Terms and Conditions

 

The following Terms and Conditions apply to all visitors and customers of LunaBuy and to all commercial transactions carried out through our digital platform.

 

This document establishes the conditions associated with the use of this website https://www.lunabuy.pt, which will apply to natural and legal persons and, as well, to any commercial transactions carried out.

 

By accepting these Terms and Conditions you declare that you have read, understood and fully agree with their content, so we advise you to carefully read these general terms and conditions before using our website .

 

When using this website the User/Client is aware that he/she must comply with all terms and conditions and with our privacy policy. Consequently, if you do not agree with any of our policies, you should not use this website.

 

The purpose of these terms and conditions is to define the general conditions of sale, from the act of processing the order, to the various services provided, including the methods of payment and the conditions of delivery of the goods.

 

We emphasize that, whenever justified, these terms and conditions may be unilaterally changed. Therefore, we recommend that you read it carefully and periodically.

 

If you have any questions regarding these terms and conditions or our privacy policy, the User/Customer can contact us by the following means:

 

               - Emailapoiocliente@lunabuy.pt

               - Postal Mail: Arroteia Cima, Livramento Caixa. Postal 334-E, 8800-102 Luz Tavira, Algarve - Portugal

               - Telephone: +351 960 077 584

 

USE OF THE WEBSITE

Registration on the LunaBuy website is only allowed to users who are legally capable of commercial purchase and who act only in their name and on their own account.

 

Any activity or participation by users under the age of 18 is considered illegal and will not be tolerated by LunaBuyThe access and use of LunaBuy's functionalities, directly or through an intermediary, is prohibited to all minors and adults accompanied, whose decreed measure prevents the execution of these businesses.

 

In the case of a legal person, the User/Client declares to be a representative of the same, with powers to perform the act.

 

When using the LunaBuy platform, and when placing ordersthe User/Client undertakes to comply with these terms and conditions, namely:

 

1 - Do not use the website for purposes other than obtaining information about the products and the respective conditions of sale and/or for their acquisition;

2 - Fill in accurately, completely and truthfully all the electronic forms related to the registration as a user, the formulation of orders and any others made available on the website that you may use;

3 - Save and do not disclose your user code and password ('Password') to third parties;

4 - Do not use the website or any of the platforms and forms made available through it, to disseminate illegal, illicit or offensive content of general principles of law, ethics and public order;

5 - Refrain from using the website to make legally invalid inquiries or orders;

6 - Refrain from divulging or disseminating any insulting, misleading, defamatory, obscene, xenophobic or discriminatory messages or information or that violates, in any way, the right to privacy or the intellectual or industrial property of third parties, as well as any information that could be harmful to third parties or to the domain owner;

7 - Fully comply with all conditions of use of the website, as well as transactions and contracts entered into through it.

 

In order to place orders for products through the LunaBuy website, the User/Client must proceed with their prior registration as a user, by completing the respective form available online.

 

The User/Customer is responsible for keeping the data relating to their user registration up to date, including the elements relating to their address. If the user finds, at any time, that the confidentiality of his/her data has been compromised, he/she should inform LunaBuy immediately by contacting info@lunabuy.pt.

 

The LunaBuy will not be responsible for delays in the processing of any order or loss thereof, due to error or failure of the data provided by the User/Customer.

 

After registering as a user, the User/Customer will be able to place orders, using the “virtual shopping cart” and following all steps, including those related to payment.

 

The LunaBuy not have any responsibility for transactions made with the user's account whether they are recognized or not by himself.

 

The LunaBuy considers valid the user's session from the time it is made the login with the user name and correct password. From that moment, LunaBuy cannot be held responsible for the unauthorized use or improper use of personal data.

                                                                                                      

If any activity on the user account is observed that could be considered fraudulent and that does not comply with the activities contemplated in these Terms and Conditions, or in the event of the occurrence of consumption patterns, or systematic repetitions, which may evidence the practice of irregular or illegitimate behavior, LunaBuy reserves the right to investigate these same activities, transmitting to the competent authorities the results of the diligences carried out by it, with whom it will collaborate and whose guidelines it will obey.

