Terms and conditions of sale
General terms and conditions of sale for products purchased on SaltiSimo
ARTICLE 1. DEFINITION
1.1 In these general terms and conditions (the "General Terms and Conditions"), the term "Customer" shall mean any person wishing to purchase one or more products offered for sale (the "Product(s)") on the website www.saltisimo.com (the "Website") in accordance with the Terms and Conditions.
1.2 Each order placed by a Customer under the conditions set forth in these General Terms and Conditions shall hereinafter be referred to as an "Order". The companies used by the Supplier to deliver the Products to the Customer are hereinafter referred to as "Carriers".
ARTICLE 2. THE WEBSITE
2.1 Any Order validated by a Customer on the Web Site implies prior acceptance of these General Terms and Conditions.
2.2 The Website is operated by D.F.O.A Consulting, Lda (the "Supplier"), a simplified joint stock company with capital of 10,000 euros, whose registered office is located at rua Gaspar Corte Real, 301 - 3885-580 Esmoriz Portugal, NIPC 513288759, and whose VAT number is PT513288759.
2.3 Our Website is hosted by OVH, a simplified joint stock company with capital of 10,000,000 euros, whose registered office is located at 2 rue Kellermann, registered with the Roubaix - Tourcoing Trade and Companies Register under number 424 761 419.
ARTICLE 3 Conditions of use of the saltisimo.com website
3.1 The user must be at least 18 years of age to create an online account and make purchases on the www.saltisimo.com site. The user must use the www.saltisimo.com site in accordance with the provisions of the applicable legislation.
ARTICLE 4. SUBJECT OF THE GENERAL TERMS AND CONDITIONS OF SALE
4.1 The purpose of the General Terms and Conditions is to define the rights and obligations of the parties in connection with the sale on the Internet Site of Products offered by the Supplier to the Customer. In this respect, the Customer acknowledges that it accepts without reservation all of the provisions set forth herein under the conditions set forth below.
4.2 Insofar as the Customer places an online Order for the Products presented on the Web Site, the Customer's electronic acceptance on the Order validation page marks the conclusion of the contract between the Customer and the Supplier.
ARTICLE 5. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
5.1 The Supplier reserves the right to modify its General Terms and Conditions of Sale at any time and for any reason whatsoever.
5.2 However, Products ordered on the Website by Customers are governed by the General Terms and Conditions online at the date of the Order and accepted by the Customer.
ARTICLE 6. PROBATORY DOCUMENT
6.1 Contractual information concerning the Order will be confirmed by e-mail. The Supplier recommends that the Customer keep the Order confirmation e-mail or print it out. However, all documents archived in the Supplier's computer systems may also constitute legal proof of any communication, Order or payment made between the Parties.
ARTICLE 7. PRODUCT INFORMATION AND PRICES
7.1 The Products offered by the Supplier comply with current Portuguese legislation and the standards applicable in Portugal.
7.2 The Supplier shall clearly display on its website the total price of each product, including taxes and fees, additional transportation costs, postal or delivery charges or any other charges that may apply. The Supplier cannot be held responsible in the event of a computer, manual, technical or any other error, which would lead to an unforeseen substantial modification of the public sale price on the www.saltisimo.com site, the site reserves the right to cancel an order if it notices a display error.
Prices and products available on the www.saltisimo.com website, as well as promotional campaigns and offers, are only valid for purchases made via the www.saltisimo.com website.
7.3 The Supplier undertakes to honour Orders received within the limits of available stocks.
7.4 If a Product is unavailable, the Supplier undertakes to inform the Customer as soon as possible and to offer a similar Product or a credit note for all unavailable Products.
ARTICLE 8. ORDER
8.1 Only persons legally capable of entering into contracts and over eighteen (18) years of age may order Products on the Website.
8.2 When placing an Order, the Customer warrants that he/she has the full legal capacity to accept these General Terms and Conditions, i.e. that he/she is at least eighteen (18) years of age to enter into this contract.
