General Terms and conditions

Introduction

This website (wwww.haggua.pt) belongs to Haggua White Internacional, Unipessoal Lda., registered at the Lisbon Commercial Registry Office with the single registration and legal entity number 514448121, located at Travessa da Pereira, nº 16, 12 C, 1170-357 Lisbon.

By using this web page, you are accepting these terms and conditions in full and you are legally bound to them, so we ask you to read them carefully, as well as our privacy policy.

These general terms and conditions establish the conditions that determine the use of this web page and are applicable to all contracts that you enter into with Haggua through its online store.

By using this website or making a purchase through it, you must be aware that you must comply with these conditions and the applicable privacy policy. So, if you do not agree with them, you should not use this web page.

Haggua's offer is exclusively for consumers. A consumer is any natural person who enters into a business transaction for purposes that are not professional nor can be attributed to his independent professional activity.

Conditions of access and use

1) To order on the Haggua website, the User may choose to register as User ("Registered User"), and for this purpose, create a password to access it, or make purchases without registration ("Guest User"), just by having an email account.

2) It is also necessary that the user's browser is configured to accept cookies and pop-ups in order to allow the best conditions of navigability of the online store.

3) Thus, in order to purchase Haggua products, the user must provide the following personal information (please consult the Privacy Policy):

  1. Name (first and surname);

  2. Telephone;

  3. Address;

  4. Taxpayer number;

  5. Email;

  6. Password to access the reserved User area (for Registered Users);

  7. Credit card data and others payment methods.

4) The User must be at least 16 years old to be able to make purchases on Haggua's website and must have legal capacity to enter into contracts.

5) Haggua only authorizes one account per User, unless expressly stated otherwise.

6) The User guarantees the veracity, completeness and timeliness of the information that he submits. If the submitted information proves to be false, incomplete or out of date, Haggua may prevent the user from having access to the web page.

7) You are responsible for all activity in your account and, where applicable, you agree to always maintain the security and confidentiality of the username and password of the account.

8) The User declares that he will immediately notify Haggua (geral@haggua.pt) if he is aware of any unauthorized use or any other security breach related to his account.

9) The User agrees that all activities that occur through his account (including, without limitation, selecting any product, clicking to accept any additional terms or rules, subscribing or making any payment for any service or purchase of products, among others) will be deemed as authorized.

10) Commercial resale is expressly prohibited.

Contract conclusion

You can place Haggua products in the shopping cart without commitment, and at any time change the products added before sending your final binding order.

The online purchase procedure will be considered complete when the customer accepts the purchase of the products contained in the shopping cart by clicking the Finalize the Purchase button.

You should then proceed to choose the payment method, with the possibility of reviewing the ordered products before doing so. The order is confirmed by selecting the "confirm order" button at the end of the purchase process. In doing so, you will be presented with a message such as the order number and its details, and the purchase agreement with Haggua is entered into.

The confirmation of the receipt of your order will be made by email immediately after the order is sent. You will also receive an email with the order confirmation.

Haggua recommends that you print or download any of the emails received for future reference.

The language available for signing the contract is Portuguese.

Upon receipt of the order, Haggua may make certain checks on the order prior to its preparation for shipment, such as confirmation of the address and its credibility. In relation to the verification of fraud, Haggua carries out partially automated checks on all orders in order to filter unusual, suspicious transactions, or identified as susceptible to fraud. The same will be investigated and, if necessary, processed. By confirming the order the customer agrees to these conditions.

Haggua reserves the right, in particular, but without limitation, not to process/accept/refuse orders that:

a)     do not have sufficient guarantee of good collection;

b)     are incomplete or incorrect;

c)     whose products are unavailable;

d)     are flagged by security systems as incorrect or fraudulent;

e)     whose transaction or transfer for payment has not been received within a maximum period of 5 days after the process of finalizing the order;

f)      whose billing information is not correct or verifiable;

g)     whose delivery is not possible at the address indicated by the customer.