 

PRICES, FEATURES AND AVAILABILITY OF PRODUCTS:

In the event that the information presented on the website does not correspond to the characteristics of the product, the User/Customer has the right to terminate the purchase and sale agreement entered into online, under the applicable legal terms and without prejudice to the conditions referred to below.

 

The User/Client expressly accepts and declares to know the specifications of the products when ordering, with these conforming.

 

EIn the event of erroneous information on the LunaBuy website regarding product specifications, which would be reasonably apprehensive by the User/Customer at the time of ordering, this is not, in any way, opposed to LunaBuy.

 

The photographs presented on the website are merely illustrative. Therefore, we recommend that you consult the product details for better information about the respective characteristics of the items you wish to purchase.

 

Product prices and specifications are subject to change without notice. Despite LunaBuy's extreme attention to keeping all information up to date, some products may contain an incorrect price, so we will check prices whenever we process orders. If this occurs, at the time of order processing, LunaBuy will inform the customer accordingly.

In such a case the client:

·         The difference will be refunded if the advertised price is higher than the actual selling price;

·         You can choose to cancel the order, or informed of the effective price and keeping the interest in it, pay the difference, if the effective price is higher than the advertised price.

 

The LunaBuy, if any, will be required to provide a product at the lower price (still after sent the order confirmation or your shipment) if the error in the price is obvious and unmistakable, and this error could reasonably have been recognized by the User/Customer as being an incorrect price.

 

The indication of the availability of stocks, as well as the deadlines for delivery, are merely indicative.

 

The LunaBuy is not responsible for possible discontinuation in the production or sale of the products on your website.

 

If, as a result of unavailability of stocks or delays in processing or shipping the products ordered by the customer, it is impossible to satisfy the order within the specified delivery time, plus five working days, LunaBuy will contact the customer, who may choose to keep the order and accept the new delivery deadline indicated, or cancel it, being refunded the amount that you have already paid.

 

Under the terms of Decree-Law no. 7/2004 of 7 January (with the changes conferred by Decree-Law no. 62/2009, of 10 March and Law no. 46/2012, of 29 August), regarding electronic commerce, LunaBuy reserves the right to unilaterally cancel the order whenever there is a programming error, malfunction of the computers, as well as in case the contractual proposal arrives deformed at its destination and the error concerns an essential element of the contract.

 

The indicated price of the products is, unless an insertion error or indication to the contrary, the selling price to the public (including VAT at the legal rate in force). The price of any purchase made through the website is valid for the day on which the order is placed and paid for.

 

The advertised prices do not include shipping costs, which will be indicated to the User/Client before the order is validated.

 

Shipping costs are included in the price when finalizing the order.

 

All the data recorded by LunaBuy constitute proof of the set of transactions carried out between the Seller and the final Consumer, being the responsibility of LunaBuy to file the electronic document in which the contract is formalized, being obliged to keep it accessible. 

 

ORDERING:

To place your order online:

1.    Register or Login to enter your client area; 

2.    Browse the pages of the online store and find the product(s) you want to purchase; 

3.    Add your favorite products to the Shopping Cart using the “Add to Cart” button;

4.    When you understand that you have already chosen all the products you want to purchase, navigate to the Shopping Cart page using the icon and finalize the order by clicking on "Checkout"; 

5.    Proceed to payment through the electronic platform provided;

6.    You will receive an email with confirmation of availability of the chosen product (s) and order, as well as confirmation of the expected delivery time and the respective means.

 

PAYMENT AND MEANS OF PAYMENT

You can make payments with:

·         Bank Transfers;

·         Debit Cards ;

·         ATM References;

·         MBWAY;

·         PayPal.

 

Orders become effective after payment, using one of the payment methods provided by LunaBuy for online purchases on the website. At no time will your bank details enter the LunaBuy computer system.

 

For electronic payments via credit or debit cards, ATM reference, as well as MBWAY®, a payment platform is provided by SIBS, which ensures the quality of service and the best security guarantees. You can consult this partner's Privacy Policy here.

