Terms and Conditions
This website (www.guajibaconcept.com) is operated by Guajiba Concetp Store, Lda., a Portuguese company, registered at the Commercial Registry Office of Porto under Portuguese TIN 516586483, with registered office at Rua Eugénio De Castro 370 Ap. 10.1, 4100-225 Porto, Portugal.
In our website, the usage of the words “we” and “ours” refers to Guajiba.
This document governs the terms and conditions of the use of this website and the agreement between Guajiba (the Trader) and the User. These terms and conditions contain the rights and obligations of all Users and of Guajiba regarding the goods/services offered on this website or on any other website to which there is a hyperlink. These terms and conditions may be altered, for which you are advised to read them before placing any order. If you do not agree with these terms and conditions in full, you shall abstain from placing any order
All orders must be placed following our online purchase process. However, that does not mean the order was accepted. The order serves as a purchase proposal for one or more of our products. All orders are subject to our acceptance, which must always be confirmed by email communicating the order reception (Order Confirmation) followed by another email communicating the product(s) shipment. If the order is not accepted after any user account has been debited, the respective amount shall be returned in full.
The purchase and sale agreement between the Trader and the user (Contract) is only finalized with the Shipping Confirmation communication. The Contract only covers the products mentioned in the Shipping Confirmation. The Trader is under no obligation to supply any other products that may be contained in the order until the shipping is covered in another Shipping Confirmation.
Guajiba is not liable towards the user or any third party for the removal of any product shown on this website, for the alteration or elimination of any materials or content on this website or for any refusal to conclude the processing or acceptance of any order that has had the Order Confirmation sent.
Right of Termination
Any User who contracts as a consumer can freely terminate the Contract within 10 days as of the date of product delivery. In this case, the User shall be fully refunded for the amount paid, in accordance with the provisions set in Return Conditions (See Returns and Exchanges).
Prices and payment
The prices shown on this website include VAT (when applicable), but do not include delivery costs, which are added to the final price. Except in the case of an obvious mistake, the price of the products is as shown at any time on our website. If we find the price of a product in an order is wrong, we will inform the user as soon as possible, giving the possibility to either reconfirm the order at the correct price, or cancel it. If the user cannot be contacted, the order is considered to have been cancelled and the user is refunded the total amount of the order in case it has already been paid. Guajiba has no obligation to supply any product at an incorrect price, even if a Shipping Confirmation has already been sent, if the mistake was obvious, unequivocal and should have been noticed by the user under reasonable circumstances. Guajiba reserves the right to refuse orders of a large size or amount. All prices and available quantities can be altered at any time but, except as mentioned above, this alteration does not affect orders for which a Shipping Confirmation has already been.
The user can use any of the available forms in the website to pay the amount of its order: (to be slected during the order completion process): Credit or debit card, Multibanco Reference, MBWay and Paypal.
All operations involving the transmission of personal or banking data are made using a secure environment, a server based on the standard security technology SSL (Secure sockets Layer), and all information shared is encrypted. When you pay with Visa or MasterCard you will always be asked for the following information: card number, validity date, 3-digit security code (on the back of the card) and the name associated with the card. The order is processed and shipped after the details have been sent to the bank and validated. The Card Verification Value (CVV), Card Verification Code (CVC) or Card Identification Code (CID) is a 3-digit number in the VISA®, Mastercard® and Discover®. In the case of American Express cards is a 4 digit number. The use of these numbers allows the online store to assure an increased level of security in your transaction. The details of your order and your card are sent encrypted to the bank on the order date using the highest security standard stipulated by the PCI (Payment Card Industry) the job of which is to protect the details of cardholders on web applications. When the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the holder may require the immediate annulment of the charge. However, if the purchase was actually made by the cardholder and the requirement for repayment was not a consequence of exercising the right of withdrawal or resolution and therefore improperly demanded the annulment of the corresponding charge, the person will be obliged against Guajibao to compensate for damages caused as a result of such annulment.
To pay using PayPal you must have or create a PayPal account. If you choose this method, you are directed to the PayPal page where you can login or create an account to confirm the payment. By confirming the payment, your order is registered and ready to be processed and shipped.
From the moment of delivery onwards, all risks related to the products acquired shall be incurred by the user. Ownership of the products will only be transmitted to the user when Guajiba receives full payment of the amounts owed for supplying the product, including delivery costs or after the delivery, depending on which happens last. Our liability regarding any product acquired through this website is exclusively limited to the respective acquisition price. Additionally, the user is solely responsible for any liabilities, customs fees and procedures, or limitations to the purchase of specific goods arising from the user’s country of residence legal frameworks and codes of conduct.
To confirm our delivery costs and policy visit the Delivery section of this webpage.
Warranties and Returns/Exchanges
To confirm our warranties and returns/exchanges policies visit the Delivery section of this webpage.
These Terms and Conditions and any document here mentioned constitute the integral agreement established between the parties regarding the creation of a Contract and prevail over any written or oral previous agreement or understanding. Both parties recognize that by entering into the Contract, neither of them based the respective decision on a declaration, commitment or promise made by the other one, or that could be considered implicit in something that had been said or written in negotiations between the parties prior to entering into the Contract, except when the contrary results from these Terms and Conditions. Neither party can avail themselves of the fact that the other issued an untrue oral or written statement prior to entering into a Contract (unless that statement was made fraudulently) and can only draw upon the breach of contract that results from these Terms and Conditions.
The purchase and sale Contracts of products through this website are governed by Portuguese law. Any litigation arising or related to these Contracts is subject to the non-exclusive jurisdiction of Portuguese courts. The provision on this clause does not prevail over any of the User’s legal rights as consumer.