Terms &

Conditions

1. Scope and Purpose of the General Conditions of the Shop

Together with the order form and the other elements referred to in the General Conditions, these are intended to regulate the terms and conditions governing the provision of the Online Shop Service (“Service” or “Shop”) by Barboflex , located at Zona Industrial do Terço, Rua da Misericórdia nº188, 4410-528, Canelas, under the taxpayer number (NIF) 504547070.

The Service consists of the provision of access to the Online Shop through the hyperlink http://www.barboflex.pt, which, in addition to providing information on a set of products and / or services, allows the User to order the products disclosed therein by electronic means under the terms and conditions described herein.

The ordering of products must be made by Users aged 18 (eighteen) or over (individuals under this age must have authorization from their representatives). The information provided by the User undertakes full legal effects, so the User will recognize any electronic purchases made and will not claim the lack of signature for non-compliance with the obligations assumed.


2.
Product Information and Contents


Barboflex will make every effort possible to ensure that the information presented is free of typographical errors and will promptly correct them whenever they occur. Should a product whose characteristics are different from those displayed online be purchased, the User has the right to proceed to the resolution of the purchase agreement in accordance with applicable legal terms (right of free resolution - see paragraph 9).

Barboflex will do its best to ship all the ordered products. However, some products may be unavailable due to reasons not attributable to Barboflex, such as human errors or problems in the computer systems. If any product is not available after you have placed the order, you will be notified by e-mail or by phone. You will then be given the possibility of cancelling the order and have your refund, if payment has already taken place.

All information about price, products, specifications, promotional actions and services may be changed at any time by Barboflex.



3. Responsibilities

3.1 All products and services marketed at Barboflex Online Shop are in accordance with Portuguese Law.

3.2 The Shop has the adequate levels of security. However, Barboflex shall not be liable for any damages suffered by the User and / or third parties due to delays, interruptions, errors and breaches of communication that originate in factors beyond its control, such as any deficiencies or failures caused by the network or communication services provided by third parties, the computer system, modems, connection software, computer viruses or other properties that may affect your equipment. If Barboflex Online Shop is unable to provide service for any reason, Barboflex will not be liable for any damages.

3.3 Data and information queries made within the scope of this Service are presumed to be made by the User. Barboflex rejects any responsibility arising from the misuse or fraudulent use of the information obtained.

3.4 Barboflex shall not be liable for any loss or damage caused by abusive uses of the Service that are not directly attributable to it as fraud or gross negligence.

3.5 Barboflex shall not be liable for any loss or damage resulting from failure to perform or defective performance of the Service when it is not directly or indirectly attributable to it as a felony or gross negligence and is not responsible for (i) errors, omissions or other inaccuracies made available through the Service; (ii) damages caused by User’s or third party’s fault, including breaches of intellectual property, (iii) breach or defective compliance resulting from compliance with judicial decisions or administrative authorities, or (iv) failure or defective compliance with the occurrence of situations of force majeure, i.e. situations of extraordinary or unforeseeable nature external to Barboflex that can not be controlled, such as fires, power cuts, explosions, wars, riots, civil unrest, government decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by Barboflex that prevent or impair the performance of the obligations assumed.

3.6 Barboflex cannot guarantee that:

i) the Service is infinitely operational, uninterrupted, safe and flawless;

ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfils any expectations of the User;

iii) any material obtained in any way through the use of the Service is used at the User’s own risk. The User is solely responsible for any damage caused to his system and computer equipment or any loss of data resulting from such operation.

iv) no piece of advice or information, either oral or written, obtained by the User from or through the Service will create any guarantee not expressed in these General Conditions.

3.7 The User accepts that Barboflex can not, in any way, be held liable for any damage, including but not limited to, damage for loss of profits, data, contents or any other losses (even if previously warned by the User for the possibility of such damage), resulting from:

i) the use or the Service unavailability;

ii) the difficulty in obtaining any replacement for goods / services;

(iii) unauthorized access or modification of personal databases.


4. Consumer Obligations

4.1 The user undertakes to:

i) Provide correct personal data and addresses;

ii) not use false identities;

iii) Respect the established limits for orders.

4.2 If any of the data is incorrect or insufficient, thus leading to a delay or impossibility to process or deliver the order, the User shall be held liable and Barboflex will reject any responsibility. Should the consumer breach any of these obligations, Barboflex reserves the right to block the Users access to the shop and cancel future purchases and the provision of any other services offered simultaneously by Barboflex to the same User, as well as any of the services offered by Barboflex.

4.3 The use of products and services purchased for commercial purposes, namely for resale of goods, is strictly prohibited.



5. Privacy and Personal Data Protection

5.1 Barboflex guarantees the confidentiality of all data provided by the Users.

5.2 The required fields in the order form concerning personal data are indispensable for Barboflex to provide its Service. The omission or inaccuracy of the data provided by the User is of its sole and entire responsibility and may lead to the refusal to provide the Service by Barboflex.

