1. Scope and Purpose
1.1 These General Terms and Conditions of Sale are intended to describe the conditions of access and use of the website www.vivermelhor.pt (henceforth: "Website") by individuals accessing the Website for non-professional purposes ("Users"), as well as to explain the contractual conditions applicable to the distance purchase of products through the Website, from the act of ordering to the various services provided by Viver Melhor, including payment methods and the conditions of delivery services for the products ordered. When browsing the Site or making an online purchase through it, the Users declare that they are over 18 years of age and have the legal capacity to enter into contracts and make payments.
1.2 The website www.vivermelhor.pt belongs to VV Melhor, unipessoal lda, with headquarters at Rua de Chartres, nº 7-A, with the telephone number +351 266734032 and the email address firstname.lastname@example.org, as a collective entity nº 513 326 502, registered in the commercial registry office of Évora under the same number, with the share capital of 5000 euros.
2. Applicable Law
2.1 The present general conditions and all disputes arising in connection with these general conditions, including their validity, the use of the Site or any purchase from it shall be governed by Portuguese Law.
2.2 All rules and procedures in the present document do not contradict, by any means or form, the legislation in force, being its purpose to frame the rights and duties of the relationship between the User, as a visitor, and Viver Melhor. Both navigation on the Site and the purchase of any product presuppose the acceptance of the General Terms and Conditions of Use and Sale described on this page. The User must read these Terms and Conditions every time he/she accesses this Site, since they can be modified a posteriori.
3. Amendments to the Terms and Conditions
3.1 These Terms and Conditions will remain in force and will be valid for as long as they are accessible through the Site. Viver Melhor reserves the right to modify them, without prior notice, as well as to modify any of the legal texts that are exposed on the Website, to adapt them to the current legislation applicable at any given time, to new case law and to usual market practices. In any event, access to the Website following its modification, inclusion and/or replacement implies acceptance of the same by the User, who is subject to the principles and terms in force at the date of his or her order, unless the law or competent authority imposes any change to the same.
4. Product Information and Content
4.1. Although Viver Melhor works its Site with all care, the information, texts, graphic documents, videos, music and/or other services may contain mistakes or be incomplete or incorrect, being that they will be quickly corrected whenever they occur, and as soon as they are detected. If you purchase a product that has different characteristics than those presented online, you have the right to proceed to the rescission of the purchase contract under the applicable legal terms.
4.2. Viver Melhor cannot be held responsible for any damages resulting from the use (or inability to use) the Site, including damages caused by viruses or any inaccuracy or imperfection of the information, unless such damage is the result of willful or negligent behaviour by Viver Melhor.
4.3 All information about price, products, specifications, promotional actions and services can be altered, at any moment, by Viver Melhor, without previous notice.
4.4 All information and essential characteristics, related to products and/or services published in the Viver Melhor's Site, are published based on photographs that illustrate the products and in technical descriptions, from the manufacturers and Viver Melhor's collaborating companies. This procedure is done within the technical limits and respecting the best market standards.
4.5. The accessories, complements and decoration ornaments present in the online shop's articles images are not included in the price, except when expressly indicated.
4.6. The User must bear in mind that the colour and tone of photographs of products may vary depending on the monitor on which they are being displayed. Likewise, photographs may vary in tone and contrast due to the lighting conditions at the time they were taken.
4.7. The Viver Melhor shop may, at any time, add new products to those included in the website. Likewise, the shops reserve the right to remove or stop offering, at any moment, and without previous notice, any products offered in the website.
5. Trademarks and Copyrights of the Site
5.1 All brand names, product names and titles used on the Site are registered brands or registered names of Viver Melhor or registered brands and registered names of other holders.
5.2 The User of the Site is not allowed to use or reproduce any of these trademarks or registered names as this is a violation of the rights of the holders.
5.3 All content and information in this Site and its subdomains are property of the Marca Viver Melhor, the User does not acquire any right over them for the mere use of the Site. In this sense, the reproduction, copy and divulgation by other means, of logotypes, texts, images, files, videos, etc., that are present in this Site, is subject to previous authorization from the company Viver Melhor.
5.4 Users are only authorised to electronically copy and print portions of the Site if this is necessary to place an order on the Site or to use the Site as a source for a purchase.
