Terms & Conditions

1. General Provisions

1.1. These Commercial Terms and Conditions (hereinafter referred to as the "Commercial Terms and Conditions") of the company Hephaesnus, Lda., with registered office at Urbanização Vila Pavão, 4540-322 Escariz, Portugal, NIPC PT516861450 (hereinafter referred to as the "seller") define, in accordance with the general provisions, the mutual rights and obligations of the contracting parties established in relation to or arising from the purchase and sale agreement (hereinafter referred to as the "purchase agreement") to be entered into between the seller and other entities (hereinafter referred to as the "buyer") through this online store (www.sallus.pt).

1.2. Provisions deviating from the Commercial Terms and Conditions may be agreed upon in the purchase and sale agreement. Provisions diverging from the purchase agreement prevail over the provisions of the Commercial Terms and Conditions. The parties (seller and buyer) agree that their commercial relations shall be governed by the purchase and sale agreement. The Commercial Terms and Conditions are an integral part of the purchase and sale agreement. The purchase and sale agreement and the Commercial Terms and Conditions are drafted in the Portuguese language. The purchase and sale agreement may be concluded in the Portuguese language.

1.4. The Seller is not liable for any damage arising from interference, interruptions, computer viruses, malfunctions or other anomalies of the operating system that may restrict or prevent access to its services.

1.5. The Commercial Terms and Conditions may be amended or supplemented by the Seller without prior notice. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Commercial Terms and Conditions.

2. Processing of Personal Data and Newsletter

2.1. The buyer may order goods without registration directly from the web interface of the online store.

2.2. When ordering goods, the buyer is obliged to provide correct and truthful data. The data provided by the buyer when ordering goods is considered by the seller to be truthful. Some personal data is mandatory, being essential for the seller to provide the contracted product or service. Mandatory data is indicated at the time it is requested.

2.3. The personal data collected is processed electronically and stored in specific databases, intended for the provision of the contracted services and products, as well as for commercial and marketing activities carried out by the seller.

2.4. The buyer may request the modification or removal of their data at any time, as well as object to the use of the data provided for marketing purposes and the sending of informational communications, by contacting the e-mail info@sallus.pt.

2.5. The term Newsletter is given to the e-mails, promotional offers, institutional newsletters and information about the seller, sent directly to the buyer's electronic mailbox. The Newsletter subscription may be modified or removed by sending an e-mail to info@sallus.pt, stating this purpose.

3. Conclusion of the Purchase and Sale Agreement

3.1. All presentation of goods placed on the web interface of the online store is of an informative nature, and the seller is not obliged to conclude a purchase agreement for those goods.

3.2. The Web interface of the online store contains information about the products, including the prices of individual products and the cost of returning the products if, due to their nature, they cannot be returned by post as usual. The prices of the products include VAT. The prices of the goods remain in force for as long as they are displayed on the Web interface of the online store. This provision does not limit the seller's ability to conclude a purchase and sale agreement under individually agreed conditions.

3.3. The product images are merely illustrative and may not correspond exactly to the actual product, the mentioned characteristics remaining constant.

3.4. The availability of items is limited to existing stock. In the event of product unavailability, the seller undertakes to inform the customer and to refund them, if payment has already been made, within a maximum period of 30 days from the order date.

3.5. The Web interface of the online store also contains information about the costs associated with the packaging and delivery of the products. The information on the costs associated with the packaging and delivery of the products listed on the Web interface of the online store applies only in cases where the products are delivered within Portuguese territory.

3.6. To order the products, the buyer completes the order form on the Web interface of the online store. In particular, the order form contains information about:

• The ordered goods (the buyer adds the ordered goods to the virtual shopping cart on the web interface of the online store);
• The method of payment of the purchase price of the goods, and information about the delivery method of the ordered goods; and
• Information about the cost related to the delivery of the goods (hereinafter referred to as the "order").

3.7. Before submitting the order to the seller, the buyer is authorised to verify and change the data entered in the order by the buyer, with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer submits the order to the seller by clicking the "Complete order" button. The data contained in the order is considered correct by the seller. The seller, immediately after receiving the order, confirms this receipt to the buyer by e-mail, to the buyer's e-mail address stored in the user account or entered in the order (hereinafter referred to as the "buyer's e-mail").

3.8. Depending on the nature of the order (quantity of goods, purchase price, anticipated shipping costs), the seller always has the right to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.9. The contractual relationship between the seller and the buyer arises upon delivery of the ordered goods to the address specified by the buyer in the order.

