General Conditions of Sale

General Conditions of Sale

We ask that you read these General Conditions of Sale (hereinafter referred to as “GCS”) before making purchases on our website.

Applications

These conditions of sale apply:

  • to all products and/or services provided by Esfera Dourada, Lda, headquartered at Largo 1º de Novembro, 22 Loja — 2710-496 Sintra — Portugal, NIPC 515 686 948, telephone number 00351 214 932 062 (call to the national landline) and the email esfera@esferadourada.com (hereinafter referred to as “Esfera Dourada”), to be purchased on the website www.esferadourada.com (hereinafter referred to as “website”).
  • to the sales agreement between Esfera Dourada and any person, natural or legal, aged 18 (eighteen) years or older — persons under that age must have authorization from their representatives — who places orders through the site. When making purchases on the site, you are automatically accepting our GCS.

These GCS must be accepted and are binding — if the user does not accept them, he will not be able to place orders or take advantage of other services —, with Esfera Dourada reserving the right to change or modify them, unilaterally, with the new wording becoming binding as soon as it is published on the website or when the user is made aware of it, whichever occurs first.

Online purchase process

Esfera Dourada has a virtual store available on its website that offers a wide range of products and services.

Our products. How to find them?

From the homepage, you will be able to access all the product categories found in the “online store” tab. Furthermore, once you click on a product category, you’ll be able to access a list of its subcategories.

You’ll also find products on the website through the magnifying glass, “search for nature’s treasures” where you only have to enter the keyword (it can be the name of the product, characteristics and even incomplete words).

All products have a detailed sheet, which includes a photograph, name, description and price with taxes included. The images presented are for illustrative purposes, so the product description should be taken into account.

Esfera Dourada cannot be held liable for any typographical errors.

The images presented are not contractual and may not correspond to the products.

Purchase on the Esfera Dourada website

To be able to buy on the website, prior registration is not necessary. You will have to select the desired products, access the shopping basket and complete the purchase process.

Once the order is completed, we will ask for some personal data, such as contacts, delivery address, shipping method and payment method. You must also accept the GCS before proceeding with your order.

All prices shown are final prices and include the Value Added Tax (VAT) in force in Portugal at the time of making the purchase, without prejudice to the user having access to itemized information on the price of the product.

How is the order processed?

After clicking on the “Checkout” button, you must enter a series of data in the following form:

  • Data billing.
  • Delivery data, if they are not the same as those indicated in the billing data.
  • Shipping method, if applicable.
  • Payment method.

Subsequently, you must finalize the order, accepting the GCS and clicking on “Finalize order” to process your order.

Upon completion, you will receive an email confirming receipt of your order.

The maximum period for processing the order is 30 days.

Product availability

The selection of products offered through our online store is valid both for the products that are visible and for the available stock limits. As this is electronic commerce, the stock is updated online, so it may happen, eventually, during the purchase process, that the stock of the product runs out, therefore, under these terms, you cannot continue with the purchase you have started.

If there is any stock outage or occasional unavailability of an item, Esfera Dourada will contact the customer as soon as possible to inform him of the incident and indicate a new delivery period or, in the event that it is not possible to deliver the desired product, find the most suitable solution. In any case, a delay in delivery in relation to the indicated deadlines does not entitle the customer to claim any refund or compensation.

Order Acceptance

All items displayed on the site are subject to stock availability. If any product is not available after placing the order, you will be notified by email or telephone. At that moment, you will be presented with the possibility of replacing the missing product with a similar one, withdrawing the product in question from the order or canceling it, making the corresponding refund, in case you have already made the respective payment, at a maximum period of 30 days.

The prices on the product sheets are the selling prices, they can be changed without prior notice and are valid except for typographical errors. As such, if there is any error with them, Esfera Dourada will inform you of the same and will not proceed with your purchase without your consent.

The acceptance of the order will be made by mail, after confirming the availability of the ordered products and their respective price. Only with the sending of this mail will the sales agreement be formed between Esfera Dourada, through its website, and the buyer; of which these conditions of sale form part.

