My Luvide Online Shop Terms and Conditions

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.

All information about prices, products, specifications, promotional activities and services may be changed at any time by My Luvide.

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.

4.3 It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.

5.Privacy and Personal Data Protection

5.1. My Luvide guarantees the confidentiality of all data provided by Users.

5.2 The personal data identified on the order form as having to be provided is essential for My Luvide to provide the Service. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in My Luvide refusing to provide the Service.

5.3 The User's personal data will be processed and stored by computer and is intended to be used by My Luvide within the scope of the contractual and/or commercial relationship with the User and, if authorised by the User, for the marketing of INDICATE CASE BY CASE AND ACCORDING TO THE PURPOSE OF THE COMPANY IN CONCRETE.

5.4 Under the terms of the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to the use of the same for the purposes set out in the previous paragraph, and for this purpose should contact the entity responsible for processing personal data: My Luvide.

5.5 The Internet is an open network, so the User's personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessed and used by unauthorised third parties, and My Luvide cannot be held responsible for such access and/or use.

6.Cancellation of orders

6.1 At the User's request

The User may cancel their order by contacting My Luvide at the telephone number or by e-mail with the order number, which will be accepted as long as the order has not yet been processed. Once the order has been processed, My Luvide will try to deliver it, but the User has the option of not accepting it.

For the purposes of cancellation, the User must provide My Luvide with the following information:

1. a) Order number

2. b) VAT number with which the order was placed and delivery address

6.2 By decision of My Luvide

My Luvide reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. My Luvide reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these are the result of technical problems or errors beyond the control of My Luvide.

7.Return (Right of cancellation)

7.1. The User, if they are a consumer, may exercise the right of withdrawal without any compensation being demanded, within 14 (fourteen) days of the day on which the consumer acquires physical possession of the goods.

To exercise this right, the User may use the form below, indicating all their identification details, the subscribed service they wish to terminate and the subscription date. The communication must be made by letter, by returning the purchased item, or by another suitable means that can be proved within the period defined above.

The consumer must return the goods to My Luvide in the proper conditions of use within 14 (fourteen) days from the date of the cancellation notice.

Termination form (you should only complete and return this form if you wish to terminate the contract)

- To [insert name, geographical address and e-mail address of professional]:

- I/we hereby give notice (*) that I/we withdraw (*) from my/our (*) contract of sale for the following goods/for the provision of the following service (*) - Ordered on (*)/received on (*) -

Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only if this form is served on paper). (*) Delete as appropriate.

The packaging must be returned complete, as it was delivered and accompanied by all the documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address:

My Luvide / Maria José Broas Nunes da Siva

Largo das Flores, 1 Vila Verde

2705-886 Sintra

Portugal

If the User opts for other forms of return, the respective postage costs will be their responsibility.

7.2 Upon receipt of the return at My Luvide, the User will be refunded the amount paid for the order (value of the sales invoice). If you have used a promotional discount code, this amount will not be refunded, i.e. the refund will only be for the amount actually paid.

7.3 The method of refund depends on the payment method used for the order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In all other cases, when NIB information is provided, the refund is made to the bank account indicated.  Refunds are made within 14 days of receipt of the cancellation notice and receipt of the return of the goods.

7.4 If any of the components of the item sold is missing, or if any of them is not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the original dispatch address.

8.Manufacturing defect

8.1 In the event of a ‘manufacturing defect’, the User must return the product, together with a copy of the invoice and the completed ‘Equipment Exchange/Return Request’ form, within a maximum of 10 calendar days from the date of the invoice, to the following address:

My Luvide / Maria José Broas Nunes da Siva

Largo das Flores, 1 Vila Verde

2705-886 Sintra

Portugal

If the User opts for other forms of return, they will be responsible for the respective postage costs.

8.2 In order for the product to be exchanged, you must ensure that the packaging is complete and contains all the components that make it up, in excellent condition.

8.3 If any of the aforementioned elements are missing, or if any of the components are not in excellent condition, no exchange will be made and the product will be sent back to the User.

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.

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.

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.

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:

1. 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;

2. 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.

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.

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.

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.

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.

17.Applicable Law

The Contract is governed by Portuguese law.