8.3 When placing an Order, the Customer agrees to provide the information requested and undertakes to ensure that this information is true: first and last name, age, address, telephone number, e-mail address and, in the case of online payment, the type of payment card, card number, expiry date and security code.
8.4 The Customer must check all the information entered during the Order process and on the Order validation page (Product ordered, delivery address, billing address, telephone number, etc.). If, after validating his/her online Order, the Customer realizes that he/she needs to modify certain information, he/she may do so by contacting the Supplier's customer service department by e-mail immediately, so that the latter can best satisfy his/her request. The Supplier cannot be held responsible for any data entry errors made by the Customer, nor for their consequences in terms of delivery delays or errors. Thus, if delivery cannot take place due to an error in the Customer's data entry, or due to an erroneous entry, the Customer will be responsible for the cost of reshipment. In this case, the Supplier cannot be held responsible for failure to meet delivery deadlines.
8.5 The Supplier will send an e-mail confirming the Customer's Order to the e-mail address provided by the Customer in order to summarize the contractual information. This e-mail is sent once the Order has been validated and the associated payment has been received.
8.6 Orders are processed in the order in which they are actually registered by the Supplier and after confirmation of payment. The Supplier undertakes to process all Orders within the limits of available stocks. In the event of an Order for several Products, the Supplier may send each item in a separate parcel, which entails the payment of carriage costs for each parcel received, which the Customer accepts.
ARTICLE 9. LIABILITY
9.1 The Supplier may not be held liable for non-performance of the contract in the event of force majeure, disruption or total or partial strike, in particular of postal services and means of transport, communications (computer network breakdown, etc.), flood, fire, exceptional bad weather, etc.
9.2 The Supplier shall not be liable to any Customer or any third party for any indirect damage, loss of profit or loss of turnover arising in any way whatsoever.
ARTICLE 10. PAYMENT
10.1 Validation of payment by the Supplier enables parcels to be dispatched to the Customer's delivery address specified in the Order.
10.2 Payment must be made at the time the order is placed. The Customer may pay for the Order in several ways: Firstly, by paying online by credit card (Carte Bleue, VISA, Eurocard / Mastercard) or via PayPal. In the case of online payment by credit card, the Customer is required to provide the type of credit card, the credit card number, the expiry date and the cryptogram. The Customer guarantees that he/she is fully authorized to use said card and that the card gives access to sufficient funds to cover all costs arising from his/her Order and its shipment; by online payment through Paypal; through Multibanco if the Customer has a Portuguese bank account and finally via Apple Pay if the Customer has this means of payment.
10.3 In order to limit the risk of fraud, the Supplier may carry out checks on the validity of payments made on the Website. In the event of a check, the Customer will be notified by e-mail of the supporting documents (a legible photocopy of both sides of an identity document and proof of address) to be sent to the Supplier in order to allow final validation of the Order. Following this possible check, the Supplier reserves the right to accept or reject the Order. If the supporting documents are not received within forty-eight (48) hours, the Supplier will refuse to validate payment and will reject the Order.
10.4 For the security of transactions carried out on the Website, the Supplier uses Stripe and its payment infrastructure for e-commerce. As well as PayPal. The customer's bank details are encrypted on the customer's own computer, and then transmitted securely to the bank's server without the supplier's knowledge. Once payment has been validated, the data transmitted is destroyed and does not remain on the Stripe and Paypal servers. This is why the Supplier requests the Customer's payment details for each new Order.
10.5 In particular, the Supplier reserves the right to refuse to make a delivery or to honour an Order from a Customer who has not fully settled a previous Order or with whom a dispute has not been resolved. Until full payment of the price of the Products invoiced by the Supplier to the Customer, the Products remain the property of the Supplier.
ARTICLE 11. RIGHT OF WITHDRAWAL AND RIGHT OF RETURN
11.1 In accordance with the provisions of article L 121-20 of the French Consumer Code, the Customer has a right of withdrawal within fourteen (14) days of receipt of the Order. The latter may thus obtain the right to return a Product which does not suit him/her, without penalty.
