1.Scope and Object of the General Conditions of the Store

These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Blushouse Online Store Service, headquartered at Rua Fernão Mendes Pinto 81, 1esq, 2745-108 Queluz, under the unique registration and identification number of legal person nº 225367033 , hereinafter referred to as “Blushouse“.

The Service consists of providing, through the address https://www.blushouse.com/, access to the Online Store which, in addition to providing information regarding a set of products and/or services, allows the User, electronically, to order the products disclosed therein, under the terms and conditions described herein.

The order of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.

2. Product Information and Contents

Blushouse will do everything possible so that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has characteristics different from those shown online, you have the right to terminate the purchase contract under the applicable legal terms (right of free withdrawal – see point 9).

Blushouse will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for Blushouse to control, such as human errors or incidences in the computer systems, it is not possible to make available some of the products requested by the User . If any product is not available after placing the order, you will be notified by email or telephone. At that moment, you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment.

All information about price, products, specifications, promotional actions and services may be changed at any time by Blushouse.

3. Responsibilities

3.1 All products and services sold at the www.blushouse.com Store are in accordance with Portuguese law.

3.2 The Store has adequate levels of security, however Blushouse will not be responsible for any damage suffered by the User and/or by third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or faults caused by the communications network or communications services provided by third parties, by the computer system, by the modems, by the connection software or possible computer viruses or resulting from the download (“download”) through the service of infected files or containing viruses or other properties that may affect the User’s equipment. If, for any reason due to an error in accessing the Online Store’s website www.blushouse.com, it is impossible to provide the service, Blushouse will not be liable for any damages.

3.3 Data and information queries carried out within the scope of this Service are presumed to be carried out by the User, Blushouse declining any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 Blushouse will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to it as a result of fraud or gross negligence.

3.5 Blushouse is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of fraud or serious negligence, not being responsible in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damage caused by the fault of the User or third parties, including violations of intellectual property, (iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside Blushouse and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of Blushouse that prevent or jeopardize the fulfillment of obligations assumed.

3.6. Blushouse does not guarantee that:

i) the Service is provided uninterruptedly, is secure, error-free or runs infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to it;
iii) any material obtained in any way through the use of the Service is used at the User’s own risk, who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from this operation.
iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.

3.7. The User accepts that Blushouse cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if previously advised by the User about the possibility of the occurrence of such damage), resulting from:

i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute for goods/services;
iii) unauthorized access or modification of personal databases.

4. Consumer Obligations

4.1. The user undertakes to:

i) Provide personal data and correct addresses;
ii) Not to use false identities;
iii) Respect the imposed order limits.

4.2. If any of the data is incorrect or insufficient, and for that reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and Blushouse declines any responsibility. In case the consumer violates any of these obligations, Blushouse reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by Blushouse to the same User; and, furthermore, not allowing the User to access any or all services provided by Blushouse in the future.

4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.

5.1 Privacy and Protection of Personal Data

5.1. Blushouse guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified on the order form as being mandatory is essential for the provision of the Service by Blushouse. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to refusal to provide the Service by Blushouse.

5.3. The User’s personal data will be processed and stored by computer and are intended to be used by Blushouse within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the sale of lingerie or intimate items.

5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes set out in previous number, and for this purpose, contact the entity responsible for the processing of personal data: Blushouse.

5.5. The Internet is an open network, so the User’s personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for effect, and Blushouse cannot be held responsible for such access and/or use.

6. Cancellation of orders

6.1 At the request of the User

The User may cancel his order by requesting it to Blushouse through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After processing, Blushouse will try to deliver it, but the User has the option of not accepting it.

For the purpose of cancellation, the User must provide the following data to Blushouse:

a) Order number
b) NIF with which you placed the order and delivery address

6.2 By decision of Blushouse

Blushouse reserves the right not to process orders when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Blushouse reserves the right not to process any order or reimbursement, in the event that errors are found in the values and/or characteristics of the products, when these result from technical problems or errors beyond the control of Blushouse.

7. Return (Right of Termination)

7.1. The User, if he is a consumer, may exercise his right of withdrawal without being required to pay any compensation, within a period of 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.

To exercise this right, the User may use the form indicated below, indicating all his identification data, the subscribed service he intends to resolve and the subscription date. The communication must be made, by letter, through the return of the acquired good, or by another adequate and susceptible means of proof within the period defined above.

The consumer must, within a period of 14 (fourteen) days from the date of communication of the resolution, return the goods to Blushouse in the proper conditions of use.

Intimate articles are not subject to exchange for hygiene reasons.

Draft for free termination form (you should only complete and return this form if you want to terminate the contract)

– To [insert here the name, geographic address and, if applicable, the fax number and email address of the professional]:

– I hereby/we communicate (*) that I/we have resolved (*) of my/our (*) purchase and sale contract relating to the following good/for the provision of the following service (*) — Requested on (*)/received in (*) –

Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is served on paper). (*) Delete what does not matter.

