Terms of service
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- Purpose
- These Terms and Conditions (hereinafter referred to as “General Conditions”) shall govern the sale and purchase of Bettery products (hereinafter “Products”), marketed through the website betterylife.com(hereinafter referred to as “Store”) by BETTERY, S.A., with registered office at Rua Dr. Francisco Torres, 78, 4750-160 Barcelos, with the sole registration and legal person number 515 963 330 (hereinafter referred to as “BETTERY”).
- The Store provides information on a set of food products and supplements produced and marketed by BETTERY, enabling the consumer (hereinafter “User”) to purchase such products electronically.
- By starting the process of using the Store, the User expressly declares having read and freely accepted these General Conditions, without any reservation, which shall constitute the regime and total agreement for the sale and purchase of products through the Store, and they shall prevail, unless BETTERY expressly agrees otherwise in writing, over any other prior agreement or understanding, either written or oral.
- By accepting the General Conditions, the User declares to be over 18 years old and to have legal capacity to enter into contracts.
- Registration
- To purchase any of the products available on the Store, the User will have to register and create his/her User Account through the registration process available at the Store.
- Under the terms of the preceding paragraph, the User must provide the following data:
- Full name;
- E-mail;
- Password/access password;
- Address;
- Postcode; (opcional)
- Mobile phone; (opcional)
- Tax identification number. (opcional)
- The User shall be responsible for the truthfulness, accuracy and lawfulness of the data provided at the time of Registration, as well as for its updating.
- Although BETTERY makes every effort to keep the User’s information up-to-date and accurate, whenever there is any change to the personal data provided by the User, the User must contact BETTERY in writing, via the email indicated in Clause 10.3 below, in order to request the updating or rectification of his/her personal data.
- Each record can only correspond to a single email address, and it is not possible for the User to repeat them in another Registration at the Store.
- The User accepts that the access data to the User Account can only be used by the User, and the sharing of access data by several people is not permitted.
- The User is solely responsible for the security and proper use of his/her password, and must change it regularly, and BETTERY does not have any responsibility for the inappropriate use or loss of the password.
- The data contained in the customer record that are identified with an asterisk (*) must be mandatorily filled in to fulfil the established purpose. As such, if the User does not provide them, BETTERY will not be able to fulfil his/her request.
- Product and Content Information
- BETTERY shall make all efforts to ensure that the information shown in the Store is free from typographical errors, which, whenever they occur, shall be corrected by BETTERY as soon as possible.
- BETTERY shall endeavour its best efforts to keep the information contained in the Store up to date, but it does not make any warranty, express or implied, as to the accuracy or completeness of any information (including information about Products or services) included in the Store.
- At any time, BETTERY may change, delete or move any information in the Store, without prior notice, namely about, but not limited to, products, prices, promotions, offers, commercial conditions, promotional actions and services.
- All mandatory and necessary information on foodstuffs relating to products, including the list of ingredients, nutritional statement, allergens, inter alia, shall be provided by BETTERY, and BETTERY does not assume responsibility for any damage caused to the User or to third parties, arising from the lack of consultation of this information.
- The information provided by BETTERY in the Store does not exempt the consultation of the expiration date on the label of the Product purchased by the User, as well as the recommendations for its use and/or conservation.
- Responsibilities
- The Store has appropriate security levels, however BETTERY shall not be responsible for any damages suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connecting software or any computer viruses or resulting from the download of infected files or files containing viruses or other properties that may affect the User’s equipment.
- If, due to any error in accessing the Store, it is impossible to purchase any Product, BETTERY shall not be responsible for any damage caused to Users or third parties.
- BETTERY is not responsible for any losses or damages arising from the malfunction of the Store when this is not directly or indirectly attributable to it by way of intent or gross negligence, not being liable, in particular, for (i) any errors, omissions or other inaccuracies related to information made available through the Store; (ii) any damages caused by the User’s or third-party’s fault (iii) total or partial non-compliance, definitive or not, resulting from compliance with court decisions or orders issued by administrative authorities; or (iv) non-compliance or defective compliance resulting from the occurrence of force majeure events, that is, events of an extraordinary or unpredictable nature, beyond the will and control of BETTERY and which cannot be controlled by it, such as pandemics, fires, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural disasters or other events not controllable by BETTERY that prevent or hinder the fulfilment of the obligations assumed.
- Any material obtained in any way by using the Store shall be used at the User’s expense and risk, and the User shall be solely responsible for any damage caused to his/her computer system and equipment or for any loss of data resulting from this operation.
- BETTERY rejects responsibility for any delay or impossibility of processing the order, namely in the act of delivery, due to error or insufficiency of the data communicated by the User under the terms of the registration process indicated in Clause 2.
- Price of Products and Other Charges
- BETTERY shall endeavour its best efforts to ensure that all information regarding prices of Products or services indicated in the Store is correct and up to date at the time of its consultation, however, the User expressly acknowledges and accepts that such information may contain errors and that BETTERY only guarantees that the until sales price(s) of the Product(s) will always be those indicated in the purchase order generated immediately prior to the Order Confirmation by the User.
