Conditions d’utilisation

TERMS OF SERVICE

OVERVIEW

This website is operated by Eternal Drift Unipessoal LDA, which trades as Skindelle. Throughout the site, the terms "we", "us" and "our" refer to Skindelle. Our contact details are in Section 20.

We offer this website, including all information, tools and Services available from it, to you, the user, on the condition that you accept all the terms, conditions, policies and notices stated here.

By visiting our site and/or buying something from us, you use our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms, conditions and policies referred to here and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms carefully before you access or use our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions in these Terms, you should not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Nothing in these Terms limits or excludes the rights you have as a consumer under the law. If any part of these Terms, or of any policy they refer to, conflicts with those rights, your legal rights prevail. Section 13 explains this in more detail.

Any new features or tools added to the current store are also subject to these Terms. You can review the current version of the Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates and/or changes on our website. Please check this page from time to time for changes. Section 19 explains how changes apply.

Our store is hosted on Shopify Inc. Shopify provides the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1. ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your country of residence. If you allow any of your minor dependants to use this site, you confirm that you are the age of majority in your country of residence and that you consent to their use of this site.

You may not use our products for any illegal or unauthorised purpose. When you use the Service, you may not break any law in your jurisdiction (including, without limitation, copyright law).

You must not transmit any worms or viruses or any code of a destructive nature.

If you breach any of these Terms, we may end your use of the Services immediately. This does not affect orders we have already confirmed or your legal rights as a consumer.

SECTION 2. GENERAL CONDITIONS

We may refuse service to anyone, for any reason, at any time. This does not affect orders we have already confirmed.

You understand that your content (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in these Terms are included for convenience only. They do not limit or otherwise affect these Terms.

SECTION 3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The general information on this site, such as articles and guides, is provided for general information only. It should not be relied on as the only basis for decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance on that general information is at your own risk.

This does not apply to the product descriptions, prices and other order information on which you base a purchase. That information forms part of our agreement with you, and the products we deliver will match it.

This site may contain certain historical information. Historical information is not current and is provided for your reference only. We may modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without notice. The price that applies to your order is the price shown when you place the order.

We may modify or discontinue the Service (or any part or content of it) at any time without notice.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. This does not affect orders we have already confirmed.

SECTION 5. PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available only online through the website. These products or Services may have limited quantities. Returns and exchanges are governed by our Refund Policy, available here: https://www.skindelle.com/policies/refund-policy, and by your legal rights set out in Section 13.

We have made every effort to display the colours and images of our products that appear in the store as accurately as possible. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We may, but are not obliged to, limit the sale of our products or Services to any person, geographic region or jurisdiction. We may exercise this right case by case. We may limit the quantities of any products or Services that we offer. All product descriptions and product prices may change at any time without notice, at our sole discretion. Such changes do not affect orders we have already confirmed. We may discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

The products we sell are covered by the legal guarantee of conformity described in Section 13. We do not guarantee that any errors in the Service (the website) will be corrected.

SECTION 6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will notify you using the email address and/or billing address or phone number provided at the time the order was made. If we cancel an order you have already paid for, we will refund the full amount you paid. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: https://www.skindelle.com/policies/refund-policy

SECTION 7. OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. Subject to Section 13, we have no liability arising from or relating to your use of optional third-party tools.

Any use you make of optional tools offered through the site is entirely at your own risk and discretion. You should make sure that you are familiar with, and approve of, the terms on which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services are also subject to these Terms.

SECTION 8. THIRD-PARTY LINKS

Certain content, products and Services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those websites. We do not warrant, and will not have any liability or responsibility for, any third-party materials or websites, or any other materials, products or services of third parties.

Subject to Section 13, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.

SECTION 9. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and will be under no obligation (1) to keep any comments confidential, (2) to pay compensation for any comments, or (3) to respond to any comments. Any personal information in your comments is handled under our Privacy Policy (Section 10).

We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, available here: https://www.skindelle.com/policies/privacy-policy

SECTION 11. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We may correct any errors, inaccuracies or omissions, and change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order). If we cancel an order for this reason, we will tell you and refund in full any amount you paid.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12. PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to ask others to perform or take part in any unlawful acts; (c) to violate any international, European Union, national or local law, rule or regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We may end your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13. WARRANTIES, OUR LIABILITY AND YOUR STATUTORY RIGHTS

13.1 Legal guarantee of conformity. The products we sell to consumers are covered by the legal guarantee of conformity under Portuguese law (Decreto-Lei n.º 84/2021, of 18 October). We are responsible for any lack of conformity that becomes apparent within three years from delivery of the product. If a product is not in conformity, you have the right, under the conditions set out in that law, to have it brought into conformity by repair or replacement, to a proportionate reduction of the price, or to end the contract. If the lack of conformity becomes apparent within 30 days after delivery, you may ask for the product to be replaced immediately or for the contract to be ended. To use these rights, contact us at hello@skindelle.com.

