Welcome to Möm(e) family at www.momeportugal.com (“Möm(e) website”, “website”, “site”), owned and operated by Kindlysilver Unipessoal, Lda (“Möm(e)”, “we”, “us”, “our”).
1. Scope and object of the general conditions of the store
The present general conditions are intended, with the order form and other elements referred there, to regulate the terms and conditions by which to regulate the services of Möm(e), Retail sale by mail or Internet, with head office on RUA André de Castro 347 2º Dt, 4400-021, Vila Nova de Gaia, under the unique registration and identification number of legal person nº 514 783 435, hereinafter referred to as “Möm(e)”.
The service consists of availability, through https://momeportugal.com to the online store which, in addition to providing information regarding a set of products and/or services, allows the User to electronically order the products disclosed in the store, in the Terms and Conditions described here.
The order must be placed by Users with age equal to or over to 18 (eighteen) years old (individuals under this age must have authorization by their representatives). The information transmitted by the User possesses full legal effects, the User recognizing the electronic purchases cannot claim the lack of subscription for non-compliance with the obligations assumed.
2. Product and Content Information
“Möm(e)” will make every effort possible to introduce the information without typographical errors, and that will be quickly corrected whenever they occur. In case you acquire a product with different features from the ones present online, you have the right to terminate the purchase contract in the applicable legal terms (right of free resolution – see point 9 ).
“Möm(e)” will make every effort possible to send all the ordered products, but it’s possible that, in some cases and by causes not controllable to “Möm(e)”, as human errors or impact on computer systems, it may not be possible to make available some of the products ordered by the User. In case some products are not available after you make the purchase, you will be warned, by email or telephone call. At that point, you will be able to cancel the order with a refund, in case you already made the payment.
All the information on prices, specifications, promotional actions, and services may change at any moment by “Möm(e)”.
3.1 All products and services sold in the Online Store “Möm(e)” are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however, “Möm(e)” will not be responsible for any losses suffered by the User and/or by third parties, due to delays, interruptions, errors, and suspensions of communications that originate from factors outside of its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from downloading (“download”) through the service infected files or containing viruses or other properties that may affect the User’s equipment. If for any reason of error in accessing the online store website “Möm(e)” it is impossible to provide the service, “Möm(e)” will not be responsible for any losses.
3.3 The queries of data and information made within the scope of this Service are presumed made by the User, “Möm(e)” declining any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 “Möm(e)” will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to you as a fraud or serious fault.
3.5 “Möm(e)” is not responsible for the damages or damages resulting from the non-fulfillment or defective fulfillment of the Service when this is not directly or indirectly attributable to you by way of intent or serious fault, and is not responsible in particular for (i) errors, omissions or other inaccuracies regarding the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property; (iii) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities; or (iv) for non-compliance or defective compliance that results from the occurrence of situations of greater force, that is, situations of an extraordinary or unpredictable nature, outside of Möm(e)” and that cannot be controlled by it, such as fires, power cuts , explosions, wars, riots, civil uprisings, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controlled by “Möm(e)” that prevent or hinder the fulfillment of the obligations assumed.
3.6 “Möm(e)” does not guarantee that:
- i) the Service is provided uninterruptedly, is safe, without errors, or works infinitely;
- ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to it;
- iii) any material obtained in any way through the use of the Service is used at the User’s own risk, who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that operation.
- iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7 The User accepts that “Möm(e)” can in no way be held responsible for any damage, including, but not limited to, damage from loss of profits, data, content, or any other loss (even if it has been previously advised by the User on the possibility of the occurrence of such damages), resulting:
- i) of the use or inability to use the Service;
- ii) the difficulty of obtaining any substitute for goods/services;
- iii) unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1 The User commits to:
- i) Provide correct personal data and addresses;
- ii) Don’t use false identities;
- iii) Respect the imposed order limits.