- The unit sales price(s) of the Product(s) include(s) VAT at the applicable legal rate (when applicable), but do not contain delivery costs, which shall be added to the total price payable by the User, after the Order Confirmation.
- Transport costs are presented in the purchase order generated immediately prior to the Order Confirmation by the User and before payment processing.
- The purchase order generated immediately prior to the Order Confirmation by the User for processing the payment must include: the total price of the Product, including fees and taxes, additional transportation charges, postal or delivery charges and/or any other charges applicable, as well as the respective calculation methods.
- Payment and Contract Formation
- After the Order Confirmation, for the purchase of the Product(s) to be completed, the User shall pay the price of the Product(s) ordered and the charges referred to in Clause 5 of these General Conditions, in accordance with the provisions of the following paragraphs of this Clause.
- For the purposes of the preceding paragraph, the User, in order to confirm and pay the order, must log into its User Account and select the products he/she wishes to purchase, available for sale in the Store, adding them to the “Shopping Cart” and follow the instructions on the page.
- The User may make the Payment through the following means:
- Credit or debit card;
- ATM reference;
- MBWAY;
- Paypal
- When paying by electronic payment card or bank transfer, the User declares to be the holder of the card or account in question.
- Payment with credit cards is subject to verification of validation and authorisation by the issuing entities, but if the card issuer does not authorise payment, BETTERY shall not be held responsible for any delay or non-delivery and reserves the right to terminate the agreement with the User.
- BETTERY shall not process or dispatch the product(s) ordered by the User until the User makes the respective payment.
- Once the order has been completed and payment has been made, the User shall receive an automatic email confirming the transaction. If the data is not correct, the User can immediately request it to be changed.
- Product Availability
- All orders for Products in the Store are subject to their availability in stock.
- Under the terms of the preceding paragraph, if the Products ordered are not available, BETTERY shall inform the User immediately after becoming aware of such unavailability.
- Deliveries and Respective Deadlines
- The delivery times for product(s) ordered after payment shall not exceed 3 business days for orders placed in Mainland Portugal and Spain and 5 business days for Madeira, Azores, Balearic Islands, Canary Islands, Ceuta and Melilla counted from the date and time of the Order Confirmation and payment by the User, except in force majeure events or duly justified situations.
- Without prejudice to the preceding paragraph, the deadlines mentioned for delivery of orders are merely indicative and may, if necessary, be extended during festive seasons or as a result of a volume of orders higher than normal.
- The Store makes available and markets the Products advertised therein for Mainland Portugal, Madeira and Azores and the entire Region of Spain, including the Balearics. Ceuta, Melilla and Canarias from Monday to Friday, at the address indicated by the User for this purpose.
- For the purposes of these General Conditions, a “delivery” is deemed to have been made or a product is deemed to have been “delivered” upon the signature of the delivery receipt at the agreed address or the collection of the Customer’s identification data by the distributor and signed by the latter.
- BETTERY refuses any liability for any delay or impossibility to process the order, namely in the act of delivery, resulting from an error or insufficiency of the data communicated by the User.
- Warranty
- All Products marketed by BETTERY include a warranty as to compliance until the expiration date, or until the end of the period recommended for consumption after opening, provided that the expiration date has not yet been exceeded, and provided that they are packaged in accordance with the instructions indicated on the Product packaging.
- The warranty as to compliance of the Products referred to in the preceding paragraph of this Clause corresponds to BETTERY’s guarantee that, if the conditions provided for in that paragraph occur, if the Product is not in compliance with the legal terms, or if it is not suitable for its normal consumption, the User shall be entitled to its replacement or, if expressly indicated, to be refunded of the price and charges related to the transport of the Product(s).
- In order to exercise the rights indicated here, the User must send a notice to BETTERY, by registered letter or via the e-mail indicated in Clause 10.3 below, stating the order number and describing the non-conformity. The costs of returning or collecting the Product(s) under warranty shall be borne by the BETTERY.
- Upon receipt of the returned Product(s) at BETTERY’s premises, the alleged non-conformity shall be verified by BETTERY and, if proven, BETTERY shall replace the Product(s) by sending a new product within a period never exceeding 15 days and without any additional cost or reimbursement thereof, unless the User has expressly requested a refund of the price and charges related to the transport of the Product(s) – which will be carried out in accordance with the provisions of the following paragraph.
- Under the terms of the preceding paragraph, the refund of payments must be made through the same payment method that has been used by the User in the original transaction, unless expressly agreed otherwise and provided that the User does not incur any costs as a result of the refund.
- Communications
- By making use of the Store and Service, the User accepts that communication with BETTERY is mainly electronic, without prejudice to any contact by telephone.
- For contractual purposes, the User accepts this means of electronic communication and acknowledges that any contracts, notices, information and other communication that BETTERY transmits to him/her electronically, to the email indicated at the time of registration satisfy the legal requirement that such communications be made in writing.
- All communications from the User to BETTERY must be sent via email to info@betterylife.com
- Any communication will be deemed received 24 working hours after the email is sent.