5.3 The personal data of the User will be processed and stored electronically and are intended to be used by Barboflex in the scope of the contractual and / or commercial relationship with the User.

5.4 In accordance with the applicable legislation, the User is guaranteed the right to access, rectify and update his or her personal data directly or on written request without additional charges, as well as the right to oppose to their use for the intended purposes in the previous number, and for this purpose, contact Barboflex, who is responsible for the processing of personal data.

5.5 The Internet is an open network and the personal data of the User, other personal information and all content hosted in the Service may circulate in the network without security conditions, including the risk of being accessible and used by unauthorized third parties for this purpose. Barboflex shall not be liable for such access and / or use.


6. Order Cancellation

6.1 By the User:

The User may cancel the order by requesting it to Barboflex through telephone or email. The User will mention the order number and the cancellation will be accepted as long as it has not been processed yet. After processing the order, Barboflex will try to deliver it. However, the User has the option of not accepting it.

For cancellation purposes, the User must indicate the following data to Barboflex:

a) Order number

b) Taxpayer number and address provided in the order form

6.2 By Barboflex:

Barboflex reserves the right not to process any order if any inconsistency in the personal data provided or if any Buyers misconduct is noted. Barboflex reserves the right not to process any order or reimbursement if there are any errors in the values and / or characteristics of the products arising from technical problems or errors not attributable to Barboflex.


7. Returns (Right of Resolution)

7.1 In case of being a consumer, the User may claim the right of withdrawal without any compensation being demanded, within 14 (fourteen) days from the day on which the consumer acquires the physical possession of the goods.

To claim this right, he User may use the draft indicated here and must indicate all his / her identification data, the subscribed service that he / she intends to withdraw and the date of subscription. The communication shall be made by letter as the acquired good is returned or by any other suitable and provable means within the period stated above.

The consumer must return the goods to Barboflex under proper conditions of use within 14 (fourteen) days from the date of the communication of the withdrawal.

The packaging must be returned complete exactly as it was delivered, together with all the documentation received, namely, the following documents: sales invoice and proof of purchase. The packaging and the mentioned documents should be sent free of charge to the following address:

Barboflex
Zona Industrial dos Terços
Rua da Misericórda, nº188

4410-528, Canelas

Vila Nova de Gaia – Portugal

If another way to return the items is chosen, the shipping costs will be at the Users expenses.

7.2 The amount paid for the order (value of the sales invoice) will be returned to the User upon receipt of the returned item by Barboflex. If the User has benefitted from a promotional discount code, this amount will not be refunded, i.e. the refund will only be for the amount actually paid.

7.3 The way the refund is made will depend on the payment method used in the order. The payments made with credit card and PayPal are credited to their accounts. The refund is made to the indicated bank account when IBAN information is provided. Otherwise, the refund is made by check to the billing address. Reimbursement is made up to 14 days after receipt of the Users willingness to return the good and the return of the good itself.

7.4 Should the item sold lack any components, or if any of them are not in excellent condition, there shall be no refund of the price or shipping costs and the product will be re-sent to the initial shipping address.



8. Manufacturing Defect

8.1 In case of a manufacturing defect, that is to say, when malfunctions that lie beyond the scope of the guarantee are detected in equipment, the User must return it together with a copy of the invoice and complete the form “Request for Exchange / Return of Equipment “within a maximum period of 30 consecutive days from the date of invoice, to the following address:

Barboflex
Zona Industrial dos Terços
Rua da Misericórdia, nº188
4410-528, Canelas
Vila Nova de Gaia – Portugal

If another way to return the items is chosen, the shipping costs will be at the Users expenses.

8.2 The User must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) and that the components are in mint condition for the exchange to be made.

8.3 Should any of the above-mentioned elements be missing or not in mint condition, there will be no exchange and the product will be resent to the User again.



9. Warranty

9.1 All products available in the Shop are duly certified by the competent international organizations.

9.2 The products and accessories have a warranty period defined by the manufacturer, which, in the legal terms, lasts at least 2 (two) years. This period starts on the date of invoice of the equipment and can only be claimed upon presentation of a duly completed warranty certificate and / or proof of purchase (invoice).

9.3 The products will not be considered under warranty if they have exceeded the period defined by the manufacturer or if the defect has been caused by abnormal wear, improper installation, weather, lightning, negligence or accident, poor handling, moisture / liquid infiltration, use of non-original accessories and technical interventions by unauthorized personnel.

9.4 If the product fails and if it is under warranty, the User may contact the brands Customer Service Centre for the product to be repaired. However, proof of purchase and / or warranty is needed.

