1. INTRODUCTION

This document (together with the documents mentioned in it) establishes the conditions that regulate the use of this Pulseiraeventos.pt Website and the purchase of items through it (hereinafter referred to as the “Conditions”).

We recommend that the user carefully read the conditions, our Cookies Policy and our Privacy Policy (hereinafter referred to together as “Data Protection Policies”) before using this Website. Using this Website, and placing any order through it, implies acceptance of these Conditions and our Data Protection Policies. If you do not agree with all of the Conditions and the Data Protection Policy, do not use this Website.

These Conditions are subject to modifications without prior notice. It is your responsibility to consult and read them periodically, as the conditions in force at the time of formalization of the relevant Contract (as defined below) or the conditions of use of this Website will be those applicable at any given time.

If the user has any questions regarding the Conditions or Data Protection Policies, they can contact our services using the contact form.

The Agreement (under the terms defined below) may be executed, at the user's option, in any of the languages in which the Conditions for formalizing the same are available on this Website.

2. COMPANY INFORMATION

The sale of items through this Website is carried out under the name of ZIMEX, Importação e Exportação, Sociedade Unipessoal, (hereinafter referred to as ZIMEX), a company with headquarters C.E.Carvalheiras, Rua 25 de Abril- Arm.11 2445-421 Pataias, Registered at the Commercial Registry Office of Alcobaça with the main activity of representations, general commercial distributions (CAE 46900-R3) and with taxpayer number 501881670.

3. YOUR DATA AND YOUR VISIT TO THIS WEBSITE

The information or personal details you provide will be processed in accordance with our Data Protection Policies. By using this Website, the user accepts the processing of information and data, and certifies the veracity and correctness of the information and details provided.

4. USE OF THE Pulseiraeventos.pt WEBSITE

When using this Website, and when placing orders through it, the user undertakes to:

Use this Website only to make inquiries and make legally valid requests.

Do not place false or fraudulent orders. If we reasonably determine that an order of a fraudulent nature has been made, we will be authorized to cancel it and inform the relevant authorities.

The email address, postal address and/or any other contact details must be true and accurate. The user accepts that ZIMEX may use this information to contact you if necessary (see our Privacy Policy).

If you do not provide all the required information to ZIMEX, you will not be able to place your order.

By placing an order on this Website, the user declares that they are of legal age and legally eligible to enter into contracts of this nature.

5. SERVICE AVAILABILITY 

The articles presented on this website are available for delivery in Portugal and Europe. For more information on shipping to other destinations, please contact us.

6. FORMALIZATION OF THE CONTRACT

The information contained in these Conditions and the details contained on this Website do not constitute an offer to sell, but rather an invitation to negotiate. Under no circumstances will there be any contract between ZIMEX and the user in relation to any product, until your order is expressly accepted by our services. If your offer is not accepted, and the amount corresponding to the order has already been debited from your account, ZIMEX will issue a full refund.

To place an order, the user must follow the online purchase procedure, and click on "Authorize Payment", after which they will receive an email confirming receipt of their order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer from the user to purchase one or more items from our Website. All orders are subject to approval by ZIMEX, and you will be sent an email confirming the shipment of your order (the "Shipping Confirmation"). The contract between ZIMEX and the user for the purchase of an item (the "Contract") will only be considered formalized after sending the Dispatch Confirmation.

Only the items indicated in the Dispatch Confirmation are subject to the terms of the Contract. ZIMEX is not obliged to provide the user with any other item that has not been ordered, until it is confirmed that they were sent through the Dispatch Confirmation.

7. AVAILABILITY OF ARTICLES

All item orders are subject to availability. Therefore, if there are difficulties in supplying some items, or if there is no item in stock, ZIMEX reserves the right to provide you with information on substitute items of similar or higher quality to complement your order. If you do not wish to order any of the replacement items, ZIMEX will refund the amount paid corresponding to the unavailable items.

