GENERAL TERMS AND CONDITIONS
The User must carefully read these General Terms and Conditions regulating the access and use of the website www.lojaestorilopen.com, as well as all its subdomains (hereinafter “Website”), operated by 3 Love, Lda., with registered head office at Rua dos Ciprestes, no. 48, Office Building Estoril, 2765-623 Estoril, Portugal, company with the registration number no. 513 432 337, which is also its registration number in the Lisbon Commercial Registry Office, with a share capital of capital EUR 5.000,00 (hereinafter referred to as “3 Love”).
Use of this Website shall be governed by these General Terms and Conditions, implying its use the acceptance of the same by the User. If you reject, as a User, these General Terms and Conditions, you must immediately cease using it.
Access to and use of the Website is made available exclusively for personal use and to order 3 Love products (the "Products"), to access the services offered by 3 Love or to obtain information about the same, and are therefore not related with any commercial, business or professional activity of the User.
3 Love reserves the right to at its own discretion evaluate the User's compliance with these General Terms and Conditions. The infringement of the General Terms and Conditions may imply the withdrawal of the authorisation of use granted by 3 Love, in the terms provided herein, as well as the exercise of its rights to the maximum extent permitted by law.
The User undertakes to indemnify and hold harmless 3 Love and its legal representatives, partners and employees from any damages, liabilities, claims, including expenses and costs of representation, requested by a third party as a consequence of use of the Website in terms that are not in accordance with these General Terms and Conditions and / or due to a breach of the conditions set forth therein, and / or resulting from a breach of the representations and warranties contained in these General Terms.
To create an account the User must be over 18 (eighteen) years old and click on the "MY ACCOUNT" icon in the upper left corner of the website and enter an email address. When the User does so, the User will be directed to a menu where you will have to enter your personal data for registration and to create an account, being these the first name, last name, e-mail address and a password. User will automatically receive an email that will confirm the creation of the account. Once the User completes this process, the User can manage the addresses, order history, credit notes and personal data.
The User can also place an order without registering. To do this, the User can simply fill in the billing and shipping details of the order. However, by registering in the Online Store available on the Website the User can place an order without having to fill all its data again in a future purchase and monitor the status of its orders.
To edit the account, the User will have to access the area "MY ACCOUNT" and click on the "CHANGE" icon next to the field to be altered. At the end, the User must select the "RECORD" option.
Users must update their personal data whenever there is any change to the same.
The submission of orders, regardless of the creation of a personal account does not exempt the User from reading of the Terms and Conditions of Sale.
Authorisation of Use
Without prejudice to other provisions provided in these General Terms and Conditions, 3 Love authorises any User to use this Website only for personal or informational purposes, as provided in these General Terms and Conditions. The authorisation for use may be revoked by 3 Love at its discretion and at any time. In accordance with the law and these General Terms and Conditions, you may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or modify the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of the Website. By accessing the Website, you acknowledge and accept that the content of the Website may be incomplete, inaccurate, not up-to-date, or that it may not meet your needs and requirements.
Content and Limitation of Liability
Access and use of the Website are activities performed by the User.
The User is solely responsible for the use of the Website and its contents. 3 Love is not responsible or liable for any use of the Website in terms not in compliance with the legal provisions in force by the User.
In particular, the User is solely responsible for the communication of incorrect, false, or third-party information, without his or her consent, as well as for their incorrect use.
The contents of the Website may contain inaccuracies or typos. 3 Love is not responsible or liable in any way for any inaccuracies or errors, any damages caused or resulting from the use of information derived from the Website or through the Website by the User. The User is the sole and exclusive responsible for the evaluation of the information and the contents available through the Website.
The Website and all information and content published therein may be amended by 3 Love at any time, from time to time and / or without prior notice.
Considering that any content that may be downloaded or otherwise obtained, any results from a free decision by the User and any liability for damage to the computers or any other electronic devices or data losses resulting from download operations made by User, shall be from the sole responsibility of the User and shall not be charged to 3 Love. 3 Love assumes no responsibility for damages arising from the inability to access the services provided through the Website or for damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of contents, Internet-related issues, services or telephone and / or telematics connection, unauthorized access, data changes, or related to the non-existence and / or deficient functioning of the User's electronic devices.
