TERMOS & CONDIÇÕES
TERMS & CONDITIONS
1 – ABOUT US
General conditions of purchase and sale of products online, through the online www.chiacare.pt, owned by De Chiacare Uni. Lda, i'm sorry.
The following general terms and conditions are established for the contractual relationship, which is the purpose of buying and selling the products of "Chiacare Uni. Lda." (hereinafter the Seller or Owner), based in Avenida D. João II nº50 4º piso Edificio Mar vermelho 1990-095 Lisboa, with the Consumer, who expresses the willingness to make the purchase of products that are available in www.chiacare.pt
These requests from the purchasers constitute the particular conditions, which are linked to these general conditions, which the buyer must necessarily accept electronically and prior to the purchase of the product. The domain in which Chiacare Uni Lda. has been duly notified.
These General Conditions, together with the Special Conditions, made available together with the request for the product made by the Consumer, imply the performance of the purchase and sale contract between the Owner and the Customer, which it claims to have read, understood and accepted.
These General Conditions are regulated in accordance with the applicable Portuguese legislation and, in particular, Decree-Law 7/2004 of January 7, The Dec-Law No. 143/2001 of 26 April, which regulates, inter alia, distance contracts and Law 67/98 of 26 October, which regulates the Protection of Personal Data.
Chiacare, unipersonal lda
share capital of 1000€
Email address: info@chiacare.pt
Phone: (+351) 92 545 55 33
2 – TERMS AND CONDITIONS
2.1 – Terms and conditions
These terms and conditions govern the use and sales on the Chiacare website The user, when making an order on the website, declares that:
• Read and agree to the terms and conditions presented;
• Is 18 (eighteen) years of age or older;
• Complies with the legal requirements to hire and that will use its own means of payment;
You will not make fraudulent use of the website, contrary to the law or good customs;
• Accepts that the resolution of any conflict with the consumer is made under Portuguese law, without prejudice to any provision to the contrary provided for in the Community Directive or International Treaty.
• That the purchased goods are not intended for trade or resale.
2.2 – Legal Notice
All information published on the Chiacare website is intended to provide the best service to its users, and this information is permanently updated.
Chiacare guarantees that all information complies with the legislation in force in Mainland Portugal and the Autonomous Regions of the Azores and Madeira. We cannot, however, guarantee that the same content is in accordance with the legislation in force in your jurisdiction.
We decline any kind of responsibility for any technical inaccuracy(s) or typographical error(s) that may occasionally arise.
Chiacare reserves the right to make any corrections and changes to the Chiacare website, as well as to make modifications to the terms and conditions contained in this legal information, without any prior notice. The Chiacare website is in accordance with international internet standards, so as long as it is used correctly by the user, it is protected against the existence of viruses.
Chiacare does not guarantee the possibility of using, in other countries, all the contents that are displayed on its website, so it is expressly forbidden to access such content from places where it is illegal.
2.4 – Description of articles
All the articles displayed on the Chiacare website are described as accurately as possible, so that the user has a greater perception of the characteristics of the products.
The images included on the Chiacare website are merely illustrative. The colors displayed in the photos may differ from reality depending on the type of computer you use, the color settings, the internet browser, or others. However, these differences do not affect the function or value of the product in question.
2.5 – Privacy
The personal information that is provided by the user to the Chiacare website will be treated with the utmost responsibility and will only be used in order to provide the best service to its users, so they will not be given any other purpose.
Chiacare assures website users that they do not share any personal information with third parties without the prior consent of its users.
For more information about privacy, please refer to our Privacy Policy.
2.6 – Stock outage
Chiacare will do everything possible to ensure the availability of its products.
If any product is not currently available, the website will give this information to the user.
3 – PRICES AND FORMS OF PAYMENT
3.1 – Prices
Chiacare presents on its website all prices in euros €, already with the VAT rate in force in Portugal included. However, the price shown for each product does not include any shipping and shipping costs.
3.2 – Price changes
Chiacare reserves the right to make price changes for products that are on sale on the Chiacare website.
However, during the process of placing an order and confirming it, product prices will remain unchanged throughout the process.