8. REFUSAL TO PROCESS AN ORDER

ZIMEX reserves the right to remove any article from this Website at any time, and to remove or modify any material or content therein. Although ZIMEX always tries to do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after we have sent the Order Confirmation, which we reserve the right to do at any time.

ZIMEX declines any responsibility to the user or any third party for the removal of any article or content from this Website, or for the failure to process an order once the Order Confirmation has been sent.

9. DELIVERY

Without prejudice to clause 7 above regarding the availability of items, and except for any extraordinary circumstances, ZIMEX will make every effort to ship the order consisting of the item(s) mentioned in each Order Confirmation before the date indicated in the respective Confirmation of Order, or, if there is no specified delivery date, within the period mentioned when selecting the delivery method and, in any case, within a maximum period of 30 days from the date of Order Confirmation.

However, there may be reasons for delay in delivery, such as, for example, the personalization of the items, or the occurrence of unforeseen circumstances or the delivery area.

If for any reason we are unable to meet the established delivery date, the user will be informed of this circumstance, offering them the possibility to continue with the purchase, select a new date for delivery of the order, or cancel the order, with full refund of the amount paid. The user must bear in mind that ZIMEX does not deliver on Public Holidays, Saturdays and Sundays.

Transport is carried out by intermediary companies, strategic partners, who will deliver by hand to the address indicated by the customer.

For the purposes of these Conditions, "delivery" is considered to have taken place or the order has been "delivered" when the user or a third party indicated by them takes physical possession of the items, which will be proven by signing the Order receipt, at the stipulated delivery address.

10. IMPOSSIBILITY OF DELIVERY OF AN ORDER

If it is impossible to deliver your order to the address indicated, you will have a 2nd delivery attempt, if delivery is not possible on the 2nd attempt, the order will be returned to us. Re-sending it will be subject to payment of a new shipping fee.

If 30 days have passed since your order was made available for delivery, we have not been able to deliver the order for reasons not attributable to our services, ZIMEX will assume that you wish to cancel the Contract, which will be terminated. As a result of the termination of the Contract, we will refund all payments received in connection with it, including delivery costs (excluding any additional costs arising from the choice, by the user, of any other means of delivery in addition to the ordinary delivery offered by ZIMEX) without any undue delay, and in any case, within 14 days from the date of termination of this Agreement.

Please bear in mind that transport arising from the termination of the Contract may involve additional costs, which we are authorized to charge to the user.

11. TRANSMISSION OF RISK AND OWNERSHIP OF ITEMS

The risks of the article will be the responsibility of the user from the moment of delivery of the articles.

You will own the products from the moment ZIMEX has received full payment of all amounts due in connection with the item, including delivery costs, or at the time of delivery (as defined in clause 9 above), if this takes place at a later date.

12. VALUE ADDED TAX (VAT)

Under current legislation, all purchases made through this Website are subject to Value Added Tax (VAT).

Therefore, and in accordance with Chapter I of Section V of the European Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply of the articles will be considered as belonging to the Member State of the delivery address of the items, with the respective VAT being applied at the rate in force in the Member State in which the items will be delivered, in accordance with the order made.

In accordance with the legislation and regulations in force in each jurisdiction, the "reverse charge" rule (article 194 of Directive 2006/112) will apply to articles supplied in some Member States of the European Union if the customer is or is required to be a tax payer for VAT purposes. In this case, VAT will not be applied, subject to confirmation by the recipient that the VAT corresponding to the items supplied will be the responsibility of the customer, in accordance with the "reverse charge" procedure.

14. PRICE AND PAYMENT

The price of the items will be as stipulated at all times on our Website, except in cases of obvious omission. Although ZIMEX makes every effort to ensure that the prices indicated on our Website are correct, errors may occur. If we detect an error in the price of any of our items that you have ordered, we will inform you of this as soon as possible, offering you the option of confirming your order at the correct price, or proceeding with your order. cancellation. If we are unable to contact the user directly, the order will be considered canceled, and we will refund all amounts paid by the user in relation to the order.

