The present General Conditions of Purchase and Sale (“Conditions”) form an integral part of the Terms and Conditions of Use (“Terms and Conditions”) of the website www.miss-can.com (“Website” or “Online Store”) and establish the Purchase Conditions for products sold by Miss Can Goes Global Lda.
The use of the website by any user will be regulated by the Terms and Conditions duly made available and any questions relating to data protection and privacy regarding the processing of personal data for the purposes of these Conditions can be consulted in the respective sections of the Privacy Policy provided on the website.
Miss Can Goes Global, Lda reserves the right to change and update these General Conditions without prior notice, with the limitations provided for in these Conditions.
1. INTRODUCTION (USE OF THE ONLINE STORE)
The access and use of the Online Store are made available by Miss Can Goes GLobal, Lda to promote its Products.
By using the Online Store, the Customer understands and recognizes the risks inherent in the global internet system and the possibility that the information sent / received may be illicitly intercepted by unauthorized third parties, which cannot be attributed to Miss Can Goes Global, Lda.
The use of the Online Store gives it the status of “Client” of Miss Can Goes Global, Lda and implies acceptance of the provisions enshrined in these Conditions whenever it prepares, places and successfully completes an order, hereinafter referred to as “Order”.
The contractual proposal that results from the use of the Online Store is addressed only to the person who is 18 years of age or younger and is emancipated, and is duly legitimated for that purpose, with full contractual capacity and who, therefore, can be responsible for the commitments resulting from the purchase and sale of the Products.
In order to place an Order and proceed with the purchase of Products, the Customer must follow and comply with the Purchase Procedure and accept these Conditions. In doing so, the Customer is entering into a purchase and sale agreement with Miss Can Goes Global, Lda (“Agreement”), the terms of which are governed by these Conditions.
In order to follow up on any Order and fulfill the obligations arising from these Conditions, the Client undertakes to provide the necessary personal data in a true and accurate manner.
If the information is not provided or if the Customer places a false or fraudulent Order, Miss Can Goes Global, Lda reserves the right not to proceed with the Order or to cancel it under the terms defined in these Conditions and inform the authorities competent authorities of the occurrence.
The Client is expressly responsible for any false or inaccurate statements it makes and for the losses it causes to Miss Can Goes Global, Lda or third parties, according to the information provided.
The Client also undertakes to communicate, in writing, any changes to the personal data provided for the conclusion of the Contract.
2. PURCHASE PROCEDURE
To initiate the Order and purchase procedure for Products in the Online Store, the Customer must create a User account through a social network or by filling in the electronic form provided on the Website, in which he must indicate the following personal data: Name, e-mail , address, contact and TIN.
After registering and creating a User account on the Website, the Customer can select and purchase the Products presented in the Online Store.
The Client agrees to provide the following personal data for billing purposes: Name, Last Name, E-mail, Telephone Number and Full Address.
The Customer undertakes to select the type of shipment and the payment method under the terms defined in these Conditions.
The Customer also undertakes to carefully check the information provided in its “[ORDER SUMMARY]”, confirming whether it corresponds to the selected Products through the fields and options intended for the collection of information related to the determination of the purchase. If you notice any non-compliance with the information presented, you should, at any time, go back to the previous steps in order to proceed with the respective rectification or contact Miss Can Goes Global, Lda in order to obtain any additional information or details.
After completing the previous steps and after reading and accepting these Conditions, the Customer must activate the button “[FINISH ORDER]” to conclude the Contract with Miss Can Goes Global, Lda.
Miss Can Goes Global, Lda will acknowledge receipt of the Order by message sent to the email provided by the Customer and in which the electronic documents that constitute the acknowledgment of receipt and the Contract will be attached. The message will comprise the data provided by the Customer during the various stages of the Order procedure, which will be responsible for verifying their correction and, if necessary, will immediately communicate the necessary changes, under the terms described Conditions.
If the Customer does not receive the message, this means that his purchase has not been completed and he must contact Miss Can Goes Global, Lda under the terms of these Conditions.
Miss Can Goes Global, Lda undertakes to inform the Customer in the event of not accepting the Order under the terms defined in these Conditions.
The Client must print a copy of these Conditions for future registration, considering that the contracts entered into are not filed by Miss Can Goes Global, Lda.
3. PRODUCTS
3.1 Information
Miss Can Goes Global, Lda takes into consideration the information related to the essential characteristics of the Products through technical descriptions shared by its suppliers or by third parties, of photos and videos that illustrate the products sold, in strict respect for the best market standards, transmitting them them clearly to your Customers in the Online Store.
