This document regulates the terms and conditions of use of this website and the agreement that is established between ViverMelhor / Seller / us / ours) and You (user).
These Terms enshrine the rights and obligations of all users and the ViverMelhor regarding the goods / services made available on this website or any other website for which there is a hyperlink (Services ViverMelhor).
Before pressing the "CONFIRM ORDER" button at the end of the ordering operation, you should read these Terms carefully. If you do not agree with these Terms in their entirety, you must refrain from placing any order. These Terms are liable to be changed by ViverMelhor, so you should read them before placing any order. If you have any questions about these Terms, please contact us using our website or through our electronic form. Our company operates under the brand ViverMelhor is a Portuguese company, registered under No. 227982673 with headquarters in our address. Our tax number is PT 227982673.
2. Uso deste Site
These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in the case of express agreement by the Seller, previously given in writing.
These Terms are important to both parties, as they aim to protect the user's rights, as a customer, as well as our rights as a Seller and are intended to establish a legally valid agreement between the parties.
When placing an order, the user confirms that he has read these Terms, which he accepts without any reservation. The user accepts that:
- You can only use this website to make legitimate inquiries or orders.
- You will not place orders of a speculative, false or fraudulent nature. If we have reasonable reason to believe that a particular order is of that nature, we reserve the right to cancel it and to inform the competent authorities.
- You will be obliged to indicate an email address, postal address, or the data relating to another form of contact, which are correct and complete and you accept that the Seller can contact you using these data, if deemed necessary.
- If you do not provide the Seller with all the information he deems necessary, it may not be possible to complete your order.
- When placing an order through this website, the user declares that he is over 18 years of age and that he has the legal capacity to enter into contracts.
3. Contract Formation
The information contained in these Terms does not constitute a sale proposal, but merely an invitation to trade. No contract with respect to the mentioned products will be established between the Seller and the user without the order having been accepted by the first (regardless of whether a debit has been made to the user's account or not).
If the order is not accepted after any debit has been made to the user's account, the respective amount will be refunded in full.
To place an order you must follow the online purchase process and press the "CONFIRM ORDER" key.
You will then receive an email confirming that your order has been received by the Seller (the "Order Confirmation"). You should be aware that this does not mean that your order has been accepted. The order constitutes only a proposal to purchase one or more of our products.
Any order is subject to the respective acceptance by the Seller, which will always be confirmed by sending an email notifying the shipment of the product (s) - Shipping Confirmation.
The purchase and sale contract between Seller and user (Contract) will only be formalized with the communication of the Shipping Confirmation. The Contract will only concern the products mentioned in the Shipping Confirmation. The Seller will not be obliged to supply any other products that may be included in the order, until the shipment of them has been the subject of another Shipment confirmation. The elements and information transmitted by the User will enjoy full legal effects, the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
4. Product Availability
Any order of products is subject to their availability and, in this regard, in the event of non-existence or difficulty of supply, the Seller reserves the right to inform the user about the existence of alternative products, of equal or superior quality and value , which he can order.
In case the user is not interested in ordering alternative products, any sums paid by him will be refunded.
5. Order Refusal
- The Seller will not be responsible, before the user or any third party, for the removal of any product that appears on this website, for the alteration or elimination of any materials or contents of this website, nor for the refusal to complete the processing or to accept any order that has been object of sending an Order Confirmation.
6. Right of Free Resolution by the user - "Cooling OFF"
The user who contracts as a consumer may freely terminate the Contract within 15 days from the date of delivery of the products. In this case, the user will be refunded for the full price paid for the products, in accordance with the terms of the Return Conditions (see clause 12 below).
- Please see in the Return Conditions how to return products. The right to terminate the Contract will only take place if the products are returned in the same state in which they were received by the user. The customer is responsible for accommodating the items in a packaging that protects them during transport. It must return it with all instructions, documents and packaging materials. Any damaged product, which is not in the same condition in which it was received by the user, or which has signs of use beyond the mere opening of the respective packaging will not be refunded.
- Please take care when handling the product (s) while they are in your possession and keep the original boxes, instructions, documents and other packaging materials in your possession. , for later return and collection of products. More detailed information about the right to terminate the contract and the explanations regarding the respective exercise are the subject of clause 12 of these Terms. This provision is without prejudice to any rights resulting from the law.
On condition that they are available (see clause 4 above), the Seller will make the best efforts so that, except in the event of exceptional circumstances, the products included in a Shipping Confirmation are delivered to the user on the date indicated therein, or not with date indication, within 15 days from the date of the Order Receipt Confirmation.
