Terms & conditions
The General Conditions are intended, with the elements of the order form, and the other elements of the order in the general conditions, to regulate the terms and conditions under which the Online Service will be provided by Prettywhite lda, based at Rua Nossa Senhora da Guadalupe 113, 4740-473, Braga, under the unique registration and identification number of legal person nº 516070304, with a share capital of € 5000, hereinafter referred to as “Benko”.
The Service consists of providing, through the address benko.pt, access to the Online Store which, in addition to providing information on a set of products and/or services, allows the User, electronically, to order the products disclosed, under the terms and conditions of use. conditions described here.
The ordering of products must be made for users aged 18 (eighteen) years or younger (individuals under the age of consent made by their representatives). The elements and functions valid by the employee will enjoy, recognizing the user as electronic purchases, not being able to sign this signature for non-compliance with the obligations assumed.
Product Information and Contents
Benko will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 9).
Benko will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult to control by Benko, such as human errors or incidents in computer systems, it is not possible to provide any of the products requested by the User. . If any product is not available after placing the order, you will be notified by email or by phone. At that moment, you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by Benko.
Responsibilities
All products and services sold on the Benko Online Store are in accordance with Portuguese Law.
The Store has adequate levels of security, however Benko will 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, by the computer system, by the modems, by the connection software or any computer viruses or resulting from the download (“download”) through the infected file service or containing viruses or other properties that may affect the User’s equipment. If, for any reason, there is an error in accessing the website, it is impossible to provide the service, Benko will not be responsible for any damages.
The data and information queries carried out within the scope of this Service are presumed to be carried out by the User, and Benko declines any responsibility arising from the abusive or fraudulent use of the information obtained.
Benko will not be liable for any loss or damage caused by abusive use of the Service that is not directly attributable to it as willful or gross negligence.
Benko is not 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 as willful or gross negligence, not being responsible for
- errors, omissions or other inaccuracies relating to information made available through the Service;
- damages caused by the fault of the User or third parties, including violations of intellectual property,
- non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or
- non-compliance or defective compliance resulting from of the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, external to Benko and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable that prevent or impair the fulfillment of the obligations assumed.
Benko does not guarantee that:
- the Service is provided uninterruptedly, is secure, error-free, or runs infinitely;
- the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to the same;
- any material obtained in any way through the use of the Service is used at the User’s own risk, who are solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.
- no 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.
The User accepts that Benko cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if previously advised by the User of the possibility of the occurrence of such damages), resulting from:
- the use or inability to use the Service;
- the difficulty of obtaining any substitute for goods/services;
- unauthorized access or modification of personal databases.
Consumer Obligations
The user undertakes to:
- Provide personal data and correct addresses;
- Do not use false identities;
- Respect the order limits imposed.
If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and Benko declines any responsibility. In the event that the consumer violates any of these obligations, Benko reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Benko to the same User; and, also, not allow the User’s future access to any or any services made available by Benko.
It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.
Privacy and Protection of Personal Data
Benko guarantees the confidentiality of all data provided by Users.
The personal data identified in the order form as being mandatory is essential for the provision of the Service by Benko. The omission or inaccuracy of the data provided by the User are their sole and entire responsibility and may give rise to the refusal to provide the Service by Benko.
The User’s personal data will be processed and stored by computer and are intended to be used by Benko within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND AGREEMENT WITH THE COMPANY’S PURPOSE IN CONCRETE
Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes set out in previous number, and for this purpose, contact the entity responsible for the processing of personal data: PrettyWhite, lda.
The Internet is an open network, so the User’s personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties to effect, and Benko cannot be held responsible for such access and/or use.
Orders Rescission
At the User’s request
The User may cancel his order by requesting it to Benko through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After its processing, Benko will attempt to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must provide the following data to Benko:
a) Order number
b) NIF with which you placed the order and delivery address
By decision of Benko
Benko reserves the right not to process orders when it finds any inconsistency in the personal data presented or when it observes misconduct on the part of the buyer. Benko reserves the right not to process any order or refund, in the event of errors in the values and/or characteristics of the products, when these arise from technical problems or errors beyond Benko’s control.
Returns
The User, in the case of being a consumer, may exercise the right of withdrawal without requiring any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.
To exercise this right, the User may use the draft indicated below, indicating all his identification data, the subscribed service he intends to resolve and the subscription date. The communication must be made, by letter, through the return of the purchased good, or by other suitable means and susceptible of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to Benko 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 [insert name, geographical address and, where appropriate, the professional’s fax number and e-mail address]:
– I hereby communicate/communicate (*) that I resolve/dissolve (*) of my/our (*) purchase and sale agreement relating to the following good/for the provision of the following service (*) — Requested on (*)/received in (*) –
Name of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only if this form is notified on paper). (*) Delete what does not matter.
The packaging must be returned complete, as it was delivered and accompanied by all the documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and documents indicated must be sent free of charge to the following address:
PrettyWhite, lda
Rua Miguel Ângelo nº131, RC D, 4755-054, Barcelinhos, Barcelos
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
All products sent by PrettyWhite, Lda must be checked upon delivery. If any imperfection or damage is detected in the product, the customer must return it to the transport company, duly justify the reason for the return on the delivery note and immediately notify PrettyWhite Lda.
PrettyWhite Lda will not accept the return of the product after it has been used, or if it has been altered or modified.
In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the original shipping address.
Intellectual property
The Store is a registered site and the Service provided by the site itself is the responsibility of Benko.
The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
The User acknowledges that any content appearing in advertising, featured, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, so any use of these contents may only occur under the express authorization of the respective owners.
The User undertakes to fully respect the rights referred to in the previous number, namely refraining from performing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making these contents available to the public or any other unauthorized acts that have the same contents as their object.
Service Security Conditions
The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation. applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, otherwise Benko will suspend or deactivate the Service under the terms set out in point 14.
The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible of use by several users, and as such, subject to computer overloads, so Benko does not guarantee the provision of the Service without interruptions, loss of information or delays. .
PrettyWhite, Lda also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to Benko and which it cannot control).
In case of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Benko undertakes to regularize its operation as soon as possible.
Suspension and deactivation of the Store Service
Regardless of any prior or subsequent communication, Benko may, at any time, and in its sole discretion, discontinue providing the Service and or part of the Service to one or all Users.
Benko also reserves the right to suspend or immediately terminate access to the Service, in the following cases:
- When the User does not observe the conditions of use mentioned in point 4 and others mentioned in the General Conditions;
- When Benko ceases access to the Store, upon prior notice 15 days in advance of the date of termination.
The suspension or termination of the Service by Benko, under the terms of the previous numbers, does not matter the right of the User or third parties to any compensation or other compensation, and Benko cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
10.4. In the situations described above, Benko will notify the User in advance so that he can, if he wishes, safeguard the content of his order viewing area within 3 (three) business days from the sending of the e-mail or availability. information on the Service’s main page.
Comunications & Reclamations
Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or telephone contact. .
The User agrees to receive any and all communication and/or notification related to the Online Store, to the address, contact telephone number and/or email address (“email”) indicated in the ordering process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the option “Do not receive the Newsletter” registered in each Newsletter.
The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Benko of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in Benko’s information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
