Terms and Conditions
TERMS AND CONDITIONS
This page (together with the documents referred to on it) informs you of the terms and conditions under which we supply any of the products (“Products”) listed on our website https://broolls.com/ to you. Please read these terms and conditions (“T&C”) carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these T&C.
We advise you to print a copy of these T&C for future reference.
- https://broolls.com/ is operated by Massivecharism – Brands Collection Unipessoal Lda., with registered offices at Rua da Portela nº 446, 4500-791 Santa Maria da Feira, Portugal, and tax number 515950050, hereinafter referred to as “BROOLLS”.
- Contact information:
BROOLLS’s address: Rua da Portela nº 446, 4430-540 Vila Nova de Gaia, Portugal;
Phone number: +351 911821861.
When using our website
- These T&C apply to all users of our website, including, without limitation, visitors, customers and other not specifically identified.
- BROOLLS’s proposal for the product’s purchase in the online store is aimed only for people of legal age with full capacity, who, therefore, can be responsible for the commitments resulting from the purchase and sale of our products.
- If the User does not agree entirely with these T&C, then the User shall not acess our website or the features and services associated, namely, the online store. In particular, User shall be informed that making a purchase through our website depends on the acceptance of these T&C.
- By accepting these T&C, User makes its acceptance on his own personal behalf and/or the organization it represents (if applicable). Also, User declares to be at least 18 years old, guaranteeing to have full legal capacity to enter into contracts and to carry out this acceptance. Furthermore, by accepting these T&C, the User expressly declares that he will not use this website and the features and services associated for any illegal and /or unlawful purposes.
- BROOLLS reserves the right to change this T&C at any time and without prior notice, so it is the User’s duty to consult the T&C in effect before each website’s use, in particular, before purchasing through our online store.
- Without prejudice to the provisions of the previous number, any changes to these T&C after confirmation of an order will not bind the User in relation to such order. The T&C in force on the date of confirmation of each order shall be the ones to apply to such order.
- BROOLLS guarantees the account security within the security measures expected and appropriate for platforms such as the website and respective online store.
- BROOLLS is not responsible for damages resulting from interference, interruptions, computer viruses, malfunctions or any other disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
- In no event may BROOLLS and / or its representatives and workers be held responsible for any damages that may arise, even accidentally, from the malfunction of the website, in any capacity and whatever the period for which such malfunction continues, or for any damage caused by reproduction, use or exploitation.
- Any violation of the provisions of these T&C by the User constitutes a basis for its resolution with just cause by BROOLLS. In any case, violation of the provisions of these T&C, shall give BROOLLS the right to be compensated for all losses resulting therefrom, despite contract resolution being carried out or not. In addition, BROOLLS reserves the right, at its discretion, to terminate any User’s access to the website and its functionalities and services, with or without notification to the User.
Signing In – Account Creation and Access
- Mere access to our website is not subject to registration. However, to take advantage of all our website’s features and services, namely, to make purchases in the online store, the User must register to create a user account.
- Registration on the website is carried out by creating a User account, filling in the form with the requested data.
- Nevertheless, if the User only wishes to make a purchase in the online store, without registering as a client, he may do so.
- The User is responsible for the veracity, completeness and legality of the data provided, either at the time of registration, or for the purpose of purchasing at the online store, as well as for the respective update. In these terms, the User will be the sole and exclusive responsible for any false or inaccurate statements that he makes and, consequently, for reimbursing BROOLLS for all losses that it may suffer as a result of the non-compliance with this provision.
- All contents inserted in the User's account, as well as all the activity that takes place therein, are the User's responsibility, and there is no obligation on the part of BROOLLS to monitor the contents or (non) fulfilment of any User responsibilities, namely compliance with obligations towards other Users or before national authorities.
- BROOLLS has neither access nor knowledge of the password defined by the User for the purposes of accessing the website, and the User is responsible for ensuring the confidentiality of the password and its safekeeping and good use, as well as for complying with good practices regarding the security of the account (in particular, changing the password regularly and avoiding connections through networks open to the public). As such, BROOLLS cannot be held responsible for losses resulting from the loss or misuse of the password defined by the User.
