Terms of Service “DoctorGummyStore - DoctorGummy.com”

 

  1. INTRODUCTION
  2. USE OF THIS WEBSITE
  3. AGREEMENT FORMATION
  4. PRODUCT AVAILABILITY
  5. ORDER DENIAL
  6. RIGHT OF FREE AGREEMENT RESOLUTION - "Cooling OFF"
  7. DELIVERY
  8. DELIVERY IMPOSSIBILITY
  9. PROPERTY AND LIABILITY
  10. PRICES AND PAYMENT
  11. VALUE ADDED TAX
  12. RETURN CONDITIONS
  13. PRIVACY POLICY
  14. RESPONSABILITY AND EXCLUSIONS
  15. INTELECTUAL PROPERTY
  16. WRITTEN COMMUNICATIONS
  17. COMMUNICATIONS
  18. TRANSMISSION OF RIGHTS AND OBLIGATIONS
  19. EVENTS OUT OF VENDOR CONTROL
  20. RENOUNCE
  21. REDUCTION
  22. ENTIRE AGREEMENT
  23. CHANGE OF TERMS OF SERVICE BY THE VENDOR
  24. APPLICABLE LAW
  25. COMMENTS
  26. DOCTORGUMMY
  27. COMMERCE CONFLICT RESOLUTION
  1. INTRODUCTION

The present document regulates the terms and conditions of the use of this website and the agreement established between us (DoctorGummy / Seller / us / our) and the customer (user). These terms establish the rights and obligations of the users and DoctorGummy relative to the goods/services provided in this website or in any other website of the same scope to which there is an hiperlink/link (DoctorGummy Services)

Before pressing the "CONFIRM ORDER" button at the end of the order process, you must read these terms carefully. If you don't agree with these Terms, in their entirety, you should refrain from ordering. These terms are susceptible to changes, so you must read them before placing any order. In case of any doubt  about this document, please contact us through our web page or out contact form.

DoctorGummy Europe, Lda., acting under the DoctorGummy brand is a portuguese commercial society, registered in the Conservatória do Registo Comercial do Porto with the number 514034033 and its postal address in Avenida da Boavista, nº36-1º 4250-425 Porto.

Our VAT Number is PT 514034033

  1. USE OF THIS SITE

These Terms are the only applicable conditons to the use of this site and prevail over any other condition, except in case of an explicit agreement from the Vendor, given beforehand by writing. These Terms are of the utmost importance to both parts, since they aim to protect the users rights, in the role of customer, as well as our own, while Vendor and their objective is to establish a juridically valid agreement between all involved.

By placing an order, the user confirms to have read these Terms, which he/she agrees without any reserve.

The user agrees to:

  • Only use this website to place or consult legitimate, real orders.
  • Not place orders that may have a fraudulent, fake or speculative nature. If we have reason to believe that any such order is placed, we reserve ourselves the right to cancel it and communicate the issue to the competent authorities.
  • Input an email, postal address or other contact data, that are true, correct and complete, and accepts the usage of this data by the Vendor, in order to contact you, in case it's needed.
  • Supply the Vendor with all necessary information, or else the order may not be completed.
  • Verify that he/she is of legal age at the time of the visit of the site, and that has legal capability to clebrate contracts.
  1. AGREEMENT FORMATION

The information present in these terms does not constitute a sale proposition but a mere invitation to negotiate. No Agreement relative to the mentioned products will be celebrated between the user and the Vendor without the acceptance of the order by the latter (independently of there having been a charge or not of the user's payment method). If the order is not accepted after the user has paid, the full amount will be refunded.

To place an order, you should follow to online purchase process and press the button "CONFIRM ORDER".

After that, you will receive an email confirming that your order has been received by the Vendor (the "Order Confirmation"). You should bear in mind that this does not mean your order has been accepted. The order represents just a purchase proposal of one or more of our products.

Any order is subject to approval by the Vendor. The approval will beconfirmed through an email communicating the fulfillment of the product(s). - "Shipping Confirmation".

