Terms and conditions

SCOPE AND OBJECT OF THE GENERAL STORE CONDITIONS

These General Conditions are intended, together with the order form and other elements referred to therein, to regulate the terms and conditions under which the provision of the Missus Online Store Service will be governed.

The Service consists of providing, through the address www.missus.pt, access to the Online Store which, in addition to providing information relating to a set of products and/or services, allows the User, electronically, to order the products advertised there, under the terms and conditions described here.

The order of products must be made by Users aged 18 (eighteen) years or over (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, with the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.


PRODUCT INFORMATION AND CONTENT

Missus will do everything possible to ensure that the information presented does not contain manufacturing errors, which will be quickly corrected whenever these occur. If you purchase a product that contains a defect or different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right to free resolution – see point 9).

Missus will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for Missus to control, such as human errors or incidents in computer systems, it will not be possible to make some of the products ordered by the User available. . If a product is not available after placing the order, you will be notified by email or telephone. At that moment you will be presented with the possibility of canceling the order with a corresponding refund, if you have already made the respective payment.

All information about price, products, specifications, promotional actions and services may be changed at any time by Missus.


RESPONSIBILITIES

3.1 All products and services sold in the Missus Online Store are in accordance with Portuguese Law.

3.2 The Store has adequate levels of security, however Missus will not be responsible for any losses suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or possible computer viruses or resulting from the downloading through the service of infected files or containing viruses or other properties that may affect the User's equipment. If, for any reason, due to an error in accessing the Missus Online Store website, it is impossible to provide the service, Missus will not be responsible for any losses.

3.3 Data and information consultations carried out within the scope of this Service are presumed to have been carried out by the User, and Missus declines any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 Missus will not be responsible for any losses or damages caused by abusive use of the Service that are not directly attributable to it as an act of intent or gross negligence.

3.5 Missus is not responsible for losses or damages resulting from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as an act of intent or gross negligence, and is not responsible in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) by non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or (iv) by non-compliance or defective performance resulting the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to Missus and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Missus that prevent or harm the fulfillment of the obligations assumed.

3.6. Missus does not guarantee that:

i) the Service is provided uninterruptedly, is secure, error-free or functions infinitely;

ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any User expectations in relation to it;

iii) any material obtained in any way through the use of the Service is used at the User's own risk, the User being solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.

iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that Missus cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of the occurrence of these damages), resulting in:

i) the use or inability to use the Service;
ii) the difficulty in obtaining any substitute for goods/services;
iii) unauthorized access or modification to personal databases.


CONSUMER OBLIGATIONS

4.1. The user undertakes to:

i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the imposed order limits.

4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Missus declines any responsibility. If the consumer violates any of these obligations, Missus reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services simultaneously made available by Missus to the same User; and, furthermore, not allow the User future access to any or all services provided by Missus.

4.3. The use of products and services purchased for commercial purposes, namely for the purpose of reselling goods, is expressly prohibited.


PRIVACY AND PROTECTION OF PERSONAL DATA

5.1. Missus guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as being mandatory to provide are essential for the provision of the Service by Missus. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Missus refusing to provide the Service.

5.3. The User's personal data will be processed and stored electronically and are intended to be used by Missus within the scope of the contractual and/or commercial relationship with the User.

5.4. In accordance with applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to their use for the purposes set out in the previous number, and for this purpose you must contact the entity responsible for processing personal data: Loving Swimsuits Missus, lda.

5.5. The Internet is an open network, meaning that the User's personal data, other personal information and all content hosted on the service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for the effect, and Missus cannot be held responsible for this access and/or use.


ORDER CANCELLATION

6.1 At the User's request

The User may cancel their order by requesting it from Missus via telephone number or email referring to the order number, which will be accepted as long as it has not yet been processed. After processing, Missus will attempt to deliver it, but the User has the option of not accepting it.

For the purpose of cancellation, the User must provide the following data to Missus:

a) Order number
b) NIF with which you placed the order and delivery address

6.2 By decision of Missus

Missus reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Missus reserves the right not to process any order or refund, in the event of errors in the values ​​and/or characteristics of the products, when these arise from technical problems or errors beyond Missus' control.


EXCHANGES

7.1. If the customer is not completely satisfied with their purchase, they can exchange it within 30 days, as long as the item is duly accompanied by the invoice, has no signs of use and is packed in the original packaging.

7.2. Exchanges can be made in store or through a courier. Transport costs for the first exchange are borne by the brand. In case of a second exchange, shipping costs are the responsibility of the customer.

7.3. When the courier receives the order, he will already be waiting to receive the item he has with him, so it will be exchange for exchange.

The order must be sealed or in an intact packaging if you wish to keep the box with you.


RETURN (RIGHT OF RESOLUTION)

8.1. The User, if he or she is a consumer, may exercise the right of withdrawal without any compensation being required, within 14 (fourteen) working days counting from the day on which the consumer acquires physical possession of the good.

In accordance with Decree-Law no. 24/2014, of February 14, in exchanges/returns made in the online store, the customer has 14 (fourteen) days, after receipt of the order at the address chosen by the customer, to be able to carry out.

If you choose to collect your order in a physical store, the 14 days start from the day you receive notification that your order is ready for collection in store.

To exercise this right, the User may use the draft indicated below, and must indicate all their identification data, the subscribed service they wish to purchase and the date of subscription. Communication must be made by letter, by returning the purchased item, or by other appropriate means capable of proof within the period defined above.

The consumer must, within 14 (fourteen) business days from the date of communication of the resolution, return the goods to Missus in the appropriate conditions of use.

