GENERAL TERMS OF USE

Introduction

These general terms of use (hereinafter referred to as “General Terms of Use”) relate to the use of the online platform available at the address https://madein-shops.com (hereinafter referred to as “Online Store Made In”), developed and owned by BF WOMAN, headquartered at Lisbon – Portugal, VAT 516247336.

In particular, these General Terms of Use regulate the use of the Made In Online Store by interested parties who register in it in order to become customers (hereinafter “Buyer” and/or “Buyers”) and, as well, by suppliers. (hereinafter “Supplier” and/or “Suppliers”) who wish to make their products available there (hereinafter “Products”) for purchase by the former, through an ordering process to be carried out under the terms set forth herein for the purchase and sale of the Products between Users and which may include one or more Products.

Made In will not be responsible for the activity of Users in the Made In Online Store, and is in no way bound to approve, consent or in any way control their activity, and all activities allowed to Users may be carried out in the Made In Online Store. , within the limits established in these General Terms of Use, other complementary documents and applicable legislation, and sold all types of products, except those expressly identified in the “List of Products Not Allowed in the Made In Online Store” as well as others that Made In will define at any time and also of any and all products whose trade is prohibited by national law.

The use of the Made In Made In Store is subject to the prior and express acceptance of these General Terms of Use by the Users who, without prejudice to the provisions of point 2 below, must, mandatorily, express their full consent to them at the time of their register in the Online Store.

These General Terms of Use are permanently available on the Made In Online Store for consultation and printing by any interested party, who may also save them in digital format, and at any time.

1. MADE IN ONLINE STORE FRAMEWORK AND MADE IN FUNCTION

1.1 Through the Made In Online Store, Made In grants Suppliers the opportunity to sell Products to Buyers and to these Buyers the possibility of purchasing them from Suppliers, also allowing Buyers, among other activities to be defined at any time, to share and disseminate the Products they purchase, the Products they would like to purchase and the Products they think third parties might be interested in purchasing.
1.2 In this way, Made In’s role focuses on the management, promotion, maintenance and development of the Made In Online Store, participating in transactions that are or will be promoted and/or carried out through it, thus being an integral part of the orders. The purchase and sale business is carried out between the Users and Made In. Made In is an integral part of the purchase process, providing users with the indispensable forms of payment for the Products, receiving directly from the Buyers the amounts paid by them as price and subsequently delivering them to the Suppliers under the terms agreed with them.

2. ACCEPTANCE OF THE GENERAL TERMS OF USE

2.1. Users must carefully read these General Terms of Use before registering on the Made In Online Store and carrying out any actions there (namely any Orders), it is also advisable to print and file them.
2.2. As mentioned above, Users express their consent to these General Terms of Use at the time of registration at the Made In Online Store, this consent being renewed by Buyers whenever they place an Order and by Suppliers whenever they accept them.
2.3. Made In may change the content of these General Terms of Use at any time and without prior notice, including the possibility that any of its supplementary documents may be amended.
2.4. To the use of the Made In Online Store – including the placing of Orders – the General Terms of Use and other complementary documents will apply, namely those referred to in the Introduction, and the reading, analysis, understanding and interpretation of these documents will apply. always be done in a joint, integrated and complementary way.
2.5. The General Terms of Use in force on the date on which it was completed will apply to a particular Order and not others that may be in force on the date on which any claim or dispute arises.

3. USER RESPONSIBILITY

3.1. The responsibility derived from the use of materials protected by intellectual and industrial property rights contained in the Made In Online Store will be exclusive to the user.

3.2. If the Buyer wishes to delete his/her registration in the Made In Online Store, he/she can easily do so in the area intended for the buyer, and the respective personal data and other information provided by the Buyer in question will be eliminated under the terms of the Privacy Policy mentioned in Point 14 of the these General Terms of Use.

4. ACTIVITIES OF UNREGISTERED USERS IN THE ONLINE STORE

4.1 Until the successful completion of the registration of a Buyer, he will always be able to access the Made In Online Store having access to the content made available by the suppliers, and he will also be able to place orders, being only asked for the data necessary for the conclusion of the same. All actions on the Platform require prior registration/login.