3.10. The buyer agrees to use distance communication means to conclude the purchase and sale agreement. The costs incurred by the buyer in using distance communication means in connection with the conclusion of the purchase and sale agreement (Internet connection costs, telephone call costs) are borne by the buyer, and these costs do not differ from the base rate.

4. The Price of the Goods and the Payment Conditions

4.1. The price of the goods made available through the seller's website is to be understood in euros (€), including value added tax (VAT) and all related charges in accordance with applicable legislation. Prices are given subject to typographical error and may be modified at any time without prior notice. All products are subject to existing stock.

4.2. The price of the goods and any costs associated with the delivery of the goods under the purchase and sale agreement may be paid by the buyer to the seller in the ways made available by the website, without prejudice to the fact that sometimes one of the methods may be temporarily unavailable.

4.3. All confidential data related to payment will only be used for payment of the order in question.

4.4. The confidential data related to payment may be managed by a third party responsible for the payment processing system, to which the seller is unrelated.

4.5. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount, unless free delivery is expressly communicated.

4.6. The seller has the right, in particular where the buyer does not provide additional confirmation of the order (article 3.8), to require payment of the purchase price before sending the goods to the buyer.

4.7. Any discounts on the price of the goods provided by the seller to the buyer may not be combined.

4.8. The seller is obliged to issue and deliver to the buyer a tax document — an invoice — relating to the payments made under the purchase and sale agreement. The seller is a value added tax payer. The tax document — the invoice — is issued by the seller to the buyer after the dispatch of the ordered goods and is sent in electronic format to the buyer's electronic address.

4.9. It is only possible to request a change to the invoice, unless it concerns a change due to an alteration in the delivery of the goods or a correction of an obvious inaccuracy in the original invoice (for example, a typographical error, an incorrect quantity of invoiced goods, etc.), on the third day of the month following the date of the issued invoice. After that, the change is no longer possible.

5. Termination of the Purchase and Sale Agreement

5.1. The buyer acknowledges that, in accordance with the provisions of the Law, it is not possible to terminate the purchase and sale agreement for the delivery of goods that:

• Have been modified according to the buyer's wishes or to the person of the contract for the delivery of perishable goods, and also goods that have been irrevocably mixed with other goods at the time of delivery;
• Are from a contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and that cannot be returned for reasons of hygiene; and
• Are from a purchase and sale agreement for the delivery of audio or video recordings or computer software if their original packaging has been damaged.

5.2. If it is not the case referred to in article 5.1 of the General Conditions of Sale or any other case in which the purchase and sale agreement cannot be terminated, the buyer has the right to terminate the purchase and sale agreement within fourteen (14) days from receipt of the goods. If the object of the purchase and sale agreement consists of several types of goods or the delivery of several parts, this period begins to run from the date of receipt of the last delivery of goods. The withdrawal from the purchase and sale agreement must be sent to the seller within the period indicated in the previous sentence. To terminate the agreement, the buyer must communicate their intention by e-mail, contacting info@sallus.pt.

5.3. In addition to any termination under the previous paragraph, the seller grants the buyer, who is in the position of a consumer, the right to terminate the agreement within 30 days from receipt of the goods, without the need to state a reason, provided that such buyer returns to the seller the goods carefully packed in the original packaging, with the original invoice, with all accessories and all components of the packaging, and provided that the goods have not been used beyond what is necessary to ascertain their nature, characteristics and functionality, and are not goods adapted to the personal needs of the buyer.

5.4. In the event of termination of the purchase and sale agreement, the purchase and sale agreement is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days from delivery of the termination to the seller. If the buyer terminates the purchase and sale agreement, they bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature. In the case of orders outside mainland Portugal, additional fees associated with the return may apply. The seller DOES NOT ACCEPT goods returned to its address by cash on delivery. Such an order will not be received and will be returned to the sender.

5.5. In the event of termination of the agreement under article 5.2 of the General Conditions of Sale, the seller must return the funds received from the buyer within fourteen (14) days from the termination of the purchase agreement by the buyer, in the same manner in which the seller accepted the funds from the buyer. The seller also has the right to return the payment made by the buyer at the time of the return of the goods by the buyer, or in another way, if the buyer agrees to this and if it does not entail additional costs for the buyer. If the buyer terminates the purchase and sale agreement, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller. In the event that the price of the goods has been paid by the buyer by means of a gift voucher, the seller will return the gift voucher. If the price has been partially paid in the form of a gift voucher, the seller will return the money partially paid in the form of a gift voucher, in proportion to which the price was paid.