 

You can also make payment through PayPal, a payment platform provided by PayPal (Europe) S. rl et Cie, SCA, which ensures the quality of the service and the best security guarantees. You can consult this partner's Privacy Policy here .

 

We do not accept any payment method other than those mentioned.

 

ONLINE STORE SECURITY

The LunaBuy online store uses the latest and most robust security technologies available for encryption platforms. All payment information you provide will be encrypted, from the initial moment of your transaction, until the moment when the order is processed, and will not be saved on any public server.

 

Although we use highly evolved encryption software, any payment transmitted over the Internet, or via e-mail, runs some risks, particularly when the Customer does not take the necessary precautions and does not assume the appropriate responsibility.

 

The LunaBuy shall not be liable for any damage suffered resulting from the use of electronic means of communication, including damage resulting from failure or delay in delivery of electronic communications, interceções or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.

 

SHIPPING AND DELIVERY

Where?

Only orders with delivery address in Portugal will be accepted excluding autonomous regions or Spain excluding the Balearic Islands.

The customer data must be completely and correctly filled out. Its incorrect or incomplete filling may imply the non-dispatch of the order or prevent the success of the shipment and delivery, LunaBuy is not responsible for such fact. Any changes made to your account after placing an order will not be taken into account for that order, but only for future orders you place.

 

It is essential to have someone present to receive your order, as we only guarantee all the quality of the product up to the limit of the delivery time. After that time we are not responsible for the quality and/or presentation of the product.

 

For your convenience, you can request that your order be sent to another address of your choice. Make sure to enter the full address, as well as a contact name (if different) and mobile phone number to facilitate immediate delivery of your order. 

 

When?

After payment and confirmation of the order by LunaBuy on working days until 12:00, the delivery time for items purchased online is 2-3 business days for items with immediate availability. In the case of payment and order confirmation by LunaBuy to be made after 12 noon on working days or anytime on the weekend, the delivery time for items purchased online is 3 to 4 working daysAll deliveries are made on business days only. 

 

How?

Some of the data provided (Name, Address, Postcode, City, Contact) will be shared with the partner responsible for the Transport service so that it is possible to deliver deliveries made online. You will only be contacted if there is a problem with delivery. Your data will not be used for any other purpose. For more information see our Privacy Policy and Protection of Personal Data.

 

How much?

To all orders placed in the LunaBuy online store for delivery in Continental Portugal through the partner responsible for the Transport service, will be added the value of 8.00 € of transport costs, which will be offered by LunaBuy for purchases over 199,00 €.

 

 

 

TRANSFER OF RISKS AND PROPERTY OF PRODUCTS IN ONLINE PURCHASES

 

If the User/Customer is considered to be a consumer, under the terms defined in the consumer legislation, the risk of loss or damage of goods sent for delivery by LunaBuy is transferred to the consumer when he or a third party indicated by him, other than the carrier, acquires their physical possession.

 

In any other situation, the risk of loss or damage to the goods is transferred to the User/Client with delivery to the carrier of the goods.

 

Upon delivery, the User/Client must verify the conformity of the goods, namely the condition of the packaging, informing the carrier of any detected damages, mentioning them on the transport slip that he signs.

 

If the goods show damage not visible at the time of delivery, but resulting from deficient transport, the customer should, within 2 (two) days, preferably contact LunaBuy in writing to the following email address apoiocliente@lunabuy.pt.

Alternatively, you can contact LunaBuy at the following telephone number: +351 960 077 584, available from Monday to Friday from 9:00 am to 6:00 pm. (these times are subject to change).

 

RIGHT OF FREE TERMINATION OF THE CONTRACT

It is important for LunaBuy that you are completely satisfied with your purchase.

