Terms of service
1. Scope and Object of the General Store Conditions
These General Terms and Conditions, together with the order form and the other elements referred to therein, are intended to regulate the terms and conditions governing the provision of the myluvide.com Online Shop Service by Maria José Broas Nunes da Silva, with registered office at Largo das Flores, 1 Vila Verde 2705-886 Sintra, under the single registration and legal person identification number 184576709, hereinafter referred to as ‘My Luvide’.
The Service consists of providing, via the INDICATE address, access to the Online Shop which, in addition to providing information on a range of products, allows the User to electronically order the products advertised therein, under the terms and conditions described herein.
Product orders must be placed by Users aged 18 (eighteen) or over (individuals under this age must be authorised by their representatives). The elements and information transmitted by the User will enjoy full legal effect, with the User recognising the electronic purchases and not being able to claim lack of signature for breach of the obligations assumed.
2. Product Information and Content
My Luvide will endeavour to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to cancel the purchase contract under the applicable legal terms (right of free cancellation).
My Luvide will endeavour to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for My Luvide to control, such as human error or computer system failures, some of the products ordered by the User may not be available. If a product is not available after you have placed your order, you will be notified by email or telephone. You will then be offered the chance to cancel the order with a refund if you have already paid for it.
3. Responsibilities
3.1 All products and services commercialised in the My Luvide Online Shop are in accordance with Portuguese law.
3.2 The Store has adequate levels of security, however My Luvide shall not be liable for any damages suffered by the User and/or third parties as a result of delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or arising from the downloading (‘download’) through the service of files infected or containing viruses or other properties that may affect the User's equipment. If for any reason access to the myluvide.com Online Shop website is not possible, My Luvide shall not be liable for any damages.
3.3 Data and information queries made within the scope of this Service are presumed to have been made by the User, and My Luvide shall not be held liable for any misuse or fraudulent use of the information obtained.
3.4 My Luvide shall not be liable for any loss or damage caused by misuse of the Service which is not directly attributable to My Luvide through wilful misconduct or gross negligence.
3.5 My Luvide shall not be liable for any loss or damage arising from the non-fulfilment or defective fulfilment of the Service when this is not directly or indirectly attributable to it by way of intent or gross negligence, and shall not be liable in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) non-compliance or defective fulfilment resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective fulfilment resulting from the occurrence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to My Luvide and which cannot be controlled by My Luvide, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by My Luvide which prevent or jeopardise the fulfilment of the obligations assumed.
3.6 My Luvide does not guarantee that:
i) the Service is provided uninterruptedly, is secure, error-free or works infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfils any expectations of the User in relation thereto;
iii) any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from such operation.
iv) no advice or information, whether oral or written, obtained by the User from or through the Service shall create any warranty that is not expressed in these General Conditions.
3.7 The User accepts that My Luvide can in no way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of the occurrence of such damages), resulting from:
i) the use or impossibility of using the Service;
ii) the difficulty of obtaining any substitute goods/services;
iii) unauthorised access to or modification of personal databases.
4. Consumer obligations
4.1 The user undertakes to:
i) Provide correct personal data and addresses;
ii) Not use false identities;
iii) Respect the order limits imposed.
4.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and My Luvide declines any responsibility. In the event that the consumer violates any of these obligations, My Luvide reserves the right to eliminate future purchases, block access to the shop, cancel the supply of any other services made available simultaneously by My Luvide to the same User; and also not allow future access by the User to any or all of the services made available by My Luvide.
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9. Leather
9.1 Genuine leather products sometimes have imperfections, particularly in colour and thickness, which cannot be considered a defect as they are of animal origin.
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10. Intellectual Property
10.1 The Shop is a registered site and the Service provided by the site itself is the responsibility of My Luvide.
10.2 The User recognises that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
10.3 The User acknowledges that any content appearing in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws on copyright and related rights, the laws on industrial property and other property protection laws, and that any use of such content may only occur with the express authorisation of the respective owners.
10.4 The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from carrying out any acts that may violate the law or these rights, such as the reproduction, commercialisation, transmission or making available to the public of this content or any other unauthorised acts that have the same content as their object.
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11. Service Security Conditions
11.1 The User undertakes to comply with all applicable legal provisions, in particular not to practice or encourage the practice of unlawful acts or acts that offend morality, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules for using the Service, failing which My Luvide will suspend or deactivate the Service under the terms set out in point 14.
11.2 The User expressly recognises and accepts that the IP Network is a public electronic communications network that may be used by several users and, as such, is subject to computer overloads, so My Luvide does not guarantee that the Service will be provided without interruptions, loss of information or delays.
11.3 My Luvide also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or of force majeure (situations of an extraordinary or unforeseeable nature, external to My Luvide and which cannot be controlled by it).
11.4 In the event of an interruption in the provision of the Service for reasons of unforeseeable overload of the systems on which it is based, My Luvide undertakes to regularise its operation as soon as possible.
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12. Suspension and deactivation of the Shop Service
12.1 Irrespective of any prior or subsequent communication, My Luvide may, at any time and in its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
12.2 My Luvide also reserves the right to immediately suspend or terminate access to the Service in the following cases:
a) When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When My Luvide ceases access to the Shop, with prior notice of 15 days before the date of cessation.
12.3 Suspension or termination of the Service by My Luvide, under the terms of the preceding paragraphs, shall not entitle the User or third parties to any indemnity or other compensation, and My Luvide shall not be held liable or in any way encumbered for any consequence resulting from the suspension, cancellation or termination of the Service.
12.4 In the situations described above, My Luvide will notify the User in advance so that he/she can, if he/she wishes, safeguard the content of his/her order viewing area within 3 (three) working days of the e-mail being sent or the information being made available on the main page of the Service.
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13. Communications
13.1 Without prejudice to other forms of communication provided for in these General Terms and Conditions, notifications to the User relating to the Service, including any changes to these General Terms and Conditions, may be sent to the User's e-mail address, by SMS or by telephone.
13.2 The User agrees to receive any communication and/or notification related to the Online Shop, to the address, contact telephone number and/or e-mail address (‘e-mail’) indicated in the order process.
At any time, the User may request not to receive these communications and/or notifications via the Contact Form or via the ‘Do not receive the Newsletter’ option included in each Newsletter.
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14. Technical Settings
14.1 Without prejudice to the provisions of the following paragraph, My Luvide may change the Service and/or the technical conditions under which it is provided, as well as the respective rules of use, and must publicise such changes to the User at least 15 (fifteen) days in advance.
14.2 The current version of these General Conditions and their annexes is available on the myluvide.com website.
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15. Communications
15.1 Whenever My Luvide deems it necessary or convenient to optimise the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
15.2 Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, My Luvide may change the technical configurations of the Service whenever this proves convenient in order to adapt it to possible technological developments.
15.3 However, My Luvide does not guarantee the User that any upgrades or improvements will be made to the Service.
15.4 Some upgrades or new functionalities of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of Use.
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16. Complaints
16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to My Luvide about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The complaint must be submitted within a maximum of 30 (thirty) days from the time the User becomes aware of the facts, and will be registered in My Luvide's information systems, which must decide on the complaint and notify the interested party within a maximum of 30 (thirty) days from the date of receipt.
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17. Applicable Law
The Contract is governed by Portuguese law.