TERMS & CONDITIONS
These Terms and Conditions define users’ use of this “OliveEmotion.com” website and its relationship to DREAMFORMULA, UNIPESSOAL LDA (as OliveEmotion), a company registered in Portugal under number 514590335 and headquartered in Avenida de Santa Maria, B05- 701, Loures 2660-421 São Julião do Tojal. Please read these terms carefully as they affect your rights and duties in accordance with the laws in force and legally framed in the “distance selling” typology. If you do not agree to these Terms, do not access or make use of this Website. By ordering any product or service through this WebSite, You agree to be bound by these Terms. We suggest that you print a copy of these Terms for future reference.
Please read these terms and conditions carefully as they govern your access to and use of this website. Anyone who visits the website of OliveEmotion and / or its subsidiaries (hereinafter referred to as “OliveEmotion”) implicitly accepts the terms and conditions contained in these General Conditions of Use.
Contact us for any questions or if you do not agree with all or part of these terms.
1. User Behavior
The OliveEmotion User, by using this website, undertakes to:
Registering on the website by creating a unique profile in your own name or on behalf of a legal person provided you have the power to act, providing true information and refraining from creating multiple or third-party profiles without sufficient representation powers ;
Do not extort the identity of any natural or legal person, or misrepresent or deliberately misrepresent your relationship with an individual or legal entity;
Do not disturb or misuse the website or any services, promotions or discounts, system resources, accounts, servers or networks or other websites linked to or accessible through our website, or compromise their safety;
Do not transfer the User’s OliveEmotion account to another person without OliveEmotion’s prior written consent;
Do not copy, alter or distribute rights or content of OliveEmotion’s website, services or tools, or trademarks and copyrights;
OliveEmotion reserves the right to terminate any user accounts created without OliveEmotion being obligated to compensate you if false or abusive profiles are constituted or if a misuse of the website or promotional campaigns in force at any given time.
The User acknowledges that OliveEmotion does not perform any prior examination of the submitted content. Upon placing your order, you acknowledge that OliveEmotion may revise the order and its contents to ensure compliance with OliveEmotion guidelines and compliance with the terms and conditions of this agreement. OliveEmotion does not subscribe and, therefore, is not responsible for any content submitted to the website by any User, or any opinion, recommendation or advice expressed therein. Without limiting the foregoing, OliveEmotion and its designees shall have the right to refuse or remove, without prior notice, all content that violates the agreement or that OliveEmotion deems otherwise objectionable. Following this, the OliveEmotion User undertakes to analyze and bear all risks associated with the use of all its content.
The user agrees to not:
- upload or transmit via the Website any computer viruses, Trojans, Worms, logic bombs or anything created for the purpose of interfering with or disrupting the normal operation of a computer;
upload or transmit through the Website any defamatory, offensive or obscene material; - and attempt to unauthorize access to the Website, server on which it is hosted or any server, computer or database connected to the Website. You should not attempt any denial of service (“DoS”) attacks on our website.
By violating this provision, You are committing a criminal offense in accordance with applicable law. Any such violations will be reported to the appropriate authorities and We will cooperate with those authorities by disclosing your identity to them. In the event of any violation of this provision, the right to access the Website will be immediately terminated.We will not be responsible for any loss or damage caused by a DoS attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other proprietary material due to your use of the Website or your downloading of any material there. placed or on any web page linked to the Website.
2. Emends
We reserve the right to:
- update these Terms as needed, and any notifications will be provided to you through advertisements on the Website. Nevertheless, it is your responsibility to verify such modifications. These modifications will apply to your use of the Website after notification of them. Continued use of the Website after the date on which the changes take effect indicates your agreement to be bound by the new Terms;
- modify or withdraw, temporarily or permanently, this Website and the material (or parts) contained therein without prior notice and You agree that we will not be liable to you for any modification to or withdrawal of the Website or any content;
- disable any user access at any time if in our opinion you have failed with any provision of these Terms.
