FREE SHIPPING: For mainland Portugal on orders over €75 | Islands (Madeira and Azores) and Europe subject to confirmation.
TERMS & CONDITIONS
This document governs the terms and conditions of use of this website and the agreement established between Palma & Palma and the user.
These Terms set out the rights and obligations of all users and of Palma & Palma regarding the goods/services made available on this website or on any other website to which there is a hyperlink/link.
Before pressing the "CONFIRM ORDER" button at the end of the ordering process, you must read these Terms carefully. If you do not agree with these Terms in their entirety, you must refrain from placing any order.
These Terms may be amended, so you should read them before placing any order. If you have any questions regarding these Terms, please contact us using our web page or through our electronic form.
Palma e Palma, Lda., operating under the brand name Palma e Palma, is a Portuguese company registered at the Faro Commercial Registry Office under no. 502675250, with registered office at Parque Multiusos Lote 4E, 8005-409 Faro. Our tax identification number is PT 502675250.
- Use of this website
These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in the event of an express agreement by the Seller, given previously in writing. These Terms are important to both parties, as they are intended to protect the rights of the user, in their capacity as customer, as well as our rights as Seller, and are intended to establish a legally valid agreement between the parties.
By placing an order, the user confirms that they have read these Terms, which they accept without reservation.
The user agrees that:
- They may only use this website to make legitimate inquiries or orders;
- They will not place any speculative, false or fraudulent orders. If we have reasonable grounds to believe that a particular order is of this nature, we reserve the right to cancel it and inform the competent authorities;
- They will be required to provide an email address, postal address, or details relating to another form of contact, that are correct and complete, and accept that the Seller may contact them using those details if deemed necessary;
- If they do not provide the Seller with all the information considered necessary, it may not be possible to complete their order.
By placing an order through this website, the user declares that they are over 18 years of age and have legal capacity to enter into contracts.
- Formation of the contract
The information contained in these Terms does not constitute an offer for sale, but merely an invitation to negotiate. No contract relating to the products mentioned shall be established between the Seller and the user unless the order has been accepted by the former (regardless of whether the user's account has been debited or not). If the order is not accepted after any debit has taken place from the user's account, the respective amount shall be refunded in full.
To place an order, you must follow the online purchase process and press the "CONFIRM ORDER" button.
After this, you will receive an email confirming that your order has been received by the Seller (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. The order constitutes only an offer to purchase one or more of our products. Any order is subject to acceptance by the Seller, which will always be confirmed by sending an email notifying the dispatch of the product(s) - Dispatch Confirmation.
The contract of sale between the Seller and the user ("Contract") will only be formalized upon communication of the Dispatch Confirmation. The Contract shall relate only to the products mentioned in the Dispatch Confirmation. The Seller shall not be obliged to supply any other products that may be part of the order until the shipment of those products has been the subject of another Dispatch Confirmation.
- Product availability
All product orders are subject to availability and, in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to provide information about substitute products of equal or superior quality and value that you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.
- Refusal of order
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Although we make every effort to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
The Seller shall not be liable to the user or any third party for the withdrawal of any product from this website, or for the alteration or removal of any materials or content from this website, nor for the refusal to complete the processing of or accept any order that has been the subject of an Order Confirmation.
- User's right of withdrawal - "Cooling off"
A user contracting as a consumer may freely withdraw from the Contract within 15 days from the date of delivery of the products. In this case, the user shall be reimbursed for the full price paid for the products, in accordance with the Returns Conditions (see clause 10).
Please see the Returns Conditions for how to proceed with returning products. The right to withdraw from the Contract shall only apply if the products are returned in the same condition in which they were received by the user. The user must return them with all instructions, documents and packaging materials. Any damaged product, not in the same condition in which it was received by the user, or showing signs of use beyond the mere opening of the respective packaging, shall not be refunded.
Please take due care in handling the product(s) while they are in your possession and keep the original boxes, instructions, documents and other packaging materials for subsequent return and collection of the products.
More detailed information about the right to withdraw from the contract and explanations regarding its exercise are covered in clause 10 of these Terms. This provision does not affect any rights arising by law.
- Delivery
Provided that the products are available (see clause 3), the Seller shall make its best efforts so that, except in exceptional circumstances, the products included in a Dispatch Confirmation are delivered to the user on the date indicated therein, or, if no date is indicated, within 15 days from the date of the Order Receipt Confirmation.
Possible reasons for delay include:
- Specialized products;
- Unforeseen circumstances;
- Delivery area.
If, for any reason, the Seller is unable to deliver on the scheduled date, the user will have the option of maintaining the order by extending the delivery period or cancelling it in exchange for a full refund. The user should note that, in either case, the Seller does not make deliveries on Saturdays, Sundays or public holidays.
For the purposes of these Terms, a "delivery" shall be deemed to have taken place or a product shall be deemed "delivered" upon signature of the delivery receipt at the agreed address.
Shipping costs are free on purchases over:
- 75€ - Mainland Portugal
Shipping costs to Madeira, the Azores and the rest of Europe are subject to confirmation.
