Information prior to the contractual process

This website http://gioconnda.com/ is owned by DESPERTANÍVEL LDA with Tax Identification Number 515476153 and registered address at AV. INFANTE D.HENRIQUE Nº100, 3450-202, MORTÁGUA.

These General Terms of Contracting regulate the distance sale relationship between DESPERTANÍVEL LDA and the user or customer, in accordance with current legal provisions, in particular, Law 7/1998, of 13 April, concerning General Terms of Contracting, Law 3/2014, of 27 March, amending the revised text of the General Law for the Protection of Consumers and Users, Basic Law 3/2018, of 5 December, concerning the Protection of Personal Data and Guaranteeing Digital Rights, the General Data Protection Regulation (EU) 2016/679, Law 7/1996, of 15 January, concerning the Regulation of Retail Trade, and Law 34/2002, of 11 July, concerning Information Society and Electronic Commerce Services.

DESPERTANÍVEL LDA reserves the right to make the modifications it considers appropriate, without prior notice, to these General Terms. These modifications may be made, through its websites, using any method permitted by Law, and will be enforceable during the time they are published on the website, until they are validly modified by other subsequent modifications. However, DESPERTANÍVEL LDA reserves the right to apply, in certain cases, certain Special Terms of Contracting in preference to these General Terms when it considers this appropriate, giving due notice thereof in proper form.

The website’s purpose is Marketing of clothing and accessories.

The contract’s duration will be linked to delivery of the product, without prejudice to the right of withdrawal.

As user or customer, you expressly declare that you know, understand and accept the terms of use and these general terms of contracting. Furthermore, you declare that you are of legal age and have the legal capacity to act required to access DESPERTANÍVEL LDA’s websites and contract through said websites.

The European Commission provides an online dispute resolution platform, that is available at the following link:

https://ec.europa.eu/consumers/odr/

If you wish to purchase our products, you can go to the appropriate section of our online store.

You can register as user of the website in order to make the purchase online in the appropriate section of the website. Pursuant to current applicable legislation on data protection, DESPERTANÍVEL LDA informs you that the personal data collected during the registration process and subsequent purchase will be included in the processing system owned by DESPERTANÍVEL LDA, with the purpose of processing your actions and managing subsequent actions derived therefrom.

Your data will be kept for the time strictly necessary to fulfil the above purpose, unless other storage periods are legally required.

We inform you that the legal basis for processing your data is the correct performance of the contract between the parties and your consent.

In accordance with the rights conferred by current data protection legislation, you may exercise the rights of access, rectification, restriction of processing, erasure, portability and objection to processing of your personal data, and also withdraw your consent to such processing, sending your request to the postal address given above or the e-mail address [email protected]. You may also contact the appropriate Supervisory Authority to lodge any complaint you consider appropriate.

During the purchase process, you should identify yourself with your user name and password. These data will not be made public. You are responsible for treating confidentially and responsibly the identity and password acquired during registration as a customer and you may not disclose them to other users. You can change the information registered on the website at any time, in your customer area. In this same section, you will have access to a history of your orders. This is only a consultation section. However, certain procedures are allowed, such as deleting those records that you no longer consider necessary to view.

Upon completing the purchase process, you will receive confirmation of the purchase by e-mail. You must give a valid e-mail address during the purchase process. If you do not receive confirmation within 24 hours after completing your order, please contact DESPERTANÍVEL LDA by e-mail at [email protected].

All of the website’s contents is in English and Portuguese.

When you receive the product at the delivery address you have given, it will also include an invoice or a copy of the order.

Offer and validity

In the case of a product on offer, the offer’s price and validity will always be stated together with its basic features.

In compliance with current regulations, DESPERTANÍVEL LDA provides information on all the items for sale, including their features and prices. However, DESPERTANÍVEL LDA reserves the right to withdraw, replace or change the products offered through its website, by simply changing the website’s content. Thus, the products offered at any time by the website will be governed by the General Terms of Contracting in force in each case. Furthermore, the company will have the power to cease offering access to the products mentioned, at any time and without prior notice.

Basic features of the products

The products offered in our online store include a photograph and the products’ basic features, which is the information provided by the manufacturer. The product’s colour, as shown in the photograph, is not binding. The product’s colour is identified in its features.

Warranties

All products offered on the website are covered by the supplier’s sales warranty. DESPERTANÍVEL LDA offers an after-sale service that customers can use during the warranty period by contacting contact DESPERTANÍVEL LDA’s establishment, the after-sales, by e-mail sent to [email protected], or at the points established by the supplier.

Prices

All of the products show the selling price in Euros and include Value Added Tax (VAT).

If any other tax should be applicable, this will also be shown (IGIC [General Indirect Tax for the Canary Islands] or IPSI [Tax on Production, Services and Imports for Ceuta and Melilla]).

Delivery and carriage costs

DESPERTANÍVEL LDA only makes shipments in charging an amount of € 0 in Portugal, € 10 in Europe and for International destinations € 20for shipping costs.

For orders over € 100, shipping will be free in europe and for orders over €200, shipping will be free internationally.

Forms of payment

You can pay for your order in any of the following ways. You must indicate which one you choose during the purchase process:

– VISA or MASTERCARD credit card

All operations involving the transmission of personal or banking data are carried out using a secure environment in a server based on the standard security technology SSL (Secure Sockets Layer). All of the information you send us is encrypted for transit through the Web.

Furthermore, your credit card information is entered directly into the bank’s website, at the bank’s POS (Point of Sale Terminal) and is not entered or recorded in any DESPERTANÍVEL LDA server.

Furthermore, your credit card information is entered directly into the bank’s website, at the Virtual POS (Stripe), and is not entered or recorded in any DESPERTANÍVEL LDA server. When you pay, you will be connected directly to the Stripe electronic payment platform https://sis.redsys.es/sis/realizarPago.

