TERMS AND CONDITIONS OF DR. BAYARD′S ONLINE STORE

 

1. SCOPE AND OBJECT OF THE STORE′S GENERAL CONDITIONS

These General Conditions are intended, along with the order form and the other elements referred to therein, to regulate the terms and conditions governing the provision of Dr. Bayard′s Online Store Service (“Service” or “Store”) by Dr. Bayard, with head-office at Rua Gomes Freire, nº 10 A/B, 2700-428 Amadora, under the unique registration and juridical person identification number No. 502371501, with share capital of € 49,881.00, hereinafter called “Fábrica de Rebuçados Bayard, Lda”.

The Service consists of providing access to the Online Store through the address www.drbayard.pt which, in addition to providing information on a set of products and/or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions described here.

The ordering of products must be made by Users aged 18 (eighteen) or older (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects and the User recognizes the electronic acquisitions. The User cannot claim the lack of signature for non-compliance with the assumed obligations.

2. PRODUCT INFORMATION AND CONTENTS

Dr. Bayard will do everything possible so that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has different features from those presented online, you have the right to resolve the purchase contract under the applicable legal terms (right of free resolution – see point 9).

Dr. Bayard will do everything possible to ship all the ordered products, but it is possible that, in certain cases and due to causes difficult to be controlled by Dr. Bayard, such as human errors or incidents in computer systems, it is not possible to provide some of the products ordered by the User. If any product is not available after placing the order, you will be notified by e-mail or telephone. At that moment, you will be presented with the possibility to cancel the order with the respective refund, if you have already made the respective payment.

All the information regarding prices, products, specifications, promotional actions and services may be changed at any time by Dr. Bayard.

 

 

3. RESPONSABILITIES

3.1. All the products and services available in Dr. Bayard’s Online Store are in accordance with Portuguese Law.

3.2. The Store has adequate security levels, however Dr. Bayard 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 beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, computer system, modems, connection software or any computer viruses or resulting from downloading through the infected files service or containing viruses or other properties that may affect the User’s equipment. If for any reason of error in accessing the online website of Dr. Bayard′s Online Store it is impossible to provide the service, Dr. Bayard will not be responsible for any losses.

3.3. The information and data consultations made within the scope of this Service, are presumed to be made by the User. Dr. Bayard declines any responsibility arising from the abusive or fraudulent use of the obtained information.

3.4. Dr. Bayard will not be liable for any loss or damage caused by the Service misuse that is not directly attributable to it as misconduct or serious fault.

3.5. Dr. Bayard is not liable for losses or damages arising from the failure to perform or defective performance of the Service when this is not directly or indirectly attributable to it by way of misconduct or serious fault, and it is not responsible in particular for (i) errors, omissions or other inaccuracies regarding the information made available through the Service (ii); damages caused which are responsibility of the User or third parties, including violations of intellectual property (iii); 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 force majeure situations, namely, situations of an extraordinary or unpredictable nature, external to Dr. Bayard 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 that cannot be controllable by Dr. Bayard that prevent or hinder the fulfillment of its obligations.

3.6. Dr. Bayard does not guarantee that:

1. i) the Service will be provided in an uninterrupted, safe, error free manner or function infinitely;
2. 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, being solely responsible for any damage caused to their computer system and equipment or any loss of data resulting from that operation;

1. iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty that is not expressed in these General Conditions

3.7. The User accepts that Dr. Bayard cannot in any way be held liable for any damages, including, but not limited to, damages for losses of profits, data, content, or any other losses (even if previously notified by the User about the possibility of the occurrence of such damages), resulting from:

1. i) the use or inability to use the Service;
2. ii) the difficulty of obtaining any substitute for goods/services;

iii)  unauthorized access or modification of personal databases.

4. CONSUMER OBLIGATIONS

4.1. The User undertakes to:

1. i)  provide the correct personal data and addresses;
2. ii)  not to 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 Dr. Bayard declines any responsibility. If the consumer breaches any of these obligations, Dr. Bayard reserves the right to eliminate future purchases, block access to the store and cancel the supply of any other services provided simultaneously by Dr. Bayard to the same User; and, furthermore, it will not allow the User’s future access to any services provided by Dr. Bayard.