PRODUCTS AND PURCHASE PROCESS
- Our website offers a range of products for sale by BROOLLS in the online store.
- All products are illustrated with photographs and an indication of their essential characteristics, and are available, without distinction, for purchase by Consumers.
- BROOLLS has made every effort to ensure that the information presented on the website and its online store is free of typographical errors and, whenever these occur, BROOLLS will proceed with the respective correction as soon as possible. Likewise, BROOLLS will use its best efforts to keep the information related to the products, contained in the website and in the respective online store, updated.
- BROOLLS may, at any time, change, delete or move any information on the website and online store, without prior notice, namely those relating to products, prices, promotions, offers, commercial conditions and services.
- The User now accepts and expressly conforms with the following:
- The photographs presented on the website are merely illustrative, and the User must carefully and fully read the information on the essential characteristics of the products that are described on the website. If in doubt, contact BROOLLS for any additional information;
- All products for sale are subject to existing stock, without prejudice to BROOLLS endeavouring to present updated information regarding availability of the products included in the shopping cart;
- BROOLLS will not assume any responsibility for any discontinued items;
- The prices and products available on the website are only valid for commercial transactions carried out through our online store.
- BROOLLS is not responsible for any consequences resulting from failure to consult the information of the products and its instructions of use or any other warnings provided.
- The price of each product sold by BROOLLS is duly indicated in the website, in Euros, including VAT at the legal applicable rate.
- The price of each product for sale by BROOLLS does not include transportation costs (shipping costs), which may vary according to the intended delivery period / method. Therefore, User shall consult such prices in point 6.2.4.
- Any additional costs, such as transportation costs, will be presented to the User in the moment immediately before the Order Confirmation by the User.
- Although BROOLLS tries to ensure that all prices on the website are correct, errors may occur. If BROOLLS detects an error in the price of any of the products that the USER has ordered, it will inform you as soon as possible and give you the option to reconfirm the order at the correct price or to cancel it. If BROOLLS is by any reason unable to contact the User, the order will then be cancelled and the amount that has already been paid will be refunded in full.
- The price of the products is subject to change by BROOLLS, without prior notice, until the moment of the Order Confirmation by the User.
Products purchase – process and sale conditions
Selection of products and shopping cart – Step 1
- The products that the User wishes to purchase must be inserted in the shopping cart, indicating the number of units desired.
- The items for sale are subject to existing stock. BROOLLS is not obliged to sell any not available products.
- Once the desired products have been selected, the User must select the option “BUY IT NOW” and then proceed to log in or create a new user account, or choose to proceed without creating an account, under the conditions established in clause 3.
- Selection of products and shopping cart – Step 1
Billing, Payment and Delivery data – Step 2
- For the purpose of completing the order, the User must enter the requested personal data. If you have selected this option, the aforementioned data will only be requested upon the first purchase through the website, being saved for the purpose of future purchases. That way they won't be asked again.
- The User must enter the delivery and billing data. You must also select the respective delivery method - EXPRESSO DHL.
- The User will, at that moment, be informed of the price to be paid for shipping, for his order, as well as the foreseeable deadlines, in working days, for dispatch and delivery of the products to the User.
- After the orders are dispatched, a notification is sent to the User via email. If for any reason the customer does not receive the shipment confirmation within a reasonable period, he must contact BROOLLS.
- Then the User must choose the payment method, having the following options available:
Klarna – Flexible payments;
- Before confirming the order, the User undertakes to verify the data contained in his order summary, confirming the User data, the products selected in the shopping cart, the respective delivery method and payment method, and must go back to the steps in order to proceed with the respective rectification if any non-compliance is detected.
- Before finalizing the order, the User must read the “Terms and Conditions”, inserting the symbol of agreement in the available square, only in case of accepting them. The acceptance of the “Terms and Conditions” is an absolute requirement for the continuation of the operation. The User must immediately print and file the Terms and Conditions for future reference.
