General Terms and Conditions for Retail Customers / Consumers
§ 1 Scope
These General Terms and Conditions (T&C) apply to the contracts concluded between a Retail Customer / Consumer
JUICYPLANET LDA (NIF 516713043), so called "The Green Blue Company", Avenida Barbosa du Bocage, n°87, 2° Andar, 1050-030 LISBOA, Portugal,
through his online store.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
§ 2 Applicable law & Mandatory consumer protection provisions
(1) Portuguese law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, if
(a) you have your habitual residence in Portugal, or
(b) your habitual residence is in a state that is not a member of the European Union.
(2) In the event that you have your habitual residence in a member state of the European Union, the applicability of Portuguese law shall also apply, without prejudice to mandatory provisions of the state in which you have your habitual residence.
§ 3 Conclusion of the contract
(1) The presentation of the goods in our online store does not constitute a legally binding offer, but an invitation to order (invitation).
(2) By clicking the "Place Order" button in the last step of the ordering process, you submit a binding offer to purchase the goods displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or sending the goods to the dispatch. Therefore, please check the SPAM folder of your e-mail box regularly.
§ 4 Technical steps up to the conclusion of the contract and correction of input errors
As part of the ordering process, you first place the desired goods in the shopping cart. There you can change the desired number of items at any time or remove selected goods completely. If you have deposited goods there, clicking on the "Proceed to Checkout" buttons will first take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your entries. You can correct any of your input errors at any time before payment. If you want to cancel the ordering process completely, you can also simply cancel your order or close your browser window. Otherwise, after clicking the confirmation button "Place Order", your declaration becomes binding in the sense of § 3 (2) of these terms and conditions.
§ 5 Storage of the contract text
The contractual provisions with details of the ordered goods, including these General Terms and Conditions and the cancellation policy are available in your customer account after successful registration as a user at any time. A storage of the contract terms by us does not take place.
§ 6 Registration in the online store & Processing of your personal data
(1) You can order goods in our online store as a guest or as a registered user. As a registered user, you do not have to provide your personal data each time, but you can simply log in to your customer account before or during an order with your e-mail address and the password freely chosen by you during registration. Registration alone does not imply any obligation to purchase with regard to the goods offered by us.
§ 7 Terms of Payment & Pricing
(1) The purchase price is due immediately with the order. Payment of the goods is made by credit card (we use the transmission method "SSL" to encrypt your personal data), or with the payment options available during the ordering process.
(2) All prices include the statutory sales tax (VAT), but do not include shipping costs, unless expressly stated otherwise.
§ 8 Retention of title
The goods remain our property until full payment.
§ 9 Delivery conditions
We deliver the goods according to the agreements made with you. Incidental shipping costs are listed in each case with the product description and are shown separately by us on the invoice.
§ 10 Right of withdrawal
As a consumer, you are entitled to a right of withdrawal in accordance with the following instructions. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1. RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us, The Green Blue Company, Avenida Barbosa du Bocage, n°87, 2° Andar, 1050-030 LISBOA, Portugal, e-mail: [email protected], by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2. CONSEQUENCES OF REVOCATION
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or return the goods immediately and, in any case, no later than fourteen days from the day on which you notify us of the revocation of this contract to the following address:
11, rue Paul Rischard
The deadline is met if you send the goods before the deadline of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
3. EXCLUSION/EXPIRATION OF THE RIGHT OF REVOCATION
A right of withdrawal does not exist for the following contracts:
· Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
· Contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded,
· Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
· Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
4. ADDITIONAL NOTES
In the event that you return the goods to us, we ask that you use the original packaging, if still available.
5. Sample withdrawal form
If you wish to cancel the contract, please fill out this form below and return it to:
JUICYPLANET LDA (The Green Blue Company) Avenida Barbosa du Bocage, n°87, 2° Andar, 1050-030 LISBOA, Portugal, E-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
-ordered on: (*) / received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only in case of notification on paper)
(*) Delete if not applicable
End of right of withdrawal section.
§ 11 Voluntary right of return
(1) If a consumer is not satisfied with the merchandise, he may contact within thirty (30) days of receipt, [email protected] to return the unused portion of their merchandise order without cause for a full refund of the purchase price of the unused merchandise, less any shipping and handling charges incurred.
(2) This voluntary right of return applies expressly only to orders for goods that the consumer has made directly to The Green Blue Company. on the basis of these T&C. The statutory right of withdrawal within the meaning of § 10 remains unaffected.
§ 12 Warranty for purchases of goods
(1) Insofar as the goods purchased and delivered in our online store are defective, you are entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
(2) The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become time-barred within the regular limitation period.
(3) Furthermore, you shall also be entitled to rights due to defects within the scope of a quality and/or durability guarantee, provided that we have expressly given such a guarantee with regard to the sold item in the individual case.
(4) Additional quality guarantees, if applicable, will be displayed next to the product description on the sales website of The Green Blue Company.
§ 13 Limitation of Liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance with which you as a customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.
(2) The above exclusions of liability shall not apply in the event of injury to life, limb and health. The liability according to the product liability law as far as relevant and applicable remains unaffected.
§ 14 Jurisdiction; Online Dispute Resolution and Alternative Dispute Resolution;
(1) If you had your domicile or habitual residence in Portugal at the time of conclusion of the contract and have either moved out of Portugal at the time we file suit or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes is the registered office of Green Blue Company.
(2) The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/.
(3) We are not obligated or willing to participate in a dispute resolution procedure in accordance with the Portuguese Alternative Dispute Resolution Mechanisms (ADR´s).
§ 15 Severability clause
Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract, which shall remain in effect.
Status of the General Terms and Conditions: April 26th 2022