PREAMBLE
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These general terms and conditions of sale are agreed between Francisco de Herédia, Tax Number 253 657 660, Address Avenida 25 de Abril, 28, 2565-183 Dois Portos, Portugal, and Email Address geral@thechameleon.pt, owner of the website thechameleon.pt hereinafter referred to as Online Store, and the individuals who wish to make purchases through the Online Store, hereinafter referred to as the “User”.
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The parties agree that purchases made through the Online Store will be governed exclusively by this contract, excluding any conditions previously available on the Online Store.
ARTICLE 1. OBJECT
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These general terms and conditions of sale aim to provide and define all the necessary information to the User regarding the order, sale, payment, and delivery procedures of purchases made on the Online Store.
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These conditions regulate all the necessary steps to place an order and ensure the follow-up of this order between the Contracting Parties.
ARTICLE 2. ORDER AND INVOICING
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The User places their order by completing the purchase process available on the Online Store, adding the product(s) or service(s) they wish to order to the shopping cart.
To submit the order, the User must:
a) Register on the Online Store by providing the requested information;
b) Log in (providing a combination of email and password chosen by the User during registration);
c) Complete the information and select the options available throughout the order finalization process (delivery and billing address, shipping method, payment method, as well as the tax ID and name to be included on the invoice for tax purposes).
The User’s final confirmation of the order implies full and complete acceptance of the prices and description of the products available for sale, as well as these General Terms and Conditions of Sale, which are the only ones applicable to the concluded contract.
The Online Store will honor orders received online only within the limits of available stock. If a product is unavailable, the Online Store commits to informing the User as soon as possible.
The data included on the invoice are entirely the User’s responsibility. The invoice is issued immediately after payment and cannot be reissued with changes once issued.
Order requests are valid for two (2) days unless the order is registered under a promotional campaign that defines a different term, and prices, discounts, promotions, and offers cannot be guaranteed beyond this period. If payment is not received within the mentioned term, the order cannot be validated. Any amount received after this date will be refunded or used in a new order.
ARTICLE 3. PAYMENT
a) b) PayPal, MBWay and Multibanco
In case of payment by PayPal, MBWay and Multibanco payments are processed by Ifthenpay https://ifthenpay.com/
ARTICLE 4. PRICES
Prices are in Euros, including taxes and VAT at the rate in force at the time of payment.
If a product’s price increases, the User will be immediately informed and may choose to proceed with the order (paying the difference) or cancel it.
Whenever an item is discounted, the sale mode (clearance, promotion, or sale), product type, discount percentage, start date, duration, and communication to the competent authorities, if required, will be stated.
ARTICLE 5. DELIVERY AND SHIPPING INFORMATION
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Delivery is made by CTT or another similar carrier.
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Shipping costs are added to the order according to the applicable rate and calculated during the purchase process before finalization by the User.
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The Online Store ships to the European Union.
ARTICLE 6. COMPLAINTS
In case of dispute, the consumer may resort to Dispute Resolution through the Arbitration Center (see the Online Store section “Dispute Resolution”) and/or fill out the Complaints Book (see the Online Store section “Complaints Book”).
ARTICLE 7. RIGHT OF FREE TERMINATION
The User has the right to freely terminate this contract within 14 calendar days, without the need to state any reason, according to Portuguese law.
The withdrawal period expires 14 days from the day after the User or a third party designated by the User, other than the carrier, acquires physical possession of the goods.
To exercise the right of free termination, the User must notify the Online Store of their decision to withdraw from the contract/purchase via registered mail with acknowledgment of receipt or via email to the address stated in the Preamble.
To meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of the right of withdrawal is sent before the end of the withdrawal period.
In case of termination of this contract, the payment made will be refunded, excluding the return shipping costs, which shall be borne by the consumer.
The refund will be made without undue delay, no later than 14 days from the date we are informed of the decision to terminate the contract, assuming the product is returned in perfect condition and packaging.
The refund will be made, whenever possible, using the same payment method used in the initial transaction, with no additional cost resulting from such refund.
