General Terms and Conditions of Sale

Index

  1. General provisions
  2. Terms and conditions
  3. Legal Notice
  4. Processing of personal data
  5. Register
  6. Order from
  7. Description of products
  8. Availability of products
  9. Price
  10. Payment
  11. Shipments and deliveries
  12. Undeliverable
  13. Loss of order
  14. Returns
  15. Warranty
  16. Resolution
  17. Responsibility
  18. Applicable law and jurisdiction
  19. Arbitration Center

 

  1. General provisions

The present Terms and Conditions regulate all purchases made at the MGWAX online shop, between MGWAX-Transformação de Ceras, LDA., located at Rua Alfredo Gândara, nº 1 A, Outeirinhos, 2430-282 Marinha Grande, NIPC 505585650, which uses the designation MGWAX, hereinafter referred to as “MGWAX” and any natural or legal person with legal capacity, who makes a purchase through the online shop mgwax.pt, hereinafter referred to as “Customer”.

  1. Terms and conditions

The parties agree that the commercial relations that they will establish and that fall under the scope of this contract are governed by the conditions described herein:

  • The making of any purchase on the MGWAX website implies and assumes prior consultation and acceptance of these terms and conditions, as well as the privacy policy;
  • Only Customers aged 18 and over are allowed to purchase;
  • The Customer meets the legal requirements for contracting and that he will use own means of payment;
  • The Customer shall not make fraudulent use of the online shop, contrary to the law or good customs;
  • The goods purchased are not intended for trade or resale.

 

  1. Legal notice

All information published in MGWAX online store will be updated regularly, in order to provide the best service to its customers.

MGWAX declares that all information is in accordance with the Portuguese legislation in force, however it cannot guarantee that the same contents are in accordance with the legislation in force in the Customer’s jurisdiction.

MGWAX reserves the right to make corrections and changes to the MGWAX online shop, as well as to the general terms and conditions of sale without prior notice.

The MGWAX online store is in accordance with international standards of the Internet, so that, if used correctly by the Customer, is protected against the existence of viruses.

MGWAX does not guarantee the possibility of use of all content presented in the MGWAX online store in other countries where it is expressly forbidden to access such content from places where they are illegal.

  1. Processing of personal data

All personal information provided by the Customer when making a registration at Mgwax online store will be treated with full responsibility used only for the conclusion and execution of the contract of sale.

MGWAX assures Customers of the online store that it does not share any personal information with third parties without prior consent.

For more information on the processing of personal data, see the Privacy Policy in the MGWAX online store.

  1. Register

The Customer when registering at the MGWAX online store will provide certain personal data, such as your name, address, etc. For this purpose, the Customer must complete all mandatory fields of the registration form.

The Client will have access to his or her personal data by means of a password and may change it at any time. The Client is not required to register and may cancel the subscription at any time.

  1. Order from

To place an order the Customer may do so with or without registration in the online store MGWAX, being only required to have an email address.

When making the purchase without registration, the Customer knows and accepts that all the functionalities of the purchase with registration may not be available, keeping the functionality of tracking the order.

To order, the Customer should select the desired product, select the quantity and add to the basket.

Confirmation of the order implies that the Customer accepts the present general conditions of sale, as well as the prices presented and the description of the products.

MGWAX will inform the customer of the order processing stages. After confirming the order, the Customer will receive an email with the order details and payment information.

The order confirmation will remain valid for 48h until the execution of the payment from the date of order confirmation. When you make the payment you will be sent a new email with the confirmation of it, as well as when the order is shipped.

It is not possible to change the order once it has been confirmed. If you wish to cancel your order, the Customer should contact MGWAX through the email shoponline@mgwax.pt. The possibility of order cancellation is dependent on the processing status of the order.

MGWAX reserves the right to unilaterally cancel the order whenever it verifies a programming error, or any other error or lapse that does not correspond to the true intention and contractual will of MGWAX and that affects an essential element of the contract, including, but not limited to, the price presented or the availability of the product.

 

  1. Description of products

All products presented in MGWAX online store have descriptions and characteristics so that the Customer has a greater perception about them.