After accepting the order, Esfera Dourada will send it within a maximum period of 30 days.

Esfera Dourada reserves its right to be able — at any time and without prior notice — until the formation of the sales agreement with the customer, changing the indicated prices or withdrawing all offers in force.

Transport and Shipping Costs

Shipping and/or handling costs are not included in the price. They will be calculated and presented to the customer before finalizing their purchase, depending on the shipping address, the order and the transport company chosen by the customer, when applicable.

Regarding the shipping method selected by the customer, delivery times are established with transport operators. These deadlines only include working days, from Monday to Friday. Shipping times are indicative and deliveries will be made during the day.

The value of the shipping costs will be indicated in detail before finalizing the order.

Esfera Dourada is not responsible for delays in delivery caused by:

  • Incorrect or incomplete address;
  • Non-indication of contact telephone number;
  • Strikes by transport companies;
  • Adverse weather conditions;
  • Other factors unrelated to the Esfera Dourada;

If there are no external defects in the packaging upon receipt of the order, but inside it due to transport, the customer has the duty to notify the transport company within 24 hours and contact Esfera Dourada. Otherwise, we will assume that the product has been accepted accordingly.

Once this period has passed, the transport company considers that the material sent is in perfect condition and is not responsible from that moment on for possible defects.

For each order placed by the customer, he must bear the shipping costs stipulated at the end of the order.

Payment options

Payment will be made upon completion of the purchase process and will be an indispensable condition for its formalization. In any case, the choice of payment method is made during the purchase process in the corresponding tab.

What payment methods can I use?

We accept the following payment methods:

  • Payment by MBWAY;
  • Payment by Multibanco Reference;
  • Payment by PayPal;
  • Payment by Credit Card and Debit Card, through PayPal;

The Secure Electronic Commerce system requires the card issuer to identify the cardholder before authorizing payment over the Internet.

The Secure Electronic Commerce system is based on the card issuer (bank or financial institution), identifying the cardholder before authorizing the online payment. Esfera Dourada has a credit or debit card payment system managed by PayPal. Thus, once this payment method has been selected, PayPal is responsible for charging the order and communicating with the bank or card issuer to authorize the payment.

We don’t perform cash-on delivery shipments

Vouchers and Discounts

Esfera Dourada reserves the right to deliver Gift Vouchers and/or Discounts to users and website visitors, as it deems appropriate.

In order to correctly use these same vouchers, you must indicate and enter the code when finalizing the order, Esfera Dourada will check its validity before confirming the payment.

Gift Vouchers and Discounts may be limited to single use, as will be specified in those cases. Gift and Discount Vouchers cannot be exchanged for cash. Discounts are not compatible with each other unless otherwise stated.

Esfera Dourada may carry out specific promotions whose purpose is to award vouchers to users who make a specific purchase, for subsequent purchases on the website, within the period of validity of the same. After this period, the voucher will no longer be considered valid.

Order cancellation

At the User’s request

The User may cancel his order by requesting it to Esfera Dourada through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After processing, the order follows the delivery process, no longer entering the Order Cancellation box, and is now considered a Return (see Return conditions).

For cancellation purposes, the User must provide the following data to Esfera Dourada:

  1. Order number;
  2. Data with which you placed the order and delivery address;

By Esfera Dourada’s decision

Esfera Dourada reserves the right not to process orders when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer.

Esfera Dourada reserves the right not to process any order or refund, in the event of errors in the values and/or characteristics of the products, when these result from technical problems or errors unrelated to Esfera Dourada.

What if I didn’t make the purchase, what should I do?

Esfera Dourada does not process or have access to credit and debit card data. If you verify that an undue or fraudulent charge has been made to the card used for the purchase, you should immediately contact your bank. In addition, your bank and/or companies issuing payment methods may adopt anti-fraud measures that will allow the refusal of certain types of operations.

Returns

In accordance with the regime for distance and off-premises contracts, provided for in article 17 of Decree-Law no. 24/2014, of February 14, in its current version, the customer has a maximum of 14 calendar days to return the product or cancel, without additional costs or need to specify a reason.

