JANUCA MISS, UNIPESSOAL LDA

unique registration and legal person number 514 792 507

Mail: Rua Estácio da Veiga, nº.s 7 and 7-A, parish of Amora, municipality of Seixal.

 

Terms and Conditions of Use of Electronic Commerce

 

PREAMBLE

To the Customer / User of the website januca.pt, belonging to Januca Miss, Unipessoal Lda, unique registration number and legal person 514 792 507, mail to Rua Estácio da Veiga, nº 7 and 7-A, parish of Amora, municipality of Seixal (“Seller” or “JANUCA”), all JANUCA terms and conditions, as shown on this website, apply.

Anyone (User) using the JANUCA services must have read, understood and accepted these Terms and Conditions of Use for Electronic Commerce and other policies of the website.

 

ARTICLE 1 (Object)

1.1. The purpose of these JANUCA Conditions is to establish the rules and conditions for the use of the januca.pt website by the Customer / User, thus understanding the consumers who are consumers of the products offered on the website. The januca.pt website is a platform in the format E-Commerce  (Electronic Commerce) for the sale of clothing (e.g. clothing and accessories, footwear, leather goods, bags, jewelry, gifts and perfumery) for adults, babies and children, hereinafter product (s). The products offered on this website are made by the Seller, and there is no question of products made by third parties;

1.2. The present Conditions are also intended to define the conditions for the sale of products established between JANUCA and the Client / Buyer User, from the time of ordering to the other services provided by JANUCA, such as: eg payment and delivery terms of the goods, the latter carried out by third parties;

1.3. The januca.pt website provides the following services to its users: (i) offering and supplying clothing (e.g. clothing and accessories, footwear, leather goods, bags, jewelry, gifts and perfumery) for adults, babies and children; (ii) the purchase and sale of the advertised products, namely for Users, consumers, buyers or users, so the buyer, when making the purchase through this website, declares that he is the final consumer of the products;

1.4. The Seller only allows User Users who are final consumers of the products to purchase them through an electronic platform (web page). Purchases made by Customers / non-consumer buyers are subject to cancellation without the right to receive the products or, if it is not possible to verify this condition before the order is sent, the Customer / User should refrain from reselling the Seller's products, such act being expressly prohibited;

1.4. The articles presented on this website are available for delivery in Portugal and other European Union countries. Any customs fees and / or taxes applicable to the products by the place of destination of the orders (e.g. any countries, fees for express courier charges applicable to the Azores and Madeira) are the sole responsibility of the consumer User;

 

ARTICLE 2 (On the conclusion of the contract)

2.1. To place the order, the User must follow the purchase procedure online  and click on «Authorize Payment», And you must first read and accept the gifts«Purchase Terms and Conditions». In doing so, this Agreement will be signed, and once accepted, the price will be fully due by the purchasing User;

2.2. The Customer / User will subsequently receive an email acknowledging receipt of their order and the information that the order must be confirmed, by displaying the message «Order Confirmation». The Customer / User will receive an email, in which the Seller will inform that the order has been sent and, together, there will be an electronic ticket with the order details (e-ticket). The Customer / User may have a detailed description of the purchase process in the document Buying Guide;

 

ARTICLE 3 (Registration, Access and Ability to become a Buyer / User)

3.1. JANUCA services are limited to Customers / Users who register on the januca.pt website, by filling in all mandatory fields in the registration field, with accurate, precise, true information, making a commitment regarding the veracity of the information provided. The User declares and undertakes to update the data entered in his registration (“Personal Data”) whenever necessary, especially in order to facilitate the delivery of the product (s) and consents to the processing of his personal data under the terms of the Privacy Policy on this website.

3.1.1. JANUCA is not responsible for the correction of Personal Data entered by its Users, who guarantee and respond civilly and criminally for the veracity, accuracy and authenticity of their registered Personal Data.

3.2. JANUCA's services are available to all natural persons who have full legal and civil capacity, as long as they qualify as final consumers of the products. except in the event of a voucher purchase. Those natural persons who do not have the legal capacity to conduct business will not be able to register or use JANUCA's services as Buyer Users.

3.3. Customer / User access to their account will be through the insertion of an email address for login and password. The Client / User undertakes not to disclose these data to third parties, being fully responsible for the use made of them.

