PRE-CONTRACTUAL INFORMATION / ONLINE ACCOUNT CONDITIONS

Chapter I – General Conditions of the Site www.incenso.pt

1 – Introduction

This document sets out the information relating to the online account and the contracts concluded at a distance on the website www.incenso.pt (hereinafter the Incenso Site, and all its subdomains, referred to in Decree-Law No. 24/2014 of 14 February in its current wording, both in the context of the purchase and sale of goods and services established without creating an account, and in the context of the Incenso account.

The Incenso Website is owned by MIGUEL APM ROCHA UNIPESSOAL, LDA, with registered office at Av. Marechal Francisco da Costa Gomes, 44 – 7º A – 1900-457 Lisboa, VAT No. 516193783, hereinafter referred to as Incenso.

Incenso provides a Customer Support service whereby the Customer may, at any time, contact Incenso to request clarification, make suggestions or lodge complaints, via the email address info@incenso.pt or via the Customer Support line 912000990, available from 8:00 a.m. to 8:00 p.m., every working day.

The purchase of any product on the Incenso Site and its subdomains and the creation of an account implies acceptance of this information and the Online Account Terms and Conditions.

Transactions will be associated with the Incenso Customer Program.

In the Incenso Site the Customer can also follow opportunities and hobbies and consult their purchase history.

2 – Conditions of Use of the Incenso Site

The User must have a minimum age of 16 (sixteen) years to create an online account and make purchases on the Incenso Site.

The User must use the Incense Site in compliance with the provisions of applicable law.

The Incense Site may have links to other websites, which may contain information/tools useful to its users. These Incenso Online Account Terms and Conditions shall not apply to third party websites. As such, if the User visits another website, redirected from the Incenso Site, he must take note and accept the terms and conditions and the privacy policy of the same.

3 – Amendment of the Incenso Website and these Terms and Conditions of the Incenso Online Account

Incenso reserves the right to modify at any time, without notice, the presentation and content of the Incenso Site, its services and the present Terms and Conditions of the Incenso Online Account, subject to the rights acquired as to the contracts already concluded and in execution. These changes will serve to improve the Incenso site and, simultaneously, the services offered to the User who, if he does not agree with the changes made, may cease using the Incenso site.

4 – Intellectual property

All content and information contained on the Incenso Website and its subdomains, are the property of Incenso or have been licensed to it and therefore the use, reproduction, copying and dissemination by other means of logos, text, images and videos, or intellectual property, contained therein is subject to prior authorisation from Incenso to this effect.

The Customer shall comply with the contractual and legal conditions applicable to the products sold on the Incenso Website, in particular about the use of intellectual rights, copyright and related rights, personal use rights governing copies, reproduction, rentals, etc. Incenso shall not be liable for any improper use that may be made of such Products.

5 – Product and Price Information

5.1 Product Information

Incenso considers information on the essential characteristics of products through technical descriptions shared by their suppliers or third parties, photographs and videos illustrating the products sold, in strict compliance with the best market standards, transmitting them clearly to their customers on the page of each product and / or service that provides.

5.2 Price Information

Incenso provides on its Website, in a clear manner, the total price of each good or service, including fees and taxes, additional transport charges, postal or delivery costs or any other charges that may be applicable.

Incenso shall not be held liable in the event of a computer, manual, technical or any other error causing a substantial and unforeseen change in the retail price shown on the Incenso Website, whereby in cases where this is exorbitant or manifestly derisory, the purchase order shall be deemed invalid and cancelled and the Customer shall be informed accordingly.

Prices and products available on the Incenso site, as well as promotional campaigns and offers, are only valid for purchases made through the Incenso site and may not coincide with those practiced in physical stores, unless promotions are expressly indicated on the online page.

6 – Creating an account on the site Incenso

To access all the benefits of the Incenso online account, as well as to place an order, it is necessary to access the Incenso Site and create an account as a user on that website by filling out the electronic form with your personal data, following the instructions indicated at each step.

After registration, the user may proceed to purchase your product(s) from Incenso,.

7 – Means of payment

For the convenience of the Customer, Incenso provides the following means of payment for products and / or services on the Incenso Site: Bank Transfer via IBAN

– Visa Card, MasterCard *We wait validation

– Multibanco;

– Paypal;

– MB Way;

– Discount coupons.

When buying with a Credit Card, the Incenso site has a feature that allows the customer to save the credit card data so that it is not necessary, on a next visit, to re-enter them. Under this functionality, Incenso uses the latest technologies to protect confidential information, not having access to the Customer’s credit card data, in compliance with applicable law. This data will be stored exclusively by the payment service provider and, if the Customer accepts it, it will generate a €1 (one euro) authorization that is withdrawn within 48h (forty-eight hours).

For more information on the payment methods available, please consult Customer Support.