The Agreement  of purchase and sale between the user and the Vendor is only made official with the "Shipping Confirmation" notification. And said Agreement will only concern the products mentioned in the "Shipping Confirmation" notification. The Vendor is not obliged to supply any other products that may be part of the order until a new shipping notice is emitted for them.

  1. PRODUCT AVAILABILITY

DoctorGummy ships to various countries in Europe with the shipping time being showed at the moment of order completion, depending of the destination country.

Our partner shipping carriers deliver from Monday to Friday, between 8am and 7pm, on the address provided by the user.

Order Tracking

When your order is shipped, you will receive a tracking code in your email, so that you can follow you order on the carrier's website.

In case of any difficulties about order tracking, please contact us through our contact form on the website.

Delivery Difficulties

In case the carrier is unable to deliver your package, they will attempt to do it on the next day or will contact you to book anther delivery date. In the specific case of CTT/CTT Expresso, a note will be left in your mailbox so that you can pick up your products at the nearest post office.

  1. ORDER DENIAL

The Vendor will no be responsible, to the user or any third party, by the withdrawal of any product present on this website, any chages to or deletion of content on the website or the refusal to complete the fulfillment or accept any order that has been subject to a Shipping Confirmation.

  1. RIGHT OF FREE RESOLUTION - "Cooling OFF"
The user that "hires" our services as a consumer, could freely resolve the Agreement in a 14 day period countingv from the date of delivery of the products. In this case the user will be refunded the price paid by the product, not including shipping and taxes, according to the Returns Conditions (see clause twelve below).


The user should see, in the Returns Conditions clause, how to proceed regarding the return of the products. The right of resolution of the Agreement occurs only if the products were returned in the same state they were received in by the user. The user must proceed to the return with all of the instructions, documents and packaging material. All damaged products, that are not in the condition in which they were received by the user or have signs of use beyond the mere opening of the shipping box will not be refunded.

We ask that the user take special care with the handling of the products while thesy remain in their possession and, keep the original boxes, instructions, documents and other packaging materials, in case of a need to return the products in the future. 

Detailed informations about the right of Agreement resolution and explanations are present in clause twelve of these terms. The present arrangement does not affect any rights arising from the law.

This clause is only applied to the final consumer, excluding, distributors, retailers, representantives, etc....

  1. DELIVERY

Under the condition that they are available (see clause 4 above), the Vendor will do its best efforts to, except under special circumstances, deliver the products present in a Shipping Confirmation on the predicted date, or in case of no prediction, in 15 days time from the order recpetion confirmation.

Possible reasons form delivery delays include:

  • Pre-Order phase of new products or shortage of stock;
  • Specialized products;
  • Unpredicted Circumstances;
  • Delivery Area;
  • Political or legislative changes;
  • Periods of high demand and orders;
  • ...

If, by any reason, the Vendor is not able to deliver the goods on the predicted date, the user will have the option of keeping the order by prolonging de delivery period or cancel the order and get a full refund. The user should always bear in mind that the Vendor does not ship items on Saturdays and Sundays.

Regarding these Terms, a "delivery" is considered successful, or a product is considered "delivered" with the signature of a delivery note on the indicated address.

The shipping rate policy is made on a case to case basis, depending on the delivery location, time of year, carrier, among other conditions...

8. DELIVERY IMPOSSIBILITY

If the Vendor is unable to deliver the products at the first try, efforts will be made to find a safe location to leave the ordered product. A note will be left, explaining where the product is with the appropriate order that it can be picked up by the customer.

    In this case, if the order is not picked up in within 6 working days, the user loses the right to the order and will not be refunded of any value paid.

    1. PROPERTY RISKS

    From the moment of the delivery, the risks related to the product rest upon the user.

    The property of the supplied products can only be transmitted to the user when the seller has received the full payment of the amount due, including shipment costs, or after the delivery, depending on what happens last. 

    1. PRICE AND PAYMENT

    Except in case of blatant error, the product prices are the ones indicated on the website at any given moment. Even though the Vendor tries to assure all prices on the website are correct, errors may occur. If the Vendor sees that a product price present on an order is wrong, the customer will be promptly informed, having the option to reconfirm the order at the correct price or cancel the order. If the Vendor is unable to contact the customer the order will be canceled and a full refund will be given to the client, in case the payment was already made.

