Terms and conditions of purchase and use

TERMS AND CONDITIONS OF PURCHASE AND USE

INTRODUCTION

This document, together with the documents mentioned in it, establishes the terms and conditions that govern the use of this website ( www.Fabimoline.com ) and the purchase of products on it (hereinafter, the “Conditions”), regardless of any application, digital medium, support or device used to access said website.

WE RECOMMEND THAT YOU CAREFULLY READ THE CONDITIONS AND OUR PRIVACY AND COOKIES POLICY (HEREINAFTER, THE “PRIVACY AND COOKIES POLICY”) BEFORE USING OR PLACING AN ORDER ON THIS SITE. THESE TEXTS MAY SEEM VERY TECHNICAL AND LEGAL, BUT THEY ARE IMPORTANT. BY USING THIS SITE OR PLACING AN ORDER ON IT, YOU ACCEPT THESE TERMS AND OUR PRIVACY AND COOKIE POLICY WITHOUT ANY RESERVATIONS OR EXCEPTIONS, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY AND COOKIE POLICY. THIS INCLUDES, WITHOUT LIMITATION AND WHEN APPLICABLE, ACCEPTING THE CONDITIONS RELATING TO BINDING ARBITRATION, WAIVER OF THE RIGHT TO CLASS ACTION, DISPUTE RESOLUTION, LIMITATION OF LIABILITY, EXCLUSIONS AND LIMITATIONS OF DAMAGES, AND THE APPLICATION OF THE LAW I, ACCORDING ESTABLISHED IN THIS DOCUMENT. IF YOU DO NOT AGREE WITH THE CONDITIONS AND THE PRIVACY AND COOKIES POLICY, WHETHER IN WHOLE OR IN PART, DO NOT USE THE SITE, OR ANY OF THE SERVICES PROVIDED ON THE SITE, OR PLACE ANY ORDER ON THE SITE.

These Conditions may be subject to modification. It is your responsibility to read them periodically, as the Conditions, at the time of using the website or formalizing the relevant Agreement (as defined below), will be applicable.

If you have any questions about the Conditions or the Privacy and Cookies Policy, you can contact us via the chat available on the website.

The Contract (as defined below) may be executed, at your option, in any of the languages ​​(English, French, Spanish or Portuguese) in which the Conditions are available on this website.

This Agreement is always available on the website. Likewise, at any time during the purchase process, you can save and reproduce these Conditions using the “Download” and “Print” options in the header of the document.

OUR DATA

The sale of products through this website is carried out under the name of FabiMoline by Fabiana Moline Unipessoal Lda, a Portuguese company with registered office at Rua Santo António dos Capuchos nº 13B, 1º, Lisbon, with the email contato@fabimoline.com , registered in the Commercial Register of Lisbon, with tax identification number 517695430.

YOUR DATA AND YOUR VISITS TO THIS SITE

The information or personal data you provide to us will be processed in accordance with the Privacy and Cookies Policy. When you use this website, you agree to the processing of information and data, and declare that all information and data provided are true and correspond to reality.

USE OF OUR WEBSITE

When you use this website and place orders through it, you agree to the following:

1. Use this website only to place legally valid questions and orders.
2. Use the website diligently and in accordance with current legislation, morality, decent conduct and public order, and, in all cases, in accordance with the purpose for which the website exists.

iii. Do not place false or fraudulent orders. If we reasonably consider that an order of this type has been placed, we will authorize its cancellation and inform the competent authorities.

1. Not use the website for illegal purposes or effects (or in any way that violates these Conditions), which may harm the interests or rights of third parties, or damage, affect, disable or make the website unusable, or prevent its normal use by other users.
2. Do not destroy, alter, render useless or, in any other way, damage the data, programs or electronic documents found on the website.
3. Do not prevent other users from accessing the service through the mass consumption of computer resources used by ZARA to provide the website, and do not take any action that damages, interrupts or causes errors in the aforementioned systems.

viii. Do not introduce programs, viruses, macros, applets, drawings, audio files or images, photographs, recordings, software and, in general, any type of material accessible through the website.

viii. Provide us with your e-mail, postal address or other contact details truthfully and accurately. You also agree that we may use this information to contact you in connection with your order, if necessary (see our Privacy and Cookies Policy). If you do not provide us with all the information we need, you will not be able to place your order.