3.3 – Means of payment
The Chiacare Website offers the following payment methods:
Reference MB, MBway, Visa, Mastercard, PayPal and Bank Transfer.
Chiacare ensures that all transactions are encrypted and 100% secure and will be forwarded to protected online banking systems (in the case of payments made by ATM, Visa, Mastercard and MBway by EASYPAY and PAYPAL by PAYPAL.
Chiacare will not store any card numbers or any information obtained and related to the act of payment.
4 – SHIPMENTS AND DELIVERIes
4.1 – Shipping costs and Delivery Times
The value of the products ordered may increase the shipping cost in the terms regulated on this website. The consumer will be informed of the final price of his purchase, with the breakdown of the amount of transport costs, prior to the completion of the order.
All orders placed on the Chiacare website will be shipped through CTT or Chronopost, and are subject to shipping costs mentioned below for each country.
Orders will only be processed by the services from Monday to Friday, regardless of whether the user has placed their order on a weekend or a public holiday. The normal shipping time is up to 3 to 5 business days (after confirmation of payment of the order).
The normal delivery times of the orders are, however, except for the times of promotions and holidays, vacation periods or periods of exceptional working volume, periods of pandemic, periods during which the delivery times may be slightly longer.
All orders need to be signed at the time of delivery by the person receiving it, to generate a proof of delivery.
From the moment orders are shipped, Chiacare will not be able to change the delivery address of the orders.
Shipments of Chiacare products are made to the entire national territory through ctt – Correios de Portugal. Your order will be shipped as soon as all items are available. After the shipment of the order, for the order to arrive at your door, it is usually necessary to:
- Mainland Portugal: 3 to 8 business days
- Wood: 5 to 10 business days
- Azores: 5 to 10 business days
- European Community countries: up to 20 working days
- Countries outside the European Community: up to 25 working days
Delivery times can be extended in periods of high flow of objects, such as holiday and Christmas periods. Situations of retention of orders in customs for inspection can delay delivery.
You may need to pick up your order at the Post Office in your area of residence in case an unsuccessful delivery attempt has been made and the postman must leave a notification with information from the Post Office where the order will be located as well as the maximum period in which the pick-up should be made, after which, the order is returned to Chiacare.
To pick up the order, you must present the notification left by the postman, as well as your identification document. If the recipient is not able to pick up the order in person, it may be picked up by third parties, provided that the notification is signed according to the recipient's ID and is accompanied by the document itself or a copy thereof.
Chiacare cannot be held responsible if the delivery address has been incorrectly filled out or corrected after shipping.
4.2- Damage
In case something goes wrong with the delivery of the products, chiacare uni. Lda cannot be held responsible, and the carrier is responsible in any case.
It is recommended that the Customer check the status of the order if it finds that your order is incomplete or with damaged products, we suggest that you contact us as soon as possible via the email online@chiacare.pt
Note: We advise you to check the status of the box in which your order was transported in the presence of the delivery man in order to confirm that you arrived in good condition. In case of damage or if the box shows signs of having been opened (e.g. adhesive tape that sealed the box), you must refuse the request immediately, indicating to the delivery man the reason for the refusal. You should then contact Chiacare and report it so that we can file a complaint with the Post Office. If possible, we ask you to take pictures of the box to send us.
4.3 – Free shipping
Certain campaigns may sometimes occur where shipping charges will be free regardless of the place of delivery and the value of the order, and such offer is applied at the time of order completion.
When any of these campaigns occur, it will be clearly announced on the Chiacare website.
4.4 – Track the shipping status of the order
All orders are shipped, after confirmation of payment, within 3 to 5 business days after payment and completion of the order. As soon as the order is shipped, you will receive an email from Chiacare, with the instructions for following the shipment of the order.
With this information, you can track the order status on the carrier's website.
In case the shipment is delayed, a new delivery date will be proposed, and if that new date is not convenient, the user may request the cancellation of the order, being refunded the amount spent within a maximum of 15 days.
4.5 – Shipments and collections
When registering in Chiacare, you will need to provide your personal data, including the address to which the order must be delivered. If you may want the order to be sent to an alternative address, you must indicate it at the time of order completion. If you indicate this change after your order has left our premises, it will be subject to a charge.
