Terms and conditions

1. INTRODUCTION 

This document regulates the terms and conditions of use of this website (www.fuxia-store.com) and the purchase of products on it.

You should carefully read the conditions, as well as the cookies and privacy policies. 
If you do not agree with these conditions and policies in their entirety, you should not use this website. 
These conditions are liable to be changed, so we advise you to read them before placing any order. In case of doubt, you can contact us through the contact form or through Customer Support.


2. OUR DATA

This website is run under the name FUXIA by Brands Leaders, SA, a portuguese company registered at the Commercial Registry Office of Braga under the number 509 214 029, which is also the identification number of a legal person (NIPC), with headquarters at Parque Industrial Monte Rabadas, 4720-608 Prozelo Amares (Portugal).


3. DATA PROTECTION

The information or data provided by the customer will be treated in accordance with the provisions of the Privacy Policy. By using this website, the customer is consenting to the processing of said information and data and declares that all information or data that he provides to us is true and corresponds to reality.


4. USE OF THE WEBSITE

These conditions are the conditions applicable to the use of this website and prevail over any other conditions, except in case of agreement, given previously in writing.

When placing an order, the user confirms that he has read these Terms, which he accepts without any reservation.

  • The user accepts that:
  • You can only use this website to make inquiries or orders that are legitimate;
  • You will not place orders of a speculative, false or fraudulent nature. If we have reasonable reason to believe that a particular order is of that nature, we reserve the right to cancel it and to inform the competent authorities;
  • You will be obliged to indicate an email address, postal address, or the data relating to another form of contact, which are correct and complete and accept that you can be contacted using these data, if necessary.

If you do not provide us with all the necessary information, it may not be possible to complete your order and/or guarantee a quality service.

When placing an order through this website, the user declares that he is over 18 years of age and that he has the legal capacity to make contracts.


5. CONTENT INFORMATION

The website www.fuxia-store.com is for private use only. The reproduction, transfer, distribution or storage of the contents of the www.fuxia-store.com website without prior written authorization is prohibited for purposes other than strictly personal use. Fuxia reserves the right to modify at any time the information presented on: products, promotions, commercial conditions and services.


6. FORMATION OF THE CONTRACT

The information contained in these conditions does not constitute a sale proposal, but rather the conclusion of a purchase and sale contract. If the order is not accepted after any debit has been made to the user's account, the respective amount will be refunded in full.

To place an order you must follow the online purchase process and select "PAY WITH SECURITY". You will then receive an email confirming that your order has been received (Order Confirmation). You should be aware that this does not mean that your order has been accepted. The order constitutes only a proposal to purchase one or more of our products.

Any order is subject to the respective acceptance, which will always be confirmed by sending an email communicating the shipment of the product(s) - Shipping Confirmation.

The sale and purchase contract will only be formalized with the communication of the Shipment Confirmation and will only concern the products mentioned in it.


7. PRODUCT AVAILABILITY

The product catalog presented on this website is independent of physical stores, both in terms of price and stock quantities. All promotional campaigns have limited and exclusive stock for online sale. In case of product unavailability or out of stock, you will be informed of the partial or total cancellation of your order with the right to a refund of the respective amount paid, within a maximum period of 14 days..


8. DELIVERY

Fuxia ships orders throughout the European Union.

The carriers with which we have protocols deliver on business days, between 8 am and 7 pm, to the address indicated to us. 
The risk of damage or loss is passed on to the buyer at the time of delivery or, if wrongly refusing delivery when it is attempted, or if the data provided is not correct. 

Difficulties in delivering

Surcharges may apply if the buyer is not present at the time and place of delivery.

If the carrier is unable to deliver the order, it will try again the next day or contact you to schedule a new delivery.

As long as they are available (see clause 7), we will do our best to ensure that, except in the event of exceptional circumstances, the products included in a Shipping Confirmation are delivered within the stated period, or if there is no indication of it, in the within 15 days from the date of the Order Receipt Confirmation. 
Possible reasons for the delay include:

  • Specialized products;
  • Unforeseen circumstances;
  • Delivery area;
  • Wrong or incomplete delivery address

If, for any reason, it is not possible to deliver on the scheduled date, the user will have the option of keeping the order by extending the delivery term or proceeding with its cancellation against full refund. The user should take into account that, in any case, deliveries are not made on Saturdays or Sundays.

For the purposes of these conditions, a "delivery" is considered to be made or a product is considered "delivered" with the signature of the delivery receipt at the agreed address.

You can check the zones, prices and delivery times by clicking on this link.


9. RISKS AND PROPERTY

From the moment of delivery, the risks related to the product supplied will be borne by the user. 
Ownership of the supplied products will only be transferred to the user when we receive full payment of the amounts due for the supply of the product, including delivery charges, or after delivery, whichever is the last.