When you place an order on this website, you declare that you are over 18 years old and can legally form binding contracts.

Furthermore, when placing the corresponding order and, where applicable, you undertake to comply with the current laws of your jurisdiction as a registered importer, as well as to carry out any other procedures that must be carried out to ship the goods from your place of residence.

1. FORMALIZATION OF THE CONTRACT 

To place an order, you must follow the online purchase procedure and click on "Authorize payment”. After that, you will receive an email confirming receipt of your order (the "Order Confirmation"). email that the order is being sent (the "Shipping Confirmation").

These Conditions and the Contract constitute a written agreement between us, and you will be sent a link to that agreement together with each of the aforementioned transactional emails.

If you are a registered user, a record of each transaction carried out by you will be available in the "My Account" section for a period of 2 years.

By accepting these Conditions, you confirm that you had the possibility to accept or reject them and to amend any type of error in the Contract before it was concluded, as stipulated in clause 6 below.

The parties to this document agree that the warranties implied by the regulations in force (and which may be subsequently amended or replaced) are excluded, whenever possible and in accordance with the terms and conditions provided for by law, and which are not applicable to this contract, unless explicitly stated otherwise.

1. TECHNICAL MEANS TO CORRECT ERRORS 

If you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section.

In any case, you can correct errors related to the personal data provided during the purchase process by contacting the Customer Support service through the chat available on the website, as well as exercising the right to rectification contemplated in our Privacy Policy and of Cookies. This site displays confirmation boxes in various sections of the purchase process that do not allow the order to proceed if the information in these sections has not been provided correctly. Furthermore, this site provides details of all the items you have added to your shopping cart during the purchase process, so that, before making payment, you can modify the details of your order.

If you detect an error in your order after completing the payment process, you must immediately contact our Customer Service via the chat available on the website to correct the error.

PRODUCT AVAILABILITY

All product orders are subject to availability. Along these lines, if there are difficulties in supplying products or if there are no more items in stock, we will refund any amount you may have paid.

1. REJECTION TO PROCESS ORDER 

We reserve the right to remove any products from this website at any time, and to remove or modify any materials or content thereon. Although we always do our best to process all orders, there may be exceptional circumstances that require us to refuse to process an order after the Order Confirmation has been sent. We reserve the right to do so at any time.

We will not be liable to you or any third party for removing any product from this website, or for removing or modifying any material or content on the website or for failing to process an order after the Order Confirmation has been sent.

DELIVERY

Without prejudice to Clause 7 above regarding product availability and except in extraordinary circumstances, we will endeavor to dispatch the order, which consists of the product(s) listed in each Dispatch Confirmation, before the date indicated in the Confirmation. of Shipping in question or, if no delivery date is specified, within the estimated time indicated when selecting the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

However, there may be delays due to reasons such as unforeseen circumstances or the delivery zone.

If, for any reason, we are unable to meet the delivery date, we will inform you of this situation, giving you the option to continue with the purchase, establish a new delivery date or cancel the order with a full refund. amount paid. Please note, in any case, that we do not make home deliveries on Saturdays, Sundays and public holidays.

For the purposes of these Conditions, it will be understood that "delivery" has been made or the order "delivered" when the recipient or a third party indicated by the recipient is physically in possession of the goods, which will be proven by signing the order receipt on the delivery address indicated.

1. IMPOSSIBILITY OF DELIVERY

If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe location, your order will be returned to our warehouse.

We will also leave a note telling you where your order is and what you need to do to have it delivered again. If you are not at the delivery location at the agreed time, we ask that you contact us so that we can organize delivery on another day.