Orders will be shipped via CTT or Chronopost.
As CTT and Chronopost require signature at the time of delivery of orders, you or your representative must be present at the destination address at the respective delivery date.
4.6 – Successful shipment delivery
The user is requested to inspect the box at the time of delivery of all shipments and, BEFORE signing the delivery document, to inspect the box carefully.
If, at the time of delivery, the packaging appears tampered with, please sign the delivery document with reservations or refuse delivery.
In the event of accepting the delivery of the order with reservations, or if you refuse it, you must immediately make a complaint to the carrier and contact Chiacare online@chiacare.pt
4.7 – Undelivered orders
Orders that are not delivered, in fact attributable to the user, including errors in the indication of the address or any other causes that make it impossible to deliver the order at the address indicated, will be returned to Chiacare.
The costs of shipping and the return of the order will be charged to the user, which will be deducted to any amounts to be reimbursed.
4.8 – Insurance
Chiacare is responsible for the order during the transit period until the effective delivery to the user.
At the time of delivery of the order, the user must sign the document proving its receipt, at which time the responsibility is transferred to the user.
If the user designates, for the purposes of delivery, a recipient other than himself, he/she will accept the signature of that third party as proof of delivery of the order and compliance with the obligations on the part of Chiacare as well as the transfer of liability.
4.9 – Force major
Compliance with chiacare's obligations may be affected in the event of force-force major. Cases of force-major, among others, are considered situations of war, civil war, revolution, riot, government measures, strikes, riots, blockades or natural disasters.
In such cases, the contract between you and Chiacare may be terminated in whole or in part by either party, and you are reimbursed for all amounts.
5 – RESOLUTION AND RETURN
a) Resolution
The user has the right to resolve the contract without justification, within 14 (fourteen) business days.
This reconsideration period will begin on the day following receipt of the product(s) by the user or a representative appointed by the user, in accordance with the document signed upon receipt of the same(s).
In order to facilitate the procedures for returning and repayment of the amount to the user, it is requested that the user make the material subject to the resolution available to Chiacare within a reasonable period of time and with the aim of facilitating the exercise of its rights and verifying the material.
In order for the user to exercise his right of replay, he/she must notify Chiacare of the decision to resolve the contract by means of a clear statement by e-mail to the online@chiacare.pt. This statement shall contain the order and invoice number and the reference(s) of the item(s) you wish to return.
Upon receipt of this declaration, Chiacare will send by e-mail the return instructions (procedures to be followed), together with information about the means of transport (carrier) to be used.
In order for the period of free resolution to be respected, it is necessary to transmit the communication on the exercise of the right of resolution before the end of the period for that purpose: i.e. 14 (fourteen) days after receipt.
If the user wishes to resolve the contract, he/she will be reimbursed for all payments made, excluding return costs, without excessive delays and, in any case, no later than thirty (30) days from the day on which the right of resolution was exercised. Chiacare will refund the order using the same payment method used in the initial transaction; in any case, the refund will not give rise to any additional costs.
In the case of cosmetic products, for health and hygiene reasons, in accordance with Article 17(1)(e) of Decree-Law No. 24/2014 of 14 February amended by Law No. 47/2014 of 28 July, it is not possible to exercise the right of free resolution of contracts for the supply of products which are not returned properly closed and sealed, the user is then asked to always check the products he/she has received before opening them.
b) Return of defective products
The Chiacare team gathers its efforts, scrupulously checking all the articles, in order to detect any defects that may exist in them before proceeding to any shipment.
Chiacare reserves the right to request photo support for defective items or merchandise that was sent wrong, for the purpose of reimbursement of shipping costs before authorizing the return.
