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TERMS & CONDITIONS
1. Commercial Policy
1.1 The "seller" [PH]ACT Cosmetics hereinafter referred to as “[PH]ACT Cosmetics” has products for sale on the website www.phact-cosmetics.com (hereinafter referred to as “Portal”), with the services of “e-commerce” are available exclusively to end users / “CONSUMER”s.
1.2 The “CONSUMER” indicates the individual who acts / buys outside his business or profession.
1.3 [PH]ACT Cosmetics reserves the right not to process orders received from users who are not “CONSUMERS” or those that do not comply with the general conditions of sale of [PH]ACT Cosmetics.
1.4 These general terms and conditions of sale exclusively regulate the offer, transmission and acceptance of orders placed on www.phact-cosmetics.com between the CONSUMERS of the [PH]ACT Cosmetics online store (www.phact-cosmetics.com) and the seller.
1.5 The "CONSUMER" must provide [PH]ACT Cosmetics with an email address, or the data relating to another form of contact, which are correct and complete and accepts that [PH]ACT Cosmetics can contact him using this data.
2. Orders
2.1 To order on www.phact-cosmetics.com the CONSUMER must have an e-mail account and his browser must be configured to accept cookies and pop-ups, in order to allow him to enjoy all the browsability conditions of the [PH]ACT Cosmetics online store.
Placing an order on www.phact-cosmetics.com is easy:
- Find the products you want to purchase;
- Add the selected products to the Shopping Bag;
- Checkout;
- Select the payment option;
- Review your order;
- Proceed to payment and confirm the order;
- Receive an order confirmation by email.
Your order is submitted when you select the "Confirm Payment" (Checkout) button at the end of the purchase process, so you must confirm your details and your shopping basket, as we may not be able to amend your order after this step.
In the event that we are unable to accept your order, we will send you an email to the email address you used to place the order with an explanation of the problem that may have arisen.
If the order is successful, an order confirmation will be sent to your e-mail with details regarding it.
We reserve the right not to accept your order, or to cancel it even after automatic confirmation of your order.
By sending the order form you are accepting the general purchase conditions, as well as other conditions existing at www.phact-cosmetics.com, through links, including the general terms and conditions of use.
[PH]ACT Cosmetics may not process orders that do not have a sufficient guarantee of good collection; when orders are incomplete or incorrect, or the products ordered are no longer available. In the referred cases, we will inform you by e-mail that the sales contract was not concluded and that [PH]ACT Cosmetics did not proceed with the sale, specifying the reasons for this.
If an order has been placed and payment for products that are no longer available, [PH]ACT Cosmetics will refund the money paid for the unavailable items.
2.2 Right not to accept the order or cancel the purchase
[PH]ACT Cosmetics reserves the right to refuse any order for any reason. [PH]ACT Cosmetics further reserves the right to cancel any purchase (even if it has already been accepted), (among others) in the following situations, exempt from liability for any damages or costs:
- The product is no longer available / in stock;
- The billing information is not correct or verifiable;
- The order is signaled by our Security Systems as an incorrect order or an order susceptible to fraud;
- The transfer for payment of the order was not received by [PH]ACT Cosmetics within 5 days after acceptance of the order;
- If [PH]ACT Cosmetics considers that you are under 16 years old;
- If [PH]ACT Cosmetics considers that you are a reseller;
- It is not possible to deliver to the address provided.
2.3 Data verification
After receiving the order, [PH]ACT Cosmetics can perform some checks on it before we prepare it.
These checks can include address verification, credibility and fraud verification. Regarding fraud verification, [PH]ACT Cosmetics performs partially automated checks on all orders to filter out unusual, suspicious or identified transactions that are susceptible to fraud. Suspected fraud may be investigated and, if necessary, prosecuted. By confirming your order it means that you agree to these conditions.
3. Guarantees and Product Price Indication
3.1 Payment Methods
You can find the payment methods available in the FAQ's section of the website. We do not accept any payment method other than those mentioned. Please do not try to pay by any means other than specified. If you do so, [PH]ACT Cosmetics cannot be held responsible for loss of payment or any other damages that may result.
