1. Scope and Object of the Store General Conditions

These General Conditions, together with the order form and the other elements referred to therein, regulate the terms and conditions governing the service provision of SÓNIA MARIA CABRITA DOS SANTOS BÁRBARA with headquarters at LADEIRA DO CARDOSO, 2D, S. BRAS – 9760-652 PRAIA DA VITÓRIA – AÇORES, PORTUGAL, TIN 186932120, hereinafter referred to as SOL E BRUMAS®.

The Service consists of making available, through the website:
https://solebrumas.pt, access to the Online Store which, in addition to providing information on a set of products and/or services, enables the User to electronically order the products disclosed therein, under the terms and conditions described herein.

Products must be ordered by Users aged 18 (eighteen) years or older (individuals under the age of 18 must have authorisation from their parent or guardian). The elements and information transmitted by the User will have full legal effects, with the User acknowledging electronic purchases, in addition to the User not being able to claim the lack of signature for non-compliance with the undertaken obligations.

2. Product Information and Content

SOL E BRUMAS® will do everything possible so that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product with characteristics different from those shown online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 16).

SOL E BRUMAS® will do everything possible to deliver all the products ordered, but it is possible that in certain cases it may not be able to provide some of the products ordered by the User due to causes which are difficult for SOL E BRUMAS® to control, such as human errors or computer system incidences. If any product is not available after placing the order, you will be notified by email or telephone. At that time, you will be presented with the possibility of cancelling the order, with the respective refund, if you have already made the respective payment.

All information on price, products, specifications, promotional activities and services may be changed at any time by SOL E BRUMAS®.

3. Responsibilities

3.1 All products and services sold in the SOL E BRUMAS® Online Store are in accordance with Portuguese law.

3.2 The Store has appropriate levels of security. However, SOL E BRUMAS® cannot be held responsible for any losses suffered by the User and/or by third parties, due to delays, interruptions, errors and suspensions of communications resulting from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, modems, connection software or by possible computer viruses, resulting from the download of an infected file service or containing viruses or other properties which may affect the User's equipment. If, for any reason due to an error in accessing the SOL E BRUMAS® Online Store website, the service cannot be provided, SOL E BRUMAS® cannot be held responsible for any damages.

3.3 Data and information queries carried out within the scope of this Service are presumed to have been carried out by the User. SOL E BRUMAS® cannot be held responsible for the abusive or fraudulent use of the information obtained.

3.4 SOL E BRUMAS® cannot be held responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to it by way of fraud or gross negligence.

3.5 SOL E BRUMAS® cannot be held responsible for losses or damages resulting from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of fraud or gross negligence, specifically not being responsible for:

1. i) Errors, omissions or other inaccuracies relative to information made available through the Service

1. ii) Damage 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 decisions or administrative authorities

1. iv) or, non-compliance or defective compliance resulting from situations of force majeure, in other words, situations of an extraordinary or unpredictable nature, beyond the control of SOL E BRUMAS®, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond the control of SOL E BRUMAS® which prevent or jeopardise the fulfilment of the undertaken obligations.

3.6. SOL E BRUMAS® does not guarantee that:

1. i) The Service is provided uninterruptedly, is secure, error-free, or runs infinitely

1. ii) The quality of any product, service, information or any other material purchased or obtained through the Service fulfils the User’s expectations relative to it

iii) Any material obtained in any way through the use of the Service is used at the risk and expense of the User, who is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from the operation.

1. iv) Any advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.

3.7. The User accepts that SOL E BRUMAS® cannot, in any way, be held responsible for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously notified by the User about the possibility of such damages occurring), resulting from:

1. i) The use or inability to use the Service

1. ii) The difficulty of obtaining any substitute goods/services

iii) Unauthorised access or modification of personal databases.

4. Consumer Obligations

4.1. The user undertakes to:

1. i) Provide personal data and correct addresses

1. ii) Not use false identities

iii) Respect imposed order limits.

4.2. If any of the data is incorrect, that is, insufficient, and for that reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and SOL E BRUMAS® cannot be held responsible. In case the consumer violates any of these obligations, SOL E BRUMAS® reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services offered simultaneously by SOL E BRUMAS® to the same User; and, furthermore, not allow the User to access any of the services provided by SOL E BRUMAS® in the future.

4.3. It is expressly forbidden to use the purchased products and services for commercial purposes, namely for the purpose of reselling goods.

5. Ordering online

5.1. To place an order at https://solebrumas.pt, the User must have a valid and frequently used email account. The process is simple. Place all the products the Final Consumer intends to purchase in the virtual shopping basket, then, follow all the purchase steps, so that the process is completed successfully.

5.2. Placing an order at https://solebrumas.pt is very easy:

1. Browse through the pages of the Sol e Brumas online store and find the product(s) you want to purchase.
2. Add the desired products to the Shopping Cart using the Add to Cart button.
3. When you have chosen all the pieces you want to purchase, complete the purchase by clicking Finish.
4. Then, provide your personal data on a very simple form (be careful when filling in the address).
5. Then select the payment method.
6. Review your order.
7. Finally, you will receive an order confirmation via email.
8. Proceed with the payment, after which your order is confirmed and you will only have to wait the estimated delivery time for the products to be delivered by post.

5.3. As soon as you complete your purchase, you will receive an automatic email confirming the transaction. We suggest that you print or download this confirmation for future reference. If the data is not correct, you can immediately ask for its change or even the cancellation of the purchase.

5.4. In case of non-confirmation of payment or non-compliance with these General Terms and Conditions of Sale, SOL E BRUMAS® reserves the right to not accept your order or to cancel it in whole or in part, even after automatic confirmation of the order.

6. Product availability

6.1. SOL E BRUMAS® only processes an order placed by a customer after confirmation of the respective payment, so it cannot guarantee the availability of the articles until the beginning of the aforementioned processing.

6.2. SOL E BRUMAS® only ships orders on business days. Thus, to estimate the delivery time of orders, weekends and public holidays are not taken into consideration.

7. Order cancellation

7.1 At the User's request

The User may cancel their order by request to SOL E BRUMAS® via the telephone number or email provided, with a reference to the order number, which will be accepted as long as it has not yet been processed. After processing, SOL E BRUMAS® will try to deliver the order, but the User has the option of not accepting it.

For the purpose of cancellation, the User must provide the following data to SOL E BRUMAS®:

1. a) Order number

1. b) TIN with which you placed the order and delivery address

7.2 By decision of SOL E BRUMAS®

SOL E BRUMAS® reserves the right to not process orders when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer. SOL E BRUMAS® reserves the right to not process any order or reimbursement if there are any errors in the values and/or characteristics of the products, when these result from technical problems or errors unrelated to SOL E BRUMAS®.

8. Payment conditions and security guarantees

8.1 The available payment methods are available at https://solebrumas.pt. We do not accept any payment methods other than those mentioned there.

8.2. Products can only be paid for using Multibanco (ATM), with all the necessary instructions for this payment method (entity/reference/total amount) provided.

8.3. Payment by Multibanco (ATM) implies that we will only start processing the order after we have received payment. Therefore, with this payment method, we advise you to go to the Caixa Multibanco (ATM machine) as soon as possible, so that you receive your order as soon as possible. Once 2 calendar days have passed after placing the order, and if we have not received any payment, the order will be cancelled.

8.4. We urge that you do not attempt to make the payment by any means not specified at https://solebrumas.pt. If you try to do so, SOL E BRUMAS® cannot be held liable for loss of payment or any other damages which may result.

9. Privacy and Personal Data Protection

9.1. SOL E BRUMAS® recognises the importance of protecting the personal data of its customers and all those who visit the website, https://solebrumas.pt, and therefore has developed a behavioural security standard which meets all the requirements of the General Data Protection Regulation. To consult our Privacy Policy, please click here.

9.2. If you have any questions about how we process and protect your data, please email us at: geral@solebrumas.pt.

10. Retention of ownership of marketed products

10.1 SOL E BRUMAS® retains ownership of the company's products until it has received full payment for all the products.

11. Prices

11.1. The prices of the products displayed on the website, https://solebrumas.pt, include Value Added Tax (VAT).

11.2. The total price specified in the final menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future use. Please only transfer the exact amount specified in your order confirmation and make individual transfers per order.

11.3. Shipping fees are calculated per order, and the exact price of the shipping fee will depend on the location where your order will be delivered.

12. Guarantee

12.1. The products sold at https://solebrumas.pt may not exactly match the actual product with regard to the displayed image and colours, especially due to the internet browser and monitor used.

13. Shipping of products and deliveries

13.1. Products ordered in the online store, https://solebrumas.pt, will be shipped and delivered on business days, from Monday to Friday.

13.2. We can only guarantee the proper delivery of an order if the delivery address is properly indicated by the User, with the address corresponding to a house or office located in one of the locations subject to delivery.

13.3. A delivery is considered to have been made or a product is considered to have been delivered with the signature of the delivery receipt at the agreed address.

14. Shipping costs and delivery times

14.1. Shipping costs associated with your order will be billed per order. For example, if you order more than one item, you will only pay shipping costs once.

14.2. https://solebrumas.pt currently ships to Portugal and the Islands. European Union: Belgium; Bulgaria; Cyprus; Croatia; Denmark; Slovenia; Finland; Gibraltar; Luxembourg; Malta; Netherlands; Hungary; Italy; Czech Republic; excluding: Germany; Austria; Slovakia; Spain; Estonia; France; Greece; Latvia; Lithuania; Poland; Romania; Sweden. Outside of Europe: United States of America.

14.3. The order is considered to have been accepted if, after receiving the order, the Buyer does not return it within the following 15 days.

15. Delivery times for orders

15.1. After registering your order, confirming the respective payment and having all the products in your order available, SOL E BRUMAS® undertakes to ship it within a maximum period of 2 business days.

15.2. SOL E BRUMAS® cannot be held responsible for non-compliance, or delay in complying, with any shipping obligation due to a situation of force majeure, that is, an event, act or omission beyond its reasonable control.

16. Returns (Right of Termination)

16.1. The User, if they are a consumer, may exercise their right of termination without being required to pay any compensation, within a period of 14 (fourteen) days from the day on which the consumer acquires physical possession of the product.

To exercise this right, the User may use the form indicated below, indicating their identification information, the purchased product to be returned and the date of delivery thereof. The communication must be made, by letter, through the return of the acquired good, or by another appropriate and corroborative method within the period defined above.

The consumer must, within 14 (fourteen) days from the termination communication date, return the products to SOL E BRUMAS® in the proper conditions of use.

Draft for free termination form (you should only complete and return this form if you want to terminate the contract).

– To: SÓNIA MARIA CABRITA DOS SANTOS BÁRBARA, with headquarters at LADEIRA DO CARDOSO, 2D, S. BRAS – 9760-652 PRAIA DA VITÓRIA – AÇORES, PORTUGAL, or to the following email address: geral@solebrumas.pt

- I hereby state that I terminate my purchase and sale agreement for the following product (*) —received on (*)

Consumer's name — Consumer's address — Consumer's signature (only if this form is sent on paper).

The package must be returned complete, as it was delivered and accompanied by all the documentation received, specifically, the following documents: sales invoice and the document proving receipt of the product. The package and documents indicated must be sent to the following address:

LADEIRA DO CARDOSO, 2D, S. BRAS

9760-652 PRAIA DA VITÓRIA

AÇORES, PORTUGAL

If the User chooses another form of return, the respective shipping costs will be their responsibility.

16.2. The User will be refunded the amount corresponding to the amount paid for the order (sales invoice amount) after SOL E BRUMAS® has received the returned product. If you have used a promotional discount code, this amount will not be refunded. In other words, the refund will only correspond to the amount actually paid.

16.3. The refund method for the amount to be returned depends on the payment method used in the respective order. In the case of payments via Multibanco (ATM) reference, the refund is made to the indicated bank account.

16.4. If any of the components of the item sold are missing or, if any of the components are not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent back to the initial shipping address.

17. Conditions applicable to promotional codes (discounts)

17.1. When used in accordance with the established rules, a promotion code gives the user a promotion/discount on the purchase of a specific product or on a set of products, during the period indicated/associated with the promotional code/campaign.

17.2. Promotional codes are personal and non-transferable and can only be used for online purchases on the website. A promotional code cannot be sold, exchanged or given away. The customer with the promotional code may not upload it or make it available on any website or other public form of gift, donation, sale or exchange. The use of promotional codes for commercial purposes is not permitted.

