible.

In case the information provided does not correspond to the product characteristics, the Client has the right to terminate the contract of sale and purchase under the applicable legal terms.

All photographs shown on the Website are merely illustrative.

We recommend that you consult the detailed information about the product description before completing your purchase.

All product pricing and specifications are subject to change without prior notice.

The Website’s (Online Shop) product catalogue is completely independent from brick and mortar stores, both in prices and stock volume.

All promotional campaigns have limited and exclusive stock for online commercialization.

All contractual information is written in both Portuguese and English, as well as all the information related to products and the formalization of sales and e-mail communications.

  1. INTELLECTUAL PROPERTY

Our registered trademarks include (among others) BENAMÔR name and logo.

These trademarks are used and/or registered in more than one country and the usage of this Website does not concede any rights to the Client to use such registered trademarks of Sociedade de Perfumarias Nally, Lda.

The social denominations and distinctive marks (brands and logos), as well as any Copyrighted content (texts, graphics, icons, comments, papers, illustrations, works and data images and software) reproduced or exhibited on the Website is protected by law, namely the Código de Direitos de Autor e Direitos Conexos (Portuguese Code on Copyright and Related Rights) or the Código of Propriedade Industrial (Code of Industrial Property).

In the light of the above mentioned, its reproduction or representation is strictly prohibited and must be subject to a previous written authorization, provided by the brand’s owner.

  1. RESPONSIBILITY

All products commercialized in this Online Shop are compliant with the Portuguese legislation.

BENAMÔR declines any responsibility in case of legislation infringements on the country where the order is delivered.

The Client should enquire the local authorities regarding the importation or usage conditions for the products he/she pretends to order.

BENAMÔR is not responsible for any damages or liabilities caused by interferences, interruptions, computer viruses, malfunctions or breakdowns, or operating system disconnections that might hinder, temporarily, the access, the navigation or service provision to the Users.

  1. CLIENT AND USER OBLIGATIONS

The Client and the User must comply with the present General Conditions, committing themselves to carry out, among others, the following obligations:

1) Not to introduce, store or disseminate through the website, defamatory, obscene, injurious, fraudulent and xenophobic content, and/or of any other nature that violates the principle of general rights, the right to intimacy or the intellectual or industrial property of third parties and the public order, that might be prejudicial to third parties or to BENAMÔR;

2) Store, without disclosing, his/her access password to the Website, in order to prevent unauthorized access by third parties to the account;

3) Not using false identities;

4) Provide correct personal data and addresses, so that BENAMÔR can properly process all the orders;

The Client is responsible for the veracity of all data provided to BENAMÔR and must commit to immediately insert, on his/her Online Shop Account, any alterations performed on any personal details.

BENAMÔR declines any liability for eventual delays or incapability to process any order, namely in the act of delivery, caused by any error or insufficiency of data provided by the Client.

The use of this Website is subject to certain usage conditions, determined by BENAMÔR, in the quality of sole and exclusive owner.

BENAMÔR reserves the right to eliminate User accounts that violate any of the aforementioned obligations.

  1. ORDER PLACEMENT AND PAYMENT SECURITY

The provider of available products for purchase on the BENAMÔR website is Sociedade de Perfumarias Nally, Lda.

In order to complete any purchase on the Website, you must sign up or log in as a User or Client, filling the necessary online form, present in the Login/Signup section.

After completing the registration, you just need to add all your wanted items on the virtual shopping cart and verify its status on the client area.

You must follow all the purchase steps in order to successfully finalize it.

BENAMÔR informs that all prices employed on the Website are exclusive to this Online Shop and might not correspond to the prices charged on BENAMÔR’s brick and mortar stores.

All promotional campaigns have a limited and exclusive stock for online commercialization.

By completing an order, we assume that the Client is aware and accepts the General Terms and Conditions of this Website.

Data registered by BENAMÔR constitutes proof of all transactions performed between BENAMÔR and the Client.

BENAMÔR is responsible for archiving the electronic document in which the contract is formalized, while maintaining its accessibility.

As soon as your purchase is complete, you’ll receive an automatic e-mail, confirming the transaction.

If any part of the data isn’t correct, you must request its immediate alteration, or even, the annulment of the purchase.

The payment for the order and all delivery fees (if applicable) must be completed before the order is shipped.

Delivery costs are calculated based on the weight and destination of the order. We kindly ask you to verify the value of our tariffs on the checkout page.

You may pay with Credit Card, on an ATM (Multibanco) and Paypal. Regarding the latter, the client must provide identification with his/her username and password.

The server is encrypted and all circulated information is encoded, meaning that no information will roam freely on the internet.