3.2 Payment processing
If you pay with a Credit / Debit Card we will deduct the amount due from your account as soon as your order leaves our warehouse. In the case of payment by Credit / Debit Card, all details (eg card number or expiration date) will be sent by the encrypted protocol to the company that provides the remote electronic payment services, without third parties being able to access the information transmitted. This information will not be used by [PH]ACT Cosmetics except to carry out the necessary procedures for the purchase or refund, in case of return, in accordance with the exercise of the right of return or for reporting, to the police, of cases of fraud. The purchase price of the products and the shipping costs, as indicated on the order form, will be charged to the current account when the purchased products are prepared for shipping.
4. Order security
4.1 Your payment information will be encrypted from the moment you enter, until your transaction is processed and will not be stored on a public server. Although we use encryption software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. [PH]ACT Cosmetics cannot be held responsible for any damage suffered as a result of the use of electronic means of communication including, but not limited to, recurring damage from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for virus communications or transmissions.
Payments can only be processed if the information to be used for billing can be verified.
5. Property reservation
[PH]ACT Cosmetics owns the company's products until it has received full payment for all of those products.
6. Prices
6.1 The prices of the products displayed on the website contain/include the Added Value (VAT). Shipping charges are applied per order. The exact price of the shipping fee may depend on the country where your order will be delivered. For additional information on shipping rates by country, see the FAQ's section of the website.
6.2 Prices are all quoted in euros. Please note that changing the country of delivery may have an influence on prices due to shipping costs.
6.3 Your total price
The total price specified in the final checkout menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future use. Please pay only the exact amount specified in the order confirmation and make individual payments per order.
6.4 Price changes
The prices of products presented on the website are subject to change. [PH]ACT Cosmetics reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.
6.5 Price errors
Please note that even though the website is updated with extreme care it is possible that the price information on the website contains errors. [PH]ACT Cosmetics does not commit to the displayed offer and reserves the right to cancel your order, in the event of such an error occurring.
7. Quality & Guarantee
[PH]ACT Cosmetics does not sell second-hand products, defective or of inferior quality to the standards of those existing on the market. The main characteristics of each product shown on www.phact-cosmetics.com can be found on each product page.
The products offered for sale at phact-cosmetics.com may not exactly match the actual product in terms of image and colours, due to the Internet browser and monitor used.
All cosmetics have a packaging. Do not open the packaging if you want to return the purchased product. Items must be returned with all original packaging and other accessories shipped with the order.
If you decide to exercise the right to return products purchased, [PH]ACT Cosmetics has the right not to accept the return of products that are returned without original shipping box or that have been altered from their original state or damaged – including packaging.
8. Shipping & Delivery
8.1 Delivery: where and when
[PH]ACT Cosmetics sends products from Monday to Friday. Does not ship on certain holidays. You can only deliver an order if the delivery address is a home or office located in one of the countries mentioned in the list of countries available in the Delivery menu (FAQs).
To receive the order it is necessary to ensure that someone is at the address. This service does not include scheduling or appointment options, so the delivery of the order will be made without prior contact by the carrier. We do not guarantee deadlines in the periods of promotions, sales, Christmas and stock out.
8.2 Delivery Times
[PH]ACT Cosmetics will not be responsible for non-compliance, or delays in the fulfillment, of any obligation that is due to an event of force majeure, that is, an event, act or omission, beyond its reasonable control (Event of Force Majeure - which includes any event, act or omission outside the reasonable control of [PH]ACT Cosmetics).
[PH]ACT Cosmetics is committed to trying to deliver on time, to the extent that it is commercially reasonable.
8.3 Partial Deliveries
Whenever possible [PH]ACT Cosmetics will try to deliver everything in just one shipment. However, [PH]ACT Cosmetics reserves the right to split delivery of the order, for example (but not limited to) if part of the order is late or unavailable. In the event that [PH]ACT Cosmetics will proceed with the division of the order, the customer may be notified, by email, of the intention to proceed in this way. For this purpose, the email address provided by the customer at the time of purchase will be used.
8.4 Inspection upon delivery
Upon delivery, the CONSUMER must inspect the packaging in order to ascertain any damage. If the consumer finds that the products are damaged, the CONSUMER must not accept delivery of the order, which will be returned.
Any claim for non-receipt of an order must be made within a maximum period of 14 days from the date of placing the order. [PH]ACT Cosmetics cannot be held responsible for its loss.