    The Vendor is under no obligation to supply any product at an incorrect price, even if a Shipping confirmation has been sent, if the error is notable, unequivocal and identified by the customer in reasonable circumstances. 

    In the final consumer area, the displayed price include taxes (when applicable), but do not include shipping costs. These will be added to the final price. In the reseller area, product prices do not include taxes, nor shipping. These are added to the final order price.

    We reserve ourselves the right to refuse order of great size and/or value. All prices and quantities available are susceptible to changes at any moment but, except the terms referred above, those changes will not affect order for which a shipping confirmation has been sent.

    Once the user has finished shopping, all chosen products will be inserted in his/hers shopping cart and the next step will be the checkout and payment process. For this you should:

    • Press the VIEW CART button at the top of the page.
    • Press the CHECKOUT button.
    • Fill in or confirm all personal data, including contact information, shipping and billing addresses, shipping method and payment information.
    • Press the CONFIRM ORDER button.
    • Pay for the ordered items.

    Payments for products can be made by credit card, debit card, ATM references or PayPal account. The Vendor uses PayPal Business Services and order payment gateway companies to process all its payments.

    By paying for the order, the user confirms that he/she is the Card or PayPal account holder. The authorized amount will charged immediately.

    Credit Cards are subject to a validation verification and authorization by the emitting entities, and if the Card emitting company does not authorize the payment, the Vendor will not be held accountable for any delay or missing delivery and may not agree to a Agreement with the user.

    1. VALUE ADDED TAX

    According to the norms and regulations, purchases made through this website are, where and when applicable, subject to Value Added Tax (VAT). The public sale prices, whether they are for individual clients or companies include, where applicable, Value AddedTax (VAT).

    1. RETURN POLICY

    General Return Conditions

    If the user intends to return a product he should do it, by handing it over to a transportation company and send it to the Vendor's address. The user should then contact the Vendor, through the contact form, informing of the return.

    The user shoulf return the product in the same package used for the first delivery. Whenever possible, the user should return the product along with its original boxes, instructions/documents and all other packaging materials. The Vendor will then proceed to the inspection of the returned goods. Any damaged product, that is not in the same condition as received or that has signs of use beyond the mere opening of the shipping box, will not be refundable.

    The user is responsible for all shipping costs, as well as all taxes and costs of the payment methods.

    Withdrawal related returns

    The user has 14 days after the date of product delivery to return them, without the need of justification (except in cases of customized or made to order products). 

    The user will be responsible for all transportation costs (shipping and pick up costs). The pick up costs are equal to the shipping costs. These costs will be deducted from the inicial payment, as well as all the taxes and payment method costs. The remaining balance will then be refunded.

    Faulty Product Returns

    If the user believe that the supplied product, at the time os delivery, is not in accordance to the Agreement , the Vendor must be contacted and informed of the product condition and all the faults. This contact is to be made via the contact from in our website.

    The Vendor will proceed to the inspection of the returned items and will inform the user of the right to the replacement ou refund (if applicable) of the products, by email, in a reasonable timeframe. In general, the Vendor will proceed to the refund of repalcement of the products as soon as possible and, in any case, in 30 days time, counting from the moment the user receives confirmation of eleigibility for replacement or refund of the faulty products. All fault related (if confirmed) returned products will be fully refunded, including shipping taxes. All refunds are processed via the same payment method used by the customer when the order was made. 

    Refunds

    Refunds will take place as soon as possible (in any case, in 30 days time, couting from the return confirmation notification). The refund of any amount will always be processed via the same payment method used by the customer when the order was made.

    These dispositions do not harm any law derived rights possessed by the user.

    This clause only applies to the final consumer, excluding distributors, retailers, representatives and similar...

