Terms of Use
The text below describes the rules and terms of use of the website and alerts the user to the limitations and risks inherent therein. By using the website, the user tacitly accepts these rules and terms of use, aware that CHARMMY may change the terms described below without prior notice. If you do not agree with these terms, please do not use the website.
1) COMPANY IDENTIFICATION
The Website www. charmmycosmetcs .pt, referred to as the “Website” or “CHARMMY Website”, is registered under the “Regulation for the registration of .PT domains/subdomains”, is domiciled in Portugal and is the property of Charmmy Cosméticos, LDA., with NIPC 516997653, and headquartered at Avenida do Brasil, no. 35, 1ºC 1700-062 Lisbon. The Website is intended for the private use of Users only.
The reproduction, transfer, distribution or storage of the contents of the Website for purposes other than strictly private use is prohibited, except in the case of prior written consent from Charmmy Cosméticos, LDA.
It is expressly forbidden to use links to the Website for commercial purposes without prior authorization from Charmmy Cosméticos, LDA., as well as for abusive purposes. In the event of commercial or abusive use of the Website, Charmmy Cosméticos, LDA. may resort to the necessary legal means to protect its rights.
In the event that Users find links on other websites that allow them to access the Website, we inform you that Charmmy Cosméticos, LDA. is not responsible for such referral, nor for the contents contained in said websites.
1.1 PURPOSE AND SCOPE OF APPLICATION
These General Conditions of Contract and Use (“Terms and Conditions”) apply to visitors to the Website, users who register on the Website and customers who carry out any transactions of a commercial nature through the aforementioned CHARMMY online store, available in the “SHOP” area.
Commercial transactions will only be permitted to persons of legal age and legally capable of entering into binding contracts.
Visitors and Customers may hereinafter be collectively referred to as “Users”.
Browsing the Website, registering as a User, as well as purchasing any product in the CHARMMY online store, implies knowledge and acceptance of these General Conditions by Users.
The purpose of these conditions is to define the sales methods between CHARMMY and the Customer, including registration, ordering, payment and delivery.
CHARMMY reserves the right to change these General Conditions without prior notice, and any changes to them will be published on the Website, where any User has free access.
Continued use of the Site after the changes have been published constitutes the Customer's agreement to be legally bound by these terms and conditions.
Once the Customer's order request is confirmed, no changes will be made to the terms and conditions that apply to that order.
The goods purchased are not intended for trade or resale.
1.2 WEBSITE CONTENTS
CHARMMY reserves the right to modify at any time the information and commercial offer presented regarding: products, prices, promotions, commercial conditions and services. Every effort will be made to ensure that the information presented is free from typographical errors and, whenever these occur, we will proceed, as soon as possible, to the respective correction. If the information presented does not correspond to the characteristics of the product, the Customer has the right to terminate the purchase and sale contract under the applicable legal terms.
The photographs presented on the Website are merely illustrative.
We recommend that you consult the detailed information about the product's characteristics before making your purchase.
Product prices and specifications are subject to change without notice.
The product catalogue on the Website (Online Store) is independent of physical stores, both in terms of prices and quantities in stock.
All promotional campaigns have limited stock and are exclusively for online sales.
All contractual information is written in Portuguese, as well as information regarding the articles and the formalization of the sale and email communications.
Users should pay special attention to the descriptions of the articles. In case of any queries or clarifications, they should contact CHARMMY, via the email address apoiocliente@charmmycosmetics.pt . Please note that the type of computer used, the colour settings, internet browser or others, may cause changes in the colours shown in the photographs on the CHARMMY Website, which may therefore differ from the real colours. In the event of differences, these variations in no way affect the function or value of the product in question, since the images included on the website are merely illustrative.
1.3 INTELLECTUAL AND INDUSTRIAL PROPERTY
Our trademarks include (among others) the CHARMMY name and logo.
These brands are used and/or registered and the use of this Site (national brand) does not grant any rights to the Customer to use the registered brands of Charmmy Cosmeticos, LDA.