3. Login
By using this website a user assures that:
Is legally able to enter into binding contracts; is at least 18 years old; The personal information you provide at registration is true, accurate, up-to-date and complete at all points. and is not impersonating another person or entity.
You undertake to notify us immediately of any changes to your personal information by e-mail or by contacting our customer support by telephone:
Tel: (+351) 927 382 385
3.1 Username, password and safety
Each time you open an account on OliveEmotion’s website, you are asked to choose a password to ensure the protection of your data as well as to enter an email address.
The User is responsible for preserving the confidentiality of his or her User account and password, and is equally responsible for all acts performed through the use of his or her User account or password. You may change your password as many times as you wish by following the instructions provided in your personal area.
The User undertakes to: Notify OliveEmotion immediately of any unauthorized use of the User account or any other breach of security;
Ensure your User account is logged out at the end of each session.
OliveEmotion shall not be liable for any loss or damage arising from your failure to comply with this clause.
3.2 Cookies and similar files
Ready our privacy policy
4. Privacy Policy
All your personal information will be treated as confidential and used in accordance with our Privacy Policy. In addition, we will process all information about you in accordance with our Privacy Policy. By using the Website you consent to these processing and warrant that all information provided by the User is accurate.
When you shop on this website, we will ask you to enter personal details so that we can identify you, such as your name, email address, billing address, shipping address, credit card information or other payment options. We guarantee that this information will be stored by Us in accordance with rules governed by the new Personal Data Protection Legislation 2016 (RGPD)
5. Protecting your safety
As a growing volume of fraudulent credit card transactions, we make every effort to ensure that all orders are thoroughly verified using the information already provided. There is a possibility that the User may be contacted for additional security checks and therefore we ask your cooperation to enable us to complete them. Fraudulent transactions will not be tolerated and such transactions will be reported to the competent authorities.
By accepting these Terms, you consent to these checks. By performing these checks, personal information you provide may be disclosed to registered credit bureaus who may maintain a history of such information. This is only to confirm your identity. We do not perform any credit checks and your credit rating will not be affected. All information provided by the User will be treated safely and strictly in accordance with applicable law.
6. Third Parties
For the convenience of our customers, the Website may include links to other web pages or material beyond our control. Please be advised that we are not responsible for or review or support such pages or material. We will not be liable for the privacy or content practices of these pages or for any damage, loss or offense caused or allegedly caused in connection with, the use of our reliance on any commercials, content, products, materials or services available on such pages. or external means.
7. Orders
All orders are subject to acceptance and availability. If the ordered goods are not available, the User will be notified by email (or other means if no email address has been provided) and may choose to wait for the product to be available in stock or cancel the order.
Any orders placed by you will be treated as an offer to purchase our goods or services, and as such, we reserve the right to decline these offers at any time. You acknowledge that automated confirmation of your order does not validate our acceptance of your offer to purchase products or services advertised on the Website. The conclusion of a contract between Us and the User will take place when We debit your credit card, debit or Paypal account, Voluntary Referral Cash Payment, or Bank Transfer, we dispatch the goods, at the latest, at which time it will be. An email was sent to the User confirming that the contract was completed (“Shipping Confirmation”).
The contract will only be for goods or services whose dispatch has been confirmed in the Confirmation of the same.
Products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and suspend accounts that we believe are ordering products in violation of this point.
It will be the User’s responsibility to assume the risk of the products once delivered to the delivery address specified when ordering. We accept no liability when given an incorrect shipping address or when you do not pick up the products at the specified shipping address. All expenses for Re-shipment (Forwarding) are the sole responsibility of the User (Customer).
8. Cancellation rights
When purchasing goods or services as a consumer, You have the right to cancel any contract entered into with us within 14 days of the date of invoice for Your goods or services (“Reflection Period/Return Right”).
