The following Terms and Conditions apply to all visitors and customers of the BMDFStore and all business transactions made through our digital platform.
This document sets forth the conditions associated with the use of this website https://www.bmdfstore.com, which will apply to natural and legal persons, as well as any transactions of a commercial nature carried out.
By accepting these Terms and Conditions, you declare that you have read, understood and fully agree with their content, so we advise you to carefully read these general terms and conditions before using our website.
By using this website the User/Customer is aware that they must comply with all terms and conditions and our privacy policy. Consequently, if you do not agree with any of our policies, you should not use this website.
These terms and conditions are intended to define the general conditions of sale, from the act of processing the order, to the various services provided, including payment methods and conditions of delivery of the goods.
We emphasize that, whenever justified, these terms and conditions may be unilaterally changed. Therefore, we recommend that you read it carefully and periodically.
If you have any questions regarding these terms and conditions or our privacy policy, the User/Customer may contact us by the following means:
- Email : support@bmdfstore.com
- Postcard: Arrotea Up, Freeing Box. Postcard 334-E, 8800-102 Luz Tavira, Algarve - Portugal
- Phone: +351 960 077 584< /p>
USE OF THE WEBSITE
Only registration on the site is allowed BMDFStore users legally capable of commercial purchase and who act only in their name and for their own account.< /span>
Any activity or participation by users under the age of 18 is illegal and will not be tolerated by BMDFStore. The access and use of the functions of the BMDFStore, directly or through an intermediary, is prohibited to all accompanied minors and adults, whose decreed measure prevents the execution of these businesses.
In the case of a legal person, the User/Client declares to be its representative, with powers to perform the act.
Using the platform da BMDFStore, and when placing orders, the User/Customer undertakes to comply with these terms and conditions, namely:
1 - Do not use the site for purposes other than obtaining information about the products and their conditions of sale and/or for their purchase;
2 - Fill out accurately, completely and truthfully all electronic forms relating to registration as a user, the formulation of orders and any others available on the website you may use;< /span>
3 - Keep your user code and password ('Password') to be saved and not disclosed to third parties;
4 - Do not use the website or any of the platforms and forms made available through it, to disclose illegal, illicit or offensive content of general principles of law, ethics and public order ;
5 - Refrain from using the website to carry out legally invalid queries or orders;
6 - Refrain from disclosing or disseminating any insulting, misleading, defamatory, obscene, xenophobic or discriminatory messages or information or that violates the right in any way the privacy or intellectual or industrial property of third parties, as well as any information that may be harmful to third parties or to the domain owner;
7 - Fully comply with all conditions of use of the website, as well as transactions and contracts entered into through it.
In order to be able to place product orders through the website BMDFStore, the User/Customer must pre-register as a user, by filling in the respective form available online.
The User/Customer is responsible for always keeping the data relating to his user registration up to date, including the details relating to his address. If the user believes, at any time, that the confidentiality of their data has been compromised, they must inform BMDFStore immediately through the contact info@bmdfstore.com .
A BMDFStore will not be responsible for delays in the processing of any order or loss thereof, due to error or insufficient data communicated by the User/Customer .
After registering as a user, the User/Customer can place orders using the "virtual shopping cart" and following all the steps, including those relating to payment.
A BMDFStore has no responsibility for transactions made with the user's account, whether or not they are recognized by the user.
A BMDFStore considers the user's session valid from the moment the login is performed with the correct username and password. From that moment the BMDFStore cannot be held responsible for unauthorized use or misuse of personal data.
If any user account activity that may be considered fraudulent and not in compliance with the activities contemplated in these Terms and Conditions is observed, or in case of verification of the occurrence of consumption patterns, or systematic repetitions, which may evidence the practice of irregular or illegitimate behavior, the BMDFStore reserves the right to investigate these same activities, transmitting to the competent authorities the results of the investigations by itself carried out, with whom you will collaborate and whose guidelines you will obey.
