Terms of service

These terms and conditions are related to the use of the website www.violetastore.pt by users and their relationship with our brand.

The website www.violetastore.pt is owned and operated by Silva Pinto & Monteiro Araújo, Lda, a company with tax identification number 514292830, headquartered at Rua Amália Rodrigues, No. 183, 4630-420 Marco de Canaveses - hereinafter referred to as Violeta, with general email geral@violetastore.pt  and telephone contact (+351) 912 698 872 (calls to the national mobile network).

Please read carefully as these terms and conditions affect your rights and obligations under the law.

If you do not agree to these Terms, please do not access or use the Website.

If you have any questions about these Terms, please contact us.

These Terms and Conditions (hereinafter "Terms") define the use of the Violeta website (hereinafter "Website") by users (hereinafter "User") and their relationship with our brand (hereinafter "We", "our"). Please read all articles carefully as they affect your rights and duties in accordance with applicable law.

By ordering any of our products or services, the User agrees to be bound by these Terms.

You should print a copy of these Terms for future reference.

1. Agreement
   By using the Website, you agree to be bound by these Terms and authorize us to transmit data (including updated information) to obtain information from third parties, including but not limited to, User's debit and credit card numbers or credit reports in order to authenticate your identity, validate your credit card, obtain initial credit authorization, and authorize individual transactions.

2. Amendments
   We reserve the right to:

• update these Terms regularly. It is your responsibility to check for such modifications. These modifications will apply to the use of the Website after notification thereof, through an announcement on the Website. If the User does not wish to accept the new Terms, they should not continue to use the Website. The continued use of the Website after the date on which the modifications take effect indicates 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 the User agrees that we shall not be liable for any modification or withdrawal of the Website or any content;
• deactivate any user identification code or password that we have provided, whether chosen by you or assigned by us, at any time, if in our opinion the User has failed to comply with any provision of these Terms.

1. Registration
   By using this Website, the User warrants that:

• they are legally capable of entering into binding contracts;
• the personal information provided at the time of registration is true, accurate, current, and complete in all respects;
• and they are not impersonating any other person or entity. The User agrees to notify us immediately of any changes to their personal information by email or telephone contact.

1. Privacy Policy
   All of your personal information will be treated as confidential and will be processed and used in accordance with our Privacy Policy. By using the Website, you consent to these processes and warrant that all information provided is accurate. When purchasing 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, delivery address, credit card information, or other means of payment. We guarantee that this information will be stored by us in accordance with all applicable legal premises in force in Portugal.

2. Protecting your security
   To ensure that your debit, credit, or prepaid card is not being used without your consent, we will validate the name, address, and other personal information provided during the ordering process with appropriate third-party databases. We take the risk of online fraud seriously. There is a possibility that the User may be contacted for additional security checks, and therefore, we request your cooperation.

Fraudulent transactions will not be tolerated, and any attempt will be reported to the appropriate authorities.

By accepting these Terms, the User consents to these checks being carried out. By carrying out these checks, the personal information provided by the User may be disclosed to registered credit agencies that may maintain a record of that information. This is done only to confirm the User's identity. We do not conduct any credit checks, and your credit rating will not be affected. All information provided by the User will be treated with the utmost security and in accordance with the applicable law.

1. Compliance
   This Website may only be used for legal purposes and in a lawful manner. The User agrees to comply with all applicable laws, statutes, and regulations regarding the Website and its use.

The User agrees not to:

• upload or transmit through the Website any computer viruses, Trojans, worms, logic bombs, or anything else designed to interfere with or disrupt the normal operation of a computer;
• upload or transmit through the Website any material that is defamatory, offensive, or obscene in nature; and
• attempt to gain unauthorized access to the Website, the 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.

Any such violations will be reported to the appropriate authorities, and we will cooperate with those authorities by disclosing the User's identity to them. In the event of a violation of this provision, the User's right to access the Website will be immediately terminated.

We shall not be liable 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 posted there or on any website linked to the Website.