10. PRICE AND PAYMENT

Except in case of evident error, the price of the products will be what is indicated at each moment on our website. Although we always try to ensure that all prices indicated on the website are correct, errors may occur. If we find that the price of a product in an order is wrong, we will inform the user as soon as possible, giving the possibility to choose between confirming the order again at the correct price or proceeding with the respective cancellation. If it is impossible to contact the user, the order will be canceled and the user will be refunded for the full amount of the order, if he has already paid for it.

We will not be obliged to supply any product at an incorrect price (if lower), even if a Shipping Confirmation has already been issued, if the error is notorious, unambiguous and could have been identified by the user in reasonable circumstances. 
The prices indicated on this website include VAT, but do not include delivery costs, which will be added to the final price (if applicable).

We reserve the right to refuse orders of large size or value. All prices and quantities available are subject to change at any time, but, except as noted above, this change will not affect orders for which a Shipping Confirmation has already been sent.

When the user has finished their purchases, all products they wish to purchase will be added to your cart. The next step will be selecting the delivery method and making the payment. For this purpose, you have to:

  1. Click on the “CART” icon at the top of the page.
  2. Click on the "CHECKOUT" button.
  3. Click on the "CONTINUE" button
  4. Fill in or confirm the data relating to your contacts, your order, billing address, shipping address, shipping method and payment method;
  5. Select “PAY WITH SECURITY”;
  6. Proceed to payment.

You can pay with Visa, Maestro, American Express, through MBWay or through a Paypal account. We use the company Hipay to process the payment by credit card, PayPal Business Services for payments with PayPal and SIBS for payments with MBWay.

By making the payment the user is confirming that he is the holder of the card or the PayPal account. 
Credit cards are subject to validation checks and authorization by the credit card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery and we will not be able to make a contract with the user.


11. VALUE ADDED TAX

In accordance with the rules and regulations in force, purchases made through this website are, where applicable, subject to the Portuguese Value Added Tax (VAT) rate in force.


12. RIGHT OF FREE RESOLUTION

The user who contracts as a consumer can freely terminate the Contract within 30 days from the date of delivery of the products. In this case, the user will be refunded for the full price paid for the products, in accordance with the provisions of the “Return Conditions” (see below) and on the “Returns” page.

Please see in the "Returns" page how to proceed with the return of products. The right to terminate the Contract will only take place if the products are returned in the same state in which they were received by the user. It must return it with all instructions, documents and packaging materials. Any damaged product, which is not in the same condition in which it was received by the user, or which has signs of use beyond the mere opening of the respective packaging will not be refunded.

Please take care when handling the product(s) while they are in your possession and keep the original boxes, instructions, documents and other packaging materials in your possession, for later return and collection of products.

More detailed information on the right to terminate the contract and the explanations relating to the respective exercise are the subject of clause 12 of these conditions. This provision does not affect any rights resulting from the law.


13. RETURNS

To see the return conditions, click on this link.


14. LIABILITY AND EXCLUSIONS

Our liability regarding any product purchased through this website is limited to the respective purchase price only.

Nothing in these conditions has the effect of excluding or limiting our liability:

  • For death or personal injury caused by your negligence; 
  • For fraud or fraudulent misinformation; 
  • Regarding any matter where the exclusion or limitation, or the attempt to exclude or limit our liability is illegal.

Without prejudice to the provisions of the preceding paragraph, to the maximum extent permitted by law and unless otherwise stated in these conditions, we reject any liability for indirect losses or damages, which occur as a consequence of the main losses or damages, even if originated by the practice of unlawful, contractual or non-contractual, including mere negligence, whether or not it was foreseeable, for example by way of:

  • loss of business;
  • loss of income;
  • loss of results or contracts;
  • loss of profit;
  • data loss;
  • management time and hours of activity.

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

All product descriptions, information and materials on this website are made available in their precise terms ("as is") and without any guarantee of express, implicit or consequent compliance for any reason.

To the maximum extent permitted by law, we do not assume any type of guarantee, without, however, this implying the exclusion of liability that cannot be legally removed under the scope of consumer rights.

Nothing contained in this clause prejudices the user's legal rights as a consumer, nor does it affect his right to terminate the Contract.


15. INTELLECTUAL PROPERTY

The user acknowledges and accepts that all rights of intellectual property rights, relating to any and all material and content that is part of this website remain at all times in our ownership or that of our licensors. The user is allowed to use said material only within the limits expressly authorized by us or by our licensors. This does not prevent the user from using this website to obtain a copy of an order or the terms of the Contract.


16. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to users must be in written form. By making use of this website the user accepts that the communication revised mainly in electronic form. We will contact the user by email or provide information by posting warnings on this website. For contractual purposes, the user accepts this means of communication electronically and acknowledges that any contracts, warnings, information and other communications that we transmit electronically satisfy the legal requirement that such communications be made in writing. This provision does not prejudice any rights of the user, which result directly from the law.


