Terms and Conditions - Online Shop
Conditions for Online Sale
The terms and conditions (“Terms and Conditions”) which govern the use and purchase of products through Oceanário’s online store, available on the website www.oceanario.pt/loja (“Online Store”), which belongs to Oceanário de Lisboa, S.A., legal person 503295604, with its registered office at Esplanada D. Carlos I, 1990-005 Lisbon, with the e-mail address email@example.com and telephone number +351 218 917 008, are hereby regulated.
Please read the Terms and Conditions carefully before finalising your purchase.
By using the Online Store, by placing an order or when purchasing products through the Online Store, you will be considered a customer (“Customer”), it being understood that you have read the Terms and Conditions and that you accept them and are bound by them. Therefore, if you do not agree with the Terms and Conditions, you should not use the Online Store.
1. To place an order, you should select the product(s) that you intend to purchase and add it (them) to the shopping cart, clicking on “Buy”.
2. Once you have selected the products that you intend to purchase, you should access the “Cart”, where you can view all the products selected and the associated cost.
3. To confirm your order, you should fill in the form provided, where you should indicate the following data: name, email, full address and telephone number. These data are essential for placing your order. Any inaccuracies or omissions are the sole responsibility of the Customer.
4. For the purpose of invoicing, you may also indicate the name or denomination of the Customer, the taxpayer no. and the address that will appear on the invoice.
5. If you have discount coupons, you can include them on the summary page in the field “Discount Code”.
6. After concluding the above steps, the Customer should confirm the data included in the order summary, such as the products to be purchased, the Customer’s data, the delivery information, the billing information and the price of the order. After confirming all the data, you should select the payment method.
7. Lastly, you should finalise the online purchase procedure by making the payment. To do so, click on “Finalise Payment”.
8. The Customer will then receive an order confirmation email (“Order Confirmation”). If you do not receive this email, please contact us through the email firstname.lastname@example.org.
9. Once Oceanário de Lisboa confirms the payment and accepts your order, your order will be dispatched and you will be notified through the contact that you provided us with (“Shipping Confirmation”). The contract between Oceanário de Lisboa, S.A. and the Customer will then be formalised. The delivery times are those stipulated in the section “Deliveries”.
10. The invoice of your order will be sent by email within 5 days of purchasing.
To pay for your order you may choose one of the following options: Visa, MasterCard, ATM/Payshop and MBWay.
When choosing Visa, MasterCard or MBWay, you should enter the card number, expiry date and CVC. The money will be debited from your account immediately. If you select the payment option MBWay, you will be asked for your telephone number and, in the application on your mobile device, a payment confirmation pop-up will appear. You should authorise the amount indicated in the application to conclude the purchase process.
If you choose to pay through an ATM/Payshop you will be informed of the Entity, Reference and Amount and will have 48 hours after receiving this information by email to make the payment. If the payment isn’t made within 48 hours, Oceanário de Lisboa will cancel your order.
Money, bank cheques, gift vouchers and gift cards are not accepted as payment methods.
Customers can opt for the order to be delivered to an address of their choice. The costs and time associated with deliveries are the following:
Portugal - 4€ (3 to 5 business)
Portugal – Autonomous Regions - 7€ (4 to 15 business days)
Spain – 5€ (3 to 5 business days)
Spain – Autonomous Regions – 15€ (3 to 5 business days)
Europe – 17€ (3 to 5 business days)
Rest of the World – 28€ (4 to 15 business days)
Free Shipping Costs
Portugal – purchases over 50€
If, for some reason, Oceanário cannot comply with the delivery date, we will inform you of this situation and we will give you the option of continuing with your purchase, establishing a new delivery date.
If we are unable to make the delivery because no-one was home to receive the order, a notice will be left with instructions on how to proceed or an email will be sent with the instructions on how to proceed.
If for some reason the customer cannot receive the order, the customer should contact Oceanário in order for us both to find the most appropriate solution.
Delivery hours take place between 9am and 7pm on working days.
The retail selling price includes VAT at the current rate, unless explicitly indicated otherwise.
Within the European Union: All taxes and duties are included in the final price.
Outside the European Union and for non-customs territories for the purposes of the Union Customs Code: The consumer may have to support additional costs related to customs fees, import duties and other charges related to the consumer’s order. Oceanário de Lisboa has no control over these charges and cannot predict what they might be.
RIGHT OF WITHDRAWAL
The Customer has the right of withdrawal under which s/he may terminate the Contract, without giving any reason.
In order to be able to exercise this right, the product should be in perfect condition and all the parts, labels and proof of payment should be present.
The term for the exercise of the right of withdrawal is 14 working days from the day following the day the product is received.
In order to exercise your right of withdrawal, you should communicate your decision to terminate the contract by means of a clear statement, and you may do so through the email email@example.com or by letter, to the address Esplanada D. Carlos I, 1990-005 Lisbon, within the deadline for withdrawal.
If the contract is terminated, you will be reimbursed for the amount paid for the order, at the latest 14 days from the date on which Oceanário de Lisboa, S.A. was informed of your decision to terminate the contract. Reimbursements are made using the same payment method that the Customer used in the initial transaction, unless otherwise expressly agreed by you and, in any case, you will incur no costs as a consequence of this reimbursement.
Exchanges may be made up to 14 days after the purchase, upon presentation of proof of purchase and guaranteeing that the product is in the same condition as it was when it was received.