The company names and distinctive signs (brands and logos), as well as all Copyright (texts, graphics, icons, comments, works, illustrations, works and images of data and software) reproduced or presented on the Website are protected by law, namely the Copyright and Related Rights Code or the Industrial Property Code.
All texts, images, illustrations, photographs, advertising, brands and other elements of the website content are protected by law and duly licensed, and any copying, reproduction, dissemination or transmission, use, modification, sale, publication, distribution or any other use, in whole or in part, commercial or non-commercial, by any means used, is expressly prohibited, unless expressly authorized by the same. The use of the website for illegal purposes or any other purposes that may be considered harmful to the image that Charmmy Cosméticos, LDA. has in the market is strictly prohibited. Charmmy Cosméticos, LDA. declines any responsibility for the usurpation and improper use of the elements mentioned above. The free uses authorized by law are excluded from this prohibition, namely the right to quote, provided that its origin is clearly identified. The usurpation, counterfeiting, use of usurped or counterfeited content, illegitimate identification and unfair competition are criminally punishable. Charmmy Cosméticos, LDA. reserves the right to take legal action against the authors of any copy, reproduction or other unauthorized use of its content(s) by third parties.
In view of the above, its reproduction or representation is strictly prohibited and must be subject to prior written authorization from the trademark owner.
1.4 RESPONSIBILITIES
All products sold in this Online Store comply with Portuguese legislation.
CHARMMY declines any responsibility in the event of violation of the legislation of the country where the order is delivered.
It is the Customer's responsibility to check with the local authorities the conditions for importing or using the products they wish to order.
CHARMMY is not responsible for losses resulting from interference, interruptions, computer viruses, malfunctions or disconnection of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
1.5 OBLIGATIONS OF CUSTOMERS AND USERS
The Client and the User must comply with these General Conditions, committing to comply with, among others, the following obligations:
1) Do not introduce, store or disseminate, through the Website, defamatory, obscene, injurious, misleading, xenophobic and/or any other content that violates general principles of law, the right to privacy or intellectual or industrial property of third parties and public order, as well as content that may be harmful to third parties or to CHARMMY;
2) Save and do not disclose your password to access the Site in order to prevent third parties from accessing your account on the Site;
3) Do not use false identities;
4) Users are obliged to provide correct personal data and addresses so that CHARMMY can properly process orders;
The Customer is responsible for the veracity of the data communicated to CHARMMY and undertakes to immediately enter any changes to the same in their Registration Account in the Online Store.
CHARMMY declines any responsibility for any delay or impossibility in processing the order, particularly during delivery, resulting from an error or insufficiency of the data communicated by the Customer.
The use of this Site is subject to the conditions of use defined by CharmMY, as the sole and exclusive owner thereof.
CHARMMY reserves the right to delete the account of Users who violate any of the aforementioned obligations.
1.6 ORDERING AND PAYMENT SECURITY
The supplier of the goods available for purchase on the CHARMMY Website is Charmmy Cosméticos, LDA.
To make purchases through the Website, you must register or log in as a User or Customer, filling in the form available online for this purpose, in the Login/Signup area.
Once registered, simply add all the items you wish to purchase to your virtual shopping basket and check their status in your customer area.
You must follow all the purchase steps for it to be completed successfully.
CharmMY informs that the prices charged on the Website are exclusive to this Online Store and may not correspond to the prices charged in CharmMY's physical stores.
All promotional campaigns have limited stock and are exclusively for online sales.
Processing the order assumes that the Customer has read and accepted the terms and General Conditions of the Website.
The data recorded by CharmMY constitutes proof of the set of transactions carried out between CharmMY and the Customer.
It is CharmMY's responsibility to archive the electronic document in which the contract is formalized and keep it accessible.
As soon as you complete your purchase, you will receive an automatic email confirming the transaction.
If the data is not correct, you can immediately request that it be changed, or even the cancellation of the purchase made.
Payment for the order and shipping costs (if applicable) will be made in advance.