4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of resale of goods.

5. PRIVACY AND PERSONAL DATA PROTECTION

5.1. Dr. Bayard guarantees the confidentiality of all data provided by the Users.

5.2. The personal data identified in the order form as mandatory are indispensable for the Service provision by Dr. Bayard. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to Dr. Bayard’s refusal to provide the Service.

5.3. The User’s personal data will be processed and stored by computer and are intended to be used by Dr. Bayard within the scope of the contractual and/or business relationship with the User.

5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes provided for in the previous number, and for this purpose. To do so, he must contact the entity responsible for the personal data processing: Rebuçados Bayard, Lda.

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, and Dr. Bayard cannot be held responsible for such access and/or use.

6. ORDER CANCELLATION

6.1. At the request of the User

The User will be able to cancel his order by requesting Dr. Bayard through the telephone number or e-mail referring the order number, which will be accepted as long as the order has not yet been processed. After processing it, Dr. Bayard will attempt to deliver it, but the User has the option of not accepting it.

For cancellation purposes the User must provide the following data to Dr. Bayard:

1. a)  Order number;
2. b) TIN (Tax Identification Number) used when placing the order and delivery address.

6.2 By decision of Dr. Bayard

Dr. Bayard 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. Dr. Bayard reserves the right not to process any order or refund, in the event of errors in the values and/or features of the products, when these arise from technical problems or errors unrelated to Dr. Bayard.

7. RETURN (RIGHT OF RESOLUTION)

7.1. The User, in the case of being a consumer, can exercise the right of resolution without being required any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.

To exercise this right, the User may use the draft indicated below, and must indicate all his identification data, the subscribed service he intends to resolve and the subscription date. The communication must be made, by letter, through the return of the acquired good, or by another appropriate and susceptible means of proof within the period defined above.

The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to Dr. Bayard in proper conditions of use.

Draft for free resolution form (you must fill and return this form only if you want to resolve the contract)

– To [insert the name, the geographical address and, if necessary, the fax number and the professional′s e-mail address]:

– Through this message, I communicate/we communicate (*) that I am/we are resolving (*) my/our (*) purchase and sales contract regarding the following good/for the provision of the following service (*) – Requested at (*)/received at (*) –

Consumer′s name – Consumer′s address – Consumer′s signature (only if this form is notified on paper). (*) Erase what does not apply

The packaging must be returned complete, as it was delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document that proves the receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address:

Fábrica de Rebuçados Bayard, Lda

Rua Gomes Freire, nº 10 A/B

2700-428 Amadora

Portugal

If the User chooses other forms of return, the respective shipping costs will be his responsibility.

7.2. Upon receipt of the return at Dr. Bayard, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice). If you have used 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 method for refunding the amount depends on the payment method used in the respective order. If the payments are made by credit card and PayPal, these are credited to the respective accounts. In the remaining cases, when the IBAN information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is made until 14 days after the receipt of the desire for free resolution and the receipt of the return of the good.

7.4. In the absence of any of the sold item′s components, if any of them are not in excellent condition, there will be no price or shipping refund, and the product will be sent back to the initial shipping address.

8. MANUFACTURING DEFECT

8.1. In the event of a “manufacturing defect”, i.e., when defects are detected in products that, supposedly, do not fall within the scope of the respective warranty, the User must return the product, along with a copy of the invoice and the form “Order Exchange/Product Return” filled, within a maximum period of 30 consecutive days from the date of the invoice, to the following address:

Fábrica de Rebuçados Bayard, Lda

Rua Gomes Freire, nº 10 A/B

2700-428 Amadora

Portugal

If the User chooses other forms of return, the respective shipping costs will be his responsibility.

8.2. In order for the product to be exchanged, the User must ensure that the packaging is complete and contains all its components, in excellent condition.

