Terms and Conditions
The current “Terms and Conditions” sets the legal terms applicable to the use of our website. Please read the information contained in this document carefully and make sure you understand it before using our website and any service contained in it. The use of these services implies that the user accepts this document.
Definitions
1. The Selling Company – Portuguese company located at Avenida do Paimogo 36 – Fração D, 2530-214, Praia da Areia Branca, Portugal, VAT PT 217482074, which operates the brand referring to this website and sells its products online through this means.
2. Privacy and Data Protection Policy – document that describes the procedures that the Selling Company uses to collect and treat the data of its website users.
3. Terms and Conditions – Document that sets a number of rules (general or special) that, in association with the applicable legislation, regulates the use of this website.
4. User – individual who accesses of uses the current website.
1. Property of the Website
1.1 The current website (www.meggiemoo.pt) is the official website of the Selling Company online and its full content is property of the Selling Company.
1.2. The current “Terms and Conditions” regulates the access to this website, and to its use. By accessing any part or section of this website, using it, or any other service linked to it, the user states the acceptance of this “Terms and Conditions”, binding to all and any obligation found in the current document. Should you not accept this, please stop using this website immediately.
1.3. The Selling Company holds the right to change both the content and the services of this website, the same applying to the current “Terms and Conditions”, at any time, without previous warning, and the changes will be considered in force as soon as they are published in this website. The acceptance will be assumed should the user continue to use the website after the changes are in force. Therefore, the user is advised by the Selling Company to regularly check the “Terms and Conditions” to confirm any update and change.
1.4. The Selling Company also holds the right to, at any time and without prior warning, remove the website and its content, and also holds the right to, at any time and without prior warning, limit, deny or stop, partially or in full, access to the website to any user.
1.5. The rights mentioned in this section may be exercised by the Selling Company without the need to present any relevant reason.
1.6. The Selling Company is the owner of the on-line store found in this website.
1.7. By acquiring any good or service in this website, the user states that he is aware that he is signing a contract with the Selling Company, a company with the single registration number 217482074, seated at Avenida do Paimogo 36 – Fração D, 2530-214, Praia da Areia Branca.
2. Privacy
2.1 The personal data collected during the use, by an individual, of this website will be strictly treated in accordance with our “Privacy and Data Protection Policy”, which can be checked here.
2.2 This website uses cookies, in order to improve the user experience and offer a more efficient service. For more information, please check here our “Privacy and Data Protection Policy”.
3. Intellectual Property
3.1. All content published in this website are property of the Selling Company. However, there may be situations where the content published belongs to third parties. In those cases, such content will only be made available after the rightful owner authorizes it.
3.2. The copyright and related rights, as well as the rights of industrial property, that include all the information and content provided by the Selling Company, in the current website, as well as the software used to operate it, fully belong to the Selling Company and/or partners. The current list is not limited, and any other right/situation/content not disclosed is equally reserved.
3.3. “MEGGIE MOO” is a brand registered by the Selling Company. The use and registration of any brand registered by the Selling Company is strictly reserved the Selling Company, and the user is not authorized to register or use the name of a company, firm, brand or any distinguishing signals.
3.4. The user is not authorized to modify, publish, transmit, share, transfer, reproduce, distribute, play, reprocess, offer or exploit commercially, partially or in full, the content or services (including the software itself) of this website. However, the user may download or copy the content found in this website that may be downloaded, as long as they remain exclusively of personal use, respecting the copyright and other intellectual rights, and as long as there is a mention of the brand(s) described above in those reproductions.
3.5. Any conduct described in the first part of the previous number is strictly forbidden, with the exception for the cases where the Selling Company allowed it in advance, in written.
3.6. The Selling Company holds the right to act in court against the author of any of the conducts forbidden in the previous numbers.
4. Responsibility
4.1. The Selling Company does not guarantee to the user that the content or services provided in this website fulfil or are fit to fulfil any needs or expectations of the user. With effect, the website may contain imprecisions or errors, regardless of the fact that the Selling Company tries to act with the most possible rigour in its activity.
4.2. The Selling Company and partners make all efforts in the sense of avoiding mistakes in the content disclosed in the present website and assuring the safety of its users, as well as the reliability of the software used. However, it’s not possible to offer full guarantee regarding the adequacy, availability, absence of viruses (or other components that might be harmful), of the software and services found in this website, nor about the precision of the information found in it, and the Selling Company rejects any responsibility, for any damages, direct, indirect and/or accidental, occurring from the use of the current website; and also does not guarantee that any error found in the software will be corrected.
