Terms and Conditions of the Online Shop Luís Abreu Pestana, Cosmética, Ldª.
1. Scope and Object of the General Conditions of the Store
These General Conditions are intended, together with the order form and other elements referred to therein, to regulate the terms and conditions under which the provision of the Online Store Service Luís Abreu Pestana, Cosmética, Ldª. with registered office at Rua António Oliveira, n.º 40, Loja AM, Centro Empresarial do Oeste - Zona Industrial - 2500 - 916 Caldas da Rainha - Portugal, under the single registration and taxpayer identification number 505 744 201, hereinafter referred to as "LP Cosmética ". The "User" refers to the client who is a professional.
The Service consists of making available, through the address www.lpcosmetica.pt and www.lpcosmetica.com access to the Online Store that, in addition to providing information regarding 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 herein.
The order of products must be made by Users aged 18 (eighteen) or over (individuals under this age must have the permission of their representatives). The elements and information transmitted by the User shall enjoy full legal effect, recognising the User's electronic purchases, and the User may not allege the lack of signature for breach of obligations assumed.
2. Product Information and Contents
LP Cosmetica will do everything possible so that the information presented does not contain typographical errors, and will be rapidly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to withdraw from the purchase contract under the terms of the applicable law (right of free withdrawal stated in the Ordering document).
LP Cosmetica will do everything possible to send all products ordered, but it is possible that, in certain cases and due to causes LP Cosmetica cannot control, such as human error or computer system failures, it may not be possible to supply any of the products requested by the User. If a product is not available after you have placed your order, you will be advised by phone by the Sales Consultant. At this point you will be presented with the possibility of cancelling the order with the respective reimbursement, if you have already made the respective payment, or alternatively a credit note will be created if it is verified that the order has already been invoiced.
The images published on this site are merely illustrative. Colours and details of some products may vary according to the lot purchased. The colours of the products (namely varnishes, waxes and make-up) may vary according to the colour profile of the monitor. The information contained in the technical data sheets and product descriptions are based on the manuals provided by the respective manufacturers and may suffer alterations.
LP Cosmetica is responsible for the information, content, statements or expressions contained in the texts of the articles marketed in www.lpcosmetica.pt and in www.lpcosmetica.com in addition to the content of the product descriptions.
All information on prices, products, specifications, promotions and services is subject to change by LP Cosmetica.
3. Responsibilities
3.1 - All products and services commercialized in the LP Cosmetica Online Store are in accordance with Portuguese Law.
3.2 - The Store has adequate levels of security, however LP Cosmetica will not be liable for any damages suffered by the User and/or third parties as a result of delays, interruptions, errors and suspensions of communications that are caused by factors beyond its control, including any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or possible computer viruses or arising from downloading via the service of files infected with or containing viruses, hacking actions or other properties that may affect the User's equipment. If, for any reason, it is impossible to access the LP Cosmetica Online Store website due to an access error, LP Cosmetica shall not be liable for any damages.
3.3 - Data and information searches carried out within the scope of this Service are assumed to have been made by the User, and LP Cosmetica declines any liability arising from the abusive or fraudulent use of the information obtained.
3.4 - LP Cosmetica will not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to you by way of intent or gross negligence.
3.5 - LP Cosmetica is not liable for any loss or damage arising from failure to comply or defective performance of the Service when such is not directly or indirectly attributable to LP Cosmetica by way of willful misconduct or gross negligence and is not responsible for (i) errors, omissions or other inaccuracies relating to the information made available through the Service (ii) damages caused by the User or third party faults, including intellectual property violations, (iii) the non-fulfillment or defective fulfillment resulting from the fulfillment of judicial decisions or administrative authorities, or (iv) the non-fulfillment or defective fulfillment resulting from the occurrence of force majeure situations, i.e. situations of an extraordinary or unpredictable nature, outside LP Cosmetica and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by LP Cosmetica that prevent or prejudice the fulfillment of the obligations undertaken.
3.6. - LP Cosmetica does not guarantee that:
i) the Service is provided uninterruptedly, is secure, error-free or operates infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Online Shop Service fulfils any expectations you may have of it;
iii) any material obtained in any way through the use of the Service is used at the User's own risk and the User is solely responsible for any damage caused to its computer system and equipment or any loss of data that results from such operation.
iv) no advice or information, whether oral or written, obtained by the User from or through the Online Shop Service shall create any warranty that is not expressed in these General Conditions.
3.7. The User accepts that LP Cosmetica cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other loss (even if previously advised by the User of the possibility of such damages), resulting therefrom:
i) of the use or inability to use the Online Shop Service;
ii) the difficulty of obtaining any substitute goods/services;
iii) unauthorised access to or modification of personal databases.
4. Consumer Obligations
4.1. The User agrees to:
i) Provide correct personal data and address;
ii) Not use false identities;
iii) Respect the order limits imposed.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility to process the order, or eventual non-delivery, the User shall be liable, and LP Cosmetica declines any responsibility. Should the consumer breach any of these obligations, LP Cosmetica reserves the right to eliminate future purchases, block access to the shop, cancel any other services simultaneously made available by LP Cosmetica to the same User, and, furthermore, not allow the User future access to any product/service made available by LP Cosmetica.
5. Resale of Mossi Epil branded products
LP Cosmetica expressly forbids the use of its brand products Mossi Epil purchased for commercial purposes, including for the purpose of resale of goods, except for professionals (its customers) who wish to resell the products Mossi Epil.
LP Cosmetics classifies its customers into two categories: Beauty Professionals and Agents of Other Branches of Activity. The category "Beauty Professionals" includes beauticians, hairdressers and qualified therapists. In the category "Agents for Other Industries", include importers, agents, pharmacies, funeral homes and others.