- Specialized products;
- Unforeseen circumstances;
- Delivery area
If, for any reason, the Seller is unable to deliver on the scheduled date, the user will have the option to maintain the order by extending the delivery term or canceling it against full refund. The user should take into account that, in any case, the Seller does not deliver on Saturdays or Sundays. For the purposes of these Terms, a "delivery" is considered to be made or a product is considered "delivered" with the signature of the delivery receipt at the agreed address.
8.Impossibility of Delivery
If the Seller is unable to deliver after 1 attempt, he will endeavor to find a safe place to drop off the ordered product. A note will be left explaining where the product is and how the respective order can be collected.
In case of delivery at pick up points the order will remain at these points for 10 days, after this period the order will be returned to ViverMelhor, which will try to contact the buyer. The buyer will be responsible for the costs of this new shipment.
9. Risks and Ownership
From the moment of delivery, the risks related to the product supplied will be borne by the user.
Ownership of the supplied products will only be transferred to the user when the Seller has received full payment of the amounts due for the supply of the product, including delivery charges, or after delivery, whichever is the last.
10. Preço e Pagamento
Except in the event of an evident error, the price of the products will be what is indicated at all times on our website. Although the Seller seeks to ensure that all prices indicated on the website are correct, errors may occur. If the Seller finds that the price of a product in an order is wrong, he will inform the user as soon as possible, giving him the choice between reconfirming the order at the correct price or proceeding with its cancellation. If it is impossible to contact the user, the order will be canceled and the user will be fully refunded the price of the products, if he has already paid for them.
- The Seller will have no obligation to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been issued, if the error is notorious, unambiguous and should have been identified by the user in reasonable circumstances.
- The prices indicated on this website have VAT included (when applicable), but do not contain delivery costs, which will be added to the final price.
- We reserve the right to refuse orders of large size or value. All prices and quantities available are subject to change at any time but, except as noted above, this change will not affect orders for which a Shipping Confirmation has already been issued.
- When the user has finished their purchases, all the products they want to purchase will be inserted in their basket and the next step will be the process of registering the exit and making the payment.
For this purpose, you should:
Press the VIEW CART key at the top of the page.
- Press the GO TO CHECKOUT key.
- Fill out or confirm the data related to your contacts, your order, billing address, shipping address, transport and payment method.
- Press the CONFIRM ORDER key
- Proceed to payment
You will be able to pay with Visa, Maestro, American Express and Discover cards, through ATM reference, through a bank slip in Brazil, through Payshop, through a Paypal account. Seller uses PayPal Business Services and EuPago to process all of its payments. Check the companies' websites to learn more about the services: https://www.eupago.pt/ || https://www.paypal.com. ORDER. By making the payment the user is confirming that he is the holder of the card or the PayPal account. The authorized amount will be debited at that time.
Credit cards are subject to validation and authorization verification by the issuing entities, but if the card issuer does not authorize payment, the Seller will not be held responsible for any delay or non-delivery and may not enter into the Contract with the user.
11. Value-added tax
According to the rules and regulations in force, purchases made through this website are where applicable, subject to Value Added Tax (VAT).
- Sales prices to the public, whether for an individual customer or a company, include where applicable Value Added Tax (VAT).
12. Condições de Devoluções
General rule for return
If the user wants to return a product, he must do so by entering his customer area and selecting the order containing the item and indicating that he wants to return it and for what reason. You must also indicate the desired refund method, whether a ViverMelhor shopping voucher or the refund of the amount (in this case you must indicate the NIB or IBAN). You must also indicate the day on which you want the return collection to be made (at least 24 hours after you have indicated that you want to make the return. Returns will only be made on business days).
The cost of this return will be withdrawn at the amount to be refunded (€ 4 for mainland Portugal and islands, € 5 for Spain). If applicable, the cost of shipping will not be refunded. If you choose to receive the value of the item through the ViverMelhor shopping voucher, these return costs will not be withdrawn on the first return of the same order.
If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
If the order was placed as a guest, this procedure must be carried out using the link sent to you by email.
The user must return the product in the same package used in the first delivery. Whenever possible, the user must accompany the product to be returned from all original boxes, instructions / documents and packaging materials. The Seller will inspect the returned product. Any product that has been damaged, that is not in the same condition in which the user received it or that shows signs of use other than simply opening the package, does not give the right to a refund.
Return by withdrawal
The User has up to 15 days after the date of delivery of the products to return them, without any justification being required (except in the case of products made to your specification or customized).