If, after 30 days from the date your order is available for delivery, the order cannot be delivered for reasons beyond our control, we will assume that you wish to cancel the Contract, and it will be terminated. As a result of termination of the Contract, we will refund to you all payments we have received from you, including delivery costs (except any additional costs arising from your choice of any delivery method other than the standard delivery method offered by us) without any undue delays, and, in any case, within 14 days from the date on which this Agreement was terminated.

Please note that transport resulting from the end of the Contract may have an additional cost, which we may charge you.

TRANSMISSION OF RISK AND OWNERSHIP OF PRODUCTS

The products will be under your responsibility from the moment of delivery, as described in Clause 9 above.

You will take ownership of the products when we receive full payment of the amounts due in respect of them, including delivery costs, or at the time of delivery (as defined in clause 9 above), if this occurs later.

PRICE AND PAYMENT

The price of products will always be stipulated on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices displayed on the website are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or canceling it. If we are unable to contact you, we will consider the order as canceled and all amounts paid will be refunded in full.

We are not obliged to supply you with any product at an incorrect lower price (even where we have already sent you the Dispatch Confirmation) if the error in pricing is obvious and unambiguous, and could have been recognized by you as an incorrect price.

Prices may change at any time. However, except as set out above, changes will not affect orders for which we have sent an Order Confirmation. After selecting all the items you want to purchase, they will be added to your shopping cart. The next step will be to process the order and make payment. To do this, you must follow the steps of the purchase process, indicating or verifying the information requested at each step. Furthermore, throughout the purchase process, before payment, you can change the details of your order. There is a detailed description of the purchasing process in the Buying Guide.

Payments can be made with Visa, Mastercard, American Express and PayPal.

To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will request prior authorization on your card to ensure there are sufficient funds to complete the transaction. Your card will be charged when your order leaves our warehouse.

If your payment method is PayPal, you will be charged when we confirm your order.

By clicking “Authorize Payment”, you confirm the authenticity and ownership of the credit card.

Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize payment, we will not be responsible for any delays or failures in delivery, and we will not be able to formalize any Contract with you.

Please note that at this time we can only process your order in euros. No other currencies are currently accepted.

As FABIANA MOLINE UNIPESSOAL LDA., processes all transactions in euros and is a company based in Portugal, the payment transaction is considered international if your card/payment method is not issued in Portugal. Consequently, in order to process such international payment, your card issuing bank may transfer certain fees or surcharges resulting from the international nature of the transaction, foreign currency conversion or any other reason.

You must bear in mind that cards and other means of payment are issued by financial entities, banks and corresponding card systems, and have, by association, certain regulations for their use. Neither FABIMOLINE is involved nor responsible for these regulations. FABIANA MOLINE UNIPESSOAL LDA, recommends that you take these possible fees and charges into account, and that all clarifications related to them be requested directly from your financial entity/issuing bank.

Prices on the website do not include shipping and import costs, which are added to the total price as indicated in our Buying Guide (in the “Shipping” section) and in the purchase process, where you can obtain an estimate.

Duties, customs fees and taxes (“Import Costs”) are set by each local government and determined based on a combination of the country of origin of the goods being purchased and the classification of that goods, in accordance with an adopted harmonized system and used by each local government. The amount of applicable Import Costs, if they can be estimated, will vary in each case.

When placing your order, you authorize FABIMOLINE to charge the import costs applicable to the products in your order, where an estimate can be provided.

If the Estimated Import Costs exceed the Actual Import Costs, FABIMOLINE will refund the difference. Otherwise, FABIMOLINE will assume the difference. When placing the corresponding order, you undertake to comply with the foreign exchange laws applicable to your jurisdiction.

PURCHASE PRODUCTS AS A GUEST

The functionality to purchase products as a guest is also available on the website. In this type of purchase, only the data essential for processing your order will be requested. At the conclusion of the purchase process, you will have the possibility to register as a user or continue as an unregistered user.