 

In this sense, if the User/Customer of LunaBuy products is considered a consumer, for the purposes of consumer legislation, and purchasing the products through the online store, the right to terminate the contract is granted within 14 (fourteen) days, counted in the following terms:

·        The day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the goods, in the case of purchase and sale contracts;

·     The day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the last item, in the case of several goods ordered by the consumer in a single order and delivered separately;

·         The day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the last lot or element, in the case of the delivery of a good consisting of several lots or elements;

·         From the day on which the consumer or a third party indicated by him, other than the carrier, acquires physical possession of the first good, in the case of contracts for the periodic delivery of goods during a certain period.

 

If the products have been purchased by a User/Customer who does not qualify as a consumer for the purposes of consumer legislation, the general rules apply.

 

If you are a consumer, you can exercise the right of free withdrawal from the contract provided that the following conditions are met:

·         Presentation of the product purchase invoice;

·         The product must be delivered in the same condition in which it was sold - presenting adequate quality and conditions, with no signs of consumption or perishing and packed in the respective packaging;

 

The request for termination of the contract must be made by sending an unambiguous statement of intention to terminate or, alternatively, the “ Free Resolution Model ” available here, with mention of the full name, order number, and must include photographic records of the product, in order to assess its conformity.

The Termination of the Contract can be made through one of the following means and addresses:

Email: apoiocliente@lunabuy.pt

Postal MailArroteia Cima, Livramento Caixa. Postal 334-E, 8800-102 Luz Tavira, Algarve - Portugal

 

If the User/Client proceeds to the Termination of the Contract by email, LunaBuy accuses the consumer, within 24 hours, of receiving the declaration of termination.

 

If the User/Client chooses to exercise the right of free termination of the contract by post, a notice of receipt of the declaration of termination on a durable medium will be sent within 48 hours.

 

In case of exercising the right of free resolution, the User/Client will bear, in full, the costs of returning the goods.

 

The User/Client is responsible for any devaluation of the value of the product (s) purchased after delivery.

 

Likewise, the User/Customer will be responsible for any addiction or non-conformity verified in the product (s) caused by their transport, whenever this is not the responsibility of LunaBuy.

 

After the exercise of the right of free resolution, the refund of the amount paid by the User/Client, including, if applicable, the costs that the User has paid for the delivery of the asset at the time of purchase, will be made after validation of the fulfillment of the return conditions, within a maximum period of 14 (fourteen) days.

 

For amounts paid by Credit Card or PayPal, the refund will be made to the same payment method. In the case of amounts paid through Multibanco or MBWAY, the refund will be made by bank transfer, with the User/Client being asked for the IBAN during the refund process.

 

If the User/Client wishes the refund to be made through a different means, he must, within 5 (five) days from the sending of the contract termination declaration, communicate in writing his option, providing all the necessary information, by the following means:

Email: apoiocliente@lunabuy.pt

Postal Mail: Arroteia Cima, Livramento Caixa. Postal 334-E, 8800-102 Luz Tavira, Algarve - Portugal

 

The refund may be withheld until LunaBuy has received the goods given for return, or until the User/Customer presents proof of the goods' shipment, whichever comes first.

 

The User/Client must return the goods without undue delay and no later than 14 (fourteen) days from the day he informed LunaBuy of the free termination of the contract, considering that it is respected if the User/Client returns the goods before the expiry of this period of 14 (fourteen) days, as long as sending the products by mail seems possible, without perishing them, and a shipping method must be adopted that ensures their quality and conservation. In this case, the User/Client will have to bear the costs of returning the goods in full.

Postal Mail: Arroteia Cima, Livramento Caixa. Postal 334-E, 8800-102 Luz Tavira, Algarve - Portugal

 

Excluded from the Right of Free Resolution, under the terms described above, contracts for:

 

·         Supply of goods made according to consumer specifications or clearly customized;

·         Provision of goods that, by their nature, cannot be resent or are liable to deteriorate or become quickly out of date; 

·         Supply of sealed goods that cannot be returned, for reasons of health or hygiene protection;

·         Supply of goods that, after delivery and by nature, are inseparably mixed with other articles;

·         Any other exceptions contained in DL No. 24/2014, of 14 February, when and if applicable.