Chapter II – Conditions of Purchase to Incenso on the Incenso Website

1 – Availability of Products

All products that are on the Site Incenso are available for order, unless out of stock. The products available on the site Incenso have a limited stock so they may become unavailable without notice.

In case of stock rupture occurring after payment of the order, Incenso will inform the Customer of this fact to reschedule the delivery as soon as the article is available or refund within a maximum of 14 (fourteen) days from the date of knowledge of that unavailability.

2 – Delivery Costs

Additional charges may be due for the transport of the product purchased on the Incenso site, which are added to the total price of the products selected. The Customer will be informed of these charges, where applicable, as well as the total price, before confirming his order and completing the purchase process. Incenso reserves the right to change the prices of these charges at any time, without prejudice to applying the contracted rates and prices at the time of placing the order.

Our delivery charges are as follows:

Local de Entrega

Tipo de artigo

Portugal Continental

Madeira/Açores

Porto Santo e Açores

Domicílio

Grandes electrodomésticos, esquentadores superiores a 14L, termoacumuladores superiores a 80L, bombas de calor, televisores e LCD iguais ou superiores a 40 polegadas

0-2Kg

2-5Kg

5-10Kg

10-20Kg

20-30Kg

3,95 €

4,95 €

6,30 €

8,10 €

10,70 €

0-2Kg

2-5Kg

5-10Kg

10-20Kg

20-35Kg

35-45Kg

8 €

9,50 €

12 €

19 €

25,50 €

30 €

Não disponível

Domicílio

Artigos de dimensão e peso reduzidos

2,90 €

8,90 €

8,90 €

Domicílio

Artigos de dimensão e peso moderado/elevado

5,90 €

17,90 €

17,90 €

For more information about delivery costs, please contact customer support.

3 – Rates and Taxes

The retail prices indicated on the Incenso Website and its subdomains are presented in euros. VAT and other taxes or fees, possibly due, are included in all prices.

4 – Order processing and delivery

The order will only be processed after confirmation of the respective payment, the Customer being informed, in writing, of the confirmation of the conclusion of the sale of the product/service and the estimated date of delivery or availability in the store.

Incenso does not deliver to PO Boxes.

Incenso makes deliveries of products sold by it, on the Site Incenso, in the territory of mainland Portugal and the archipelagos of the Azores and Madeira, except for large households and televisions with size equal to or greater than 40 inches, which are only delivered in mainland Portugal and the island of Porto Santo – Madeira.

The Customer may choose, within the above territory, whether to receive the item at an address of his choice. The Customer may choose not to schedule, at the time of online purchase, the desired day/time and place of delivery and should contact the Customer Support line for that purpose.

If the article is not picked up within the indicated period, Incenso will grant an additional period of up to 90 days, after which the article(s) will be considered abandoned in accordance with article 1318 of the civil code, which may result in the loss of the right of ownership in favor of Incenso.

The order invoice shall be made available, upon dispatch of the order, in digital format in the Customer’s personal area on the Incenso Website and shall be available for consultation and download by the Customer for ten (10) years.

Incenso may offer additional services related to the delivery process that will be visible in the purchase process.

5 – Order tracking

Incenso will inform the Customer of the status of his order and date of delivery or availability in Store by email and/or SMS.

For any additional questions you should contact our Customer Care Line (912000990), which will give you all the information about your delivery.

6 – Order Cancellation

Without prejudice to the Right of Free Cancellation provided in paragraph 9, the Customer may request cancellation of the order on the Incenso Website, up to the time of preparation of the articles, and for this purpose should contact the Incenso Customer Support line.

7 – Errors

In terms of that indicated in section 5.2 of Chapter I, except for possible programming errors, defects in the operation of the computer system (machine) or deformation of the message (including lapses in writing), in terms and for the purposes of Article 33 paragraph 2 al. a) and b) of Decree-Law 7/2004, January 7.

8 – Warranty

The products commercialized by Incenso at www.Incenso.pt are covered by the Legal Regime of Sale and Guarantee of Consumer Goods, approved by Decree-Law 67/2003, of April 8, in its current version, and its conformity is guaranteed for a period of two years from the date of delivery of the goods. In the case of used goods, the guarantee of conformity has a term of one year after the delivery of the good, unless a longer term is indicated.

You can exercise your rights by going to an Incenso store with your product, complete and without signs of misuse, and the respective purchase invoice, or by contacting the Incenso Customer Support line. You may also contact the manufacturer directly.

9 -Right of Free Cancellation of the Contract

In the context of online purchases (online), the consumer has a period of 14 days from the day on which he acquires physical possession of the goods or the day on which he acquires physical possession of the last good, in the case of several goods ordered in a single order and delivered separately, to return his order, free of charge beyond those set out in this clause and without the need to state the reason, in accordance with the provisions of paragraph 1 of Article 10 of Decree-Law No. 24/2014 of 14 February, as amended.