Order confirmation and contract – Step 3
- Upon confirming the order, the User enters into a purchase and sale agreement with BROOLLS, expressing his full and complete acceptance of the description of the products included in the transaction, the respective prices and these T&C, which contain the only applicable provisions between User and BROOLLS.
- After the order is submitted by the User, the User will receive an email confirming that his order has been received by BROOLLS (Order Confirmation email). This email will contain a summary of the information about the order placed, including the product name / reference, the total price of the product, the chosen shipping option and associated shipping costs, as well as the payment details according to the selected payment method. If any of the information therein contained is not correct, the User must immediately request a change to BROOLLS.
- After payment of the total price of the products, the invoice will be issued and sent to the email provided by the User. Once issued, the invoice cannot be reissued with changes.
- With the order confirmation by the User, as well as the subsequent full payment of the total price of the products, the contract for the purchase and sale of the products made available on the online store by BROOLLS is completed. However, its effectiveness will depend on the products’ availability in stock, in accordance with the provisions of the following numbers.
- All orders for products in the online store will be subject to availability in stock. BROOLLS is not obliged to supply products that are unavailable. Therefore, if the ordered products are not available in stock, BROOLLS will inform the User immediately after the knowledge of this unavailability and will act in accordance with the provisions of the following numbers.
- If there is a temporary unavailability of any of the products in stock, making it impossible to deliver them within the agreed deadlines, BROOLLS will contact the User seeking to agree with him one of the following options:
- A new delivery period, and the order will only proceed after consent given by the User (via email),
- The supply of a product of equivalent quality and price, if any, and in this case, the order will only proceed after consent given by the User (via email), or
- The cancellation of the order in relation to the missing products, with the corresponding reimbursement of the amounts paid by the User, within a maximum period of 30 (thirty) days after the communication of the cancellation.
- Once the purchase and sale agreement has been formalized, full payment of the total price of the products has been made, and on condition that the purchased products are available, all in the terms provided for in the previous clauses, BROOLLS will ship the products according to the delivery option selected. by the User.
- Notwithstanding the established deadlines, delays may occur for any of the following reasons, not attributable to BROOLLS, and which therefore will not give the User any right to compensation:
- Delays by the carrier;
- Difficulties in delivery to the recipient;
- Local holidays.
- The User must ensure the presence of someone at the delivery address of the products, on the date indicated by BROOLLS.
- BROOLLS refuses any responsibility for any delay or impossibility of delivering the order, resulting from acts for which it is not responsible.
- The deadline for the delivery of ordered products is 30 days, counting from the day following confirmation of payment of the total price of the products.
- For the purposes of these Terms and Conditions, a "delivery" is considered to have been made or a product is considered to be "delivered" with the signature of the delivery receipt at the agreed address, or, when the product is picked up at the store, with the signature of the withdrawal receipt.
- BROOLLS does not make exchanges. As such, in case of mistake by the User, he must return the product, applying, for that purpose, the provisions of the Right of Withdrawal clause, and then place a new order, with the products he wants.
Products’ conformity warranty
- BROOLLS is responsible for any lack of conformity of the products that exists at the time they are delivered to the User.
- The products do not comply with the purchase and sale contract when any of the following facts occurs:
- When the products do not comply with the description given by BROOLLS on its website or do not have the qualities that BROOLLS has presented to the User;
- When the products are not suitable for the specific use for which the User destines them and of which he has informed BROOLLS and that BROOLLS has accepted;
- When the products are not suitable for the uses usually given to goods of the same type;
- When the products do not present the usual qualities and performance of goods of the same type and which the User can reasonably expect, given the nature of the good and, eventually, the public statements about its concrete characteristics, made by BROOLLS or by BROOLLS’s brand, namely in advertising or labeling.
- Under the terms of Consumer Law, the general warranty period for products is 3 (three) years for new products, from the date of delivery of the products to the User.
