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    1. Scope and Purpose of the General Store Conditions

    These General Conditions are intended, along with the other mentioned elements, to regulate the terms and conditions governing the provision of the online store service "Atelier Poveiro" by Better Skin, located at Rua da Junqueira, nº86 | 4490-519, Póvoa de Varzim, Portugal.

    The Service consists of making available, through the access address to the online store, which, in addition to providing information regarding a range of products and/or services, allows the User to electronically order the products displayed therein, under the terms and conditions described here.

    Orders for products must be placed by Users who are 18 (eighteen) years of age or older (individuals under this age must have authorization from their representatives). The elements and information transmitted by the User shall have full legal effect, acknowledging electronic purchases; the User cannot claim the absence of a signature as a reason for non-compliance with the obligations assumed.

    1. Product Information and Content

    Atelier Poveiro” by Better Skin will make every effort to ensure that the information presented is free from typographical/orthographic/graphic errors, and any such errors will be promptly corrected when they occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free resolution – see point 9).

    Atelier Poveiro” by Better Skin will make every effort to ship all the ordered products; however, it is possible that, in certain cases and due to causes that are difficult to control, such as human errors or incidents in the computer systems, it may not be possible to provide some of the products requested by the User. If a product is unavailable after the order has been placed, the User will be notified by email or by phone. At that time, the option to cancel the order with the corresponding refund will be presented, if payment has already been made

    All information regarding prices, products, specifications, promotional actions, and services may be changed at any time by the company itself.

    1. Responsibilities

    All products and services sold in the online store 'Atelier Poveiro' by Better Skin comply with Portuguese Law

    3.2 The store 'Atelier Poveiro' by Better Skin has appropriate security levels; however, it will not be responsible for any damages suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its control, including any deficiencies or failures caused by the communication network or services provided by third parties, the computer system, modems, connection software, or any viruses resulting from downloading files infected or containing viruses or other properties that may affect the User's equipment. If, for any reason, there is an access error to the 'Atelier Poveiro' by Better Skin website leading to an inability to provide service, it will not be liable for any damages.

    3.3 Data and information inquiries made within the scope of this Service are presumed to be made by the User, and 'Atelier Poveiro' by Better Skin declines any responsibility arising from the abusive or fraudulent use of the information obtained.

    3.4 'Atelier Poveiro' by Better Skin shall not be liable for any losses or damages caused by abusive use of the Service that are not directly attributable to it as a result of intent or gross negligence.

    3.5 'Atelier Poveiro' by Better Skin is not liable for losses or damages resulting from the non-compliance or defective compliance of the Service when such is not directly or indirectly attributable to it as a result of intent or gross negligence. It shall not be held responsible, namely, for (i) errors, omissions, or other inaccuracies related to the information provided 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 compliance resulting from the enforcement of judicial decisions or administrative authorities; or (iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of extraordinary or unpredictable nature, external to 'Atelier Poveiro by Better Skin' and that cannot be controlled by it, such as fires, power outages, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods, or other natural disasters or other uncontrollable situations that prevent or hinder the fulfillment of assumed obligations.

    3.6 'Atelier Poveiro' by Better Skin does not guarantee that:

    1. i) the Service will be provided continuously, securely, without errors, or function indefinitely;
    2. ii) the quality of any product, service, information, or any other material purchased or obtained through the service meets any expectations the User may have regarding it;
    3. 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 system and computer equipment or for any loss of data resulting from that operation.
    4. iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty not expressly stated in these General Conditions.

    3.7. The User agrees that Atelier Poveiro by Better Skin cannot, under any circumstances, be held liable for any damage, including but not limited to losses of profits, data, content, or any other losses (even if the User was previously advised of the possibility of such damages) resulting from:

    1. i) from the use or inability to use the Service;
    2. ii) from the difficulty of obtaining any substitute goods/services;
    3. iii) from unauthorized access to or alteration of personal databases.

    4. Obligations of the Consumer

    4.1. The user agrees to:

    1. i) Provide accurate personal data and addresses;
    2. ii) Not use false identities;
    3. iii) Respect the order limits imposed.