By creating an account, the Customer being associated with the Incenso Customer Program benefits from a 30-day return period.

To exercise this right, he must unequivocally state that he intends to terminate the contract and must return the entire article, in the same conditions in which it was sold, without signs of misuse, in original packaging and in good condition, instruction manual and accompanied by all accessories that constitute it.

If the Customer buys several products under a campaign offering one or several products in the order, such as “pay one, take two” or “pay two, take three”, the right of free withdrawal must be exercised in relation to all goods ordered. In these cases, Incenso will not accept a partial return of the order.

9.1 Declaration of Resolution

If he so wishes, the consumer may exercise the right of free withdrawal by completing and sending electronically the model free withdrawal form attached to the Decree-Law No. 24/2014 of 14 February that is available at https://www.incenso.pt/, or through any other unequivocal statement of withdrawal.

9.2 Return of the item

As soon as Incenso receives the Customer’s declaration to exercise the right of withdrawal, the Customer Helpline will contact the Customer to arrange collection of the article, where applicable. Under the right of free resolution, Incenso will collect the goods to be returned at the Customer’s address at no cost to the Customer if the product purchased on the Incenso site cannot, by its nature or size, be returned by post. The collection of the remaining products may be subject to payment of the shipping costs indicated in point 2.

The return by the Customer (without collection at home) of any article of small and medium size must be made within a maximum of 14 days after the communication of the decision to terminate the contract under the Right of Free Resolution, going to a physical store Incenso, presenting the article in the state indicated above, as well as the corresponding invoice and bill of lading (if applicable) and identification document (Citizen’s Card).

9.3 Refund

After the exercise of the Right of Free Cancellation of the Contract, the refund of the amount paid by the Customer, including, if applicable, the costs that the customer has paid for the delivery of the good, will be made through the same means of payment that was used in the initial purchase, at no cost to the consumer, after validation of compliance with the conditions of return described in paragraph 9, having Incenso a maximum period of 14 days for this purpose.

Except in cases where Incenso offers to collect the item, Incenso may withhold the refund until the item is received or the Customer provides proof of return of the item.

9.4 Right of Withdrawal applicable to the Provision of Services

Under applicable law, the Right of Free Resolution in connection with the provision of services is subject to the following restrictions:

– If the Customer expressly requests that the provision of services begin or be provided before the 14-day period provided for in paragraph 11, and comes to exercise the Right of Free Resolution, he must pay an amount proportionate to what has actually been provided until the notice of termination;

– The Client may not freely terminate the contract for the provision of services when the services have been fully provided under the terms of the previous point;

– The Client may not freely terminate the contract for the provision of repair or maintenance services to be performed at his or her home at his or her request, except insofar as it exceeds such request.

9.5 Legal Exclusions to the Right of Free Termination

Notwithstanding the provisions of paragraph 11.4, the Right of Free Cancellation of the Contract excludes contracts for

– Supply of goods made to the Customer’s specifications or manifestly customized;

– Supply of goods that, by nature, cannot be reshipped or are likely to deteriorate or quickly run out of time;

– Delivery of sealed goods that cannot be returned for reasons of health protection or hygiene when opened after delivery;

– The supply of goods which, after delivery and by their nature, are inseparably mixed with other products;

– Supply of sealed audio or video recordings or computer programs, which the consumer has removed the seal of inviolability after delivery;

– Supply of newspaper, periodical or magazine, with the exception of subscription contracts for the mailing of such publications;

– Supply of digital content not supplied on a tangible medium if:

(i) their execution has begun with the Customer’s consent;

e

  1. ii) The Customer acknowledges that his consent implies the loss of the right of free termination.

10 – Liability

Incenso is not responsible for damages arising from any computer viruses, network problems, or Internet supply, information provided by suppliers or any other situations to which it is unaware and that prevent access and proper functioning of the domain www.incenso.pt as well as the services available on it.

Chapter II – Personal data policy

1 – Personal Data handled by Incenso

The controller of the Customer’s Personal Data on the Incenso Website is Incenso, better identified in Chapter I, which may be contacted via e-mail info@incenso.pt or the Customer Helpline 912000990, available from 8:00 to 20:00, weekdays. The Customer may also contact the Incenso Data Protection Officer (DPO) via the email address geral@incenso.pt.

Processing of the Customer’s personal data in the context of the online account and the associated Incenso Customer Program is intended to enable the Customer to access his purchasing history, the identification of potential consumption preferences, including profiling, based on distance purchasing and consumption history. The prediction of consumption preferences and profile identification aims at the elaboration of customized marketing actions, personalized sales in the face-to-face service, the anticipated communication of campaigns that are predictably of the Customer’s interest, which can be automatically assigned and communicated, as well as the optimization of the range of products made available online.

