Terms of service
TERMS AND CONDITIONS
These terms and conditions govern transactions carried out on the website https://www.achega.com/ (the "Website") and represent, for all legal purposes, a legally binding agreement between you (hereinafter the "Client") and the company JOSÉ COELHO ACHEGA, FILHOS, LDA, a private limited company with its registered office at Rua dos Fanqueiros, n.º 190, r/c, 1100-232 LISBOA, parish of Santa Maria Maior, municipality of Lisbon, with a fully subscribed and paid-up share capital of €150,000.00 (one hundred and fifty thousand euros), an entity with its documents fully in electronic format, with the single registration and legal person identification number 500 760 594 (hereinafter "Achega"). Please read these terms and conditions carefully before completing your purchase on the Website. All Items offered for sale shall hereinafter be referred to as "Item" or "Items".
Buying process
1. Items can be purchased by clicking on the items you wish to purchase and following the instructions on the screen (the "Website");
2. After making an offer to purchase, the Customer will receive an e-mail from us confirming the offer made and assigning it a reference number; all offers are subject to acceptance by us;
3. If the item ordered is not available, the Customer has the right to cancel the purchase; if your order contains several items and only one of them is unavailable, we will inform you accordingly; the rest of your order will be processed and shipped within the indicated time limit;
4. After payment S, the Customer will receive a confirmation e-mail (the "Confirmation E-mail");
5. The purchase contract for the item or items in question will only be formed when the Customer receives the Confirmation E-mail;
6. Once the contract has been concluded, Achega is obliged to supply the items that the Customer has ordered. If there are any stock problems that we were unable to verify before payment, Achega will immediately contact the Customer through the shared contacts in order to refund the payment or, if the Customer so requests, exchange the product.
Order Cancellation
Achega has the right to refuse any offer to purchase, in particular for the following reasons:
1. If you suspect that the Client is a minor;
2. The item is no longer in stock;
3. The billing information is not correct or verifiable;
4. Unable to deliver to the address indicated by the Customer.
Delivery of articles
1. The Customer will receive their items by post or courier;
2. For deliveries by post and by carrier, Achega will use its best efforts to ensure that the items purchased by the Customer are delivered within the period indicated in the Confirmation E-mail or, if no period is indicated in that E-mail, within the following periods:
Mainland Portugal - 3-5 working days from the date of the Confirmation E-mail;
Madeira and Azores - 8-10 working days from the date of the Confirmation Email;
○ European Union-7-8 working days from the date of the Confirmation Email;
Outside the European Union - 7-8 working days from the date of the Confirmation Email.
3. The above deadlines are merely indicative, but Achega will make every effort to ensure that they are met, even if compliance does not depend solely on you, considering the intervention of third parties in the process of delivering the Articles;
4. The shipment of Articles to addresses in countries outside the European Union, or to countries with customs and fiscal policies different from those of the European Union, may be subject to taxes, customs duties and fees levied in the country of destination, the payment of which will be the sole responsibility of the Customer.
Item descriptions and prices
1. The information on the Website may not always be up-to-date and/or complete;
2. Item availability is limited to existing stock;
3. Achega makes every effort to reproduce the colors and images of the Articles that appear on the website as faithfully as possible, but does not guarantee that the devices used by the Customer to view these images will reproduce them faithfully;
4. Achega has the right to condition the sale of Articles on the grounds of the Customer's age or geographical location;
5. All item descriptions are subject to change at any time and without prior notice. We reserve the right to discontinue the sale of one or more Articles at any time.
Prices
1. Without prejudice to the right of withdrawal referred to below, Achega gives the Customer the possibility of exchanging the Items purchased within 15 (fifteen) days of delivery;
2. The right to exchange items is only granted to items that are part of a "new collection", so items from old collections will not be exchanged; "new collection" means any collection that is available for sale on the Website plus it is stated that "online promotions and sales" or "website exclusive collections" cannot be exchanged in our physical stores.
