Termos e Condições
These terms and conditions pertain to the use of the website www.the-essentia.com by users and their relationship with our brand.
The website www.the-essentia.com is owned and managed by Pure Brands, fiscal number 508593450, headquartered in Zona Industrial de Oliveira do Hospital, Lote 17A, 3400-060 Oliveira do Hospital - henceforth The Essentia, with email contact [email protected] and phone number +351 238 609 892 (National landline call)
Please read these terms and conditions carefully as they affect your rights and obligations under the law.
If you do not agree to these Terms, please do not access or use the Website.
If you have any questions about these Terms, please contact us.
These Terms and Conditions (henceforth "Terms") define the use of the The Essentia website (henceforth "Website") by users (henceforth "User") and their relationship with our brand (henceforth "We", "our"). Please read all articles carefully as they affect your rights and duties under current legislation.
If you do not agree to these Terms, please do not access or use the Website.
The User, by ordering any of our products or services, agrees to be bound by these Terms.
You should print a copy of these Terms for future reference.
If you have any questions regarding these Terms, please contact us.
1. Agreement
By using the Website you agree to be bound by these Terms and you authorize us to transmit data (including updated information), including but not limited to, your debit and credit card numbers or credit reports in order to authenticate your identity, validate your credit card, obtain initial credit authorization and authorize individual transactions.
2. Amendments
We reserve the right to:
- update these Terms on a regular basis. It is your responsibility to check for such modifications. These modifications will apply to your use of the Website after you have been notified of them by posting a notice on the Website. If the User does not wish to accept the new Terms, the User should not continue to use the Website. Continued use the Website after the date on which the changes take effect indicates agreement to be bound by the new Terms;
- modify or remove, temporarily or permanently, this Website and the material (or parts) contained therein without notice and the User accepts that we cannot be held responsible for any modification or removal of the Website or any content;
- disable any user identification code or password that we have provided to you, is chosen by You or allocated by Us, at any time, if in our opinion the User has failed to comply with any provision of these Terms.
3. Registration
The User, by using this Website, warrants that:
- you are legally capable of entering into binding contracts;
- the personal information you provide upon registration is true, accurate, current and complete in every respect;
- and is not impersonating any other person or entity.
You undertake to notify us immediately of any changes to your personal information by email or telephone contact.
4. Privacy Policy
All your personal information will be treated as confidential and will be processed and used in accordance with our Privacy Policy. By using the Website you consent to such processing and warrant that all information provided is accurate.
When you purchase from this Website, we will ask you to enter personal details so that we can identify you, such as your name, e-mail address, billing address, delivery address, credit card information or other means of payment. We guarantee that this information will be kept by us in accordance with all legal requirements.
5. Protecting your security
To ensure that your debit, credit, or prepaid card is not being used without your consent, we will validate the name, address, and other personal information provided during the ordering process. We take the risk of online fraud seriously. There is a possibility that you may be contacted for additional security checks and we therefore ask for your cooperation.
Fraudulent transactions will not be tolerated and any attempt will be reported to the proper authorities.
By accepting these Terms, you consent to these checks being carried out. In carrying out these checks, the personal information provided by the user may be disclosed to registered credit agencies who may keep a record of that information. This is only done to confirm the User's identity. We do not perform any credit check and your credit rating will not be affected. All information provided by you will be treated securely and in accordance with applicable law.
6. Compliance
This Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use.
The User agrees not to:
- upload or transmit through the Website any computer viruses, Trojans, Worms, logic bombs or anything created for the purpose of interfering with or disrupting the normal operation of a computer;
- upload or transmit through the Website any defamatory, offensive or obscene material;
- attempt unauthorized access to the Website, the server on which it is hosted or any server, computer or database connected to the Website. You must not attempt any denial of service attacks on our Website.
Any such breaches will be reported to the relevant authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of any breach of this provision, You will be immediately deprived of the right to access the Website.
We will not be liable for any loss or damage caused by a DoS attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted there or on any web page linked to the Website.
7. Links to Third Parties
For the convenience of our customers, the Website may include links to other web pages or material beyond our control. Please be advised that we are not responsible for such pages or material, nor do we review or endorse them. We will not be liable for the privacy practices or content of such pages nor for any damage, loss or offence caused or alleged to be caused in connection with the use of our reliance on any advertising, content, products, materials or services available on such pages or external media.