In the case of creation of a personal account, the User is responsible for the safe and correct use of his / her credentials, which allow access to the reserved area of the services. The User is the sole responsible for providing specific information, which must be correct and updated. The User may not choose a User name belonging to a third party in order to use his or her identity. The User may not, in the same way, use the User name of a third party without his express consent.
The User must guarantee the confidentiality of his / her password and should not share it with third parties.
The User is solely and exclusively responsible for any actions performed through his / her personal account, directly or through third parties authorised by the User. 3 Love may revoke the authorisation to use, at its own discretion and at any time, if it identifies any abusive, fraudulent or illegal act.
3 Love has taken appropriate technical and organisational measures to safeguard the security of the services it provides through the Website to ensure the integrity of electronic traffic data related to unauthorised use or knowledge, as well as to avoid risks of dissemination, destruction or loss of data and confidential or non-confidential information of the User, appearing on the Website, or related to access – unauthorised or in breach of applicable legal provisions – to such personal data and information.
3 Love does not guarantee and cannot guarantee that the Website is free from viruses or any other elements that may negatively affect its use.
Website Access, Interruption and Suspension
3 Love makes every effort to provide continuous access to the Website, however, such access may be suspended, limited or interrupted at any time regardless of the cause.
Access to the Website may be limited from time to time to enable the retrieval, maintenance or introduction of new features or services.
The access to the Website may also be interrupted in cases of "Force Majeure" considered as any cause that disrupts the performance of the Website and that has any type of impact on the fulfillment of any obligations arising from or attributable to acts, events, omissions or accidents beyond reasonable control, and in particular, but not limited to, strikes, terrorist action, invasion, war, threat or war preparation, fire, power failure, software, hardware or telecommunication or other network failures, interruptions or breakdowns, explosions, storms, floods, earthquakes, epidemics or other natural disasters, any law, regulation, rule or decision of a State or a court.
In any case, 3 Love will use its best efforts to regain access as soon as possible. 3 Love reserves the right to block access to any material and / or remove any material that may, in its discretion, breach these General Terms and Conditions.
3 Love reserves the right to terminate the accounts of Users who infringe these General Terms and Conditions, including in cases where it verifies that the User resort to an IP address proxy in order to cover up the use of multiple accounts, or intends to be identified as being in a different country from which it is effectively located, or causes disruption to the functioning of the Website by any mean.
Intellectual Property Rights
All rights are reserved. The Website and all its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video clips or audio or marketing texts as well as trademarks, logos, domain names, and any other elements that may be covered by property rights (including source codes) and / or other intellectual property rights (hereinafter referred to as "Material"), are the property of 3 Love or third parties and are protected against use, copy or unauthorised disclosure by national laws and international treaties relating to Intellectual Property Rights.
Nothing in the General Terms and Conditions and / or content contained on the Website may be construed to imply, granting, accepting or otherwise using the right to use any Material in any way without the prior written consent of 3 Love or the third party owner of the Material or the intellectual property rights published on the Website.
The use, copying, reproduction, amendment, republishing, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of the same nature, are prohibited.
As a Website User, you agree not to use the Material for any illegal purpose and to not violate the rights of 3 Love.
The User may, however, view and display the contents of the Website and / or the Material on the screen of a computer or other electronic device, store such content in electronic form on the disk (but not on a server or on an Internet-connected memory device) or a print of such content for your personal, non-commercial use, but you must retain all information relating to intellectual property rights.
Access to the Website does not give the User any right to the content made available by 3 Love.
Hyperlinks to Other Websites
In the event that the Website makes hyperlinks to third party websites or to content made available by third parties ("Other Websites"), 3 Love hereby declares that the provision of hyperlinks to such Other Websites is included solely for informational purposes only and for the convenience of the User. 3 Love does not control the Other Websites and therefore is not responsible for such Other Websites or for the content or products that Other Websites (including without limitation, the reference to social networks) and is not liable for any damages or losses that may arise from the use of Other Websites by the User, as well as the processing of personal data. Access to any other Website, through an existing hyperlink on the 3 Love Website, will be at your sole risk and responsibility.