PRICES, FEATURES AND AVAILABILITY OF PRODUCTS:
If the information presented on the site does not correspond to the product's characteristics, the User/Customer has the right to terminate the online purchase and sale agreement, under the applicable legal terms and without prejudice to the conditions referred to below.
The User/Customer expressly accepts and declares to know the specifications of the products at the time of ordering, with these being accepted.
In case of erroneous information contained in the website of BMDFStore about the specifications of the products, which were reasonably understandable by the User /Customer at the time of order, this is not, in any way, opposable to BMDFStore< /b>.
The photographs presented on the site are merely illustrative. Therefore, we recommend that you consult the product details for better information about the respective characteristics of the items you wish to purchase.
Product prices and specifications are subject to change without notice. Despite the extreme attention of BMDFStore to keep all information up to date, some products may contain an incorrect price, so we will check prices whenever we process orders. If this happens, at the time of processing the order, the BMDFStore will inform the customer of this fact.
In this case the customer:
· The difference will be refunded if the advertised price is higher than the actual sales price;
· You can choose to cancel the order, or be informed of the effective price and keep your interest in it, pay the difference, if the effective price is higher than the advertised price.
A BMDFStore, under no circumstances, will be obliged to supply any product at a lower price (even after sending the order confirmation or its dispatch) if the error in the price is obvious and unambiguous, and this error could have been reasonably recognized by the User/Customer as being an incorrect price.
Indication of stock availability, as well as delivery deadlines, are merely indicative.
A BMDFStore not responsible for any discontinuation in production or sale of the products listed on your website.
If, due to unavailability of stocks or delays in processing or shipping the products ordered by the customer, it is impossible to fulfill the order within the specified delivery period, plus five days useful, a BMDFStore will contact the customer, who can choose to keep the order and accept the new delivery period indicated, or cancel it, and you will be refunded the amount you have already paid.
In accordance with the provisions of Decree-Law no. 7/2004 of 7 January (with the amendments conferred by Decree-Law no. 62/2009, of 10 of March and by Law no. 46/2012, of 29 August), on electronic commerce, a BMDFStore reserves the right to unilaterally cancel the order whenever there is a programming error, malfunction of the computers, as well as in the event that the contractual proposal arrives at its destination deformed and the error concerns an essential element of the contract.
The indicated price of the products is, unless an insertion error or otherwise indicated, the retail price (including VAT at the legal rate in force). The price of any purchase made through the website is valid for the day the order is placed and paid.
The advertised prices do not include shipping costs, which will be indicated to the User/Customer prior to order validation.
Shipping costs are included in the price when placing the order.
All data recorded by the BMDFStore constitute proof of the set of transactions carried out between the Seller and the final Consumer, being of the responsibility of BMDFStore to archive the electronic document in which the contract is formalized, obliging itself to keep it accessible.
ORDERING:
To order online:
1. Register or Login to enter your client area.
2. Browse through the pages of the online store and find the product(s) you want to purchase.
3. Add your favorite products to the shopping cart using the "Add to cart" button.
4. The moment you understand that you have already chosen all the products you want to purchase, navigate to the Shopping Cart page via the icon and complete the order by clicking on “Checkout”.
5. Pay via the electronic platform provided.
6. You will receive an email confirming the availability of the chosen product(s) and the order, as well as confirmation of the expected delivery time and respective means.< /p>
PAYMENT AND MEANS OF PAYMENT
You can make payments with:
· Bank Transfers;
· Debit cards;
· ATM Reference;
· MBWAY;
· PayPal
Orders become effective after payment, through one of the payment methods provided by BMDFStore for online purchases on the site. At no time will your bank details enter the computer system of the BMDFStore.
For electronic payments using credit cardsto or debit, ATM reference, as well as MBWAY®, a payment platform provided by SIBS is provided, which ensures service quality and the best security guarantees. You can consult this partner's Privacy Policy here.
