Terms and conditions

1. Introduction

This document (with the documents mentioned in the annex) establishes the conditions that determine the use of this Website (poppersareus.com) and the purchase of products on it (hereinafter “Conditions”).

We ask that you carefully read the conditions in our Cookies Policy and Privacy Policy before using this Website. When using this Website or placing an order through it, the customer is aware that they must comply with these conditions and our privacy policies. Therefore, if you do not agree with all the conditions and privacy policies, you should not use this website.

These conditions may be changed, it is your responsibility to read them periodically, as the conditions in force at the time of using the Website or concluding the contract (as defined below) are those that will be applicable. If you have questions regarding the conditions or privacy policies, you can contact us using our contact form. The Contract may be formalized, at your choice, in any of the languages in which the Conditions are available on this Website.

2. Our data and contacts

This Website is run under the name “Poppers Are Us” by “FÁBIO MANUEL CORREIA VIANA”, ENI with a registered office at Rua Silveira Campos 24 R/C AR 4490-107 Póvoa de Varzim, with NIF 248 341 952 and email contacto@poppersareus.com.

3. Your data and your visits to this Website

The information or data provided by the customer will be treated as established in the Privacy Policy. By using this Website, the customer consents to the processing of said information and data and declares that all information or data provided to us is true and corresponds to reality.

4. Use of the Website

When using our Website or placing orders through it, the customer undertakes to:

• Use this Website only to make legally valid inquiries or orders;
• Do not place any false or fraudulent orders;
• Provide us with your email address, postal address or other contact details, truthfully and accurately.

If you do not provide us with all the necessary information, we will not be able to process your order.

When placing an order through this Website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.

5. Disclaimer

When placing an order through this Website, the customer undertakes to:

• To use the purchased products according to their instructions for use;
• Never use purchased products for inhaling, inhaling, ingesting, or for any other use besides those indicated on the packaging;

Therefore, when placing an order through this Website, you declare that you exempt us from any responsibility for misuse of the products sold by us.

6. Service availability

The items presented on this Website are available for delivery only in Portugal, Spain, Brazil, and the rest of the world. If you wish, you can order items from another EU Member State, outside of Portugal, through this Website, and the ordered items can only be delivered to the countries to which we ship. Additionally, orders can be picked up at our pick-up agent: Natur’Art located at Rua Florinda Maçães, Loja 5 4490-090, Póvoa de Varzim, or carrier pick-up networks, when available.

7. Conclusion of the contract

To place an order, you must follow the online purchase procedure, until the moment you confirm payment, and before that, you must read and accept these Conditions. By doing so, you are entering into a purchase and sale contract with us.

8. Availability of products

All product orders will be subject to availability. In this sense, if any difficulty occurs regarding the supply of products or if there are no items in stock, we will inform you immediately of their unavailability, and we will refund any amount paid by you within 30 days.

Please note that an order is only considered valid, and the products mentioned in it reserved, after full payment for the order has been made. Until payment is completed, no product reservations will be made. This situation applies to payments by ATM reference, payshop or bank transfer.

9. Delivery

Without prejudice to the provisions of clause 8, and unless extraordinary circumstances occur, we will attempt to send the order relating to the products mentioned within a maximum period of up to 24 working hours, after confirmation of payment (except in the case of payment being agreed with shipping with service charge on delivery).

If we are unable to meet the delivery date for reasons beyond our responsibility, we will inform you of this circumstance, giving you the option to continue with your purchase, establish a new delivery date, or cancel the order with a refund. total amount paid, without prejudice to the remaining rights that you may have under the terms of applicable legislation.

According to these conditions, the “delivery” must have been made or the order “delivered” when the customer or a third party indicated by them, is physically in possession of the products, which will be evidenced by the monitoring systems, or “tracking”. of the services of contracted carriers.

10. Impossibility of delivery

If it is impossible to deliver your order, the carrier will leave a communication indicating where your order is and what to do to deliver it again. If you are not at the delivery location at the agreed time, we ask that you contact the carrier to organize delivery for another day. Please note that, if the product is not delivered within the stipulated deadline, you may be charged for costs relating to storage of the products and new delivery attempts.

In situations of orders shipped outside the EU, and which are subject to validation/inspection by customs authorities (customs). If it is confiscated, subject to extra fee payments (non-payment of fees, or expiration of the payment period), or simply destroyed, we inform you that we are completely unaware of these situations and for this reason, we will not provide any compensation or refund.

As stated on the shipping and returns information page, the customer is responsible for checking whether the product they are importing is legal in the country where they will receive it. The customer accepts these conditions when placing the order and assumes all costs and risks inherent to its purchase.

Furthermore, for purchases destined for countries outside the European Union, if the order is returned and the products are in suitable condition to be returned to our stock. The total amount spent by the customer will be refunded exclusively in the form of a voucher. However, it is important to note that the amount refunded will not include original shipping costs and any products that may be returned that are damaged or showing signs of wear or tear.

In the case of orders that are not delivered or are not claimed and are, for this reason, returned, a fixed amount of 10 euros will be due to cover the costs related to packaging, packaging, and shipping by the carrier. This measure also applies to orders sent with free shipping, with the amount automatically deducted from the amount refunded or charged separately, as applicable.

11. Product exchanges and returns

After purchasing a product on our website, you have 14 days to return it, from receipt of the order, in accordance with the right of free resolution, provided for in Decree-Law No. 24/2014, of 14 December. February. You may do so, as long as the following conditions are met:

• Presentation of the product purchase invoice.
• Products must be delivered in the same conditions in which they were sold — without scratches, without external damage or signs of use, intact, sealed and packed in their original packaging.
• Shipping by postal service in a rigid box with the products well packaged.