The resale of Mossi Epil products is only allowed to these two professional categories under the following conditions:
i) In the case of LP Cosmetica's customers who are beauty professionals, it is authorized to resell Mossi Epil products in the space where they perform their professional activity and to publicize them on digital channels (website, social networks and others).
ii) LP Cosmetica authorizes its customers agents and / or importers resell Mossi Epil products exclusively to their customers who are also professionals and in no way to the general public.
iii) LP Cosmetica authorizes the pharmacy customers to resell the products Mossi Epil to the general public.
iv) It is not allowed to any company or individual person, who does not sell products supplied by LP Cosmetica, to disclose them on websites, social networks or through advertising on online search engines.
6. Order cancellation
6.1 Upon request by the User
The User can cancel an order by requesting this from LP Cosmetica by telephone or e-mail, quoting the order number, which will be accepted provided that the order has not yet been processed. After processing, LP Cosmetica will attempt to deliver the order, but the User has the option of not accepting it.
For the purposes of cancellation the User shall provide the following information to LP Cosmetica:
1. a) Order Number
2. b) VAT number with which the order was made and delivery address
6.2 By Decision of LP Cosmetica
LP Cosmetica reserves the right not to process orders when it verifies any inconsistency in the personal data submitted, lack of payment or observes buyer misconduct. LP Cosmetica reserves the right not to process any order or reimbursement, should errors occur in the values and/or characteristics of the products due to technical problems or errors beyond the control of LP Cosmetica.
7. Intellectual Property
7.1 The LP Cosmetica Shop is a registered site and the Service provided by the site itself is the responsibility of LP Cosmetica.
7.2 The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
7.3 The User acknowledges that any content included in advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, by the laws regarding industrial property and other laws of property protection, so that any use of such content may only occur under the express authorization of the respective owners.
7.4 The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from any acts which may violate the law or the aforementioned rights, such as the reproduction, commercialisation, transmission or making available to the public of these contents or any other unauthorised acts which have the same object.
8. Safety Conditions of Service
8.1. The User undertakes to comply with all applicable legal provisions, in particular, not to practice or encourage the practice of illegal acts or offensive to good manners, such as sending indiscriminate unsolicited communications (spamming) in violation of the provisions of applicable legislation on the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules of use of the Service, under penalty of LP Cosmetica suspending or disabling the Service under the terms set out in paragraph 14.
8.2 The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by several users and, as such, is subject to computer overloads; therefore, LP Cosmetica does not guarantee that the Service will be provided without interruptions, loss of information or delays.
8.3 LP Cosmetica also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is based or in situations of force majeure (situations of an extraordinary or unpredictable nature that are external to LP Cosmetica and that cannot be controlled by the Company).
8.4 In case of interruption of the Service due to an unpredictable overload of the systems on which it is based, LP Cosmetica agrees to regularize its operation as soon as possible.
9. Suspension and deactivation of the Shop Service
9.1 Regardless of any prior or subsequent communication, LP Cosmetica may, at any time, and at its sole discretion, discontinue providing the Service and or part of the Service to any or all Users.
9.2 LP Cosmetica further reserves the right to immediately suspend or terminate access to the Service, in the following cases:
1. a) When the User does not observe the conditions of use referred to in paragraph 4 and others referred to in the General Conditions;
2. b) when LP Cosmetica ceases access to the Store, upon prior notice of 15 days before the date of termination.
9.3 The suspension or termination of Service by LP Cosmetica under the terms of the previous paragraphs does not imply the right of the User or third parties to any indemnity or other compensation, and LP Cosmetica cannot be held responsible or in any way liable for any consequence resulting from the suspension, cancellation, or termination of Service.
9.4 In the situations described above, LP Cosmetica will communicate to the User in advance so that the User can, if so desired, safeguard the content of their order viewing area within 3 (three) working days of sending the e-mail or making the information available on the main page of the Service.
10. Communications
10.1 Without prejudice to other forms of communication provided for in these General Terms and Conditions, notifications made to the User relating to the Service, including any changes to these General Terms and Conditions, may be made to the User's postal address, email address, by SMS or telephone contact.
10.2 The User agrees to receive any and all communications and/or notifications related to the Online Store to the address, contact phone number and/or email address mossiepil.marketingdigital@lpcosmetica.pt indicated during the order process.
You may, at any time, request that you do not receive these communications and/or notifications using the Contact Form or by clicking on the option "Do not receive the Newsletter" included in each Newsletter.
10.3 LP Cosmetica uses social networks (Facebook, Instagram, Whatsapp, LinkedIn, Youtube) and other digital channels to communicate with its clients and followers. Accordingly, LP Cosmetica disclaims any and all responsibility for inappropriate comments that may be posted there. Comments will, however, be adequately handled/followed up and responses will be visible to the public. In particular cases, given their complexity, communication will be made privately, always with the aim of clarifying the parties involved as much as possible and improving levels of trust.
11. Technical Configurations
11.1 Without prejudice to the following paragraph, LP Cosmetica may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and shall inform the User of such changes at least fifteen (15) days in advance.
11.2 The version in force of these General Conditions and its annexes is available on the website www.lpcosmetica.pt and at www.lpcosmetica.com
12. Communications
12.1 Whenever LP Cosmetica deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
12.2 Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, LP Cosmetica may change the technical configurations of the Service, whenever it is deemed convenient to adapt it to possible technological developments.
12.3 LP Cosmetica does not, however, guarantee the User any upgrades or improvements to the Service.
12.4 Some upgrades or new features of the Service may only be available against payment by the User and/or the User's subscription to the Specific Conditions of Use.
13. Governing Law
The Contract is governed by Portuguese law.