You can also make payment through PayPal, payment platform provided by PayPal (Europe) S. a rl et Cie, S.C.A., which ensures the quality of service and the best security guarantees. You can consult this partner's Privacy Policy here.
We do not accept any payment method other than those mentioned.
ONLINE STORE SECURITY
The online store BMDFStore uses the latest and most robust security technologies available for encryption platforms. All payment information you provide will be encrypted, from the initial moment of your transaction, until the time the order is processed, and will not be saved on any public server.
Although we use highly evolved encryption software, any payment transmitted over the Internet, or via e-mail, runs some risks, namely when the Customer does not take the necessary precautions and does not assume the appropriate conducts of responsibility.
A BMDFStore cannot be held responsible for any damage suffered as a result of the use of electronic means of communication, including damage resulting from failures or delays in delivery electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmission.
SHIPPING AND DELIVERY
Where?
Only orders will be accepted with delivery address in Portugal excluding autonomous regions or Spain excluding the Balearic Islands.
Customer data must be completely and correctly filled. Its incorrect or incomplete filling may imply the non-shipment of the order or prevent the successful shipment and delivery, and the BMDFStore is not responsible for such fact. Any changes made to your account after placing an order will not be taken into account for that order, but only for future orders you place.
The presence of someone is essential to receive your order, as we only guarantee all the quality of the product up to the delivery time limit. After this time, we are not responsible for the quality and/or presentation of the product.
For your convenience, you can request that your order be sent to another address of your choice. Be sure to enter the full address, as well as a contact name (if different) and mobile phone number to facilitate immediate delivery of your order.
When?
After payment and confirmation of the order by BMDFStore on working days until 12:00, the delivery time for items purchased online is 2 to 3 business days for articles with immediate availability. In the case of payment and order confirmation by BMDFStore be done after 12:00 on weekdays or anytime at the end- On weekdays, the delivery time for items purchased online is 3 to 4 working days. All deliveries are made on working days only.
How?
Some of the data provided (Name, Address, Postal Code, City, Contact) will be shared with the partner responsible for the Transport service so that purchases can be delivered online. You will only be contacted if there is a problem with the delivery. Your data will not be used for any other purpose. For more information, see our Privacy and Personal Data Protection Policy.
How much?
To all orders placed on the BMDFStore onlinefor delivery in Mainland Portugal through the partner responsible for the delivery service Transport, the value of €8.00 in transport costs will be added, which will be offered by BMDFStore for purchases over €199.00.< /p>
TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS IN ONLINE PURCHASES
If the User/Customer is considered a consumer, under the terms defined in the consumer legislation, the risk of loss or damage to the goods sent for delivery by < b>BMDFStore transfers to the consumer when he or a third party appointed by him, other than the carrier, acquires physical possession of them.
In any other situation, the risk of loss or damage to the goods is transferred to the User/Customer upon delivery to the carrier of the goods.
Upon delivery, the User/Customer must verify the conformity of the goods, including the state of the packaging, informing the carrier of any damage detected, mentioning them in the transport note who signs.
If the goods show no visible damage at the time of delivery, but resulting from poor transport, the customer must, within 2 (two) days, preferably contact in writing, a BMDFStore to the following email address apoiocliente@bmdfstore.com.
Alternatively, you can contact a BMDFStore to the following number telephone: +351 960 077 584, available Monday to Friday from 9:00 am to 6:00 pm. (These times are subject to change).
RIGHT TO FREE RESOLUTION OF CONTRACT
Is important for the BMDFStore who is totally satisfied with the your purchase.