11.2 In the event of the Customer exercising his right of withdrawal, and in accordance with the provisions of article L. 121-20 of the French Consumer Code, the cost of returning the Order shall be borne by the Customer.
11.3 Any return request received by the Supplier after this fourteen (14) day period for any reason whatsoever will not be accepted.
11.4 To exercise his right of withdrawal, the Customer must first contact the Supplier's customer service department by e-mail, indicating "request for return" in the subject line of the e-mail. The Supplier's customer service will then give the Customer a return number.
11.5 If the return is due to a change of mind, the Customer must go to his post office and send (at his own expense) the Order to the address communicated to him by the Supplier. The Customer then has a period of fifteen (15) days for the Supplier to receive the Product.
11.6 When the Order to be returned has been delivered by post and the return is due to an error by the Supplier or a non-conformity of the Product, the customer service department will send the Customer a return slip enabling him to send the Product free of charge.
11.7 The Product must be returned to the Supplier in a condition fit for resale, i.e. in compliance with the return conditions set out below: Product unused (i.e. sealed and unopened for liquids), undirty, undamaged, unmodified and unscratched in its original packaging.
11.8 Products must be accompanied by the return number provided by the Supplier and the sales invoice.
11.9 The risks associated with the return of the Product, whatever the cause, are the responsibility of the Customer. If the Product is lost during shipment, the Customer is solely responsible and must take action against the Post Office. The Supplier will not reimburse the Customer.
11.10 If the right of withdrawal is exercised in compliance with the conditions stipulated herein, the Customer will be offered either a credit note or a refund of the amount of the purchase, excluding the amount of shipping costs paid by the Customer. If the Customer chooses a refund, the Supplier will make every effort to reimburse the Customer within fourteen (14) days from the date of receipt of the returned Product. If the Customer is reimbursed by bank credit, the speed with which the bank account is credited depends on the Customer's type of bank card: in the case of an immediate debit card, the current account is generally credited within three (3) to eight (8) days, depending on the bank; in the case of a deferred debit card, the credit appears at the end of the month on the credit card account and not on the current account. If repayment takes longer, the Customer must contact his bank himself.
11.11 If the returned Product does not reach the Supplier within the time limits and conditions stipulated in the present article, the Customer may neither be reimbursed nor obtain a credit note. In this case, if the Customer wishes to use the Product again, he must send an e-mail requesting this to the Supplier, who will then send the Product as soon as possible. The cost of reshipment shall be borne by the Customer and shall be payable in advance.
11.12 If the Product returned under the right of withdrawal reaches the Supplier in a condition other than New, a discount of the original amount will be applied before reimbursement.
11.13 Certain products are excluded from the right of return once they have been used for the first time, for obvious reasons of hygiene: atomizers, replacement resistors, drip tips or clearomizers, for example.
ARTICLE 12. DISPUTES
12.1 In the event of national and cross-border disputes initiated by the Customer against the Supplier concerning contractual obligations resulting from an order placed on the Site and concluded between the Supplier and the Customer residing in Portugal and the European Union, the Customer may use a consumer dispute resolution entity.
12.2 The Supplier who is established in Portugal is subject to the necessary arbitration or mediation, within the framework of consumer disputes of low economic value (up to €5000) when, at the express choice of the consumers, they are submitted to the designated arbitration court legally authorized consumer dispute arbitration centers.
Portugal currently has the following consumer dispute resolution bodies:
12.3 In the case of national and cross-border consumer disputes, in the context of online placement, the Customer may have recourse to the European Consumer Centre via the ODR platform ("online dispute resolution"), with jurisdiction to resolve disputes relating to contractual obligations arising from online sales or service contracts. Access the platform for alternative electronic dispute resolution here in national and cross-border purchase and sales contracts or online services.
12.4 For complaints concerning purchases made on the Supplier's Site, you may contact the Supplier via the following e-mail contact@saltisimo.com. For further information, visit the Consumer Affairs website: www.consumidor.pt .
ARTICLE 13. APPLICABLE LEGISLATION
13.1 These terms and conditions and any contracts that may be entered into pursuant to them shall be governed by Portuguese law.