    4.2. If any of the information is incorrect or insufficient, and as a result, there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and “Atelier Poveiro” by Better Skin disclaims any responsibility. In the event that the consumer violates any of these obligations, the Entity reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services simultaneously provided by the Entity to the same User; and also not allow the User future access to any or all services offered by “Atelier Poveiro” by Better Skin.

    4.3. The use of purchased products and services for commercial purposes is expressly prohibited, particularly for the resale of goods.

     
    1. Order Cancellation

    6.1 At the request of the User

    The User can cancel their order by contacting “Atelier Poveiro” by Better Skin via phone or email, stating the order number. The cancellation will be accepted as long as the order has not yet been processed. After processing, the Company will attempt to deliver the order, but the User has the option to refuse it.

    To cancel the order, the User must provide the following information to “Atelier Poveiro” by Better Skin:

    1. Order number
    2. b) Main information used to place the order.

    6.2 By Decision of "Atelier Poveiro" by Better Skin:

    Atelier Poveiro” by Better Skin reserves the right not to process orders when it identifies any inconsistencies in the personal data provided or observes misconduct by the buyer. The Entity reserves the right not to process any order or refund in the event of errors in the prices and/or characteristics of the products, when such errors result from technical problems or issues beyond the Company’s control.

     
    1. Returns (Right of Resolution)

    7.1. The User, if a consumer, may exercise the right of resolution without being required to pay any compensation, within 14 (fourteen) days from the day the consumer takes physical possession of the goods.

    To exercise this right, the User must provide all identification details, the service subscribed that they wish to resolve, and the subscription date. The communication must be made by letter, through the return of the purchased goods, or by another appropriate and verifiable means within the defined period above.

    The consumer must return the goods to “Atelier Poveiro” by Better Skin in proper condition within 14 (fourteen) days from the date of communication of the resolution.

    The packaging must be returned complete, as it was delivered, and accompanied by all received documentation, 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:

     

    Atelier Poveiro, by Better Skin
    Rua da Junqueira, nº86 | 4490-519, Póvoa de Varzim, Portugal

     

    If the User chooses other means of return, the respective shipping costs will be their responsibility.

    7.2. Upon receipt of the return, the User will be refunded the amount corresponding to the amount paid for the order (sales invoice amount).

    7.3. The method of refund depends on the payment method used for the respective order. In the case of credit card and PayPal payments, these will be credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is issued by check to the billing address. The refund is made within 14 days after receiving the notice of free resolution and the return of the goods.

    7.4. In the absence of any component of the sold item or if any of them is not in excellent condition, there will be no refund of the price or shipping costs, and the product will be returned to the original shipping address.

     
    1. Manufacturing Defect

    8.1. In case of a “manufacturing defect,” i.e., when defects are detected in the equipment that do not fall under the respective warranty, the User must return the equipment, along with a copy of the invoice and a Request for Exchange/Return of the Item, within a maximum period of 30 consecutive days from the date of the invoice, to the following address:

     

    Atelier Poveiro by Better Skin
    Rua da Junqueira, nº86 | 4490-519, Póvoa de Varzim, Portugal

     

    If the User chooses other means of return, the respective shipping costs will be their responsibility.

    8.2. To facilitate the exchange of the product, the User must ensure that the packaging is complete, containing all its components, in excellent condition.

    8.3. In the absence of any components or if any of the components are not in excellent condition, no exchange will be made, and the product will be returned to the User.

     

    Warranty

    9.1. All items available from the Entity are duly certified by the competent international authorities.

    9.2. The articles and accessories have a warranty period defined by the manufacturer, which is legally at least 2 (two) years. This period is considered from the date of the invoice of the equipment and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) properly filled out.

    9.3. Items that have exceeded the period defined by the manufacturer or show defects caused by wear, improper use, weather, negligence, or accidents, improper handling, use of non-original accessories, and unauthorized interventions are considered outside warranty conditions.

    9.4. If the item breaks and is covered by the warranty, the User can bring it, along with the respective proof of purchase and/or warranty, to the Entity's location for proper assistance.

    If the User chooses other means of return, the respective shipping costs will be their responsibility. The User should always request the CTT receipt that proves the shipment of the order.

     
    1. Intellectual Property

    10.1. “Atelier Poveiro” by Better Skin is a registered website, and the service provided by the website is the responsibility of the same.