17. COMMUNICATIONS

All communications from the user to Fuxia must be sent via email, phone, chat available on the website, social networks, or via the contact form. Without prejudice to the provisions of clause 16, we may contact the user either by email or by post to the address on the order.

Any communication will be taken for granted the moment the customer enters the website, 24 hours after sending an email, or on the third day following the date of its sending by post. For proof of sending a communication, in the case of a postal item, it is enough to prove that the respective letter was addressed correctly, sealed and delivered to the post office and, in the case of sending by email, that the same email was sent to the address email address specified by the user.


18. TRANSMISSION OF RIGHTS AND OBLIGATIONS

The Agreement is binding on the parties and their successors and assigns.

The user will not be able to transfer, assign or encumber his contractual position, or by any other means to dispose of the Contract or any rights or obligations arising from it, without our prior written consent.

We may transfer, assign or encumber your contractual position, subcontract or otherwise dispose of the Contract or any rights or obligations arising therefrom, at any time during its term. However, any transfer, assignment or encumbrance of such position, or act of contract provision, may have the effect of limiting the user's legal rights as a consumer or reduce, or limit in any way, any guarantee provided by us to the user of express or implied.


19. REASONS FOR FORCE MAJEURE

We will not be responsible for non-compliance, or delay in performance, of any obligation arising from the Contract that is due to an event beyond its reasonable control ("Force Majeure Event").

A Force Majeure Event comprises any event, act or omission, beyond our reasonable control and includes, in particular (but not exclusively), the following:

  • Strikes, lock-outs and other labor actions
  • Civilian uprisings, turmoil, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
  • Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
  • Impossibility of using railways, sea, air, road or other public or private means of transport.
  • Impossibility of using public or private telecommunications networks.
  • Government laws, decrees, regulations or restrictions.
  • Any strikes, interruptions or accidents that affect relevant postal or transport services.

Our obligation to comply with any Contract will be suspended for the duration of a Force Majeure Event and will result in an extension of the respective term equivalent to that duration. We will make reasonable efforts to terminate a Force Majeure Event, or to find a solution that will enable us to fulfill our contractual obligations despite the existence of a Force Majeure Event.


20. RENOUNCE

If, at any time during the term of the Contract, we refrain from demanding strict compliance with any obligation that the user derives from the Contract or these conditions, or from exercising any right or power provided for in them to put an end to such non-compliance, this will not it will constitute a renounce of those rights and powers and will not exempt the user from the fulfillment of his obligations.

Our renounce of the exercise of any right or power, in the event of a particular situation of non-compliance by the user does not mean renounce of rights or powers in the event of a subsequent situation of non-compliance.

Our renounce of any right resulting from the Contract or these conditions will only be effective if it is contained in a written communication sent to the user in the manner provided for in the Communications clause, where the user expressly declares that he renounces.


21. REDUCTION

The declaration of invalidity, illegality or ineffectiveness, by the competent authority, of any of the provisions of these Terms and Conditions will not affect any of the remaining provisions, which will continue in full force.


22. FULL AGREEMENT

The present conditions and any document referred to therein constitute the full agreement established between the parties regarding the formation of a Contract and prevail over any previous agreement, understanding or combination, in written or oral form.

Both parties acknowledge that, when entering into the Contract, neither of them based their motivation on a declaration, commitment or promise made by the other, or that it could be considered implicit in something that had been said or written in negotiations between the parties at the time prior to the execution of the Contract, except when the contrary results from these conditions.

Neither party may take advantage of the fact that the other has produced an untrue statement, either orally or in writing, prior to the conclusion of a Contract (except when such statement has been made with fraud) and can only rely on the rules of non-compliance contractual agreement resulting from these conditions.


23. CHANGES TO TERMS AND CONDITIONS

We are entitled to change these Terms and Conditions at any time. The user is subject to the principles and terms in force on the date of his order, unless the law or the competent authority imposes any changes to them (and such changes are applicable to orders already placed)


24. APPLICABLE LEGISLATION AND JURISDICTION

Sale and purchase contracts of products through this website are regulated by Portuguese law. Any dispute arising out of or related to these Contracts is subject to the non-exclusive jurisdiction of the Portuguese courts. 
The provisions of this clause do not prevail over any legal rights of the user as a consumer.


25. ALTERNATIVE DISPUTE RESOLUTION

The EU Commission provides on its website the following link to the ODR platform:

https://ec.europa.eu/consumers/odr

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

We are not obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.


26. CAMPAIGNS

To see the conditions relating to promotional campaigns, click on this link.


27. FEEDBACK

We appreciate the comments and opinions of the users. You can send them through our contact form or via email.