In this sense, in the case of the User/Customer of the products BMDFStore being considered a consumer, for the purposes of consumer legislation, and purchasing the products through the online store, you have the right to terminate the contract up to 14 (fourteen) days, counted in the following terms:
· From the day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer, acquires physical possession of the goods, in the case of purchase and sale contracts;
· On the day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer, acquires physical possession of the last good, in the case of several goods ordered by theconsumer in a single order and delivered separately;
· On the day on which the consumer or a third party, with the exception of the carrier, indicated by the consumer acquires physical possession of the last batch or item, in the case of delivery of a good consisting of several batches or items;
· On the day on which the consumer or a third party appointed by him, other than the carrier, acquires physical possession of the first good, in the case of contracts for the periodic delivery of goods during a certain period.
If the products have been purchased by a User/Customer who does not qualify as a consumer for the purposes of consumer legislation, the general rules apply.
If you are a consumer, you may exercise the right of free termination of the contract provided that the following conditions are met:
· Product purchase invoice presentation;
· The product must be delivered under the same conditions in which it was sold - with adequate quality and conditions, with no signs of consumption or perishing and packed in the respective packaging;
The request for termination of the contract must be made by sending an unequivocal statement of intention to terminate or, alternatively, the "Free Termination Model ” available here, mentioning the full name, order number, and must include photographic records of the product, in order to check its conformity.
The termination of the contract may be effected by one of the following means and addresses:
Email Address: apoiocliente< a href="mailto:apoiocliente@lunabuy.pt">@bmdfstore.com
Post Office: Arroteia Cima, Freeing Box. Postcard 334-E, 8800-102 Luz Tavira , Algarve - Portugal
If the User/Customer terminates the Agreement by email, the BMDFStore accuses, within 24 hours, the consumer of receiving the declaration of resolution.
If the User/Customer chooses to exercise the right of free termination of the contract by post, a notice of receipt of the termination declaration will be sent within 48 hours on durable support.
In the case of exercising the right of free termination, the User/Customer shall bear, in full, the costs of returning the goods.
The User/Customer is responsible for any devaluation of the value of the product(s) purchased after delivery.
In the same way, the User/Customer will be responsible for any defect or non-conformity verified in the product(s) caused by the transportation of the same, provided that this is not the responsibility da BMDFStore.
After exercising the right of free Resolution, the refund of the amount paid by the User/Customer, including, if applicable, the costs that he/she has paid for the delivery of the good at the time of the your purchase will be made after validation of compliance with the return conditions, within a maximum period of 14 (fourteen) days.
For amounts paid by Credit Card or PayPal, the refund will be made to the same payment method. In the case of amounts paid through Multibanco or MBWAY, the refund will be made by bank transfer, the User/Customer being asked for the IBAN during the refund process.
If the User/Customer wants the refund to be made through a different medium, he/she must, within 5 (five) days after sending the statement of termination of the contract, communicate your choice in writing, providing all the necessary information, by one of the following means:
Email Address: clientsupport@bmdfstore.com
Postcard: Arsh Up, Freeing Box . Postcard 334-E, 8800-102 Luz Tavira, Algarve - Portugal
Refund may be withheld until BMDFStore has received the goods given for return, or until the User/Customer presents proof of shipment of the goods , whichever comes first.
The User/Customer must return thes goods, without undue delay and no later than fourteen (14) days from the day you informed the BMDFStore of the free termination of the contract, considering that the same is respected if the User/Customer return the goods before the expiry of this period of 14 (fourteen) days, provided that sending the products by mail is possible, without their perishing, and a shipping method that ensures their quality and conservation must be adopted. In this case, the User/Customer will have to bear the full cost of returning the goods.
Postcard: Arshes Up, Freeing Box. Postcard 334-E, 8800-102 Luz Tavira, Algarve - Portugal
Excluded from the Right of Free Resolution, as described above, are the contracts of:
· Supply of goods made to customer specifications or manifestly customized;
· Supply of goods that, by their nature, cannot be returned or are likely to deteriorate or quickly become out of date;
· Supply of sealed goods not subject to return, for reasons of health or hygiene protection;
· Supply of goods which, after delivery and by nature, are inseparably mixed with other items;
· Any other exceptions contained in DL n.º 24/2014, of February 14, when and if applicable.