4.3. No advice or information obtained by the user through this website will give any guarantee not disclosed in these conditions. Thus, the Selling Company will not be held responsible by the user for any damage sustained by the user or other parties, resulting from the use or impossibility of use of this website or its content, or, due to delay, interruptions, errors and halt of communications and loss of information resulting from it, that may originate from factors outside of its control and that may not be attributable to it, namely any deficiencies or failures caused by the software system, modems, connection software or possible viruses or caused by the download of files infected or containing viruses or other properties that may affect the end equipment of the user, namely when the user does not install proper software to protect access, as well as in situations of unforeseen overload of the systems.
4.4. The Selling Company is not responsible for any damage sustained by the user and/or third parties that may be caused by technical issues during recording, viewing, or use that are not of its responsibility or caused by the lack of update of content. The Selling Company is also not responsible for any damage sustained by the user and/or third parties that may be caused by any unauthorized use of its servers and/or any and all information and data stored in them. The Selling Company will not be held responsible for the damage caused by potential situations of impossibility, delay, suspension or interruption when accessing this website due to technical issues or other reasons, also not assuring access to the website without interruptions or disturbance caused by technical issues.
4.5. Likewise, the Selling Company cannot be held responsible for any mistakes, deficiencies or inaccuracy of the content, information or services available in the current website.
4.6. The Selling Company cannot assure the full immunity of this website to hackers, viruses or other malware.
5. Registration
5.1. There is a possibility that the user will be asked to register in the website to be granted access to specific areas and to use functions, services or components.
5.2. By registering, the user must supply a valid e-mail address, which can be verified. The Selling Company will send the user a confirmation e-mail. In case of failure, the access to the personal area may be denied or halted. If the user is under 16 years of age, there will be a request for, at least, a contact of the parents or guardian, to confirm their consent.
5.3. The user states that he is responsible for assuring the confidentiality of the password chosen. The user also accepts the responsibility of limiting the access to the computer or other devices used for access to the website. The user will be the exclusive responsible, regarding the account, for any activity resulting from the use (active or passive).
6. Responsibility of The User
The user represents, declares and guarantees that:
A. No material sent to the e-mail addresses contained in the website (for example info@meggiemoo.pt; among other) will contain defamatory, offensive, vexing, pornographic, obscene, intimidator, racist, instigator to any practice of illicit action, or violating any third party right, including, as an example, any copyright.
B. The content of the user is submitted by people of legal age, and, should the user be a minor, all and any material submitted must be revised, authorized and consented by the legal guardian.
C. The user acknowledges and agrees that any and all element submitted by e-mail may be used by the Selling Company, in accordance to Copyrights and Associated Rights, Industrial Property, or Data Privacy and Protection, without any compensation or acknowledgment being owed.
D. Continuing with the line above, the user grants the Selling Company a global license, irrevocable, royalties free, not exclusive, which may be sub-licenced or transferable for use, reproduction, distribution, public use or display, transmit and publish.
7. Sale of Retail Goods and Services Through the Website
7.1. The current clause applies to the purchase and sale of goods and services. The Selling Company does business exclusively on European Union territory.
7.2. Contracts are celebrated through the website, electronically, in Portuguese, and the Selling Company will keep in archive any legally necessary documents for a period of 10 years after the order is placed, with the client having access to that data upon request by sending an e-mail to info@meggiemoo.pt, during that period.
7.3. The identity of the provider and the respective address, as well as essential characteristics and the prices of the goods and services made available will be presented in the website.
7.4. Potential mistes made by the client during the order can only be corrected if the order as not been confirmed, by sending an e-mail to info@meggiemoo.pt. The intended correction will only be considered properly requested upon confirmation, in writing, by the Selling Company that the request was received.
7.5. Regarding expedition fees, the following must be taken into account:
7.5.1. The delivery of orders depends on the payment by the client of expedition fees valid at the time of the order and shall be received within between 8 to 14 working days.
7.5.2. The expedition fees include VAT at the applicable rate.
7.5.3. In expeditions to countries not part of the European Union, these will subjected to the payment of Customs Fees determined by the country of destination, with the payment being of the sole responsibility of the client. Should the order be returned to the Selling Company, by lack of payment of Customs Fees by the client, the client will pay for reshipping fees.