5.6. The seller has the right to unilaterally offset the claim for compensation for the goods against the buyer's claim for the return of the purchase price.

5.7. The seller reserves the right to terminate the purchase and sale agreement in the following cases:

• a) In the case of an unlawful attempt by the buyer to terminate the purchase and sale agreement and the consequent impossibility of contacting them regarding further actions;
• b) In the case of a complaint about the goods by the buyer, where this complaint is considered unfounded and the consequent impossibility of contacting them regarding further actions;
• c) In the case of a complaint about the goods by the buyer, where this complaint is considered unfounded and the buyer expressly notifies the seller that he/she (the buyer) is no longer interested in the goods;
• d) In the case of a complaint about goods by the buyer, where the goods are sent back by the seller to the buyer's address, who does not accept the goods, and the goods are returned to the seller;
• e) In all other cases, where the goods are sent by the buyer to the seller without any information and the subsequent impossibility of contacting the buyer.

The seller further reserves the right to cancel the buyer's order until the buyer takes possession of the goods. In these cases, the seller will return to the buyer all funds received from the buyer in relation to the order, without undue delay, by cashless transfer to a bank account specified by the buyer.

5.8. If a gift is offered to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the resolutory condition that, if the buyer terminates the agreement, the gift agreement for that gift loses its effect and the buyer is obliged to return the gift together with the goods to the seller. In the event that the buyer does not return the gift together with the goods, the seller has the right to reduce the returned purchase price by the value of the gift not returned.

5.9. The buyer/consumer has the right to terminate the purchase and sale agreement. If the buyer is an entrepreneur and has entered an identification or VAT number in the order, then they are no longer a consumer. For this reason, in accordance with the Law, the buyer does not have the right to return the goods within 14 days from the delivery of the goods.

6. Transport and Delivery of the Products

6.1. If the shipping method is agreed on the basis of a special request from the buyer, the buyer assumes the risk and any additional costs associated with this shipping method.

6.2. If the seller is obliged, under the purchase and sale agreement, to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

6.3. If the goods have to be delivered repeatedly or in a manner other than that indicated in the order for reasons attributable to the buyer, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, as well as the costs associated with another shipping method.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately (within a maximum of 2 working days). The buyer is obliged to demonstrate this fact through photo documentation of the damage if goods damaged during transport are delivered. This information must be sent by e-mail through info@sallus.pt. If the packaging is damaged, its condition must also be described in the driver's receipt document. If the packaging demonstrates unauthorised entry into the shipment, the buyer is not obliged to accept that shipment from the carrier. The buyer is also obliged to check whether they received the requested quantity of goods when taking the goods from the carrier. In the event of discrepancies, it is necessary to contact us as quickly as possible (at the latest within 2 working days), so that we can begin to resolve the case and successfully solve any problems.

6.5. After the dispatch of the order, the customer may receive a link to track the shipment. If the shipment appears to have been delivered according to the tracking, but the recipient has not received the shipment, the recipient is obliged to notify the sender of the shipment as quickly as possible, within a maximum of 5 days from the delivery date specified in the carrier's tracking.

6.6. Other rights and obligations of the parties associated with the transport of the goods may be modified by the seller's special delivery conditions, if these are issued by the seller.

7. Rights Arising from Defective Performance

7.1. The rights and obligations of the contracting parties with regard to the rights of defective performance are governed by the generally binding legal provisions applicable.

7.2. The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller guarantees to the buyer that, at the time the goods are received by the buyer, the goods have the properties that the parties agreed and, if no agreement exists, the goods have the properties that the seller or the manufacturer described or that the buyer expected taking into account the nature of the goods and the advertising carried out by them (the seller, the manufacturer); the goods are suitable for the purpose stated by the seller or for which goods of this kind are usually used; the goods correspond to the quality or design of the agreed sample or model, if the quality or design were determined according to the agreed sample or model; the goods have the appropriate quantity, amount or weight; and the goods comply with the legal provisions.

7.3. Products intended for consumers are subject to a warranty period established in the description of each individual product, against manufacturing defects.

7.4. The provisions of article 7.2 of the Commercial Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, components subject to periodic replacement (where this situation is applicable), to wear and tear of the goods caused by their normal use, in the case of used goods to a defect corresponding to the degree of use or wear the goods had upon receipt by the buyer, or if this is due to the nature of the goods, negligent use, misuse or accident.