8. Orders
All orders are subject to acceptance and availability. If the order are not available, the User will be notified by e-mail (or other means if no e-mail address has been provided) and may choose to wait for the product to become available in stock or cancel the order.
Any orders placed by the User will be treated as an offer to buy our products or services and, as such, we reserve the right to refuse these offers at any time. You acknowledge that the automated confirmation of your order does not validate our acceptance of Your offer to purchase products or services advertised on the Website. The conclusion of a contract between us and you will take place when:
(i) payment for such order is made or;
(ii) we dispatch the orders or start the services, whichever is the later, at which time an email will be sent to you confirming that the contract has been completed ("Shipment Confirmation").
The contract will relate only to those products or services whose dispatch has been confirmed in the Shipment Confirmation.
We will take all possible care to keep order and payment details secure, so in the absence of negligence on our part we will not be held liable for any loss that you may suffer if a third party gains unauthorized access to any data provided by you when accessing or ordering from the Website.
Products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and suspend accounts that we believe are ordering products in violation of this point.
It will be your responsibility to assume the risk for the products once they have been delivered to the delivery address specified when you placed your order. We do not accept responsibility where an incorrect delivery address is provided or where You fail to collect the products from the specified delivery address.
Despite this, the risk of loss or damage to the products will only be your responsibility after delivery to the delivery address.
Pure Brands trusts the delivery of your orders to an external transport service and it is not possible to schedule deliveries. You will need to ensure that someone is at the address you have given to collect your order.
The Essentia orders are shipped Monday through Friday, from 9am to 6pm, except on holidays.
The delivery time will vary according to the destination country. The estimated time for delivery varies between 3-5 working days for mainland Portugal, for items in stock. The estimated delivery time for customized items can extend up to two weeks.
In case of unavailability of the product(s) ordered, Pure Brands will promptly inform the customer and refund the amount paid, within a maximum of 15 (fifteen) days from the knowledge of the unavailability.
Delivery is considered to have taken place upon signature on the delivery receipt at the agreed address.
The shipping costs are the responsibility of the customer, and for each order an automatic calculation of this value is made during the check-out process, and that varies depending on the weight of the order, the country of destination, etc.
In the case of shipments outside the European Union, Pure Brands is not responsible for any delays or customs costs, which are the responsibility of the customer.
9. Exchange or cancellation rights
Under Decree-Law Nº. 24/2014 of February 14, applicable to contracts concluded at a distance, you have the right to freely terminate a new contract (right of free resolution or withdrawal), without giving a reason, within 14 calendar days from the date of conclusion of the contract or the date of receipt. To solve, you only need to communicate your decision to us in an unambiguous manner (it is not sufficient to return the products). You can do this by letter, telephone or e-mail.
The reflection period ends 14 days (in a row) after the product's delivery date. If the end of the period does not fall on a working day, the period is extended to the next working day.
Products received and not used must be returned within 14 days of the date you informed us that you wish to cancel the purchase.
The exchange or return of customized or otherwise altered items at the customer's request is not authorized.
Under our Total Satisfaction Guarantee, if the product does not fully meet your expectations you may return it within 14 days of receiving the order at your home, and we will promptly refund the amount spent.
The product should be in perfect condition and returned in its original packaging, with no signs of use, so that we can provide you with an even better service, we would appreciate it if you would indicate the reason for the return. We remind you, however, that we will only refund the cost of returning items that were delivered in error or items that were damaged or defective.
- Alternative Dispute Resolution
In accordance with the provisions of Law 144/2015 of September 8, it is informed that there are entities available to consumers for the alternative resolution of consumer disputes.
Under the terms of the mentioned legal diploma, the contacts described below are available:
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Av. Fernão Magalhães, nº 240, 1º - 3000-172 COIMBRA
Phone: 239 821 690
Email: [email protected]
Web-site: http://www.centrodearbitragemdecoimbra.com
Finally, we inform that the present commercial company is not a member of any of the entities identified above.
10. Pricing and Payment
All prices on the Website include VAT (when applicable) at current rate and are correct at the time of entering the information into the system. However, we reserve the right to change prices at any time without notice (except changes affecting orders for which an Order Confirmation has already been sent).