All payments will be processed by Sociedade de Perfumarias Nally, Lda, however, Sociedade de Perfumarias Nally, Lda, will not retain any payment data or details.

The contract is deemed fulfilled once a Client completes the payment and BENAMÔR delivers the product(s).

  1. PRICES

All prices displayed are in Euros (€), with included fees and taxes.

VAT is applied at a rate of 23%.

Prices displayed on the website http://Benamôr1925.com might be modified at any given moment, without prior notice to the Client, which, however, will not apply in case the order was already placed.

The Client must bear all shipment expenses for orders placed on this Online Shop.

  1. PRODUCT AVAILABILITY

BENAMÔR only proceeds with the delivery of an order placed by a Client after confirming the respective payment, wherefore, it cannot guarantee the availability of the respective products until the process is initiated.

BENAMÔR is committed to manage the Website, in order to guarantee that all products available on the Online Shop are in fact present in stock at the moment of your order.

However, it is possible to have a temporary rupture on stock, of which the client will be informed.

Both BENAMÔR and the Client can partially or completely cancel the order, and the Client has the right to be reimbursed in full for the paid amount.

In this eventuality, exercising the right of free termination, according to the present General Conditions, BENAMÔR will bear all expenses that arise from the return of the product(s).

BENAMÔR can, alternatively, provide the Client with a new product, equivalent in quality and price, with prior consent from the Client.

9.1 CANCELATIONS AND RIGHT OF FREE TERMINATION

Applicable to all purchases conducted on the Website.

Failing to pay for the order within the 3 subsequent days after the date in which the order is placed implies its automatic cancelation.

In case of contract dissolution, caused by any infringements on BENAMÔR’s part, the Client will be reimbursed for all the completed payments, including delivery costs, if applicable (except any supplementary costs that arise when the Client chooses a different shipment method, other than the less burdensome shipment plan offered by the vendor), without unjustified delays and, in any circumstance, granted within a maximum of 10 days counting from the date in which the contract was terminated.

Reimbursements will be issued via the same payment method used by the Client on the initial transaction.

In case the order was paid by ATM (Multibanco), we kindly ask for you to provide an IBAN, so that we can make the return in the timeliest manner.

9.2 RETURNS

Our top priority is Client satisfaction when it comes to the quality of our products and Website functionality to provide a suitable online shopping experience.

Nonetheless, if this is not met and in case the Client wants to proceed with a return or devolution, he/she can simply send an e-mail to lojaonline@Benamor1925.com, providing the order number and justification for the devolution or return.

The Client has 14 days after receiving the order, to exercise his/her right of free termination, being eligible to receive a full reimbursement, equivalent to the total amount paid for the products, under the legally provided terms.

The Client must, additionally, send all the necessary elements (address, e-mail address or phone number) so that we have a means of contact, if necessary.

We also advise the Client to take and send photographs of the respective product and its package.

The Client can return the order freely, provided that the product is returned on its original packaging and in the same conditions that it was sold.

In this case, the products must be returned or delivered by the Client, without any unjustified delay and within a maximum period of 10 days counting from the date the Client informs BENAMÔR about the termination of the contract.

The Client must bear all direct costs associated with the return of the products. Only the product price will be credited. The Client is completely responsible for all shipment fees.

If any of the products is returned with apparent damages or if the return package is lost, we reserve the right to charge the Client for the respective devolution or to not reimburse any amount.

Any reimbursement, when due, will be made by the same payment method used for placing the order.

The Client will receive a confirmation e-mail as soon as the return is processed.

The Client can return his/her order to:

Sociedade de Perfumarias Nally, Lda,

Edifício Ota Park

Quinta da Mendanha

2580-491 Carregado

  1. EXCEPTION TO THE RIGHT OF FREE TERMINATION

The Client cannot terminate the contract freely after tearing the packaging or removing the seal of the products after receiving the order, making them unsusceptible to return for reasons provided under the scope of health protection and hygiene standards.

  1. CONSUMER PROTECTION

The norms provided by Law no. 47/2014, of July 28, applies to all Clients, regarding the commercialization of consumer goods and their respective warranties.

The previously mentioned legal warranty does not cover any defects or damages resultant from improper usage of the product by the Client or by intervention of third parties.

  1. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

All purchases made on the Website are subject to the Portuguese legislation. Any conflict or interpretation disagreement, or enforcement of the General Conditions of Hire and Usage shall be submitted to the Portuguese court that is deemed territorially competent.

The present General Conditions were updated on —–, 2018.

Can’t find answers to your questions? Contact us!

lojaonline@Benamor1925.com

We promise to reply with the highest brevity.

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