CONTINUANCE GUARANTEE
Products marketed to Users/Customers, considered consumers for the purposes of consumer legislation, are covered by the legal regime of Sale of Consumer Goods and related Warranties, approved by the Decree-Law nº 67/2003, of April 8, in its current version.
As a rule, the conformity of purchased goods is guaranteed for a period of two years from the date of delivery of the product(s).
If the purchased product presents any nonconformity, the User/Customer must communicate the situation, in writing, informing the order number and send a detailed description of the defect, including photographic records of it. You must do this by one of the following means:
Email Address: clientsupport@bmdfstore.com< /span>
Postcard: Arsh Up, Freeing Box . Postcard 334-E, 8800-102 Luz Tavira , Algarve - Portugal
Costs for the return or collection of items not in accordance with the contract, which are within the warranty period, will be borne by BMDFStore.
In case the lack of conformity of the good is proven, the User/Customer who is a consumer is entitled to have it replaced, free of charge, by means of repair or replacement , the appropriate reduction of the price or the termination of the contract.
The replacement of the product, its repair, the termination of the contract or the price reduction must be carried out within 30 (thirty) days after verification of the defect.
If the verification and evaluation of the product(s) result in signs of nonconformity, intentionally or negligently, attributed to the User/Customer, the same(s) (s) will not enjoy (enjoy) the aforementioned guarantees.
Request for replacement, price reduction or contract termination must be made by email to apoiocliente< span style="color: #2c9ffd;">@bmdfstore.com, detailing full name, order number, choice of replacement option, repair, price reduction or resolution of the contract and must include photographic records of the product.
In case of replacement, the BMDFStore sends a new product to the customer, which will be delivered upon collection of the damaged product, without this entails any charge for the Customer/User.
In case of termination of the contract, the BMDFStore schedules the collection of the product, and once the product is delivered to its facilities, a full refund of the value of the product will be made.
For this purpose, the User/Customer must indicate the bank details in the email so that the refund can be processed.
LIABILITY
All products sold on the website https://www.bmdfstore.com are in accordance with Portuguese legislation.
A BMDFStore is not responsible for damage resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or provision of services to the User/Customer.
Likewise, a BMDFStore cannot be held responsible if failure to fulfill its obligations is attributable to an unforeseeable or insurmountable fact of a third party, that is, arising from force majeure.
It is the sole responsibility of the User/Customer to keep the information of their Client account data correct and updated, through the Client Area of our website, or through our service Customer Support.
A BMDFStore disclaims any responsibility for any delay or impossibility of processing the order, namely in the act of delivery, arising from error or insufficiency or error of the data communicated by the User/Customer.
The item(s) sold are described and presented on the website as accurately as possible. If, despite all our precautions, errors occur on the website or in the catalogs of the BMDFStore, it will not be held responsible forsuch a fact.
Except in the case of application of the consumer legislation, explained above, any operation that takes place between a BMDFStore and its Users/Customers, uncontested by the appropriate channels, within a period of 6 (six) months, shall not give rise to any claim or liability from BMDFStore.
The User/Customer does not have the right to transmit, assign, record or, in any other way, transfer a contract or any of the rights and obligations arising therefrom for their benefit or to you, without prior consent, and in writing on the durable medium of the BMDFStore.
A BMDFStore may transmit, assign, record, subcontract or otherwise transfer a contract or any of the rights and obligations arising therefrom for your benefit or in your favor, at any time, during the term of the contract, provided that this does not diminish the contractual or legal guarantees of the User/Customer.
Not exercising any right to attend BMDFStore no corresponds to the waiver or limitation of these rights or actions, nor will it exempt the User/Client from the fulfillment of its obligations, reserving the possibility of exercising its rights within the legally foreseen period.