5.5 It is forbidden to use this Site with the intention of damaging goods, rights or interests of the owner of the Site or of third parties, as well as to make any use that alters, damages or renders useless the networks, servers, equipment, products and computer programs of the owner of the Site or of third parties.
6.1 Viver Melhor will only be responsible for damages suffered by the client in case those damages result from violations imputable to Viver Melhor's contractual obligations towards the client, or in case Viver Melhor's responsibility results from the applicable legal law.
6.2 The owner of this Website is not responsible for controlling the existence of malicious software, or any other harmful element in the Website, nor for the damage that such software can cause to computer equipment while accessing the Website. It is up to the User, in any case, to have the appropriate tools to detect and disinfect these elements.
6.3 The owner of the Site is not responsible for situations where Users may suffer damage as a result of interruptions to access the Site caused by the failure or disconnection of telecommunications networks.
6.5 Data and information consultations made within the scope of this Service are assumed to have been made by the User, with Viver Melhor disclaiming any liability arising from the abusive or fraudulent use of the information obtained.
6.6 The company Viver Melhor will not be responsible for any losses or damages caused by abusive use of the Service that are not directly imputable to it as fraud or serious fault.
6.7. Viver Melhor is not responsible for damages that result from incorrect information in the Site.
6.8. Viver Melhor cannot be held responsible for damages suffered by third parties resulting from the use of our products. Viver Melhor cannot be held responsible for damages suffered by the Client as a consequence of an improper use of our products.
6.9 In case the Client suffers damages that are a result of Viver Melhor's serious negligence or malice, none of the limitations in this article shall apply.
7. Obligations of the User
7.1. The User undertakes to:
7.1.1. provide correct personal details and address;
7.1.2. not to use false identities;
7.1.3. respect the order limits imposed.
7.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility to process the order or eventual non-delivery, the responsibility is the User's, Viver Melhor declines any responsibility. In the event the User violates any of these obligations, the company Viver Melhor reserves the right to eliminate future purchases, block access to the shop, cancel the supply of any other services made available simultaneously by Viver Melhor to the same User; and, also, not allow the User future access to any or any services made available by Viver Melhor.
7.3 It is strictly forbidden to use the purchased products and services for commercial purposes, namely for the purpose of resale of goods.
7.4 The User undertakes to use this Website in compliance with the applicable legislation, refraining from using the Website for activities that are against the law, morals and good customs, or the rights and interests of third parties.
7.5 It is the responsibility of the User to check that the items they have selected are suitable for the use they are intended for, to make sure they are as comfortable as expected, that they are the right size for the space where they are to be placed and that access to the place of delivery allows them to pass (please note the description of our products, their measurements can be found in the product description in our online shop).
7.6 These Terms and Conditions are fully governed by Portuguese law. The User undertakes to make proper use of this Site in accordance with the Law and will be liable to the owner of this Site, and to third parties, for any damage or loss that may be caused by breach of these obligations.
8. Privacy and Personal Data Protection
8.1. Viver Melhor is a responsible and consolidated organisation, a reference in the Commerce and Distribution of medical and orthopaedic products, which also provides accessory services, such as transport and assembly, both through the physical shop and the online shop. This heterogeneous activity needs and requires availability of communication, transparency of processes and sharing of information systems by all group companies, service areas and partners, as well as the processing and handling of various categories of holders and types of information, including personal data and information.
8.2 The company Viver Melhor is committed to protect the privacy and confidentiality of information and personal data of its employees, customers, partners (including customers and partners contact details) and any other identifiable individuals.
8.3. Viver Melhor controls the collection and processing of all personal data collected through this Site. Viver Melhor respects the privacy of its users and complies with the Portuguese and European legislation regarding the processing of personal data, as well as with the requirements of the legislation in force and of the Portuguese Data Protection National Commission ("CNPD").
8.4 Viver Melhor guarantees the confidentiality of all data provided by the Users. The personal data identified in the order form, as being mandatory, are indispensable for Viver Melhor to provide the service. The omission or inaccuracy of the data provided by the User is of his or her sole and entire responsibility and may lead to Viver Melhor refusing to provide the service.
8.5 The User's personal data will be processed and stored electronically and are intended to be used by Viver Melhor within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for communication/marketing purposes.
8.6 Under the terms of the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or by written request, as well as the right to oppose the use of the same for the purposes set out in the previous number, for which purpose they should contact the entity responsible for the processing of the personal data.