4.2 If any of the data is incorrect or insufficient, and for that reason, there is a delay or impossibility in the processing of the order or eventual non-delivery, the responsibility lies with the User, and “Möm(e)” declines any responsibility. In the event that the consumer breaches any of these obligations, “Möm(e)” reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available at the same time by “Möm(e)” to the same User; and, still, not allow the User’s future access to any or any services provided by “Möm(e)”.
4.3 It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of reselling goods.
5. Privacy and Protection of Personal Data
5.1 “Möm(e)” guarantees the confidentiality of all data provided by Users.
5.2 The personal data identified on the order form as mandatory supply are indispensable for the provision of the Service by “Möm(e)”. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service by “Möm(e)”.
5.3 The User’s personal data will be processed and stored by computer and are intended to be used by “Möm(e)” within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for their commercialization.
5.4 Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right of access, the right to forget, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes foreseen in the previous number, and for this purpose, contact the entity responsible for the processing of personal data: “Möm(e)”.
5.5 The Internet is an open network, so the User’s personal data, other personal information, and all the content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for the effect, and “Möm(e)” cannot be held responsible for such access and/or use.
6. Cookies Policy and Advertising
How we use “Cookies”
6.1 What are “Cookies?
“Cookies” are small software tags that are stored on access devices through the browser (browser), retaining only information related to preferences, not including, as such, personal data.
6.2. What are “Cookies” for?
Cookies are used to help determine the usefulness, interest, and number of uses of the websites, allowing for faster and more efficient navigation, eliminating the need to repeatedly enter the same information.
6.3. What kind of “Cookies” are there?
There are two groups of cookies that can be used:
Permanent cookies – these are cookies that are stored at the browser level on access devices (PC, mobile and tablet) and that are used whenever you make a new visit to the “C.C.” website. They are generally used to direct navigation to the user’s interests, allowing a more personalized service to be provided.
Session cookies – are temporary cookies that remain in the browser’s cookie file until you leave the website. The information obtained by these cookies is used to analyze traffic patterns on the web, allowing you to identify problems and provide a better browsing experience.
6.4. For what purposes do we use “Cookies”?
Strictly necessary cookies – Allows browsing the website and using applications, as well as accessing secure areas of the website. Without these cookies, the required services cannot be provided.
Analytical cookies – They are used anonymously for the purpose of creating and analyzing statistics, in order to improve the functioning of the website.
Functionality cookies – Keep the user’s preferences regarding the use of the website, so that it is not necessary to reconfigure the website each time you visit it.
Third-party cookies – Measure the success of applications and the effectiveness of third-party advertising. They can also be used to customize a widget with user data.
Advertising cookies – Target advertising according to the interests of each user, in order to target advertising campaigns taking into account the tastes of users, and, in addition, limit the number of times you see the ad, helping to measure the advertising effectiveness and the success of the website organization.
6.5. How can you manage “Cookies”?
All browsers allow the user to accept, refuse or delete cookies, and also inform the user whenever a cookie is received, namely by selecting the appropriate settings in the respective browser. The user can configure cookies in the “options” or “preferences” menu of his browser.
Note, however, that by disabling cookies, you can prevent some web services from functioning correctly, affecting, partially or totally, the navigation on the website.
7. Order cancellation
7.1 At the request of the user
The User may cancel his order by requesting it from “Möm(e)” through the telephone number or email referring to the order number, which will be accepted as long as the order has not yet been processed. After processing, “Möm(e)” will attempt to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation the User must indicate the following data to “Möm(e)”:
- a) Order number
- b) Fiscal number (NIF) by which the order was made and delivery address
7.2 At the request of “Möm(e)”
“Möm(e)” reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. “MöM (E)” reserves the right not to process any order or refund, in the event of errors in the values and / or characteristics of the products, when these result from technical problems or errors beyond “Möm(e)”.