5. BUYER ACTIVITIES IN THE MADE IN ONLINE STORE

5.1 Purchasing Products: Each Buyer may place Orders, or simply add Products that interest them to their “Shopping Cart”, anywhere on the platform.
5.2 Made In reserves the right to change the list of activities available to Buyers in the Made In Online Store, in the way and time it deems convenient, useful or necessary in its sole discretion.

6. PLACEMENT OF ORDERS BY MADE IN BUYERS

6.1. The Order process will necessarily include the following phases:
6.1.1. Product(s) Selection Phase: The Buyer must choose the product(s) object of his/her Order that is(are) present in the online store;
6.1.2. Order Instruction Phase: The Buyer must provide the information required throughout the Order process, which will consist, namely, of the delivery address, shipping method, payment method and tax identification number;
6.1.3. Confirmation Phase: The Buyer must confirm the correctness and authenticity of all elements supplied by him, as well as his acceptance of the price(s) of the Product(s) object of the Order, the shipping costs, delivery period indicated by Made In for each Product object of the Order, and any other expenses associated with it, as well as analyzing and, if applicable, giving your consent, to the “Shipping, Returns and Exchanges Policy” from Made In;
6.1.4. Payment Phase: The Buyer must indicate which means of payment he intends to use for the purpose of paying for the Product(s) object of the Order;
6.1.5. Order Completion Phase: The Buyer must terminate his Order, with the consequences referred to in point 6.2. below, by selecting the option indicated in the Made In Online Store for this purpose;
6.1.6. Made In Confirmation Phase: The Buyer will receive an email in which Made In will confirm the successful completion of the Order, indicate an “Order Number” which the Buyer must use in all subsequent communications with the Supplier, deliver the invoice for the transaction.
6.2. At the end of the ordering process, the Buyer validates it by expressing its full and complete acceptance of these General Terms of Use, which implies, in particular, the acceptance of the chosen Product(s), respective price and description, as well as the assumption of all rights and obligations arising from these General Terms of Use and other documents referred to herein, in particular the “Shipping, Returns and Exchanges Policy” of Made In.
6.3. After the completion of the Order process, described in point 6.1. above, the Supplier concerned must prepare the order, in accordance with the shipping policy, so that the carrier can collect the Product and deliver it to the Buyer’s address or at a delivery point of the carrier if that was the option chosen. , thus complying with all legal duties to which it is subject under the terms of the legislation in force.
6.4. In the message referred to in point 6.1.6. above, will also be sent by Made In to the Buyer, in addition to the information required by law, all the data introduced by the second during the Order process will be included, having the latter to verify their accuracy and, if necessary, immediately notify Made In of any necessary changes, being therefore entirely your responsibility for the eventual consequences of any error or lapse in completing the Order.
6.5. Made In gives the Buyer the opportunity to monitor the execution of the Order in the Made In Online Store, at any time after its completion.
6.6. The completion of the Order will constitute proof of the request, under the terms of the legal provisions, allowing the enforceability of the amounts that appear on the respective receipt.
6.7. Buyers and Suppliers agree that the computerized records, kept in Made In’s computer system under security conditions, prove the communications made, as well as the Orders and payments made.

7. PAYMENT OF ORDERS BY BUYERS

7.1. Made In will entrust an external entity that guarantees the full, safe and correct execution of payments that may be made by Buyers in the Made In Online Store, namely the inviolability of bank details provided by Buyers.
7.2. Payment for the Product(s) purchased at the Made In Online Store must be made by credit card or ATM payment under the terms indicated in the document “Payment Policy”.
7.3. The invoice for each Order will be issued by Made In and will be sent to the Buyer, being instructed with the information provided by the Buyer (no changes will be allowed after the invoice has been issued).
7.4. The prices of the Products are clearly indicated in the Made In Online Store, and are expressed in euros (€); these prices do not include: (i) shipping costs for the Product(s) purchased; (ii) the amounts corresponding to any taxes and/or import customs duties that are due for the importation of these products, expenses that will be borne by the Buyer who carries out the Order.
7.5. The shipping costs of the Product(s) purchased, which may vary depending on the mode of shipment, the value of the Order, the weight and destination of the same(s), will be presented in a detailed manner before the completion of the Order.
7.6. When we process your order, we will inform you as soon as possible by email if any of the products included in your order are not available. In this case, we will not charge any amount for said product.