14. QUICK PURCHASE

The quick purchase function (hereinafter, "Quick Purchase") makes it easier to make purchases through this website by not having to enter shipping, invoicing and payment information for each purchase. Quick Purchase is available in the “Shopping Cart” section.

To use the Quick Purchase option, you must have saved your credit card details. You can do this when making a payment with any of the cards accepted by this site, clicking on the "Save my card details" option. This will save the following card details: card number, name of the card holder (as it appears on the card) and its expiration date.

To save your card information and use Quick Purchase, you must accept the applicable Conditions and Privacy and Cookies Policy.

By accepting the use of Quick Purchase, you authorize purchases paid through this tool to be charged to the card associated with the tool. The use of the card will be governed, in any and all cases, by the written conditions established between the user and the card issuing entity.

You can save data from multiple cards for Quick Purchase. To do this, you must make at least one payment with one of them. If the user wants to save data from more than one card, the card whose data was saved most recently will be considered their "Favorite Card" and is the card that will be used by default to pay with Quick Purchase. However, the user can change their favorite Card in the My Account section of this website.

To use Quick Purchase, simply click on the "Quick Purchase” button that appears in the shopping cart. When you do so, a screen will appear with the shipping, invoicing and payment details for the purchase. The data available on this screen cannot be changed If there is an error, do not complete the purchase process. To make purchases with different data, the user should not use the Quick Purchase service.

The user can change their favorite Card linked to Quick Purchase in the My Account section of this website.

The provisions of this section do not apply to purchases made as a guest.

15. RETURN POLICY

15.1 Legal right to withdraw

Right of withdrawal

If you are contracting as a consumer, you have the right to withdraw from the Contract within a period of 14 days without giving any reason.

The withdrawal period will end after 14 days from the day on which you, or a third party other than the carrier and indicated by you, takes physical possession of the goods, or in the case of several goods, in an order delivered separately, after 14 days from the day on which you, or a third party other than the carrier and indicated by you, takes physical possession of the last item included in an order.

To exercise your right of withdrawal, you can notify FABIMOLINE of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or via the chat available on the website). You can use the model withdrawal form, as defined in the Annex, but it is not mandatory.

To respect the withdrawal period, simply send your communication regarding your exercise of the right to withdraw before the withdrawal period expires.

Effects of withdrawal

As a result of the termination of the Contract, we will refund to you all payments we have received from you, including delivery charges (except any additional costs arising from your choice of any delivery method other than the standard delivery method offered by us) without any undue delays, and in any case, within 14 days from the date on which you have withdrawn from this Agreement. We will make this refund using the same payment methods you used for the initial transaction. In any case, you will not pay any fees arising from this refund. Notwithstanding the foregoing, we may withhold the refund until we receive the goods back, or until you demonstrate evidence that you sent the goods back - whichever is earlier.

You must deliver the goods to the courier arranged by us, without undue delay and, in any case, no later than 14 days from the day on which you communicated to us your decision to withdraw from the Contract. The deadline will be met if you deliver the goods before the 14 day period expires. Return costs will be deducted from the refund. However, any negative value resulting from any deduction will be assumed by FABIMOLINE.

You are only responsible for any decrease in the value of goods resulting from handling, and which does not derive from the nature, characteristics and functioning of the goods.

15.2 Contractual right of withdrawal

In addition to the legally recognized right of withdrawal for consumers and users mentioned in clause 15.1 above, we grant you a period of 30 days from confirmation of dispatch of the products to return them (except those mentioned in clause 15.3 below, for which the right to withdrawal is excluded).

In case you return the goods within the contractual term of the right of withdrawal, after the legal period has expired, we will only refund the amounts paid for those products. Shipping costs will not be refunded.

Return costs will be deducted from the refund. However, any negative value resulting from any deduction will be assumed by FABIMOLINE.

You may exercise your contractual right to withdraw in accordance with the provisions of Clause 15.1 above. However, if you inform us of your intention to withdraw from the Contract after the legal deadline for withdrawal, you must, in any case, deliver the goods to the courier arranged by us, within 30 days from the Shipping Confirmation.