3.4. The information or data provided by the Purchasing Client / User will be treated in accordance with the provisions of the Privacy Policy. By using this website, the Customer / User is consenting to the handling of said information and data by JANUCA and declares that all information or data that he / she provides to the Seller is true and corresponds to reality.

 

ARTICLE 4 (Products offered and delivery)

4.1. Confirmation of orders for JANUCA products is subject to availability. In case of difficulty regarding the supply of products or unavailability of items in stock, JANUCA will inform the Client / User and the Client / User who has already made the payment will be refunded within 30 (thirty) days;

4.2. When ordering, the Customer / Purchasing User must inform, in the respective field provided for this purpose, the details of any third party authorized to proceed with the receipt of the ordered product (s);

4.3. The available products will be shipped, when in national territory (Portuguese), within a period of forty-eight hours; in view of the possibility of delivery outside the national territory, which will happen in particular to the countries that JANUCA expressly consents to, the shipment will take place within seven working days. The counting of deadlines starts from the confirmation, in writing, of the order issued by januca.pt;

4.4. The parties agree that the periods referred to are merely indicative and non-binding, and there is no responsibility on the part of the Seller in the event of unforeseen circumstances, problems in the delivery areas or delays due to the activities of the carrier;

4.5. The Buyer Customer / User, in the event of delays in the delivery of the products, will be duly informed, being able, in this case, to choose: i) continue with the purchase and jointly establish a new delivery date for the Seller; ii) cancel the order by fully refunding the amount paid, without prejudice to the other rights that assist it under the terms of the applicable legislation.

4.6. Delivery will take place when the Customer / User buyer or third party authorized by him is physically in possession of the product (s), which will be evidenced by the signature of the order receipt at the indicated delivery address;

 

4.7. If it is not possible to deliver the order, a note will be left indicating where it is available for collection and / or the procedure for a new delivery to be scheduled. If the delivery of the product (s) is not made possible by the user within the stipulated period, the Customer / User may be charged expenses related to the storage of the product (s) and to new delivery attempts. which will be informed subsequently, establishing the respective User collection procedure.

 

ARTICLE 5 (Transfer of Risks and Ownership of Products)

5.1. From the delivery, confirmed by the signature of the receipt of the order, the risks on the product (s) are borne by the buyer;

5.2. The Purchasing Client / User will acquire ownership of the product (s) only from the moment when the full amount due for the product (s) is fully paid, including shipping, reshipment or other costs that are applicable;

 

ARTICLE 6  Price and Payment

6.1. The price of each product will be the one stipulated on the januca.pt website at the time of purchase, except in the event of a notorious error. If an error is detected in the price of any of the products ordered, the Customer / User will be informed about it and given the option to confirm the order again at the correct price or cancel it. If it is not possible to contact the buyer / User, the order will be canceled by fully refunding the amount paid;

6.2. The parties agree that JANUCA is not obliged to supply any product for an incorrect lower price (even if a shipping confirmation has been sent) if the error in the price is obvious and unequivocal and if it can be recognized by the Customer / Buyer, considering this scope as a criterion for measuring a reasonable analysis in view of the regularly operated price and the product characteristics;

 

6.3. The prices announced on the januca.pt website take into account the VAT applicable on the day of the order and any modification of the applicable VAT type will be reflected in the prices of the products. The advertised prices do not include shipping costs, which will be added to the total amount due, according to the Shipping Costs Guide;

6.4. Prices can be changed at any time, and JANUCA is not linked to prices once advertised. Possible changes will not affect orders for which shipping has already been completed. Order Confirmation;

6.5. Payments to JANUCA can be made according to the modalities indicated on the screen by clicking on "Proceed to payment".

 

CLAUSE 7 (Customer / User Obligations)

7.1. In order to carry out transactions on the JANUCA E-Commerce platform, the Customer / Buyer must read, understand and expressly accept this Electronic Commerce Terms and Conditions of Use, being obliged to fully comply with the provisions contained therein;

7.2. The Customer / User declares to be aware that delivery services are the sole responsibility and obligation of a third party company, recognizing, as of now, that JANUCA has no responsibility for the quality, functionality, form, service and conditions of delivery of the products by the third company, nor are postage and shipping costs included in the final value of the product. JANUCA is responsible, through its platform, only to promote the approximation between the Client / User and the carrier.