In the improbable case that the price shown on the confirmation page is wrong and this error is discovered before we accept the User's order, in accordance with clause 9, we are under no obligation to sell the products at the price shown. We always try to ensure that the prices of products displayed on the Website are accurate but errors may occasionally occur. If we discover an error in the price of products that you have ordered, you will be informed as soon as possible and you will have the option to keep your order at the correct price or cancel it. If you choose to cancel and have already paid for the products (but they have not been shipped yet) you will be refunded in full.
The User confirms that the payment method is managed by you, among the options provided by The Essentia: MBway, Multibanco, Paypal, Bank Transfer and Credit Card.
We reserve the right to wait for payment within 48 hours. In the event that payment is not successful, you will be notified via the email address provided.
In case you do not want us to try to process the payment again, please cancel your order before processing.
We authorize the use of promotional codes strictly on the terms and conditions on which they were issued, which, among others, may include terms relating to the User's eligibility to use them and a maximum order value. You should familiarize yourself with these terms and conditions before ordering as we reserve the right to reject or cancel any orders that do not comply with these Terms even if your credit or debit card has been charged.
If there is any inconsistency between the terms and conditions under which the promo codes were issued and these Terms, the terms and conditions of the promo codes prevail. You may obtain a copy of the terms and conditions of the discount codes by contacting us via email or telephone.
11. Intellectual Property
The contents of the Website are protected by copyrights, trademarks, databases and other intellectual property rights.
You acknowledge that the material and content provided as part of the Website will remain with us. You may browse and display the content of the Website on a monitor, save content in electronic form on disk (but never on a server or any storage device connected to a network) or print a copy of the content for personal, non-commercial use, keeping intact at all times any and all copyright and proprietary notifications.
You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website.
12. Limited responsibility
Supply of Products:
(a) On default of these Terms through our fault, we shall only be liable to you for losses suffered as a result of our default (whether in contract, damage (including negligence), breach of statutory duty or vice versa) and which are a predictable consequence of our failure.
(b) Nothing in these Terms excludes or limits our liability to:
- death or injury caused by negligence;
- fraud or fraudulent conduct;
- any breach of obligations implied by applicable law;
- defective products under consumer protection law;
- any deliberate breaches of these Terms that would give rise to a breach of contract; or
- any other matter for which it would be unlawful for us to exclude or attempt to exclude your liability
Use of Website:
The Website is available on an "as presented" and "as available" basis without any representation or endorsement and we make no warranty, express or implied, with respect to it or its use.
You acknowledge that we cannot guarantee nor be responsible for the security or privacy of the Website or any information provided by You. You must bear the risk associated with your use of the internet.
Although we try to ensure that the material included on the Website is correct, reliable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for errors or omissions or the results obtained from the use of this information or any technical problems you may have using the Website. If we are informed of any inconsistencies on the Website, we will try to correct them as quickly as possible. In particular, we reject any responsibility that has to do with:
- incompatibility of the Website with any of your equipment, programs or telecommunications connections;
- technical problems, including Website errors or imprecision; and
- failure of the Website to compliance the User's requirements.
To the fullest extent permitted by applicable law, you agree that we will not be liable for any consequential or incidental damages (both terms including, without limitation, loss of liquidity, loss of profits, loss of business, loss of anticipated savings, waste of resources, loss of privacy and loss of data) or any other indirect, special or punitive damages arising out of or in connection with your use of the Website.
13. Severance
If any part of the Terms is deemed unlawful, void, or for any other reason unenforceable, then that part shall be deemed severable from these Terms and shall not affect the viability and execution of any remaining part of these Terms.
14. Renunciation
No waiver shall be raised by us as a waiver of any precedence or succession of breach under the terms provided.
15. Entire Agreement
These Terms form the entire basis of any agreement between us and you.
16. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Portugal and any disputes shall be exclusively decided by the Portuguese courts.
17. Reviews
By submitting a review, you grant us the right to publish, translate, derive, distribute, and display such content through any means of communication that may be appropriate to us.
You grant us the right to use the name provided in connection with such content if we so choose.
You agree to waive the right to be identified as the author of such content and to object disparagingly to such content.
Updated May 19, 2023.