Terms and conditions
TERMS AND CONDITIONS
1. INTRODUCTION
1.1 These Terms and Conditions govern the sale, including registration, of MABALLA products through the website www.maballa.com.
1.2 These general conditions of sale are agreed between Fancy Talent LDA, headquartered at Rua Óscar da Silva nº1559, Edifício Internacional, 5º Esq.Back, 4450-721 Leça da Palmeira, with NIF 517 392 453.
1.3 For the purposes of these Terms and Conditions,
a) - "maballa" - The products sold on the website www.maballa.com
b) - "User" - Any natural person, not a trader, who places an order through the website www.maballa.com;
1.4 The use of the website www.maballa.com and the purchase of MABALLA products presupposes knowledge, understanding and acceptance of these Terms and Conditions by the User.
1.5
2. REGISTRATION ON THE WEBSITE
2.1 To place an order, the User may register in advance, filling in the fields in the form on the website www.maballa.com It is also possible to place your order without prior registration
2.2 From the moment you access your personal account, the User is subject to these Terms and Conditions.
3. THE MABALLA PRODUCTS
3.1 The website www.maballa.com is aimed at all users who wish to purchase MABALLA products from their home or workplace, 24 hours a day, 7 days a week.
3.2 Information on product characteristics can be consulted at www.maballa.com.
3.3 MABALLA reserves the right to modify, at any time, the information, product offer, prices, promotions and commercial conditions, presented on the website www.maballa.com.
4. PLACING ORDERS ON THE WEBSITE
4.1 To order from www.maballa.com, the User must have an email account and their browser must be configured to accept cookies and pop-ups, which will allow them to enjoy all the conditions for navigating the online store. MABALLA.
4.1.1 The User may purchase products online, for which it is necessary that:
a) Find the product(s) you want to purchase;
b) Add the selected product(s) to the "Shopping Cart";
c) Register the User's personal data, which will be integrated into the MABALLA database under the terms set out in the Privacy Policy, including the "Delivery Address", "Billing Address", "Payment Method" , telephone number and tax identification number (NIF);
d) Review your order and confirm the order;
4.2 The User will receive an order confirmation email with details regarding the payment method selected.
4.3 Your order will be delivered by the logistics operator to the delivery address indicated in the purchase process and with the respective detailed invoice.
4.4 By sending the order form, the User accepts the Terms and Conditions of purchase described at www.maballa.com, as well as the Privacy Policy.
4.5 MABALLA reserves the right not to accept and cancel orders already confirmed in the following situations:
a) The product is not available;
b) The payment is not made using any of the payment options available on the website www.maballa.com;
c) The payment is not confirmed;
d) The billing information is not correct or verifiable;
e) There is an error in the price quotation;
f) It is not possible to deliver to the address provided by the User.
5. PRICES
5.2 Prices are all quoted in euros (€). Please note that changing the delivery country may affect prices due to different shipping costs. Customs costs relating to the country of delivery of the order will be borne by the customer.
5.3 The prices of the products presented on the website are subject to change. MABALLA reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.
5.4 In the event of an error in the price of the requested products, MABALLA or the User may, until the order is shipped, cancel the order.
5.5 The total price specified at checkout includes taxes from the country of origin (Portugal) and shipping costs.
5.6 The User must pay only the amount specified in the order confirmation.
6. PAYMENT METHODS
6.1 The User will be able to pay for his purchases through the payment management entity Paypal and through Multibanco Reference (ATM).
6.2 MABALLA does not accept any other payment method other than those mentioned in the previous point. The User must not attempt to pay by any means other than those specified in the specified payment methods. If you do, we cannot be held responsible for loss of payment or any other damages that may arise.
7. SHIPPING COSTS
7.1 Shipments to Portugal cost €5.90.
7.2 Outside Europe, all orders will have an associated shipping cost, which may require the payment of customs costs, depending on the country of delivery.
