This document governs the terms and conditions of the use of this website and the agreement between us (Fuxia / Trader/ we / our) and You (the user). These terms and conditions contain the rights and obligations of all users and of Fuxia regarding the goods/services offered on this website or on any other website to which there is a hyperlink (Fuxia services).
Before pressing the "CONFIRM ORDER" button at the end of the order operation, you should read these terms and conditions carefully. If you do not agree to these terms and conditions in full, you should not place any order.
These terms and conditions may be altered so you should read them before placing any order.
If you have any doubts about these terms and conditions, please contact us using our Web page through the electronic form.
Brands Leaders SA, which trades under the Fuxia mark is a Portuguese company, registered in the Conservatória do Registo Comercial de Braga with the number 509 214 029 with head offices at Parque Industrial Monte Rabadas, 4720-608 Prozelo Amares (Portugal).
Our VAT number is PT 509 214 029.
2. USE OF THIS SITE
These terms and conditions are the only conditions that apply to the use of this website and prevail over any other conditions, except in the case of the express agreement of the Trader given previously in writing. These terms and conditions are important for both parties since they protect the user's rights as a customer and our rights as the Trader and aim to establish a legal agreement that binds the parties in a valid manner.
By placing an order, the user confirms that they have read these terms and conditions and that they accept them without any reservations. The user accepts that:
They can only use this website for legitimate consultation or orders.
They will not place any speculative, false or fraudulent orders. If we have reason to believe that a certain order is of this nature, we reserve the right to cancel it and inform the proper authorities.
They must give an email address, postal address, or the details of another form of contact that are correct and complete and accept that the Trader can contact them using these details if necessary.
If they do not provide the Trader with all the information it considers necessary, it may not be able to conclude the order and/or ensure a quality service.
By placing an order through this website, the user declares that they are of legal age and have the legal capacity to enter into contracts.
3. PURPOSE OF THE CONTRACT
The information in these terms and conditions is not a sales proposal but a simple invitation to negotiation. No agreement regarding the products mentioned will be established between the Trader and the user without the Trader having accepted the order (regardless of whether the user's account has been debited or not). If the order is not accepted after any user account has been debited, the respective amount shall be returned in full.
In order to place an order, you must follow the online purchase process and press the "CONFIRM ORDER" button.
Then you get an email confirming that the Trader received your order (the "Confirmation of Order"). You should note that this does not mean that your order has been accepted. The order is just a purchase proposal for one or more of our products.
Any order is subject to the respective acceptance by the Trader, which is always confirmed by sending an email saying the products have been shipped - Shipping Confirmation.
The purchase and sale agreement between the Trader and the user (Contract) is only finalised with the Shipping Confirmation communication. The Contract only covers the products mentioned in the Shipping Confirmation. The Trader is under no obligation to supply any other products that may be contained in the order until the shipping is covered in another Shipping Confirmation.
The www.fuxia-store.com site is for private use only. Reproduction, transfer, distribution or storage of the contents of www.fuxia-store.com without prior written permission 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.
The product catalog presented in the Fuxia online store is independent of physical stores, both price level and stock quantities. All promotional campaigns have limited and exclusive stock for the online store. In case of unavailability of the product or stock breach, you will be informed of the partial or total cancellation of your order with the right to reimbursement of the amount paid.
5. PRODUCT AVAILABILITY
Fuxia online store sends orders within the deadline mentioned when you choose the delivery method. The transporters we have agreements with make their deliveries Monday to Friday between 8AM and 7PM at the address you request.
- Portugal (Mainland): The delivery time is approximately 24 hours or, by default, a maximum term of 3 days, but we cannot guarantee delivery within these time frames.
- Azores and Madeira: The delivery time is approximately 6-9 days or, by default, a maximum term of 10 days, but we cannot guarantee delivery within these time frames.
- Spain (Mainland): The delivery time is approximately 2-5 days or, by default, a maximum term of 7 days, but we cannot guarantee delivery within these time frames.
- France, Monaco, Germany: The delivery time is approximately 3-6 days or, by default, a maximum term of 8 days, but we cannot guarantee delivery within these time frames.
- Belgium, the Netherlands, Poland, Austria, Czech Republic: The delivery time is approximately 3-6 days or, by default, a maximum term of 8 days, but we cannot guarantee delivery within these time frames.
- Switzerland, Luxembourg, Slovenia, Denmark, Slovakia: The delivery time is approximately 3-7 days or, by default, a maximum term of 8 days, but we cannot guarantee delivery within these time frames.
- Hungary, Ireland, Italy, Lithuania, Sweden, Estonia, Latvia, Corsica: The delivery time is approximately 4-7 days or, by default, a maximum term of 10 days, but we cannot guarantee delivery within these time frames.