However, it will not be possible to request the right to return goods that, by nature, cannot be sent back or are likely to deteriorate or quickly become out of date and sealed goods that cannot be returned, for reasons of health protection hygiene when opened after delivery;

Depending on current regulations, returns, among others, of food supplements, essences, essential oils, floral waters, etc., will not be accepted, as control over their quality will be lost.

For hygiene and safety reasons, returns of any type of hygiene or body care products or accessories will not be accepted, in accordance with current legislation.

Due to the nature of the products mostly sold on the website, the customer should always contact Esfera Dourada in order to make sure that the items in question can be returned.

In the event of a return, the buyer has a maximum of 14 calendar days to return the items, which must be well-packed and accompanied by proof of purchase. Shipping costs are the responsibility of the buyer and must be paid directly to the company carrying out the transport, at the time of return.

You must always return the products in their original packaging, in good condition, and with all accessories, under penalty of being held responsible for the depreciation of the articles or even having their acceptance refused.

After receipt by Esfera Dourada of the returned products, the good condition of the same is checked, if everything is in order and the return is accepted, the issue of the credit note or refund of the value of the item will be made on a date to be agreed.

Examples of non-refundable products

  • Goods made to customer specifications or customized;
  • Goods that by their nature cannot be sent back or are likely to deteriorate or quickly expire;
  • Sealed goods that cannot be returned, for reasons of health protection or hygiene, when opened after delivery;
  • Goods which, after delivery and by their nature, are inseparably mixed with other articles;
  • Books, newspapers or magazines, among others;
  • Audio and video recordings, disks and computer programs, if the inviolability guarantee seal has been removed;
  • Supply of digital content not provided in physical form if:
    • Its execution begins with the prior and express consent of the consumer;
    • The consumer recognizes that his consent implies the loss of the right of free withdrawal;

Warranty

In cases where the warranty is exercised, Esfera Dourada will promote the replacement or refund of the item in the shortest possible time, with a maximum period of 30 days from the date of written confirmation that the customer is entitled to the warranty of the product.

The refund of any amount paid will be made via a gift voucher for the value of the product.

All equipment available in the Store is duly certified by competent international entities.

Equipment and accessories have a warranty period defined by the manufacturer, which in legal terms is at least 3 years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.

Equipment that has exceeded the period defined by the manufacturer or has defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, poor handling, infiltration of moisture/liquids, the use of non-original accessories and technical interventions by unauthorized personnel, are considered outside the warranty conditions

If the equipment breaks down, and if it is covered by the warranty, the User can contact our teams to obtain additional information.

The accessories covered by the warranty, which breaks down, must be sent, with the respective proof of purchase and/or the warranty, to the manufacturer.

If the User opts for other forms of return, the respective shipping costs will be their responsibility. The latter must always request the CTT Receipt that proves the shipment of the order.

Processing of personal data

Esfera Dourada complies with the applicable legislation on the protection of personal data, in accordance with Regulation (EU) 2016/679 of the Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter RGPD) and the Law n.º 58/2019 of August 8, which ensures the implementation, in the national legal order of the RGPD.

Responsibilities

All products and services marketed on the Esfera Dourada website are in accordance with Portuguese law.

The website has adequate security levels, however, Esfera Dourada will not be responsible for any damage suffered by the User and/or by third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or faults caused by the communications network or communications services provided by third parties, by the computer system, by the modems, by the connection software or any computer viruses, resulting from the download of infected files, containing viruses or other properties that may affect the User’s equipment.

If, for any reason of error or difficulty in accessing the website, it is impossible to provide the service, Esfera Dourada will not be responsible for any damages.

Data and information queries carried out within the scope of this service are presumed to be carried out by the User, and Esfera Dourada declines any responsibility resulting from the abusive or fraudulent use of the information obtained.

Esfera Dourada will not be responsible for any loss or damage caused by abusive use of the service that is not directly attributable to it as fraud or gross negligence.