To exercise your right of free termination, you must communicate your decision to terminate this contract through an unequivocal statement by letter sent by post or email to the contact details indicated above in clause 2.

If you exercise your right to free resolution, you will bear the full costs of returning the goods and should not, under any circumstances, send the items without having made prior contact, as they will not be received.

You must return the goods without undue delay and no later than 14 days from the day on which you informed us of the free termination of the contract. It is respected if you return the goods before the end of that 14-day period. All items will be checked upon arrival at our service, and only those that comply with the return conditions will be accepted for exchange or return.

12. Transfer of risks and ownership of products

The risks of the products will be borne by the customer from the moment they are delivered. The customer will acquire ownership of the products when we receive full payment of the amounts due in relation to them, including shipping costs, or at the time of delivery.

13. Price and payment

The price of each product will be that stipulated, at any time, on our website, except in the case of an obvious error. Although we try to ensure that all prices shown on the page are correct, errors may occur. If we detect an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact the customer, the order will be cancelled and the amount paid will be refunded in full.

We are not obliged to supply you with any product at a lower price if the error in pricing is obvious and unmistakable and could reasonably have been recognized by the customer as being incorrectly priced.

The prices on this website include VAT, but do not include shipping costs, which will be added to the total amount owed.

Once you have made your purchases, all the items you wish to purchase have been added to your cart and the next steps will be to complete the order and pay. To accomplish this, you must follow the steps of the purchase process, filling in or verifying the information requested at each step. You can make payment by:

• Credit or debit bank cards (VISA, MasterCard and others)
• MBWay (payments via mobile phone applications such as MBWAY, or home banking)¹
• Multibanco Reference (payment via ATMs, or home banking service)¹
• Payshop (payment at the Payshop agent network, CTT stores or post offices)¹

These forms of payment are subject to verification or authorization by the issuing entities, but if they do not authorize payment, we will not be responsible for any delay or lack of delivery and will not be able to formalize any Contract with the customer.

⁽¹⁾ Only available for payments in Portugal.

14. Shop as a guest

This website also allows purchasing through the guest purchasing functionality. In this type of purchase, only the essential data is requested to be able to place your order. Once the purchase process has been completed, you will be offered the possibility to register as a user or continue as an unregistered user.

15. Value added tax (VAT)

All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.

16. Viruses, hacking and other computer attacks

You must not misuse this website by intentionally introducing viruses, Trojan horses, logic bombs or any other technologically harmful or harmful material. You must not gain unauthorized access to this website, the server on which this page is located or any server, computer, or database related to our website. You undertake not to attack this website through a denial-of-service attack, or a distributed denial-of-service attack.

Failure to comply with this clause may result in the commission of offences typified by applicable legislation. We will inform the competent authorities of any non-compliance with said legislation and will cooperate with them to discover the identity of the attacker. In case of non-compliance with this clause, you will also no longer be authorized to use this website.

We will not be responsible for any data or loss resulting from a denial-of-service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data, or material. As a result of your use of this website or the downloading of content from it, or content to which it redirects.

17. Links from our website

If our website contains links to other pages and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of these pages or materials. Therefore, we will not accept any liability for damage or loss arising from its use.

18. Written communication

Applicable law requires that some information or notices we send you be in writing. By using this website, you accept that most notifications from us are electronic. We will contact the customer by email or provide information through notices placed on this website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other notifications sent electronically satisfy the legal requirement that such notifications be made in writing. This condition will not affect the rights recognized by law.

19. Transfer of rights and obligations

The contract commitment applies to you and us, as well as our respective successors, people who benefited from transfers made by us and heirs. You may not convey, waive, attach or in any other way transfer a contract or any of the rights or obligations arising therefrom without obtaining our prior written consent.

20. Force of circumstances reasons

We will not be responsible for any failure or delay in any of the obligations undertaken by us under a Contract, the cause of which is due to events beyond our control (Force Majeure).

The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our control, including, among others, the following:

• General strike, or other forms of protest that significantly affect the country;
• Disturbances of public order, riots, invasion, terrorist attack or terrorist threat, war (declared or not) or threat, or preparation for war;
• Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster;
• Impossibility of using trains, boats, aircraft, motor transport or other means of transport, public or private;
• Impossibility of using public or private telecommunications systems.

21. Partial cancellation

If any of these Conditions or any provision of a Contract are declared null and void, by firm resolution by a competent authority, the remaining terms and conditions remain in force, without being affected by this declaration of nullity.

22. Single agreement

These Conditions and all documents to which express references are made constitute the entire agreement between us and the customer, regarding the subject of the Contract. They replace any other pact, agreement or promise previously established between us and the customer, verbally or by written.

We and the customer acknowledge that we have consented to the execution of the Agreement without having relied on any representation or promise made by the other party. We cannot interfere with any written statement in the negotiations entered into by both parties before this Agreement. This is except for what is expressly mentioned in the present Conditions.

23. Applicable law and jurisdiction

The use of our website and purchase contracts made through this page are governed by Portuguese law. This provision does not affect the other rights recognized to the consumer by current legislation.

24. Comments and suggestions

Your comments and suggestions are always welcome. We ask that you send your comments and suggestions through our contact details or via email at contacto@poppersareus.com.

25. Alternative dispute resolution

We inform you in accordance with EU Regulation No. 524/2013 — which gives you the right to try to resolve any dispute extrajudicially through the European portal for conflict resolution (https://ec.europa.eu/consumers/odr /).

You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of September 8, on the Consumer Portal (https://www.consumidor.gov.pt /).