- Risk and title
From the moment of delivery, the risks relating to the supplied product shall be borne by the user.
Ownership of the supplied products shall only pass to the user when the Seller has received full payment of all amounts due for the supply of the product, including delivery charges, or upon delivery, whichever occurs last.
- Price and payment
Except in the case of obvious error, the price of the products shall be that indicated on our website at any given time. Although the Seller seeks to ensure that all prices indicated on the website are correct, errors may occur. If the Seller finds that the price of a product included in an order is incorrect, it shall inform the user as soon as possible, giving them the option of reconfirming the order at the correct price or cancelling it. If it is impossible to contact the user, the order shall be deemed cancelled and the user shall be fully refunded for the price of the products, if already paid.
The Seller shall not be obliged to supply any product at an incorrect price (if lower), even if a Dispatch Confirmation has already been issued, if the error is obvious, unmistakable and should reasonably have been identified by the user.
The prices indicated on this website include VAT (where applicable), but do not include delivery costs, which shall be added to the final price.
When the user has finished shopping, all products they wish to purchase will be placed in their basket and the next step will be the checkout process and payment. For this purpose, the user must:
- Press the VIEW CART button at the top of the page;
- Press the CHECKOUT button;
- Fill in or confirm the details relating to their contacts, their order, billing address, shipping address, transport and payment method;
- Press the CHECKOUT button;
- Proceed with payment.
You may pay by VISA card, MB WAY, Multibanco or through a PayPal account. The Seller uses PayPal Business Services and the entity responsible for processing all payments.
By making payment, the user confirms that they are the holder of the card or PayPal account. The authorized amount will be debited at that moment.
Credit cards are subject to validation and authorization checks by the issuing entities, but if the card issuer does not authorize payment, the Seller shall not be liable for any delay or non-delivery and may not enter into the Contract with the user.
- Value added tax
In accordance with the rules and regulations in force, purchases made through this website are, where applicable, subject to Value Added Tax (VAT).
Retail sale prices, whether for an individual customer or a company, include, where applicable, Value Added Tax (VAT).
- Returns conditions
General return rule:
If the user wishes to return a product, they must confirm with the seller using the electronic form.
The user may return the product in the same package used in the first delivery. Whenever possible, the user should include with the returned product all original boxes, instructions/documents and packaging materials. The Seller will inspect the returned product. Any product that has been damaged, is not in the same condition in which the user received it, or shows signs of use beyond simply opening the packaging, does not entitle the user to a refund.
The user shall be responsible for transport costs - shipping costs, where applicable, and return costs.
*Except for pre-order products, for which returns are not possible.
Return due to withdrawal:
The user has up to 30 days after the date of delivery of the products to return them, without being required to provide any justification (except in the case of products marked as pre-order).
The user shall be responsible for transport costs - shipping costs, where applicable, and return costs.
Return of defective products:
If the user considers that the product supplied, at the time of delivery, does not comply with the Contract, they must promptly contact the Seller via the electronic form, informing them of the condition of the product and the respective defects.
The Seller shall inspect the returned product and inform the user by email, within a reasonable period, of the right to replacement or refund (if applicable). As a rule, the Seller proceeds with refund or replacement as soon as possible and, in any case, within 14 working days from the date of email confirmation that the user is entitled to a refund or replacement of the defective product. Products returned by the user due to defect, if this is confirmed, will be reimbursed in the full amount paid, including delivery expenses and return expenses. Any refund shall always be made using the payment method used for the purchase of the product. The refund shall take place as soon as possible and, in any case, within 14 working days from the date of notification of the return. These provisions do not prejudice any rights of the user arising directly from the law.
- Privacy policy
The Seller respects your privacy. Any and all information collected on the website shall be kept confidential and shall not be sold, provided or reused by third parties without your authorization. Any information provided to us shall be handled with care and used solely for the purpose of fulfilling your order and improving your experience on our website. Please consult the Privacy Policy.
- Liability and exclusions
The Seller's liability in relation to any product purchased through this website is limited exclusively to its purchase price.
No provision of these Terms has the effect of excluding or limiting the Seller's liability:
- For death or personal injury caused by its negligence;
- For fraud or fraudulent misrepresentation;
- In relation to any matter in which the exclusion or limitation, or the attempt to exclude or limit the Seller's liability, is unlawful.
Without prejudice to the provisions of the preceding paragraph, the Seller, to the fullest extent permitted by law and except where otherwise provided in these Terms, rejects any type of liability for indirect losses or damages which occur as a consequential effect of the main losses or damages, even if caused by unlawful act, contractual or non-contractual, including mere negligence, whether foreseeable or not, including by way of example:
- Loss of business;
- Loss of income or revenue;
- Loss of profits or contracts;
- Loss of profit;
- Loss of data;
- Loss of management time and operating hours.
Due to the open-network nature of this website and the possibility of error in the storage and transmission of digital information, the Seller does not guarantee the accuracy and security of information transmitted or obtained through it, unless expressly stated otherwise herein.