7.5. The benefit of the warranty will only be considered upon presentation of the respective proof of purchase. The warranty lapses when unauthorised entities have repaired, modified or replaced any component of the products. All costs associated with the maintenance and repair of the product not arising from the application of the warranty are attributed to the buyer, except where included in a promotional sale described at the time of conclusion of the purchase agreement.

7.6. The buyer shall exercise the right relating to defective performance and, where it is necessary to return the product to the seller, the buyer shall return the packaging to the address specified by the seller for evaluation.

7.7. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's return policy available on the website.

7.8. In the event of a refund of transport costs under the buyer's complaint about the goods, the buyer is entitled to obtain a refund of transport costs only in the lowest amount offered.

7.9. The seller informs the buyer that goods containing chemical adhesives or other compounds may have an odour after unpacking. The goods are not chemically or physically harmful, and the odour disappears after a short period of time. Consequently, these products cannot be considered defective.

7.10. The seller warns the buyer that the actual colours of the products may differ slightly from the colours in the photographs, depending on the settings and the type of their monitor/mobile phone. The actual colours of the products are indicated in their description.

8. Other Rights and Obligations of the Contracting Parties

8.1. The buyer acquires ownership of the goods at the moment the total purchase price of the goods is paid by the buyer and the goods are taken into the buyer's charge.

8.2. In relation to the buyer, the seller is not bound by any code of conduct within the meaning of the provisions of the Civil Code.

8.3. Consumer complaints are handled by the seller through a complaints book. The seller will send the notification about the resolution of the buyer's complaint to the buyer's e-mail address. The online complaints book can be accessed on the platform https://www.livroreclamacoes.pt.

8.4. If the buyer is a consumer under applicable legislation, and if a consumer dispute arises between the company Hephaesnus, Lda. and the buyer that is not resolved by agreement, the buyer may submit a proposal for the out-of-court resolution of that dispute. A Autoridade de Defesa do Consumidor de Portugal, with registered office at Rua D. Afonso Henriques 1, 4700-030 Braga, website: https://www.cniacc.pt, is the entity responsible for the out-of-court resolution of consumer disputes arising from the purchase and sale agreement. The online dispute resolution platform, located at http://ec.europa.eu/consumers/odr, may be used for the resolution of disputes between the seller and the buyer arising from a purchase and sale agreement.

8.5. O Centro Europeu do Consumidor Portugal, with registered office at Praça Duque de Saldanha 31-1, 1069-013 Lisboa, website: https://cec.consumidor.pt, is the contact point in accordance with Regulamento do Parlamento Europeu e do Conselho (UE) n.º 524/2013, of 21 May 2013, on the online resolution of consumer disputes and amending Regulamento (ES) n.º 2006/2004 and Diretiva 2009/22/ES (Regulation on online consumer dispute resolution). More information available on the Consumer Portal at https://www.consumidor.pt.

8.6. The seller is authorised to sell the goods on the basis of a commercial licence. Trade control is carried out within the scope of its activity by the competent trade licensing service. The supervision of personal data protection is carried out by the Personal Data Protection Office. A Autoridade de Defesa do Consumidor de Portugal exercises, on a limited basis, the supervision of compliance with the Consumer Protection Law, as amended.

8.7. The buyer assumes the risk of a change in circumstances in accordance with the provisions of the Civil Code.

8.8. The protection of personal data is ensured in accordance with applicable legislation, in particular with Regulamento do Parlamento Europeu e do Conselho 2016/679, and in accordance with the privacy policy indicated on this website.

9. Final Provisions

9.1. If the relationship established by the purchase agreement involves an international (foreign) element, the parties agree that the relationship is governed by Portuguese law. This will not affect the consumer's rights arising from generally binding legal regulations.

9.2. If any provision of the Commercial Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, then instead of the invalid provision, a provision whose meaning is closest to the invalid provision shall come into force. The invalidity or ineffectiveness of one provision does not prejudice the validity and effectiveness of the other provisions.

9.3. The purchase and sale agreement, including the Commercial Terms and Conditions, is archived by the seller in electronic format and is not accessible.

9.4. Hephaesnus, Lda. is a legal person registered with NIF 516861450, with registered office at Urbanização Vila Pavão, 4540-322 Escariz, Portugal, and shipping address Rua da Igreja, 533, 4540-363 Fermedo, Portugal, with a share capital of 801 euros.