The shipping cost is calculated based on the weight and destination of the order. Please check the value of our rates at check out.
CharmMY offers the following payment methods: ATM reference, MB WAY and bank transfer.
Orders that are not paid within three business days will be cancelled.
Payment methods: Payments made by bank transfer will only be considered valid if proof of payment is sent by email (a feature provided by most e-banking systems) and after payment has been successfully collected. If the transfer is made at a bank counter or at an ATM, it is essential to send the receipt proving the transfer (for example, by means of a scan or digital photograph of the receipt).
The server will be in encrypted mode and all information transmitted will be encrypted and no information will circulate freely on the internet.
All payments will be processed by CharmMY., and Charmmy Cosmeticos LDA. will not reserve any payment data.
The contract is considered fulfilled upon payment of the price by the Customer and delivery of the goods by CharmMY.
1.7 PRICES
Prices are marked in euros (€), with taxes and fees included.
The prices on the website www.charmycosmetics.pt may be modified at any time, without prior notice to the Customer, which, however, will not apply to orders already placed.
The Customer must bear the shipping costs for orders placed in this Online Store.
1.8 PRODUCT AVAILABILITY
CHARMMY only processes an order placed by a Customer after confirmation of the respective payment, therefore it cannot guarantee the availability of the items until the beginning of said processing.
CHARMMY undertakes to manage the Website in such a way as to ensure that all products available in the online store are in stock at the time of your order.
However, there may be a temporary shortage of stock, of which the Customer will be informed.
CHARMMY or the Customer may partially or totally cancel the order, with the Customer being entitled to a refund of the respective amount paid.
In this case, in the event of exercising the right of free resolution provided for in these General Conditions, the return costs will be borne by CharmMY.
CHARMMY may, alternatively, provide the Customer with a good of equivalent quality and price with the Customer's prior consent.
1.9 CANCELLATIONS AND RIGHT OF FREE TERMINATION
The right of cancellation and free resolution applies to all purchases made on the Website.
Failure to pay for the order within 3 days following the date on which it was placed will result in its automatic cancellation.
In the event of termination of the contract due to non-compliance by CharmMY, all payments made to the Customer will be refunded, including delivery costs if applicable (with the exception of additional costs resulting from the Customer's possible choice of a shipping method other than the least expensive standard shipping method offered by the seller), without undue delay and, in any case, no later than 10 days from the date of termination of the contract.
Refunds will be made using the same payment method that the Customer used in the initial transaction.
In the case of payment by Multibanco, we ask that you provide us with an IBAN so that we can make the refund more quickly.
The user has the right to terminate the contract without the need for justification, within 14 (fourteen) working days.
The deadline for resolution expires in 14 (fourteen) business days from the moment in which the user or a third party designated by him/her acquires possession of the product(s), in accordance with the document signed upon receipt thereof.
In order to facilitate the procedures for returning and refunding the amount to the user, the user is requested to make the material subject to the resolution available to CharmMY within a reasonable period of time and with the aim of facilitating the exercise of their rights and verifying the material.
In order for the user to exercise their right of withdrawal, they must notify CharmMY of their decision to withdraw from the contract by means of a clear statement by email to the email address apoiocliente@charmmycosmetics.pt .
This declaration must include the order and invoice number and the reference(s) of the item(s) you wish to return.
After receiving this declaration, CharmMY will send you by email the return instructions (procedures to follow), together with information about the means of transport (transport company) to be used.
In order for the free resolution period to be respected, it is necessary to transmit the communication regarding the exercise of the right of resolution before the end of the period granted for this purpose, that is, 14 (fourteen) days after receipt.
If the user wishes to terminate the contract, he/she will be reimbursed for all payments made, excluding return costs, without undue delay and, in any case, within a maximum period of 30 (thirty) days from the day on which the right of withdrawal was exercised. CharmMY will proceed to reimburse the order using the same payment method used in the initial transaction; in any case, the reimbursement will not give rise to any additional costs.