The Customer understands and accepts that the images of the Products may not be perfect and fully representative of the actual characteristics of the Product, and may differ in color, dimensions and include complementary products. The Client also recognizes that the images are for illustrative purposes only and undertakes to read carefully and fully the description of their characteristics.
The Customer may request additional information about the Products at any time, using the contacts mentioned in these Conditions for this purpose.
3.2 Availability
The Customer will be able to Order the Products found in the online catalog of the Online Store, unless stock is out of stock.
Despite all our verification efforts, the products available on the Online Store have limited stock and may be unavailable without prior notice.
In the event of a stockout occurring after payment of the Order, Miss Can Goes Global, Lda will contact the Customer with a view to scheduling the respective delivery as soon as the Product is available or a refund under the terms of these Conditions.
3.3 Price
The price of each Product (“Price”) will be that which is stipulated, at each moment, in the Online Store.
The Price of Products presented in Online Store is subject to Value Added Tax (VAT) according to the applicable legislation and in force at the time of the Order.
Supplementary charges for distribution add to the Price of Products ordered from the Online Store.
The total price of the Products includes taxes and fees, additional shipping charges, postal or delivery charges or any other charges that may apply.
The Customer will be informed of all values that add to the Price, as well as of the total price, before confirming the Order and concluding the Contract.
Miss Can Goes Global, Lda reserves the right to change Prices and charges at any time, without prejudice to the total price contracted at the time of the Order.
Although Miss Can Goes Global, Lda makes every effort to ensure that the Prices in the Online Store are correct, programming errors, defects in the functioning of the computer system (machine) or deformation of the message (including lapses of writing).
If Miss Can Goes Global, Lda detects an error in the total price of the Ordered Products, the Customer will be informed as soon as possible and will be given the option to confirm the Order again with the correct information or to terminate the Contract under these Conditions.
Miss Can Goes Global, Lda cannot be held responsible in the event of an error that causes a substantial change not foreseen in the Price presented in the Online Store, unless otherwise provided by law.
Even though we have sent the Order confirmation and the Contract, Miss Can Goes Global, Lda is not obliged to provide the Customer with Products at a lower Price if the error is obvious and unambiguous and if it could have been recognized with reasonable ease by the Customer as being an incorrect Price.
4. DELIVERY
4.1 Delivery of Products
Without prejudice to the conditions on the availability of the Products, and unless there are extraordinary circumstances, the Products will be dispatched within the estimated delivery time provided for in the respective acknowledgment of receipt of the Order.
Miss Can Goes Global, Lda will inform the Client of the eventuality of non-fulfillment of the estimated delivery time, with the Client having the option of establishing a new delivery date or canceling the order with full refund of the amount paid, without prejudice to all others rights which they enjoy under applicable law.
Products are considered “delivered” when the Client, or a third party indicated by him, is physically in possession of them, which Miss Can Goes Global, Lda will prove by the respective receipt or proof of receipt.
If for any reason the Customer cannot receive the Order or pick it up at the location indicated by the carrier, the Customer is requested to contact Miss Can Goes Global, Lda so that together they can solve the problem in the most appropriate way.
Miss Can Goes Global, Lda will not reimburse to the Client the costs incurred by the carriers in the additional delivery services, regardless of the reason for the failure of the shipment and delivery.
4.2 Verification of Products
The Customer must check at the time of delivery the status of the Products packaged in the packaging and the correspondence between the description of the Products purchased and delivered in accordance with the Order receipt, and any irregularities or damages must be immediately reported to Miss Can Goes Global, Lda and follow the terms defined in the chapter regarding the exchange and return of Products in these Conditions.
5. TRANSFER OF RISK
The Product is delivered in the manner chosen by the Customer from among the means made available, and such modalities may include delivery of the Product to the Customer’s home.
The risk of loss or deterioration of the ordered Products is transferred to the Customer, when he acquires physical possession of the Product, remaining with the Customer until the Customer returns the Products under the terms set out in these Conditions.
6. ORDER CANCELLATION
Without prejudice to the Right of Free Resolution provided for in these Conditions, the Customer can request the cancellation of the Order in the Online Store, until the moment of preparing the order of the Products, and for this purpose, contact Miss Can Goes Global, Lda through the channels of communication defined in these Conditions.
7. PAYMENT
The Customer may pay the Price, which already includes the fees and taxes associated with the purchase of the Products and the delivery charges, through:
- Visa / Mastercard / American Express: Payment by Visa Card requires the input of a valid credit card. If the information is not valid, an error message will appear, making it impossible to complete the purchase. The total value of the order is debited automatically.
- Bank Transfer: In order to use this payment method you will need to make a bank transfer by entering the order ID as a payment reference
- Sepa – Direct Debit
- ATM – This method will redirect you to the ATM.