1. Third-party links
   For the convenience of our customers, the Website may include links to other websites or materials beyond our control. Please note that we are not responsible for such pages or materials, nor do we review or endorse them. We shall not be liable for the privacy practices or content of these pages, nor for any damage, loss, or offense caused or allegedly caused in connection with the use of our reliance on any advertising, content, products, materials, or services available on such pages or external media.

2. 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 an email address has not been provided) and may choose to wait for the product to become available in stock or cancel the order. Any orders placed by the User will be treated as an offer to purchase our goods or services, and as such, we reserve the right to refuse these offers at any time. The User acknowledges that the automated confirmation of their order does not validate our acceptance of your offer to purchase products or services advertised on the Website. A contract between us and the User will be concluded when:

(i) payment is made for said order or;
(ii) we dispatch the goods or commence the services, whichever is later, at which time an email will be sent to the User confirming that the contract has been concluded ("Shipping Confirmation").

The contract will only be related to the goods or services whose dispatch has been confirmed in the Shipping Confirmation. We will take all reasonable care to keep the details of the order and payment secure, so in the absence of our negligence, we shall not be held responsible for any loss you may suffer if a third party gains unauthorized access to any data provided by the User when accessing or ordering from the Website.

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 specified delivery address at the time of ordering. We do not accept responsibility when an incorrect delivery address is provided or when the User does not collect the products at the specified delivery address.

However, the risk of loss or damage to the products will only be your responsibility after delivery to the delivery address.

Violeta entrusts the delivery of its orders to an external transport service, proceeding to send the ordered product(s) on the days and times used by the logistics company, to the delivery address indicated by the customer.

The estimated delivery time for orders varies between 1 to 2 business days for delivery addresses in mainland Portugal and 3 to 5 business days for delivery addresses in the Azores or Madeira archipelagos. Delivery times may experience delays during periods such as Christmas, Black Friday, among others.

The costs associated with shipping the order are the responsibility of the customer. Shipping has a fixed cost of €5.00 per order, except for orders with a value equal to or greater than €250, for which shipping costs are free, assumed by Violeta.

Violeta is not responsible for any costs associated with possible customs clearances, which are the responsibility of the customer.

Violeta will inform the customer of the unavailability of the ordered product(s) and proceed to refund the amount paid within a maximum period of 15 (fifteen) days from the acknowledgment of unavailability.

Delivery is considered completed upon signature on the delivery receipt at the agreed-upon address.

1. Exchange or Cancellation
   Rights As provided by law, Violeta allows the exchange and return of items, provided they have not been used by the customer and remain in the same condition as when they were sent.

Requests for exchange or return must be clearly expressed by sending an email to customer support – geral@violetastore.pt, within a maximum period of 14 days after receiving the order.

Exchanges will only be accepted for items of equal or greater value than the item being exchanged. The shipping costs associated with the exchange process are entirely the responsibility of the customer.

In the case of returns due to defects or other non-conformities regarding the ordered products, Violeta assumes responsibility for collecting the item, including the shipping costs.

The refund amount will be reimbursed through the same method used by the customer in the initial purchase within a maximum period of 14 business days after receiving the items at our facilities.

Any exchange or return is subject to confirmation by Violeta upon analysis of the condition of the item(s). After receiving the item(s) at our facilities, we conduct a careful analysis, and the return will only be accepted if the following requirements are met:

a) The product(s) show no signs of use or handling;
b) The product(s) maintain their original characteristics and intact labels;
c) The product(s) are complete and were sent back along with all the material that accompanied the original order. Any request for exchange or return must indicate the order number and evidence of defects, if any.

1. Prices and Payment
   The prices displayed on the Website include VAT at the current legal rate.

The prices shown are correct at the time of entering the information into the system. However, we reserve the right to change prices at any time without prior notice (except for changes affecting orders for which an Order Confirmation has already been sent).