9.5 All faulty or broken-down accessories covered by the warranty must be sent to the following address with the corresponding proof of purchase and / or warranty:

Barboflex

Zona Industrial dos Terços

Rua da Misericórdia, nº188

4410-528, Canelas

Vila Nova de Gaia – Portugal

If another way to return the items is chosen, the shipping costs will be at the Users expenses. The User must always request proof of shipment from the Portuguese Postal Service (CTT).

9.6 If the product fails and if it the failure is not covered by the warranty, the User may contact the brands Customer Service Centre for the product to be repaired. However, proof of purchase is needed.


10. Intellectual Property

10.1 The Shop is a registered site and Barboflex is responsible for the Service provided by the site.

10.2 The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable laws.

10.3 The User acknowledges that any content appearing in advertising, prominence, sales or reference to any sponsor or advertiser is protected by copyright and related rights, industrial property laws and other property protection laws. Any use of such content may only occur with the respective owners’ consent.

10.4 The User undertakes to fully respect the rights referred to in the preceding paragraph, in particular by refraining from performing any acts that may violate the law or the above-mentioned rights, such as reproduction, marketing, transmission or making such content available to the public or any other unauthorized acts with the same purpose.


11. Service Security Conditions

11.1 The User undertakes to comply with all applicable legal provisions, i.e., not to perform or encourage illegal acts or offenses to good behaviour, such as sending unsolicited messages (spamming) thus violating all applicable laws to the processing of personal data and advertising communications by means of automatic calling devices. The User shall also observe the rules of use of the Service. If not, Barboflex will suspend or deactivate the Service in accordance to section 14.

11.2 The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by several users and therefore subject to computer overload. Barboflex does not guarantee the provision of the Service uninterruptedly nor without loss of information or delays.

11.3 At the same time, Barboflex does not guarantee the provision of the Service in situations of unforeseeable overload of the systems or force majeure (situations of an extraordinary or unforeseeable nature, external to Barboflex that can not be controlled by it).

11.4 In the event of interruption of the provision of the Service for reasons of unpredictable overload of the systems, Barboflex undertakes to solve the problem and return to its operation as soon as possible.


12. Shop Service Suspension and Deactivation

12.1. Regardless of any prior or subsequent communication, Barboflex may, at any time and in its sole discretion, stop the provision of the Service and / or part of the Service to one or all Users.

12.2. Barboflex also reserves the right to suspend or immediately cease access to the Service in the following cases:

a) When the User does not comply with the conditions of use referred to in section 4 and others referred to in the General Conditions;

b) When Barboflex ceases access to the Shop by giving a 15-day prior notice before the date of termination.

12.3. The suspension or termination of the Service by Barboflex according to the terms stated in the previous sections does not give the User or any third parties the right to any compensation. Barboflex can not be in any way held liable for any consequence resulting from the suspension or termination of the Service.

12.4. In the above-mentioned situations, Barboflex will communicate its decision to the User, so that he/she may save the contents of his/her purchase history within 3 (three) business days starting on the day the email is sent or the required information is made available on the Service homepage.


13. Communications

13.1. The notifications made to the User about the Service, including any changes to these General Conditions, may be made to the Users email address, by SMS, telephone or any other forms set forth in these General Conditions.

13.2. The User agrees to receive each and every notification related to the Online Shop on the address, telephone number and / or e-mail address provided in the ordering process.

The User may cancel the subscription of these notifications at any time, through the Contact Form or by clicking the option Do not receive the Newsletterprovided in each Newsletter.


14. Technical Settings

14.1. Without prejudice to the contents of the following paragraph, Barboflex may change the Service and / or the technical conditions for its provision, as well as the respective rules of use. However, Barboflex shall inform the User about such changes at least fifteen (15) days in advance.

14.2. The latest version of these General Conditions and their attachments are available at barboflex@barboflex.pt .


15. Website Usage

15.1. Barboflex may remotely reset the network settings every time it needs to optimize the browsing experience and / or improve the connectivity conditions.

15.2. Without prejudice to the contents of the following paragraphs, and bearing in mind the innovative nature of the Service and the technological developments to which it may be subject, Barboflex may change the technical settings of the Service whenever this proves convenient to adapt to any technological developments.

15.3. Barboflex does not, however, guarantee the User to perform any upgrades or improvements to the Service.

15.4. Some upgrades or new features of the Service may be available only after payment by the User and / or subscription of Specific Conditions of use.



16. Complaints

16.1. The User may submit any contractual conflicts to any competent arbitration and mediation entity, as well as complaint to Barboflex for acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2. The complaint must be submitted within a maximum of 30 (thirty) days, starting from the day the User becomes aware of the facts that support the complaint. Barboflex stores the complaint in its servers, comes to a decision about it and notifies the User within a maximum period of 30 (thirty) starting on the day the complaint is received.


These terms and conditions are governed by Portuguese law.
Date of this legal notice: June 2018