8.3. In the absence of any of the elements mentioned above, or if any of its components are not in excellent condition, there will be no exchange and the product will be sent back to the User.

9.WARRANTY

9.1. All the products available in the Store are duly certified by the competent international entities.

9.2. The products have a warranty period defined by the manufacturer. This period is considered from the date of the product invoice and can only be exercised upon presentation of the duly filled guarantee certificate and/or proof of purchase (invoice).

9.3. The products that have expired the period defined by the manufacturer or have defects caused by wear are considered to be not covered under warranty conditions.

9.4. The products covered by the warranty, which have faults or defects, must be sent, with the respective proof of purchase and/or warranty, to the following address:

Fábrica de Rebuçados Bayard, Lda

Rua Gomes Freire, nº 10 A/B

2700-428 Amadora

Portugal

If the User chooses other forms of return, the respective shipping costs will be his responsibility. The User must always request the postal office receipt that proves the sending of the order.

10. INTELLECTUAL PROPERTY

10.1. The Store is a registered website and the Service provided by the website itself is Dr. Bayard′s responsibility.

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

10.3. The User acknowledges that any content in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding 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.

10.4. 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.

11. SERVICE SECURITY CONDITIONS

11.1. The User undertakes to comply with 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. The User must also comply with the rules for using the Service, under penalty of Dr. Bayard suspending or deactivating the Service under the terms provided for in number 14.

11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads, so Dr. Bayard does not guarantee the provision of the Service without interruption, loss of information or delays.

11.3. Dr. Bayard also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to Dr. Bayard and which cannot be controlled by it).

11.4. In the event of interruption in the provision of the Service due to unforeseeable overload of the systems on which it is supported, Dr. Bayard undertakes to regularize its operation as soon as possible.

12. SUSPENSION AND DEACTIVATION OF THE STORE SERVICE

12.1. Regardless of any prior or subsequent communication, Dr. Bayard 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.

12.2. Dr. Bayard further reserves the right to immediately suspend or terminate access to the Service, in the following cases:

1. a) When the User does not comply with the conditions of use referred to in number 4 and others referred to in the General Conditions;
2. b) When Dr. Bayard ceases the access to the Store, by giving a 15 days prior notice of the termination date.

12.3. The suspension or termination of the Service by Dr. Bayard, under the terms of the preceding paragraphs, regardless of the User’s or third party’s right to any indemnity or other compensation. Dr. Bayard cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, annulment or cancellation of the Service.

12.4. In the situations described above, Dr. Bayard will previously inform the User, so that he can, if he wishes, to safeguard the contents of his order viewing area within 3 (three) working days from the sending of the e-mail or making information available on the Service’s main page.

 

13. COMMUNICATIONS

13.1. Without prejudice to other forms of communication provided for in these General Conditions, the notifications related to the Service made to the User, including any changes to these General Conditions, may be made to the User’s e-mail address, by SMS or telephone.

13.2. The user agrees to receive any communication and/or notification related to the Online Store, to the address, telephone number and e-mail address indicated in the ordering process.

At any given 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.

14. TECHNICAL SETTINGS

14.1. Without prejudice to the provisions of the following number, Dr. Bayard may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and shall disclose to the User such changes with, at least, 15 (fifteen) days in advance.

14.2. The version in force at all times of these General Conditions and its attachments is available on the website www.drbayard.pt

15. COMMUNICATIONS

15.1. Whenever Dr. Bayard deems necessary or convenient to optimize the browsing experience and/or improve the connectivity conditions, it can remotely reset the network settings.

15.2. Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subjected to, Dr. Bayard may change its technical configurations whenever it proves convenient to adapt it to possible technological developments.

15.3. Dr. Bayard does not guarantee, nevertheless, to the User to carry out any updates 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 can submit any contractual dispute, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Dr. Bayard about acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2. 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 Dr. Bayard′s information systems, who must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.

17. APPLICABLE LAW

The Contract is governed by Portuguese law.