8.7 The Internet is an open network, so the User's personal data, other personal information and all the content hosted in the service may circulate on the network without security conditions, running the risk of being accessed and used by third parties not authorized to do so, Viver Melhor cannot be held responsible for such access and/or use.
8.9 You may configure your internet browser to notify you when a cookie is stored on your computer or to 'disallow' cookies from the Website. However, 'non-acceptance' of cookies will limit access to and use of certain features of the Site.
9. Commercial Policy
9.1 Viver Melhor has products for sale on the Website www.vivermelhor.pt, being the e-commerce services exclusively available to end users/consumers. These general terms and conditions of sale regulate exclusively the offer, transmission and acceptance of orders placed on the Site between the online shop consumers and Viver Melhor.
9.2 Only people with the necessary legal capacity to sign contracts regarding the type of goods and services offered on the Site can place orders on the Site.
9.3. Viver Melhor reserves the right not to process orders received from users who are not "consumers" or those who do not agree with Viver Melhor's general terms and conditions of sale.
9.4 The User must provide the company Viver Melhor with an e-mail address, or other contact details, that is correct and complete, and accepts that Viver Melhor may contact him/her using those details if Viver Melhor deems necessary.
9.5 The consumer must not make any false or fraudulent request. If such an order is proven to exist, we will be entitled to cancel it and inform the relevant authorities.
9.6 Any User, from anywhere in the European Union, may browse our Website and finalise an order. However, Viver Melhor only guarantees the delivery of products to Portugal - Mainland and Islands. A User who does not live in Portugal, but who nevertheless wishes to place an order may do so provided that the User indicates an address in Portugal to which the product can be shipped.
10. Purchasing Process
10.1 To order at www.vivermelhor.pt it is necessary that the User has an e-mail account and that his browser is configured to accept cookies and pop-ups, in order to allow the enjoyment of all the navegability conditions of the Viver Melhor online shop.
10.2 To make any purchase at the Viver Melhor online shop, the User must always register as a User on the Website.
10.3 To register as a User on the Viver Melhor Website, it is an indispensable requirement that you are over eighteen and that you provide, through the registration form, all the required and identified as mandatory data. Once created, the User's account is personal and non-transferable, as is the access password associated to it, which must satisfy the minimum compliance and security requirements. The User may change or recover their password at any time by following the procedure indicated on the Website. 10.4.
10.4 It is the User's obligation to immediately notify Viver Melhor of any fact leading to the improper use of the Username and/or password, such as theft, loss or unauthorized access, so that they can be immediately cancelled. Until such facts are communicated, the company Viver Melhor will be exempt from any responsibility that may derive from the improper use of the usernames or passwords by unauthorised third parties.
10.5 To Register as a User follow these steps:
10.5.1. click on "Login/Register" at the top space of our Site.
10.5.2. enter the e-mail address you wish to be associated with your registration and continue.
10.5.3. fill in the form and finish .
10.5.4 Finally, you should receive an e-mail confirming your registration (if you do not receive it, check the Spam box of your e-mail).
10.6. Placing an order at www.vivermelhor.pt is very simple:
10.6.1. search for the products you want by category or simply enter the reference or name of the same in the search field. By clicking on a product, you will find all the information you need. This will allow you to choose the features and quantity you want and finally add it to your shopping cart (or put it in your favourites list by clicking on the heart-shaped icon).
10.6.2 Once you have added a product to your cart, you can continue shopping by adding more items to your cart.
10.6.3 Once you have added all items you wish to purchase, click on 'View cart' where you will see your order summary. Then click 'continue' (If you have navigated the Site without logging in or registering, you must do so at this point, otherwise you will not be able to complete your order).
10.6.4 Next select one of the delivery methods we have at your disposal, choose the address where you wish to receive your order (it can be the billing address or, if you wish, you can add a different address) and fill in the telephone contact field, which is mandatory. Also fill in the invoicing details by entering the VAT number and choosing the address.
10.6.5 If you have a promotional code, you can enter it in the field.
10.6.6 Finally choose the payment method that is most convenient for you.
10.7 Your order is confirmed when you select the 'Checkout' button at the end of the ordering process. An order confirmation is also sent to your email address.
10.8 By submitting the order form you accept the general terms and conditions of purchase, as well as other conditions existing at www.vivermelhor.pt, through links, including the general terms and conditions of use.