In the case of cosmetic products, for health and hygiene reasons, in accordance with article 17, paragraph 1, letter 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 to freely terminate supply contracts for products that are not returned properly closed and sealed, and therefore the user is requested to always check the products they have received before opening them.
Regarding the conditions for returning the item(s) and the respective refund:
- The article must not have been used or altered in any way.
- When returning items, all original labels, packaging and other accessories must be included, and these must be sent together with the order.
- Returns must be packaged in the CharmMY box or envelope used for shipping.
- If only part of the order is returned, CharmMY will refund the amount paid by the user in proportion.
- The user must return the item(s) via the carrier indicated in the email sent by CharmMY, and following the instructions sent by email for this process.
- In the case of item(s) whose return has not been previously authorized and/or which have not been sent via the same carrier, as indicated in the email sent with the return instructions, CharmMY reserves the right to refuse receipt of the item(s).
- If an unauthorized return is accepted, CharmMY will deduct 10% of the value of the item(s) for administrative costs.
- Returns of items that do not comply with the terms and conditions of the return policies will not be accepted by CharmMY.
2.RESOLUTION AND RETURN
2.1 RESOLUTION
The user has the right to terminate the contract without the need for justification, within 14 (fourteen) working days.
The deadline for resolution expires in 14 (fourteen) business days from the moment in which the user or a third party designated by him/her acquires possession of the product(s), in accordance with the document signed upon receipt thereof.
In order to facilitate the procedures for returning and refunding the amount to the user, the user is requested to make the material subject to the resolution available to CharmMY within a reasonable period of time and with the aim of facilitating the exercise of their rights and verifying the material.
In order for the user to exercise their right of withdrawal, they must notify CharmMY of their decision to withdraw from the contract by means of a clear statement by email to the email address apoiocliente@charmmycosmetics.pt .
This declaration must include the order and invoice number and the reference(s) of the item(s) you wish to return.
After receiving this declaration, CharmMY will send you by email the return instructions (procedures to follow), together with information about the means of transport (transport company) to be used.
In order for the free resolution period to be respected, it is necessary to transmit the communication regarding the exercise of the right of resolution before the end of the period granted for this purpose, that is, 14 (fourteen) days after receipt.
If the user wishes to terminate the contract, he/she will be reimbursed for all payments made, excluding return costs, without undue delay and, in any case, within a maximum period of 30 (thirty) days from the day on which the right of withdrawal was exercised. CharmMY will proceed to reimburse the order using the same payment method used in the initial transaction; in any case, the reimbursement will not give rise to any additional costs.
In the case of cosmetic products, for health and hygiene reasons, in accordance with article 17, paragraph 1, letter 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 to freely terminate supply contracts for products that are not returned properly closed and sealed, and therefore the user is requested to always check the products they have received before opening them.
Regarding the conditions for returning the item(s) and the respective refund:
- The article must not have been used or altered in any way.
- When returning items, all original labels, packaging and other accessories must be included, and these must be sent together with the order.
- Returns must be packaged in the CharmMY box or envelope used for shipping.
- If only part of the order is returned, CharmMY will refund the amount paid by the user in proportion.
- The user must return the item(s) via the carrier indicated in the email sent by CharmMY, and following the instructions sent by email for this process.
- In the case of item(s) whose return has not been previously authorized and/or which have not been sent via the same carrier, as indicated in the email sent with the return instructions, CharmMY reserves the right to refuse receipt of the item(s).
- If an unauthorized return is accepted, CharmMY will deduct 10% of the value of the item(s) for administrative costs.
- Returns of items that do not comply with the terms and conditions of the return policies will not be accepted by CharmMY.
2.3 RETURN OF DEFECTIVE PRODUCTS
The CharmMY team makes every effort to scrupulously check all items in order to detect any defects that may exist before proceeding with any shipment.
CharmMY reserves the right to request photographic support regarding defective items or merchandise that was sent incorrectly, for the purpose of reimbursing shipping costs before authorizing the return.
In the event of the return of items deemed to be defective, an inspection will be carried out upon receipt. Items subject to normal wear and tear will not be considered defective.
