1. General Provisions
These Terms and Conditions exclusively regulate the contracts to buy or sell entered into via the realsaboaria.com online shop between the final consumer (hereinafter also referred to as “User”) and Groupe GM Cosmética Portugal, SA (hereinafter referred to merely as “Groupe GM Cosmética”), as well as any other commercial transaction undertaken through the online shop.
The online shop is intended for the commercialisation of Real Saboaria brand products.
The use of the online shop implies the full and unreserved acceptance of all the integral provisions of these Terms and Conditions, as well as the Privacy Policy, in force at the time the online shop is accessed.
If you do not agree with any of the provisions in either document, you should not access or use the online shop.
Groupe GM Cosmética may, at any moment, alter these Terms and Conditions partially or completely. It is therefore recommended that they be consulted prior to use of the online shop.
2. General Terms of Sale
These conditions set out how the online shop operates and explains its terms of sale. The realsaboaria.com online shop is an e-commerce website dedicated to the sale of Real Saboaria products to private buyers. The sale of products on the Real Saboaria online shop is limited to customers over the age of 18 who are legally able to sign contracts.
Groupe GM Cosmética is the legal entity responsible for selling Real Saboaria brand articles on the www.realsaboaria.com website. Contracts to buy and sell entered into through the online shop are only available to final consumers.
Under Law 24/96 of 21st July, the final consumer is deemed to be anyone to whom goods are supplied, services provided or any rights conferred for non-professional use, and therefore not for resale.
Groupe GM Cosmética reserves the right to refuse the processing of an order if made by anyone other than the final consumer, or by anyone who does not comply with these Terms and Conditions.
3. Customer Support
If in doubt, or if you have a question you would like to ask concerning the sale of products through the online shop, or if you would like to submit a complaint, you may do so by email (onlinestore@realsaboaria.circletec.pt) or telephone (+351) 258 025 025 from Monday to Thursday from 9:00 am to 1:00 pm (GMT) and 2:00 pm to 6:00 pm (GMT) and on Fridays from 9:00 am to 1:00 pm (GMT) and 2:00 pm to 4:00 pm (GMT). You may also do so by post to the address below:
Z.I. Neiva, Fase 1, Rua A, nº 167
4935-231 Neiva, Viana do Castelo
Portugal
When you visit the online shop or send an email to Groupe GM Cosmética, your communication is conducted electronically. The User therefore accepts, for the purposes of this Contract, that any communications by Groupe GM Cosmética will be by conducted electronically, thereby satisfying all legal requirements inherent to the written form. This fact does not limit your legal rights, namely as a consumer.
4. Products
The products proposed for sale are those included in the online catalogue available at www.realsaboaria.com These products are described and presented as accurately as possible. The photographs and accompanying texts provide only a general guide.
5. Prices
The sale prices shown in the online shop include VAT at the valid rate at the time the contract to buy and sell is entered into. The shipping and delivery rates below must also be added:
The total price, including shipping, is displayed and listed in full prior to the final validation of the order in the online shop.
Any other costs resulting from the shipping of orders outside Portugal, namely customs tariffs, if applicable, are the User’s sole responsibility and are not covered by Groupe GM Cosmética.
Groupe GM Cosmética reserves the right to alter the price of the products on sale. Products shall therefore be invoiced at the price applicable on the day the order is made.
Although Groupe GM Cosmética endeavours to ensure that all the prices shown in the online shop are correct, errors may occur.
If an ordered product has the wrong price, Groupe GM Cosmética takes the following measures:
- 1) If the correct price is lower than that shown in the online shop at the time it is ordered, Groupe GM Cosmética will charge the lower price and refund the difference to the User;
- 2) If the correct price is higher than that shown in the online shop at the time it is ordered, Groupe GM Cosmética shall, at its sole discretion, take one of the following actions:
- 2.a) Contact the User to check if they wish to maintain the order at the correct price; or
- 2.b) Cancel the order, informing the User of this by email and refunding the amount paid.
6. Orders
To make an order, the User must register and create a User account in the online shop, providing the information required for that purpose.
Each registered User is solely responsible for maintaining the confidentiality of their account and password and for controlling third-party access to them. The User is therefore fully responsible for all actions taken in their account and/or through use of their password.
To make an order, the User must:
1) Select the products they wish to purchase from the online catalogue and add them to their “shopping basket”;
2) Conclude the purchase by following the steps shown during the “Checkout” process:
2.a) Open the “shopping basket” and check and confirm its contents (desired items);
2.b) Indicate and/or check the details necessary to process and ship the order;
2.c) Indicate the form of payment;
2.d) Confirm and finalize the order.
