Terms of Service
Introduction
These Terms of Service (“Terms”) define the rules and regulations for the use of the website https://www.aguadamadeira.com (“Website”). By using the Website, the user agrees to these Terms. These Terms are completed by the Privacy Policy, the Cookies Clause, the payments clause, the return and refund clause and the alternative dispute resolution clause.
The Website and the “Água da Madeira” trademark are owned by Fragrância d’Azul Lda, NIPC 517001470, Caminho da Bela Vista 28A, 9300-027 Câmara de Lobos (Madeira – PT).
Access to the Website
Fragrância d’Azul Lda. grants the user a non-exclusive, non-transferable and revocable license to access and use the Website. The user may not use the Website for illegal purposes or that violate the rights of Fragrância d’Azul Lda. or third parties.
Website Content
The content of the Website, including text, images and videos, is the property of Fragrância d’Azul Lda. or its licensors. The user may not copy, distribute, modify or transmit the content of the Website without the authorization of Fragrância d’Azul Lda.
Intellectual property
Fragrância d’Azul Lda. holds all intellectual property rights over the Website and its content. The user may not acquire any intellectual property rights over the Website or its content.
Limitation of liability
Fragrância d’Azul Lda. is not responsible for any damages caused to the user by using the Website. Fragrância d’Azul Lda. does not guarantee that the Website is free of errors or viruses.
Indemnity
The user agrees to indemnify Fragrância d’Azul Lda. against any claims, damages or costs arising from the use of the Website by the user.
Applicable law
These Terms will be governed and interpreted in accordance with Portuguese law.
Disputes
In case of any dispute arising in relation to these Terms, priority will be given to alternative dispute resolution instruments. In case these should not lead to solution, the dispute will be subject to the jurisdiction of the Portuguese courts.
General provisions
These Terms constitute the agreement between the user and Fragrância d’Azul Lda. in relation to the Website. Fragrância d’Azul Lda. may change these Terms at any time. The changes will be published on the Website and will come into effect from the date of publication.
Effective date
These Terms of Service were last updated on April 10, 2024.
Privacy Policy
Introduction
The General Regulation on the Protection of Personal Data of the European Union (GDPR) – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, establishes the rules relating to the protection of personal data of natural persons, being applicable directly into the legal order of all Member States and imposing a series of duties that are intended, in particular, for public legal entities. In Portugal, Law No. 58/2019, of August 8, is still in force, which ensures the implementation of the GDPR. This Privacy Policy describes how Fragrância d’Azul Lda. collects, uses and shares personal information collected through the website https://www.aguadamadeira.pt (“Website”).
Information collected
Fragrância d’Azul Lda. collects the following types of personal information through the Website:
- User Information:
- FULL NAME
- EMAIL ADDRESS
- TELEPHONE NUMBER
- RESIDENTIAL ADDRESS
- PAYMENT INFORMATION
- CONTENT OF MESSAGES SENT THROUGH THE WEBSITE
- Automatically Collected Information:
- IP ADDRESS
- BROWSER TYPE
- OPERATING SYSTEM
- DATE AND TIME OF VISIT
- PAGES VISITED ON THE WEBSITE
Use of collected information
Fragrância d’Azul Lda. uses the information collected to:
- Provide the services and products requested by the user
- Improve user experience on the Website
- Send marketing and promotional communications
- Carry out analysis and research
- Ensure the website security
Sharing of collected information
Fragrância d’Azul Lda. does not sell or share personal information with third parties for marketing purposes without the user’s consent. Fragrância d’Azul Lda. may share personal information with third parties in certain situations, such as:
- With companies that provide services to FragrÂncia d’Azul Lda.
- To comply with a legal obligation
- To protect the rights of FragrÂncia d’Azul Lda. or third parties
Cookies
The Website uses cookies to store information about user preferences and to improve the user experience. The user can disable cookies in their browser, but this may affect the functioning of the Website.
Information security
Fragrância d’Azul Lda. takes security measures to protect personal information collected against unauthorized access, misuse, disclosure, alteration or destruction.
Users’ rights
Users are entitled, in accordance with applicable law and as holders of Personal Data, to comply with the following rights:
- Right of Access – Right to obtain confirmation of which personal data is being processed and information about them.
- Right to Rectification – Right to request the rectification of your personal data that is inaccurate or to request that incomplete personal data be completed.
- Right to Data Erasure – Right to obtain the erasure of your personal data.
- Right to Portability – Right to receive the data you provided in a commonly used, machine-readable digital format or to request the direct transmission of your data to another entity that becomes the new responsible for your personal data.
- Right to Withdraw Consent or Right to Oppose – Right to oppose or withdraw your consent, at any time, to data processing, as for example in the case of data processing for marketing purposes, as long as there are no interests legitimate rights that prevail over their interests, rights and freedoms, such as defending a right in legal proceedings.
- Right of Limitation – Right to request the limitation of the processing of your personal data, in the form of: (i) suspension of processing or (ii) limitation of the scope of processing to certain categories of data or processing purposes.