3. Items will only be exchanged if they are returned in the same condition as they were received by the Customer;
4. To exercise the right to exchange provided for in the preceding paragraphs, the Customer may return to the order on our Website and select the "Return" field or, alternatively, send an email to the address loja@achega.com, attaching a copy of the Confirmation Email, indicating the Items for which they wish to exchange the Items purchased;
5. The Customer may also exercise the right to exchange by the means referred to for returns in the previous point, in which case Achega will issue a voucher, with a code equivalent to the value of the item purchased, which the Customer may use within 1 (one) year of its issue. Alternatively, the Customer may go directly to an Achega store, with the exceptions described above in the previous articles.
6. Once an exchange has been accepted under the terms of the previous paragraphs, the Customer will be informed by e-mail or in person at the store;
7. In cases where the exchange is not made in store, in person, the Customer, upon receipt of the e-mail referred to in the previous paragraph, must seal the order and Achega will collect it via a carrier, with the return costs being borne by the Customer; Achega will then process the exchange request and issue the Customer with a voucher for the value of the order, which can be used within 1 (one) year of its issue;
8. C The cost of returning an item by courier will always be borne by the Customer and they will be asked to pay postage of €4.90, which will be deducted from the amount paid for the purchase. The purchase price, minus the shipping costs, will be refunded when the item arrives at our premises in perfect condition:
9. Items must be sent with all the accessories and materials that are part of them, including boxes and packaging materials. The Customer must also fill in a form sent by Achega with the order, specifying the items to be returned. In the event of a return, if the Customer has paid by ATM, they must indicate the IBAN for transferring the amount to be returned. In the event of an exchange, a voucher will always be issued for use by the Customer within 1 (one) year of the date of issue.
Payment methods
1. The Customer has the option of paying for their Order on the Website, under the conditions specified below. The Customer guarantees to Achega that they have the necessary authorizations to use the payment method they chose for their Order when registering the Order.
2. Bank cards
2.1. The bank cards accepted on the Website are as follows: Visa, MasterCard and American Express. These payment cards must be issued by a bank or financial institution located in the European Union.
2.2. All bank card holders are subject to validation and authorization checks by the card issuer. If the issuer of the Customer's payment card denies, or for any reason does not authorize payment on our behalf, before or after a payment, we will not be liable for any delay or non-delivery.
3. PayPal, Google Pay, Apple Pay and Shop Pay
3.1. You can use your PayPal, Google Pay, Apple Pay and Shop Pay accounts to pay for your orders on the Website.
4. Vouchers Achega
4.1. Achega vouchers are accepted as a form of payment on the Website, on one or more purchases until the value of the voucher is exhausted, and its value may be filled with another form of payment accepted by Achega.
5. Multibanco and MBWAY
5.1. The Customer may choose to pay by generating an ATM reference which must be paid within 2 days of submitting the order on the Website. If the Customer fails to make payment in good time, the order will be automatically canceled and the Customer will be notified by e-mail.
5.2. The Customer may also choose to pay via MBWAY.
6. Any order requires payment. Orders are paid for in euros, taxes and compulsory fees included. Any bank charges will be the responsibility of the Customer (including in the event of a refund).
7. Achega reserves the right to suspend or cancel the execution of any order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any amount owed by the Customer, in the event of payment incidents or in the event of fraud or attempted fraud relating to the use of the Website, including on the occasion of previous orders.
8. Security in payment transactions
8.1. To guarantee the security of payment by bank card on the Website, the Customer must transmit to Achega the security code (CVV) on the back of the card used for the purchase.
Right to Free Resolution
1. The Customer has the right to freely terminate this contract at any time, without having to invoke any reason, within 14 (fourteen) days of the date of the Confirmation Email;
2. If the Customer exercises the right referred to in the preceding paragraph, he/she shall be refunded the price paid for the Articles;
3. Requests for returns and refunds as a result of exercising the right of withdrawal should be sent to Achega by e-mail to loja@achega.com;
4. The item must be sealed by the Customer and Achega will collect it by courier;
5. Returns and refunds will only take place if the items are returned in the same condition as they were received by the Customer;
6. Items must be returned together with all accessories and materials belonging to them, including boxes and packaging materials;
7. The Customer must therefore ensure that the necessary care is taken of the Items to be returned while they are in his possession.