In the event that You cancel a contract within the Reflection Period, then:
you must notify us by email or write to DREAMFORMULA, UNIPESSOAL LDA (trading as OliveEmotion);
shall keep the goods or services in its possession and ensure that these goods or services are kept in the same condition as they were at the time of delivery and until they are collected by Us or returned by You;
You will be notified by Us of when we will collect the goods or services. These goods and services will be collected by Us within 28 days of receipt of notice from You of cancellation. Alternatively You may return the goods or services by contacting a customer service operator on (+351) 927 382 385 (8h-18h/sec) which will provide You with a shipping address;
we will refund the amount you have paid within 30 days of receiving notice of cancellation from the User and only after confirmation of the physical condition of the object of the return.
If You return any goods for any other reason (e.g. if You believe that the goods are defective), We will examine the returned goods and, to the extent that We find the extent of the defects, We will repair or replace any defective goods or refund You the full price of the defective goods (including any delivery costs and any other reasonable costs You may incur in returning the product).
You should follow our return authorization procedure by contacting us by phone or email. You should contact us as soon as possible and preferably within 3 days of receiving the goods. If we conclude that a returned product is flawless, the postage costs incurred will be the responsibility of the User.
9. Prices and payment
All prices on the Website include VAT (where applicable) at the rate in force and are correct at the time of entering the information into the system. However, we reserve the right to change prices at any time without notice (unless changes affect orders for which a Dispatch Confirmation has already been sent).
If the delivery address of the User is in Portugal no additional taxes will be charged. If the delivery address of the User is outside of Portugal, it may be subject to import costs and taxes (including VAT) which are charged when the order arrives in the country of destination. Any additional costs will be borne by the User. Customs policies and practices vary from country to country. We recommend that you contact your local customs office for additional information.
Payment can be made by any credit card, via Paypal, or bank transfer. Exclusively for Portugal, we also have payment by Multibanco Reference.
The payment will be debited from your account before the dispatch of goods or service.
We always try to ensure that the prices of goods displayed on the Website are accurate but occasionally errors may occur. If we discover an error in the price of goods ordered by the User, he will be informed as soon as possible and will have the option to keep the order at the correct price or proceed to its cancellation. If you choose to cancel and have already paid for the goods (but have not yet been shipped) you will be refunded in full.
The User confirms that the credit card, debit card or Paypal account used is yours. All credit or debit card holders are subject to validation and authorization by the card issuer. If the payment card issuer of the User refuses or for any reason does not authorize the payment, we cannot be held responsible for any delays or non-delivery.
We authorize the use of promotional codes strictly on the terms and conditions on which they were issued which, among others, may include terms relating to Your eligibility to use them and a maximum order value. You should familiarise yourself with these terms and conditions before placing your order as we reserve the right to reject or cancel any orders that do not comply with these Terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions under which the promotional codes were issued and these Terms, the terms and conditions of the promotional codes shall prevail. You can obtain a copy of the terms and conditions of the discount codes from our customer service by email or by calling us:
- e-mail: info@OliveEmotion.com
10. Intellectual property
The content of the Website is protected by copyright, trademarks, databases and other intellectual property rights. You acknowledge that the material and content provided as part of the Website will remain with us or our licensors. You may search for and display the content of the Website on a monitor, store content in electronic form on disk (but never on a server or any storage device connected to a network) or print a copy of the content for personal, non-commercial use, keeping intact any and all copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
11. Limited Liability
Supply of goods:
If we fail to comply with these Terms due to our fault, we shall only be liable to You for losses incurred as a result of our failure to comply (whether in contract, damage (including negligence), breach of statutory duties or vice versa) and which are a foreseeable consequence of our failure.
Nothing in these Terms excludes or limits our liability to:
fraud or fraudulent conduct;
any breach of obligations under applicable laws;
defective products under consumer protection law;
any deliberate breach of these Terms that would enable a breach of contract; or
any other matter for which it would be unlawful for us to exclude or attempt to exclude your liability
Use of the Website:
You acknowledge that we cannot guarantee or be responsible for the security or privacy of access to your account, or personal data, where this has been accessed via phishing or the absence of anti-virus software on your terminal.