7.6. As for payment and delivery or execution conditions, depending of the type of product/service/content ordered, the following payment methods will be available: Credit Card (Visa or Mastercard/Eurocard), Paypal, Klarna, Mbway. The products will be delivered by mail or by carrier at the address indicated by the client during the order. Services and content will be delivered depending on their nature. If the products are not received and, for that reason, returned to the Selling Company, the client may request the products ordered at the seat of the Selling Company up to 30 days after the return, during business days, from 9:00 to 17:30, as long as the client presents the order note and a valid identification document. Alternatively, the client may, during that same deadline, contact, in writing, the Selling Company, stating the address to where the products should be reshipped, then proceeding with the payment, by bank transfer, of the shipping costs, which will be estimated; the order note and a valid identification document must be presented. After the 30 days are over, the Selling Company will consider the products abandoned by the client, and holds the right to destroy them or proceed in any other way. Please be informed that the warranty deadlines of re-expedited products may have expired, as the deadlines start counting on the moment of the first expedition by the Selling Company, to the address indicated by the client, so the Selling Company declines, in this event, all and any responsibility for any defect or unconformity the products may present.
7.7. The client may terminate the contract without paying any sort of indemnity and without reason up to 14 days after the delivery of the product. This right must be exercised in registered mail, with notification of reception, to the Selling Company, in the period stated above, stating the desire to terminate the contract. The right to terminate will only be valid and effective if the client returns the products in up to 30 days after the reception, in the original conditions they were expedited to the address indicated by the client, with a copy of the proof of purchase. The return of the contracted services, given their ephemeral characteristic, will only be accepted up to 24 hours starting from the reception of the confirmation of order from the Selling Company, if the service hasn’t been provided in that period. The client cannot exercise the right of free termination of contract regarding goods that were customized (meaning, any goods that were customized at the request of the client) and regarding goods or services that, for their nature, cannot be returned. When the right of free termination has been exercised by the client under the terms mentioned above, the Selling Company will reimburse the amount paid by the client by the means deemed fit. If the Selling Company decides to reimburse by means of bank transfer, the client must provide a IBAN (International Bank Account Number) to the Selling Company.
7.8. Offers and contractual propositions made available by the Selling Company are valid until the confirmation of the order by the latter.
7.9. Without prejudice to other forms of communication provided for in these conditions, all notifications made to the user under these conditions, including any changes to them, will be made to the e-mail given by the user during registration. If the user intends to contact the Selling Company, the e-mail address info@meggiemoo.pt can be used for that. Notifications will be considered made on the business day immediately after the day the notification is sent to the e-mail address given by the user during registration. The user agrees to inform the Selling Company of any change of address or e-mail address given during registration. Failure to comply with this obligation renders any change of address or e-mail address ineffective for the Selling Company, and all notifications made will be deemed successful.
7.10. The Selling Company informs of the existence of an extrajudicial mechanism for settling disputes regarding contractual obligations resulting from a contract of purchase and sale or online services, which consumers residing in the European Union may resort to, to settle disputes from online purchases made from traders established in the European Union. By clicking on the link https://webgate.ec.europa.eu/odr/main, the user will be directed to that platform and will have access to information from national bodies for alternative dispute resolution. Nevertheless, in compliance with the provisions of Law no. 144/2015, of September 8, The Selling Company provides the list of the national entities for alternative dispute resolution (ADR entities) available. The Selling Company also informs that the company is not a member of any of these ADR entities. List of ADR entities:
A. Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
http://www.cniacc.pt/pt/
B. Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
https://www.centrodearbitragemdecoimbra.com/
C. Centro de Arbitragem de Conflitos de Consumo de Lisboa
http://www.centroarbitragemlisboa.pt/
D. Centro de Arbitragem da Universidade Autónoma de Lisboa
https://arbitragem.autonoma.pt/
E. Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira
http://www.srrh.govmadeira.pt/
F. Centro de Informação e Arbitragem do Porto
http://www.cicap.pt/
G. Centro de Informação e Arbitragem do Vale do Ave
https://triave.eu/
H. Centro de Informação e Arbitragem do Vale do Cávado
http://www.ciab.pt/pt/
I. Centro de Informação, Mediação e Arbitragem do Algarve
http://www.consumidoronline.pt/pt/
7.11. The means of contact are those specifically mentioned in each point of these Terms and Conditions, in other cases preferably to the address info@meggiemoo.pt or via telephone number 00351 924 754 051. Contact services are available within days working hours from 9am to 6pm, Portuguese time.
8. Final Considerations
8.1. Should any provision of this document be declared null, ineffective or should it be annulled, that event will not affect the validity or effectiveness of the remaining clauses, which will remain fully in force, in accordance with Article 292 of the Civil Code.
8.2. Portuguese law will apply in all matters governed by these conditions.
Without prejudice to the cases duly referred to in Portuguese Law, Parties agree that the courts of the District of Lisbon will have jurisdiction to settle any dispute arising from the contract.
9. Non-Compliance with Terms and Conditions
The Selling Company holds the right to take all procedures deemed necessary to keep its rights in case of non-compliance or attempt at non-compliance of the present Terms and Conditions of transmission, including the possibility to deny access to this website.
Date of last revision: July 2024