7.3. It is the sole responsibility of the Customer / User to fully comply with their own tax / tax / customs obligations, in compliance with the legislation in force, and JANUCA cannot impose any burden in relation to the fulfillment of these obligations;

7.4. When using the Seller's website and / or when placing orders through it, the Buyer Customer / User undertakes to: i) use the website only to make legally valid inquiries or orders; ii) do not place any false or fraudulent orders. If, rationally, the Seller can consider that an order of this nature has been placed, it will be authorized to cancel the order and inform the competent authorities. The parties now consent to the cancellation of the order by januca.pt whenever the information provided by the Client / User does not correspond to reality.

 

CLAUSE 8 (Purchase as a guest)

8.1. This website also allows you to purchase through the guest purchase feature. In this type of purchase, only the data necessary to complete the order will be requested. Once the purchase process is finished, you will be offered the possibility to register as a User or continue as an unregistered user.

 

CLAUSE 9 (Obligations januca.pt)

9.1. Januca.pt will be responsible for making, offering and making available the products offered through JANUCA's E-Commerce platform, including, but not limited to, the entire physical and technological structure for the maintenance of the services provided. For all stages of accessing the website, the obligation assumed by JANUCA is an obligation of means.

9.1.1. JANUCA excludes any and all liability for inconvenience or damage inherent to the use of the Internet network, in particular, a service disruption, an external intrusion or the presence of computer viruses, or any case of force majeure so classified by the jurisprudence of the courts , to the extent permitted by applicable law;

9.1.2. JANUCA will offer the necessary tools for the checkout and payment process, as well as tools for e-mail communications (registered e-mail) related to the order status;

9.1.3. The Seller is committed to facilitating the maximum transparency and the rapprochement between the Client / User and the third company (ies) responsible for the delivery (s), in order to mitigate as much as possible the damage that may occur. be caused to Users by the third party (ies). However, the parties agree that there is no responsibility on the part of the Seller in relation to the delivery services by this third party.

9.2. JANUCA undertakes to make available to Users all information relevant to the fulfillment of the object of this Agreement, including information that may be necessary and that is additional about the development of the functioning of E-Commerce;

9.3. At the Seller's sole discretion, discount campaigns may be created, establishing a few days or weeks of the year in which all products offered at E-Commerce will be offered at a discount to registered Buyer Users;

9.4. JANUCA shall provide the Customer / User with a complaints management tool regarding the products offered in E-Commerce, being obliged to make the returns procedure provided for in this Agreement viable;

 

ARTICLE 10 (Exchange and Return Policy)

10.1. The right of free termination of the Contract

10.1.1. The Customer / User is entitled to free termination of this Agreement within the first 14 days from the date on which he acquires physical possession of the product (s);

10.1.2. In the event that several products have been purchased, the period of free resolution referred to ends after 14 days have elapsed from the date on which the customer or the third party authorized to receive the products is in possession of the last of the product (s) ) acquired (s);

10.1.3. In order to exercise the right of free termination of this Agreement, the customer may contact JANUCA through the tools available on this website or through the address also indicated on this website, intended for customer service / User; by filling in the contact form provided on the website or by other means informing about your decision to terminate this contract. In any event, the statement in this regard must be unambiguous. If the right to free termination of the contract is exercised electronically, Seller will acknowledge receipt within 24 (twenty four) hours.

10.1.4. Payments made, including delivery costs by CTT post office estimated on this website, will be reimbursed to the Client / User, with the exception of additional costs resulting from the choice of a shipping method other than the least costly normal shipping method offered by us, the no later than 14 (fourteen) days from the date the Seller is informed of the decision to terminate the contract;

10.1.5. The refund is made using the same payment method used in the initial transaction.

10.1.6. The Customer / User must return the goods to JANUCA's care, at the address indicated on this website, without undue delay and no later than 14 (fourteen) days from the day on which he informs us of the free termination of the contract. It is considered that the deadline is respected if the goods are returned before the end of the 14 (fourteen) day period.

10.1.7. For the resolution period to be respected, it is enough that the communication from the Client / User regarding the exercise of the right of free resolution is sent before the end of the resolution period.

10.1.8. JANUCA may retain the refund until you have received the returned goods, and the respective quality control of the returned items.

