We ask you to carefully read these Terms and Conditions prior to the use of this website. By using this website or by placing an order through it, the User agrees to be bound by these Terms and Conditions. If you do not agree to all of these terms and conditions, you must refrain from using this website.
warned that these Terms and Conditions can be changed at any time, being the
responsibility of the User to carry out a periodic reading, since the
conditions enforced at the time of use of the website or the conclusion of the
Contract (As defined below) are applicable.
I - PURPOSE, SCOPE AND DEFINITIONS
1) These general conditions regulate the sale, including registration, ordering and access to “ambar” oferecidos pela Ambar - Passion S.A., com o NIPC 513087885, registered at Oporto’s CRC with the same number, headquarters located at Rua Manuel Pinto de Azevedo, 363, 4100-321 Porto, Portugal, at the website www.ambar.pt and it applies to all contracts for purchase and sale of "ambar" products between Ambar Passion, S.A. and any user who places orders through this website.
2) For the purposes of these General Conditions, the following definitions shall apply:
a) - "ambar" - Products
sold by Ambar - Passion S.A., which owns all copyright or related rights, as well as other
rights that may be subject to protection provided in the Industrial Property
Code, on the website with the address above and supplier of the goods available
for ordering on the same site;
b) - "Utilizador" - Any individual, non merchant, who places an order through the website www.ambar.pt;
3) These general conditions do
not exclude the rights and guarantees of the User contained in the legislation
enforced in contracts of this nature.
II – ACCEPTANCE
1) The conclusion of contracts for the purchase and sale of ambar products presupposes the knowledge and acceptance of the General Conditions by the User.
2) By accepting the General Conditions, the User confirms to have read the General Conditions, to have legal capacity to accept them and to conclude the contract of purchase and sale of ambar products.
3) The information contained in
these Terms is not a proposal for sale but a mere invitation to negotiate. No
contract regarding the mentioned products will be established between Ambar - Passion S.A. and the
user without the order being accepted by the first one (regardless of whether
or not a debit was made to the user's account). If the order is not accepted
once a charge has been made to the user's account, the amount will be refunded
III – REGISTRATION
2) After registering as a customer, the User can access his personal account online, by logging in after introducing a personal and non-transferable password, defined by the User at the time of registration.
3) As soon as the user accesses
his personal account online, the user is subject to these general conditions,
as well as the laws and regulations governing the respective operation and
IV - AMBAR PRODUCTS
1) The website www.ambar.pt is directed at users of ambar products who wish to purchase from their home or workplace 24 hours a day and 7 days a week.
2) Information on the essential characteristics of ambar products can be found at www.ambar.pt.
3) Ambar - Passion S.A.
reserves the right to modify at any time, the information, offer, prices,
promotions and commercial conditions of ambar products, presented in the
V – ORDER
1) After accessing your personal account created at the website www.ambar.pt, the User may proceed with the online purchase of ambar products, through the following steps:
a) Selection, through the search icons and menus, of product(s) desired by the User;
b) Adding the selected product(s) to the User's "Shopping Cart";
c) Registration of the User's personal data, with the option to integrate them in Ambar - Passion S.A.’s database, in the terms foreseen in the General Conditions;
d) Indication of "Place of Delivery", "Place of Billing" and "Payment Method";
e) Enter the Tax Identification
Number (NIPC) of the User.
2) Ambar - Passion S.A., provides all the details of the purchase through the site www.ambar.pt, allowing the identification and correction of any errors and will request the acceptance of the terms and conditions of purchase, as well as the General Conditions;
3) The User will be informed of the status of his order by receiving an e-mail regarding the "Order Confirmation" and a second message, after validation of the payment, regarding the "Order Shipment". All orders are subject to acceptance by Ambar - Passion S.A. The purchase and sale agreement between Ambar - Passion S.A. and the user will only be formalized with the communication of the "Order Expedition".
4) Finally, the User order will be delivered by the logistics operator in the "Place of Delivery" indicated in the purchase process and with its detailed invoice.
5) The realization of the online order of products included in the "Shopping Cart" implies the acceptance of the purchase of referred products, by the prices and in the terms described in the site www.ambar.pt, by the User, being that, the User may only make requests through the website www.ambar.pt with the prices, terms and conditions advertised on it.
6) In the event tha Ambar - Passion S.A., for any reason, does not accept the User's request, a right that Ambar - Passion S.A. expressly reserves, the User will be informed of this fact.
7) Ambar - Passion S.A. reserves the right to cancel or refuse the order of a product from a customer with whom there is a dispute regarding the payment of an earlier order.
8) Satisfaction of all orders made at the above mentioned site is subject to Ambar - Passion S.A.'s availability, which will try to ensure that all products offered for sale on the site are in stock. Ambar - Passion S.A. reserves the right not to accept any orders or cancel orders already confirmed for products for which there is no stock, in which case Ambar - Passion S.A. will inform the User of such fact and will proceed with the refund of the amount received within 30 days.