To the maximum extent permitted by law, the Seller assumes no warranty of any kind, although this does not imply the exclusion of liability that cannot legally be excluded under consumer rights. Nothing in this clause shall prejudice the user's statutory rights as a consumer, nor affect their right to withdraw from the Contract.
- Intellectual property
The user acknowledges and accepts that all copyright, registered trademark and other intellectual property rights relating to any and all material and content forming part of this website remain at all times vested in the Seller or its licensors. The user is permitted to use such material only to the extent expressly authorized by the Seller or its licensors. This does not prevent the user from using this website to obtain a copy of an order or of the terms of the Contract.
- Written communications
Applicable legislation requires that some of the information or communications sent by the Seller to users be in writing. By using this website, the user accepts that communication between them and the Seller shall take place mainly by electronic means. The Seller will contact the user by email or provide information by posting notices on this website. For contractual purposes, the user accepts this means of electronic communication and acknowledges that any contracts, notices, information and other communications that the Seller sends electronically satisfy the legal requirement that such communications be in writing. This provision does not prejudice any rights of the user arising directly from the law.
- Communications
All communications from the user to the Seller must be sent through the electronic form. Without prejudice to the provisions of clause 16, the Seller may communicate with the user either by email or by post to the address included in the order.
Any communication shall be deemed received when it is posted on the website, 24 hours after the sending of an email, or on the third day following the date of posting by mail. To prove the sending of a communication, in the case of postal mail, it is sufficient to prove that the respective letter was correctly addressed, stamped and posted, and in the case of email, that the email was sent to the email address indicated by the user.
- Assignment of rights and obligations
The Contract between the Seller and the user shall be binding upon the parties and their respective successors and assigns.
The user may not transfer, assign or encumber their contractual position, or by any other means dispose of the Contract or any rights or obligations arising from it, without the prior written consent of the Seller.
The Seller may transfer, assign or encumber its contractual position, subcontract or by any other means dispose of the Contract or any rights or obligations arising from it, at any time during its term. Notwithstanding, no such transfer, assignment, encumbrance or act of disposal of the contract shall have the effect of limiting the user's statutory rights as a consumer or reducing or limiting in any way any warranty given by the Seller to the user expressly or impliedly.
- Events beyond the seller's control
The Seller shall not be liable for failure to perform, or delay in performing, any obligation arising from the Contract that is due to an event beyond its reasonable control ("Force Majeure Event").
A Force Majeure Event means any event, act or omission beyond the reasonable control of the Seller and includes, in particular, but not exclusively, the following:
- Strikes, lock-outs and other labor actions;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other public or private means of transport;
- Impossibility of the use of public or private telecommunications networks;
- Laws, decrees, regulations or restrictions of the Government;
- Any strikes, interruptions or accidents affecting relevant postal or transport services.
The Seller's obligation to perform under any Contract shall be suspended for the period during which a Force Majeure Event continues, and the time for performance shall be extended for a period equivalent to that duration. The Seller will use reasonable efforts to bring a Force Majeure Event to an end, or to find a solution by which its contractual obligations may be performed despite the existence of a Force Majeure Event.
- Waiver
If the Seller, at any time during the term of the Contract, refrains from requiring the strict performance of any obligation arising for the user from the Contract or these Terms, or from exercising any right or remedy provided therein to put an end to such breach, this shall not constitute a waiver of such rights and remedies and shall not release the user from compliance with their obligations.
A waiver by the Seller of any right or remedy in relation to a particular breach by the user shall not mean a waiver of rights or remedies in relation to any subsequent breach.
A waiver by the Seller of any right arising from the Contract or these Terms shall only be effective if it is set out in a written communication sent to the user in the manner provided for in the Communications clause, in which the Seller expressly declares that it is waiving such right.
- Severability
A declaration of invalidity, illegality or unenforceability, by a competent authority, of any of the provisions of these Terms and Conditions shall not affect any of the remaining provisions, which shall continue in full force and effect.
- Entire agreement
These Terms and any document referred to herein constitute the entire agreement between the parties in relation to the formation of a Contract and supersede any prior agreement, understanding or arrangement, whether written or oral.
Both parties acknowledge that, in entering into the Contract, neither of them relied on any statement, undertaking or promise made by the other, or that might be implied from anything said or written in negotiations between the parties prior to the conclusion of the Contract, except where otherwise provided in these Terms.
Neither party may rely on the fact that the other made an untrue statement, orally or in writing, prior to the conclusion of a Contract (unless such statement was made fraudulently), and may only rely on the rules of contractual breach arising from these Terms.
- Amendment of the terms of service by the seller
The Seller has the right to amend these Terms of Service at any time. The user shall be subject to the principles and terms in force on the date of their order, unless the law or a competent authority requires any change thereto, such changes being applicable to orders already placed.
- Applicable law and jurisdiction
Contracts for the purchase and sale of products through this website shall be governed by Portuguese Law. Any dispute arising from or related to such Contracts shall be subject to the non-exclusive jurisdiction of the Portuguese courts.
The provisions of this clause do not override any statutory rights of the user as a consumer.