In case of return of the items considered defective, an inspection will be made at the time of receipt. Items subject to wear considered normal will not be considered defective.
c) Conditions for return of the item(s) by contract resolution or for quality reasons (defective product(s)) and refund thereof:
• The article must not in any way have been used or altered. • When returning the items, all original labels as well as packaging and other accessories must be sent together with the order. • Returns must be packaged in the Chiacare box used for transportation. • Returning only part of the order, Chiacare returns, in proportion, the amount paid by the user. • The user must return the item(s) through the carrier that is indicated in the e-mail sent by Chiacare, and following the instructions indicated for this process. •
5.1 – Alternative Dispute Resolution
In the event of a consumer dispute, the consumer may use the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr, or contact Chiacare via email online@chiacare.pt or the following alternative consumer dispute resolution (ADR) competent authority:
For more information see the Consumer Portal at https://cec.consumidor.pt/
6 – Items with balance, promotion or price reduction
Sales of items on balances, promotion or price reduction are considered final.
Chiacare does not exchange items that have been purchased on a balance, promotion or price reduction, the conditions referred to for the exchanges do not apply to them. However, the general conditions for the resolution of the contract and the return of defective items apply.
TROCAS & DEVOLUÇÕES
EXCHANGES AND RETURNS
Our products have been formulated and designed with love and thinking about your skin and your well-being. However, if you do not feel sufficiently passionate about the product you purchased through our online store, and have the need to make your return or exchange, please see how you can proceed:
1 – RETURNS
To start the return process (without replacement), you must send an email to the online@chiacare.pt mentioning the order number in the subject of the email. You will need to provide us with the reasons for the return and provide all the necessary information to review your request.
RESOLUTION AND RETURN
The user has the right to resolve the contract without justification, within 14 (fourteen) business days.
According to Decree-Law No. 24/2014 of 14-02-2014: Article 10 – Right of free resolving in distance contracts or concluded outside the establishment The consumer has the right to resolve the contract without incurring any costs, in addition to those set forth in Article 12(3) and Article 13 where appropriate, and without the need to state the reason, within 14 days of: The day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the goods, in the case of contracts of sale.
This reconsideration period will begin on the day following receipt of the product(s) by the user or a representative appointed by the user, in accordance with the document signed upon receipt of the same(s).
In order to facilitate the procedures for returning and repayment of the amount to the user, it is requested that the user make the material subject to the resolution available to Chiacare within a reasonable period of time and with the aim of facilitating the exercise of its rights and verifying the material.
In order for the user to exercise his right of replay, he/she must notify Chiacare of the decision to resolve the contract by means of a clear statement by e-mail to the online@chiacare.pt. This statement shall contain the order and invoice number and the reference(s) of the item(s) you wish to return.
Upon receipt of this declaration, Chiacare will send by e-mail the return instructions (procedures to be followed), together with information about the means of transport (carrier) to be used.
In order for the period of free resolution to be respected, it is necessary to transmit the communication on the exercise of the right of resolution before the end of the period for that purpose: i.e. 14 (fourteen) days after receipt.
If the user wishes to resolve the contract, he/she will be reimbursed for all payments made, excluding return costs, without excessive delays and, in any case, no later than thirty (30) days from the day on which the right of resolution was exercised. Chiacare will refund the order using the same payment method used in the initial transaction; in any case, the refund will not give rise to any additional costs.
In the case of cosmetic products, for health and hygiene reasons, in accordance with Article 17(1)(e) of Decree-Law No. 24/2014 of 14 February amended by Law No. 47/2014 of 28 July, it is not possible to exercise the right of free resolution of contracts for the supply of products which are not returned properly closed and sealed, the user is then asked to always check the products he/she has received before opening them.
Return of defective products
The Chiacare team gathers its efforts, scrupulously checking all the articles, in order to detect any defects that may exist in them before proceeding to any shipment.
Chiacare reserves the right to request photo support for defective items or merchandise that was sent wrong, for the purpose of reimbursement of shipping costs before authorizing the return.
In case of return of the items considered defective, an inspection will be made at the time of receipt. Items subject to wear considered normal will not be considered defective.
