TERMS AND CONDITIONS

SCOPE AND PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF THE STORE

These General Terms and Conditions, together with the order form and other elements referred to herein, are intended to regulate the terms and conditions governing the provision of the Missus Online Store Service.

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

Product orders must be placed by Users aged 18 (eighteen) years or older (individuals under this age must have authorization from their legal representatives). The elements and information transmitted by the User will have full legal effect, with the User acknowledging electronic purchases and not being able to claim lack of signature to avoid fulfilling the obligations assumed.


PRODUCT INFORMATION AND CONTENT

Missus will make every effort to ensure that the information presented is free from errors, and any such errors will be corrected as soon as they occur. If you purchase a product that is defective or has characteristics different from those presented online, you have the right to terminate the purchase contract under applicable law (right of withdrawal – see item 9).

Missus will make every effort to send all ordered products, but it is possible that, in certain cases and due to causes difficult for Missus to control, such as human error or incidents in computer systems, it may not be possible to provide some of the products ordered by the User. If any product is unavailable after you have placed your order, you will be notified by email or telephone. At that time, you will be given the option to cancel the order with a corresponding refund, if you have already made the payment.

All information regarding prices, products, specifications, promotional offers, and services is subject to change at any time by Missus.


RESPONSIBILITIES

3.1 All products and services sold in the Missus Online Store comply with Portuguese law.

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

3.3 Data and information queries made within the scope of this Service are presumed to be made 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 liable for any losses or damages caused by misuse of the Service that are not directly attributable to it due to willful misconduct or gross negligence.

3.5 Missus is not liable for losses or damages arising from non-compliance or defective compliance with the Service when this is not directly or indirectly attributable to it due to intent or gross negligence, and is not liable, 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) non-compliance or defective compliance resulting from compliance with judicial or administrative decisions or (iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, i.e., situations of an extraordinary or unforeseeable nature, external to Missus and which cannot be controlled by it, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of Missus that prevent or hinder the fulfillment of the obligations assumed.

3.6. Missus does not guarantee that:

i) the Service is provided uninterrupted, is secure, error-free, or operates indefinitely;

ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any expectations of the User 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, and the User is solely responsible for any damage caused to their computer system and equipment or for any data loss 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 warranty not expressly stated in these General Terms and Conditions.
3.7. The User accepts that Missus cannot in any way be held liable for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if the User has been previously advised of the possibility of such damages occurring), resulting from:

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


CONSUMER OBLIGATIONS

4.1. The user agrees to:

i) Provide correct personal data and 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 eventual non-delivery, the User is responsible, and Missus declines any responsibility. In the event that the consumer violates any of these obligations, Missus reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services simultaneously made available by Missus to the same User; and also, not allow the User future access to any or all services made available by Missus.

4.3. The use of purchased products and services for commercial purposes, particularly for the resale of 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 application form as mandatory are essential for Missus to provide the Service. The omission or inaccuracy of the data provided by the User is their sole 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 is intended for Missus' use within the scope of the contractual and/or commercial relationship with the User.

5.4. Under applicable law, the User is guaranteed, at no additional cost, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to the use of the same for the purposes set out in the preceding paragraph, and for this purpose must contact the entity responsible for processing personal data: Loving Swimsuits Missus, lda.

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


ORDER CANCELLATION

6.1 At the User's Request

The User may cancel their order by contacting Missus via telephone or email, referencing the order number. Cancellation will be accepted as long as the order has not yet been processed. After processing, Missus will attempt delivery, but the User has the option to refuse it.

For cancellation purposes, the User must provide Missus with the following information:

a) Order number
b) CPF (Brazilian tax identification number) used for the order and delivery address

6.2 By decision of Missus

Missus reserves the right not to process orders when it detects any inconsistency in the personal data provided 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 result from technical problems or errors beyond Missus' control.


EXCHANGES

7.1. If the customer is not completely satisfied with their purchase, they may exchange it within 14 calendar days, provided that the item is accompanied by the invoice, shows no signs of use, and is in its original packaging.

7.2. Exchanges can be made in-store or via courier. The shipping costs for the first exchange are covered by the brand. For a second exchange, the shipping costs are the customer's responsibility.