The images included in the MGWAX online store are purely illustrative, and the colors shown in photographs may differ from reality, depending on the type of screen and its calibration, among others.

  1. Availability of products

MGWAX makes every effort to keep your online store updated and ensure availability of your products. If any product is not available at the moment, the online store will provide the Customer with this information, however it is possible that there are operating errors that affect the availability of products.

If the customer places an order for one or more products that are unavailable, MGWAX, undertakes to inform you of the unavailability in the shortest possible time and will present as a solution the replacement, waiting for new product availability, or reimbursement of the unavailable product or products. The refund of the amount of the unavailable product(s) will be made within 30 days of the notice of such unavailability.

 

 

 

 

  1. Price

The selling prices are in euros and include VAT at the legal rate in force in Portugal. To the prices shown add shipping costs, according to the table below or other charges that may eventually add.

Country Weight Shipping Free of charge from
Mainland Portugal – 4,50€ 30€
Portugal Islands 1kg* 15,00€ –
Peninsular Spain – 6,50€ 40€

*After 1Kg, add 5€ for each extra kg

MGWAX reserves the right to change prices without prior notice of any products available for sale, with the exception of orders already confirmed by the Customer that will maintain the price shown at the date of confirmation.

The total price, including shipping, is properly identified and itemized before the final validation of the order.

MGWAX tries to ensure that all prices listed in the MGWAX online store are correct, however errors may occur.

If an order is placed for a product or more products whose price is wrong, MGWAX adopts the following procedures:

1) If the correct price of the product is lower than the price indicated on MGWAX’s online store when the Customer places the order, MGWAX will charge the lower price, shipping the product and refunding the difference to the Customer;

2) If the correct price is higher than the price indicated on MGWAX’s online store when the Customer places the order, MGWAX will, at its sole discretion, choose one of the following options:

2.a) Contact the Customer and ascertain their interest in maintaining the order at the correct price; or

2.b) Cancel the order, informing the Customer of this by email and refund the amount paid.

 

  1. Payment

 

The payment of the order can be made through the methods presented and described in the online store, before confirming the order, the Customer may choose the method of your choice within the options presented.

If payment is not made within the period shown, the order will be cancelled.

Orders will only be processed after payment confirmation, so the start of processing may be conditioned by the payment method chosen by the Customer, situation for which MGWAX is not responsible.

MGWAX will not store any card numbers, nor any type of information obtained and related to the act of payment.

 

  1. Shipments and deliveries

MGWAX makes deliveries to Portugal mainland and islands, as well as to Peninsular Spain.

Orders will only be processed by the services from Monday to Friday, even if the order was confirmed over the weekend. Normal shipping time is 5 working days (after order payment confirmation).

The order will be delivered to the address indicated by the Customer, which cannot be changed from the moment the order is shipped.

The estimated transit time for the delivery of the order is:

Country Estimated transit time
Mainland Portugal 48H
Portugal Islands (Azores and Madeira) 5 days
Peninsular Spain 72H

This timeframe is estimated and may be subject to possible carrier delays.

The processing times, shipping and delivery of orders may change in special situations such as holiday periods, exceptional periods of work, holidays and festive seasons, among others.

  1. Undeliverable

Orders that are not delivered due to the Customer’s fault, including errors in the indication of the delivery address or any other causes that make it impossible to deliver the order to the indicated address, will be returned to MGWAX.

If the Customer, or someone on their behalf, is not at the place of delivery on the agreed date, they will be contacted to reschedule delivery.

If after successive attempts, it is not possible to proceed with the delivery of the order, the Customer may be charged the costs related to the storage of the products and their final delivery, subject to the rules of the carrier company.

MGWAX reserves the right to cancel the order without refund after exhausting all options available to the customer to receive the order.

 

  1. Loss of order

If the order is not received within the period indicated by the shipping entity, the Customer will be requested the necessary documentation to proceed with a complaint process. MGWAX will await completion of the carrier investigation before refunding or reshipping.

  1. Exchanges and returns

No exchanges are allowed.