15.3 Common provisions

You will not have the right to withdraw from the Contract when it comes to the delivery of the following products:

1. Custom articles
2. Goods sealed for hygiene or health reasons and which have been opened after delivery.

Your right to withdraw from the Contract will apply exclusively to products that are returned in the same condition in which you received them. No refund will be made if the product has been used after opening, if the products are not in the same condition as when they were delivered or if they are damaged; therefore, please take care of the product(s) while they are in your possession. You must return the products with or in their full original packaging.

At the time of cancellation, the respective products must be returned by a courier sent by us, as indicated:

You must contact us via the chat available on the website to organize collection of the product at your home. You must deliver the merchandise to the courier in its original packaging along with the “Return Document” which must be printed and glued to the packaging, and follow the instructions in the "RETURNS" section of this website.

The destination for all returned goods will be Portugal.

If you have purchased goods as a guest, you can request returns via courier or via the chat available on the website.

After examining the article, we will inform you if you are entitled to a refund of the amounts paid. Shipping costs will be refunded when the right to withdrawal is exercised within the legal deadline and all relevant goods are returned. The refund will be paid as quickly as possible and, in all cases, within 14 days of the date of your notification of your intention to withdraw.

Notwithstanding the foregoing, we may withhold the refund until we receive the goods back, or until you demonstrate evidence that you sent the goods back - whichever is earlier. The refund will always be paid using the same payment method you used for your purchase.

You will not incur any penalty for exercising your right to withdraw, nor will you incur any responsibility or expense other than the direct cost of returning the merchandise, which you will have to assume.

Therefore, in this case, FABIMOLINE. will be compensated in an amount equal to the direct cost of returning the products, which will be deducted from the total refund amount.

If you have questions, you can contact us via the chat available on the website.

15.4 Return of defective products

If you consider that, at the time of delivery, the product is not as stipulated in the Contract, you must contact us via the chat available on the website to communicate the details of the product and the damage suffered.

You must return the product by delivering it to the courier we send to your address, together with the “Return Document” which must be printed and stuck to the packaging, and follow the instructions in the "RETURNS" section of this website.

We will carefully examine the returned product and notify the buyer via email within a reasonable period of time whether they are entitled to a refund. The refund of the item will be made as soon as possible and, in any case, within 14 days after the date of sending the email confirming that the refund of the product will be made.

If a defect or damage is confirmed in the returned products, we will issue a full refund, including any accumulated delivery and return costs. The refund will always be paid using the same payment method you used for your purchase.

All rights recognized in current legislation will, in any case, be guaranteed.

15.5 Return of non-FABIMOLINE items

You are responsible for checking the contents of any packaging before returning it.

We are not responsible for the care or return of the contents of any packages that are erroneously returned to us (for example, that include products from other sellers) ("Wrong Returns").

We may (but are not obligated to) contact you to inform you that you made an incorrect return.

We will store any erroneous returns we receive for a period of 14 days from the date they reach us. If you have not contacted us about this erroneous return within this period, we will assume that the content in question has been abandoned. We reserve the right to destroy any erroneous returns without prior notice.

Given the volume of returns we process, we do not guarantee that we can locate every erroneous return we receive.

If we are able to locate an erroneous return, we will take reasonable steps to return the content in question to you, but we reserve the right to first demand that you reimburse us for our reasonable costs for processing, storing and returning that content.

16. LIABILITY AND DISCLAIMER, CONSUMER LEGAL RIGHTS

Unless expressly stated otherwise in these Conditions, our liability in respect of any product purchased on our website will be strictly limited to the purchase price of that product.

Despite the foregoing, our liability will not be exempted or limited in the following cases:

i.in the event of death or personal injury caused by our negligence;

1. in case of fraud or fraudulent falsehood; or

iii. in any case where it would be illegal or unlawful to exclude, limit or attempt to exclude or limit our liability.