 

CONSUMER GOODS GUARANTEE

 

Products sold to Users/Customers, considered consumers for the purposes of consumer legislation, are covered by the legal regime for the Sale of Consumer Goods and the Guarantees Relating to it, approved by Decree-Law No. 67/2003, of 8 April, on your current version. 

 

As a rule, the conformity of the purchased goods is guaranteed for a period of two years from the date of delivery of the product(s).

 

In case the purchased product presents any non-conformity, the User/Client must communicate the situation, in writing, informing about the number of his order and send the detailed description of the addiction, including photographic records of the same. You must do this by one of the following means:

Email: apoiocliente@lunabuy.pt

Postal Mail: Arroteia Cima, Livramento Caixa. Postal 334-E, 8800-102 Luz Tavira, Algarve - Portugal

 

The costs of returning or collecting items not in accordance with the contract, which are within the warranty period, will be borne by LunaBuy.

 

In case of proven lack of conformity of the good, the User/Customer who is a consumer has the right to have it replenished, free of charge, by means of repair or replacement, the appropriate price reduction or the termination of the contract.

 

The replacement of the product, its repair, the termination of the contract or the reduction of the price must be carried out within 30 (thirty) days after verification of the defect.

 

If the verification and evaluation carried out on the product (s) results in signs of non-conformity, intentionally or negligently, attributed to the User/Client, the same (s) will not enjoy (will enjoy) the aforementioned guarantees.

 

The request for replacement, price reduction or termination of the contract must be made by email to apoiocliente@lunabuy.pt, detailing full name, order number, choice of replacement option, repair, price reduction or termination of the contract and it must be mandatory. include photographic records of the product.

In case of replacement, LunaBuy proceeds to send a new product to the customer, which will be delivered upon collection of the damaged product, without causing any charge to the Customer/User.

 

In case of termination of the contract, LunaBuy will schedule the collection of the product, and once the product is delivered to your premises, a full refund of the product will be made.

For this purpose the User/Client must indicate the bank details in the email so that the refund can be processed.

 

RESPONSIBILITY

 

All products sold on the website https://www.lunabuy.pt are in compliance with Portuguese legislation.

 

The LunaBuy is not liable for losses resulting from interference, interruptions, computer viruses, faults or disconnections of the operating system that might prevent temporarily access, navigation or the provision of services to the User/Customer.

 

Likewise, LunaBuy cannot be held responsible if the breach of its obligations is attributable to an unpredictable or insurmountable fact of a third party, that is, due to a force majeure.

 

It is the sole responsibility of the User/Customer to keep the information on their Customer account data correct and up-to-date, through the Customer Area of ​​our website, or through our Customer Service.

 

The LunaBuy disclaims any liability for any delay or order processing is not possible, particularly in the delivery act, due to error or failure or error of the data provided by the User/Customer.

 

The item(s) sold are described and presented on the website with the greatest possible accuracy. If, despite all our precautions, errors occur on the LunaBuy website or in the catalogsLunaBuy will not be held responsible for such fact.

 

Except in the case of application of the consumer legislation, explained above, any operation between LunaBuy and its Users/Customers, not contested, through the appropriate channels, within a period of 6 (six) months, may not give rise to any claim or LunaBuy's responsibility.

 

The User/Client does not have the right to transmit, assign, record or, in any other way, transfer a contract or any of the rights and obligations derived from it for their benefit or to themselves, without prior consent, and in writing on a durable medium from LunaBuy .

 

The LunaBuy may transfer, assign, record, subcontracts or otherwise transfer a contract or any of the rights and derivatives of the same obligations in their benefit or on his behalf, at any time during the term of the contract, provided that such do not diminish the contractual or legal guarantees of the User/Client.

 

Failure to exercise any right that assists LunaBuy does not correspond to the waiver or limitation of these rights or actions, nor will it exonerate the User/Client from the fulfillment of its obligations, reserving it the possibility to exercise its rights within the legally established term.

 

 

COMMUNICATIONS FORM

 

Under the terms of the applicable legislation, when using this website the User/Client accepts that, as a rule, communications will be made in writing and on a durable medium.