In the unlikely event that the price shown on the confirmation page is incorrect and this error is discovered before we accept the User's order, in accordance with clause 9, we are not obliged to sell the goods at the displayed price. 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, the User will be informed as soon as possible and will have the option to maintain the order at the correct price or cancel it. If the User chooses cancellation and has already paid for the goods (but they have not yet been dispatched), they will be refunded in full.

The User confirms that the payment method is managed by them, among the options provided by Violeta: Multibanco, credit card, MBWay, PayPal, Google Pay, and Apple Pay.

We reserve the right to await payment within 24 hours. In the event of unsuccessful payment, you will be notified via the provided email address.

If you do not want us to attempt to process the payment again, please cancel your order before processing.

We authorize the use of promotional codes strictly under the terms and conditions under which they were issued, which may include terms related to the User's eligibility to use them and a maximum order value. The User must familiarize themselves with these terms and conditions before placing the 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 promotional codes were issued and these Terms, the terms and conditions of the promotional codes prevail. You can obtain a copy of the terms and conditions of discount codes through our email or telephone contact.

1. Intellectual Property
   The content of the Website is protected by copyright, trademarks, databases, and other intellectual property rights.

The User acknowledges that the material and content provided as part of the Website will remain with us. You may search for and display Website content on a monitor, save content in electronic format on disk (but never on a server or any networked storage device), or print a copy of the content for personal, non-commercial use, always keeping all copyright and proprietary notices intact.

You may not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any of the materials or content of the Website.

1. Limited Liability
   Supply of goods: (a) In the event of our failure to comply with these Terms due to our fault, we shall only be liable to the User for losses suffered as a result of our breach (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) and which are a foreseeable consequence of our failure. (b) Nothing in these Terms excludes or limits our liability for: – death or personal injury caused by negligence; – fraud or fraudulent misrepresentation; – any breach of implied obligations under applicable laws; – defective products under consumer protection law; – any deliberate breaches of these Terms that would enable a breach of contract; or – any other matter for which it would be illegal for us to exclude or attempt to exclude liability from the User.

Website use: The Website is available on an "as is" and "as available" basis without any representation or endorsement, and we do not provide any warranty, express or implied, regarding it or its use. The User acknowledges that we cannot guarantee or be responsible for the security or privacy of the Website or any information provided by the User. You must bear the risk associated with using the internet. Although we try to ensure that the material included on the Website is correct, reliable, and of high quality, we cannot accept responsibility if this is not the case. We will not be liable for errors or omissions or for the results obtained from using this information or any technical problems you may have when using the Website. If we are informed of any discrepancies on the Website, we will try to correct them as soon as possible. In particular, we reject any liability related to: – incompatibility of the Website with any User equipment, programs, or telecommunications connections; – technical problems, including errors or inaccuracies of the Website; and – failure of the Website to meet the User's requirements. To the fullest extent permitted by law, the User agrees that We shall not be liable for any consequential or incidental damages (both terms include, without limitation, loss of liquidity, loss of profits, loss of business, loss of anticipated savings, waste of resources, loss of privacy, and loss of data) or any other indirect, special, or punitive damages arising out of or related to the use of the Website.

1. Severance
   If any part of the Terms is deemed unlawful, void, or for any reason unenforceable, then that part shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining part of these Terms.

2. Waiver
   No waiver by Us shall be deemed a waiver of any preceding or succeeding breach under the terms provided.

3. Entire Agreement
   These Terms constitute the entire basis of any agreement between Us and the User.

4. Law and Jurisdiction
   These Terms shall be governed and construed in accordance with the laws of Portugal, and any disputes shall be exclusively decided by Portuguese courts.

5. Reviews
   By submitting a review, the User grants Us the right to publish, translate, derive, distribute, and display such content through any means of communication that is available to us.
   The User grants the right to use the name provided in connection with such content if We so desire.
   The User agrees to waive the right to be identified as the author of such content and to object derogatorily to this content.

Updated as of March 4, 2024.