General Conditions of Sale

GENERAL CONDITIONS OF SALE

1. introduction

These general terms and conditions of sale (GTC) are concluded between M. Monteiro, Lda, a private limited company with its registered office at Avenida Valbom, 3, in Cascais, with share capital of €99,760.00, NIPC 501247475, registered with the Cascais Commercial Registry Office, owner of the “Oculista Valbom” brand and hereinafter referred to as “Oculista Valbom” and any person wishing to make purchases through the Oculista Valbom website – www. oculistavalbom.pt – (the “Website”), hereinafter referred to as the “User”.

These conditions apply only to natural persons who are not traders. This means any natural person acting for purposes other than their professional activity.

The parties agree that purchases made through the Website shall be governed exclusively by this Agreement, to the exclusion of any conditions previously available on the Website.

2. Object

These general terms and conditions of sale are intended to provide the User with and define all the necessary information on the ordering, sale, payment and delivery of purchases made on the Website.

These conditions govern all the steps required to place the order and guarantee the follow-up of this order between the Parties.

These general conditions do not apply if it is established by the type of order that the User is not a final consumer within the meaning of article 1(3)(a) of Decree-Law no. 143/2001, of April 26.

3. Online orders

To make purchases through the Website, you must register as a User by filling in the form available online.

Once you have registered, all you have to do is insert all the items you want to buy into the virtual shopping cart. You must follow all the steps of the purchase for it to be completed successfully.

Validation of the purchase order implies that the User has read and expressly accepts these General Conditions of Sale, available for consultation on the Website.

The data recorded by Oculista Valbom constitutes proof of all the transactions carried out between Oculista Valbom and the User. Oculista Valbom is responsible for archiving the electronic document formalizing the contract and keeping it accessible.

As soon as you complete your purchase, you will receive an automatic e-mail confirming the transaction. If your details are not correct, you can immediately request that they be changed, or even that your purchase be canceled.

Oculista Valbom reserves the right to unilaterally cancel the order whenever there is a programming error, a malfunction in Oculista Valbom’s computers, or if the order is incomplete or there is an error in an essential element of the contract.

4. Prices and Payment Methods

Oculista Valbom informs you that the prices charged on the website are exclusive to the online store and may vary from the prices charged in physical stores. All promotional campaigns have limited stock and are exclusive to online marketing.

The prices shown are in Euros. Duties and taxes are already present for orders within the European Union, including VAT in force at the time of payment of the order. Taxes on orders sent to other countries outside the European Union will be the responsibility of the User.

If the prices of the products for sale on the Website change, this will require an update of the advertised prices. In this situation, this will not affect orders already registered.

When purchasing products sold on the Website, Oculista Valbom accepts the following payment methods:

• Visa
• MasterCard
• MBWay
• ATM reference

If payment is made by credit card, the debit will be made to the User’s card immediately after the order is registered.

Oculista Valbom will only process an order placed by a User upon confirmation of payment.

Failure to pay for an order within two (2) days of the date on which it was placed will result in its automatic cancellation.

Once payment has been received, and within a maximum of 24 hours, an email will be sent confirming that the order has been validated. The email will be sent to the email address provided by the User when registering on the Website.

5. Product availability / shipping policy

The catalog of products presented on the Website is independent of physical stores, both in terms of price and quantity in stock. All promotional campaigns may have limited stock and be exclusive to online marketing.

Products are shipped from Cascais, with a delivery time of between 3 and 15 days, depending on stock availability. The estimated delivery time may vary depending on the carrier used and the destination of the order. Oculista Valbom only ships on working days.

In the event of unavailability of any product ordered, and after contacting the supplier regarding the possibility of replacing the missing item, Oculista Valbom will contact the User if the delivery time or price of the item changes and the order will only proceed with the User’s consent. In the event of absolute unavailability of stock of the product ordered, Oculista Valbom may offer to supply the User with a product of equivalent quality and price, if available, in which case the order will only proceed once the User has given their consent.

In the event of absolute unavailability of stock of the product ordered, and not being able to offer the User any product of equivalent quality and price or the User not having given his/her consent to the alteration of the order originally placed, Oculista Valbom will reimburse the sums paid by the User, within 14 (fourteen) days of notification of cancellation.

Any delay in the shipment of products in relation to the estimated dates shown shall not entitle the User to any compensation.

6. Product warranty

Under the terms of the Legal Regime for the Sale and Guarantee of Consumer Goods, all products sold on the Website are covered by a guarantee of conformity of the goods corresponding to a period of 2 (two) years.