The package must be returned complete, as it was delivered and accompanied by all the documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The package and documents indicated must be sent free of charge to the following address:

blushouse

Rua Fernão Mendes Pinto 81, 1st, 2745-108 Queluz

Or to another address previously indicated by Blushouse

If the User opts for other forms of return, the respective shipping costs will be their responsibility.

7.2. Upon receipt of the return at Blushouse, the User will be refunded the amount corresponding to the amount paid for the order (sales invoice amount). If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.

7.3. The refund method for the amount to be returned depends on the payment method used in the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is made up to 14 days after receipt of the will of free resolution and receipt of the return of the good.

7.4. In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.

8. Manufacturing defect

8.1. In the event of a “manufacturing defect”, that is, when faults are detected in the equipment that, in principle, do not fall within the scope of the respective guarantee, the User must return the equipment, together with a copy of the invoice and the “Order request” form. Exchange / Return of Equipment” completed, within a maximum period of 30 consecutive days from the date of the invoice, to the following address:

blushouse

Rua Fernão Mendes Pinto 81, 1st, 2745-108 Queluz

Or to another address previously indicated by Blushouse

If the User opts for other forms of return, the respective shipping costs will be their responsibility.

8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all components that constitute it, in excellent condition.

8.3. In the absence of any of the elements mentioned above, or if any of the items are not in excellent condition, no exchange will take place, and the product will be sent back to the User.

9.Guarantee

9.1. All equipment available in the Store is duly certified by the competent international entities.

9.2. The articles have a warranty period defined by the manufacturer, which in legal terms is at least 2 (two) years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.

9.3. Items covered by the guarantee, which are not in good condition, must be sent, with the respective proof of purchase and/or guarantee, to the following address:

blushouse

Rua Fernão Mendes Pinto 81, 1esq, 2745-108 Queluz

Rua Fernão Mendes Pinto 81, 1st, 2745-108 Queluz

Or to another address previously indicated by Blushouse

If the User opts for other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT Receipt that proves the shipment of the order.

10. Intellectual Property

10.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Blushouse.

10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

10.3. The User acknowledges that any content appearing in the publicity, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property and other property protection laws, whereby any use of these contents can only take place under the express authorization of the respective owners.

10.4. The User undertakes to fully respect the rights referred to in the previous number, namely refraining from performing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making such contents available to the public or any other unauthorized acts having the same contents as their object.

11.Service Security Conditions

11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation. applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of Blushouse suspending or deactivating the Service under the terms set out in point 14.

11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and as such, subject to computer overloads, so that Blushouse does not guarantee the provision of the Service without interruptions, loss of information or delays.

11.3. Blushouse also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unforeseeable nature, outside Blushouse and which cannot be controlled by Blushouse).

11.4. In the event of an interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Blushouse undertakes to regularize its operation as soon as possible.

12. Suspension and deactivation of the Store Service

12.1. Regardless of any prior or subsequent communication, Blushouse may, at any time, and in its sole discretion, discontinue providing the Service and/or part of the Service to one or all Users.

12.2. Blushouse also reserves the right to immediately suspend or terminate access to the Service in the following cases:

a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Blushouse ceases access to the Store, upon prior notice 15 days prior to the termination date.

12.3. The suspension or termination of the Service by Blushouse, under the terms of the previous numbers, does not matter the right of the User or third parties to any indemnity or other compensation, and Blushouse cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service.

12.4. In the situations described above, Blushouse will notify the User, in advance, so that the User can, if he so wishes, safeguard the content of his order viewing area within a period of 3 (three) working days from the sending of the e-mail or availability of the information on the main page of the Service.

13. Communications

13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User’s email address, by SMS or telephone contact .

13.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact telephone number and/or email address (“e-mail”) indicated in the ordering process.

At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.

Technical Settings

14.1. Without prejudice to the provisions of the following number, Blushouse may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and shall disclose such changes to the User at least 15 (fifteen) days in advance.

14.2. The current version of these General Conditions and their annexes is available on the website https://www.blushouse.com/

15. Communications

15.1. Whenever Blushouse deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate network settings.

15.2. Without prejudice to the provisions of the following numbers, and bearing in mind the innovative nature of the Service and the technological evolutions to which it may be subject, Blushouse may change its technical configurations whenever this proves to be convenient to adapt it to eventual technological developments.

15.3. Blushouse does not, however, guarantee the User that any upgrades or improvements to the Service will be carried out.

15.4. Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription, by the same, of Specific Conditions of Use.

Claims

16.1. The User may submit any contractual conflicts, to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Blushouse of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2. The complaint must be presented within a maximum period of 30 (thirty) days, counted from the User’s knowledge of the facts, being registered in the information systems of Blushouse, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days. days from the date of receipt.

Applicable law

The Contract is governed by Portuguese law.

The products sold in this store are exempt from VAT under article 53 of the CIVA