Users also have the right to lodge a complaint with the National Data Protection Commission.
To exercise these rights, as well as to obtain any clarification related to this Privacy Policy or the Cookies Policy, the user may contact Fragrância d’Azul Lda. by email at info@aguadamadeira.pt.
Changes to this Privacy Policy
Fragrância d’Azul Lda. may change this Privacy Policy at any time. The changes will be published on the Website and will come into effect from the date of publication.
Effective date
This Privacy Policy was last updated on April 10, 2024.
Cookies
1. What are cookies?
Cookies are small text files that are stored on your computer or mobile device when you visit a website. Cookies are used to store information about your visit, such as your language preferences, the pages you have visited and the products you have added to your shopping cart.
2. What type of cookies are used in the Website?
We use the following types of cookies on our website:
- Essential cookies: These cookies are necessary for the website to function. Without these cookies, you will not be able to use some of the website’s features.
- Performance cookies: These cookies collect information about how you use the website. This information is used to improve the performance of the website and to provide you with a better user experience.
- Functionality cookies: These cookies allow the website to remember your choices and offer you a more personalized experience.
- Advertising cookies: These cookies are used to show you advertisements relevant to your interests.
3. Management of cookies?
Users can manage the cookies used on our website through their browser settings. One can choose to block all cookies, or just some types of cookies.
4. More information about cookies
For more information about cookies, users can consult the following websites:
- Wikipedia: https://pt.wikipedia.org/wiki/Cookie_(inform%C3%A1tica)
- National Data Protection Commission: https://www.cnpd.pt/
5. Changes to this Cookies Clause
We may change this Cookies Clause at any time. The changes will be published on the website and will come into force from the date of publication.
Payment Clause
1. Means of payment
Payment for products or services offered on the Website https://www.aguadamadeira.pt (“Website”) can be made using the following methods:
- Credit card: Visa, MasterCard
- Multibanco
- PayPal
2. Payment Term
Payment for products and/or services must be made within 3 days after the date of purchase. If payment is not made within 3 days, Fragrância d’Azul Lda. reserves the right to cancel the order.
3. Cancellation of Purchase
Customers may cancel their purchase at any time before the product is shipped. In case of cancellation, the Customer will be refunded the full purchase price.
Sales of items on promotion or price reduction are considered final. Fragrância d’Azul Lda. does not exchange items that have been purchased under a sale, promotion or price reduction. However, the general conditions of termination of the contract and return of defective items are valid.
4. Complaints
In case of complaints related to payment, the Customer may contact Customer Service via the following email address: info@aguadamadeira.pt
5. Applicable Law
This Payment Clause will be governed and interpreted in accordance with Portuguese law.
6. Disputes
In case of any dispute arising in relation to this Payment Clause, priority will be given to alternative dispute resolution instruments. In case these should not lead to a solution, the dispute will be subject to the jurisdiction of the Portuguese courts.
Return and Refund Clause
1. Return Conditions
Customers may return the product purchased on the Website https://www.aguadamadeira.pt (“Website”) within 15 days after the date of receipt of the product. To start the process, Customers must contact Fragrância d’Azul Lda. by sending an email to info@aguadamadeira.pt.
For the return to be accepted, the product must be in perfect condition, in its original packaging and with all accessories included.
2. Refund Term
Upon receipt and validation of the product return, the Customer will be refunded the total purchase price, with the exception of shipping costs, within 10 days.
3. Return shipping costs
Return shipping costs are the responsibility of the Customer
4. Exceptions to the Return Policy
The return policy does not apply to the following products:
- Customized products
- Products that have been used or damaged
- Products that are not in their original packaging
5. Complaints
In case of complaints related to the return of products, the Customer may contact Customer Service via the following email address: info@aguadamadeira.pt
6. Applicable Law
This Return and Refund Clause will be governed and interpreted in accordance with Portuguese law.
7. Disputes
In case of any dispute arising in relation to this Payment Clause, priority will be given to alternative dispute resolution instruments. In case these should not lead to a solution, the dispute will be subject to the jurisdiction of the Portuguese courts.
Alternative dispute resolution
In compliance with Article 18 of Law 144/2015, Consumers are informed that for alternative dispute resolution should contact Fragrância d’Azul Lda. via email info@aguadamadeira.pt or the entity competent for Alternative Resolution of Consumer Disputes in the Autonomous Region of Madeira https://www.madeira.gov.pt/cacc/
For more information, see the Consumer Portal at https://cec.consumidor.pt/
Online dispute resolution
The European Commission has created an RLL platform for the alternative resolution of disputes between consumers and traders, relating to online sales or service contracts, i.e. those in which the trader, or his intermediary, offers, on a website or through of other electronic means, goods or services that the consumer orders on the same website or through other electronic means.
For more information, see the European Online Dispute Resolution Platform: https://ec.europa.eu/info/policies/consumers_pt
Online Complaints Book
https://www.livroreclamacoes.pt/inicio