The information described here concerns the return (without replacement) of a product purchased in the MGWAX online store.

The Customer has a period of 14 days to return products that have a manufacturing defect.

To start the return process, you should send an email to shoponline@mgwax.pt, mentioning the order number in the subject of the email.

Afterwards, we will send you a detailed email with the steps to follow.

If the complaint is accepted, the Customer will be refunded the full value of the returned products and the respective shipping costs. Only items that are in their original packaging and have not been used will be accepted.

  1. Warranty

MGWAX guarantees the authenticity of products sold as well as compliance with the terms of the law.

  1. Resolution

The Customer has the right to freely terminate this contract within 14 calendar days, without the need to state any reason, pursuant to art. 10 of Decree-Law no. 24/2014, of 14 February, as amended by Law no. 47/2014, of 28 July.

The period for exercising the right of free withdrawal shall expire 14 days from the day following the day on which the Customer or a third party indicated by him, other than the carrier, acquires physical possession of the goods.

In order to exercise the right of free termination, the Client must notify MGWAX of the decision to terminate the contract via the email address
shoponline@mgwax.pt
. In this notification the Customer must refer the order and invoice number and the reference(s) of the products he/she wishes to return.

MGWAX shall reply, also by email, with acknowledgement of receipt of the notice of withdrawal.

In case of termination of this contract, all payments made, excluding the costs of delivery of the purchase, will be reimbursed without undue delay and in any case not later than 14 days from the date MGWAX is informed of its decision to terminate this contract. MGWAX makes refunds using the same means of payment that the Client used for the initial transaction, unless expressly agreed otherwise; in any case, the Client does not incur any costs as a consequence of such refund.

Transport costs for the return of the goods shall be borne by the Customer.

MGWAX will withhold the refund until it has received the returned goods and analyzed the condition in which it was received.

The Customer must return the goods to MGWAX headquarters without undue delay and no later than 14 days from the day on which you inform us of the free termination of the contract. The deadline is met if you return the goods before the expiry of the 14-day period.

The return of the products must be made in the original packaging, accompanied by the original invoice.

The Customer has the duty to preserve the goods in order to be able to return them in proper conditions of use to MGWAX.

The right of free resolution cannot be exercised by the Customer when goods and services defined in art. 17 of DL no. 24/2014, of 14 February are concerned, such as goods made according to consumer specifications or clearly personalized and sealed goods not susceptible of return.

 

  1. Responsibility

The use of the site is susceptible to interruptions and other interference which are not under the control of MGWAX that can not be held responsible for the consequences thereof.

The Customer is aware that the circulation of data on a network is susceptible to intrusions that MGWAX may not be able to control, regardless of the efforts it makes to ensure their protection, so it can not be held liable for damages and losses arising from these actions of third parties.

MGWAX will make every effort to ensure that you receive your order on time. However, the Company shall not be held liable for delays resulting from Customer errors in the transmitted data or their insufficiency, nor for defaults resulting from the action of third parties or unforeseeable situations and force majeure, for example, but not only, reasons related to the carrier.

The products sold by MGWAX are described as accurately as possible. MGWAX is not responsible for the Customer’s expectations that are not based on the product description.

MGWAX shall also not be held liable for damages arising from misuse of the product.

  1. Applicable law and jurisdiction

This contract and any type of dispute arising from its interpretation or application shall be governed by Portuguese law. For the resolution of any dispute arising from this contract, the parties submit to the exclusive jurisdiction of the court of Leiria.

19. Arbitration Centre

In compliance with the provisions of art. 18 of law no. 144/2015 of 8th September, we inform you that in the event of a dispute, you may contact the following Alternative Dispute Resolution (ADR) Consumer Entities:

CNIACC – National Centre for Information and Arbitration of Consumer Conflicts

Address: Nova University Law School, Campolide Campus, 1099-032 Lisbon

Telephone: 21.384 74 84 / 91.922 55 40
Fax: 21.384 42 01
Email: cniacc@fd.unl.pt
Website: www.arbitragemdeconsumo.org