For example, a customer who shows preferences for certain ranges of articles may receive communications from campaigns for articles in these ranges, and these communications may be anticipated in relation to the general public. On the other hand, use of the Incenso site will enable Incenso to target the articles most in demand by customers.

In the context of each specific purchase, Incenso processes the data relating to transactions in the execution of the contract for the purchase and sale of products or provision of services that Incenso makes available on the Incenso Site or in the respective pre-contractual procedures at the request of the Customer (data subject). This includes billing data, delivery, payment and returns.

Audits may also be carried out to safeguard the interests of Incenso to ensure computer security, fraud detection or response to notifications from official authorities.

During navigation on the Incenso Website, Incenso may access and store information relating to navigation, in accordance with the cookie policy available here https://www.incenso.pt/politica-de-cookies.

2 – Recipients of personal data

Incenso only transmits Customers’ personal data to the Tax Authority and other entities that need to receive it due to legal obligations or to comply with the purchase and sale contract.

3 – Term of conservation of personal data

Incenso will proceed to delete personal data relating to transactions performed by the Customer on the Incenso Site 10 (ten) years after the date of the last transaction.

The period referred to corresponds to the mandatory retention period for accounting documents. This period is also justified by the fact that it is the average useful life of the equipment sold on the Incenso site, and this period is justified for the purposes of exercising the warranty and after-sales assistance, to facilitate references of articles for the purchase of parts and accessories.

The personal data collected for the purpose of product delivery will be deleted within 2 (two) years after delivery in compliance with the warranty obligations of the articles.

In the event that the Customer cancels his online account or withdraws consent, the data will be deleted by Incenso within one month of the Customer expressing such intent to cancel. In this case, Incenso shall only retain transaction data for tax purposes for the period provided by law.

4 – Rights of the Customer

The Customer has the following rights under the protection of personal data: right of access, right of rectification, right of erasure, right to limitation of processing, right of portability, right to object and right not to be subject to automated decisions, which may be exercised under the terms provided by applicable laws and regulations.

With regard to processing for which consent has been given, the Customer may revoke this consent at any time by completing the form on request by e-mailing geral@incenso.pt;

As the holder of personal data, the Customer may exercise the rights of access, rectification and limitation of treatment, by filling out the form in request by e-mail geral@incenso.pt, and also lodge a complaint with the National Commission for Data Protection (CNPD).

More information on the privacy policy of Incenso, may in request by e-mail geral@incenso.pt;

Chapter III – Applicable Law and Alternative Dispute Resolution

1 – Applicable Law

These terms & conditions and all contracts that may be concluded under them are governed by Portuguese law.

2 – Alternative Dispute Resolution

In the event of domestic and cross-border disputes initiated by a consumer against a supplier of goods or service provider that concern contractual obligations arising from sales or service contracts concluded between the established supplier of goods and consumers residing in Portugal and the European Union (whether Incenso or a Seller in the Incenso Marketplace), the consumer may resort to a Consumer Dispute Resolution Entity.

Incenso and the Marketplace sellers established in Portugal are subject to necessary arbitration or mediation in the context of consumer disputes of low economic value (up to 5,000 €) when, at the express option of consumers, are submitted to an arbitration tribunal attached to the centers of arbitration of consumer disputes legally authorized.

Currently, the following Consumer Dispute Resolution entities exist in Portugal:

National Center for Information and Arbitration of Consumer Conflicts (CNIACC)

Consumer Conflict Arbitration Centre of the District of Coimbra (CACCDC)

Centro de Arbitragem de Conflitos de Consumo de Lisboa (CACCL) (Lisbon Centre for Arbitration of Consumer Conflicts)

Arbitration Center of the Autonomous University of Lisbon (CAUAL)

Center for Arbitration of Consumer Conflicts of the Autonomous Region of Madeira (CACC RAM)

Information and Arbitration Center of Porto (CICAP)

Information and Arbitration Center of Vale do Ave (TRIAVE)

Information and Arbitration Center of Vale do Cávado (CIAB)

Information, Mediation and Arbitration Center of Algarve (CIMAAL).

In case of national and cross-border online consumer disputes, the consumer can turn to the European Consumer Centre through the ODR Platform (“online dispute resolution”), which is competent for the resolution of disputes concerning contractual obligations resulting from sales contracts or online services. Access here the Electronic Platform for Alternative Dispute Resolution for national or cross-border online sales or service contracts.

Disputes relating to purchases made from outside the European Union are not covered by Alternative Dispute Resolution as indicated in this clause.

For Complaints and Claims relating to purchases made from Incenso you may contact Incenso via email at info@incenso.pt or via the Customer Helpline 912000990, available from 8:00 am to 8:00 pm, working days. More information on the website of the Directorate General for the Consumer: www.consumidor.pt.

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