10.1.9. In the return process, Users must accompany the e-ticket attached to the Delivery Confirmation;

10.1.10. The return expenses in cases of contractual termination must be borne by the Customer / User in case of opting for a form of return other than that suggested by the Seller;

10.1.11. Under the terms of article 17 of Decree-Law 24/2014, of 14 February, the right to free resolution does not apply in cases where: (i) products made according to the consumer's specifications or manifestly personalized are supplied; (ii) sealed goods are not eligible for return, for reasons of health protection or hygiene when opened after delivery;

 

10.2. Returns

10.2. Returns in the case of an offer (gift)

10.2.1. In the event of offer (s) (gifts) the Customer / User may enjoy the option of returning the purchased product (s), provided that (i) the return process is accompanied by the attached E-ticket Delivery Confirmation; (ii) the product (s) have (s) the original packaging, labels and other identification elements, as well as, are sealed (for reasons of hygiene, products that have already been opened after the delivery); (iii) has not been used and is in a condition to be sold; (iv) the purchase made by the Buyer User expressly mentions that it is an offer (gift); within 30 (thirty) days from the confirmation of the order issued by JANUCA;

10.2.2. The contractual right of return due to the offer (s) (gifts) of the products is only applicable to products that can be returned under the same conditions in which the buyer User user received them, so that they will not be accepted (i) products that have already been used; (ii) sealed products that are not suitable for return due to hygiene reasons and that have been opened after delivery; (iii) damaged products; serving for the assessment of such use of expertise performed by the Seller. Furthermore, the contractual right of return does not apply to personalized products.

10.2.3. In the event of a return, the refund of amounts already paid will be made using the same form of payment chosen to operate the original transaction within 14 (fourteen) days from the date the products are received by the Seller;

10.2.3.1. The right of refund by the Customer / User under this clause will only be confirmed after verification of the articles by the Seller's team. If, after the Seller's verification, any non-conformity with what appears in the provisions of item 10.2. Can be noted, the buyer will be sent a justified report in the sense of not accepting the return of the parts and the products will only be sent to the buyer again. in case of paying, in advance, all shipping costs by the Seller;

10.2.4. The costs of sending the return of the Buyer User to the Seller must be borne, in full, by the buyer;

11.3. Defective products

11.3.1. In cases in which, at the time of delivery, it is considered that the product (s) is not in accordance with the provisions of the contract, the Customer / User should contact the Seller as soon as the non-conformity is verified to indicate product details and damage suffered or through Seller's telephone contact;

11.5.2. The Buyer must contact the Seller through the election complaint channel (e.g. contact form, telephone contact), which will mediate the process of replacing or possibly returning the amount paid for the product (s). In any case, you must present the e-ticket;

11.5.3. The Buyer User customer may choose to replace the product or to properly reduce the price paid for the item. The repair or replacement of the product (s) must be carried out within 30 (thirty) days at no charge to the Customer / User related to transportation, labor and material;

11.5.4. The amounts paid for the products returned for any damages or defects, will be fully refunded, including the delivery costs incurred with the shipment of the item and costs that the Customer / User has to return them. The refund must be made by the same payment method used to pay for the purchase;

11.5.5. Variations due to natural characteristics used in production, such as variations in grain, texture, knots and colors, will not be considered defects, especially because there are products developed manually that may contain small variations;

12.6. Exchanges

12.6.1. Size changes: in cases where the product (s) purchased by the Customer / User does not correspond to the appropriate size, it is possible to change the size for an equivalent piece, without incurring value due to the provision of additional product delivery services in new size, within 30 (thirty) days. It is essential that the Customer / User proceeds, in such cases, to return the original product to the Seller's physical address. This possibility does not affect the right of withdrawal mentioned above. It is imperative that: (i) the exchange process be accompanied by the E-ticket attached to the Delivery Confirmation; (ii) the product (s) have (s) the original packaging, label (s), e-ticket and other identification elements, as well as are sealed (for reasons of hygiene, products will not be able to be returned) that have already been opened after delivery); (iii) has not been used and is in a condition to be sold.

13.7. Other provisions

13.7.1. In any event where it is possible to verify that the returned products have been depreciated (eg poor maintenance of the asset; handling that exceeds that which is usually admitted in a commercial establishment, etc.) and the Client / User intentionally tries to avail himself of exchanges and refunds, he will be held responsible under the law.