Despite the provisions of the paragraph above, and within the legally permitted scope, unless these Conditions indicate otherwise, we will not accept any responsibility for the following losses, regardless of their origin:

1. loss of revenue or sales;
2. operating loss;

iii. loss of profits or contracts;

1. loss of savings forecasts;
2. data loss;
3. loss of commercial or management time.

Due to the open nature of this website and the possibility of errors occurring in the storage and transmission of digital information, we do not guarantee the accuracy or security of information transmitted or obtained through it, unless expressly stated otherwise on this website.

All product descriptions, information and materials appearing on this site are provided "as is", without express or implied warranties about them, except those established by law. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that comply with the Contract, being responsible to you for any lack of conformity existing at the time of delivery. It is generally understood that the goods are in compliance with the Contract when they: (i) meet the description given by us and have the qualities we present on this website; (ii) are suitable for the purposes for which products of this type are normally used; (iii) exhibit the quality and performance normally present and expected in goods of this type. To the extent permitted by law, we exclude all warranties except those that cannot lawfully be excluded.

17. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content provided as part of the website always belong to us, or to those who grant us their license to use it. You may use this material only to the extent expressly authorized by us or the license holders. This does not prevent you from using this website to the extent necessary to copy your order information or contact details.

18. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any harmful or technologically harmful software or materials. You must not attempt to access, without authorization, this website, the server on which it is hosted or any server, computer or database related to our website. You agree not to attack this site via any denial-of-service attacks or distributed denial-of-service attacks.

Failure to comply with this clause will be considered a breach as defined in applicable regulations. We will report any failures to comply with this regulation to the corresponding authorities and cooperate with them to discover the identity of the person responsible for the attack. Likewise, in the event of failure to comply with this clause, authorization to use this website will be suspended immediately. We will not be held liable for any damage or loss resulting from a denial of service attack, virus or any other harmful or technologically harmful software or material which may affect your computer, IT equipment, data or material as a result of your use of this website or downloading content from the same or other websites forwarded by it.

19. LINKS FROM OUR WEBSITE

If our website contains links to other third-party websites and materials, these links will be provided solely for information purposes, and we will not have any control over the content of these websites or materials. Consequently, we will not accept any liability for any damages or losses resulting from its use.

20. WRITTEN COMMUNICATION

Current laws require that part of the information or communication provided to you be made in writing. By using this website, the user expresses his/her agreement with the fact that communication between the parties will be carried out mainly by electronic means. We will contact you by email or provide you with information by posting notices on this site. For contractual reasons, you agree to use these means of electronic communication and you accept that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements that you provide them in writing. This condition does not affect your legal rights.

21. NOTIFICATIONS

Notifications must be sent via the chat available on the website. In accordance with the provisions of Clause 20 above, and unless otherwise stipulated, we may send you notices either by email or at the postal address you provided to us when placing your order.

It must be clear that notifications will be received and processed as soon as they are published on our website, 24 hours after they are sent by email, or three days after the date of sending any letter. As proof that the notification was sent, it will be sufficient to demonstrate, in the case of a letter, that it was sent to the correct address, that the correct postage was paid and that it was duly delivered to the post office or a post box, and, in case of an email, that the notification was sent to the email address specified by the recipient.

22. TRANSFER OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both parties, as well as our respective successors, assigns and heirs.

You may not convey, assign, enforce or otherwise transfer a Contract or any rights or obligations arising therefrom without our prior written consent.

We may convey, assign, enforce, subcontract or otherwise transfer a Contract, or any rights or obligations arising therefrom, at any time during the term of the Contract. In order to avoid any doubts, these transmissions, assignments, charges or other transfers will not affect the rights that, as applicable, you have as a consumer recognized by law, nor will they cancel, reduce or limit, in any way, the express and tacit guarantees that you have we may have given.

23. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any failures or delays in fulfilling our obligations under the Contract when caused by events beyond our reasonable control ("Force Majeure").