- In sales to professionals, if they happen, BROOLLS shall also be responsible for any defect in the products that exist at the time they are delivered to the said professional, with a warranty period of 6 (six) months from the date of delivery of the products to the User, provided that the said defect is reported within the maximum period of 1 month from the date of its detection.
- It will not be considered as a lack of conformity or as a defect in the product, within the meaning of the applicable law, any situation where, at the time the contract was concluded, the User had already become aware of such lack of conformity or of the defects in the products or could not reasonably ignore them.
- Also, BROOLLS will not be held responsible for any lack of conformity / defect in the product, if they arise from the following situations:
- Failure to use and/or preserve the products in careful, diligent and / or in accordance with BROOLLS’s indications;
- The use of products for a purpose other than the one for which they are intended;
- The production of the products according to the customer’s specific requests or under any specific characteristics indicated by the customer;
- The normal use of the products;
- Product modification or alteration.
- If the purchased Product is not in conformity or suffers from a defect, the User must report the situation to BROOLLS, providing BROOLLS with the purchase invoice and a description of the product’s non-conformity. The said product must also be delivered to BROOLLS for evaluation.
- Upon receipt of the product at BROOLLS’s facilities, we will then proceed to check the reported non-conformity. If we confirm that there is a non-conformity of which BROOLLS should be responsible, the User is entitled, in this order, to one of the following options:
- Repair (if possible);
- Replacement of the product with another with identical characteristics;
- Price reduction;
- Termination of the Contract, under the terms of the following Clause.
- The costs of returning or collecting products under warranty will be borne by BROOLLS whenever it is concluded that there is a non-conformity covered by the product’s warranty.
Free Contract Termination - Right of withdrawal
- The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of 31 July, with subsequent changes.
- The User has the right to freely terminate this contract within 14 calendar days, without the need to indicate any reason. The period for exercising the right of withdrawal expires within 14 days from:
- From the day in which the User or a third party indicated by the User (with the exception of the carrier), acquires physical possession of the product; or
- From the day in which the User or a third party, with the exception of the carrier, indicated by the User, acquires physical possession of the last product, in the case of several goods ordered by the User in a single order and delivered separately.
- The right of free withdrawal may be exercised by the User for all purchased products or only for some of the products included in an order.
- For this purpose, the User must fill in the «Free resolution» model suggested below, or send a written and unequivocal communication of his decision to withdraw, being able to do so by registered letter to the address of BROOLLS, located at Rua da Portela nº 446, 4500-791 Santa Maria da Feira, Portugal, or by email to the BROOLLS email address, firstname.lastname@example.org. If the User makes use of the latter, BROOLLS will send the User, by email, an acknowledgment of receipt of the request for resolution, within 24 hours.
FREE RESOLUTION FORM TEMPLATE
(MUST FILL OUT AND RETURN THIS FORM ONLY IF YOU WANT TO TERMINATE THE AGREEMENT)
Company Name | Contributor | Telephone General |Fax:
Address: | Email
Customer phone number:
I hereby inform you that I terminate our purchase and sale agreement relating to:
Ordered on ____/____/_____.
Received in ____/____/_____.
Signature of the consumer (only if this form is served on paper):
Place: ___________________. Date ____/____/_____.
- For the resolution period to be considered as having been respected, it is enough that the communication of resolution is sent before the end of the resolution period provided for in point 11.2..
- The right to freely terminate the contract is not applicable in situations in which the products sold are sealed and not susceptible to return for reasons of health or hygiene protection, when opened after delivery.
Parties’ obligations resulting from the User’s exercise of free termination’s right
- When the products have already been delivered to the User, the User must, return or deliver the products to BROOLLS’s facilities within 14 days from the date on which he communicated his decision to terminate the contract to BROOLLS. User shall bear all the costs of returning the products.
- In case of contract’s termination before the order is delivered to the User, all payments made by the User will be refunded, including any costs for the delivery of the products (except when the User has requested a more onerous delivery method than commonly accepted).
- BROOLLS reserves the right to withhold the refund of the amounts paid by the User until the products are returned to our facilities.