10.9 We reserve the right not to accept your order, or to cancel it even after its automatic confirmation.
10.10. If the item you wish to purchase is marked as 'Out of Stock', you may send an e-mail to email@example.com so that you can be informed when the product is back in stock. It may also happen that there are products that are not in stock at the time of order, but that have already stipulated replacement dates. In this case, you will be allowed to place your order and you will be informed of the expected date of replenishment. This way, you can take advantage of promotions for that product at the time of ordering.
11. Availability of Products
11.1 All product orders are subject to stock availability. In case there are difficulties in the supply of products, or in case a product is out of stock, Viver Melhor will immediately inform the Customer of the unavailability, and the Customer may choose to cancel the order and request the reimbursement of the amount paid, or to order another equivalent product, at the same price. The delivery times indicated in each product, are merely indicative and refer to the average estimated time of delivery of the product.
11.2 In case of unavailability of the product, the company Viver Melhor will inform the Customer about equivalent or superior quality replacement products. The information "available" or "unavailable", present in each product, refer to its availability in the market and not to the stock quantity.
11.3 If you choose to cancel your order or do not place a new order within 3 days of us notifying you that the product you ordered is unavailable, we will refund any money paid in relation to the unavailable products as soon as possible and, in any event, no later than 30 days after we become aware of the unavailability.
12. Right not to accept the Order or to Cancel the Purchase
12.1 Viver Melhor reserves the right to refuse any order, for any reason. We also reserve the right to cancel any purchase (even if it has already been accepted by us), in the following situations (among others), without being liable for any damages or costs:
12.1.1. the product is no longer available/in stock (payments will be returned to you);
12.1.2. billing information is not correct or verifiable
12.1.3. orders do not have sufficient guarantee of good collection;
12.1.4. the order is flagged by our Security Systems as an incorrect order or an order susceptible to fraud;
12.1.5. the transfer for payment of the order has not been received by us within 3 days after acceptance of your order;
12.1.6. If we consider you to be a minor
12.1.7. we treat you as a reseller;
12.1.8. If we are unable to deliver to the address you have provided.
12.2 Viver Melhor reserves the right to limit the maximum purchase quantity for final consumers.
13. Data Verification
13.1 Upon receipt of your order, we may perform some checks on your order before it is prepared.
13.2 These checks may include address verification, creditworthiness and fraud checks. For the latter, we perform partially automated checks on all orders to filter out transactions which are unusual, suspicious or identified as susceptible to fraud. Suspected fraud will be investigated and, if necessary, processed. By confirming your order you agree to these conditions.
14. Pricing Policy and Shipping Costs
14.1 The Retail Prices (RSP) in our online shop are presented in euros (€) and include VAT at the legal rate in force.
14.2. The prices shown, in some cases, are recommended retail prices set by our manufacturers.
14.3 Whenever there are promotions, sales or sales, these are identified as such, along with their effective dates and, in addition, the percentage discount applied.
14.4 The prices and promotions on the Website are exclusive online and may not apply to the physical Viver Melhor shops.
14.5 The sale prices of the published products do not include delivery and assembly services. The costs of delivery and/or assembly services are the Client's responsibility.
14.6 The total price specified in the final checkout menu includes taxes, shipping costs and/or other services ordered by you. Prices are quoted upon order confirmation, which you can print or download for future use. Please only pay the exact amount specified in the order confirmation and make individual payments per order.
14.7 Viver Melhor reserves the right to modify sale prices at any time. Such modification will be made under the terms of the legislation in force.
14.8 The prices displayed at the time of purchase are the prices applied to that purchase.
14.9 The sale prices indicated on the order form are valid between the date of the order and the effective date of delivery, regardless of any possible positive or negative variations in the retail prices and the campaigns practised in the online shop for the same articles in that time interval.
14.10. We point out that, even though the Site is updated with extreme attention, it may exceptionally happen that the price information may contain errors. The company Viver Melhor does not commit to the offer and reserves the right to cancel your order, in case such error occurs.
14.11. If you choose home delivery, the shipping costs will depend on the characteristics of the order you placed. The cost is calculated automatically by our platform and takes into account certain criteria, namely the zone to which you belong, your postcode and the total weight/volume ratio of the items in your order.
14.12. These prices do not include the use of special means of transport or access, such as external ladders or cranes, or construction alterations to doors, windows, stairs or other structures in the property.