The concept of Force Majeure includes any act, event, default, omission or accident that is beyond our reasonable control, including, among others, the following:

1. Strike, lockout or other forms of protest.
2. Civil unrest, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

iii. Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.

1. Impossibility of using trains, boats, planes, motorized transport or other means of transport, public or private.
2. Impossibility of using public or private telecommunications systems.
3. Acts, decrees, legislation, rules or restrictions of any government or public authority

viii. Strike, failure or accident in sea or river transport, postal transport or any type of transport.

It must be made clear that our obligations under the contracts are suspended during the period in which the Force Majeure takes effect and we will be granted an extension of the period to fulfill these obligations for a period of time equal to the duration of the Force Majeure situation. We will provide all reasonable remedies to bring the Force Majeure situation to an end or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure situation.

24. EXEMPTION RIGHTS

The absence of a requirement on our part for strict compliance by you with any obligations assumed by you under a Contract or these Conditions or the absence of the exercise, on our part, of the rights or actions that correspond to us under this Contract or the Conditions shall not constitute a waiver or limitation of such rights or actions, nor shall they exempt you from compliance with such obligations.

The waiver by us of a specific right or action will not constitute a waiver of other rights or actions arising under the Contract or the Conditions.

The waiver by us of any of these Conditions or of the rights or actions arising from the Contract will have no effect, unless it is expressly stipulated that it is a waiver of rights, and is formalized and notified to you, in accordance with the provisions of Notifications section above.

25. PARTIAL CANCELLATION

If any of these Conditions or any provision of a Contract is declared null and void by firm resolution of the corresponding authority, the remaining terms and conditions will remain in force, without being affected by such declaration of nullity.

26. COMPLETE CONTRACT

These Conditions and any document mentioned in them constitute the complete Contract between both parties, as determined by its objective, replacing any pact, agreement or prior promise between the parties, verbally or in writing.

The parties acknowledge that they agree to formalize the Contract without relying on any declaration or promise made by the other party or that may have been deduced from any declaration or document in the negotiations between the two parties prior to said Contract, except those expressly mentioned in these Conditions.

Neither party will take any action in relation to any false statement made by the other party, whether verbally or in writing, prior to the date of the Contract (unless the false statement was made fraudulently). The only action that can be taken by the other party will be due to breach of contract in accordance with the provisions of these Conditions.

27. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Conditions at any time.

It is subject to the policies and conditions in force at the time

in which you use this website or place an order, except when, by law or decision of government entities, we have to retroactively make changes to these policies, Conditions or Privacy and Cookies Policy. In this case, possible changes will also affect orders previously placed by you.

28. APPLICABLE LAW AND CONFLICTING JURISDICTION

The use of our website and product purchase contracts through this website will be governed by Portuguese law.

Any dispute arising out of or related to the use of the website or the aforementioned contracts will be subject to the non-exclusive jurisdiction of the Portuguese courts.

In the event of a dispute and, where applicable, you authorize FABIMOLINE to register the contract with the relevant local register, at our discretion and at your expense.

If you sign the contract as a consumer, nothing in this Clause will affect your legal rights, as recognized in any applicable legislation in this area.