8. Return (Right of Withdrawal)
In the terms of DL n.º 24/2014, February 14th, changed by the law 47/2012, July 28th and by DL n.º 78/2018, October 15th, Consumers, whose definition is provided for in the aforementioned legal instrument, have the right to freely terminate the contract, up to 14 days after receipt of the order, without any need for justification.
To exercise the right to freely terminate the contract, the Client has the following options:
- If you have not yet received the “Order Shipping Confirmation” email, clearly expressing your desire to cancel the order via the email address […] or the contact form available on our website.
- If you have already received the “Order Shipping Confirmation”, you must wait for it to be delivered, then fill out the return form and return the order.
8.1. Effects of free termination of the contract. Whenever the right of free withdrawal is exercised by the Customer before the end of the 14-day period for this purpose, it will be fully refunded of the price paid for the products and the respective delivery costs.
Upon receipt of the products returned to our facilities, we will proceed to check them, ensuring that they are complete and in the same condition in which they were shipped. After the referred verification, without any problem being detected, we will proceed to the refund of the amount paid through the same payment method used by the Client for the original transaction.
“Möm(e)” reserves the right to refuse to return any product that has not been previously delivered to you, or that, if it is not in the same condition as it was shipped.
8.2 Contractual right to return products. Upon receipt of the products, the Customer may return and/or exchange them, as indicated below. This right can be exercised for all products purchased or only for some of the products included in one order.
The Customer has 30 days, counting from the date of delivery of the respective order, to return the products purchased online. For this purpose, you must complete the return form, and send the respective product to our facilities. As defined in point 8.1.1, the Customer will be responsible for ensuring the delivery of the products to the facilities of “Möm(e)”, not accepting any returns sent for collection.
Upon receipt of the returned order, “Möm(e)” proceeds to check the conformity of the products in question and, being accepted, the respective return.
8.3 Conditions for exercising the contractual right to return products. The contractual right to return products applies exclusively to products that can be returned under the same conditions in which the Customer received them. There are no exchanges or returns for products that have been used, or whose labels have been removed and/or cut, or that have damage attributable to the Customer.
Any alteration of the products beyond the simple opening of the respective packaging invalidates the possibility of return or exchange.
Products must be returned using or including, cumulatively:
- Original package;
- The order confirmation number and/or copy of the invoice/receipt;
- The return form duly completed;
- All product labels and packaging.
Once the returned products are received, our services will proceed with the verification, checking if they are in the exact conditions in which they were shipped, namely with all the labels and constituent parts/accessories, without having been used and without any damage caused by the Client.
After validating the status of the products, “Möm(e)” analyzes the original order and the return form, validating or rejecting the respective return.
If all the conditions described above are not met, the return will be refused and communicated to the Customer by email, which will also indicate the reasons for the rejection of the return. The Customer has the option to request the reshipment of products not accepted for return, assuming the respective reshipment charges.
9. Size Change
The photographs presented on the Website are for illustrative purposes only. As such, “Möm(e)” recommends that the Customer consult the detailed description of the products in order to fully understand the respective characteristics.
Without prejudice, and if the product purchased does not correspond to the appropriate size, the Customer has the possibility to request a change of size at the store “Möm(e)”.
10. Price and Payment
The price of the products will be the one stipulated on our website, except in the case of an obvious error. While we make every effort to ensure that the prices posted on the website are correct, there may always be errors. In case of an error in the price, “Möm(e)” informs the Customer immediately, giving him the option to confirm his order with the correct price or cancel it. If it is not possible to contact the Customer, we will consider the order as canceled and all amounts paid will be refunded in full. The prices shown include VAT at the legal rate in Portugal.
To these prices will be added the applicable postage depending on the destination, as foreseen on the website under “Shipping Prices”.
The prices shown can be changed at any time, and any changes will not affect orders for which the “Order Confirmation” has already been sent.
You can make the payment via bank transfer or PayPal.
The finalization of the purchase and the consequent “Order Confirmation” is only possible after payment through a valid payment method.