13.2 Right of withdrawal. If you are a consumer, you may withdraw from a purchase without giving any reason within 14 days. The 14 days start on the day you, or a person you name other than the carrier, receive the products. If one order arrives in several deliveries, the 14 days start on the day you receive the last one. You can tell us of your decision by any clear statement, for example by email to hello@skindelle.com. The right of withdrawal does not apply to (a) sealed products that are not suitable for return for health protection or hygiene reasons and that were unsealed after delivery, or (b) products made to your specifications or clearly personalised. Our Refund Policy explains how returns work in practice. Where our Refund Policy and the law differ, the law prevails.

13.3 The website. We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not guarantee that the results that may be obtained from the use of the website will be accurate or reliable. We may remove the website for indefinite periods of time, or stop offering it, at any time and without notice to you. This does not affect orders we have already confirmed.

13.4 Our liability. We are liable to you under Portuguese law for loss or damage caused by our breach of these Terms or of the law. Nothing in these Terms excludes or limits our liability where the law does not allow it to be excluded or limited.

13.5 Your statutory rights. Nothing in these Terms excludes or limits the rights you have as a consumer under Portuguese law or under the mandatory law of your country of residence, including the legal guarantee of conformity and the right of withdrawal. Any term in these Terms, or in any policy they refer to, that would exclude or limit those rights does not apply to you.

SECTION 14. YOUR RESPONSIBILITY

If you breach these Terms or the documents they incorporate by reference, or you violate any law or the rights of a third party, you are responsible under Portuguese law for the loss this causes us. This includes loss we suffer because a third party makes a claim against us as a result of your breach or violation.

SECTION 15. SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision does not apply. This does not affect the validity and enforceability of the remaining provisions.

SECTION 16. TERMINATION

The obligations and liabilities of the parties incurred before the termination date survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by you or by us. You may terminate these Terms at any time by telling us that you no longer wish to use our Services, or when you stop using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice. You remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part of them). Termination does not affect orders we have already confirmed or your legal rights as a consumer.

SECTION 17. ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect of the Service make up the entire agreement and understanding between you and us and govern your use of the Service. They replace any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms).

Where there is doubt about the meaning of a term in these Terms, the interpretation most favourable to you as a consumer prevails.

SECTION 18. GOVERNING LAW

These Terms and any separate agreements under which we provide you Services are governed by and interpreted in accordance with the laws of Portugal. If you are a consumer living in another country, this choice of law does not deprive you of the protection given to you by the provisions of the law of your country of residence that cannot be excluded by agreement, where that law would otherwise apply to our contract.

SECTION 19. CHANGES TO THE TERMS OF SERVICE

You can review the current version of the Terms at any time on this page.

We may, at our sole discretion, update, change or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after we post any changes to these Terms constitutes acceptance of those changes. The version of these Terms in force when you place an order applies to that order.

SECTION 20. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@skindelle.com.

Our contact information is below:
Eternal Drift Unipessoal LDA (Skindelle)
Rua do Prior 26, 3E, 1200-757 Lisboa, Portugal
Email: hello@skindelle.com
NIPC: 518781321

SECTION 21. COMPLAINTS AND DISPUTE RESOLUTION

Complaints. You can send any complaint to hello@skindelle.com.

Alternative dispute resolution. We have not adhered to any alternative dispute resolution (RAL) entity. If we cannot resolve a dispute with you, you can contact one of the following consumer arbitration centres:
(a) Centro de Arbitragem de Conflitos de Consumo de Lisboa (CACCL), for contracts concluded in the Lisbon Metropolitan Area. Website: www.centroarbitragemlisboa.pt
(b) Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (CNIACC), which acts across Portugal in areas not covered by a regional arbitration centre. Website: https://www.cniacc.pt

Consumer disputes of low economic value (disputes whose value does not exceed the limit, or "alçada", of the Portuguese courts of first instance) are subject to arbitration or mediation at a legally authorised consumer arbitration centre when you, as a consumer, expressly choose to submit them there.

The Direção-Geral do Consumidor publishes the list of RAL entities at www.consumidor.gov.pt