The User must carry the risk associated with the use of the Internet.
If we are informed of any inconsistencies on the Website, we will try to correct them as soon as possible. In particular, we reject any liability in connection with the following:
incompatibility of the Website with any equipment, programs or telecommunications connections of the User;
technical problems, including errors or inaccuracies of the Website; and
failure of the Website to comply with the User’s requirements.
12. Separation
If any part of the Terms is found to be illegal, void or for any other reason unenforceable, then that part shall be deemed severable from these Terms and shall not affect the enforceability and performance of any remaining part of these Terms.
13. Satisfaction Guarantee
OliveEmotion gives you the guarantee that its products and services are of quality. If you are not 100% satisfied with your purchase, you only have to contact OliveEmotion and follow our returns policy.
OliveEmotion takes its commitment to customer satisfaction very seriously. However, there are certain situations that are out of our reach and that, for that reason, are not covered by this guarantee. Please note that we cannot be held responsible for incorrect address indication by the customer.
We recommend that you make a thorough review of your drawings and correct possible errors before placing your order.
Notwithstanding all the legislation in force, either in the framework of Internet sales or general rights of the consumer, OliveEmotion, always seeks to listen to the customer and all issues inherent to the cause of their dissatisfaction or complaint, and will always seek to resolve it in the most appropriate way with each case and with the customer in the center of resolution.
14. Criticism/Evaluations
By submitting a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to reproduce, modify, adapt, publish, translate, derive, distribute and display such content around the world by any means of communication.
You grant OliveEmotion the right to use the name provided in connection with such content if you so wish.
The User agrees to waive the right to be identified as the author of such content and to object disparagingly to such content.
You guarantee all future acts necessary to perfect any described rights granted by You to Us, including the execution of deeds and documents, at the request of OliveEmotion.
15. Port Offer Campaign
The offer of costs associated with shipping your order, will only be considered for shipments made in the Portuguese territory.
16 Dispatch
16.1 Risks
The ownership and risk of loss of all products ordered by the User are transferred to the Carrier with the shipment and are transferred to the User when he signs the proof that the products ordered have been received. Purchases are subject to OliveEmotion’s shipping and return policy.
16.2 Delivery times
Delivery times will always be calculated based on the country of destination, and for mainland Portugal, deliveries are planned within 24 hours after confirmation of payment and 3 days for islands.
16.3 – Prices and Carriers
The value of the shipment will be calculated based on the total weight of your order, according to the rate negotiated with the Carrier and the OliveEmotion and its Delivery Geographical Zone. The calculation will be executed automatically by our system, in the environment of the cart and/or in the phase of conclusion, being indispensable to begin by indicating the delivery address for the definitive calculation.
17. Invoicing
The invoice is sent to the customer through his email account after confirmation of payment.
The client must communicate to OliveEmotion, through the available channels, whenever he wishes his invoice in paper format.
If you want an invoice with taxpayer number, this must be indicated in the input itself in the form of completion of the online store.
18. Alternative Dispute Resolution
In the event of a consumer dispute as established in Law no. 144/2015, of 8 September, the consumer may resort to the European online Dispute Resolution Platform (available at http://ec.europa.eu/consumers/odr ) or to the following alternative dispute resolution entities CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www.arbitragemdeconsumo.org );
CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo) (www.consumidoronline.pt/)
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra (www.centrodearbitragemdecoimbra.com );
Centro de Arbitragem de Conflitos de Consumo de Lisboa (www.centroarbitragemlisboa.pt );
Centro de Informação de Consumo e Arbitragem do Porto (www.cicap.pt);
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral (www.triave.pt );
Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court) (www.ciab.pt ); and
Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira (www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx ).
For more information, consult the Consumer Portal at
www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx .
