TERMS AND CONDITIONS

    GENERAL TERMS AND CONDITIONS OF ONLINE PURCHASE AND SALE


    LEGAL NOTICE

    This document regulates the general terms and conditions of use of MarGG’s Online Store to which you have just visited, of Sociedade LxCreation, Lda, portuguese legal registration number 515478407, registered with the Commercial Registry of Lisbon, headquartered in Almada, at Rua Bernardo Francisco da Costa, 1 – 1st left, 2800-031 Almada, owner of MarGG’s brand. The Company will henceforth be identified, for greater ease, by “MarGG’s”.

     

    1. Conditions of Sale

    These sales conditions apply:

    (a) all offers included on this website.

    (b) all agreements and relationships concluded between MarGG’s and any customer placing orders through this website.

    The purchase at MarGG’s Loja Online gives you the status of Customer and implies your acceptance, fully and without reservations, of all the provisions included in the General Terms and Conditions of Online Purchase and Sale as well as in the Privacy Policy (marggs.pt/en/privacy-policy), in force at each time you access MarGG’s Online Store.

    MarGG’s only accepts product orders through this website, subject to these general online purchase and sale terms and conditions.

    The general online purchase and sale terms and conditions are the only ones that apply and supersede all other terms and conditions, except prior agreement, express and in writing.

    MarGG’s may occasionally modify certain provisions of its general online purchase and sale terms and conditions. We consider that when the order is validated, the customer is automatically accepting our general terms and conditions of purchase and sale online.

    The contractual proposal contained in MarGG’s Online Store is aimed only at people of legal age, with full contractual capacity and who, therefore, can take responsibility for the commitments resulting from the purchase and sale. By using it, you are declaring that you fulfill these requirements.

    In the event of a breach of these general online purchase and sale terms and conditions, MarGG’s reserves the right to exercise any and all legal actions provided for. In addition, MarGG’s reserves the right, without restrictions, to terminate access to or use of the MarGG’s Online Store, with or without prior notification to the Customer.

     

    2. Registration and Ordering Process

    2.1. Registration

    To make your purchases through this website, you must register in advance. The data requested for registration are:

    • Name;
    • Surname;
    • Date of birth
    • Email;
    • Telephone;
    • Tax Identification Number;
    • address

    The Client guarantees the veracity and accuracy of the data provided when filling out the contract forms, being responsible for the damages caused to MarGG’s or to third parties resulting from their falsity or incorrectness.

    The Client undertakes to communicate, in writing, to MarGG’s any change in the personal data provided that occurs during the term of this contract.

     

    2.2. Order 

    2.2.1. Choice of Products

    The products presented on this website are grouped in an ONLINE STORE tab that is defined in Categories:

    (i) Clothing; (ii) Swimming (iii) Accessories.

    These categories are identified in the top menu and in the central column on the internal pages of the website. When choosing one of these categories you will have access to the category belonging to the selected area, as well as to the list of products.

    In each of these categories, there may still be aggregated subcategories. When selecting a category or subcategory you will have access to the list of products.

    The products displayed on the website you wish to order, must be inserted in the shopping cart, using the “Buy” option.

    You can also obtain more detailed information about the products displayed, clicking on the product name, to access detailed images of them, their designations and compositions, characteristics, other models, etc. The photographs presented at MarGG’s Online Store are for illustrative purposes only, and the Client must read carefully and fully read the information on the essential characteristics of the articles that are described. In case of doubt, the Customer can contact MarGG’s in order to obtain additional information or details. MarGG’s will make every reasonable effort to include accurate and up-to-date information on the products on the MarGG’s Loja Online website.

     

    2.2.2. Shopping cart

    After placing all the products you want to order in the shopping cart, you can proceed and complete your order. For this purpose, you should observe the following steps:

    Step 1 – Identification (if you have already logged in, you can proceed to Step 2);

    Step 2 – Account and billing address;

    Step 3 – Morada para entrega e ponto Pick-up Chronopost;

    Step 4 – Delivery method: You must choose a Pick-up Point close to you and / or fill in the Delivery address in step 3. Pick-up Point: It can be the place chosen by you to deliver your order; in this case should not fill in the “Delivery address” field in step 3. The pick-up point should always be chosen as the place where the carrier will drop off your order, if someone is not available at the address indicated for receiving your order; in this case, you will be sent an email informing the delivery of your order at the chosen pick-up point;

    Step 5 – Payment Method;

    Step 6 – Confirm Order;

    The Customer assumes to carefully check the data contained in his order summary, confirming the items and services selected in the shopping cart, Customer data and billing data. If you notice any non-compliance you must go back to the previous steps in order to proceed with the respective rectification.

     

    After confirming your order, you will receive an e-mail reply with the order receipt.

     

    2.2.3. Order Acceptance

    Confirmation of the availability of the ordered products and acceptance of your order will be made by sending a new email. Only with the acceptance of these sale conditions, an agreement will be formed that binds MarGG’s and the customer.

    MarGG’s may withdraw, at any time, any offer or change the price indicated before the agreement with the customer exists.

     

    3. Shipment of the Order

    3.1. Shipping Time

    When ordering a product, the Customer finds the estimated date for shipping and transportation: up to 3 working days in the continental territory. Up to 8 working days to the islands of Madeira and / or Azores.

    MarGG’s only dispatches on weekdays. So, neither weekends nor holidays are counted for the estimated delivery of orders. In any case, the estimated delivery dates are indicative only.

     

    3.2. Unavailability

    If any product ordered is unavailable, and after having checked the possibility of replacing the missing item, MarGG’s will contact the customer if the item’s delivery time changes.

    In case of absolute unavailability of stock of the ordered and paid product, MarGG’s may propose to the Customer the supply of a product of equivalent quality and price, if any, and in this case, the order will only proceed after the consent given by the Customer. If it is not possible to propose any product of equivalent quality and price or if he has not given his consent to change the order initially placed, MarGG’s will refund the amounts paid by the Client, within a maximum period of 14 days after notification of the cancellation.

     

    3.3. Delays

    Any reasonable delay in the shipment of items, given the estimated dates presented, does not entitle the Customer to any compensation.

     

    4. Shipping costs

    Shipping costs to Mainland Portugal and Islands are free for purchases over 40 euros.

    For purchases of less than 40 euros, an additional shipping cost of 5 euros will be charged, added to the final purchase price.

    The Customer must bear the costs of returning unwanted items in full.

     

    5. Cancellations, Exchanges and Returns

    5.1. Cancellation

    The Customer may cancel his order at any time until the shipment, with the right to a refund of all amounts paid. Upon receipt of the order by the Customer, the Customer may exercise his right of free resolution under the terms legally provided for and indicated below, namely, in Decree-Law No. 24/2014, of February 14th.

    Failure to pay the order within 2 working days following the date on which it was definitively placed implies automatic cancellation of the buy.

     

    5.2. Exchanges

    Within the scope of its Customer Satisfaction Policy, and in accordance with the applicable legislation, MarGG’s allows the exchange of articles, within 14 days from the date of receipt by the Customer, without the need to indicate the reason.

    The Customer must bear in full the costs of returning the items for the purpose of exchange. The sending of a new article resulting from the exchange is free.

     

    5.3. Resolution

    The Client also has the right to terminate the contract, without incurring any costs, within 14 days from the day: (i) in which the Client or a third party indicated by him, other than the carrier, acquires possession of the good (ii) in which the Customer or a third party indicated by him, other than the carrier, acquires physical possession of the last good (iii)when the consumer has ordered several goods in a single order and the goods are delivered separately .

    To exercise its right of free resolution, the buyer must inform MarGG’s Online Store Customer Support service through the contacts indicated on this website, of its decision to terminate this contract by means of an unambiguous written declaration, within the period indicated above, namely 14 days, indicating the item you want to return.

    In the event of termination of this contract, the amounts paid by the Client (with the exception of costs resulting from transport) will be refunded to the Client, without undue delay and, in any case, at the latest within 14 days from the date on which MarGG’s is informed of the Client’s decision to terminate this contract.

     

    5.4. Return and Exchange Procedure

    The Customer must return the goods without undue delay and at the latest, 14 days after the day on which he informed MarGG’s of the free termination of the contract.

    The Client must bear the costs of returning the goods in full in the event of exercising the right of free termination of the contract.

    If you wish to exchange items, you must contact MarGG’s Loja Online services by email: [email protected])which will provide all the information about the exchange process. The Customer should not, under any circumstances, send the articles to the address shown on MarGG’s without having made a previous contact.

    When returning and exchanging items, the Customer must respect the following conditions:

    • Presentation of the product purchase invoice (which can be sent by email to ([email protected]);

    • The product must be delivered in the same condition in which it was sold – without scratches or external damage, in perfect conditions of use, in original packaging along with the sales tag.

    After contacting MarGGs Online store services, through the mail:  [email protected], and having been given the return instructions, you must send the item properly packed, with original packaging, exclusively, to the following address:

    Rua Bernardo Francisco da Costa 1 – 2800-031 Almada, Portugal

    All items will be checked upon arrival at our service and only those who respect the return conditions will be accepted for exchange or return.

    Under no circumstances should the return be made to any address other than the address indicated above, regardless of where the items may have been picked up by the customer’s choice on the purchase form.

    In case of return, if the Customer chooses to refund the amount, MarGG’s informs that:

    • The refund is made using the same payment method.

    • The refund will only be made after checking the condition of the product.

    MarGG’s reserves the right not to accept articles that do not comply with these conditions.

     

    6. Prices and Payment Method

    6.1. Pricing

    MarGG’s informs that the prices charged in MarGG’s Online Store are exclusive to the Online Store. All promotional campaigns have a limited and exclusive stock for online marketing.

    The Product catalog of MarGG’s Online Store is independent of that existing in physical stores, both in terms of price and quantities in stock.

    Prices are shown in euros and include the respective fees and taxes (VAT).

     

    6.2. Payment method

    When purchasing products sold at MarGG’s Loja Online, the following means are allowed:

    • ATM reference;

    • Visa or Master card (data to be collected: card number, expiration date and cvv code);

    • Bank Transfer to IBAN.

    MarGG’s only processes an order placed by a Customer after confirmation of the respective payment, so MarGG’s Online Store cannot guarantee the availability of the items until such processing is completed.

     

    7. Treatment of Personal Data

    In compliance with the provisions of Regulation (EU) 2016/679, the General Regulation on Data Protection (GDPR), the Client of MarGG’s Online Store may, at any time, exercise the rights of access, rectification, opposition, cancellation and communication of your data in the following ways: in the area of the website called “My Account” or by email: [email protected]. 

    The Client authorizes MarGG’s to automatically process the client’s personal data, including all disclosed at the time of registration on the site, for the purposes necessary for contracting with the client, management and execution of purchases and respective registrations, access control, including the use of “cookies”, which can be accessed by MarGG’s service providers and suppliers, namely, accounting and auditing companies, located in the European Union.

     

    8. Other Rights and Responsibilities

    8.1. Username

    Each registered customer will choose a username (email) that is unique, personal and non-transferable. The password is chosen by the customer at the time of registration and must be

     

    8.2. Ownership of Contents and Distinctive Signs

    The data and content of the website, including trademarks, are the exclusive property of MarGG’s or third parties that allow use by MarGG’s and as such protected by law.

     

    8.3. Use of the Internet

    MarGG’s will not be responsible for damages and inconveniences arising from the use of the Internet, including, for example, as a result of the disruption or deficiency of service and access, external intrusion or the presence of computer viruses, or any case of force majeure.

    It is the Client’s knowledge that the use of MarGG’s Online Store may not be 100% secure, and there may be the possibility that the information sent / received may be intercepted by unauthorized parties, a responsibility that cannot be attributed to MarGG’s.

     

    8.4. Guarantees

    MarGG’s is responsible, under the terms and conditions established in Decree-Law no. 67/2003, of April 8 (current version), for any lack of conformity that exists when delivering the good and that manifests itself within a two years from the date of delivery, provided it is communicated to MarGG’s within a maximum period of 2 months from the date on which it was detected.

     

    8.5. Claims

    The Customer may address any complaints to MarGG’s, by email:  [email protected]

    or by correspondence to be sent to the following address: Rua Bernardo Francisco da Costa, nº1 – 1 esquerdo-frente, 2800-031 Almada, Portugal.

     

    8.6. Applicable law and jurisdiction

    Any agreements and documents to which the present conditions of sale apply are regulated by Portuguese law. Questions and disputes arising from any agreements or documents to which the present conditions of sale apply will be submitted to the Portuguese courts.

    The Client may seek information about his rights with the Alternative Dispute Resolution Entities, available at www.consumidor.pt.

    MarGG’s has no policy of adhering to the arbitrations made possible by these entities and will verify, on a case-by-case basis, the best alternative for resolving the dispute, always with attention to consumer rights.

     

     

    The Client declares to know and fully accept and accept these terms and conditions.

    Updated in June 2019.