Terms and conditions
1. Scope and Purpose of the General Conditions of the Store
1.1. These General Conditions, together with the order form and other elements referred to therein, are intended to regulate the contractual terms and conditions between the user of the website and which will govern the provision of the WEESDOM® Online Store.
1.2. The Service consists of providing access to the Online Store via the address www.weesdom.pt, which, in addition to providing information on a set of products and/or services, allows the User to order the products advertised therein electronically, under the terms and conditions described herein.
1.3. Orders for products must be made by users aged 18 (eighteen) or over. The elements and information transmitted by the User will have full legal effect, and the User will acknowledge electronic purchases, and the User may not claim the lack of signature as a reason for failure to comply with the obligations assumed.
1.4. The prices shown include VAT, at the legal rate in force, and may be changed without prior notice.
1.5. Only registered users may make purchases in the WEESDOM® online store, under the conditions described.
1.6. Orders shipped by WEESDOM®, which for any reason have not been delivered, must be claimed within 6 months after dispatch. After this period, they will be considered lost without any right to credit.
1.7. Any changes to the order information, after its processing, must be communicated by email and if the order has already been dispatched, additional costs may be charged.
1.8. Delivery times are indicative and do not confer any right to compensation if there is any delay in relation to these indicative times.
2. Product Information and Contents
2.1. WEESDOM® will make every effort to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur. If you purchase a product with characteristics different from those presented in the online store, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 9).
2.2. WEESDOM® will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes beyond WEESDOM®’s control or that are difficult to control, such as human or computer system errors, it will not be possible to make some of the products requested by the user available. If a product is unavailable after you have placed your order, you will be notified by email or telephone. At that time, you will be given the option of cancelling the order and receiving a refund, if you have already made the corresponding payment.
2.3. All information provided in the WEESDOM® online store may be changed at any time by WEESDOM® without prior notice.
3. Responsability
3.1. All products and services sold in the WEESDOM® online store are in accordance with Portuguese Law.
3.2. The Store has adequate security levels, however WEESDOM® will not be liable for any losses suffered by the User and/or third parties due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by modems, by connection software or any computer viruses or resulting from the downloading of infected files or files containing viruses or other properties that may affect the User’s equipment through the service. If for any reason due to an error in accessing the WEESDOM® Online Store website it is impossible to provide the service, WEESDOM® will not be liable for any losses.
3.3. Data and information queries made within the scope of this Service are presumed to have been made by the User, with WEESDOM® declining any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4. WEESDOM® will not be liable for any losses or damages caused by improper use of the Service that are not directly attributable to it as a result of willful misconduct or gross negligence.
3.5. WEESDOM® is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as a result of willful misconduct or gross negligence, and is not responsible in particular for (3.6.1) errors, omissions or other inaccuracies relating to the information made available through the Service; (3.6.2) damages caused by the fault of the User or third parties, including violations of intellectual property, (3.6.3) non-compliance or defective performance resulting from compliance with court decisions or administrative authorities or (3.6.4) non-compliance or defective performance resulting from the occurrence of extraordinary or unforeseeable situations, outside WEESDOM® and beyond its control, such as fires, power outages, explosions, wars, riots, civil unrest, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond WEESDOM®’s control that prevent or impair the fulfillment of the obligations assumed.
3.6. WEESDOM® does not guarantee that:
3.6.1. The Service will be provided uninterruptedly, will be secure, error-free or will function infinitely;
3.6.2. The quality of any product, service, information or any other material purchased or obtained through the Service will meet any expectations of the User in relation to it;
3.6.3. Any product obtained in any way through the use of the Service is used at the User’s own risk, and the User will be solely responsible for any damage caused to his/her computer system and equipment or for any loss of data resulting from this operation.
3.6.4. No advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty not expressly stated in these General Conditions.
3.7. The User accepts that WEESDOM® cannot in any way be held liable for any damage, including, but not limited to, damage for loss of profits, data, content, or any other losses (even if previously warned by the User about the possibility of such damages), resulting from:
3.7.1. The use or inability to use the Service;
3.7.2. The difficulty in obtaining any substitute goods/services;
3.7.3. Unauthorized access or modification of personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
4.1.1. Provide correct personal data and addresses;
4.1.2. Not use false identities;
4.1.3. Respect the imposed order limits.
4.2. If any of the data provided is incorrect, or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the User is responsible, and WEESDOM® declines any responsibility. Should the consumer breach any of these obligations, WEESDOM® reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by WEESDOM® to the same User; and also not allow the User future access to any or all services made available by WEESDOM®
4.3. The use of the products and services purchased for commercial purposes, in particular for the resale of goods, is expressly prohibited.
5. Order cancellation
5.1. At the User’s initiative:
The User may cancel his/her order by requesting this from WEESDOM® via email, stating the order number, which will be accepted as long as the order has not yet been processed. After processing, WEESDOM® will attempt to deliver the order, but the User has the option of not accepting it.
To cancel the order, the User must provide WEESDOM® with the following information:
1. a) Order number
2. b) Tax ID number used to place the order and delivery address
5.2. By decision of WEESDOM®:
WEESDOM® reserves the right not to process orders if it finds any inconsistency in the personal data provided or observes misconduct on the part of the buyer. WEESDOM® reserves the right not to process any order or refund if there are errors in the values and/or characteristics of the products, when these are due to technical problems or errors beyond the control of WEESDOM®.