11. Intellectual Property
11.1 The Store is a registered website and the Service provided by the website itself is the responsibility of “Möm(e)”.
11.2 The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable legislation.
11.3 The User acknowledges that any content contained in the advertising, highlighting, promotion, or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property and other property protection laws, therefore any use of such content may only take place under the express authorization of the respective owners.
11.4 The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission, or placement available to the public of such content or any other unauthorized acts which have the same content as their object.
12. Service Security Conditions
12.1 The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illicit or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of “Möm(e)” suspending or deactivating the Service under the terms set out in point 14.
12.2 The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and as such, subject to computer overloads, so “Möm(e)” does not guarantee the provision of the Service without interruptions, loss of information or delays.
12.3 “Möm(e)” also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of greater strength (situations of an extraordinary or unpredictable nature, outside of “Möm(e)” and which by cannot be controlled).
12.4 In the event of an interruption in the provision of the Service due to unforeseeable overload of the systems on which it is supported, “Möm(e)” undertakes to regularize its operation as soon as possible.
13. Suspension and deactivation of the Shop Service
13.1 Regardless of any prior or subsequent communication, “MöM (E)” may, at any time, and in its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
13.2 “MöM (E)” further reserves the right to suspend or terminate access to the Service immediately, in the following cases:
- When the user does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
- When “Möm(e)” ceases access to the Store, by giving 15 days prior notice of the termination date.
13.3 The suspension or termination of the Service by “Möm(e)”, under the terms of the previous paragraphs, regardless of the User’s or third party’s right to any compensation, and “Möm(e)” cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, annulment, cancellation of the Service.
13.4 In the situations described above, “Möm(e)” will inform the User, previously so that he can, if he wishes, safeguard the contents of his order viewing area within 3 (three) working days from the sending of the e-mail or information availability on the main page of the Service.
14.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or telephone contact.
14.2 The User agrees to receive any and all communication and/or notification related to the Online Store, to the address, contact telephone number, and/or email address (“email”) indicated in the ordering process.
At any time, you can request the non-receipt of these communications and/or notifications through the Contact Form or through the option “Do not receive the Newsletter” registered in each Newsletter.
15. Technical Settings
15.1 Without prejudice to the provisions of the following number, “Möm(e)” may change the Service and / or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 days in advance.
15.2 The version at all times in force of these General Conditions and its annexes is available on the website https://momeportugal.com
16.1 Whenever “Möm(e)” deems it necessary or convenient to optimize the browsing experience and/or improve the connectivity conditions, it can remotely reformulate the network settings.
16.2 Without prejudice to the provisions of the following paragraphs, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, “Möm(e)” may change its technical configurations whenever it proves convenient to adapt it to eventual technological developments.
16.3 However, “Möm(e)” does not guarantee the User to carry out any upgrades or improvements in the Service.
16.4 Some updates or new features of the Service may only be available against payment by the User and/or subscription, by the same, of Specific Conditions of use.
17.1 The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as to complain to the “Möm(e)” of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
17.2 The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the information systems of “Möm(e)” who must decide the complaint and notify the interested party within the maximum period thirty (30) days from the date of receipt.
18. Full Agreement
These conditions, including the Privacy and Cookie Policies, constitute the complete agreement between the Client and “Möm(e)” regarding the use of the website. The policies are an integral part of the present conditions, the two can not be separated.
“Möm(e)” may, at any time, update, modify or replace any part of these Conditions and the Policies associated with them, announcing them in its own place on the website’s entry page or via email, being also the responsibility of the Client periodically check this page to be aware of any changes, the new version always prevailing over any previous version.
The Customer acknowledges and accepts that continued access and use of the website and associated services after the publication of any updates, modifications, or substitutions to the Website Conditions and the Policies associated with them constitutes an acceptance and agreement with such updates, modifications, or substitutions.
19. Applicable Law
The Contract is governed by Portuguese law.