- The refund will be made using the same payment method used in the initial transaction, unless expressly agreed otherwise by the User.
- The User must keep the products in order to be able to return them in the proper conditions, in their complete original packaging, and always accompanied by the respective receipt or original invoice.
- The contractual right to return products applies exclusively to products that can be returned under the same conditions in which the User received them. BROOLLS may reject the refund of any product that have been damaged or that show signs of use in addition to simply opening its outer packaging, namely because the respective labels have been removed / cut or any security seals have been violated.
- If the above conditions are not met, the return will be rejected, and an email will be sent to the User indicating the respective reasons. The User will, in this case, be given the option to request the reshipment of products not accepted for return, provided that User bears the reshipment charges.
- BROOLLS is the owner of all intellectual property rights on the website.
- The contents that are made available by BROOLLS through the website, namely, texts, images, brands, logos, source codes, are protected by intellectual property legislation, namely by copyright and industrial property rights, being its property or license, held by BROOLLS and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of BROOLLS or the holder of the intellectual property right applicable, which the User recognizes and accepts.
- The User undertakes not to make any abusive use of these same contents, which cannot be copied, disseminated, used or copied in any way, not using software tools to collect protected content, namely, robots, crawlers or other mechanisms automatic.
- The User will not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code and the object code of the website, as well as third party tools and applications and the software associated with the operation of the not remove any confidentiality or intellectual property notices.
- The User, in the event of infringement of the preceding paragraphs, undertakes to fully compensate BROOLLS for any indemnities, costs or expenses that it supports as a result of claims of any kind or nature that are directed against it by third parties, based on the violation of third party rights, namely intellectual property rights related to the use of content made available, provided or made available through the website and the services associated with it, including for indemnities paid to third parties under agreement with them.
To the maximum extent permitted by law, BROOLLS will only be liable for damages caused by gross negligence or fraud. BROOLLS assumes no responsibility for the continuous availability of this website, in particular mobile networks, the Internet and mobile devices.
- User support and complaints
The User may address comments, suggestions or complaints to BROOLLS through telephone contact, to the number + +351 911821861 (available from Monday to Friday from 9 am to 5 pm GMT) or through the e-mail contact email@example.com.
Alternative Dispute Resolution
- BROOLLS informs that, under the terms of the Consumer Protection Law, consumer disputes of low economic value (less than €5,000.00) are subject to necessary arbitration or mediation, whenever, by the express option of consumers, they are submitted to an arbitration court attached to legally authorized consumer dispute arbitration centers. Thus, in the event of a dispute, the final consumer may resort to any of these means, and must be represented by a lawyer or solicitor (or request legal aid, under the terms of the law).
- Further, under Reg. (EU) 524/2013 of the European Parliament and of the Council, the User can access the Resolution Platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Online Litigation (RLL), where information is provided on the possibility of using it to resolve your disputes.
- The Consumer Portal (www.consumidor.pt) also provides information on the Alternative Dispute Resolution Entities available for the promotion of extrajudicial resolution of national and cross-border disputes under Law No. 8 September, with subsequent amendments, when they are initiated by a consumer against a supplier of goods or services and respect contractual obligations resulting from contracts for the purchase and sale or provision of services, entered into between a supplier of goods or established service provider and consumers residing in Portugal and the European Union.
THE USER DECLARES TO HAVE READ AND UNDERSTANDED THE PRESENT GENERAL CONDITIONS, AS WELL AS THE POLICIES TO THEM ASSOCIATED, AND DECLARES THAT IT HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE, BEFORE ACCEPTING THEM. ALSO, USER ACKNOWLEDGES THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN USER AND BROOLLS, WHICH DERAILS ANY PREVIOUS WRITTEN OR ORAL PROPOSAL OR AGREEMENT, AND ANY OTHER COMMUNICATION BETWEEN USER AND BROOLLS, CONCERNING THIS CONTRACT OR THE SCOPE OF THIS CONTRACT.
Terms and Conditions updated to 2022 / 12 / 19
- Company’s Information