Orders will only be considered as such if all mandatory information has been correctly provided. The User will receive confirmation that the order has been received by automatic email. This does not mean that the order has been accepted, merely that it has been received. If the order is accepted, the User will receive a new email with the shipping details.
Groupe GM Cosmética only processes an order after the respective payment has been confirmed. If payment is not made, the order is not processed.
If the ordered item is not available, Groupe GM Cosmética will inform the User and refund the amount paid within a maximum of 30 days from the date it is seen to be unavailable.
7. Form of Payment
Groupe GM Cosmética provides the following methods of payment:
- PayPal
- Credit card
- Multibanco Reference
Payments are subject to checks and authorisation by the respective card issuers. If payment is not authorised, Groupe GM Cosmética is not responsible for the failure to conclude the order.
8. Product Shipping and Delivery
Groupe GM Cosmética’s estimated delivery times to the following countries are:
The times shown in the table are merely estimates. By law, Groupe GM Cosmética is obliged to deliver goods within a maximum of 30 days.
9. Impossibility of Delivery
If the User, or someone acting on their behalf, is not present at the place of delivery on the date agreed, they will be contacted to reschedule.
If, after successive attempts, it is not possible to deliver the order, the User may be charged a fee for storage of the items and final delivery, subject to the rules of the shipping company.
If none of the options provided to the User are successful, Groupe GM reserves the right to cancel the order with the right to a refund.
10. Action in the Event of the Loss of an Order
If the order is not received within the time indicated by the shipping company, the customer will be asked to provide the necessary documentation to pursue a complaints process. Groupe GM Cosmética will await the completion of the shipping company’s inquiry before making a refund or shipping a new order.
11. Product Returns due to Complaints
Without prejudice to the right to free termination, the User may return defective articles to the factory within 30 days. To do so, the User must make a complaint as described in point 3 herein. The User will then be refunded for the total amount of the returned items and the respective shipping costs. Only articles which are returned in their original packaging and have not been used will be accepted.
12. Warranty
Groupe GM Cosmética guarantees the authenticity of the items it sells, and their compliance, under the law.
13. Contract Termination
Under Article 10 of Decree Law No. 24/2014 of 14th February, amended by Law No. 47/2014 of 28th July, the User is entitled to terminate the contract without the need to provide a reason within 14 days of delivery of an ordered item. The cost of returning the item is borne by the User. The refund is made via the same payment method used for the original transaction, except where expressly agreed otherwise. Groupe GM Cosmética will make the refund only after receiving the returned items and examining the conditions in which they are received.
Groupe GM Cosmética is not obliged to refund additional delivery costs when the User expressly requests a different and more costly delivery method than the one more commonly proposed by GM Cosmética.
The User must keep the items in such a manner as they can be returned in appropriate working condition to Groupe GM Cosmética or to an entity chosen by the latter for collection.
The User is liable for the item’s depreciation if in inspecting its properties, characteristics and operation it is handled in a manner which exceeds that usually accepted in a commercial establishment.
To exercise the right to termination, the User must send an email to onlinestore@realsaboaria.circletec.pt within the aforementioned 14 days, using the termination template Enclosed. The use of the template is not mandatory. Groupe GM Cosmética must reply, also by email, with notification of receipt of the notice of termination.
The right to termination does not cover the supply of items which, due to their nature, cannot be re-sent or are liable to deteriorate.
14. Liability
Groupe GM Cosmética is not liable for any harm caused to the User due to use of the Internet, including interruption of service, defects and intrusions, viruses or other cases of force majeure.
Groupe GM Cosmética also is not liable for any delays or flaws in processing the order as a result of errors or insufficient information supplied by the User.
If the User entrusts the shipping to an entity other than that proposed by Groupe GM Cosmética, the risk of loss or damage is transferred to the User during delivery; otherwise, it is transferred to the User when they, or a third party indicated by them, not including the shipping company, take physical possession of the goods.
15. Intellectual and Industrial Property
The Real Saboaria brand and all items, images and other content available in the online shop, including written texts, are protected by law by industrial property rights and copyright. Their reproduction or dissemination in any way, partially or fully, is forbidden without the prior consent of Groupe GM Cosmética.
16. Applicable Law and Jurisdiction
Contracts entered into through the online shop are governed in full by Portuguese law.
Any dispute that may arise concerning the contracts will be decided by the Porto District Court (Tribunal Judicial da Comarca do Porto), with express renunciation of any other.
Groupe GM Cosmética is not a member of the Consumer Arbitration Tribunal. It will therefore examine the option to use this alternative form of dispute resolution on a case-by-case basis.