    1. PRIVACY POLICY

    The Vendor respects your privacy. All and any information collected on the website will be maintained in a confidential fashion and will not be sold, supplied or reused by third parties without the user's permission. any information supplied will be treated carefully and used with the sole purpuse of executing the orders and improving user experience. - For more details: See Full Privacy Policy

    1. ACCOUNTABILITY AND EXCLUSIONS

    The Vendor in only accountable for the product prices displayed in this website.

    None of the dispositions of these Terms aim to exclude or limit the Vendor's accountability on any matters, in which the exclusion, limitation or attempt to exclude or limit the Vendor's accountability is illegal.

    Without prejudice of the above paragraph, the Vendor, with it's maximum law permitted amplitude and, except disposed otherwise in these Terms, rejects any accountability for losses or indirect damages, that occur by consequential effect of losses ou main damages, even if they are originated by the practice of illicit, contractual or extracontractual actions, including negligence, predictable or not, for example:

    • loss of business;
    • loss of income ou profit;
    • loss of results or contracts;
    • lost profits;
    • data loss;
    • management time and activity hours. 

    Due to the open nature of this website and the possibility of errors in the transmission and storage of digital information, the Vendor does not assure the precision and safety of the information transmitted or obtained through it, except when referred here otherwise.

    All product descriptions, informations and materials on this website are made available as is without any guarantees of conformity, be it express, implicit or decurrent by any reason.

    With the maximum extent permitted by law, the Vendor is not held accountable for anything, without it implicating the exclusion of responsability that cannot be legally removed of the consumers rights scope.

    None of the disposed in this clause harms the legal right of the user, in the role of comsumer, or afects one's right of free resolution of the contracts.

    1. INTELECTUAL PROPERTY

    The user recognizes and acepts that all copyright rights (registered brand) or that respect other commercial brands and other intelectual property rights, relative to any and all content and material that is part of this website, remains at all time under ownership of the Vendor or it's licensers. To the user is permitted the usage of the referred materials only in the limits authorized ny the Vendor or its licensers. This does not, however, forbid the user of using this website to obtain a copy of an order or the Agreement terms.

    1. WRITTEN COMMUNICATIONS

    The applicable law demands that some of the information or the communications that the Vendors sends to the users assumes written form. By using this website, the user acepts that the commmunication between both parties is manly by electronic means. The Vendor will contact the user by email or will provide information via the insertion of warning on this website. For contractual purposes the user acepts this electronic mean of communication and recognizes that any contracts, warnings, information or other communications that the Vendor may address by electronic means satisfy the legal demand that these contacts are done in a written way. This disposition does not harm any of the user's rights determined by law.

    1. COMMUNICATIONS

    All communications from the user to the Vendor should be made through electronic form. Without prejudice to the disposed on clause 16. the Vendor may communicate with the user by email or post to the address in the order.

    Any communication will be considered received at the moment it's inserted in the website, 24 hours later, after an email has been sent, or in the 3rd day after its sent by mail. To prove a comunication has been made, in case of a postal letter, there is just need to prove that it was addressed correctly, sealed and delivered to a post office. In case it was made by email, the only proof needed is the email inidicated by the user.

    1. TRANSMISSION OF RIGHTS AND OBLIGATIONS

    The Agreement between the Vendor and the user binds the parts and their respective successors and assignees.

    The user may not transfer, hand over or by any other means dispose of the Agreement , any rights or obligations resulting from it, without the express consent, given in writing.

    The Vendor may transfer, hand over its contractual position, subcontract ou by any other mean dispose of Agreement or any rights or obligations resulting from it, at any time of its valid time. Nonetheless, no transfer, assignement, act of contract disposal, may cause the limitation of the legal rights of the user, in the role of consumer, reduce or limit in any way, any warranty given by the Vendor to the user explicitly or implicitly.