- Croatia, Finland, Romania, Norway, Bulgaria, Serbia, Bosnia and Herzegovina: The delivery time is approximately 6-9 days or, by default, a maximum term of 10 days, but we cannot guarantee delivery within these time frames.
- Greece (includes island of Crete and excludes the rest): The delivery time is approximately 6-9 days or, by default, a maximum term of 10 days, but we cannot guarantee delivery within these time frames.
The indicated delivery times are considered after the date of confirmation of payment of the order and refer to business days.
Surcharges may apply if the buyer is not present at the time and place of delivery;
The risk of damage or loss is transmitted to the buyer at the time of delivery or if he is wrongly refused delivery when it is attempted or if the data provided is not correct;
The ownership of the assets is not transferred to you until we receive the corresponding payment.
Follow your order
When your order is shipped, you get a code in your email so you can locate it on the transporter's site or you can access your customer area, on “MY ORDERS”, and clicking on the "TRACK ORDER" option. If you have any difficulty in locating your order, please contact us by email firstname.lastname@example.org
Click here to follow your order.
Difficulties in delivering an order
If the transporter cannot deliver an order, they try again the next day or get in touch with you to schedule a new delivery
Click here to track your order.
6. REFUSING AN ORDER
The Trader is not liable towards the user or any third party for the removal of any product shown on this website, for the alteration or elimination of any materials or contents on this website or for any refusal to conclude the processing or acceptance of any order that has had the Order Confirmation sent.
7. RIGHT OF FREE RESOLUTION BY THE USER "Cooling OFF"
A user who contracts as a consumer can freely cancel the Contract within 14 days as of the date the products are delivered. In this case, the user is fully refunded the amount paid for the products in accordance with the Return Conditions (see below) and on the “Returns” page.
Please see how to return products in the “Returns” page. The right to cancel the Contract requires that the products are returned in the same state as the user received them. They must return the goods with all the instructions, documents and packaging materials. Any damaged product, that is not in the same conditions as it was received by the user, or that has signs that it has been used other than just by opening the package, will not be refunded.
Please take care handling the product(s) when they are in your possession and keep all the original boxes, instructions, documents and other packaging materials for later return and collection of the products.
More detailed information about the right to cancel the contract and the explanations regarding how to do so are covered in clause 12 of these Terms and Conditions. This provision does not prejudice any legal rights.
If they are available (see clause 4 above), the Trader makes every effort to ensure that, except in exceptional circumstances, the products on the Shipping Confirmation are delivered to the user within the announced time or, if there are no indications about it, within 15 days of the Date of the Order Confirmation.
Delays may be caused by:
- Specialised products;
- Unforeseen circumstances;
- Delivery area;
- Wrong or incomplete delivery address.
If, for any reason, the Trader cannot deliver on the foreseen date, the user can decide whether to keep the order, despite the delay, or cancel the order and get a full refund. The user should take into account that in either case, the Trader does not deliver on Saturdays or Sundays.
For the purpose of these Terms and Conditions, a "delivery" is considered to have been made or a product is considered to have been "delivered" with the signature of the delivery receipt at the agreed address.
Alternatively, if you live in a country not listed here, but would still like to make an online order from us, please feel free to reach out to us through our contact form so that we can analyze the specific situation.
Click here to find out more about shipping methods and expected delivery times.
9. RISKS AND PROPERTY
As of the moment of delivery, the user is liable for the risks regarding the supplied product.
Ownership of the supplied products is only transmitted to the user when the Trader receives full payment of the amounts owed for supplying the product, including delivery costs or after the delivery, depending on which happens last.
10. PRICE AND PAYMENT
Except in the case of an obvious mistake, the price of the products is as shown at any time on our website. Even though the Trader tries to ensure that all the prices that are shown on the website are correct, mistakes can happen. If the Trader sees that the price of a product in an order is wrong, it informs the user as soon as possible, giving them the possibility to either reconfirm the order at the correct price or cancel it. If the user cannot be contacted, the order is considered to have been cancelled and the user is refunded the total amount of the order if they have already paid.
The Trader has no obligation to supply any product at an incorrect price (if lower), even if a "Shipping Confirmation" has already been sent, if the mistake was obvious, unequivocal and should have been noticed by the user under reasonable circumstances.
The prices shown on this website include VAT (when applicable), but do not include delivery costs, which are added to the final price.
We reserve the right to refuse orders of a large size or amount. All prices and available quantities can be altered at any time but, except as mentioned above, this alteration does not affect orders that a Shipping Confirmation has already been sent for.
When a user has finished their purchases, all the products they want to buy are entered into their cart, the next step is to select the delivery method and make the payment. Therefore, they must:
- Click on "CART" at the top of the page.
- Click on the "GO TO THE CART" button.
- Click on the "VALIDATE CART" button.