Devolução de produtos defeituosos
- If the user understands that the product supplied, at the time of delivery, does not comply with the provisions of the Contract, he must access his client area, select the order containing the item and indicate the item to be returned and the respective cause. The supplier will schedule a return and inform the day on which it will be made. The Seller will inspect the returned product and inform the user of the right to its replacement or refund (if applicable), via email, within a reasonable time.
- The Seller, as a rule, proceeds to refund or replacement as soon as possible and, in any case, within 30 days from the date of confirmation via email that the user is entitled to a refund or replacement of the defective product. Products returned by the user for defective reasons, if confirmed, will be refunded for the full amount paid. The refund of any amount paid will always be made via the payment method used to purchase the product.
Advice for a mor effective servic
- Items must be returned within 15 days, in perfect condition.
- They must be returned in the clear plastic packaging (do not separate the lots or parts)
- Returned items must be accompanied by a duplicate invoice receipt which must always be sent in the packaging.
REFUNDS BY BANK TRANSFER
The refund will be made through the same payment method with which the purchase was made. In the case of payments made by Multibanco, Payshop or Payment by Collection, we will request the IBAN of the bank account to which the customer wishes to receive the refund. If the IBAN is not provided, the refund will be made automatically through a Shopping Voucher, which can be used for a next purchase at the ViverMelhor Online store.
ViverMelhor will reimburse the customer for the corresponding amount, within 14 calendar days of notification of the customer's intention to return. Nevertheless, ViverMelhor reserves the right to withhold the refund until the arrival of the items in the same conditions and without showing signs of use.
These provisions are without prejudice to any rights of the user, which result directly from the law.
14. Liability and Exclusions
Seller's liability for any product purchased through this website is limited solely to the respective purchase price.
Nothing in these Terms has the effect of excluding or limiting Seller's liability:
- For death or personal injury caused by your negligence;
- For fraud or fraudulent misinformation;
- Regarding any matter in which the exclusion or limitation, or the attempt to exclude or limit Seller's liability is illegal.
Without prejudice to the provisions of the preceding paragraph, the Seller, to the maximum extent permitted by law and unless otherwise stated in these Terms, rejects any liability for losses or indirect damages, which occur as a consequence of the main losses or damages , even if they originated by the practice of unlawful, contractual or extra-contractual, including mere negligence, whether or not it was foreseeable, for example by way of:
- loss of business;
- loss of income or income;
- loss of results or contracts;
- loss of profits;
- loss of data;
- management time and hours of activity.
Due to the open network nature of this website and the possibility of errors in the storage and transmission of digital information, the Seller does not guarantee the accuracy and security of the information transmitted or obtained through it, except when expressly stated otherwise.
All product descriptions, information and materials on this website are made available in their precise terms ("as is") and without any warranty of express, implicit or consequent compliance for any reason.
To the maximum extent permitted by law, the Seller does not assume any type of guarantee, without, however, this implying the exclusion of liability that cannot be legally removed within the scope of consumer rights.
Nothing contained in this clause prejudices the user's legal rights as a consumer, nor does it affect his right to terminate the Contract.
15. Intellectual property
The Store is a registered website and the Service provided by the website itself is the responsibility of our company.
The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, therefore any use of such content may only occur under the express authorization of the respective owners.
The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission or placement publicly available such content or any other unauthorized acts which have the same content as their object.
This does not prevent the user from using this website to obtain a copy of an order or the terms of the Contract.
16. Written Communications
The applicable law requires that some of the information or communications that the Seller sends to users must be in writing. By making use of this website the user accepts that the communication between him and the Seller revises mainly the electronic form. The Seller will contact the user by email or provide information by entering notices on this website.
For contractual purposes, the user accepts this means of communication electronically and acknowledges that any contracts, notices, information and other communications that the Seller transmits to him electronically satisfy the legal requirement that such communications be made in writing.
This provision does not prejudice any rights of the user, which result directly from the law.
All communications from the user to the Seller must be sent using an electronic form. Without prejudice to the provisions of clause 16, the Seller may communicate with the user either by email or by post to the address on the order.
Any communication will be taken for granted the moment it is entered on the website, 24 hours after sending an email, or on the third day following the date of its sending by post. For proof of sending a communication, in the case of a postal item, it is sufficient to prove that the respective letter was addressed correctly, sealed and delivered to the post office and, in the case of sending by email, that the same email was sent to the address email address specified by the user.
18. Transfer of Rights and Obligations
The Agreement between the Seller and the user is binding on the parties and their successors and assigns. The user may not transfer, assign or encumber his contractual position, or by any other means have the Contract or any rights or obligations arising therefrom, without the prior written consent of the Seller.