    1. EVENTS OUT OF VENDOR CONTROL

    The Vendor will not be held accountable for failure, delay or any other obligation resulting from the Agreement that are due to an event out of its reasonable control ("Force Majeure")

    A Force Majeure event comprises any event, act or omission, out of the reasonable control of the Vendor and includes, in particular (but not exclusively), the following:

    • Strikes, lock-outs and other labour actions;
    • Civil uprisings, riots, invasion, terrorist atack ou threat of a terrorist attack, war (declared or not) ou threat of preparations of war;
    • Fira, explosion, storms, floods, earthquakes,sinking, epidemics or other natural diasaters;
    • Impossibility of usage of railways, sea transport, aerial transport, road transport or other public or private means of transport;
    • Impossibility of usage of public or private communication networks;
    • Laws, decrees, regulations or government restrictions;
    • Any strikes, interruptions or accidents that affect relevant postal or transport services.

    The fulfillment of the Vendor's obligations will be suspended by the time a Force Maujeure event lasts and will give way to an extension of the deadline equal to the suspension time. The Vendor will try its best to end a Force Majeure event, or to find a solution that allows the keeping of contractual obligations despite the existance of a Force Majeure Event.

    1. RENOUNCE

    If the Vendor, at any time of the Agreement duration, refrains from demanding the from requiring strict compliance with any obligation for the user resulting from the Agreement or the Terms, or exercise any right or power therein to end this non-compliance, this does not constitute a waiver of such rights and faculties, and will not relieve the user from compliying with its obligations. 

    The resignation of the Vendor to exercise any right or power, before a particular user's non-compliance does not mean a waiver of rights or powers in view of a subsequent default.

    The Vendor's waiver of any right arising from the Agreement or these Terms will be effective only if included in a written communication sent to the user in the manner prescribed in the clause Communications, where he expressly states that it renounces.

    1. REDUCTION

    The declaration of invalidity, illegality or inneficient, by a compentent authority, of any of the dispositions of these Terms of Service will not affect none of the other clauses, that will remain in full effect.

    1. ENTIRE AGREEMENT

    The present Terms and any other document referred in them constitute the entire agreement established between the parties relative to the formation of an Agreement and orevial over any previous deal, agreement or arrangement, whether it was made orally or in writing.

    Both parties acknowledge that, upon entering the Agreement, neither of them based their respective on a motivation statement, commitment or promise made by the other, or that could be considered implicit in something that had been said or written in negotiations between the parties in the time before the conclusion of the Agreement, unless the contrary is a product of these Terms.

    Neither party may rely on the fact that the other may have produced untrue statements, oral or in writing, prior to the conclusion of an Agreement (unless such statement was made fraudulently) and may only recourse to the breach of rules contract resulting from these Terms.

    1. CHANGE OF TERMS OF SERVICE BY THE VENDOR

    The Vendor has the right to change the present Terms of Service at any time.

    The user is subject to the principles and terms in force at the time of his/her order, except if the compentent authorities impose any alterations (if these changes are applicable to already made orders).

    1. APPLICABLE LAW

    The Agreements of purchase and sale of products celebrated through this site are regulated by the Portuguese Law. Any litigation resultant or related to these AgreementS is subject to the non-exclusive jurisdiction of Portuguese courts.

    The diposed in the present clause does not prevail over none of the legal rights of the user, in the role of consumer.

    1. COMMENTS

    The Vendor appreciates the comments and opinions of the users. These comments and opinions can be sent through the contact form.

    1. DOCTORGUMMY

    When the user signs up in one of DoctorGummy's online stores, that login and password will provide acces for all online stores of the brand.

    1. COMMERCE CONFLICT RESOLUTION

    According to the law 144/2015, in case of litigation, the competent forum will be the CIAB - Centro de Informação, Mediação e Arbitragem de Consumo, with the following contact information:

    Braga: Rua D. Afonso Henriques, N.º1 (Ed. da Junta de Freguesia da Sé) 4700-030 Braga Telefone: 253 617 604 - Fax: 253 617 605 E-mail: geral@ciab.pt www.ciab.pt

    Viana do Castelo: Av. Rocha Paris, nº 103 (Ed Villa Rosa) 4900-394 Viana do Castelo Tel: 258 809 335 - Fax: 258 809 389 E-mail: ciab.viana@cm-viana-castelo.pt www.ciab.pt

    More information in Consumer Portal.

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