8. DELIVERY
8.1 MABALLA sends the product(s) ordered by the User, from Monday to Friday, with the exception of holidays, and on the days and times used by the logistics company, to the delivery address indicated by the User.
8.2 Our delivery service does not include a scheduling option, so the delivery of the order will be carried out without prior contact by the carrier, making it necessary to ensure that someone is at the delivery address.
8.3 Delivery times in Portugal vary between 15–20 working days depending on the item ordered. MABALLA's ability to respond within these deadlines varies depending on the availability of stock, as well as periods of promotions, sales and Christmas.
8.4 MABALLA will inform the User of the unavailability of the product(s) ordered, as well as refund the amount paid, within a maximum period of 15 (fifteen) days from becoming aware of the unavailability.
9. RIGHT OF FREE TERMINATION
9.1 The User may terminate his contract up to 14 (fourteen) days after receiving the order, provided that:
a) The product(s) have not been used;
b) The product(s) keep their original features and labels intact;
c) The product(s) are complete. All material accompanying orders must be returned.
9.2 The User may exercise his right of free termination by sending the Free Termination model or any other unequivocal declaration of termination of the contract, to the email support@maballa.com
9.3 The costs of returning the order in the exercise of the right of free resolution are borne by the customer.
9.4 Once the returned product has been received, MABALLA will analyze and confirm the state of conservation of the order and, when applicable, will refund within a maximum period of 15 (fifteen) days the amounts paid by the User in the order, through the same means used for payment of the order.
9.5 If the returned items show signs of use, MABALLA reserves the right not to accept the return and to refuse to reimburse them.
9.6 The User should note that, if the return has been made for reasons other than the justified existence of a defect or non-conformity of the products ordered, MABALLA will not reimburse the shipping costs. Therefore, MABALLA will not reimburse the expenses related to the postage initially borne by the customer for the respective order.
9.7 Please note that these conditions are only valid for orders placed in Portugal. If your order was placed outside of Portugal, please contact us via email support@maballa.com
10. CANCELLATIONS AND RETURNS
10.1 If the order has been received after dispatch, the rules set out in the previous chapter, regarding the right of free withdrawal, will apply.
10.2 MABALLA does not offer direct exchanges. The User may opt for a voucher to exchange his order for another item available on the website, being responsible for all costs related to the new shipment. Please note that orders placed with a voucher and later returned, can only receive a new voucher as a refund.
10.3 If the product ordered is defective or otherwise non-compliant, the User may choose to:
a) replace the product;
11. QUALITY
MABALLA does not sell second-hand products, defective or of inferior quality to the standards of those existing in the market. The main features of each product shown on www.maballa.com can be found on each product page.
MABALLA will make every effort to ensure that the colors of the products that appear on the website www.maballa.com are as accurate and real as possible. However, as computer monitors vary, we cannot guarantee that your monitor is showing the exact colors.
12. COMPLAINTS
In view of the objective of continuous improvement of the services provided, MABALLA will seek to respond to and resolve complaints submitted by the User within 5 (five) working days, via email support@maballa.com
13. WARRANTY AND AFTER-SALES SERVICES
MABALLA products benefit from the guarantee of conformity provided for in the legislation applicable to the sale of consumer goods.
14. EXCLUSION AND LIMITATION OF LIABILITY
MABALLA does not guarantee the uninterrupted functioning of the website www.maballa.com, or any of its functionalities, which may be suspended for maintenance, repair or updates.
MABALLA will not assume, likewise, any responsibility for any damages, resulting, directly or indirectly, from situations of force majeure that prevent MABALLA, in any way, from fulfilling its obligations, namely, strikes, network failures electricity, telecommunications services or any other services, fires, floods, impossibility of obtaining products, materials or services, breakdowns, delays by suppliers or carriers and changes in legislation or administrative regulations.
MABALLA is not responsible for any misuse of User access data to the website by third parties, as they are personal and non-transferable.