You will find more information at the following link: http://www.redsys.com/

Furthermore, your credit card information is entered directly into the bank’s website, at the Virtual POS (Stripe), and is not entered or recorded in any DESPERTANÍVEL LDA server. When you pay, you will be connected directly to the Stripe electronic payment platform.

You will find more information at the following link: www.stripe.com/payments

When paying by VISA or MASTERCARD, you will always be asked for the following information: the card number, the expiry date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD, which provides an additional guarantee for the transaction’s security.

This form of payment is only valid on the website.

When the amount of a purchase has been charged fraudulently or improperly by using a payment card number, the cardholder can demand immediate cancellation of the charge. In such cases, the corresponding debit and credit entries in the supplier’s and cardholder’s accounts will be made as soon as possible.

However, if the purchase was actually made by the cardholder and the demand for a refund was not a consequence of having exercised the right of withdrawal and, therefore, the cardholder had unduly demanded cancellation of the charge, the cardholder will be liable to DESPERTANÍVEL LDA for compensation for damages caused as a result of the cancellation.

Any exchange fees and bank charges are to be paid by the customer. – Direct debit

If you are already a customer and this is not your first purchase, you can select this payment option and DESPERTANÍVEL LDA will charge the amount to the account number that you have provided for this purpose.

– PayPal

This a safe, easy-to-use service for making payments over the Internet. The PayPal network uses the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. PayPal offers a service specially designed for those who are not satisfied with traditional payment mechanisms.

More information at PayPal. .http://www.paypal.com./ 

This is a quick, easy service where you can send and receive money through your bank’s app. The money arrives at our account immediately and securely.

DESPERTANÍVEL LDA undertakes to deliver the order in approximately:

– 48 – 72 hours in Portugal

– 6 days in Europe (aprox.)

– 10 days (aprox. ) for international destinations.

Availability of the products offered by DESPERTANÍVEL LDA may vary depending on customer demand. Although DESPERTANÍVEL LDA updates the stock periodically, the product requested by the customer may be out of stock at that time. Should it not be possible to supply the product due to unavailability, DESPERTANÍVEL LDA will notify the customer by e-mail as soon as it becomes aware of this situation. In no case will the period for sending this notice exceed a maximum of 30 days. DESPERTANÍVEL LDA may offer two options: supply a product having similar features or higher quality to the customer at the same price or, saving justified reasons that can be proven by DESPERTANÍVEL LDA, refund the amounts paid for the cancelled order within the same period.

Returns

The customer must return or deliver the product directly to DESPERTANÍVEL LDA sending us an email first: [email protected] , and in any case within a maximum period of thirty calendar days counting from the date of purchase. The period for making returns will be considered fulfilled if the customer returns the product before expiry of the period.

The customer will cover the costs of the return.

Refund of payment

The amounts paid by the customer will be refunded using the same form of payment used by the customer, unless it has been provided otherwise.

DESPERTANÍVEL LDA will refund the amounts paid by the customer within 30 calendar days from the date of receipt of the right of withdrawal.

Return of faulty products

If the product is not in good condition for reasons not attributable to the customer, the customer will be entitled to return the product, notifying DESPERTANÍVEL LDA of the reason for the return by any of the means provided in these terms of contracting, at no cost for the customer. Returns made because of faulty or spoiled products will not be considered an exercise of the right of withdrawal.

DESPERTANÍVEL LDA undertakes to pay the cost of the return and to replace the product with a new one in accordance with the terms accepted at the time of sale.

If the customer wishes to file a complaint, the customer can send it to [email protected]

Jurisdiction

Furthermore, DESPERTANÍVEL LDA reserves the right to bring any civil or criminal actions that it deems appropriate for improper use of its website and content, or for non-fulfilment of these terms.

The relationship between user and provider will be governed by the regulations in force and applicable in Portugal. In the event of any disagreement between the parties, they may submit their conflicts for arbitration or take them to the ordinary courts, in accordance with the applicable rules concerning jurisdiction. DESPERTANÍVEL LDA is located in Viseu, Portugal.

Applicable law and jurisdiction

This Legal Notice is governed by portuguese law. Therefore, in the event of dispute regarding the interpretation of the terms and conditions contained herein and any other question related to the products and services provided on the Website shall be resolved in accordance with the applicable portuguese legislation.

Resolution of online litigation in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/

In the event of any dispute arising from use of the services provided on this Website, the parties, expressly waiving any other jurisdiction to which they may otherwise be entitled, agree to submit to the law courts of the user’s domicile provided it is located in portuguese territory.

SMS Marketing

By accepting SMS marketing from DESPERTANÍVEL LDA at checkout and initializing a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned payment reminders), text marketing offers and transactional text messages, including our review requests, even if your cell phone number is registered on any do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.
If at any time you decide to stop receiving text marketing messages and notifications, simply follow the unsubscribe link provided in any of our SMS messages. Other alternative methods of unsubscribing, such as using alternative applications, will not be considered a reasonable way to unsubscribe. We do not charge for the service, but you are responsible for all charges and fees associated with text messages that your wireless carrier may apply, including message and data rates.
If you have any questions, you may contact us at [email protected] for more information.

We value your privacy and the information you consent to share in connection with our SMS marketing service. We use this information to send you text notifications (about your order, including abandoned cart reminders), text marketing offers and transactional messages, including review requests from us. Consent and opt-in data will not be shared with third parties, except with our messaging partners, for the purpose of enabling and operating our text messaging program.

Our website uses cookies to keep track of the items you add to your shopping cart, even when you have abandoned the checkout process. This information is used to determine when to send SMS cart reminder messages.