- The Seller may transfer, assign or encumber its contractual position, sub-contract or by any other means dispose of the Contract or any rights or obligations arising therefrom, at any time during its term. However, any transfer, assignment or encumbrance of such position, or act of contract provision, may have the effect of limiting the user's legal rights as a consumer or reduce, or limit in any way, any guarantee provided by the Seller to the user of express or implied.
19. Events outside Seller Control
The Seller will not be responsible for non-compliance, or delays in the performance, of any obligation arising from the Contract that is due to an event beyond its reasonable control ("Force Majeure Event").
A Force Majeure Event comprises any event, act or omission, outside Seller's reasonable control and includes, in particular (but not exclusively), the following:
- Strikes, lock-outs and other labor actions
- Civilian uprisings, turmoil, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
- Impossibility of using railways, sea, air, road or other public or private means of transport.
- Impossibility of using public or private telecommunications networks.
- Government laws, decrees, regulations or restrictions.
- Any strikes, interruptions or accidents affecting relevant postal or transport services.
Seller's obligation to comply with any Contract will be suspended for the duration of a Force Majeure Event and will give rise to an extension of the respective term equivalent to that duration. The Seller will make reasonable efforts to end a Force Majeure Event, or to find a solution that will enable it to fulfill its contractual obligations despite the existence of a Force Majeure Event.
The Seller will not be responsible for non-compliance, or delays in the performance, of any obligation arising from the Contract that is due to an event beyond its reasonable control ("Force Majeure Event"). If the Seller, at any time during the term of the Agreement, refrains from demanding strict compliance with any obligation that the user derives from the Contract or these Terms, or from exercising any right or power therein provided to put an end to such breach, this will not constitute a waiver of those rights and powers and will not exempt the user from fulfilling his obligations.
The resignation of the Seller to the exercise of any right or power, in the event of a particular situation of non-compliance by the user does not mean waiver of rights or powers in the event of a subsequent situation of non-compliance. Seller's waiver of any rights resulting from the Agreement or these Terms will only be effective if it is in a written communication sent to the user in the manner provided for in the Communications clause, where the expressly declares that he waives.
The declaration of invalidity, illegality or ineffectiveness, by the competent authority, of any of the provisions of these Terms & Conditions will not affect any of the remaining provisions, which will continue in full force.
22. Full Agreement
These Terms and any document referred to therein constitute the entire agreement established between the parties regarding the formation of a Contract and prevail over any previous agreement, understanding or combination, in written or oral form.
Both parties acknowledge that, when entering into the Agreement, neither of them based their motivation on a declaration, commitment or promise made by the other, or that it could be considered implicit in something that had been said or written in negotiations between the parties at the time prior to the execution of the Agreement, unless otherwise stated in these Terms. Neither party may take advantage of the fact that the other has produced an untrue statement, either orally or in writing, prior to the conclusion of a Contract (except when such statement has been made with fraud) and can only rely on the rules of non-compliance contractual obligations resulting from these Terms.
23.Seller Changing Terms of Service
Seller has the right to change these Terms of Service at any time. The user is subject to the principles and terms in force on the date of his order, unless the law or the competent authority imposes any changes to them (and such changes are applicable to orders already placed).
24. Applicable Law and Venue
Contracts for the purchase and sale of products through this website are regulated by Portuguese law. Any dispute arising out of or related to these Contracts is subject to the non-exclusive jurisdiction of the Portuguese courts. The provisions of this clause do not prevail over any legal rights of the user as a consumer.
The Seller appreciates the comments and opinions of the users. Please send them via our electronic form.
26. Consumer Conflict Arbitration Centers
Centro de Arbitragem de Conflitos de Consumo de Lisboa http://www.centroarbitragemlisboa.pt/
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral http://www.triave.pt/
CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) http://www.ciab.pt/pt//a>
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo http://www.arbitragemdeconsumo.org/
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra http://www.centrodearbitragemdecoimbra.com
Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve http://www.consumoalgarve.p
Centro de Informação de Consumo e Arbitragem do Porto http://www.cicap.pt
European Online Dispute Resolution Platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguag
27. Online Complaints Book
You can use the Online Complaints Book through the following link:
28. Coupons & Coupons
Vouchers and discount coupons issued in physical stores are not applicable in the online store. In turn, Vouchers or Clearing Coupons and Vouchers or Coupons originating from returns are not applicable in physical stores.
29. Footwear pictogram