If the exchange is made in the shop, the customer will only have to bring the product that he/she wishes to exchange to the shop of Oceanário de Lisboa. The product should be in its original condition; otherwise the exchange cannot be made.
If the exchange is made online, the customer should contact Oceanário de Lisboa through the email firstname.lastname@example.org and wait for instructions on how to proceed.
Oceanário de Lisboa is not responsible for products lost when the Customer sends them to Oceanário.
Oceanário de Lisboa is not responsible for shipping costs in the event of an exchange, except in cases where the product was defective when delivered. As such, the Customer must accept responsibility for the payment of all the costs associated with the exchange.
Returns may be granted within 30 days of purchase, upon presentation of proof of purchase and guaranteeing that the product is in the same condition as it was when it was received.
For any return, you need to contact Oceanário through the email email@example.com and wait for instructions on how to proceed.
The amount of the purchase will be refunded using the same payment method that was used by the customer to pay for the product.
Oceanário de Lisboa is not responsible for products lost when the Customer sends them to Oceanário.
Oceanário de Lisboa is not responsible for costs associated with the return of products, except in cases where the product was defective when delivered. As such, the Customer must accept responsibility for the payment of all the costs associated with the return of products.
The Customer shall not have a right of withdrawal in relation to the following products: (i) products made in accordance with the Customer’s specifications or clearly customized; (ii) products which, after delivery and due to their nature, are inseparably mixed with other articles; (iii) sealed goods that are unsuitable for return, for health and hygiene reasons, when opened after delivery; (iv) sealed audio or video recordings or sealed computer programs from which the Customer has removed the tamper-proof seal.
INFORMATION ON PRODUCTS, PRICES AND CONTENT
Oceanário reserves the right to modify, without prior notice and at any time, the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.
The price of each product will be that which is stipulated, at any given time, in the Online Store, except in cases of obvious error.
In the event of possible inaccuracies or errors in the product information provided on the Online Store, Oceanário undertakes to correct this information as soon as any mistakes are detected.
All product orders will be subject to the availability of the products. If any difficulty occurs concerning the supply of products or if there are no articles in stock, Oceanário de Lisboa reserves the right to provide information on replacement products, of equal or better quality, which the customer may order. If the customer does not wish to order any of these replacement products, we will reimburse the amount already paid.
Pursuant to the provisions in Decree-Law no. 67/2003, of 8 April (as currently amended), Oceanário shall be liable to the Customer for any lack of conformity that exists at the time of the delivery of the goods which becomes apparent within the period of two years from the delivery date of the product, provided that the Customer reports the lack of conformity, in a period of two months from the date on which it was detected, to Oceanário.
The entity acting as Data Controller is Oceanário de Lisboa, S.A., legal person with number 503295604, with its registered office at Esplanada D. Carlos I, 1990-005 Lisboa, with the email address firstname.lastname@example.org and telephone number +351 218917008.
The information or data provided by the Customer will be processed in accordance with the information on Personal Data Processing, available at https://www.oceanario.pt/politica-de-privacidade. By using this website, the Customer declares that all the information or data provided are true and accurate.
If you want to contact us, please do so through our email email@example.com or by calling the telephone number +351 218 917 008.
We will not be responsible for any non-fulfilment or delay of any of the obligations assumed by us due to events that are outside of our control (Force Majeure).
The concept of Force Majeure shall include any act, event, failure to exercise, omission or accident that is outside of our control, including, among others, the following:
i. General strike or other forms of protest that significantly affect the country.
ii. Civil disturbances, uprising, invasion, terrorist attack or terrorist threat, war (declared or not) or threat of or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
iv. Impossibility of travelling by train, boat, aircraft, motor vehicles or other means of transportation, public or private.
v. Impossibility of using public or private telecommunications systems.
LAW AND JURISDICTION
Portuguese law will apply in the event of any controversy or dispute arising in the contractual relations between Oceanário and the Customer. Any matter or dispute arising from the application, interpretation, integration or performance of this contract which cannot be resolved by agreement of the parties, will be submitted to the Portuguese courts.
Accordingly, if the transaction was concluded through our website, we inform you that – in accordance with EU Regulation no. 524/2013 – you can try to settle any dispute out-of-court by accessing the online conflict resolution platform at http://ec.europa.eu/consumers/odr/.
An updated list of Alternative Dispute Settlement Bodies, pursuant to article 17 of Law no. 144/2015, of 8 September, is available at the Consumer Portal through the website www.consumer.pt.
Applicable legislation requires that part of the information or notifications that we send should be made in writing. In using the Online Store, the Customer accepts that most communications will be electronic. For contractual purposes, the Customer agrees to use electronic means of communication and recognises that all the contracts, notifications, information and other notifications sent electronically meet the legal requirement that these notifications should be made in writing. This condition shall not affect the rights recognised by law.
These Conditions constitute the entire agreement between the Customer and Oceanário de Lisboa, S.A. in relation to its object, replacing all the terms and conditions arising from the negotiations or proposals that preceded it, and no suppression, supplement or modification of any of the clauses of these Terms and Conditions will be valid, unless it is written and signed by one or more duly authorised representatives of both parties.
If any of the provisions of these Terms and Conditions is deemed null or in any way invalid, ineffective or unenforceable, by an entity competent to do so, this nullity, invalidity, ineffectiveness or unenforceability shall not affect the validity of the other provisions.
Oceanário has the right to change these Terms and Conditions of Use at any time.
Last update: 8th June 2020