9. Shipping Fees
9.1 Shipping charges are applied per order. The exact price of each shipment may depend on the country of delivery. For more details on the shipping price by country, please refer to the FAQs / Help section of the website.
10. Returns & Cancellations
10.1 Cancellation of the order before shipping
The customer can cancel the order, as long as it has not yet been shipped.
10.2 Return of products due to withdrawal
If for any reason you are not satisfied with the products you have ordered, you can return them within 14 calendar days of receipt, provided that:
- The products still have all original packaging and other accessories shipped with the order.
- The product maintains its original characteristics and the packaging is not damaged;
- The product is complete;
- Orders placed separately cannot be returned as one.
When making the return, the shipping costs will be borne by the CONSUMER.
[PH]ACT Cosmetics reserves the right not to accept the return of orders if it determines that the products are not in the same state of preservation as when they were shipped.
10.3 Return of offers
Currently, it is not possible for a person who received a product as an offer from another person to return it. In this case, to proceed with the return you must contact the person who bought it, in the sense that he proceeds to return it.
10.4 Exchange of products
[PH]ACT Cosmetics does not carry out exchanges and cannot be held responsible for any loss or damage caused by not exchanging products.
10.5 Return information
If your return is justified by the existence of a defect or non-compliance with the ordered products, [PH]ACT Cosmetics will bear the costs of shipping and return. If your return was made for reasons other than the justified existence of a defect, [PH]ACT Cosmetics will not refund the shipping costs. However, when making a return you will be using our transport provider. As the costs incurred by [PH]ACT Cosmetics to make the return are equal to the shipping costs, [PH]ACT Cosmetics will not reimburse the expenses related to the shipping costs initially borne by the CONSUMER for the respective order.
Refunds will be made based on the payment method for the amount actually paid. The CONSUMER will receive a refund after the product (s) have been returned and processed.
For additional information on the return process, see the FAQ's section of the website.
11. Client support
For additional information, you can contact A [PH]ACT Cosmetics via email to hello@phact-cosmetics.com.
You can also get information in the FAQ's menu on the website.
12. Conditions applicable to Promotional Codes (discounts)
12.1 When used in accordance with the defined rules, a promotion code enables the CONSUMER to enjoy a promotion / discount when purchasing a specific product or for a set of products, during the period indicated / associated with the promotional code / promotional campaign.
12.2 Promotional codes can be used for online purchases made on the website of the country where the code was issued. The sale, exchange or donation of a promotional code is not permitted. The CONSUMER with the promotional code cannot upload or make available a promotional code on any website or other public form of offer, donation, sale or exchange. The use of promotional codes for commercial purposes is not permitted.
12.3 The promotion code is connected with the brand [PH]ACT Cosmetics. The use of the promotional code in connection with another brand, company or name is not permitted. It is also not allowed to use the promotional code in an illegal, abusive or disrespectful way, as well as in any other way that could damage the reputation of [PH]ACT Cosmetics.
12.4 The use of the promotional code is subject to only one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.
12.5 Promotional codes are not exchangeable / exchangeable for cash.
12.6 [PH]ACT Cosmetics is under no obligation to reissue or refund promotional codes.
12.7 Without prejudice to any other rights [PH]ACT Cosmetics has the right to immediately invalidate the promotional code if [PH]ACT Cosmetics has reason to suspect that a promotional code is being used: in violation of the aforementioned assumptions, by misuse or in other cases where [PH]ACT Cosmetics has reason to do so.
13. Availability
The satisfaction of all orders placed on the website is subject to availability. [PH]ACT Cosmetics tries to ensure that all items offered for sale on the website are in stock. However, [PH]ACT Cosmetics reserves the right not to accept any orders or to cancel orders already confirmed for products that no longer have stock. In these cases, [PH]ACT Cosmetics may inform the CONSUMER of this fact and proceed with the refund of the amount paid.
14. Promotion validity
The offers on the website are valid only for the time they are displayed on the website, unless otherwise stated on the website. [PH]ACT Cosmetics is not linked to any offer, if there are errors or mistakes in spelling, prices or others in the information on the website. [PH]ACT Cosmetics reserves the right to cancel any purchase and sale entered into under such errors.