If the product purchased is defective, the User must report the situation to Oculista Valbom, in person at any store or in writing to the email address clientes@oculistavalbom.pt, indicating the order number and description of the product, explaining the malfunction with the support of images. The costs of returning or collecting products within the warranty period will be the responsibility of the User and reimbursed by Oculista Valbom after positive confirmation that the product is indeed defective.

Once the product has been received, a technical check will be carried out and, if the product is faulty, it will be replaced. In this case, Oculista Valbom will replace the product and send it back to the User’s address at no additional cost.

If the technical assessment detects signs of improper use, and/or any problem that may have caused the item to malfunction (e.g. scratches, excessive use of the product, accidents, humidity, corrosive products, etc.) the User will be contacted to indicate that the equipment needs to be repaired. The repair will only begin once the User has expressly accepted the quote. Shipping costs will be borne by the User.

In the case of goods outside the warranty period, the User may still wish to have the product repaired. To do so, you can contact Oculista Valbom in person at any store or in writing to clientes@oculistavalbom.pt. The products will be analyzed and a repair estimate will be issued. Repairs will only begin once the quote has been expressly accepted by the User.

7. Cancellation / Refund Policy

The User may exercise their right of withdrawal, i.e. cancel their order at any time up to delivery, or within 14 (fourteen) days of the following day: (I) in cases where the User or a third party indicated by the User who is the carrier, acquires possession of the product; or (II) in cases where the User or a third party indicated by the User, other than the carrier, acquires physical possession of the last product when the User has ordered several products in a single order and they are delivered separately. This right shall be in accordance with the legal terms set out below.

A. Exercising the Right of Free Resolution

To exercise their right of withdrawal, the User must communicate, in person, at any Oculista Valbom store, or by sending a written communication to the email address clientes@oculistavalbom.pt, the free withdrawal form template available in Annex I of the General Terms and Conditions of Sale. If the User makes use of this option, Oculista Valbom will send the User an acknowledgement of receipt of the withdrawal request by email within two (2) working days.

In the event of termination of this agreement, the User must return the product(s), duly packaged and with the original packaging to the reception address: Oculista Valbom, Avenida Valbom 3, 2750-508 Cascais, without undue delay and within a maximum period of fourteen (14) days from the date of communication to Oculista Valbom of the free termination of the contract, considering that it is respected if the User returns the goods before the end of this period.

The User must bear the full cost of returning the products in the event of exercising the right to withdraw from the contract.

The User will be reimbursed the value of the payments made for the product(s) purchased – not including shipping costs in these situations – no later than fourteen (14) days from the date on which Oculista Valbom receives the returned products and after confirming that they are in the same shipping conditions.

In order to speed up the reimbursement process, the User must indicate in the communication of the exercise of the right of free resolution, the NIB/IBAN to which he wishes the reimbursement to be made.

B. Exclusions

When returning products, they must be delivered in the same condition as they were sold, i.e. without scratches or visible external damage, with the safety label attached and in perfect condition, packed in their original packaging and accompanied by the information leaflet (if available) and all its accessories.

We cannot accept the return or exchange of contact lenses and cleaning fluids under any circumstances.

The right of withdrawal does not apply to products manufactured to the User’s specifications or clearly personalized.

All items will be checked and Oculista Valbom reserves the right not to accept items that do not meet these conditions.

8. Privacy Policy

Oculista Valbom is committed to protecting the privacy of its Users and complying with its obligations under Personal Data Protection legislation.

For more information, please consult our Privacy Policy, available here.

9. Applicable Law and Venue

The parties expressly agree that these General Conditions of Sale, in all their terms and conditions, shall be governed by and construed in accordance with the Portuguese legislation in force.

The parties agree to submit any doubts or disagreements that may arise as a result of the interpretation, execution and performance of this contract to the court of the buyer’s domicile or, alternatively, to the court of the place of performance of the contractual obligation.

10. Requests for information and complaints

If you have any questions or complaints regarding the use of our services, you can send an e-mail to clientes@oculistavalbom.pt, and Oculista Valbom undertakes to seek an amicable solution to the conflict at all times.

11. Complaints book

If you wish, you can submit a complaint in the Complaints Book in electronic format and/or request more information on the Complaints Book Platform available on the website: www.livroreclamacoes.pt.

12. Information on Consumer Dispute Resolution Bodies

In the event of a consumer dispute, you may have recourse to a Consumer Dispute Resolution Body. A list of the consumer arbitration centers available in Portugal can be found in Annex II of these General Terms and Conditions of Sale.