The User should therefore pay particular attention when connecting to Other Websites through hyperlinks on the 3 Love Website and carefully read the respective terms and conditions and privacy policies.
Declarations and Warranties
The User declares and warrants that:
has read and understood these General Terms and Conditions;
will not reproduce, duplicate, copy, sell, resell or otherwise exploit the website or its contents commercially or in any way, nor will it use or reproduce the trademarks or any intellectual property rights of the 3 Love Website;
will not publish or use false, libellous or defamatory information;
will refrain from using, directly or indirectly, the services or the Website for purposes contrary to the law or disagree with these General Terms and Conditions;
will not propagate virus, spyware, adware, rootkit, backdoor or Trojan virus or other similar computer threats;
will not use software or other automatic or manual mechanisms to copy or access control of the Website.
Terms and Conditions of Sale
To consult the terms and conditions related to orders placed through the Website, the User must read the Terms and Conditions of Sale.
In any provision is deemed null and void in these General Terms and Conditions, the same shall be deemed to be non-written and all the other provisions will remain in full force.
These General Terms and Conditions will be governed by Portuguese law and will be interpreted in accordance with Portuguese law. Any dispute arising out of or in connection with these General Terms and Conditions, in the absence of an amicable settlement negotiated between the parties, shall be settled by the Lisbon Courts, with express waiver of any other.
You may contact the Customer Service Department for any questions regarding the Terms and Conditions or for any questions regarding the use of the Website, via the following email address email@example.com.
TERMS AND CONDITIONS OF SALE
The User must carefully read these Terms and Conditions of Sale that regulate the purchases and sales made through the store available through the website www.lojaestorilopen.com (hereinafter "Online Store"), as well as all its subdomains (hereinafter "Website"), Operated by 3 Love, Lda., With headquarters at Rua dos Ciprestes, n.º 48, Office Building Estoril, 2765-623 Estoril, Portugal, corporate entity number 513 432 337, which is also its registration number with the registered capital of EUR 5,000.00 (hereinafter "3 Love").
Reading these Terms and Conditions of Sale does not excuse the reading of the General Terms and Conditions.
Acceptance of Terms and Conditions of Sale
The agreement between 3 Love and the User (hereinafter "Customer") will be deemed to have been concluded upon acceptance, albeit in part, of the order by 3 Love. By submitting an order, by any means available for the purpose, the Customer acknowledges having read all the information contained in this document and / or during the purchase process and declares to accept all of these Terms and Conditions of Sale.
If the Customer is a consumer (according to article 2, no. 1 of Law no. 24/96, of July 31), the contract will be considered concluded when the order is completed through the means available online.
Customer's rights relating to compensation or reimbursement of expenses, as well as any contractual or extra-contractual liability for damages, direct or indirect, to persons or property, caused by the non-acceptance of an order, in whole or in part, by 3 Love, are expressly excluded.
The Customer may only purchase the Products included in the electronic catalogue made available on the Website, as detailed in the corresponding information form. It is expressly stated and accepted that the images accompanying the form describing the Product may not be perfect and fully representative of the characteristics of the product, and may differ in colour, size and include Complementary Products. All information in support of the acquisition should be considered simply as generic informational material, not related to the actual characteristics of a particular Product. The Customer may request additional information at any time, using the contacts mentioned in these Terms and Conditions of Sale.
The actual receipt of the order is confirmed by 3 Love by e-mail, sent to the e-mail address provided by the Customer. Confirmation via email will include the date and time of order execution and the "Customer Order Number", which should be used in future communications with 3 Love. The message will include all data entered by the Customer, who will be responsible for verifying its correction and, if necessary, will immediately communicate the necessary changes, in the terms described in these Terms and Conditions of Sale.
In case of non-acceptance of an order, 3 Love undertakes to inform the Customer immediately.
Price and Method of Payment
3 Love reserves the right to change prices at any time. However, 3 Love agrees to apply the rates and prices indicated at the time of making the purchase order.
In the event of a computer, manual, technical or other error, which causes a substantial change not foreseen by 3 Love in the retail price, in such a way that it becomes exorbitant or manifestly derisory, the request for will be considered invalid and void.