17.3. The use of a promotional code is subject to only one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.

17.4. Promotional codes cannot be redeemed for cash and will not be reissued or refunded.

17.5. Without prejudice to any other rights, SOL E BRUMAS® reserves the right to immediately invalidate the promotional code issued if it suspects that a promotional code is being used in violation of the aforementioned norms.

18. Validity of promotional offers or commercial campaigns

18.1. Promotional offers or commercial campaigns published on the https://solebrumas.pt website are valid only during the time they are displayed on the website and in accordance with the established conditions, unless otherwise stated on the website.

18.2. In the case of returning or exchanging items purchased within the scope of commercial campaigns or promotions, you will be credited or delivered only the amount you actually paid for the purchase of the item you intend to return or exchange.

19. Intellectual property

19.1. The Store is a registered website and the Service provided by the website itself is the responsibility of SOL E BRUMAS®.

19.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property laws and other applicable laws.

19.3. The User acknowledges that any content appearing in advertising, highlights, promotions or the mention of any sponsor or advertiser is protected by laws associated with copyright and related rights, by laws relating to industrial property and other property protection laws, whereby any use of this content can only occur with the express authorisation of the respective owners.

19.4. The User undertakes to fully respect the rights referred to in the previous number, namely refraining from practising any activities which may violate the law or the aforementioned rights, such as reproduction, commercialisation, transmission or making such content available to the public or any other unauthorised acts involving the same content.

20. Service Security Conditions

20.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to personal data processing and advertising communications through automatic calling devices. They must also observe the rules for using the Service, under penalty of SOL E BRUMAS® suspending or deactivating the Service under the terms set forth in point 21.

20.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads, whereby SOL E BRUMAS® does not guarantee the provision of the Service without interruptions, information loss or delays.

20.3. In addition, SOL E BRUMAS® does not guarantee Service provision in situations of unpredictable system overload or force majeure (situations of an extraordinary or unforeseeable nature, beyond the control of SOL E BRUMAS® and which cannot be controlled).

20.4. If Service provision is interrupted due to unpredictable system overload, SOL E BRUMAS® undertakes to normalise its operation as soon as possible.

21. Suspension and deactivation of the Store Service

21.1. Regardless of any prior or subsequent communication, SOL E BRUMAS® may, at any time, and in accordance with its sole discretion, discontinue providing the Service and/or part of the Service to one or all Users.

21.2. SOL E BRUMAS® also reserves the right to immediately suspend or terminate access to the Service in the following cases:

1. a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions

1. b) When SOL E BRUMAS® ceases access to the Store, with a prior notice of 15 days before the termination date.

21.3. The suspension or termination of the Service by SOL E BRUMAS®, under the terms of the previous numbers, does not involve the User’s right, or that of third parties, to any indemnity or other compensation, and SOL E BRUMAS® cannot be held responsible or in any way liable, for any consequence resulting from the suspension, annulment or cancellation of the Service.

21.4. In the situations described above, SOL E BRUMAS® will notify the User in advance, so that they can, if they so wish, safeguard the content of their order viewing area within 3 (three) business days from the sending of the e-mail or when the information was made available on the website’s homepage.

22. Communications

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

22.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, telephone number and/or email address indicated in the ordering process.

You may, at any time, request to not receive these communications and/or notifications through the Contact Form or through the option, “Do not receive the Newsletter”, in each Newsletter.

23. Technical Settings

23.1. Without prejudice to the provisions of the following number, SOL E BRUMAS® may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and must inform the User of such changes at least 15 (fifteen) days in advance.

24. Applicable law

24.1. Portuguese legislation will apply in any divergences arising in the contractual relationship between the Parties. Any issue or dispute arising from the application, interpretation, integration or execution of this Agreement, when it cannot be resolved by agreement of the parties, will be submitted to the Portuguese courts. Consumers may obtain information about their rights from Alternative Dispute Resolution Entities for consumers, available at www.consumidor.pt.

25. Change of general terms and conditions of sale

25.1. SOL E BRUMAS® has the right to change these General Terms and Conditions of Sale at any time. The Buyer is subject to the principles and terms in force at the time of their order, unless the law or competent authority imposes any amendment thereto.

The Customer hereby declares knowing, and fully and unreservedly accepting, these terms and conditions.

Last updated: 12th September 2022