CONTRACT AND DISPUTE RESOLUTION
RIGHT OF FREE RESCISSION
According to Decree-Law no. 24/2014 of February 14, the consumer has 14 days after receiving the goods to proceed with the rescission of the contract and the return of the goods. To do so, the consumer must communicate to Poppers Store the decision to withdraw from the contract by an unequivocal statement (e.g. letter sent by mail, fax or email, in the latter case to the email address geral@tiendapoppers.com or use this form (click to access).
The right of free termination shall be exercised by sending the communication referred to in the preceding paragraph within 14 days. It is the sole responsibility of the consumer to prove that he/she has exercised the right of free resolution within the established legal deadline.
The consumer must, within 14 days from the date on which he communicated his decision to terminate the contract, return and deliver the products to the store where they were purchased.
In case of termination, it is the sole responsibility of the consumer to bear the cost of returning the goods.
In case of termination of the contract, all payments made (with the exception of additional costs resulting from the choice of a shipping method other than the least expensive normal shipping method offered by us) will be refunded, in any case, without undue delay.
Poppers Shop may withhold reimbursement as long as the goods are not received or as long as the consumer does not provide irrefutable proof of the return of the goods.
Without prejudice to the withholding provided for in the preceding paragraph, failure to comply with the obligation to reimburse within 14 days from the date of receipt of the resolution will result in a double return, without prejudice to the consumer's right to compensation for damage to property and non-property.
The consumer must keep the goods in order to be able to return them in proper conditions of use.
The exercise of the right of free resolution shall not prejudice the consumer's right to inspect, with due diligence, the nature, characteristics and functioning of the products.
The consumer will be responsible for the depreciation of the goods if the handling carried out to inspect the nature, characteristics and functioning of the goods exceeds the handling normally accepted in stores.
With the exercise of the right of rescission, the price paid will be refunded to the consumer less the amount corresponding to the depreciation.
If the depreciation is total, there is no place for any refund.
EXCLUSION OF THE RIGHT OF WITHDRAWAL FREE OF CHARGE
There is no right to free contract terminations in the following situations:
- supply of sealed products that cannot be returned for reasons of health protection or hygiene when opened after delivery;
- supply of sealed audio or video recordings or sealed software, when the consumer has removed the tamper-proof seal after delivery;
- supply of a newspaper, periodical or magazine, with the exception of subscription contracts for the delivery of such publications;
Without prejudice to the exercise of rights arising from the statutory warranty for consumer goods, the following types of products are excluded from the right of free resolution:
- Cosmetic, beauty and personal care products, underwear, food supplements, vitamins, products for intimate use.
- Audio and video recordings, discs and computer programs to which the consumer has removed the warranty seal of inviolability.
APPLICABLE LAW AND JURISDICTION
This contract is governed by Portuguese law and, for the resolution of any dispute, the jurisdiction of the District of Braga is competent, waiving any other.
In case of dispute, the consumer may resort to a Consumer Dispute Resolution Entity:
CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Faculdade de Direito da Universidade Nova de Lisboa - Campus de Campolide
CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Edifício Ninho de Empresas - Estrada da Penha
8005-131 Faro
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Av. Fernão Magalhães, n.º 240, 1º
3000-172 Coimbra
www.centrodearbitragemdecoimbra.com
Centro de arbitragem de Conflitos de Consumo de Lisboa
Rua dos Douradores, 116, 2º
1100-207 Lisboa
Contratos celebrados na Região Autónoma da Madeira
Rua da Figueira Preta, n.º 10, 3.º andar
9050-014 Funchal
centroarbitragem.sras@gov-madeira.pt
Centro de Informação de Consumo e Arbitragem do Porto
Rua Damião de Góis, 31 – Loja 6
4050-225 Porto
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave
Rua Capitão Alfredo Guimarães, n.º 1
4800-019 Guimarães
Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de
Consumo)
BRAGA: Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé)
4700 - 030 Braga
VIANA DO CASTELO: Av. Rocha Paris, nº 103 (Edifício Vila Rosa)
4900 - 394 Viana do Castelo
In the case of consumer online litigation, the consumer can use an online dispute resolution (ODR) system, an ODR platform, which has the power to resolve disputes regarding contractual obligations resulting from online sales or service contracts.
Access HERE to the Electronic Platform for Alternative Dispute Resolution in online sales or service contracts.
For Complaints - geral@buypoppersnet.com
More information at Portal do Consumidor www.consumidor.pt/