The prices and Products available on the Website are only valid for purchase orders made through the Website.
The Customer may pay the price, which already includes the fees and taxes associated with the purchase of the Products and the delivery expenses, through:
• ATM Reference: Choosing this option generates a reference for payment in the ATM or your Home Banking box. You must then enter the Entity, Reference and the Total Amount of the order in the Payments > Purchases Payments option. The Customer has three (3) days to make the payment, otherwise the order will not be confirmed and consequently cancelled.
• Visa: Payment by Visa Card requires the input of valid credit card data. If the information is not valid, an error message will appear, making it impossible to complete the purchase. The total value of the order is automatically charged.
• Master Card: Payment by MasterCard Card requires the input of valid card data. If the information is not valid, an error message will appear, making it impossible to complete the purchase. The total value of the order is automatically charged.
• MB Way: In order to use this payment method you will need to download the Mbway App, as well as confirm this method of payment in an ATM. After completing this process, choosing the Mbway option will need to enter your mobile number at checkout and authorise payment in your Mbway App in the "notifications" area. After your authorisation, the order will be confirmed. If you do not authorise, the order will be cancelled after 30 (thirty) minutes.
Methods, Delivery Times and Expenses
To buy in the Online Store simply add the Products you want to cart in the upper right corner of the Website, indicate a shipping address and billing and choose the payment method. Your order will be shipped directly to the address indicated on the delivery date mentioned on the order confirmation.
You can order the Millennium Estoril Open Products from anywhere in the world in the Online Store. The Products will be shipped from PORTUGAL. If the value of the country of delivery is increased.
The last step of the purchase process consists of a confirmation message, which indicates the general data of your order. At the same time, the Customer will receive an order confirmation email, with all the details of the order confirmation. If Customer does not view this last message or receive the order confirmation email, it means that your purchase has not been completed. In this case you should contact our Customer Service Department through the following e-mail: firstname.lastname@example.org.
Product prices include all taxes and fees. All prices are in Euro. Payment for the Products by the Customer will be made in the terms defined when ordering. No amounts will be payable to 3 Love that are not specifically included in the invoice.
If no one is at the address indicated for sending the order, the CTT forward the order back to the office in the area of the residence of the Customer, leaving in his mailbox an unsuccessful delivery attempt notification. The Customer must go to the CTT counter indicated in the notification with the corresponding receipt and accompanied by his identification document.
For the purposes of delivery time, the following periods are foreseen, except in cases of Force Majeure situations:
• Shipments within Portugal and Spain: 3 (three) business days;
• Shipments within Europe: 4 (four) to 5 (five) business days; and,
• Shipping outside Europe: 6 (six) to 10 (ten) business days.
For the purposes of the value of expenses with the sending of the orders, the consignments destined to the collection in the offices 3 Love are gratuitous.
For shipping by courier the value of the expenses will depend on the quantity of Products that the Customer orders at one time and the destination of the order. For all intents and purposes, the value of expenditure will be as follows, taking into account the potential variations already mentioned:
• Shipments within Portugal: 3.10 Euros;
• Shipments outside Portugal: 12.20 Euros.
Despite all our verification efforts, it is sometimes possible to have a stock break. In this case our Customer Service Department will contact you to communicate the said breakdown of the article (s) and proceed with the respective reimbursement of the amount.
At the time of delivery of the Products ordered, the Customer shall verify that the Products delivered correspond to the order form sent in advance by e-mail, and any discrepancies must be immediately communicated.
Right of Withdrawal
As a consumer, the Customer has a period of 14 (fourteen) days from the day he or she acquires the physical possession of the Product (s) or of the day on which it acquires physical possession of the last Product , in the case of several goods ordered through a single order and delivered separately, to proceed with the return of your order and without having to indicate the reason, according to the provisions of paragraph 1 of article 10 of the Decree-Law No 24/2014 of 14 February.
If so, the Customer may complete and send via electronic form the free-form form provided for in Decree-Law no. 24/2014 of February 14 or any other unequivocal statement of withdrawal.
The Customer may exercise the right of withdrawal provided that the Product is in the same condition as it was sold, in original packaging and accompanied by all the accessories that constitute it. You may do so no later than fourteen (14) days from the date you informed 3 Love of the decision to terminate the contract by contacting the Customer Service Department by sending an email to the email address electronic email@example.com.