FORM OF COMMUNICATIONS
Under the applicable law, when using this website the User/Customer accepts that, as a rule, communications will be made in writing and in support durable.
In this sense, as a rule, contact with the User/Customer will be made through the e-mail address provided by the latter.
In addition, whenever necessary, a < b>BMDFStore will proceed with the placement of notices to Users/Clients on this website.
Therefore, the User/Customer accepts the use of electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically meet the legal requirement that such communications are in writing. This condition will not affect legally recognized rights.
EXTRAJUDICIAL RESOLUTION OF CONSUMER CONFLICTS:
In case of dispute, the User/Customer may resort to an Alternative Consumer Dispute Resolution Entity.
Updated lists of Alternative Dispute Resolution Entities, available pursuant to paragraph 2 of article 17 of Law No. 144/2015 of September 8, amended by Decree-Law No. 102/2017, of August 23, are available for consultation here.
If the transaction entered into between the consumer User/Customer and the BMDFStore has been completed through our website, in accordance with EU Regulation No. 524/2013, allows the User/Customer to try to resolve any dispute extrajudicially through access to the online electronic dispute resolution platform , by email http://ec.europa.eu/consumers/odr/< span style="font-family: Arial, sans-serif; font-size: 10.5pt;">.
More information at Consumer Portal.
APPLICABLE LAW. JURISDICTIONS OF PORTUGUESE COURTS:
The use of the website as well as the transactions, contracts and business entered into through it, and the interpretation and application of these general conditions, is subject to Portuguese law.
To settle any dispute arising from the use of the website, the transactions, contracts and business entered into through this website or the application of these general conditions, the Portuguese Courts are exclusively competent.
CUSTOMER SUPPORT
A BMDFStore has a customer support service. This service is intended to support the customer at any time in order to clarify any doubts related to the products and services of BMDFStore.
A BMDFStore has a complaints service for use by the customer. As its focus is customer satisfaction, a BMDFStore will do everything in its power to resolve any issues reported by the customer as soon as possible.
For the purposes of communication in the context of customer support and complaints, please be advised that the following means of contact are available:
Email Address: clientsupport@bmdfstore.com< /span>
Post Office: Arroteia Cima, Freeing Box. Postcard 334-E, 8800-102 Luz Tavira , Algarve - Portugal
Phone: +351 960 077 584
FINAL PROVISIONS
By using this website or placing an order through it, the customer is aware that he must comply with these conditions and our privacy and cookie policies. If you do not agree with them, you should not use this website. Please send feedback and suggestions to clientsupport@bmdfstore.com< /span>.
All rules described in this document, generically designated as "Terms and Conditions", may be updated regularly, being applicable from the time of publication, with the exception of actions already ongoing. It is therefore, at all times, bound by the rules, whenever ause the services available on our website. It is your responsibility to read it periodically, since the conditions in force at the time of using the website or entering into the contract are those that will apply. The Terms and Conditions described herein take precedence over any type of communication that may be made via e-mail, telephone or any other means of contact.
If you do not agree or accept these Terms and Conditions, you must not continue using the page or entering into the contract.
Any breach of these Terms and Conditions by the customer reserves the BMDFStore the right to unilaterally terminate any existing relationship
Version: 1.0 (7/21/2021)
ANNEX
MODEL REMOTE CONTRACT RESOLUTION FORM
(Please fill in and return this form only if you wish to terminate the contract)
To [fill in with the professional's name, geographic address and, if applicable, the professional's fax number and email address]:< /span>
By this communication / we communicate (*) that I have resolved / resolved (*) of my / our (*) purchase and sale agreement relating to the following good / the following goods ( *):
[indicate the goods purchased for which the contract is to be terminated].
This good was ordered on/ such goods were ordered on: [insert order date] and received on/ and received on [ indicate date of receipt].
Name of consumer(s): [indicate name]
Consumer(s) address(es): [indicate address]
Consumer(s) signature
Date
(*) delete as appropriate)