For an exchange/return to be carried out successfully, the item must be delivered in perfect condition (without having been used, washed or having odors), in the same way it was sold and accompanied by the respective invoice, tags, hygienic protector, cups and bag.

No exchanges/returns will be made for items that have been altered, washed, used, or damaged in any way due to misuse.

To make a return through our returns portal go to https://return.iflastmile.com/missus

All items must be returned with the original accessories (tags, bag and hygienic protection) or a refund will not be made.

Missus does not provide returns on items purchased in the physical store.

The packaging must be returned complete, as delivered and accompanied by all documentation received, namely the following documents: sales invoice . The packaging and documents indicated must be sent to the following address:

Missus
Oeiras Parque Shopping Center
Av. António Bernardo Cabral de Macedo, Missus store – 2019 – 2nd Floor
2770-219 Paço de Arcos


You can return the item free of charge to our physical store. As soon as the items are received in store, we will issue the refund within 5 to 10 business days. The refund will be made using the same original payment method, in cases where you paid via PayPal or Credit Card.

Payments via ref. MB, MBWay or Bank Transfer, the refund will be made via Bank Transfer and the customer will have to provide their IBAN.


If the User chooses other forms of return, other than returning the item in person to the store, the respective shipping costs will be their responsibility.

8.2. Upon receipt of the return at Missus, the User will be refunded the amount corresponding to the amount paid for the product (sales invoice amount). If you used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid. Shipping costs will be deducted from the amount paid, depending on the payment method used.

8.3. The refund method for the amount to be returned depends on the payment method used in the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is made up to a maximum of 10 (ten) days after receipt of the free resolution and receipt of the return of the item.

8.4. If any of the components of the item sold are missing or if any of them are not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent back to the initial shipping address.


MANUFACTURING DEFECT

9.1. In the event of a “manufacturing defect”, that is, when faults are detected in the products that, in principle, do not fall within the scope of the respective warranty, the User must return the product, together with a copy of the invoice and the “Order” form. “Product Exchange/Return” form completed, within a maximum period of 30 consecutive days from the date of the invoice, to the following address:

Missus

Oeiras Parque Shopping Center

Av. António Bernardo Cabral de Macedo, Missus store – 2019 – 2nd Floor

2770-219 Oeiras



If the User chooses other forms of return, the respective shipping costs will be their responsibility.

9.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, product, labels, hygienic protection) containing all the components that make it up, in excellent condition.

9.3. If any of the elements mentioned above are missing, or if any of the components are not in excellent condition, there will be no exchange and the product will be sent back to the User.



9.4. If your item has a defect and it did not arise due to misuse, you can complain for up to 2 (two) years after purchase. Simply present proof of purchase.

Resolution may take the following forms: repair, exchange, price discount or return with refund. However, it does not establish an order for activating each of these solutions. Therefore, the consumer can choose one, as long as it is possible and considered reasonable. For example, in the event of a small defect, which can be repaired with quick and simple intervention, it is unreasonable to require the item to be replaced.

The warranty period is interrupted during repairs. If, for example, you are deprived of the asset for 2 weeks, you can ask to extend the period for that period. During each repair, you will not be deprived of the asset for more than 30 consecutive days.

Whatever solution is found, you will not be charged any type of transport, labor, material or other costs.


INTELLECTUAL PROPERTY

10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of Missus.

10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

10.3. The User acknowledges that any content appearing in the advertising, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, laws relating to industrial property and other property protection laws, therefore Any use of these contents may only occur with the express authorization of the respective owners.

10.4. The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from carrying out any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making these contents available to the public or any other unauthorized acts that have the same contents as their object.


SERVICE SECURITY CONDITIONS

11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of legislation applicable to the processing of personal data and advertising communications, and must also observe the rules for using the Service, under penalty of Missus suspending or deactivating the Service under the terms set out in point 13.

11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network capable of being used by several users, and as such, subject to computer overloads, meaning that Missus does not guarantee the provision of the Service without interruptions, loss of information or delays.

11.3. Missus also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, external to Missus and which cannot be controlled by Missus).

11.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Missus undertakes to regularize its operation as quickly as possible.


SUSPENSION AND DEACTIVATION OF THE STORE SERVICE

12.1. Regardless of any prior or subsequent communication, Missus may, at any time, and in accordance with its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.

12.2. Missus also reserves the right to immediately suspend or terminate access to the Service in the following cases:

a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Missus ceases access to the Store, by means of prior notice 15 days in advance of the date of cessation.

12.3. The suspension or termination of the Service by Missus, under the terms of the previous paragraphs, does not affect the right of the User or third parties to any compensation or other compensation, and Missus cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, cancellation, cancellation of the Service.

12.4. In the situations described above, Missus will notify the User in advance so that they can, if they wish, safeguard the contents of their order viewing area within 3 (three) business days of sending the email or making it available information on the Service's main page.


COMMUNICATIONS

13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact .

13.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact telephone number and/or electronic mail (“e-mail”) indicated in the ordering process.

At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.


TECHNICAL SETTINGS

14.1. Without prejudice to the provisions of the following number, Missus may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.

14.2. The current version of these General Conditions and their annexes is available on the website www.missus.pt


COMMUNICATIONS II

15.1. Whenever Missus deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.

15.2. Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, Missus may change its technical configurations whenever this proves convenient to adapt it to possible technological developments.

15.3. However, Missus does not guarantee the User that any upgrades or improvements to the Service will be made.

15.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of use.


CLAIMS

16.1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Missus about acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2. The complaint must be presented within a maximum period of 30 (thirty) days, counted from the date the User becomes aware of the facts, and registered in the Missus information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days. days from the date of receipt.


APPLICABLE LAW

The Contract is governed by Portuguese law.