In order for the user to return defective item(s), they must notify CharmMY of this decision by sending an email to the email address apoiocliente@charmmycosmetics.pt . This declaration must include the order and invoice number and the reference(s) of the item(s) you wish to return.
After receiving this declaration, CharmMY will send the return instructions (procedures to follow) by email, together with information about the carrier to be used.
In the case of a return of a defective item, CharmMY, upon receiving the product(s), will analyze it and inform the user of the following procedures. CharmMY will replace the product, if stock is available. If stock is not available, CharmMY will refund the order and shipping costs, if applicable. This refund of the order will be made using the same payment method used in the initial transaction; in any case, the refund will not give rise to any additional costs.
Regarding the conditions for returning the defective item(s) and the corresponding refund:
- The item must not have been used or altered.
- When returning items, all original labels, packaging and other accessories must be included, and these must be sent together with the order.
- Returns must be packaged in the CharmMY box or envelope used for shipping.
- If only part of the order is returned, CharmMY will refund the amount paid by the user in proportion.
- The user must return the item(s) via the carrier indicated in the email sent by CharmMY and following the instructions sent by email for this process.
- After receiving the defective item(s), CharmMY will analyze them to verify the quality problem in question.
- If CharmMY is unable to replace the defective item(s), the amount paid will be refunded, in the same amount as that paid by the user, using the payment method originally used.
- If the entire order or just part of it is returned, CharmMY will refund the amount paid by the user in proportion.
- In the case of item(s) whose return has not been previously authorized and/or which have not been sent via the same carrier, as indicated in the email sent with the return instructions, CharmMY reserves the right to refuse receipt of the item(s).
- If an unauthorized return is accepted, CharmMY will deduct 10% of the value of the item(s) for administrative costs.
- Returns of items that do not comply with the terms and conditions of the return policies will not be accepted by CharmMY. These items will be returned to the sender at the original shipping address at the user's expense.
3.SHIPMENTS AND DELIVERIES
13.1 MAINLAND SHIPPING COSTS
The shipping cost may be added to the value of the products ordered under the terms regulated on this website.
The consumer will be informed of the final price of their purchase, with a breakdown of the amount of shipping costs, prior to completing the order.
All orders destined for mainland Portugal will be shipped via MRW, for the remaining destinations they will be shipped via CTT Expresso and subject to the shipping costs mentioned below.
CharmMY Cosmeticos LDA offers free shipping to:
- Mainland Portugal for orders from €60;
- Azores & Madeira for orders from €120;
- European Union countries for orders from €200.
For orders below these values, the shipping cost is calculated based on the weight and destination of the order. We ask that you check the value of our rates at check out.
At the end of the purchasing process, the consumer will be duly informed of the total costs of the purchase, including shipping costs.
Normal shipping time to Portugal – up to 3 working days (after confirmation of order payment).
Normal shipping time for the European Union – up to 6 working days (after confirmation of payment of the order).
3.2 UNDELIVERED ORDERS
Orders that are not delivered due to reasons attributable to the user, including errors in the address or any other reasons that make it impossible to deliver the order to the indicated address will be returned to CharmMY.
The costs of shipping and returning the order will be charged to the user, which will be deducted from any amounts to be refunded.
3.3 CharmMY's fulfillment of its obligations may be affected in the event of force majeure. Cases of force majeure include, among others, situations of war, civil war, revolution, riot, government measures, strikes, blockades or natural disasters.
In such cases, the contract between the user and CharmMY may be terminated in whole or in part by either party, with the user being reimbursed for all amounts.
3.4 DELIVERY TIMES
CharmMY, owner of the website www.charmmycosmetics.pt , operates from Monday to Friday, between 09:30 and 13:00 and between 14:00 and 18:30 hours, except on public holidays.
All orders placed on the CharmMY Website will only be processed by the services from Monday to Friday, regardless of whether the user placed their order on a weekend or a holiday.
However, the normal delivery times for orders are excluded during sales and holiday periods, vacation periods or periods of exceptional workload, periods during which delivery times may be slightly longer.
