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General Terms and Conditions of Sale

1. Supplier's identification



EXEMPLO EXULTANTE LDA., with headquarters at Rua Marvila, n.º 36, 1950-200 Lisboa, registered at the Conservatória do Registo Comercial de Lisboa with the single registration and VAT number 516535870, and with a share capital of €50,000 ("LivGood") is the entity responsible for the management and control of the website www.livgood.pt ("Website").



For any clarification related to the Website or to these General Terms and Conditions of Sale ("Conditions") you may contact LivGood, through the following means:



- E-mail: info@livgood.pt

- Mail: Rua Marvila 36 1950-200 Lisbon Portugal

- Telephone: +351 217 651 508



2. Purpose and Scope

These Conditions set out the terms and conditions applicable to contracts for the purchase and sale of goods concluded at a distance between LivGood and its customers, through the Website.

Please read carefully, save and/or print these Conditions before placing your order.

LivGood reserves the right to change these Conditions without prior notice, all changes being published on the Website. Changes to these Conditions will only apply to orders placed after their date of publication on the Website.



3. Products


The Products offered by LivGood for sale through the Site are subject to availability of stock.

LivGood makes its best efforts to present as accurately as possible the colors and images of the Products. LivGood does not warrant that the display of the Products on the Consumer's monitor and computer will be completely accurate.



To the fullest extent permitted by applicable law, LivGood reserves the right to:

- Limit sales of the Products to any person, geographic region or jurisdiction;

- Limit the quantities of any Products;

- Change the descriptions and prices of the Products without notice;

- Discontinue or suspend the marketing of any Product without notice;

- Refuse any order submitted;

- Limit or cancel quantities of Products purchased per person, per household or per order. These restrictions may include orders placed using the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event of order limitation or cancellation, LivGood will attempt to contact you via the email or phone number provided at the time the order was placed;

- Limit or refuse orders that, in LivGood's sole discretion, appear to have been placed by dealers, resellers or distributors.



4. Placing orders

To place orders through the Website, customers must enter in the virtual shopping cart all the Products that you wish to purchase. Customers should follow all steps of the purchase to complete it successfully.

The prices of the Products will be valid only for the day they are announced and for all orders placed on that date, even if received at a later time, and subject to stock availability. All promotional campaigns have specific conditions and limited stock.

Total order prices include VAT and applicable shipping costs.



The finalization of the order implies that customers have taken note and expressly accept these conditions. The data recorded by LivGood constitutes proof of all transactions carried out between LivGood and customers.

By accepting these Conditions, customers confirm that they are at least 18 years old.

As soon as they finalize their orders, customers will receive an automatic email confirming the order.



For the purposes of placing orders through the Website, LivGood accepts the following payment methods:

- VISA;

- MASTERCARD;

- AMERICAN EXPRESS;

- MBWAY



5. Shipment of orders

Orders will be delivered to the place and date indicated in the respective confirmation, unless the delivery is not possible for reasons attributable to third parties or the customer and for reasons of force majeure.

Customers must indicate to the carrier, upon receipt of the Products, any damage found in the packaging of the Products and must notify LivGood of such occurrence within five (5) days from receipt.



6. Rights of the Consumer

Having purchased a Product on the Website, customers have a period of 14 (fourteen) days to return it, from the receipt of the order, under the right of free resolution, provided for in Decree-Law No. 24/2014 of 14 February.

Customers shall bear the costs of returning the Products in case of exercise of the right of free withdrawal and the amount of those costs if the Products, by their nature, cannot normally be returned by regular mail.

Excluded from the right of free withdrawal are, in particular:

- Supply of goods made to consumer specifications or manifestly personalized;

- The supply of goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly;

- The supply of goods sealed and not returnable for reasons of health protection or hygiene when opened after delivery; and

- The supply of goods which, after delivery and by their nature, become inseparably mixed with other articles.

To exercise your rights of free withdrawal (if applicable), you may do so by completing Annex I to these Conditions and subsequently sending it to the following e-mail address info@livgood.pt

The warranty period for the Products is 2 (two) years from receipt, unless incompatible with the very nature of those.



7. Returns, refunds and exchanges

If you are not satisfied with any Product that is not damaged or defective, please let us know by chat or email within five (5) days of receiving your order.

Please note that certain Products are not eligible for return/exchange, including:

- Perishable items;

- Gift cards;

- End-sale products.

To complete your return, LivGood will request a receipt or proof of purchase.

If you have any questions about the eligibility of your return, please contact us by email (info@livgood.pt) or by calling 217 651 508 or 960 083 330.


Refunds (if applicable)

Once the return is received and inspected, we will send you an email to notify you that we have received the returned Product. We will also inform you about the approval or rejection of your refund.

If your claim is accepted, your refund will be processed and a credit will automatically be applied to your credit card or original payment method.

If you still have not received your refund by the deadline indicated in the e-mail mentioned above, please check your bank account again. Then contact your bank. It may take some time before the refund amount is actually credited. Then contact your bank. After following all these steps, contact us by phone 217 651 508, or send us an e-mail info@livgood.pt.



Exchanges (if applicable)

We will only exchange Products if they are defective or damaged due to a cause attributable to LivGood. If you need to exchange it for the same Product, please email us at info@livgood.pt or call 217 651 508.

If you have received a wrong Product, please keep your receipt as proof of purchase and email us or contact us via WhatsApp. Our team will contact you in order to make the exchange.



8. Obligations of customers and users of the Website

The clients and users of the Website undertake to comply with these General Conditions of Contract and Use, namely:

- To refrain from introducing, storing or disseminating through the Website content that is defamatory, obscene, injurious, xenophobic and/or of any other nature that violates the general principles of law and public order;

- To keep, and not disclose, your password for entering the Website in order to prevent third parties from accessing your account on the Website.