8. DELIVERY OF ORDERS TO BUYERS

8.1. Made In, together with the Supplier selling the Product(s) purchased and the Carrier, will honor the duly completed orders in the shortest possible time, carrying out the respective shipment in accordance with the “Shipping, Returns and Exchanges Policy” made available. to the Made In Buyer and accepted by the Buyer upon completion of the order.
8.2. In some cases Made In will not be able to confirm a specific delivery date when the Buyer places his order. In such cases, it will give the best estimate, usually indicating a range of days. In addition, the Buyer may check the status of his order at any time in the respective personal area of ​​the Made In Online Store or by contacting customer service via email. support@madein-shops.com.
8.3. Upon delivery of the Products to the Buyer, the Buyer must carefully check:
a) That the tamper-proof label (if applicable) remains intact and that the packaging has not been damaged or altered in any way;
b) That the Product(s) delivered correspond to the Product(s) purchased at the Made In Online Store; and
c) That the number of the Product(s) delivered corresponds to the quantity of the Product(s) purchased at the Made In Online Store;
d) That the product is in good condition.
8.4. The Buyer must immediately communicate, via email support@madein-shops.com, any violation of the tamper-proof label on the Product packaging (if applicable) or if the number of items/packages or indications does not correspond to that indicated on the respective invoice or if the product is defective by contacting the Made In Online Store and indicating the Order where the problems occurred.

9. ORDER WARRANTIES

9.1 Compliance with the legislation procedures applicable to the sale of products through deals concluded at a distance to suppliers of goods, in particular as discounts that are used for consumers, is the responsibility of Made In.
9.2 As a result of the provisions of point 9.1 above, Suppliers are obliged, vis-à-vis Buyers and Made In, to fully and timely comply with the obligations indicated and established therein, all in accordance with the applicable law and the respective “Shipping, Returns Policy and Exchanges” by Made In.

10. RIGHT OF FREE RESOLUTION

10.1. In order to exercise the right of Free Withdrawal, the Buyer will have to return all material received, under postal registration and within 14 days from the receipt of the order. This material must be new and complete, as at the time of receipt of the order, and the products must be returned to us in their original condition.
10.2. The Buyer must send by email support@madein-shops.com or contact us through the message channel provided in the “Order Area” expressing your intention to return and your reasons.
10.3 In addition to what is mentioned in point 10.2. above, the Buyer will find in the “Order Area” of the Made In Online Store all the necessary means for the full and timely exercise of their legal rights, being able at any time to have access in real time, to the “status” of all Orders that performed and, at the same time, choose to exercise their “right of free resolution” on the Product(s) that comprise it, if the requirements for exercising the right in question are met.
10.4 For the exercise of the right and free resolution, within 14 working days, pursuant to the provisions of Decree-Law no. 47/2014, of 28/07 for return, exchange or activation of the product warranty, Buyers should consult the “Shipping, Returns and Exchanges Policy” of the Made In Online Store.

11. PRODUCT QUALITY AND CHARACTERISTICS

11.1 The Suppliers guarantee that the Products made available in the Made In Online Store are in accordance with national and community legislation in force, being individually responsible for any non-compliance.
11.2 Suppliers undertake to follow certain sustainability principles such as recycling and choosing durable raw materials; ethical and sustainable products; transparency in actions, such as consumption of water, energy and working conditions; and local production.
11.3. The images and colors of the Products published on the Made In Online Store may differ from their actual images and colors due to the display settings of the local systems and/or the devices used by Buyers to display them.
11.4. Suppliers assure Made In that when selling these products using the Made In Online Store, they respect all applicable norms and rules, including, but not limited to, the provisions of Law 98/2015, of 18 August, as amended by the DL 120/2017, of 15 September.

