TERMS & CONDITIONS
TERMS AND CONDITIONS OF SALE
ONLINE PURCHASE OF SUNVAGGA PRODUCTS
TERMS OF SALE
The following “Terms of Sale” apply to any product ordered from or purchased through the website located at www.sunvagga.com.
For the purposes of these terms, the term “you” means the person buying Sunvagga products, whether it is an individual or a professional.
By using the Website to place any order for any Product, you hereby confirm;
(i) That you have read and agreed to the Terms of Sale;
(ii) That you accept and agree to be bound by the Terms of Sale, which are a legally binding agreement between you and Sunvagga
(iii) That you have capacity and authority to commit to these Terms of Sale and that the Order is being placed for lawful purposes.
THESE TERMS OF SALE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. PLEASE REVIEW THESE TERMS OF SALE CAREFULLY BEFORE PROCEEDING WITH YOUR ORDER.
This website is owned and operated by Sunvagga, a portuguese brand. The use of the Website is governed by Sunvagga’s Terms of Sale.
By submitting an Order:
(i) You represent and warrant that all information is accurate, complete, and current;
(ii) You represent and warrant that you hold the account corresponding to any telephone number and any email address that you provide to Sunvagga, or that you have the account holder’s permission to use such telephone number and email address. You agree to defend, indemnify, and hold harmless the Sunvagga Released Parties (including any party initiating communications on their behalf) from and against any and all losses, actions, claims, damages, costs and expenses (including those related to or arising under the Data Consumer Protection Act) arising from, related to, or caused in whole or in part by your provision of a telephone number or email address that you are not authorized to provide.
You hereby agree that your submission of an Order through the Website and your participation in the electronic processes logically associated with the Order constitutes an electronic signature of this Agreement for the Order and has the same legal effect as if you signed such Agreement in ink and shall be deemed valid, authentic, enforceable, and binding.
By submitting an Order, you acknowledge and agree that all Electronic Communications will:
(i) have the same legal effect as signed paper communications and
(ii) be deemed for all purposes to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business.
You may have the right to withdraw your consent to receive certain Electronic Communications, and, when required by law, Sunvagga will provide you with paper copies upon request. You may make such a request via email@example.com.
3. Order Validation
Before submitting an Order, you will be shown an order validation screen that shows the details of the Order, the Order Validation Screen. You agree to verify and confirm the accuracy of all information as it appears in the Order Validation Screen. Once you confirm and submit the Order, the foregoing shall constitute a binding offer to purchase the Product(s) identified at the prices shown in the Order Validation Screen and subject to any taxes and charges shown in the Order Validation Screen.
The Order shall be deemed accepted by Sunvagga only when the payment will be received, except in the “à cobrança” shipment.
If it is determined that any Product is not available, Sunvagga will notify you by e-mail (or by other means of communication using the information provided) and refund you for the unavailable Product. Any Product in an Order that is available at the time of Order Acceptance shall be shipped in the ordinary course.
Sunvagga reserves the right, in its sole discretion, to limit quantities of any Product purchased in any particular order or by a particular person.
4. Order Cancellation
Sunvagga may, in its sole discretion, refuse or cancel any Order even after payment. In the event of such cancellation, Sunvagga shall provide e-mail notification to the e-mail address associated with Order (or by other means of communication using the information provided) and provide a refund for such refused or canceled Order.
5. Availability; Prices; Products
All Products listed on the Website are subject to availability. You acknowledge and confirm that in the event of any limited supply of a Product, Sunvagga may allocate such supply in its sole discretion.
You aknowledge that the product "Social Mask" is traded under the Decreto-Lei 14/E-2020 of 13th April 2020 and the UE recomendation 2020/403.
Product pricing in regards of the Order is that indicated on the Order Validation Screen. Please review the foregoing carefully before to confirming the Order. In the event of any discrepancy between the pricing displayed on the Website (including pricing specified in any Content) and the pricing displayed on the Order Validation Screen, the pricing displayed on the Order Validation Screen shall apply to the Order.