In these cases, Haggua will inform the Customer by email of the verified circumstances for the non-fulfilment of the contract entered into

Prices and Payment

The price of Haggua products will be the one that is indicated, in each moment, in the web page. If Haggua detects any error in the price of the products ordered by the customer, you will be given the option to reconfirm the order with the correct price or to cancel it. Should Haggua not be able to contact the customer, the order received will be cancelled and the customer will be fully refunded for the amount paid. When the error in the price is evident and unequivocal and could have been recognized by the customer as being incorrect, Haggua will not be obliged to supply the product at the wrong price (even if it was sent the confirmation of the acceptance of the order and/or shipping)

The prices on the online store represent the total prices including VAT. The prices of the date of your order are applicable.

Prices do not include shipping costs, which will be presented to the customer prior to the completion of the order, adding to the price of the products.

Prices may be changed at any time, without affecting the orders already made by the customer and confirmed by Haggua.

In order to complete the purchase of the products, you must, upon completion of the purchase, select the desired payment method.

Once the payment method is selected, the customer will have to enter the data requested, and the respective terms and conditions will apply.

Whenever the payment is made by bank transfer, you must send the respective proof of payment provided by your bank to the Haggua’s email geral@haggua.pt. When doing so, be sure to indicate the identification number of the order to which the bank transfer refers.

Validation of bank transfer payments may take a few days, so you must make the payment based on the transfer period between different banking entities.

In order to reduce the risk of unauthorized access to your credit card, your data will be encrypted. Upon receipt of your order, Haggua will pre-authorize your card to ensure that there are sufficient funds to complete the transaction, and the debit on your card is made when your order is shipped. Credit cards are subject to checks and authorizations by the issuing entities, and if they do not authorize the payment Haggua will not be responsible for any delay or lack of delivery. In this circumstance, Haggua cannot formalize any contract with the customer.

Property retention

The products remain Haggua’s property until good collection of the integral payment.

Transportation Damage and Defective Products

If the products are delivered with obvious shipping damages, please report these faults, preferably immediately to those who have delivered them to you, and urgently contact Haggua (geral@haggua.pt). Failure to submit a complaint or contact has no consequences for your legal requests and for their enforcement, particularly as regards your rights to warranty services. However, in this way you are helping Haggua validate our own claims against the carrier or transport insurance and provide you with a better service.

Under the law, in the case of a defective product, you may choose to replace it, or to reduce the price accordingly. Reimbursement of the price, replacement of the product, or adequate reduction of the price paid for the article shall occur as soon as possible and in any case within a maximum period of 30 days.

Amounts paid for products returned for any damages or defects will be reimbursed in full, including delivery costs incurred in sending the item and the costs of returning them. The return must be made by the same payment method that was used to pay the purchase.

All rights recognized by the law in force shall be safeguarded.

User Duties

The User undertakes not to create, copy, reproduce, modify or in any way use any content of the web page.

The User agrees not to use Haggua's services for purposes other than those intended, including illegal purposes.

The content published on Haggua's web page is owned by Haggua, or, not being, it holds all the licenses and authorizations necessary for its publication.

The User is responsible for obtaining the necessary access to the data network in order to use the Haggua web page. It is possible that the tariffs and fees of the data network and messages of the mobile equipment of the User will apply if you access or use the services provided by Haggua from a wireless device, and you are responsible for the payment of such fees and rates. The User is responsible for acquiring and updating the equipment or devices necessary to access and use the services and any updates thereof. Haggua's services may be subject to failures and/or delays inherent in the use of the Internet and electronic communications. Haggua does not guarantee that the operation of your web page or that the respective services or any part thereof will work on a particular machine or device.

Intellectual property

TAll copyrights, trademarks and other intellectual property rights in the materials or contents of the Haggua website belong to Haggua, or to third parties that have authorized Haggua for its use. All rights in the web page are and remain the property of Haggua or its licensors.