 

In this sense, as a rule, contact with the User/Client will be made through the email address provided by the latter.

 

In addition, whenever necessary, LunaBuy will post notices to Users/Customers on this website.

 

Thus, the User/Client, accepts the use of electronic means of communication and recognizes that all contracts, notifications, information and other communications sent by electronic means satisfy the legal requirement that such communications be made in writing. This condition will not affect the legally recognized rights.

 

 

EXTRAJUDICIAL RESOLUTION OF CONSUMPTION CONFLICTS: 

In the event of a dispute, the User/Client may resort to an Alternative Dispute Resolution Entity for consumption.

 

The updated lists of Alternative Dispute Resolution Entities, available under the terms of paragraph 2 of article 17 of Law no. 144/2015 of 8 September, as amended by Decree-Law no. 102 / 2017, of August 23, are available for consultation here.

 

If the transaction concluded between the User/Consumer and LunaBuy has been completed through our website, in accordance with EU Regulation No. 524/2013, the User/Client is entitled to try to resolve any dispute in an extrajudicial way through access to the online electronic dispute resolution platform, via http://ec.europa.eu/consumers/odr/.

 

More information on the Consumer Portal.

 

APPLICABLE LEGISLATION. COMPETENCE OF PORTUGUESE COURTS:

The Portuguese Law is applied to the use of the website as well as to the transactions, contracts and business concluded through it, and to the interpretation and application of the present general conditions.

 

In order to settle any dispute arising from the use of the website, transactions, contracts and business entered into through this or the application of the present general conditions, the Portuguese Courts are exclusively competent.

 

CLIENT SUPPORT

The LunaBuy offers a customer support service. This service is intended to support the customer at any time in order to clarify any existing doubts related to LunaBuy's products and services.

 

The LunaBuy offers a claims service for use by the customer. Being its focus on customer satisfaction, LunaBuy will do everything in its power to solve the problems reported by the customer in the shortest possible time.

 

For the purposes of communication in the scope of customer support and complaints, we inform you that the following means of contact are available:

Email: apoiocliente@lunabuy.pt

Postal MailArroteia Cima, Livramento Caixa. Postal 334-E, 8800-102 Luz Tavira, Algarve - Portugal

Telephone: +351 960 077 584

 

FINAL DISPOSITIONS

When using this website or placing an order through it, the customer is aware that he must comply with these conditions and our privacy and cookies policies. If you do not agree with them, you should not use this website. Thank you for sending feedback and suggestions to apoiocliente@lunabuy.pt.

 

All the rules described in this document, generically referred to as “Terms and Conditions”, may be updated regularly, being applicable from the moment of their publication, except for actions already in progress. That is why, at all times, you are bound by the rules, whenever you use the services available on our website. It is your responsibility to read it periodically, since the conditions in force at the time of using the website or entering into the contract are those that will apply. The Terms and Conditions described here take precedence over any type of communication that can be made via e-mail, telephone or any other means of contact.

 

If you do not agree or accept these Terms and Conditions, you should not continue to use the page or enter into the contract.

 

Any breach of these Terms and Conditions by the customer reserves LunaBuy the right to unilaterally terminate any existing bond.

 

Version: 1.0 (03/03/2021)

  

 

ATTACHMENT

 

TEMPLATE FORM FOR REMOTE CONTRACT TERMINATION

(Fill and return this form only if you want to terminate the contract)

 

To [ fill in the name, geographic address and, where appropriate, fax number and email address of the professional ]:

 

By this communication / we communicate (*) that I am resolving / we have resolved (*) of my / our (*) purchase and sale contract relating to the following asset / of the following goods (*):

[indicate the goods acquired for which the contract is to be terminated].

 

Such item was ordered in / such goods were ordered in: [indicate date of order] and received in / and received in [ indicate date of receipt ].

 

Name of consumer (s): [indicate name]

Address of the consumer (s): [indicate address]

 

Signature of consumer (s)

Date

 

 

(*) delete as appropriate)