15. MODIFICATION OF TERMS AND CONDITIONS
MABALLA reserves the right to change, at any time, these Terms and Conditions, considering the changes made and users notified by publishing the modified Terms and Conditions on the website www.maballa.com.
16. PROCESSING OF PERSONAL DATA
We ask that you read our Privacy Policy carefully so that you can become aware of the rules and procedures adopted by MABALLA with regard to the processing of data collected when you browse the website www.maballa.com and when you use the functionalities offered by it, as well as the applicable security and confidentiality measures
17. PROOF AND FILE
The computer records, kept by MABALLA in safe conditions, are considered as proof of the communications, orders and payments made between MABALLA and the User.
18. APPLICABLE LAW
These Terms and Conditions and all emerging disputes that are related to them, including their validity, the use of the website or any purchase therein must be governed by Portuguese law.
19. ONLINE DISPUTE RESOLUTION
The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out of court https://webgate.ec.europa.eu/odr/main/index.cfm?event =main.home.chooseLanguage
Lisbon Consumer Conflict Arbitration Center http://www.centroarbitragemlisboa.pt/
Vale do Ave Consumer Dispute Arbitration Center/Arbitration Court http://www.triave.pt/
CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court) http://www.ciab.pt/pt/
CNIACC – National Center for Information and Arbitration of Consumer Disputes http://www.arbitragemdeconsumo.org/
Coimbra District Consumer Conflict Arbitration Center http://www.centrodearbitragemdecoimbra.com
Algarve Consumer Dispute Information, Mediation and Arbitration Center http://www.consumoalgarve.pt
Porto Consumer Information and Arbitration Center http://www.cicap.pt
European Online Dispute Resolution Platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
20. ELECTRONIC COMPLAINTS BOOK
You can use the Electronic Complaints Book to file a complaint. To do so, simply access the Electronic Complaints Book platform.
click: https://www.livroreclamacoes.pt
21. VALIDITY OF PROMOTIONS
Website offers are valid only for the moment they are displayed on the website, unless otherwise communicated on the website.
1. INTRODUCTION
1.1 These Terms and Conditions govern the sale, including registration, of MABALLA products through the website www.maballa.com.
1.2 These general conditions of sale are agreed between Fancy Talent LDA, headquartered at Rua Óscar da Silva nº1559, Edifício Internacional, 5º Esq.Back, 4450-721 Leça da Palmeira, with NIF 517 392 453.
1.3 For the purposes of these Terms and Conditions,
a) - "maballa" - The products sold on the website www.maballa.com
b) - "User" - Any natural person, not a trader, who places an order through the website www.maballa.com;
1.4 The use of the website www.maballa.com and the purchase of MABALLA products presupposes knowledge, understanding and acceptance of these Terms and Conditions by the User.
1.5
2. REGISTRATION ON THE WEBSITE
2.1 To place an order, the User may register in advance, filling in the fields in the form on the website www.maballa.com It is also possible to place your order without prior registration
2.2 From the moment you access your personal account, the User is subject to these Terms and Conditions.
3. THE MABALLA PRODUCTS
3.1 The website www.maballa.com is aimed at all users who wish to purchase MABALLA products from their home or workplace, 24 hours a day, 7 days a week.
3.2 Information on product characteristics can be consulted at www.maballa.com.
3.3 MABALLA reserves the right to modify, at any time, the information, product offer, prices, promotions and commercial conditions, presented on the website www.maballa.com.
4. PLACING ORDERS ON THE WEBSITE
4.1 To order from www.maballa.com, the User must have an email account and their browser must be configured to accept cookies and pop-ups, which will allow them to enjoy all the conditions for navigating the online store. MABALLA.