14.13. In the specific case of the Assembly service (not applicable to orders for the islands and limited to some areas of mainland Portugal), its cost depends on the typology of the items that include this service, depending on the degree of complexity associated with their assembly.
15. Payment Methods
15.1 The insignia Viver Melhor offers the User various forms of payment:
15.1.1. ATM: After finalising the order, the User should make payment through an ATM or Home Banking as soon as possible, in order to ensure that stock is held captive. To do this you should use the details provided at the end of the purchasing process. Orders paid by ATM reference, will only be processed after payment confirmation.
15.1.2 PayPal: for this the customer should have an account previously created for this purpose. If the User chooses to pay with Paypal, the Site will process the transaction through Paypal's digital payment gateway.
15.1.3 MBWay: Once the order is completed, the User should make the payment through the MBWay application following the instructions provided.
15.1.4 Bank Transfer: After finalising your order, the User should make payment via an ATM or Home Banking as soon as possible in order to ensure that stock is held captive. To do this you should use the details provided at the end of the purchasing process. Orders paid by Bank Transfer, will only be processed after payment confirmation.
15.1.5 Credit Card: After finalizing the order, you should insert your credit card data in the fields indicated for this purpose.
15.2. We do not accept any other method of payment besides those mentioned. Please do not attempt to pay by any means other than those specified. If you do so, we will not be liable for loss of payment or any other damages whatsoever.
15.3 All payment details entered on the Website are confidential and secure, and all pages where data is exchanged are encrypted using the Secure Sockets Layer (SSL) protocol using an SSL certificate of the highest security.
15.4 The customer has a period of 3 days from the time of placing the order in the online shop to make payment. If at the end of that period, Viver Melhor does not receive the payment, the order will be cancelled.
16. Property Reservation
16.1. The company Viver Melhor retains ownership of the company's products until it has received full payment for all such products.
17. Shipments and Delivery
17.1. Regardless of the product you may have chosen, Viver Melhor is committed to guarantee a quality delivery service to the delivery address the Customer indicates in the order form. You may request delivery of the articles to another address or with another natural person different from the one who places the order, as long as the delivery address is located in national territory.
17.2. Viver Melhor selects the ideal type of transport according to the characteristics of the Client's order and intends to guarantee that the delivery of the products is done in good condition. In any case, once you receive your order, we advise you to check it before signing the delivery note with the courier.
17.3 For mainland Portugal, the following delivery methods are available
17.3.1. pick up in shop, a method that does not incur any cost to the customer. As soon as your order is ready to be picked up at the shop, you will receive a notification by SMS and/or e-mail. Check our shop opening hours.
17.3.2 Home delivery, a method which involves additional costs. Faster, easier and more convenient, these delivery services operate from Monday to Friday, and for their completion the customer will be contacted by the carrier via email or telephone call.
17.4 If you live in one of the Autonomous Regions, your order will be sent via CTT to your address or to a post office nearby.
17.5 It is not possible to select different delivery methods for different items in the same order. Please note that when placing an order, the method you choose will be the same for all products in the cart. If you want different delivery methods per article, you will have to place separate orders.
17.6 For the purpose of these Terms and Conditions, an order will be considered delivered at the moment You, or any third party designated by You, take physical possession of the products, which will be proven by the signature of the order reception record at the agreed delivery address.
17.7 Upon delivery, You should inspect the packaging to check for any damage. If you find that the products are damaged, you must state so on the carrier's delivery note and take a photograph of the damage and the delivery note. If, when unpacking the product, it is found to be damaged, please send us this information to firstname.lastname@example.org, so that we can analyse its return.
17.8 Any claim of non-receipt of an order must be made within a maximum period of 5 days from the date of receipt of the shipping confirmation. After this deadline, Viver Melhor cannot be held responsible for the loss of the order.
18. Delivery Time Limits
18.1 The time period for the different delivery methods are estimated and start counting from the moment the payment is received. For mainland Portugal, the delivery of the order is usually made within 10 working days (subject to availability of all items in the order). For the Islands, the delivery period may be longer, taking into account that it is done by sea transport.
18.2 The delivery time for items that are not available in the warehouse will vary according to the supplier's availability.
18.3 Please note that during special promotions such as sales and/or free shipping, there may be delays in the delivery of orders from our warehouses.