15. Responsibility
15.1 [PH]ACT Cosmetics will only be liable for damages suffered by the customer in the event that such damages result from violations attributable to [PH]ACT Cosmetics's contractual obligations towards the CONSUMER, or in the event that [PH]ACT Cosmetics's liability results from the applicable legal law.
15.2 If the customer has suffered damage related to the activity of the website, [PH]ACT Cosmetics's liability will be limited to:
- Damage to [PH]ACT Cosmetics products or other materials;
- Reasonable and verifiable costs incurred by the customer to find the cause and the amount of damages attributable to the damage;
- The maximum refund of the aforementioned indemnity will be (if applicable) the price of the products in question.
15.3 [PH]ACT Cosmetics cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. [PH]ACT Cosmetics cannot be held responsible for the damages suffered by the CONSUMER as a result of using our products.
15.4 [PH]ACT Cosmetics is not responsible for damages resulting from incorrect information on the website.
16. Applicable law
The present general conditions and all emerging disputes that are related to these general conditions, including their validity, the use of the website or any purchase on it must be governed by Portuguese law.
17. Change of Terms & Conditions by [PH]ACT Cosmetics
[PH]ACT Cosmetics has the right to change these Terms & Conditions at any time without notice. The CONSUMER is subject to the principles and terms in force at the time of ordering.
18. Information on the website
Although [PH]ACT Cosmetics works with care on its website, information, text, graphic documents, films, music and / or other services may contain errors or be incomplete or incorrect. [PH]ACT Cosmetics cannot be held responsible for any damages resulting from the use (or inability to use) the website, including damage caused by viruses or any inaccuracy or imperfection of the information.
19. Trademarks and copyright of the website
All brand names, product names and titles used on the website are either registered trademarks or registered names of [PH]ACT Cosmetics or registered trademarks and registered names of other holders. The CONSUMER of the site is not authorized to use or reproduce any of these trademarks or registered names as this constitutes a violation of the rights of the owners.
Everything regarding the design, texts, documents, films, music and / or other services of the website, the selection and organization of the same, as well as the entire compilation of software and all other materials on the website are the property of [PH]ACT Cosmetics and its suppliers. CONSUMERS are only authorized to electronically copy and print portions of the website if necessary to place an order on it or to use the website as a source for purchase. The CONSUMER is not authorized to make any other use of the website or the information and materials contained therein, including reproduction for purposes other than those mentioned above, modification, distribution or republication. If the CONSUMER wishes to use information or materials from the website, he needs to obtain a prior written authorization and granted by [PH]ACT Cosmetics.
20. Intellectual property
[PH]ACT Cosmetics owns all intellectual property rights on the website and the material published on it. These materials are protected by copyright laws valid worldwide.
Permission is granted to temporarily download a copy of the materials (information or software) from the [PH]ACT Cosmetics website, only for personal, non-commercial transitory viewing. This is the granting of a license, not a transfer of title and, under this license, you cannot: modify or copy the materials, use them for any commercial purpose or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the [PH]ACT Cosmetics website; remove any copyright or other proprietary notations from the materials; or transfer the materials to someone else or "mirror" the materials on any other server. This license will automatically terminate if you violate any of these restrictions and can be terminated by [PH]ACT Cosmetics at any time. When you finish viewing the referred materials or after the end of this license, you must destroy all the materials you have downloaded in your possession, whether in electronic or printed format.
21. Online dispute resolution
The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping CONSUMERS and merchants resolve their disputes outside the courts.
https://webgate.ec.europa.eu/odr/main
Lisbon Consumer Conflict Arbitration Center
http://www.centroarbitragemlisboa.pt/
Vale do Ave Consumer Conflict Arbitration Center / Arbitral Tribunal
CIAB - Consumer Information, Mediation and Arbitration Center (Consumer Arbitral Tribunal)
CNIACC - National Center for Consumer Conflict Information and Arbitration
http://www.arbitragemdeconsumo.org/
Consumer Disputes Arbitration Center of the District of Coimbra
http://www.centrodearbitragemdecoimbra.com
Algarve Consumer Conflict Information, Mediation and Arbitration Center
Porto Consumer and Arbitration Information Center
European Online Dispute Resolution Platform
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage