The present Terms and Conditions of the website www.vargem.pt regulate the relations between the Users/Registered Users/Customers of this website and its owner, Gesto de Vida – LDA, with the use of the “Vargem” brand with registration no. 636841, headquartered at Rua Bartolomeu Álvares da Santa, nº 67 and 69, 7320-117 Castelo de Vide, Portugal, registered at the Commercial Registry Office of Portalegre under tax number 515089940, hereinafter abbreviated as “Vargem”.

Vargem provides website Users with an online shopping platform for products from various brands (products or articles).

Access and use, in any way, of the website www.vargem.pt, as well as the purchase of available products, implies full acceptance of the provisions of these Terms and Conditions and the Privacy Policy adopted, without any reservations.

Vargem reserves the right to periodically review or change these Terms and Conditions, so users are advised to periodically consult this page.

This site and its content are the exclusive property of Vargem.

1. Registration

Users wishing to purchase products through the website www.vargem.pt will have to meet the necessary conditions and register, expressly declaring that they are aware of and accept this T&C and the processing of personal data, by clicking on “I agree that my data are kept in accordance with the Privacy Policy”.

Any natural person, over 18 years of age or emancipated and in full use of their capacities, as well as legal persons, can register at www.vargem.pt through a duly authorized legal representative. Registration on the website www.vargem.pt does not, however, constitute a user's right.

Users are responsible for the veracity of the information transmitted to Vargem, as well as for updating them whenever they undergo any changes.

Vargem reserves the right to close any user accounts for which it finds false, outdated or non-compliance with these T&Cs.

Users are also solely responsible for the security of the password they set to access their user accounts.

All personal information provided voluntarily at the time of registration or collected through automated procedures is subject to security measures to prevent unauthorized access, use and disclosure, in accordance with the provisions set out in the Privacy Policy.

2. Payment Methods

Payment can be made by ATM payment through the payment option for purchases on the Multibanco network. In this case, the data necessary to proceed with the payment will be generated at the time of purchase and the information is sent to the customer via email and SMS. This payment method is only valid for Mainland Portugal and Islands.

You can also pay with MB WAY quickly and conveniently using your smartphone, just by having an MB WAY account .

The customer may also choose to pay by credit card.

Vargem accepts credit cards through the Stripe and Paypal systems .

The credit card data provided by the Registered User is registered directly in the card administrators' database, which does not allow access to this information by third parties. Vargem does not have access to credit card data and is not responsible for any difficulties in making the payment.

If the Registered User chooses to use the Paypal tool , it will be necessary to provide the login and password of the respective Paypal account at the time of purchase confirmation. In this case, Vargem does not have access to any information about the data of the credit card used and is not responsible for any difficulties in making the payment.

3. Shipping

Shipping costs are calculated automatically.

Once the order has been confirmed and the payment for the products has been made by the Registered User, Vargem sends a message confirming receipt of the order and the respective payment.

In the event that, after payment for the products, Vargem verifies any situation of unavailability, the customer will be contacted to inform of their unavailability.

4. Product Deliveries

Except in extraordinary circumstances, the product(s) purchased will be delivered within the maximum period defined for each country or region from the date on which the order is shipped.

Portugal (except Islands): up to 2 working days.

Spain (except Islands): up to 2 working days.

Azores and Madeira: 5 to 8 working days.

Balearic and Canary Islands: 5 to 12 working days.

Europe: up to 7 working days.

Rest of the World: up to 12 business days.

Any delays in the delivery of orders may be due to:

1. Product customization.

2. Specialized articles.

3. Force majeure reasons.

4. Carrier strike.

5. Customs processes.

6. Special sales or promotions.

7. Festive seasons.

If, for some reason, it is not possible to meet the maximum delivery period indicated, Vargem will inform the Customer of this fact, establishing a new delivery date.

In any case, it should be borne in mind that deliveries are made on working days, so deliveries are not made on Saturdays, Sundays and holidays. Whenever the maximum delivery period ends on one of these days, it will be automatically extended until the next working day.

For the purposes of these T&C, the delivery of any products is declared to have taken place at the time of signature of proof of receipt of the products at the agreed delivery address.

The order delivery period starts from the communication of the payment approval, by the financial institution, to Vargem and after validation of the personal data of the Registered User/Customer.

5. Impossibility of Delivery

The procedure varies depending on the country of destination. In Portugal, if the courier has attempted to deliver to the customer and has left a card, the customer must use the Re-delivery Service. If the driver has not yet attempted delivery or the customer does not have the re-delivery card, he must contact Vargem on 245 098 306. The inquiry must include the waybill number, delivery address and return date. -delivery.