All prices on the Website and the Order Validation Screen are stated in EURO. The Order Validation Screen include applicable portuguese sales taxes, handling charges and shipping included in the invoice for the Order and be paid by you together with payment of the underlying cost of the purchased Product.
6. Payment Processing
Payment for the Order will be processed through:
(i) The use of a valid Visa, Mastercard, American Express, or Discover credit card (a “Credit Card”). By submitting an Order, you represent and warrant that you are the cardholder of the Credit Card or an authorized representative of such cardholder. Any payment made by Credit Card is subject to the approval and terms and conditions of the financial institution that issued the Credit Card.
You acknowledge and understand that the payment for the Order will be processed using a third party payment processor. Sunvagga will not come into possession of Credit Card information and is not responsible for any acts or omissions of the third party payment processor.
(ii) Direct transfert to Sunvagga´s account number provided.
(v) CTT for the “à cobrança” shipment, only available for Portugal.
Orders accepted by Sunvagga, subject to availability, will be handled within 24 to 72 hours and shipped.
Terms of delivery
Sunvagga reserves the right to choose the carrier. Once your order has been shipped, you will receive an e-mail notification for free cost shipment or an e-mail notification with a tracking code for paid shipments. Sunvagga will not reimburse orders sent to addresses
Delivery will take place as soon as the ordered Products are handled for shipment, within 24 to 72 hours, on working days. The delivery time varies upon carrier delays.
8. Ownership; Risk of Loss
Title to and ownership of any Product purchased in conjunction with the Order will pass upon the later of
(i) payment in full of the price and associated charges and costs by you;
(ii) delivery of said Product to the third party carrier with/without a tracking number. After this moment, Sunvagga shall not assume any risks of loss or damage in regards to the Product.
(iii) Sunvagga will not reimburse any order sent to an address incorrectly or incompletly registered on its site. If the package is returned, Sunvagga will send it to a correct address after the payment in full of the associated charges and costs by you.
All Products are protected by a warranty as the Portuguese standard minimum norm. For any inquiries regarding warranty claims, please contact firstname.lastname@example.org.
Defective Products subject to the warranty terms can be returned. Sunvagga will deliver, at its sole cost, a replacement of the damaged Product or refund the price of the Product and its return shipment.
In the case of defective Products delivered by Sunvagga, please contact email@example.com to obtain a Return Merchandise Authorization (RMA) number. Sunvagga does not accept returns without the RMA.
10. Limitation of Liability
In no event will Sunvagga, together with their respective directors, employees, contractors, services providers, agents, licensors, or other representatives, (collectively, the “schluter released parties”) be liable for any indirect, incidental, consequential, punitive, or special damages, howsoever caused, including but not limited to damages for loss of use, work stoppage, lost profits, failure to realize expected savings, loss of revenue, lost data, loss of business opportunity, loss of reputation, or depreciation of goodwill.
You acknowledge and agree that this section 10 constitutes an essential provision of the agreement between you and Sunvagga.
11. Force Majeure
If Sunvagga is prevented from fulfilling an Order due to events outside its reasonable control, including but not limited to acts of fire, strike, lock out, labor controversy, civil unrest, unavailability of public infrastructure, unavailability of public telecommunications networks, war, insurrection or apprehended insurrection, terrorism, quarantine, change in applicable laws or act of government, Sunvagga reserves the right, in sole discretion, to extend the estimated delivery date to one which is reasonably practicable or to cancel the Order and offer a refund for the purchase.
12. Governing Law - Exclusive Court
Any claim relating to any Order shall be governed by the laws of Portugal without regard to its conflict of law provisions.
In the event of a dispute between you and Sunvagga, you agree to submit to the jurisdiction of the Tribunal da Comarca de Lisboa, Portugal
Sunvagga may amend these Terms of Sale from time to time in its sole discretion and may do so without notice to you. Any such amendments will take effect upon being posted on the Website. Your access to or continued use of the Website following any such change constitutes your unconditional agreement to comply with and be bound by these Terms of Sale as amended. For this reason, you should review the effective date of these Terms of Sale each time you access the Website.
The conditions which will apply will be the one effective at the order´s payment date.