9) Ambar - Passion S.A. will not accept orders for which one of the following occurs:
a) The "Place of Delivery" is located outside Mainland Portugal or islands of Madeira/Azores;
b) The total value of the order is over € 1,500.00 (one thousand five hundred euros);
c) The purpose of purchase is the resale of the products;
d) The product is not available at Ambar - Passion S.A.'s warehouses (in which case the User will not be able to add the product to the "Shopping Cart");
e) Payment isn't made using any of the payment options available on the site www.ambar.pt;
f) Payment is not confirmed.
VI – PRICES
1) All prices for ambar products on our website www.ambar.pt, Include Value Added Tax (VAT), at the rate of 23% or at the rate that, at any time, results from the legal provisions in force. The total VAT payable by the User will be indicated on the invoice to be sent to the User.
2) The prices of ambar products, as well as their characteristics, are subject to change without prior notice by Ambar - Passion S.A. However, such changes will be disclosed on the website www.ambar.pt with the aim of keeping users informed, so it is understood that the User knew them prior to the execution of the order.
3) If there is any error in the price of the requested products, either Ambar - Passion S.A. or the User may at any time, until the products are despatched, cancel the order request.
4) Prices are always subject to final validation according to the invoice issued regarding the purchase.
VII - METHODS OF PAYMENT AND SECURITY
1) To promote privacy and security of the documents and information transmitted over the Internet, the User may make the payment of his purchases through the available menus in the website.
VIII - DELIVERY EXPENSES
1) Standard delivery expenses will be supported by Ambar - Passion S.A. only in Continental Portugal, for orders above € 150, according to the promotional conditions in force at any time.
XIV – DELIVERY
1) Ambar - Passion S.A.delivers the product or products ordered by the User from Monday to Friday, except for public holidays and on the days and times used by the logistics company, to the address indicated by the User at the time of order confirmation.
2) Ambar - Passion S.A. compromises to comply with the order, between the 2nd day after payment and up to a maximum period of 15 days from the day of validation of the payment.
3) Ambar - Passion S.A. will inform the User of the unavailability of the product or products ordered, as well as will reimburse the amounts that he has paid for such product or products, within a maximum period of 15 days as of the date of knowledge of such unavailability.
4) The responsiveness of Ambar - Passion S.A. within these deadlines is, however, dependent on the availability of its stock.
5) In the event of unavailability from the carrier to deliver the products on the date indicated, the User will be contacted in order to set another date of delivery.
6) The order is deemed as dispatched from the moment Ambar - Passion S.A. delivers it to the carrier, and the carrier shall be responsible for the delivery to the User, as follows:
- Products will be shipped and delivered to the User by the carrier, and he will be responsible for any delay in the delivery of the order;
- In case there is no one who receives and signs the confirmation in the "Place of Delivery", the logistic operator will not deliver any product;
- In this case, the User will be contacted by the carrier responsible for the delivery in question, as to reschedule with the carrier in order to deliver the ordered product.
7) A delivery is deemed as
accomplished or a product is deemed to be delivered at the moment there is a
signature of the delivery receipt at the agreed upon address.
X – RETURNS AND CANCELLATIONS
Cancellation of the order before sending:
1) The User may cancel the order of products without any associated cost, as long as they have not been sent yet.
2) If the User places an order and wishes to cancel it, our Customer Service should be immediately contacted and asked for the cancellation of your order by emailing email@example.com. Only after this procedure can the order be canceled. If the cancellation request is successful, the User will be notified by email of this decision and the cancellation will be processed at no cost to the User.
Return of defective products:
1) The User has the right to return the delivered products if it is found that they have defects or other nonconformities, and the return must be made within 14 days after receipt of the order. This does not affect your statutory rights. If your claim is justified, the price paid for the product will be refunded and will be contacted by the logistics company in order to schedule the day and time to return the defective product(s). For more information on how to proceed with the return and information about the chargeback, please see the Help / Frequently Asked Questions on the site.
1) The User may return the product(s) ordered up to 30 days after receipt, provided that:
a) Products have not been
b) Products retain their original characteristics and labels intact.
2) Expenses resulting from the return of the order are supported by the client. An email must be sent to firstname.lastname@example.org requesting the return of the order.
3) Once the returned product has been received, Ambar - Passion S.A.will analyze and confirm its conservation status and, where applicable, refund within a period of 15 (fifteen) days the amounts paid by the User without any expenses for it.
4) If the returned items are damaged or worn out, Ambar - Passion S.A.reserves the right not to accept the return and to refuse reimbursement.
1) Ambar - Passion S.A. does not proceed to product exchange and only accepts returns of deffective products.
XI – COLORS
Ambar - Passion S.A. will make every effort to ensure that the colors of the products appearing on the website www.ambar.pt be as precise and real as possible. However, as computer monitors vary, we can not guarantee that your monitor is showing the exact colors.