- Enter or confirm the details about their contacts, their order, payment address, shipping address, transport and form of payment.
- Press the CONFIRM ORDER button
- Proceed to the payment.
You can pay with Visa, Maestro or American Express cards, MBWay (Portugal only) or through a PayPal account. The Trader uses Hipay to process credit card payments, PayPal Business Services for processing PayPal payments and SIBS to process MBWay payments.
When making the payment, the user is confirming that is the holder of the credit card or the PayPal account.
The credit cards are subject to a check of the validation and authorisation by the issuers, but if the card issuer does not authorise the payment, the Trader is not liable for any delay or lack of delivery and cannot enter into a Contract with the user.
11. VALUE ADDED TAX
In accordance with the rules and regulations in force, purchases made on this website are subject to Value-Added Tax (VAT) where applicable.
The prices for sale to the public, either an individual or another company include Value-Added Tax (VAT) where applicable.
12. RETURN CONDITIONS
General rule for returns
If a user wants to return a product, they should check the page “Returns”.
The user must return the product in the same packaging as used in the first delivery. The user should send all the boxes, instructions/documents and original packaging materials with the product to be returned whenever possible. The Trader inspects the returned product. Any product that has been damaged, that is not in the same conditions as the user received it or shows signs of being used apart from just opening the package, does not allow for the right of cancellation and refund.
The refund is made within maximum 14 business days after accepting the return. The refund of any amount paid is always by the same method as used in the purchase of the product.
These provisions do not prejudice any of the user's rights under the law.
Return of defective products
If a user believes a product they have been sent is not in accordance with the Contract, they should contact the Trader using the electronic form as quickly as possible, saying the state of the product and the respective defects.
The Trader shall inspect the returned product and inform the user of the right to a replacement or a refund (if that is the case) by email in a reasonable period of time. Generally, the Trader makes the refund or replacement as soon as possible and, in any case, within 14 days of the confirmation by email that the user has the right to the refund or replacement of the defective product. Products that the user returns because of a defect, if this is confirmed, are refunded for the total amount paid, including shipping fees and return expenses. The refund of any amount paid is always by the same method as used in the purchase of the product.
The user can return the products up to 30 days after the delivery date, without any justification (except in the case of products made to their own specifications or customized).
The user must return the product in the same packaging as used in the first delivery. The user should send all the boxes, instructions/documents and original packaging materials with the product to be returned whenever possible. The Trader inspects the returned product. Any product that has been damaged, that is not in the same conditions as the user received it or shows signs of being used apart from just opening the package does not allow for the right of cancellation and refund.
15. LIABILITY AND EXCLUSIONS
The Trader's liability regarding any product acquired through this website is exclusively limited to the respective acquisition price.
No provision in these Terms and Conditions excludes or limits the Trader's liability:
- For death or personal injury caused by its negligence;
- For fraud or fraudulent wrong information;
Regarding any matter where the exclusion or limitation, or the attempt to exclude or limit the Trader's liability is illegal.
Notwithstanding the provision in the previous paragraph, the Trader rejects any kind of liability for indirect damages or losses that occur as a consequence of the main damages or losses even if caused by illicit, contractual or extra-contractual practices, including mere negligence, whether or not it was foreseeable, to the full extent permitted by law and except when established otherwise in these Terms and Conditions, such as:
- Loss of business;
- loss of revenue or income;
- loss of earnings or contracts;
- lost profit;
- loss of data;
- loss of management time and hours of activity.
Due to the open network nature of this website and the possibility of an error in the storage and transmission of digital information, the Trader does not guarantee the accuracy or security of the information transmitted or obtained through it, unless expressly mentioned here to the contrary.
All the descriptions of the products, information and materials given on this website are provided in their precise terms ("as is") and without any guarantee of express or implicit conformity or as a result of any reason.
The Trader does not issue any kind of guarantee, without that, however, this implies the exclusion of liability that cannot be legally removed under the scope of consumer rights, with the full extent permitted by law.
Nothing in the provisions in this clause prejudices the user's legal rights as a consumer, nor do they affect their right to resolve the Contract.
16. INTELLECTUAL PROPERTY
The user recognises and accepts that all the intellectual property rights regarding all and any material and content that is part of this website remain the property of the Trader or their licence holders at all times. The user is only allowed to use the material within the express limits authorised by the Trader or their licence holders. This does not stop the user from using this website to get a copy of an order or the terms and conditions of the Contract.
17. WRITTEN COMMUNICATIONS
The applicable legislation requires that some of the information or communications that the Trader sends the users is in writing. By using this website, the user accepts that the communication between them and the Trader is mainly electronic. The Trader contacts the user by email or provides them with the information by inserting alerts on this website. For contractual purposes, the user accepts this electronic means of communication and recognises that any contracts, alerts, information and other communications that the Trader sends them electronically satisfies the legal requirement that such communication is made in writing. These provisions do not prejudice any of the user's rights under the law.