Conditions for return of the item(s) by contract resolution or for quality reasons (defective product(s)) and refund:
• The article must not in any way have been used or altered. • When returning the items, all original labels as well as packaging and other accessories must be sent together with the order. • Returns must be packaged in the Chiacare box used for transportation. • Returning only part of the order, Chiacare returns, in proportion, the amount paid by the user. • The user must return the item(s) through the carrier that is indicated in the e-mail sent by Chiacare, and following the instructions indicated for this process. •
Alternative Dispute Resolution
In the event of a consumer dispute, the consumer may use the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr, or contact Chiacare via email online@chiacare.pt or the following alternative consumer dispute resolution (ADR) competent authority:
For more information see the Consumer Portal at https://cec.consumidor.pt/
2 – Exchanges
There are two types of exchanges:
1) Exchange of article for another equal (motivated by quality issues or in case it has arrived damaged);
2) Exchange for a different item – in this case, you have a maximum period of 30 days from the date of receipt of your order to request the exchange of an item.
To start the exchange process, you must send an email to the online@chiacare.pt address, mentioning the order number in the subject of the email. You will need to tell us the reasons for the exchange and provide all the necessary elements for the analysis of your order, as well as you must identify the products you want to receive in return.
Later, we'll send you a detailed email with the steps below so you can receive the correct article.
After receiving our confirmation that the exchange has been accepted, it will be necessary to make the collection of the items with the carrier indicated in the e-mail and prepare the items to be returned for them to be collected on the scheduled date. You must use the original transport packaging and include all components that are part of the article(s).
The customer will be responsible for the associated shipping costs, except in cases where the exchanges are motivated by incorrect items or have arrived damaged (exchange type 1).
POLITICA DE PRIVACIDADE
PRIVACY POLICY
Your privacy is very important to us so we respect your Personal Data you wish to provide to us.
Please read our Privacy Policy in a careful reading of our Privacy Policy to have a better understanding of how we capture, use, protect or otherwise process your personal data when you purchase our products through the www.chiacare.pt website.
Chiacare, unipessoal Lda., owner of the trademark Chiacare , Chiacare Re-Splendid and Re-Splendid, with its registered office at Avenida D. João II nº50 4º piso Edificio mar vermelho 1990-095 lisboa, with the identification number of legal person no. 514 089 075 is the entity responsible for the processing of your personal data and ensures that these are treated in a lawful manner, transparent, in accordance with the provisions of existing national legislation in this area and the General Data Protection Regulation – EU Regulation No 2016/679 of the European Parliament and the Council of 27 April 2016.
1 – What personal data do we collect when you send us a message or request through the website?
When you send a message or request via the website form, we collect your name, address, phone contact and email address.
2 – Why do we capture this data?
The purpose of capturing this data is to identify who sends the message and how to contact it, in order to answer the question posed. In the case of the Online Store, the data provided in the purchase form as being mandatory is indispensable to the provision of the service by Chiacare.
3 – Legal basis for the processing of data
We may process your personal data on the basis of the following reasons:
a) Consent – When you give us your express consent, such as when you subscribe to the newsletter on the website and agree to be informed about Chiacare products.
b) Execution of contract and pre-contractual due diligence – When the processing of personal data is necessary for the conclusion, execution and management of the contract you entered into with Chiacare to purchase products on the chiacare.pt website or for the management of contacts, information and requests, for the management of billing, collection and payment.
c) Compliance with legal obligation – When the processing of personal data is necessary to comply with a legal obligation to which Chiacare is subject, such as compliance with its tax obligations.
4 – Recipient of personal data
Chiacare does not give, without written consent, your information to third parties. Your personal information will never be shared with third parties without prior permission from you.
If you need to provide chiacare's personal information to other companies in order to provide any product or service, you will be assured that only the minimum information necessary for the satisfaction of the request is shared.
5 – Data controller
The data controller is Chiacare, a single-person lda.
6 – Period of retention of personal data
We retain your Personal Data for as long as necessary to fulfill the purpose for which it was collected and used (e.g. for as long as necessary for us to provide customer service, answer questions or resolve technical problems), unless a longer period is required to comply with our legal obligations or to defend rights in a court case.
7 – International transfer of data to other entities
The data collected shall not be transferred to entities outside the territory of the European Union.
8 – Safety procedures
Chiacare seeks to follow all privacy and security procedures to ensure that your data is transmitted securely.
However, it is our duty to warn that the security of websites is not always a certainty. Thus, we are committed to the security of your data being a priority, paying attention to new developments in the protection of data transmission over the Internet.