ZIMEX is not obliged to supply any item at the incorrect lower price, (including after sending the Delivery Confirmation) in the event of an obvious and unmistakable error, which can be reasonably identified by the user as being an incorrect price.

The prices indicated on our Website do not include VAT, they exclude delivery costs, which will be added to the total price of the order, as indicated in our Shopping Guide - Delivery Costs.

Prices may change at any time. However, except in the cases mentioned above, these changes will not affect orders for which an Order Confirmation has been issued.

Once you have selected all the items you want to purchase, they will have been added to your shopping cart, and the next step will be to process the order and pay. For this purpose, the user must follow the steps of the purchase process, filling in or verifying the information required at each step. The user may, during the purchase process and before paying for the order, modify its details at any time. In the Buying Guide you can consult detailed information about the purchasing process. If you are a registered user, you can also view the record of all your previous orders in the "My Account" section.

To pay for the ordered items, the user can use the following methods: MBWAY, Visa Cards, Mastercard, Paypal and via bank transfer to the indicated IBAN.

To minimize the risk of unauthorized access, the credit card details used for payment will be encrypted.

Payment is processed by Ifthenpay.

Credit cards are subject to authorization by the card issuing entity. If payment is not authorized by the card issuing entity, ZIMEX declines any responsibility for any delays or failure to deliver the order, and will not be able to formalize any Contract with the user.

15. LIABILITY AND EXCLUSION OF LIABILITY 

Except as expressly mentioned in these Conditions, our liability in relation to any item purchased through our Website will be strictly limited to the purchase price of the item.

Without prejudice to the above, our liability will not be limited or exempted in the following cases:

    i. In the event of death or personal injury caused by our negligence;

    ii. In case of fraud or fraudulent intent; or

    iii. In any case where it would be illegal or unlawful to exclude, limit or seek to exclude or limit our liability.

Without prejudice to what is referred to in the previous paragraph, and to the extent legally permitted, and unless otherwise indicated in these Conditions, ZIMEX will not accept any responsibility for the following losses, regardless of their origin:

    i. loss of revenue or sales;

    ii. loss of business;

    iii. loss of profits or contracts;

    iv. loss of expected income;

    saw. data loss;

  viii. loss of administrative or office hours

Due to the open nature of this Website, and the possibility of errors occurring in the storage and transmission of digital information, ZIMEX cannot guarantee the accuracy and security of information transmitted or obtained through this Website, unless expressly indicated otherwise.

All product descriptions, information and materials contained on this Website are provided "as is", without any express or implied warranties relating to them, except in cases legally established. In this sense, if the contract with ZIMEX is carried out as a consumer or user, ZIMEX is obliged to supply the articles in accordance with the conditions stipulated in the Contract, being responsible to the user for any non-conformity that may exist at the time of delivery.

Items are considered to be in compliance with the Contract if:

    (i) correspond to the description provided and have the qualities mentioned on this Website,

    (ii) are suitable for the purpose for which this type of article is generally used, and

    (iii) present the normal quality and performance that can be expected in articles of this type. Within the legal limits permitted, all warranties are excluded, except those that cannot be legitimately excluded in favor of consumers and users.

The items sold by ZIMEX, and especially the artisanal and personalized items, often display the characteristics of the natural materials used in their production. These characteristics, such as variations in grain, texture, knots and color, cannot be considered in any case as defects or damage. On the contrary, the consumer must detect their presence and appreciate them. ZIMEX only selects articles with the best qualities, but natural characteristics are inevitable, and must be understood as part of the individual appearance of the article.

The provisions of this clause do not affect your rights as a user and consumer, or your right to cancel the Contract.

16. INTELLECTUAL PROPERTY

The user acknowledges and accepts that all copyrights, trademarks and other intellectual property rights in the materials or content provided as part of this Website are the property of ZIMEX, or belong to owners who have granted ZIMEX the necessary license to use them. . The use of said material is only authorized to the extent that it is expressly authorized by ZIMEX or its owners. This condition does not prevent the use of this Website to make the necessary copy of the information in your order or contact details.