WEESDOM® reserves the right to cancel orders whose payment is not made within 2 working days after the date of placement.
6. Returns and Refunds
6.1. The User, if acting as a consumer, may exercise the right of withdrawal without incurring any penalty, within 14 (fourteen) days from the date on which the consumer acquires physical possession of the goods. The consumer must return the goods to WEESDOM® in proper condition for use within 14 (fourteen) days from the date the withdrawal was communicated.
6.2. Upon receipt of the returned goods by WEESDOM®, the User will be refunded the amount paid for the order (as stated on the sales invoice). If a promotional discount code was used, that amount will not be refunded, meaning the reimbursement will only cover the amount actually paid.
6.3. Refunds will be processed after verifying the goods are in their original condition.
6.4. Return shipping costs shall always and entirely be borne by the customer.
6.5. The method of refund will correspond to the payment method used in the original order.
6.6. Returned goods must be properly packaged.
6.7. If any component of the sold item is missing, or if any part is not in excellent condition, no refund will be issued, and the product will be returned to the original shipping address.
6.8. All returned products must be sealed, in their original, intact packaging, and accompanied by the original invoice. All products are supplied sealed in tamper-proof packaging; therefore, products with signs of packaging tampering will not be accepted.
6.9. Returns sent with cash on delivery (C.O.D.) will not be accepted. Returns or exchanges will not be accepted for items that have been used.
7. Intellectual Property
7.1. The Store is a registered website and the Service provided by the website itself is the responsibility of WEESDOM®.
7.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
7.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property and other property protection laws, and therefore any use of such content may only occur with the express authorization of the respective owners.
7.4. The User undertakes to fully respect the rights referred to in the previous number, in particular by refraining from carrying out any acts that may violate the law or said rights, such as the reproduction, marketing, transmission or making available to the public of such content or any other unauthorized acts involving the same content.
8. Service Security Conditions
8.1. The User undertakes to comply with all applicable legal provisions, in particular, not to engage in or encourage the engagement of unlawful or offensive acts, such as the indiscriminate sending of unsolicited communications (spam) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications via automatic calling devices, and must also comply with the rules for using the Service, under penalty of WEESDOM® suspending or deactivating the Service in accordance with the terms provided for.
8.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that may be used by several users and, as such, is subject to computer overloads, and therefore WEESDOM® does not guarantee the provision of the Service without interruptions, loss of information or delays.
8.3. WEESDOM® does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unforeseeable nature, external to [NAME] and which cannot be controlled by it).
8.4. In the event of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is supported, WEESDOM® undertakes to regularize its operation as quickly as possible.
9. Suspension and deactivation of the Store Service
9.1. Regardless of any prior or subsequent communication, WEESDOM® may, at any time and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
9.2. WEESDOM® also reserves the right to immediately suspend or terminate access to the Service in the following cases:
9.2.1. When the User fails to comply with the terms of use referred to and others referred to in the General Conditions;
9.2.2. When WEESDOM® terminates access to the Store, upon prior notice 15 days prior to the date of termination.
9.2.3. The suspension or termination of the Service by WEESDOM®, under the terms of the previous numbers, does not imply the right of the User or third parties to any compensation or other compensation, and WEESDOM® cannot be held responsible or in any way burdened for any consequence resulting from the suspension, cancellation or termination of the Service.
9.2.4. In the situations described above, WEESDOM® will notify the User in advance so that he or she may, if he or she so wishes, safeguard the content of his or her order viewing area within 3 (three) business days from the sending of the email or the provision of the information on the Service’s main page.
10. Communications
10.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications sent to the User relating to the Service, including any changes to these General Conditions, may be sent to the User’s email address, by SMS or telephone contact.
10.2. The User agrees to receive any and all communications and/or notifications relating to the Online Store, to the address, contact telephone number and/or email address (“e-mail”) indicated in the order process. At any time, the User may request not to receive these communications and/or notifications through the Contact Form or by selecting the “Do not receive the Newsletter” option included in each Newsletter.
Technical Settings
10.3. Without prejudice to the provisions of the following paragraph, WEESDOM® may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.
11. Communication
11.1. Whenever WEESDOM® deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
11.2. Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, WEESDOM® may change its technical configurations whenever deemed appropriate to adapt it to possible technological developments.
11.3. WEESDOM® does not, however, guarantee the User that any upgrades or improvements will be made to the Service.
11.4. Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription by the User to Specific Conditions of Use.
12. Complaints
12.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as complain to WEESDOM® about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
12.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counting from the date the User becomes aware of the facts, and will be registered in the WEESDOM® information systems, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of receipt.
13. Payment methods:
13.1. The user of the WEESDOM® online store has the following payment methods available: Multibanco Reference, MbWay, Payshop, PayPal and Credit Card
14. Applicable Law
The Contract is governed by Portuguese law.
15. Disclaimer
The customer accepts that the use of the products and services offered by WEESDOM® shall be at their own risk.
The products sold in the WEESDOM® online store do not diagnose or treat any type of disease.
16. Legality of products
All products sold in the WEESDOM® online store always have a THC content of less than 0.2%, as established by current European legislation.