For exchanges made abroad, the shipping cost will be charged again, and there may be customs fees or import taxes charged by the authorities of the destination country. These costs are not borne by or controlled by the company. We recommend that you check with local authorities regarding applicable fees before making your purchase.

7.3. When the delivery person receives the order, they will already be waiting to receive the item they have with them, so it will be a one-for-one exchange.

The package must arrive sealed or in an intact wrapper if you wish to keep the box or envelope with you.


RETURNS (RIGHT OF WITHDRAWAL)

In Portugal, product exchanges and returns are regulated by the Consumer Protection Law , which establishes rights and obligations for both consumers and merchants. This right applies only to contracts concluded remotely or outside of a commercial establishment (online purchases).

According to the Consumer Protection Law and Decree-Law No. 24/2014 , the consumer has the right to freely terminate the purchase contract within 14 (fourteen) consecutive days from the date of receipt of the order, without needing to justify the reason (Article 9). This right applies to purchases made remotely (online).

In the event of non-delivery and return of the order, the shipping costs will be deducted, provided they were previously free. For resending the same order, payment of the shipping fee will be required.

8.1 Return period

Orders delivered to the address : The 14-day period begins from the date the consumer takes physical possession of the goods.

Orders delivered via Parcel Shop : The delivery time starts counting from the date the customer receives notification of availability for pickup, not from the pickup date.

Orders picked up at the physical store : The timeframe begins from the date the customer receives notification that the order is ready for pickup.

8.2. Conditions for Exchange or Return

For a return to be accepted, the product must be in the same condition as when it was sold, that is:

No signs of use, washing or damage;

With the sales invoice;

With the labels intact;

With the hygienic protector (if applicable);

With original packaging.

Important : Products that have been altered, used, damaged, or misused will not be accepted for return.

According to the law, the return of the product must be at the consumer's expense.

8.3. Return Process

You can make the return through our return portal - https://return.iflastmile.com/missus

If you are a resident of the Azores or Madeira islands, the portal will not function due to a lack of rulings; therefore, the return process will have to be done manually, and the respective shipping and associated costs will be the responsibility of the client.

Decree-Law No. 24/2014

1. Article 9 - Right of withdrawal: This article guarantees the consumer the right to freely withdraw from the contract within 14 consecutive days without having to give a reason. In the case of returns, this also applies to products offered as gifts.
2. Article 15 - Effects of exercising the right of withdrawal: When the consumer exercises the right of withdrawal, all contractual obligations must be cancelled, including the return of additional products or gifts offered as part of the purchase.

Missus does not offer refunds for items purchased in physical stores.

In-store returns : The customer can return the product to the Missus physical store (Oeiras Parque Shopping Centre) free of charge. The refund will be processed within 10 business days using the original payment method (PayPal, Credit Card or MBWay).

Online returns : The customer can return the product through the return portal available at https://return.iflastmile.com/missus . In this case, the shipping costs are the responsibility of the consumer . The packaging and indicated documents should be sent to the following address:

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

For orders shipped within and outside the EU , return shipping costs are the responsibility of the consumer. The consumer has the right to return the product within 14 (fourteen) calendar days of receiving the product, in accordance with our internal policies. Customs duties or other applicable taxes may be charged to the consumer, depending on the destination of the order.

8.4 Refund

After receiving the returned item at Missus, the User will be refunded the amount corresponding to the value paid for the product (value on the sales invoice). 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, according to the payment method used.

The method of refunding the amount to be returned depends on the payment method used for the order. In the case of payments made with MBway, Credit Card and PayPal, the refunds are credited to the respective accounts.

The refund is processed within a maximum of 10 (ten) business days after receiving the notice of withdrawal and the returned item.

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 reshipped to the original shipping address.

8.5 Return of products with free gifts

If your purchase includes a free gift or product as part of a promotion, returning the purchased products implies returning the free gift. The conditions for returning free gifts are as follows:

• Conditional Offers: If a free gift offer was conditional on the purchase of a certain amount (above €200) or a specific number of products, the return of any of these products voids the offer. Therefore, the free gift must be returned along with the products.
• Gift Status: The gift must be returned in the same condition in which it was received, showing no signs of use and in its original packaging, if applicable.