- Not to use false identities;

- To provide correct personal data and addresses so that LivGood can properly process orders.

Customers and users of the Website are expressly forbidden to transmit messages or information that is injurious, misleading, defamatory, obscene or that violates, in any way, the right to privacy or the intellectual or industrial property of third parties, as well as the provision of any information that may be harmful to third parties or to the owner of the Website.


LivGood reserves the right to delete the account of clients and users of the Website who fail to comply with any of the above obligations.

Customers and users of the Website are responsible for the veracity of the data communicated to LivGood and undertake to immediately insert in their registration accounts on the Website, any changes to the same.

LivGood declines any responsibility for any delay or impossibility of processing the order, including in the act of delivery, due to error or insufficiency of the data communicated by customers and users of the Website.

In the event that, at LivGood's request or otherwise, customers and users of the Website submit creative ideas, suggestions, proposals, plans or other materials ("Comments"), whether online, by e-mail, mail or otherwise, they agree that LivGood may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use, by any means, all of any Comments. In such event, LivGood shall have no obligation to (1) keep any Comments confidential; (2) pay any compensation to customers; and (3) respond to any Comments.



9. LivGood's Liability

All Products sold on the Website comply with applicable law.

LivGood will not be liable for losses arising from any interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation on the Website or the provision of services to customers and users.

LivGood will not be liable for situations of unforeseen circumstances or force majeure, resulting from unforeseen events or natural forces outside human action and not capable of being avoided, or situations that make it impossible to comply with the provision of services due to fact not attributable to LivGood, particularly in the event of natural disasters, terrorist attacks, war, epidemics, pandemics and others.



To the extent permitted by applicable law, LivGood, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, loss of profit, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages, contractual or tort (including negligence), resulting from the use of the Website or purchase of Products through the Website, or for any other claim in any way related to the use of the Website or purchase of Products through the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind suffered as a result of the use of the Website or any content posted, transmitted or otherwise made available through the Website.



10. Intellectual and industrial property

All texts, comments, works, illustrations, works and images reproduced or represented on the Website are duly protected by their respective copyrights. In this way and under the terms of the applicable legislation, their use will only be authorised for private purposes, without prejudice to more restrictive provisions contained in the aforementioned legislation. Any total or partial reproduction or representation of the Website or of all or part of the elements included in it is strictly forbidden, under penalty of resorting to the competent legal means against whoever acts in this way.

The corporate names, brands, as well as any distinctive signs reproduced on the Website are protected under the terms of the legal provisions applicable to industrial property. The reproduction or representation of all or part of these distinctive signs is strictly prohibited and must be subject to prior written authorization from the respective owners. Certain products such as computer programs (software) are subject to personal and specific usage rights that regulate their copying, public dissemination and rental. The customer must comply with the general conditions of sale of these products, and LivGood is not responsible for the misuse that is made of them. LivGood only uses protected rights of third parties after the authorization of its holder.



11. Data Protection and Privacy Policy

You can consult the Data Protection and Privacy Policy, through the following link: (https://livgood.pt/pages/data-protection).



12. Optional tools

LivGood may allow you access to third party tools, over which we have no control or input. Customers acknowledge and agree that LivGood allows access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. LivGood shall have no liability arising out of or in connection with the use of optional third party tools.

Any use by customers of optional tools offered via the Website shall be the sole responsibility of the customers, who must ensure that they are aware of the terms on which the tools are provided by the third party service providers. LivGood may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). These new features and/or services will also be subject to these Terms.


13. Third Party Links

Certain content and services available through the Website may include content from third parties.

Some of the links on the Website may direct you to third party websites that are not associated with LivGood, and LivGood is not responsible for reviewing or evaluating the content and its accuracy, nor responsible for any content or any other materials, products or services of third parties.

LivGood shall not be responsible for any damages or losses related to the purchase or use of goods, services, resources, content or any other transactions made and related to any third party websites. Please read the policies and practices of the third parties concerned carefully, and make sure you understand them before conducting any type of transaction. Complaints, claims, considerations or questions about third party products should be directed to the third party.



14. Errors, inaccuracies and omissions

Occasionally, information on the Website may contain typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or any related website is inaccurate, at any time and without notice (including after you have submitted your order).

LivGood will assume no obligation to update, change or clarify information on the Website or any related website, including, but not limited to, pricing information, except as required by Law.



15. Miscellaneous provisions

The failure of LivGood to require compliance with any of the terms, conditions and obligations of these Conditions shall not be construed as a waiver of any rights and shall not constitute a precedent amending any provision of these Conditions, nor shall it be deemed to waive the requirement to comply with the obligation in the future, and in any event the obligation to comply in the future shall continue.

Should any provision of these Conditions be declared null or otherwise invalid, ineffective or unenforceable by a court of competent jurisdiction, such nullity, invalidity, ineffectiveness or unenforceability shall not affect the validity of the remaining provisions of these Conditions.

These Conditions and any policies or operating rules posted on the Website constitute the entire agreement and understanding between LivGood and its customers and govern the use and purchases by customers, superseding any prior agreements, communications and proposals, whether oral or written, between such parties (including, without limitation, any prior versions of these Terms).



16. Governing Law

All purchases made on the Website are subject to Portuguese law. Any conflict or divergence of interpretation of these Terms shall be submitted to the competent Portuguese Court.



17. Alternative dispute resolution

In compliance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council on dispute resolution in consumer matters, LivGood informs you that its customers have access to the European Commission's European level platform for the out-of-court settlement of disputes between consumers and traders arising from contracts of sale or provision of services subscribed online, through the following address http://ec.europa.eu/consumers/odr/ access.

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