12. FOR COMPLAINTS AND COMPLAINTS

12.1. For complaints and claims regarding the online store, you can contact it via the following email support@madein-shops.com or additionally through our complaints book. More information on the website of the Directorate-General for Consumers:www.consumidor.gov.pt

13. MADE IN ONLINE STORE MANAGEMENT

13.1. Suppliers acknowledge that the management of the Made In Online Store is Made In’s responsibility and that they have no right or expectation to interfere in these activities.
13.2. The Suppliers further acknowledge that Made In is perfectly free to, according to the criterion that it deems most relevant, authorize the entry of any new Suppliers or eliminate the accounts of those who, in its free and exclusive discretion, harm the operation of the Store. Online Made In or contribute in any way to some kind of imbalance in the relationship between all Suppliers.
13.3. Made In is not responsible for any inconvenience or damage caused to Suppliers and Buyers by the use of the internet, namely those arising from the occurrence of a service rupture, external intrusion, anomalies caused by computer viruses or any other cause to which be alien.

14. PRIVACY POLICY

14.1. Made In manages Users’ information in accordance with the legal provisions applicable to the protection of personal data, as specified in the specific section of the Made In Online Store with the title “Privacy Policy“.

15. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

15.1. The information provided by Made In or by third parties in the Made In Online Store is protected under the legal provisions regarding industrial and intellectual property rights and other rules provided for in the specific section of the Made In Online Store with the title “Property Policy Industrial and Intellectual”.

16. CONFLICTS AND JURISDICTION

These General Terms of Use are subject to Portuguese law and any disputes resulting from their interpretation, integration or execution will be settled by the courts of the district of Lisbon, the Parties expressly waiving the jurisdiction of any other Court.
Under the terms of Law nº 144/2015 of 8 September, in the event of a dispute, the parties may resort to an Alternative Consumer Dispute Resolution entity, with the Territorial Authority in Portugal for this purpose, the Arbitration Center for Consumer Disputes. Consumo de Lisboa, located at Rua dos Douradouros, 116, 2º 1100-207, Lisbon, available at www.centroarbitragemlisboa.pt Or, outside Portugal, on the European Commission’s RLL Platform, accessible at:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY

1. General Principle

1.1. The rights relating to intellectual and industrial property such as brands, logos, texts, photographs, icons, images, as well as the graphic design, source code and other software elements contained in the Made In Online Store are the property of Made In, and form, subject to intellectual and industrial property rights, safeguarded by Portuguese and international legislation.

2. Prior Written Authorization

2.1 The availability of Products in the Made In Online Store does not imply the waiver, transmission, total or partial assignment of rights derived from intellectual and industrial property, nor does it assign rights to use, change, exploit, reproduce, distribute or communicate public information about these contents, without the prior and express written authorization of the respective rights holders.
2.2 The provisions of the preceding paragraph do not preclude the rights to view and obtain a private backup copy of the contents referred to therein, whenever: (i) these rights are exercised in accordance with the principles of good faith; (ii) their intellectual and industrial property remains unchanged; and (iii) are exercised without profit intentions and exclusively for the User’s personal and exclusive information.

3. User Responsibility

3.1. The responsibility derived from the use of materials protected by intellectual and industrial property rights contained in the Made In Online Store will be exclusive to the user.

4. Intellectual and Industrial Property Policy and General Terms of Use

4.1. This “Intellectual and Industrial Property Policy” is an integral document of the “General Terms of Use” of the Made In Online Store and its reading, analysis, understanding and interpretation must always be done in accordance with and in conjunction with the terms and conditions. established in the document in question and other complementary documents, duly identified therein.

5. Abbreviations

5.1. In view of the provisions of the previous point, the terms starting with a capital letter in this “Intellectual and Industrial Property Policy” have the same meaning as given in the “General Terms of Use” of the Made In Online Store, unless this document results a different meaning.