8.6 Returned and unclaimed orders

If the customer does not pick up their order or does not claim a shipped order, and it is returned to the store, it will be available for claim for a maximum period of 90 days, starting from the date of notification of pickup or shipment. After this period, the order will be destroyed, without the right to a refund or reshipment.

MANUFACTURING DEFECT

9.1. In the case of a "manufacturing defect," that is, when defects are detected in products that, in principle, do not fall within the scope of the respective warranty, the User must return the product, along with a copy of the invoice and the completed "Product Exchange/Return Request" form, within a maximum period of 14 consecutive days from the date of the invoice, to the following address:

Missus
Oeiras Parque Shopping Centre
Av. Antônio Bernardo Cabral de Macedo, Missus store – 2019 – 2nd Floor
2770-219 Oeiras


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

9.2. For a product exchange to be processed, you must ensure that the packaging is complete (box, product, labels, hygienic protection) containing all its components, 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 returned to the User.

9.4. If your item is defective and the defect did not arise due to misuse, you may claim within 2 (two) years of purchase. Simply present your proof of purchase.

The resolution may take the following forms: repair, exchange, price discount, or return with refund. However, there is no established order for activating each of these solutions. Therefore, the consumer can choose one, provided it is possible and considered reasonable. For example, in the case of a minor defect that can be repaired with a quick and simple intervention, it is not reasonable to demand the replacement of the item.

The warranty period is interrupted during repairs. If, for example, you are without the item for 2 weeks, you can request an extension for that period. During each repair, you are not without the item for more than 30 consecutive days.

Regardless of the solution found, you will not be charged for any type of transportation, labor, material, or other expenses.


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 rights, and other applicable laws.

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

10.4. The User agrees to fully respect the rights referred to in the preceding paragraph, refraining from any acts that may violate the law or said rights, such as the reproduction, commercialization, transmission or making available to the public of such content or any other unauthorized acts concerning the same content.


SERVICE SAFETY CONDITIONS

11.1. The User agrees to comply with all applicable legal provisions, in particular, not to engage in or encourage the practice of illegal acts or acts offensive to public morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the 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 in accordance with the provisions of item 13.

11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by multiple users, and as such, is subject to network congestion, so 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 unforeseeable overload of the systems on which it is based or force majeure (situations of an extraordinary or unforeseeable nature, external to Missus and which cannot be controlled by it).

11.4. In the event of an interruption in the provision of the Service due to unforeseen overload of the systems on which it is based, Missus undertakes to restore 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 at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.

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

a) When the User fails to comply with the terms of use referred to in item 4 and others referred to in the General Terms and Conditions;
b) When Missus ceases access to the Lodge, upon prior notice given 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 preceding paragraphs, does not entitle the User or third parties to any compensation or other redress, and Missus cannot be held liable or in any way burdened for any consequence resulting from the suspension, annulment, or cancellation of the Service.

12.4. In the situations described above, Missus will notify the User in advance so that they may, if they wish, safeguard the content of their order viewing area within 3 (three) business days from the date the email is sent or the information is made available on the Service's main page.


COMMUNICATIONS

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

13.2. The User agrees to receive any and all communications and/or notifications related to the Online Store at the address, contact phone number and/or email address (“email”) indicated in the order process.

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


TECHNICAL SETTINGS

14.1. Without prejudice to the provisions of the following paragraph, Missus may change the Service and/or the technical conditions for its provision, 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 version of these General Terms and Conditions and their annexes in force at any given time 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 reconfigure network settings.

15.2. Without prejudice to the provisions of the following paragraphs, and in view of the innovative nature of the Service and the technological developments to which it may be subject, Missus may alter its technical configurations whenever it deems it convenient to adapt it to any technological developments.

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

15.4. Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription by the User to Specific Terms of Use.


COMPLAINTS

16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as file complaints with Missus regarding acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2. The complaint must be submitted within a maximum period of 14 (thirty) days, counted from the date the User became aware of the facts, and will be registered in Missus' information systems, which must decide on the complaint and notify the interested party within a maximum period of 14 (thirty) days from the date of its receipt.


APPLICABLE LAW

The Contract is governed by Portuguese law