Haggua reserves the right to modify the webpage, software or system to which the User access for the marketing of its products, in its entirety, at any time and for any reason.

The User is not authorized to: (a) remove any indication of intellectual property, including, but not limited to, trademark or other notices concerning the intellectual property of any space on the web page, any application, software or system made available by Haggua; b) reproduce, modify, perform derivative works, destroy, license, rent, sell, resell, transfer, display or publicly display, transmit, reproduce, broadcast, or otherwise exploit the web page, except to the extent expressly permitted by Haggua; (c) decompile, reverse engineer or disassemble the web page, except to the extent permitted by applicable law; (d) create links or reproduce through frames; (e) create or launch any programs or scripts to capture, index, collect or otherwise extract data from any part of the web page, or improperly overload and/or disable its operation and/or functionality; or (f) attempt to gain unauthorized access or impair any aspect of the web page, application or its systems or networks.

Responsibility

Haggua assumes unlimited liability for claims that result directly from its action:

  • for life, body or health damages,

  • in case of violation of intentional duty or sustained by gross negligence,

  • for guarantee duties, when agreed,

  • insofar as it is imposed by the application of the Law on Liability for Defective Products or Consumer Law; or

  • related to any liability duties, including liability in respect of applicable legislation in connection with the sale of goods or provision of services, which, by virtue of law, cannot be excluded or limited.

In the event of breach of essential contractual obligations, whose compliance allows the performance of the contract and on whose content the contractual partner regularly deposits its trust (essential obligations), based on light negligence on our part, our legal representatives or agents, liability will be limited to the value of the products acquired by the User.

In all other situations we do not assume responsibility for damages claims.

Haggua shall not be liable for any breach or delay in the fulfilment of any of its obligations when this is due to events of force majeure. A case of force majeure is understood to mean any unforeseeable and unavoidable event, unrelated to the will or control of Haggua, which prevents it, totally or partially, permanently or temporarily, from achieving its objectives and fulfilling its obligations. Without limitation, they may include state of war, declared or not, rebellions or riots, natural disasters, such as fires, floods, earthquakes and communications. In this case, Haggua's obligations shall be deemed to be suspended during the period in which reasons of Force Majeure occur, and Haggua shall use all means to overcome the force majeure and to comply with the obligations assumed before the User.

Haggua expressly represents and guarantees that:

(a) Is in a legitimate and legal position to market and supply the products;

(b) It complies with all legislation and regulations applicable to the its activity and is and will be in possession of all authorizations, licenses and approvals that, according to the law and regulations, are applicable to it and are necessary for the continuation of its activity.

Haggua does not guarantee that online services will function without interruption or that they are free of errors, viruses or other harmful elements.

Haggua does not make any specific promises about the products or the services it provides, namely, but not limited to, its commitment to the specific function of the products, the reliability, availability or ability to satisfy the User's needs, nor assumes any result that the User intends to obtain from the products and/or any consequences arising from the use or misuse of the products.

Haggua also cannot guarantee that the product and its components, due to their characteristics and nature, will be totally resistant and/or effective and that they will not get loose, fall or be indefinitely inviolable.

Conflict resolution

Portuguese Law shall apply to all matters not expressly regulated in these Terms and Conditions.

Without prejudice to the right to resolve disputes through recourse to a court of law, in the general terms of the law, in the event of a dispute, the Customer shall have recourse to alternative dispute resolution, in particular through an online dispute resolution (ODR) of the European Commission, which you can find here http://ec.europa.eu/consumers/odr/.

You may also consult any of the following alternative dispute resolution entities:

a) CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo http://www.arbitragemdeconsumo.org/

b) Centro de Arbitragem da Universidade Autónoma de Lisboa (CAUAL)

http://arbitragem.autonoma.pt/home.asp

c) Centro de Arbitragem de Conflitos de Consumo de Lisboa http://www.centroarbitragemlisboa.pt/

More information on the Consumer Portal at http://www.consumidor.pt/