ARTICLE 8. EXCEPTIONS TO THE RIGHT OF FREE TERMINATION
According to Article 17 of Decree-Law No. 24/2014 of February 14, unless otherwise agreed by the parties, the following are excluded from the right of withdrawal:
a) Service provision when:
i) The service has been fully provided after the consumer’s express prior consent, in accordance with Article 15; and
ii) The consumer acknowledges that they lose the right of withdrawal if the contract is fully executed by the professional in such a case;
b) Supply of goods or services whose price depends on financial market fluctuations beyond the supplier’s control, occurring during the withdrawal period;
c) Supply of goods made to the consumer’s specifications or clearly personalized;
d) Supply of goods that, by nature, cannot be returned or are likely to deteriorate or expire quickly;
e) Supply of sealed goods not suitable for return for health protection or hygiene reasons if unsealed after delivery;
f) Supply of goods that, after delivery and by nature, become inseparably mixed with other items;
g) Supply of alcoholic beverages whose price was agreed upon at the time of contract conclusion, which can only be delivered after 30 days and whose real value depends on market fluctuations beyond the professional’s control;
h) Supply of sealed audio or video recordings or sealed computer software if unsealed after delivery;
i) Supply of newspapers, periodicals, or magazines, except for subscription contracts for such publications;
j) Contracts concluded at public auctions;
k) Supply of accommodation (not for residential purposes), goods transport, car rental, catering, or leisure services if the contract provides a specific date or period of performance;
l) Supply of digital content not supplied on a tangible medium if:
i) Performance began with the consumer’s prior and express consent; and
ii) The consumer acknowledged that their consent implies loss of the right of withdrawal;
m) Provision of repair or maintenance services to be carried out at the consumer’s residence, at their request.
In the case of contracts under item m), the right of withdrawal applies only to services provided beyond those specifically requested by the consumer or supply of goods other than the necessary replacement parts.
ARTICLE 9. EXCHANGE AND RETURN POLICY
All products purchased from the Online Store may be returned and refunded if the customer expresses their intention within a maximum period of 14 days from receipt, provided the items have not been used, are in the same condition as delivered, in the original packaging, and with the original labels. The return should be made, whenever possible, in the same box in which it was delivered.
If the customer wishes to exchange an item, they must return the item via registered mail and then place a new order.
The costs associated with the exchange or return will be borne by the customer unless the Online Store made an error.
No exchanges or returns are accepted for items on sale or promotion. No exchanges or returns are accepted for seasonal items (e.g., Christmas, Halloween, etc.).
The customer must check upon delivery that the order is in good condition and was not damaged during transport. Any anomaly must be reported immediately to the delivery person and by email, listing all detected issues. If not reported, we will not proceed with exchange or refund.
If the return is due to the Online Store’s fault (e.g., damaged item, wrong item sent), return shipping will be covered by the Online Store. In such cases, the customer has up to 30 days to return the item. If the reason is different (e.g., the customer no longer wants the item), return shipping costs are the customer’s responsibility.
To return an item, the customer must inform the Online Store via the email address listed in the Preamble, stating the reason.
Within 14 days, the Online Store will analyze the returned item and inform the customer whether a refund or replacement will be made. If the reasons for return are confirmed, the customer will be refunded the full amount, including delivery and return costs.
ARTICLE 10. WARRANTY
We comply with the three-year legal warranty period for conformity of the marketed goods, counted from the date of delivery of the goods to the consumer, i.e., from the moment the consumer acquires physical possession of the goods, unless incompatible with the nature of the goods or the type of nonconformity.
ARTICLE 11. PRIVACY POLICY
Your data will be processed in compliance with data protection legislation and the Privacy Policy defined and published in the Online Store.
Providing data is optional, and the law guarantees the right of access, correction, and deletion of any personal data, either in person or in writing to the address stated in the Preamble. All requests must be made using the contacts indicated in point 1 of this Privacy Policy.
Additionally, the data subject may file any complaints with the competent supervisory authority.