Note: Orders can only be resent between Monday and Friday.

6. Risk Transmission

The risks to which the products may be subjected will be the responsibility of the Customer from the moment of delivery of the products, that is, from the moment in which the Customer becomes the owner of these same products.

7. Returns

Vargem only sells items in perfect condition and always confirms the condition of the items before they are sent to the customer.

We offer our customers quality products, always looking for partnerships with the best suppliers in the various categories we sell. However, product returns are predictable situations.

If the Customer intends to return the product within 30 days from the date of receipt, he may do so. The product must be returned in the same packaging in which it was delivered.

To proceed with the return, access the return request at home through the return form available in the “MY ACCOUNT” section.

After Vargem accepts the return and receives and examines the article, the Customer will be informed about the right or not to return the amounts paid. The return will be made as soon as possible within 30 working days from the date of return of the product. The refund of amounts paid will be made using the same means of payment used by the Customer for the purchase.

Products that are not in the same conditions in which they were delivered to the Customer, that have been used beyond the simple opening of the respective packaging or that are returned after the period established in these T&C (30 days) will not be returned.

If the return does not comply with these T&C, the product will be returned to the Customer, accompanied by a copy of the evaluation carried out and, in this case, no reimbursement will be due to the Customer.

Food and hygiene products are not eligible for return.

If you want to make an exchange, you will first have to return the product(s) and then place a new order.

8. Defective products

If, upon receiving the product, you consider that it does not comply with the Terms and Conditions of Sale, you must contact Vargem, within a maximum period of 30 days, through Vargem's customer area, informing us of the defect.

After Vargem receives the order, we will schedule the collection date at an address indicated by the customer.

After a careful evaluation of the returned product, you will be informed by email, as soon as possible, about the return of the value of the article or its replacement. In the event of a return or replacement of the product, this will be carried out within 15 working days from the date of sending the email confirming the return or replacement of the product.

If the return does not comply with these T&C, the product will be returned to the Customer, accompanied by a copy of the evaluation carried out and, in this case, no reimbursement will be due to the Customer.

Amounts paid for defective products returned will be refunded in full, including all shipping costs. The return will be made using the same payment method used for the purchase.

All rights recognized by the law in force will be safeguarded.

9. Warranty / After-sales Service

Vargem is completely unrelated to the provision of guarantees and after-sales services, except as described in point 8 of these T&C.

10. Data Protection

Vargem respects all applicable legislation on the protection of personal data. Users/Registered Users/Customers should regularly consult the Privacy Policy and make sure that they agree with it.

In case of abusive use of the website www.vargem.pt or suspicion of the practice of an act not allowed, under the terms of the applicable law or these T&C, by any User/Registered User/Customer, Vargem may communicate the User's/User's data. Registrant/Customer concerned to the competent authorities.

11. Exclusion of Registered Users

In the event of abusive use of the website www.vargem.pt, of proven fraud, of participation through illegally obtaining a benefit or advantage, of violation or non-compliance with any provision provided for in these T&C or in the applicable legislation by any User/Registered User/Customer, Vargem reserves the right, at any time, to suspend or cancel the User/Registered User/Customer's access to the site.

In the event of these facts, the suspension or cancellation of access will be carried out without any compensation being due to the User/Registered User/Customer.

12. Responsibility

Vargem is not responsible for access or navigation failures resulting from circumstances beyond its control and control, including, without limitation, failures in the Internet in general, power outages, electronic and/or physical malfunctions of any telecommunications network, interruptions or connection suspensions and software and/or hardware failures of the User/Registered User/Customer, as well as scheduled downtime for maintenance, updating and configuration adjustments of the website www.vargem.pt.

It is the responsibility of the User/Registered User/Customer:

(i) keep the environment of your computers and other access devices to the site safe, using specific tools for this, such as antivirus, firewall, among others, in order to contribute to the prevention of electronic risks;

(ii) use up-to-date and efficient operating systems and browsers for full use of the site;

(iii) equip and be responsible for the computers and hardware devices necessary for accessing the site, as well as for accessing these computers and devices to the Internet;

(iv) the use, custody, maintenance and secrecy of all passwords given to you to make purchases on the site.

13. Vargem's Rights

The elements of the www.vargem.pt site were specifically designed to promote product sales through it. In this sense, all elements of the www.vargem.pt site, whether visual or sound (including software), are protected by copyright, and their reproduction, publication, transmission, modification or distribution, by any means, is strictly prohibited. quite.