13.7.2. The parties consent that orders to be sent to other Member States of the European Union through this website will not be borne, in the scope of transport, by JANUCA, the buyer being obliged to pay shipping and return costs, if applicable.

13.7.3. Returns should always take place by post to the address: Rua Estácio da Veiga, nº.s 7 and 7-A, parish of Amora, municipality of Seixal

 

ARTICLE 14 (Intellectual Property)

14.1. The Client / User acknowledges and consents that all copyright, trademark and other intellectual property rights in the materials or content that are provided as part of the website are, at any time, from JANUCA or from those who granted the user license to JANUCA. The Customer / User may only use the material in the manner expressly authorized by JANUCA or by those who have granted the use license to JANUCA;

14.2. JANUCA owns the Portal www.januca.pt  and holds all rights over the appearance, design, functionality and all other aspects of the Portal, and such rights may not be used, reproduced and / or copied without the express authorization of JANUCA.

14.3. The intellectual property of the products offered in JANUCA's E-Commerce is and will remain (unless otherwise stated in writing), the Seller's exclusive ownership. This Agreement does not constitute any transfer of ownership of these rights over the products offered, and Seller's ownership remains.

14.4. The Seller declares that the brands, corporate names, title of establishment, expression of advertising, slogans, images or any other intellectual property used by it for its own identification, do not infringe any intellectual property rights of third parties. Furthermore, it declares that its products and / or services exposed for sale in JANUCA E-Commerce do not infringe or infringe a patent, copyright, trademark, trade name, trade dress, image, industrial design, trade secret or, without limitation, any intellectual property rights of third parties, declaring Seller, finally, that this Agreement does not violate any assignments, licenses or concessions granted and signed between you and third parties. JANUCA may remove any advertisements, ceasing to be linked to them, when it sees fit.

 

ARTICLE 15 (User Reputation System and Product Quality Control)

15.1. JANUCA will provide Users with evaluation mechanisms (rating or ranking) of JANUCA's performance. The evaluation system will be made exclusively through the sharing of experiences and evaluation through grades attributed by buyers. Said assessment may be made to one or more products, as well as services, being entirely at the discretion of the person who will complete the assessment forms.

11.2. JANUCA reserves the right, in its sole discretion, to edit or delete comments that are offensive or that are contrary to these General Terms and Conditions and their attachments. JANUCA may also exclude opinions and / or comments about a buyer in compliance with a judicial, administrative or competent authority order that justifies the change.

 

ARTICLE 16 (General Provisions)

16.1. For all purposes and effects, the parties declare and guarantee that they act in accordance with Portuguese law, respecting the ethical and moral standards regarding their activity and / or profession and the quality standards of their segment. Furthermore, these Electronic Commerce Terms and Conditions are governed and interpreted according to the Laws of the Portuguese Republic.

16.2. The eventual invalidation, nullity or non-enforceability of any contractual provision will not affect the other provisions of this instrument, which will continue to be valid and enforceable.

16.3. JANUCA's Terms and Conditions of Use for Electronic Commerce are subject to constant improvement and improvement. Thus, the right to modify, at any time and unilaterally, these Terms and Conditions of Use is reserved.

16.3.1. The new Terms and Conditions of Use will come into force after 10 (ten) days from their publication on the Site.

16.4. The present general conditions of sale constitute the total agreement between the parties in reference.

16.5. These conditions apply for the duration of the services offered by JANUCA.

16.6. The computerized records, kept in the computer systems of the company JANUCA in safe conditions are considered as proof of the communications, orders and payments produced between the parties. Orders and invoices will be archived on a reliable and long-lasting medium to correspond to a faithful and long-lasting copy.

 

ARTICLE 17 (Alternative dispute resolution)

17.1. If, as a consumer, you believe that your rights have been violated, you can send your complaint to the email address on this website, in order to appeal to an extrajudicial resolution.

In this sense, if the transaction has been completed through this website, JANUCA informs the User (in accordance with EU Regulation No. 524/2013) that it has the power to try to resolve any dispute in an extrajudicial way through access to the electronic payment platform. online conflict resolution, by email: http://ec.europa.eu/consumers/odr/;

 

This document was last updated on: March 03, 2020