All communications from the user to the Trader must be made using the electronic form. Notwithstanding the provision in clause 16, the Trader can communicate with the user both by email and post to the address given on the order.
Any communication is considered to have been received the moment it is entered on the website, 24 hours after sending an email or the third day after it is sent by post. In order to prove a communication was sent, if it was sent by post, all that is required is that the respective letter was correctly addressed, sealed and delivered to the post office, and in the case of an email that the email was sent to the email address given by the user.
19. TRANSMISSION OF RIGHTS AND OBLIGATIONS
The Contract between the Trader and the user binds the parties and the respective successors and assignees.
The user cannot transfer, assign or burden its contractual position, or dispose of the contract or of any rights or obligations arising from it by any other means without the prior written consent from the Trader.
The Trader can transfer, assign or encumber its contractual position, subcontract, or dispose of the contract or of any rights or obligations arising from it by any other means at any time while it is valid. However, no transfer, assignment or encumbrance of that position, or act of disposal of the contract can have the effect of limiting the user's legal rights as a consumer or reduce, or in any way limit, any guarantee provided by the Trader to the user in an express or implicit manner.
20. EVENTS OUTSIDE THE TRADER'S CONTROL
The Trader is not liable for any breach, or delay in compliance, of any obligation under this Contract that is due to events outside its reasonable control ("Force Majeur").
A Force Majeur event covers any event, act or omission outside the Trader's reasonable control, including, but not exclusively), the following:
- trikes, lock-outs and other industrial action
- Civil uprisings, turmoil, invasion, terrorist attack, or threat of terrorist attack, war (declared or otherwise) or the threat of preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
- The impossibility of using the railway, maritime, air, road transport or other public or private means of transport.
- The impossibility of using public or private telecommunications networks.
- Laws, decrees, regulations or government restrictions.
- Any strikes, interruptions or accidents that affect postal services or the relevant transport.
The Trader's obligation to comply with any Contract is suspended for the time that the Force Majeur event lasts and shall give rise to an extension of the respective time limit equal to that duration. The Trader must make all reasonable effort to end the Force Majeur event or to find a solution that allows them to meet their contractual obligations despite the existence of the Force Majeur.
If the Trader abstains from requiring the strict compliance with any obligation by the user as a result of this Contract or these Terms and Conditions or to exercise any right or power provided in them to end such a breach at any time during the validity of the Contract, this is not a waiver of these rights and powers and does not exempt the user from complying with their obligations.
The Trader's decision to waive exercising any right or power in a given situation of a breach by the user, does not mean they waive the rights or powers in a later case of a breach.
The Trader's decision to waive any right as a result of this Contract or these Terms and Conditions is only effective if it is given in a written communication sent to the user as foreseen in the communications clause, where they expressly declare the waiver.
The declaration of invalidity, illegality or inefficiency of any one of the provisions in these terms and Conditions by a competent authority, does not affect any of the other provisions, which remain in full force.
23. INTEGRAL AGREEMENT
These Terms and Conditions, and any document referred to in them, constitute the complete agreement between the parties regarding the formation of the Contract and prevail over any written or oral agreement, understanding or previous agreement.
Both parties recognise that by entering into the Contract, neither of them based the respective decision on a declaration, commitment or promise made by the other one or that could be considered illicit in something that had been said or written in negotiations between the parties prior to entering into the Contract, except when the contrary results from these Terms and Conditions.
Neither party can avail themselves of the fact that the other issued an untrue oral or written statement prior to entering into a Contract (unless that statement was made fraudulently) and can only draw upon the breach of contract that results from these Terms and Conditions.
24. ALTERATION TO THE TERMS OF SERVICE BY THE TRADER
The Trader has the right to alter these Terms of service at any time. The user is subject to the principles and the Terms and Conditions in force when the order is placed, except if the law or competent authority imposes any alteration to them (and those alterations apply to orders that have already been placed).
25. LAW AND APPLICABLE COURT
The purchase and sale contracts of products through this site are governed by Portuguese law. Any litigation arising or related to these Contracts are subject to the non-exclusive jurisdiction of Portuguese courts.
The provision in this clause does not prevail over any the user's legal rights as a consumer.
26. ALTERNATIVE DISPUTE RESOLUTION
The EU Commission provides on its website the following link to the ODR platform:
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.
The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
Each campaign carried out at the Fuxia online store has specific regulations. As such, returns of purchases made in these campaigns will be based on the final billing price and not the original value of the items.
Promotional campaigns follow the stock availability rules of the Fuxia online store.
With regard to shipping costs, the value to be considered is the value with the discounts applied.
The Trader appreciates the comments and opinions of the users. These comments and opinions can be sent through the contact form.