8. Any item that is damaged or altered, that is not in the same condition as at the time of delivery or that shows signs of improper use, beyond merely opening its packaging, will not be refunded;
9. The Customer will be responsible for paying the shipping costs when returning the item;
10. Achega has the right to refuse return and refund requests under the terms of the previous paragraphs, informing the Customer of its decision;
11. If the return and refund requests are approved, the Customer will be refunded the price they have paid and it will be credited to their account, without prejudice to the fact that the refund will occur differently if payment has been made by another means. In particular, if the Customer has paid by ATM, they must indicate the IBAN for transferring the amount to be refunded;
12. Shipping costs are non-refundable.
Legal guarantee
Below you will find all the information on the guarantee that we give to all our customers in accordance with the law:
1. Warranty period: 2 (two) years from delivery of the Articles to the Customer;
2. Warranty coverage: the legal warranty covers situations in which the articles do not conform. Non-conformity exists, among other things, in situations of "vice or defect" of origin, i.e. not caused, directly or indirectly, by improper or inadequate use of the goods. For more information on situations of non-conformity, we recommend consulting Article 2 of Decree-Law 67/2003;
3. Consumer rights: if there is a situation where the Article does not comply with the terms of Article 2 of Decree-Law 67/2003, the consumer has the right to have its conformity restored under the terms of Article 4 of Decree-Law 67/2003;
4. To restore conformity, the consumer can choose to demand:
○ Repairing the property;
○ The replacement of the good;
○ The right price reduction;
Termination of the contract.
5. The consumer can opt for any of the solutions indicated in the previous point, but with two limits:
○ It is impossible for Achega to implement such a solution;
The request constitutes an abuse of rights.
6. In order to exercise their rights, consumers must report the situation within two months of the date on which they discovered the lack of conformity.
7. Complaint procedure: in the event that it is possible to exercise the rights granted under the legal guarantee, the Customer must contact Achega by e-mail at loja@achega.com.
Responsibility
1. Before placing an order, the Customer declares that he or she has full legal capacity to enter into the commitments set out in these Terms and Conditions. Under no circumstances can Achega be responsible for verifying the legal capacity of its visitors and buyers. Consequently, if a person who does not have legal capacity orders products on the Achega Website, their legal representatives (parents, guardians) must assume full responsibility for that order and, in particular, honor the respective price.
2. Achega disclaims any and all liability for direct or indirect damages, whether foreseeable or not, caused as a result of using the Website. Should Achega be held liable for any damage suffered by the Customer and attributable exclusively to the placement of an order, this shall be limited to the value of the order paid by the Customer to Achega.
Personal Data Protection
Achega collects personal data from the Customer and, if applicable, the recipient of the Order, for the purposes of managing the order. The purposes and conditions under which Achega collects and processes personal data are duly described in the Website's Privacy Policy, which you can consult here.
Changes to the Terms and Conditions
You can consult the latest version of these Terms and Conditions at any time on the Website;
Achega has the right, at its discretion, to update or change the content of these Terms and Conditions. It is the Client's responsibility to consult this document periodically in order to be aware of any changes that may have been made to it. The Customer's use of and access to the Website represents an expression of acceptance of the content of the Terms and Conditions.
Partial invalidity
If one or more provisions of these Terms and Conditions are annulled or declared void as such by application of any law, regulation or as a result of a final decision of a competent court, the remaining provisions shall remain in full force and effect.
No resignation
The fact that one of the parties does not claim against the other party for breach of any of the obligations referred to in these Terms and Conditions shall not be construed in the future as a waiver of the obligation in question.
Applicable law and jurisdiction
These Terms and Conditions and any other agreements through which we supply you with the Items we sell are governed by and construed in accordance with Portuguese law, regardless of the Customer's country of residence and place of placement of the Order. Any dispute concerning the existence, interpretation, performance or breach of the contract entered into between Achega and the Customer, even in the event of a plurality of defendants, shall, in the absence of mutual agreement, be submitted to the exclusive jurisdiction of the competent Portuguese courts in accordance with the rules established by the Portuguese Code of Civil Procedure.
Customers residing in the European Union who have experienced problems with their online purchases on the Website can use the European Union's system for out-of-court settlement of online disputes by visiting https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT.
Under the terms of the legislation in force, consumer disputes of low economic value (up to € 5,000.00) are subject to necessary arbitration or mediation when, at the express option of the Client, they are submitted to the arbitration court attached to the legally authorized consumer dispute arbitration centers in their area of residence.