4.1.1 The User may purchase products online, for which it is necessary that:
a) Find the product(s) you want to purchase;
b) Add the selected product(s) to the "Shopping Cart";
c) Register the User's personal data, which will be integrated into the MABALLA database under the terms set out in the Privacy Policy, including the "Delivery Address", "Billing Address", "Payment Method" , telephone number and tax identification number (NIF);
d) Review your order and confirm the order;
4.2 The User will receive an order confirmation email with details regarding the payment method selected.
4.3 Your order will be delivered by the logistics operator to the delivery address indicated in the purchase process and with the respective detailed invoice.
4.4 By sending the order form, the User accepts the Terms and Conditions of purchase described at www.maballa.com, as well as the Privacy Policy.
4.5 MABALLA reserves the right not to accept and cancel orders already confirmed in the following situations:
a) The product is not available;
b) The payment is not made using any of the payment options available on the website www.maballa.com;
c) The payment is not confirmed;
d) The billing information is not correct or verifiable;
e) There is an error in the price quotation;
f) It is not possible to deliver to the address provided by the User.
5. PRICES
5.2 Prices are all quoted in euros (€). Please note that changing the delivery country may affect prices due to different shipping costs. Customs costs relating to the country of delivery of the order will be borne by the customer.
5.3 The prices of the products presented on the website are subject to change. MABALLA reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.
5.4 In the event of an error in the price of the requested products, MABALLA or the User may, until the order is shipped, cancel the order.
5.5 The total price specified at checkout includes taxes from the country of origin (Portugal) and shipping costs.
5.6 The User must pay only the amount specified in the order confirmation.
6. PAYMENT METHODS
6.1 The User will be able to pay for his purchases through the payment management entity Paypal and through Multibanco Reference (ATM).
6.2 MABALLA does not accept any other payment method other than those mentioned in the previous point. The User must not attempt to pay by any means other than those specified in the specified payment methods. If you do, we cannot be held responsible for loss of payment or any other damages that may arise.
7. SHIPPING COSTS
7.1 Shipments to Portugal cost €5.90.
7.2 Outside Europe, all orders will have an associated shipping cost, which may require the payment of customs costs, depending on the country of delivery.
8. DELIVERY
8.1 MABALLA sends the product(s) ordered by the User, from Monday to Friday, with the exception of holidays, and on the days and times used by the logistics company, to the delivery address indicated by the User.
8.2 Our delivery service does not include a scheduling option, so the delivery of the order will be carried out without prior contact by the carrier, making it necessary to ensure that someone is at the delivery address.
8.3 Delivery times in Portugal vary between 15–20 working days depending on the item ordered. MABALLA's ability to respond within these deadlines varies depending on the availability of stock, as well as periods of promotions, sales and Christmas.
8.4 MABALLA will inform the User of the unavailability of the product(s) ordered, as well as refund the amount paid, within a maximum period of 15 (fifteen) days from becoming aware of the unavailability.
9. RIGHT OF FREE TERMINATION
9.1 The User may terminate his contract up to 14 (fourteen) days after receiving the order, provided that:
a) The product(s) have not been used;
b) The product(s) keep their original features and labels intact;
c) The product(s) are complete. All material accompanying orders must be returned.
9.2 The User may exercise his right of free termination by sending the Free Termination model or any other unequivocal declaration of termination of the contract, to the email support@maballa.com
9.3 The costs of returning the order in the exercise of the right of free resolution are borne by the customer.
9.4 Once the returned product has been received, MABALLA will analyze and confirm the state of conservation of the order and, when applicable, will refund within a maximum period of 15 (fifteen) days the amounts paid by the User in the order, through the same means used for payment of the order.
9.5 If the returned items show signs of use, MABALLA reserves the right not to accept the return and to refuse to reimburse them.
9.6 The User should note that, if the return has been made for reasons other than the justified existence of a defect or non-conformity of the products ordered, MABALLA will not reimburse the shipping costs. Therefore, MABALLA will not reimburse the expenses related to the postage initially borne by the customer for the respective order.
9.7 Please note that these conditions are only valid for orders placed in Portugal. If your order was placed outside of Portugal, please contact us via email support@maballa.com
10. CANCELLATIONS AND RETURNS
10.1 If the order has been received after dispatch, the rules set out in the previous chapter, regarding the right of free withdrawal, will apply.