18.4 The Viver Melhor company will not be liable for the non-performance, or delay in performance, of any obligation which is due to a force majeure event, i.e. an event, act or omission, beyond its reasonable control (Force Majeure Event - which comprises any event, act or omission, beyond the reasonable control of the "Seller").
18.5 We will, so far as is commercially reasonable, endeavour to deliver on time. This is how we always do things as a rule.
18.6 Where possible we will attempt to deliver everything in one shipment. However, we reserve the right to split the delivery of your order, for example (but not limited to) if part of your order is delayed or not available from stock. In the event that we do split your order, you will be notified by e-mail of our intention to do so. The email address provided by you at the time of purchase will be used for this purpose.
18.7 For reasons related to transport organisation and the imponderables that occur daily in the routes of our drivers and assembly technicians, the Viver Melhor insignia does not schedule deliveries.
18.8 If you wish to reschedule your pick-up or delivery confirmed by our services, Viver Melhor reserves the right to charge the costs corresponding to the reorganisation of the preparation, logistics and administrative processes. Viver Melhor may make changes to the schedule indicated for the withdrawals service without prior notice.
18.9 In case of failure to deliver or pick-up, for reasons attributable to the Customer, the products will remain available and captive in stock for a maximum period of 15 days, for rescheduling. After this period, the products will no longer be held captive by the Customer and delivery or collection will depend on new stock availability/replacement.
18.10. Should the previous condition in 18.9 occur, Viver Melhor reserves the right to charge storage costs, counted daily until the effective delivery date, not exceeding 180 days, counted from the order date. After this period, the amount paid by the client reverts to the company and the client loses the right to claim the delivery.
19. Logistical Aspects of Delivery
19.1 Delivery is considered to take place on the ground floor of the address in question, and it is not the carrier's responsibility to transport the package to any room in the house or to upper floors.
19.2 If the delivery service sees a high risk of damage when transporting the items to the delivery location, they may advise against it. In this case, if the Customer wishes to oppose this advice, the transportation will be done at the Customer's own risk and Viver Melhor will not accept any costs resulting from the resulting damage.
19.3 Please note that Viver Melhor does not install any equipment. We also do not make any modifications, nor manipulate water, electricity, gas or discharges. We also warn that the delivery of some types of products, furniture for example, is only made up to your doorstep. For any clarification on this matter, please contact us.
20. Available Services
20.1 At this moment in the online shop, we only have available the rental service. This service only applies to deliveries made in Évora and its cost depends on the type of items that include this service, which are divided into classes, depending on the degree of complexity associated with their assembly. This service is also not suitable for deliveries made to the Islands.
21. Legal and Commercial Guarantees
21.1 All equipment available in the Store is duly certified by the relevant international entities.
21.2 In accordance with Decree-Law 67/2003 of 8th April and with the alterations introduced by Decree-Law 84/2008 of 21st May, all products have a guarantee period defined by the manufacturer, which in legal terms is at least 2 (two) years for the generality of the products, excluding batteries, mattresses and other consumable products. This period is considered from the date of invoice of the equipment and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.
21.3 In the event of a lack of conformity, you must inform us as soon as you become aware of it, in one of the following ways: go to our physical shop or contact us through the contact form on our Website. After you have contacted us, our services will evaluate the case and determine whether the product will be replaced, the parts replaced or another type of solution.
21.4 Equipment that has exceeded the period defined by the manufacturer or presents defects caused by abnormal wear and tear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of humidity/liquid, use of non-original accessories and technical interventions by unauthorised personnel are considered out of warranty conditions.
21.5 For any questions, complaints or requests for information, you may contact the after-sales service at email@example.com.
22. Returns and Cancellations (online shop*)
22.1 Cancellation of your order before shipment:
22.1.1 You may cancel your order within 12 hours, provided that your goods have not left our warehouses. To do so, you must contact us at firstname.lastname@example.org indicating the order number, the product reference and the reasons for cancellation.
22.1.2 If your order is already in transit (i.e. if the goods have already left our warehouses), the cancellation will be treated as a return and the associated costs will be borne by you. This will be applied in all cases, even for orders placed during the free shipping promotion, and the cost of return will be equivalent to the shipping costs without any applicable discounts or promotions. In any case, after your communication, our services will contact you. The refund will be made using the same method of payment through which you made the purchase (if you pay by ATM reference, you must give your bank details to our customer support when you start the return process).