    10.2. The User acknowledges 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 in advertisements, highlights, promotions, or mentions from any sponsor or advertiser is protected by copyright laws and related rights, industrial property laws, and other property protection laws, so any use of such content can only occur under the express authorization of the respective rights holders.

    10.4. The User agrees to fully respect the rights referred to in the previous number, particularly refraining from any acts that may violate the law or those rights, such as reproduction, commercialization, transmission, or making such content available to the public or any other unauthorized acts involving the same content.

     

    Service Security Conditions

    11.1. The User agrees to observe all applicable legal provisions, namely, not to commit or promote the practice of illegal or offensive acts, such as the indiscriminate sending of unsolicited communications (spamming) in violation of applicable legislation on the processing of personal data and advertising communications through automatic calling devices, and to observe the service usage rules, under penalty of “Atelier Poveiro” by Better Skin suspending or deactivating the service as provided in point 14.spamming) em violação do disposto na legislação aplicável ao tratamento de dados pessoais e às comunicações publicitárias através de aparelhos de chamada automática, devendo ainda observar as regras de utilização do Serviço, sob pena de o”Atelier Poveiro” by Better Skin suspender ou desativar o Serviço nos termos previstos no ponto 14.

    11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by multiple users and, as such, is subject to computer overloads; therefore, “Atelier Poveiro” by Better Skin does not guarantee the provision of the service without interruptions, information loss, or delays.

    11.3. “Atelier Poveiro” by Better Skin also does not guarantee the provision of the service in situations of unforeseen overloads of the systems on which it operates or due to force majeure (extraordinary or unforeseeable situations external to the Entity and that it cannot control).

    11.4. In the event of service interruption due to unforeseen system overloads, “Atelier Poveiro” by Better Skin commits to regularizing its operation as quickly as possible.

     
    1. Suspension and Deactivation of the Store Service

    12.1. Regardless of any prior or subsequent communication, “Atelier Poveiro” by Better Skin may, at any time and at its sole discretion, discontinue the availability of the service and/or part of the service to one or all users.

    12.2. “Atelier Poveiro” by Better Skin also reserves the right to suspend or immediately terminate access to the service in the following cases:

    1. a) When the User does not observe the usage conditions referred to in point 4 and others mentioned in the General Conditions;
    2. b) When the Company ceases access to the Store, after prior communication with a notice period of 15 days before the cessation date.

    12.3. The suspension or cessation of the service by “Atelier Poveiro” by Better Skin, under the terms of the previous numbers, does not entitle the User or third parties to any compensation or other remuneration, nor can the Entity be held liable or in any way burdened for any consequence resulting from the suspension, annulment, or cancellation of the service.

    12.4. In the situations described above, “Atelier Poveiro” by Better Skin will notify the User in advance so that they can, if desired, safeguard the content of their order viewing area within 3 (three) business days from the sending of the email or the availability of information on the main page of the service.

    13.Comunicações

    13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User regarding the service, including any changes to these General Conditions, may be made to the User's email address, by SMS, or by phone contact.

    13.2. The User agrees to receive any and all communication and/or notification related to the online store at the address, contact phone number, and/or email address provided during the order process.

    At any time, the User may request to stop receiving these communications and/or notifications through the Contact Form.

     
    1. Technical Settings

    14.1. Without prejudice to the provisions of the following number, “Atelier Poveiro” by Better Skin may alter the service and/or the technical conditions for its provision, as well as the respective usage rules, and must notify the User of such changes with a minimum notice of 15 (fifteen) days.

    14.2. The version of these General Conditions and their appendices in force at each moment is available on the website of “Atelier Poveiro” by Better Skin.

     
     

    Communications

    15.1. Whenever “Atelier Poveiro” by Better Skin deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate network settings.

    15.2. Without prejudice to the provisions of the following numbers, and given the innovative nature of the service and the technological developments to which it may be subject, the Entity may alter the technical settings of the same whenever it is convenient to adapt it to any technological developments.

    15.3. O “Atelier Poveiro” by Better Skin não garante, no entanto, ao Utilizador a realização de quaisquer upgrades ou melhorias no Serviço.

    15.3. However, “Atelier Poveiro” by Better Skin does not guarantee to

     
    1. Applicable Law

    The Contract is governed by Portuguese law.