8. RIGHT OF FREE TERMINATION OF THE CONTRACT
Miss Can Goes Global, Lda recognizes to all its Clients the right to terminate the Contract they enter into, allowing them to return, within 3 (three) days, counting from the day on which they acquire physical possession of the / s Product / s or the day on which you acquire physical possession of the last Product, in the case of several goods ordered through a single order and delivered separately, to return your order and without the need to indicate the reason.
8.1 Resolution Statement
The Client can complete and send electronically the model of the Free Resolution Right form provided for in Decree-Law no. 24/2014, of 14 February, or any other unambiguous resolution statement (“Resolution Statement”) through communication channels defined in these Conditions.
8.2 Return of Products
The return by the Customer (without home collection) of any small and medium-sized Product must be made within a maximum period of 3 (three) days after the communication of the decision to terminate the Contract under the Right of Free Resolution, and the Customer must return the Order Products immediately under the terms defined in the chapter regarding exchanges and return of Products under these Conditions.
8.3 Refund
After exercising the Right of Free Termination of the Contract, the refund of the amount paid by the Client, including, if applicable, the costs the Client has paid for the delivery of the Product, will be made through the same payment method that was used in the initial transaction , at no cost to the Customer and within 15 (fifteen) days from the knowledge of the decision to terminate the Contract. The refund to the Customer will be paid after the validation of the fulfillment of the conditions described in the chapter referring to the exchanges and return of these Conditions and will not pay any fee resulting from the said refund.
Customers’ rights related to the compensation or reimbursement of expenses, as well as any contractual or non-contractual liability for damages, direct or indirect, to people or goods, caused by the non-acceptance of an Order, in whole or in part, are found expressly excluded and will not be assumed by Miss Can Goes Global, Lda.
9. PRODUCT RETURNS AND EXCHANGES
Considering the Contracts that are not excluded from the Right of Free Resolution, Miss Can Goes Global, Lda undertakes to exchange or accept the return of Products that present defects and / or damage at the time of delivery or are not in conformity with the Order for the same or a different Product, when requested by the Customer to exchange for a Product of equal or greater value with the payment of the respective difference.
Under penalty of assuming that the Products were delivered in good condition, the Customer must immediately deliver the Products received to the respective shipping company and duly justify the reason for delivery on the “Proof of Delivery”, delivery note or equivalent document provided by the carrier.
The Client must also contact Miss Can Goes Global, Lda through the communication channels defined in these Conditions, taking into account the conditions detailed in the following topics:
1. In order to return the Order, the Product must be in perfect condition, and if applicable with its original packaging, accessories or promotional offers included, and accompanied by proof of purchase or invoice;
2. The return of defective Products and wrong shipments is allowed, Miss Can Goes Global, Lda being responsible for shipping and collection costs whenever the Customer communicates this circumstance within 3 (three) days from the date of receiving the Product;
3. Once the Product has been received and after validating its status, Miss Can Goes Global, Lda will proceed with the refund in accordance with the conditions defined in the chapter regarding the right of free termination of the Contract in these Conditions.
Miss Can Goes Global, Lda will not accept the return of the Product after being used, or if it has been altered or modified.
Miss Can Goes Global, Lda is not responsible for deficiencies resulting from incorrect use, negligence, poor storage conditions or causes of force majeure.
Products can be exchanged by post to the contact address provided in these Conditions, and the postal costs of return are borne by Miss Can Goes Global, Lda.
The Customer must indicate in the communication, as well as by sending the Product by post, the Order number or the number of the documents that accompanied the Order, and can attach images of the packaging as received and the respective Products.
The Customer must always keep the original packaging of the Order to claim damages and / or possible irregularities in the delivered Products, under penalty of not accepting the respective claim request.
10. REQUESTS FOR INFORMATION, COMMUNICATIONS AND COMPLAINTS
Any requests for information, communications or complaints should be sent to Miss Can Goes Globa, Lda, using the following methods:
1. Registered letter with acknowledgment of receipt to the address: Miss Can Goes Global, Lda, Largo do Contador-Mor, nº 19, 1100-160 LISBOA, PORTUGAL;
2. Sending e-mail to the email address goesglobal@miss-can.com
11. ALTERNATIVE DISPUTE RESOLUTION
The Customer has the power to resolve any consumer dispute under Contracts entered into online, in an extrajudicial way, through the electronic online dispute resolution platform, through the website: http://ec.europa.eu/consumers/odr/ .
Under the terms of article 17 of Law no. 144/2015, of 8 September, the Client may also consult the updated list of Alternative Dispute Resolution Entities available on the Consumer Portal, through the website www.consumidor. pt.