22.2 Right of Withdrawal (Freely Redeemable):
22.2.1 In accordance with article 10 of DL nº24/2014 of 14 February, if the customer verifies that the product does not meet his/her expectations, he/she may return it within a maximum period of 14 days from its receipt, without the need to state the reason.
22.2.2 However, we do not accept returns of: any product that has been totally or partially assembled, altered and/or used; products with damaged packaging or with traces of manipulation; unsealed packaging; consumable products such as nappies, pads, couch rolls, creams, etc, as well as products intended for medical, hygiene and incontinence care (urinals, bedpans, toilet seats, toilet risers, secretion aspirators, nebulisers, etc). Also not subject to exchange are custom-made items or special requests from the customer, as well as items that have been used or tried on, such as stockings, bras, bathing suits, girdles, knee pads, among others, that compromise the product's hygiene conditions.
22.2.3 For a Return by Free Resolution, the item must remain in its original packaging, intact, undamaged and retain all accessories and instructions for use attached to the product.
22.2.4 The return can be made through our physical shop (presenting the invoice and an identification document (Citizen Card), or through the online shop (in the tab for that purpose in the Customer Area, contacting us through the contact form on our Website or even through our email email@example.com). It's important to always attach a copy of the invoice and also photos that prove that the article was not assembled and is intact, as well as its packaging. Viver Melhor has 72 hours to acknowledge receipt of the declaration of resolution on a durable medium. Afterwards, our services will contact you to decide on the procedure to terminate the purchase contract.
22.2.5 In this case of free resolution, the costs of return are always borne by the customer (even if the order may have been made during a free shipping promotion period). In other words, the cost of return will be the equivalent of the shipping costs without any applicable discounts or promotions.
22.2.6 The refund, when applicable in case of free resolution, will be made after validation of the fulfilment of the return conditions described above, with Viver Melhor having a period of up to 14 days to do so, from the moment they receive the returned items. The refund will be made in the same payment method in which the purchase was made (if the client pays by ATM or bank transfer it is necessary that they give their bank details to our customer support when initiating the return process). Please note that the deposit may take a while to be visible on your bank account, depending on the payment method.
22.3 Returns/exchanges due to manufacturing defects:
22.3.1 The Customer has the right to return the delivered products if they are found to be defective or have other non-conformities in relation to the products ordered.
22.3.2 If you receive a defective product or a product with missing parts, please do one of the following: go to our physical shop or contact us through the contact form on our Website or via our email firstname.lastname@example.org within 14 days of receiving the order. In either case, you will have to explain the incident and have your invoice and product reference at hand.
22.3.3 Following your contact, and if your complaint is justified, our services will assess the case and determine whether a replacement product, replacement parts or other solution will be provided.
22.3.4 We point out that it will not be possible to process the return if the damaged product has been totally or partially assembled, altered and/or used, either by the customer or by the person responsible for the assembly. In this case, only missing parts will be replaced or faulty parts will be replaced.
22.3.5. In case Viver Melhor authorises the return of the article, it should be returned in its original packaging and with all existing parts. If the Client uses any other type of packaging that does not guarantee the perfect condition of the product during transportation, our services reserve the right not to effect the return.
22.3.6 In cases where the goods present a manufacturing defect, Viver Melhor will cover the cost of return shipping. The refund, when applicable, will be made after validation of the fulfilment of the return conditions described above, having Viver Melhor a period of up to 14 days to do so, from the moment they receive the returned articles. The reimbursement is made in the same payment method in which the purchase was made (if the client makes the payment by ATM reference it is necessary that he/she gives his/her bank details to our customer support when initiating the return process). Please note that it may take some time before the deposit is visible in your bank account, depending on the payment method.
22.4 Returns/Exchanges for transport damage:
22.4.1 Upon receipt of the product(s), always ensure that the packaging and general condition of the item are in perfect condition. If you notice that the packaging is damaged, you must mandatorily record the evidence found on the transporter's goods receipt document, otherwise Viver Melhor will not accept the complaint a posteriori. It is of utmost importance that you mention any facts in this receipt document, also to safeguard a possible claim, as this is the only way the carrier can activate the transport insurance (CMR).
