1. Scope and Purpose of the General Conditions of the Store

1.1. These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the ESMÉR Online Store Service by Sandrina Rebelo Unipessoal, LDA, headquartered at Quinta dos Vais, Guarda, 6420471, under the unique registration and identification number of legal person nº 249792982, hereinafter referred to as ESMÉR.

1.2. The Service consists of providing, through the address www.ESMERLABEL.com, access to the Online Store which, in addition to providing information on a set of products, allows the User, electronically, to order the products disclosed therein, under the terms and conditions described here.

1.3. The order of products must be made by Users aged 18 (eighteen) years or over (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy the full legal effect, the User recognizes electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations
assumed.

2. Product Information and Contents

2.1. ESMÉR will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur.

2.2. ESMÉR 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 ESMÉR, 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.

2.3. All information about price, products, specifications, promotional actions and services may be
changed at any time by ESMÉR.

3. Responsibilities

3.1 All products sold on the ESMÉR Online Store are in accordance with Portuguese Law.

3.2 The Store has adequate levels of security, however, ESMÉR 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 ESMÉR Online Store website, it is impossible to provide the service, ESMÉR will not be responsible for any damages.

3.3 Data and information queries carried out within the scope of this Service are assumed to be carried out by the User, and ESMÉR declines any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 ESMÉR 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.

4. Consumer Obligations

4.1. The user undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the order limits imposed.

4.2. If any of the data is incorrect, that is, 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 ESMÉR declines any responsibility. If the consumer violates any of these obligations, ESMÉR reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by ESMÉR to the same User; and, also, not allow the User’s future access to any or any services made available by ESMÉR.

4.3. It is expressly forbidden to use the products purchased for commercial purposes, namely to resell goods.

5. Payment Methods

Paypal, Visa, Mastercard, Maestro, American Express, MB WAY, Multibanco, WeChat Pay, Samsung Pay, PayU

6. Shipping costs
MRW Portugal - €5.00 (1-3 working days)
CTT EXPRESS (International)
Spain – 7.50€ (1-3 working days)
Europe – 10€ (1-3 working days)
Rest of the world – 15€ (2-5 working days)

7. Delivery process

7.1. The shipment of the order will start after confirmation of the respective payment. The order will be shipped within a maximum period of 48 hours after receiving it.

7.2. Once the order has been shipped, the customer will be notified via email with the assigned shipping number and a link that will allow the order to be tracked on the carrier’s website.

7.3. The shipping information may take up to 24 hours, counted from the receipt of the shipment confirmation, to be updated on the carrier’s website without any liability being attributed to ESMÉR.

7.4. Delivery times are different depending on the delivery area of the order, with a maximum limit of five working days after the order is shipped. Orders are delivered from Monday to Friday, with the exception of local or national holidays, to the address specified by the customer for carrying them out.

7.5. The indication of an incorrect or incomplete delivery address may imply the return of the order to ESMÉR and generate additional costs for the customer.

7.6. If you have any questions about your shipment, you can always contact the carrier or contact us via info@esmer.com.

8. Cancellation of orders

8.1. At the User’s request:
The User may cancel his order by requesting it to ESMÉR through the telephone number or e-mail
referring to the order number, which will be accepted as long as it has not yet been processed.

8.2. For cancellation, the User must provide the following data to ESMÉR:

1. a) Order number

2. b) NIF with which you placed the order and delivery address

8.3. By decision of ESMÉR: ESMÉR reserves the right not to process orders when there is any inconsistency in the personal data presented or when there is misconduct on the part of the consumer. ESMÉR 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 ESMÉR’s control.

9. Right of Resolution

9.1. 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.

9.2. To exercise this right, the Consumer must communicate via email to info@esmer.com, where he will receive the information to proceed with the return of the good purchased by the same shipping method and subject to proof within the period defined above.

9.3. The consumer must, within 7 (seven) working days from the date of communication of the resolution, return the goods to ESMÉR in the proper conditions of use.

9.4. The packaging must be returned complete, as it was delivered and accompanied by the sales invoice. The package and the indicated document must be sent to the address provided later in response to the email.

9.5. Return costs will be the sole responsibility of the Consumer.

9.6. Upon receipt of the return at ESMÉR, the amount corresponding to the amount paid for the product(s) will be returned to the Consumer. If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount paid for the product(s).

9.7.. The method of refunding the amount to be returned depends on the payment method used in
the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. The refund is made up to 30 (thirty) days after receiving the return of the goods. Keep in mind that it may take some time for your bank or credit card company to process and send
the refund.

9.8. 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 value, and the product will be sent back to the original shipping address.

10. Manufacturing defect

10.1. In the event of a “manufacturing defect”, that is, when defects are detected that, in principle, do not fall within the scope of the respective warranty, the User must return the product(s), together with a copy of the invoice, within a maximum period of 14 (fourteen) consecutive days from the invoice date, to the address to be confirmed by email.

10.2. The respective shipping costs will be the responsibility of the Consumer.

10.3. For the product to be exchanged, you must ensure that the product(s) are in the same shipping conditions.

10.4. In the absence of any of the elements mentioned above, or if any of the product(s) is not in excellent condition, there will be no exchange, and the product will be sent back to the Consumer.

11. Warranty

11.1. All products available on the online store www.ESMERLABEL.com are duly certified by the competent authorities.

11.2. The products have a warranty period defined by ESMÉR, which in legal terms is 2 (two) years. This period is considered from the product invoice date and can only be exercised upon presentation of the duly completed proof of purchase (invoice).

11.3. Products that have exceeded the period defined by ESMÉR or have defects caused by improper use of the products are considered out of warranty conditions.

11.4. Products covered by the warranty, which are damaged, must be sent, with the respective proof of purchase, to an address later made available by email.

11.5. If the Consumer chooses to return, this must be done via CTT and the respective shipping costs will be their responsibility. The Consumer must always request the CTT Receipt that proves that the order has been sent.

12. Intellectual Property

12.1. The Online Store is a registered website and the Service provided by the website itself is the responsibility of ESMÉR.

12.2. The User acknowledges that the Service contains confidential information and is protected by
copyright and related rights, industrial property, and other applicable legislation.

13. Communications

13.1. 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.

13.2. The User agrees to receive any 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.

13.3. 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.

14. Complaints

14.1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as to complain to ESMÉR of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

14.2. 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 ESMÉR’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.

15. Applicable Law
The Agreement is governed by Portuguese law.

16. Contacts
If you have any questions about our terms and conditions, please contact us at info@esmerlabel.com, For more information about ESMÉR, see the “THE BRAND” section at www.ESMERLABEL.com

17. For complaints please refer to the following link: https://www.livroreclamacoes.pt/Inicio/