XII – COMPLAINTS
In view of the objective of continuous improvement of its services, Ambar - Passion S.A. will endeavour to meet and resolve complaints submitted by the User within 5 (five) business days, by emailing email@example.com.
XIII - GUARANTEES AND POST-SALE SERVICES
ambar products benefit from the compliance guarantee provided by the legislation applicable to the sale of consumer goods.
XIV - DISCLAIMER AND LIMITATION OF LIABILITY
1) Ambar - Passion S.A. does not guarantee the permanent availability of this service www.ambar.pt and, in particular, shall not be liable for damages arising directly or indirectly from the use or impossibility of using the Internet website for any reason, particularly in the case of unavailability of access, technical problems or errors in the telematic networks of data transfer, external intrusion or presence of computer viruses, nor assume any responsibility for technical problems that may occur in computer equipment used during the internet connection through said website.
2) Ambar - Passion S.A. will not assume any responsibility for any damages arising directly or indirectly from any situations, as such is understood as any event beyond the control of Ambar - Passion S.A. that prevents it in whole or in part, permanently or temporarily, to fulfill its obligations, namely strikes, power outages in the telecommunications services or any other services, fires, floods, impossibility to obtain products, materials or services, Suppliers or carriers and changes in legislation or administrative regulations.
3) Ambar - Passion S.A. is not responsible for any abusive use of the access data of the User to the site by third parties, data that are personal and non-transferable.
XV - GENERAL CONDITIONS MODIFICATIONS
Ambar - Passion S.A. reserves the right to change, at any time, the present General Conditions, after notification, considering them as effective after publication on the website www.ambar.pt.
1) The User authorizes the collection and computer processing of his personal data by Ambar - Passion S.A., including all the data disclosed at the time of registration on the website www.ambar.pt.
2) The data provided by the User is intended for registration on the website www.ambar.pt, access control, execution and management of contracts for the purchase and sale of ambar products.
3) The entity responsible for the processing of personal data is Ambar - Passion S.A. and such data may also be accessed by Ambar - Passion S.A. service providers, namely accounting and auditing companies.
4) The User may, at any moment, exercise the right of access and rectification of his data, in the User menu after login.
5) In the use of your personal data for advertising purposes, Ambar - Passion S.A. warns the User that part of his personal data may circulate in the network without security conditions, at the risk of being seen and used by unauthorized third parties
6) The User authorizes the collection of his/her personal data and its processing in order to allow the sending of orders and the execution of related administrative operations, including their monitoring and the provision of information to the User, also aiming at the elaboration of Statistical studies, promotional activities and direct marketing by Ambar - Passion S.A.
XVII – FORCE MAJEURE EVENT
Ambar - Passion S.A. shall not be liable for non-performance, or delay in performance, of any obligation arising out of the Contract which is due to an event beyond its reasonable control ("Force Majeure Event").
A Force Majeure Event comprises any event, act or omission beyond Seller's reasonable control and includes, in particular (but not exclusively) the following:
- Strikes, lock-outs and other work related actions
- Civil strife, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threatened by war preparations.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
- Impossibility of using public or private telecommunications networks.
- Laws, decrees, regulations or restrictions of the Government.
- Any strikes, interruptions or accidents affecting relevant postal or transport services.
obligation to comply with Ambar - Passion S.A. in any Contract
shall be suspended for the duration of an Event of Force Majeure and shall give
rise to an extension of its term equivalent to that duration. The seller will
make reasonable efforts to terminate a Force Majeure Event, or to find a
solution that will enable it to meet its contractual obligations despite the
existence of a Force Majeure Event.
XVIII – DURATION
1) These general conditions apply for the duration of the supplied of goods through the website www.ambar.pt.
2) The provisions of the previous paragraph do not affect the possibility of revision and/or subsequent alteration of these conditions.
3) Nullity of one or more general conditions does not exclude the application of the others nor does it imply the invalidity of the business.
XIX - PROOF AND ARCHIVE
1) The records kept in the information systems of Ambar - Passion S.A. shall be deemed proof as of the conclusion of the contract between the parties, and of the conditions under which it was concluded.
2) Archiving of supporting documents of the orders and invoices associated with them will be carried out on a reliable and durable medium.
XX - APPLICABLE LAW AND JURISDICTION
1) These General Conditions are subject to Portuguese Law.
2) Any questions or disputes arising out of these General Conditions or the contracts to which they apply or are a part, namely regarding their validity, effectiveness, interpretation, integration, application or compliance, shall be submitted to the exclusive jurisdiction of the Court of the County of Guimarães, With express waiver of any other.
3) In the event of a dispute, the consumer may resort to an Alternative Dispute Resolution Body, where the Consumer Conflict Arbitration Center is generally responsible for the consumer's domicile.
An European online dispute resolution platform is available to the consumer, accessible via the Internet site: http://ec.europa.eu/consumers/odr/