14. Comprehensive Agreement

These T&C are the only ones applicable to the use and purchase of products through the website www.vargem.pt, replacing any other conditions.

Consequently, Users/Registered Users/Customers who access the website www.vargem.pt and/or purchase products through it, agree to be bound by these T&C.

15. Venue

These T&C shall be governed and interpreted in accordance with the applicable Portuguese legislation. In the event of a dispute, the Courts of the District of Lisbon will be competent.

16. Protection of intellectual and industrial property rights

The User acknowledges and accepts that corporate names, brands and distinctive signs reproduced on the website www.vargem.pt are protected under the legal provisions applicable to industrial property. The reproduction or representation of all or part of any distinctive signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.

In the same sense, all elements on the site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents and are the exclusive property of Vargem, or its suppliers, so it is prohibited Users to use the website or the information and/or materials contained therein, including reproduction, modification, distribution or republication.

Vargem only uses protected rights of third parties (trademarks, names, texts, logos or names of companies and services) after the respective authorization of the holder.

 

The sale and consumption of alcoholic beverages to minors (18 years) is prohibited. 1, Art. 3, of Decree Law 106/2015, of 16 June.

 

ALTERNATIVE CONSUMER DISPUTES RESOLUTION

In accordance with Law n.144/2015, of 8 September 2015, in the event of a consumer dispute, the consumer may use the European Online Dispute Resolution Platform, available at http://ec.europa.eu /consumers/odr or to one of the following Alternative Consumer Dispute Resolution Entities:

1. CNIACC – National Center for Information and Arbitration of Consumer Conflicts

Address: Faculty of Law of Universidade Nova de Lisboa, Campus de Campolide, 1099-032 Lisbon

Phone: 213 847 484

Email: cniacc@unl.pt

Web: http://www.arbitragemdeconsumo.org

2. CIMAAL – Information, Mediation and Arbitration Center for Consumer Disputes in the Algarve

Address: Ninho de Empresas Building, Estrada da Penha, 8005-131 Faro

Phone: 289 823 135

E-mail: cimaal@mail.telepac.pt

Website: http://www.consumidoronline.pt/

3. Consumer Dispute Arbitration Center of the District of Coimbra

Address: Av. Fernão Magalhães, n.º 240, 1º – 3000-172 COIMBRA

Phone: 239 821 690/289

E-mail: geral@centrodearbitragemdecoimbra.com

Web: http://www.centrodearbitragemdecoimbra.com

4. Lisbon Consumer Dispute Arbitration Center

Address: Rua dos Douradores, 116, 2º – 1100-207 LISBOA

Phone: 218 807 000 / 218807030

E-mail: juridico@centroarbitragemlisboa.pt ; director@centroarbitragemlisboa.pt

Website: www.centroarbitragemlisboa.pt

5. Porto Consumer Information and Arbitration Center

Address: Rua Damião de Góis, 31 – Loja 6 – 4050-225 Porto

Phone: 225 508 349 / 225 029 791

Email: cicap@mail.telepac.pt

Website: www.cicap.pt

6. Vale do Ave Consumer Dispute Arbitration Center/Tribunal Arbitral

Address: Rua Capitão Alfredo Guimarães, n.º 1, 4800-019, Guimarães.

Phone: 253 422 410

Email: triave@gmail.com

Website: www.triave.pt

7. Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)

Braga

Address: Rua D. Afonso Henriques, n.º 1 (Building Junta de Freguesia da Sé), 4700-030, Braga.

Phone: 253 617 604

Email: geral@ciab.pt

Website: www.ciab.pt

Viana do Castelo

Address: Av. Rocha Paris, n.º 103 (Edifício Vila Rosa), 4900-394, Viana do Castelo.

Phone: 258 809 335

E-mail: ciab.viana@cm-viana-castelo.pt

Website: www.ciab.pt

8. Consumer Dispute Arbitration Center of the Autonomous Region of Madeira

Address: Rua Direita, 27 – 1st Floor, 9050-405 Funchal

Phone: 291 750 330

E-mail: centroarbitragem.sras@gov-madeira.pt

Web: www.srrh.gov-madeira.pt/Início/tabid/292/Default.aspx

For more information, consult the Consumer Portal at www.consumidor.pt .

RLL

The European Commission created the ODR platform for the alternative resolution of disputes between consumers and traders, concerning contracts of sale or services online. “Online sales or services contract”: sales or services contract in which the trader, or his intermediary, offers, on a website or through other electronic means, goods or services that the consumer orders on the same website or through other electronic means (Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013).

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