Esfera Dourada is not responsible for prejudices, losses or damages arising from non-compliance or defective performance of the service when this is not directly attributable to it as fraud or serious negligence, not being responsible in particular for errors, omissions or other inaccuracies regarding the information provided through the service; damage caused by fault of the User or third parties, including violations of intellectual property, non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or non-compliance, or defective compliance, resulting from the occurrence of force majeure situations , that is, situations of an extraordinary or unpredictable nature, outside Esfera Dourada and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of Esfera Dourada that prevent or jeopardize the fulfillment of the assumed obligations.

Esfera Dourada does not guarantee that:

  1. the service is provided uninterrupted, it is secure, error-free, or runs infinitely;
  2. the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to the same;
  3. any material obtained in any way through the use of the service is used at the risk and expense of the User, who is solely responsible for any damage caused to his system and computer equipment or for any loss of data resulting from this operation;
  4. no advice or information, whether oral or written, obtained by the User from or through the service will create any warranty that is not expressed in these GCS.

The User accepts that Esfera Dourada cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if it has been previously notified by the User about the possibility of the occurrence of such damages), resulting from:

  1. the use or impossibility of using the service;
  2. the difficulty of obtaining any substitute goods/services;
  3. of unauthorized access or modification to personal databases.

Customer responsibility

The customer must make lawful use of the services, respecting the legislation in force and not interfering with the rights and interests of third parties.

The customer guarantees the veracity and accuracy of the data provided when filling in the contract forms, avoiding causing damage to Esfera Dourada as a result of their lack of veracity.

In addition, it undertakes to enable the delivery of the requested order at the indicated address where it can be received within the usual time for delivery of goods (Monday to Friday from 9:00 am to 14:00h and from 16:00h to 19:00h).

Failure to comply with any of these GCS may lead to the cancellation of orders by Esfera Dourada, without the need for prior notice to the customer and without the customer claiming their right to any compensation.

In the event that the shipment is refused by the customer, Esfera Dourada will not reimburse the value of shipping costs, any costs of returning the order, or items that may have been damaged during the return, these being assumed by the customer.

Communications

Without prejudice to the provisions of the following point, Esfera Dourada may change the sale of articles, the provision of the service and/or the technical conditions for providing the same, as well as the respective rules of use, disclosing to the User, when possible, such changes at least 15 (fifteen) days in advance, Esfera Dourada reserving the right to change or modify them, unilaterally, with the new wording becoming binding as soon as it is published on the website or when the user is made aware of it, whichever comes first.

The current version of these GCS and their annexes is available on the website.

Technical Settings

Whenever Esfera Dourada deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate network settings.

Without prejudice to the provisions of the previous points, and considering the innovative nature of the service and the technological evolutions to which it may be subject, Esfera Dourada may change its technical configurations whenever this proves to be convenient to adapt it to eventual technological developments.

However, Esfera Dourada does not guarantee the User any upgrades or improvements to the Service.

Some upgrades or new features of the service may only be available against payment and/or subscription by the User, as well as acceptance, by the same, of Specific Conditions of Use.

Industrial and Intellectual Property

The intellectual and industrial property rights over the works, brands, logos or any other information susceptible to protection, contained on the website are exclusive to Esfera Dourada or third parties, unless otherwise indicated.

The unauthorized reproduction, distribution, commercialization or transformation of such works, brands, logos, etc., constitutes an infringement of the intellectual and industrial property rights of Esfera Dourada or the owner thereof, and may give rise to the application of judicial or extrajudicial actions. corresponding to the exercise of their rights.

In addition, the information that the customer can access through the website may be protected by industrial, intellectual or other property rights. Esfera Dourada will not be responsible in any case for infringements of such rights that the user and/or customer may commit.

Legislation and Complaints

These GCS are governed by Portuguese law.

The User may submit any contractual conflicts, to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Esfera Dourada of acts and omissions that violate the legal provisions applicable to the acquisition of goods and services.

Any dispute, controversy or claim arising out of or relating to these GCS, including their conclusion, interpretation, execution, breach, termination or nullity, shall be resolved by the courts of Lisbon — Portugal, which shall have exclusive jurisdiction.

GCS v1.0 — 10/04/2021

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