3.5 IMPORTANT INFORMATION
The delivery times above are merely indicative and do not take into account any delays that may be caused by problems with payment authorizations or due to carrier delays.
The transit times identified correspond to the time between the order leaving the warehouse and its receipt by the user, that is, after the order has been processed for shipping.
All orders must be signed for upon delivery to provide proof of delivery.
Once orders are shipped, CharmMY will not be able to change the delivery address for orders.
3.6 DELIVERY POSITION
All orders are shipped, after payment confirmation, within 1 to 3 business days after payment and completion of the order. As soon as the order is shipped, CharmMY will send an email to the user, confirming the shipment.
3.7 SHIPMENTS AND COLLECTIONS
When registering on the CharmMY website, the user will have to provide their personal details, including the address to which the order should be delivered.
If the user wishes CharmMY to send the order to an alternative address, he/she must make this mention when completing the order.
Due to restrictions imposed by transport companies, CharmMY does not deliver to PO boxes.
Orders will be sent via MRW (Mainland Portugal).
The company offers the option, during the delivery process, to indicate the delivery address of the order, different from the one used when registering it. However, if this change occurs, after the order has left CharmMY, it is subject to a cost.
Given that MRW requires a signature upon delivery of orders, the user or their representative must be present at the destination address at the time of delivery.
3.8 DELIVERY OF SUCCESSFUL SHIPMENTS
The user is requested to carefully inspect the box or envelope upon delivery of all shipments and BEFORE signing the delivery document.
All packages are properly sealed and packaged.
If, upon delivery, the packaging appears to have been tampered with, please sign the delivery document with reservations or refuse delivery.
If you accept delivery of the order with reservations, or if you refuse it, you must immediately make a complaint to the carrier and contact CharmMY, via email apoiocliente@charmmycosmetics.pt
3.9 INSURANCE
CharmMY is responsible for the order during the transit period until the moment of actual delivery to the user.
When the order is delivered, the user must sign the document proving receipt, at which point responsibility is transferred to the user.
If the user designates, for delivery purposes, a recipient other than himself, he will accept the signature of that third party as proof of delivery of the order and compliance with obligations by CHARMMY as well as the transfer of responsibility.
4. EXCEPTION TO THE RIGHT OF FREE RESOLUTION
The Customer cannot freely terminate the contract if the seal has been removed from the products, making them incapable of being returned for reasons of health protection or hygiene when opened after delivery.
5. CONSUMER PROTECTION
The rules set out in Law No. 47/2014, of 28 July, on certain aspects of the sale of consumer goods and related guarantees apply to Users.
The aforementioned legal guarantee does not cover defects resulting from the misuse of the goods by the Customer or the intervention of third parties.
6. APPLICABLE LEGISLATION AND JURISDICTION
All purchases made on the Website are subject to Portuguese law. Any conflict or divergence in the interpretation or application of the General Conditions of Contract and Use will be submitted to the Portuguese Court with territorial jurisdiction.
Can't find the answer to your questions? Contact us!
Email: supportcliente@charmmycosmetics.pt
Charmmy Cosmetics, LDA.
Avenida do Brasil, no. 35, 1ºC,
1700-062 Lisbon
Portugal
7. APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms of Use are governed by Portuguese law.
The dispute must be resolved by mediation but if it is not resolved through the mediation process, it must be resolved by the Portuguese Courts with jurisdictional jurisdiction.
7 .1 ONLINE DISPUTE RESOLUTION
The European Commission has created the ODR platform for alternative dispute resolution between consumers and traders, relating to online sales or service contracts, i.e. those in which the trader, or its intermediary, offers, on a website or through other electronic means, goods or services that the consumer orders on the same website or through other electronic means.
For more information, please consult the European Online Dispute Resolution Platform: https://ec.europa.eu/info/policies/consumers_en
8. COMPLAINTS
You can make a complaint to the email address apoiocliente@charmmycosmetics.pt or access the electronic complaints book.