22.4.2 We emphasize that Viver Melhor and/or partner companies (carriers), do not perform wall fixings/holes, i.e., this responsibility lies with the owners of the property or space, as well as the consequences resulting therefrom.
22.4.3 Should you wish to make a claim for damages to the article caused by the transportation, you have a period of 24 hours from the reception date to do so. After this period, Viver Melhor is not responsible for any damage that may have occurred during transportation.
22.4.4 After evaluating the case, our services will contact you to determine whether there will be a replacement, refund or other solution. The refund, when applicable, will be made after validation of compliance with the conditions described above, with Viver Melhor having a period of up to 14 days to do so, from the moment it receives the returned items. The refund will be made using the same payment method used to make the purchase (if the customer pays by ATM reference it is necessary that the customer gives their bank details to our customer support when initiating the return process). Please note that the deposit may take a while to be visible on your bank account, this fact depends on the payment method.
* The exchange and return policy differs from physical shops. In addition to deferring the return period, in physical shops the return amount is credited to the customer's account, which can be used for a future purchase or be refunded.
23. Conditions applicable to Promotional Codes (discounts)
23.1 When used in accordance with the established rules, a promotional code entitles the User to take advantage of a promotion/discount on the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code/promotional campaign.
23.2 Promotional codes may only be used on online purchases made on the Website. It is not permitted to sell, exchange or give away a promotional code. The customer holding the promotional code may not upload or make available a promotional code on any website or other public form of offer, donation, sale or exchange. The use of promotional codes for commercial purposes is not permitted.
23.3 The promotional code is connected with Viver Melhor. It is not permitted to use the promotional code in connection with another brand, company or name. It is also not permitted to use the promotional code in an illegal, abusive or disrespectful way, as well as in any other way that could damage Viver Melhor's reputation.
23.4 The promotional code may only be used once per order. Promotional codes cannot be combined with any other promotions or special offers.
23.5. Promotional codes are not exchangeable for cash.
23.6. Viver Melhor has no obligation to reissue or refund promotional codes. However, in the event that Viver Melhor decides to re-issue or refund a promotional code, it needs to have access to the initial promotional code. To do so, it is necessary that you keep a copy of your promotional code, otherwise it cannot be re-issued or refunded if lost.
23.7 In cases where Viver Melhor reissues/refunds the promotional code, the discount of that value may only be applied to a purchase of equal or greater value than the purchase in which the discount/promotional code was issued.
23.8 Without prejudice to any other rights, Viver Melhor may have the right to immediately invalidate the promotional code, in case Viver Melhor has reasons to suspect that a promotional code is being used: with violation of the above mentioned assumptions, by usurpation or in other cases in which the company Viver Melhor has reasons to do so.
24. Suggestions and Complaints
24.1 The User can send any suggestion or complaint about Viver Melhor's services to email@example.com.
24.2 Any complaints can also be made in person, in the Complaints Books of the Viver Melhor shop, or through the Electronic Complaints Book.
25. Customer Support
25.1 For additional information, you can contact us through our contact form or you can also do it by phone to the following number 266 734 032. You can also obtain information in the FAQ/Help menu of the Site.
26. 26. Resolution of Disputes
26.1 For any dispute arising from the application of these Terms and Conditions, the consumer may resort to Consumer Alternative Dispute Resolution Entities that settle disputes through mediation, conciliation and arbitration procedures, outside the courts. The customer has at his disposal 26.1.1:
26.1.1. the Lisbon Consumer Conflict Arbitration Centre - http://www.centroarbitragemlisboa.pt/
26.1.2 Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral - http://www.triave.pt/
26.1.3 CIAB - Centro de Informação, Mediação e Arbitragem de Consumo (Consumer Information, Mediation and Arbitration Centre/Consumer Arbitration Court) - http://www.ciab.pt/pt/
26.1.4 CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (National Centre for Information and Arbitration of Consumer Disputes) - http://www.arbitragemdeconsumo.org/
26.1.5 Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra - http://www.centrodearbitragemdecoimbra.com
26.1.6. Algarve Consumer Conflict Information, Mediation and Arbitration Centre - http://www.consumoalgarve.pt 26.1.7.
26.1.7 Oporto Consumer Information and Arbitration Centre - http://www.cicap.pt
26.1.8. European Online Dispute Resolution Platform - https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
VV Melhor, unipessoal lda
Rua de Chartres, nº 7-A
NIF 513 326 502