17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS 

It is not permitted to misuse this Website by intentionally introducing a virus, Trojan, worm, logic bombs or any other technologically harmful or harmful software or material. The user must not attempt to access this Website, the server on which it is hosted, or any server, computer or database related to our Website in an unauthorized manner. The user undertakes not to attack this Website through any denial of service attack or denial of service distribution attack.

Any failure to comply with the provisions of this clause will be considered an infringement under the terms defined by applicable legislation. ZIMEX will report any non-compliance with this regulation to the corresponding authorities, and will cooperate with them to determine the identity of the attacker. Likewise, in the event of non-compliance with this clause, authorization to use this Website will be immediately suspended.

ZIMEX declines any responsibility for any damages or injuries resulting from a denial of service attack, virus or any other technologically harmful or harmful software or material that may affect the user's computer, IT equipment, information or materials as a result of the use of this Website, downloading content from it or from third-party websites to which the user is redirected by this Website.

18. LINKS TO OUR WEBSITE

If our Website contains links to other Websites and third-party materials, these links are provided for informational purposes only, and ZIMEX has no control over the content of these Websites or materials. For this reason, ZIMEX will not accept any responsibility for damages or injuries arising from its use.

19. WRITTEN COMMUNICATION

Applicable legislation and regulations require that part of the information that ZIMEX sends to the user be communicated in writing. By using this Website, the user accepts that most of the communication they establish with ZIMEX will be done electronically. ZIMEX will contact the user by email or provide information through alerts published on this Website. For contractual purposes, the user agrees to the use of these electronic means of communication, and that all contracts, notifications, information and other communications sent to him electronically by ZIMEX comply with the legal requirements identical to those of his written communication. This condition does not affect your legally recognized rights.

20. NOTIFICATIONS

Notifications that the user sends us must preferably be made using our contact form. Under the terms set out in clause 21 above, and unless expressly stipulated otherwise, ZIMEX may send the user notifications by email or to the postal address indicated by the user when placing an order.

Notifications are considered to have been received or made correctly at the time of their publication on our Website, 24 hours after being sent by email, or three days after the date of sending any letter by postal mail. As proof of the sending of any notification, it will be sufficient to demonstrate, in the case of a letter, that it was addressed correctly, with the correct postage and delivered to the post office or deposited in a post box, and in the case of an email- mail, that the notification was sent to the email address specified by the recipient.

21. TRANSFER OF RIGHTS AND OBLIGATIONS

This Agreement is binding on ZIMEX and the user, as well as their respective successors, assigns and heirs.

The user may not transmit, assign, impose or use any other means to transfer a Contract, or any of the rights or obligations arising therefrom, without the prior written consent of ZIMEX.

ZIMEX reserves the right to transmit, assign, impose, subcontract or transfer by any other means a Contract or any of the rights or obligations arising therefrom, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, impositions or other forms of transfer do not affect any rights applicable to the user as a consumer that are recognized by current legislation, nor do they cancel, diminish or limit in any way the tacit and express warranties that have been offered to you by ZIMEX. 

22. EVENTS OUTSIDE ZIMEX'S CONTROL

ZIMEX declines any responsibility for any failure or delay in fulfilling any of the obligations assumed under the terms of a Contract, whenever caused by events beyond the reasonable control of ZIMEX ("Force Majeure").

Force Majeure includes any act, event, failure, omission or accident beyond our reasonable control, including, among other factors, the following:

i. Strikes, occupations or other forms of protest.

ii. Civil conflicts, revolts, invasions, terrorist attacks or threats, war (declared or not) or threats or preparations for war.

iii. Fire, explosion, storms, floods, earthquakes, landslides, epidemics and any natural disasters.

iv. Impossibility of using trains, ships, air transport, motorized transport or other means of transport, public or private.

v. Impossibility of using public or private telecommunications systems.

saw. Rules, decrees, legislation, regulations or restrictions of any government or public authority.

viii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It is considered as assumed that ZIMEX's obligations arising from the Contracts will be suspended during the period affected by any causes of Force Majeure, and that ZIMEX will enjoy a period of time to fulfill said obligations equal to the time that the situation of Force Majeure. ZIMEX will make every possible effort to put an end to the Force Majeure situation, or to find a solution that allows it to satisfy its obligations assumed under the Contract, despite the reason of Force Majeure.