10.2 MABALLA does not offer direct exchanges. The User may opt for a voucher to exchange his order for another item available on the website, being responsible for all costs related to the new shipment. Please note that orders placed with a voucher and later returned, can only receive a new voucher as a refund.
10.3 If the product ordered is defective or otherwise non-compliant, the User may choose to:
a) replace the product;
11. QUALITY
MABALLA does not sell second-hand products, defective or of inferior quality to the standards of those existing in the market. The main features of each product shown on www.maballa.com can be found on each product page.
MABALLA will make every effort to ensure that the colors of the products that appear on the website www.maballa.com are as accurate and real as possible. However, as computer monitors vary, we cannot guarantee that your monitor is showing the exact colors.
12. COMPLAINTS
In view of the objective of continuous improvement of the services provided, MABALLA will seek to respond to and resolve complaints submitted by the User within 5 (five) working days, via email support@maballa.com
13. WARRANTY AND AFTER-SALES SERVICES
MABALLA products benefit from the guarantee of conformity provided for in the legislation applicable to the sale of consumer goods.
14. EXCLUSION AND LIMITATION OF LIABILITY
MABALLA does not guarantee the uninterrupted functioning of the website www.maballa.com, or any of its functionalities, which may be suspended for maintenance, repair or updates.
MABALLA will not assume, likewise, any responsibility for any damages, resulting, directly or indirectly, from situations of force majeure that prevent MABALLA, in any way, from fulfilling its obligations, namely, strikes, network failures electricity, telecommunications services or any other services, fires, floods, impossibility of obtaining products, materials or services, breakdowns, delays by suppliers or carriers and changes in legislation or administrative regulations.
MABALLA is not responsible for any misuse of User access data to the website by third parties, as they are personal and non-transferable.
15. MODIFICATION OF TERMS AND CONDITIONS
MABALLA reserves the right to change, at any time, these Terms and Conditions, considering the changes made and users notified by publishing the modified Terms and Conditions on the website www.maballa.com.
16. PROCESSING OF PERSONAL DATA
We ask that you read our Privacy Policy carefully so that you can become aware of the rules and procedures adopted by MABALLA with regard to the processing of data collected when you browse the website www.maballa.com and when you use the functionalities offered by it, as well as the applicable security and confidentiality measures
17. PROOF AND FILE
The computer records, kept by MABALLA in safe conditions, are considered as proof of the communications, orders and payments made between MABALLA and the User.
18. APPLICABLE LAW
These Terms and Conditions and all emerging disputes that are related to them, including their validity, the use of the website or any purchase therein must be governed by Portuguese law.
19. ONLINE DISPUTE RESOLUTION
The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out of court https://webgate.ec.europa.eu/odr/main/index.cfm?event =main.home.chooseLanguage
Lisbon Consumer Conflict Arbitration Center http://www.centroarbitragemlisboa.pt/
Vale do Ave Consumer Dispute Arbitration Center/Arbitration Court http://www.triave.pt/
CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court) http://www.ciab.pt/pt/
CNIACC – National Center for Information and Arbitration of Consumer Disputes http://www.arbitragemdeconsumo.org/
Coimbra District Consumer Conflict Arbitration Center http://www.centrodearbitragemdecoimbra.com
Algarve Consumer Dispute Information, Mediation and Arbitration Center http://www.consumoalgarve.pt
Porto Consumer Information and Arbitration Center http://www.cicap.pt
European Online Dispute Resolution Platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
20. ELECTRONIC COMPLAINTS BOOK
You can use the Electronic Complaints Book to file a complaint. To do so, simply access the Electronic Complaints Book platform.
click: https://www.livroreclamacoes.pt
21. VALIDITY OF PROMOTIONS
Website offers are valid only for the moment they are displayed on the website, unless otherwise communicated on the website.