The aforementioned resolution will not entail any additional costs unless the Customer requests a different and more costly mode of delivery than the commonly accepted and less costly modality proposed by 3 Love.
They are excluded from the right of withdrawal of the contract, and the consumer cannot freely resolve the following contracts:
- Supply of goods made according to the consumer's specifications or manifestly personalised;
- Supply of goods which, by their nature, cannot be returned or are liable to deteriorate or become out of time;
- Supply of sealed goods not subject to return for reasons of health protection or hygiene when opened after delivery;
- Supply of goods which, after delivery and by nature, are inseparably mixed with other products;
- Provision of audio or video recordings or sealed software, to which the consumer has withdrawn the seal of inviolability after delivery;
- Provision of a newspaper, periodical or magazine, except for subscription contracts for the sending of such publications.
The articles commercialised by 3 Love in the Online Shop, to Customers qualified as consumers, are covered by the legal guarantee regime, in accordance with the provisions of article 5 of Decree-Law no. 67/2003, of April 8, with the changes introduced by Decree-Law no. 84/2008, of May 21.
When the Product and / or the packaging are damaged during the delivery, 3 Love will exchange the Product:
for another equal product,
unless the Customer requests the exchange for a different Product, but of equal or greater value.
The Customer must check the packaging and the Product at the moment of delivery and immediately submit a complaint to the carrier if they have signs of being damaged.
The exchange must be previously communicated to the Customer Service Department of 3 Love, through the email firstname.lastname@example.org, indicating the order number, as well as the Products to be exchanged, as well as the reason invoked according to the previous number.
The Products for exchange must be returned to the address that will be indicated by the Customer Service Department of 3 Love, the postal costs of the return being supported by 3 Love.
The exchange of Products may be made by post. In any case, the exchange will only be made if the Product and the packaging are returned together with the purchase invoice and the Product to be exchanged.
Information and Complaints
The complaints must be sent to 3 Love, by registered letter with notice of receipt to the address Rua dos Ciprestes, n.º 48, Office Building Estoril, 2765-623 Estoril, Portugal or to the email address email@example.com.
The sale agreement entered into between the Customer and 3 Love shall be deemed to have been entered into in Portugal and shall be governed by Portuguese law. In the absence of an amicable agreement between the parties, the respective conflicts and disputes of any nature relating to the formation, execution or interpretation of this Agreement shall be finally settled by the Lisbon Judicial Courts, with express waiver of any other.
Alternative Dispute Resolution
In the event of a dispute, the consumer may have recourse to a Consumer Dispute Resolution Entity:
• CNIACC - National Center for Consumer Conflict Information and Arbitration
Faculty of Law of Universidade Nova de Lisboa - Campolide Campus
• CIMAAL - Center for Information, Mediation and Arbitration of Consumer Conflicts in the Algarve
Building of the Nest of Companies - Estrada da Penha 8005-131 Faro
• Center for Consumer Conflict Arbitration of the District of Coimbra
Av. Fernão Magalhães, n.º 240, 1º
• Arbitration Center of Consumer Conflicts of Lisbon
Rua dos Douradores, 116, 2º
• Contracts signed in the Autonomous Region of Madeira
Rua da Figueira Preta, nº 10, 3rd floor
• Porto Consumption and Arbitration Information Center
Rua Damião de Góis, 31 - Shop 6
• Vale do Ave Consumer Conflict Arbitration Center
Rua Capitão Alfredo Guimarães, nº 1
• Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)
BRAGA: Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé)
4700 - 030 Braga
VIANA DO CASTELO: Av. Rocha Paris, nº 103 (Edifício Vila Rosa)
4900 - 394 Viana do Castelo
In the case of consumer litigation for online contracts, the consumer may use an online dispute resolution (RLL) system, the ODR Platform (online dispute resolution), which has the power to resolve litigation concerning obligations contracts resulting from sales contracts or online services. Access the Electronic Dispute Resolution Platform in the sales contracts at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT. For more information please refer to Portal do Consumidor (www.consumidor.pt).