23. WAIVER OF RIGHTS

The failure of you to comply strictly with your obligations under a Contract or these Conditions, or the failure of us to exercise the rights or actions that correspond to us under this Contract or these Conditions will not In no case do they constitute a waiver or limitation of said rights or actions, nor do they exempt the user from complying with said obligations.

The waiver by us of a specific right or action does not in any case constitute a waiver of any other rights or actions arising from the Contract or these Conditions.

Our waiver of any of these Conditions or rights and actions arising from the Contract will have no effect unless expressly set out in a waiver of rights, and formalized and notified to you in accordance with the provisions of the Notices section above.

24. PARTIAL CANCELLATION

In the event that any of these Conditions or any clause of the Contract is declared null or not valid upon firm resolution by the corresponding authority, the remaining terms and conditions will remain in effect without being affected by said declaration of cancellation.

25. ENTIRE CONTRACT

These Conditions, and any document referenced therein, constitute the entire Contract concluded between ZIMEX and the user in relation to its purpose, replacing any pacts, agreements or promises previously established between ZIMEX and the user, verbally or in writing.

ZIMEX and the user mutually agree to enter into this Agreement, without dependence on any statement or promise made by the other party or that can be inferred from any statement or document in the negotiations established between the two parties prior to said Agreement, except those expressly mentioned in the present Conditions.

ZIMEX and the user undertake not to take any action regarding any false statement made by the other party, verbally or in writing, prior to the effective date of the Contract (except in cases where such statements have been carried out fraudulently), and that the only action that the other party can take will be motivated by breach of Contract, under the terms set out in these Conditions.

26. RIGHT TO MODIFY THESE CONDITIONS

ZIMEX reserves the right to review and modify these Conditions at any time.

The user is subject to the Conditions in effect at the time of using this Website or placing an order, except in cases where, due to legal imperative or decision of government authorities, ZIMEX is obliged to make retroactive modifications to the aforementioned Policies , Terms or Privacy Statement, in which case possible modifications will also affect requests previously made by the user.

27. APPLICABLE LEGISLATION AND JURISDICTION

The use of this Website and contracts for the purchase of articles through it will be governed by Portuguese legislation.

Any dispute arising from or relating to the use of this Website or said contracts will be subject to the non-exclusive jurisdiction of the courts of Portugal.

If you enter into this Agreement as a consumer, the content of this clause will not affect your legal rights recognized by applicable legislation in force.

28. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always well received. Please send us your comments and suggestions using our contact form.

We also have complaint forms available to consumers and users, which can be requested via our contact form. If, as a consumer, you consider that your Rights have been violated, you can send your complaint to the ZIMEX email address, in order to seek an out-of-court resolution. In this sense, if the transaction between Your Excellency. and our business has been concluded through our website, we inform you – in accordance with EU Regulation No. 524/2013 – that you have the right to try to resolve any dispute extrajudicially through access to the electronic dispute resolution platform. conflicts online, via the email address http://ec.europa.eu/consumers/odr/.

Last updated on 10/30/2014

Withdrawal form template

(you only need to fill out and send this form if you want to withdraw from the contract)

In care of ZIMEX – Importaçao e Exportaçao Sociedade Unipessoal, Lda, with the commercial name of ZIMEX, Lda,

Address: C.E.Carvalheiras, Rua 25 de Abril- Arm.11 2445-421 Pataias

I hereby inform you that I withdraw from my sales contract for the following property:

Ordered on the day/received on the day (*)

Consumer name:

Consumer address:

Consumer signature (only if this form is presented on paper)

Date

(*) Cross out what doesn’t matter