Where applicable, you agree that any controversy or claim arising out of or relating to the Conditions, the website, the Privacy Policy or the FABIMOLINE services will be resolved by binding arbitration in a location determined by the arbitrator as established (provided that such location is reasonably convenient for you in the area of ​​your residence), or in another location that may be mutually agreed by the parties, in accordance with the applicable procedural laws set out in the full arbitration rules and procedures and the ruling on the award rendered by the arbitrator(s) may be filed in any court having jurisdiction. The CAC Rules and procedures are available at www.centrodearbitragem.pt or by calling (+351) 213224053. The arbitrator will be selected in accordance with the CAC Rules and procedures. 2 Alternatively, you may assert your claims in the minor claims court in accordance with the terms of these Conditions, if your claims meet the requirements and provided the matter remains in that court and progresses only on an individual (non-collective and non-representative) basis. ). The arbitrator shall apply New York law in accordance with the Federal Arbitration Act and applicable statutes of limitations, and shall comply with claims of privilege recognized by law. If you initiate an arbitration against FABIMOLINE, you will not be responsible for the professional fees for the arbitrator's services or any other CAC fees. If FABIMOLINE initiates arbitration against you, FABIMOLINE will pay the arbitrator's services and any other CAC fees associated with the arbitration. If any part of this arbitration provision is found to be invalid, unenforceable, or illegal (except if claims are not arbitrated on a class or representative basis), or if it conflicts with the rules and procedures established by the CAC, the result of this arbitration provision shall remain in effect. in force and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or contrary provision were not covered herein. However, if the part deemed invalid, unenforceable or illegal is that claims are not arbitrated on a class or representative basis, then the entirety of this arbitration clause will be null and void, and neither the claimant nor FABIMOLINE will be entitled to arbitrate. your dispute. ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF IN A CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE CONSIDERED IN A SIMILAR BASIS. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY A JURY AND LIMITING YOUR RIGHT TO APPEAL, AND YOU UNDERSTAND THAT YOU ARE GIVING UP YOUR RIGHTS FOR THE BENEFIT OF OTHER PROCEEDINGS. RESOLUTION AVAILABLE. DO NOT USE THE SITE, ANY OF THE SERVICES PROVIDED ON THE SITE, OR ORDER THROUGH THE SITE IF YOU DO NOT AGREE TO THE FOREGOING MANDATORY ARBITRATION PROVISIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or these Terms must be filed within one (1) year after such claim or cause of action accrues arising, or it will be permanently rejected. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE PRIVACY AND COOKIE POLICY OR THESE TERMS SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. Any disputes arising from or related to these Conditions, the Privacy and Cookies Policy, the website or the FABIMOLINE Services will be resolved in accordance with the laws of Portugal, without considering any conflict of laws. Any disputes, actions or proceedings relating to these Conditions or your access to or use of the Site not subject to the arbitration provisions set forth herein must be brought in the federal or state courts located in Portugal and you irrevocably consent to the jurisdiction and location of such courts.

29. COMMENTS, SUGGESTIONS, COMPLAINTS AND COMPLAINTS

Your comments and suggestions are always welcome.

We appreciate you sending your comments and suggestions, as well as your questions, complaints or complaints, via email contato@fabimoline.com or via the chat available on the website.

Complaints and complaints made to our customer support services will be dealt with in the shortest possible time and, in any case, within the maximum period established by law. Complaints and grievances will be registered with an identification code that will be provided to you, which will allow you to monitor their progress.

For residents of territories belonging to the European Union or the European Economic Area: If, as a consumer, you feel that your rights have been violated, send your complaints by email to contato@fabimoline.com or through the chat available on the website to request extrajudicial dispute resolution.

If your purchase is made online on our website, in accordance with EU Regulation no. 524/2013, you are informed that you can request an extrajudicial resolution of disputes regarding affordable consumption on the website http://ec.europa.eu/consumers/odr/.

30. CONTACT

Please keep in mind that the email contato@fabimoline.com was created for the purpose of allowing easy and direct access to the identifying data of FABIANA MOLINE UNIPESSOAL LDA., as a company selling the goods, and also for the purpose of providing you with allow you to present complaints or complaints that you consider appropriate.

To send comments, suggestions, queries or any other question other than those previously mentioned, you can access our usual contact channels, that is, the chat available on the website.

For more information, please consult the “Contact” section of the website.

ATTACHMENT

Model termination form

(only fill out and send this form if you want to withdraw from the contract)

Address: FABIANA MOLINE UNIPESSOAL LDA., operating under the business name of FABIMOLINE, with registered address at Rua Santo António dos Capuchos nº 13B, 1º, 1150-315, Lisbon, Portugal):

I hereby notify that I withdraw from my sales contract for the following merchandise:

Ordered on/received on (*)

Consumer name

Consumer address

Consumer signature (for paper forms only)

Date (*)

Delete as necessary.