We also make sure that your data is confidential. Thus, they will only be accessible to a limited and authorized number of Chiacare employees.
9 – Website
In general, the website can be navigated without the need to use the sharing of any information on your part.
a) The use of the www.chiacare.pt website does not imply the registration of any personal information, unless the user so decides, registering in the personal area. If personal information is requested for a registration, it will be indicated why this request.
b) If there are services that include the automatic sending of emails, they will only be activated after prior authorization of the user, which always keeps available an option to unsubscribe.
c) To better ensure your safety, Chiacare, through the www.chiacare.pt website, does not store your credit or debit card details on its servers.
d) In certain situations you may find on the website www.chicare.pt links to other sites outside it.
Chiacare does not share your personal information with these sites and assumes no responsibility for their privacy policy, and users should consult the Privacy Policy of the websites on which they are browsing.
10 – Cookies
The website www.chiacare.pt uses cookies, through which we may collect information when you use our services. In order to visit the website you must accept the use of our cookies.
Cookies are small data files that are stored in the user's browser when you visit a website. This information is used to provide the user with a more personalized service, allowing to improve the performance and browsing experience, increasing, on the one hand, the speed and efficiency of the website response and, on the other hand, eliminating the need to repeatedly enter the same information. Placing cookies will help the website recognize the device the next time you visit it.
Cookies used on the website do not collect personal information that allows you to be identified, only by saving generic information, such as the form or place/country of access of the user and how you use the website.
We use different types of cookies:
– Functional cookies – ensure that the Chiacare website works correctly and allow you to remember your preferences regarding website navigation; allow you to securely log in, remember the point where the user is in your ordering process and what is in the shopping cart.
– Analytical Cookies – collect statistical data related to users of the Chiacare website, without ever collecting personal information. They are used to analyze how the user uses the website, allowing to highlight services that may be of interest to the user, and monitor the performance of the website, knowing the most popular pages, the most effective method of linking pages or to determine the reason that some pages are receiving error messages. In this way, we can provide a high-quality experience by customizing your offer and quickly identifying and correcting any issues that arise;
– Advertising cookies – Taking into account the development of campaigns via Google Adwords and Facebook. You can refuse the use of cookies on our website or choose not to accept cookies through your browser settings. However, you will not benefit from the features indicated and may result in the inability to access some of your areas or receive personalized information.
We may change this cookie policy from time to time and the changes are made, duly advertised on the website.
Briefly, we use cookies only to:
a) To understand who visits us;
b) Remember your preferences;
c) Improve your experience on the site.
If you do not wish to receive any cookies from our website, you can do so. Just do not consent to our cookie policy.
You can always choose not to accept cookies through your browser settings. If you need help not allowing cookies, choose your browser's help menu to learn how to modify privacy options.
11 – Rights of personal data subjects
Without prejudice to the conditions laid down in the applicable legislation, all holders of personal data are entitled to: 1. access your data (upon request) and all information relating to the respective processing operations; 2. obtain rectification of your personal data that is incorrect or incomplete; 3. request the payment of your personal data, provided that they are not already necessary for the purpose for which they were collected and/or for the fulfillment of any legal obligations of Chiacare, as well as to require, in certain cases, the limitation of its processing; 4. to be used for marketing and/or advertising purposes; 5. portability of the data and to receive a copy of the data concerning it; 6. withdraw, at any time, the consent previously given for the processing of data.
For the exercise of these rights, as well as to obtain any clarification related to this Privacy Policy, the user must go in writing to Chiacare to the address indicated above or to the email address online@chiacare.pt indicating the reason for the request. If you decide to exercise these rights and if one of the personal data provided is your email address, please specify this circumstance in your written request, indicating the email address from which you wish to exercise your rights of access, rectification, cancellation and opposition.
12 – Changes to privacy policy
This privacy policy may be reviewed from time to time. If you are a user already registered on the www.chiacare.pt website, your website will be duly notified of the changes made to our privacy policy as soon as you access your personal area. We will communicate any changes to the Privacy Policy on our homepage to make you aware of any changes we have made.