- Personal data protection
- BETTERY, as data controller, respects your privacy.
- Any personal data collected at the online Store shall be kept confidential and shall not be sold, disclosed or otherwise reused by third parties without your authorisation. Any personal data provided to us shall be processed in accordance with the relevant law, with best practices and ensuring all appropriate technical and organisational security measures to protect them.
- BETTERY may create user profiles, which will allow the adoption of automated decisions, based on personal characteristics, preferences, behaviour history and location. In such cases, the User will have the right to obtain human intervention in the decision, to express his/her point of view and to challenge the decision taken by BETTERY.
- The User, as personal data subject, may exercise the rights that the law grants him/her in terms of data protection – namely, the right of access, rectification, deletion, limitation, opposition and data portability –, by written communication to the following email address indicated in Clause 10.3 above, without prejudice to the right to file a complaint to the National Supervisory Authority – the National Data Protection Commission (Comissão Nacional de Proteção de Dados, cnpd.pt).
- For more information on how we process your personal data, please consult our Privacy Policy, without prejudice to the notices contained in the proper places.
- By consenting to this Privacy Policy, you are giving permission to process your personal data specifically for the identified and selected purposes. If consent is legally required for the processing of personal data, the data subject has the right to withdraw his/her consent at any time, although this right does not compromise the lawfulness of the processing carried out based on the consent previously given or the subsequent processing of such data, based on another legal basis, such as the fulfilment of the agreement or the legal obligation to which BETTERY is subject. To withdraw your consent, you can contact us by letter, telephone or email at info@betterylife.com or privacy@betterylife.com.
- Reduction
The declaration of invalidity, illegality or ineffectiveness, by a competent authority, of any of the provisions of these General Conditions shall not affect any of the remaining provisions, which will remain fully in force.
- Changes to the General Conditions
BETTERY reserves the right to change these General Conditions at any time, without prior notice, and any changes shall be published on the Store homepage.
- Law and Jurisdiction
- All contracts entered into under these General Conditions are subject to Portuguese law.
- Without prejudice to the provisions of the preceding paragraph, the User may resort to one of the Alternative Consumption Dispute Resolution entities included in the following list:
- Centro de Arbitragem de Conflitos de Consumo de Lisboa (CACCL)
Rua dos Douradores, n.º 116, 2.º andar
1100-207 Lisboa
+351 218 807 030
centroarbitragemlisboa.pt - Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Fernão Magalhães, n.º 240, 1º
3000-172 COIMBRA
+351 239 821 690
www.centrodearbitragemdecoimbra.com - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (CNIACC)
Faculdade de Direito – Universidade Nova de Lisboa
Campus de Campolide
1099-032 Lisboa
+351 213 847 484
arbitragemdeconsumo.org - Centro de Informação de Consumo e Arbitragem do Porto (CICAP)
Rua Damião de Góis, n.º 31, Loja 6
4050-225 Porto
+351 225 508 349
cicap.pt - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (CIMAAL)
Edifício Ninho de Empresas
Estrada da Penha
8005-131 Faro
+351 289 823 135
consumidoronline.pt - Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra (CACCDC)
Fernão Magalhães, n.º 240, 1.º andar
3000-172 Coimbra
+351 239 821 690
www.centrodearbitragemdecoimbra.com - Centro de Arbitragem de Conflitos de Consumo da Madeira (CACCRAM)
Rua Direita, n.º 27, 1.º andar
9050-405 Funchal
+351 291 215 070
srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx - Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral (CACCVA)
Rua Capitão Alfredo Guimarães, n.º 1
4800-019 Guimarães
+351 253 422 410
triave.pt - Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo) (CIAB)
Rua D. Afonso Henriques, n.º 1 (Ed. Junta de Freguesia da Sé)
4700-030 Braga
+351 253 617 604
Rocha Paris, n.º 103 (Edifício Vila Rosa)
4900-394 Viana do Castelo
+351 258 809 335
www.ciab.pt - Centro de Arbitragem da Universidade Autónoma de Lisboa (CAUAL)
Rua de Santa Marta nº. 56 – 1º
1169-023 Lisboa
+351 213 177 603
http://arbitragem.autonoma.pt/home.asp
Consumers can also consult the Local Authorities that are already part of the CIAC Network (Municipal Consumer Information Centres / Centros de Informação Autárquicos ao Consumidor), created with the support of the Directorate-General of Consumers and providing information and free support to the citizen on all consumer issues. You can find them at https://www.consumidor.gov.pt/parceiros/sistema-de-defesa-do-consumidor/ciac/ciac-lista-e-mapa-de-localizacao.aspx
Regarding disputes arising from the supply of goods or provision of services through the BETTERY website, or any other electronic means, the consumer may also resort to the European Online Dispute Resolution Platform, available at https://webgate.ec.europa.eu/eproposalWeb/
Data taken from the list of Alternative Consumption Dispute Resolution entities contained on the website of the Directorate-General of Consumers in February 2021. You can consult the updated list at www.consumidor.pt.
- Purpose