These conditions are agreed between the company Utopia Cloud Marketing, with registered office at Av. Infante Dom Henrique 26, 1149-096 Lisboa, Registered Capital of € 10,000, registered at CRC Lisboa under the unique number of legal and tax person 515123242, hereinafter referred to as “Utopia Cloud Marketing” and between any natural person of legal age or legal person wishing to make a purchase through The Vibefy brand website www.thevibefy.com, by mail or e-mail, hereinafter referred to as “User”.
Orders will be shipped in England, Portugal, Spain, Germany and France.
The User must place his order on the respective website of the country in which he wishes to receive his order. These general conditions apply to visitors to the www.thevibefy.com website as well as any commercial transactions carried out through the virtual store The Vibefy available on it. The parties agree that their relations will be governed exclusively by the general conditions described herein.
The parties agree that their relations will be governed exclusively by the general conditions described herein.
ARTICLE 1 - OBJECT
The purpose of these conditions is to define the general conditions of sale, established between Utopia Cloud Marketing and the User, from the time of ordering to the various services provided by Utopia Cloud Marketing, including the payment methods and the delivery terms of the goods.
These conditions regulate all the steps necessary to place the order.
ARTICLE 2 - ORDER
The User can place his order online, on the website www.thevibefy.com.
To place your order, the User must register on the website www.thevibefy.com, and must provide certain personal data for this purpose, such as his name, address, etc. For this purpose, the User must fill in all the mandatory fields on the registration form. Once registration is complete, Utopia Cloud Marketing services will assign you a customer number. Only users who are of legal age or legal persons can create an account on the website www.thevibefy.com.
If you are already a registered user, you must identify yourself by entering your email address (email) or your customer number, as well as your password.
The User will also be able to register, obtain his customer number and place his order by telephone, in which case his personal data and order data collected by the telephone operator.
The validation of the order implies that the User has become aware of and expressly accepts these General Distance Selling Conditions, available for consultation on the website www.thevibefy.com. and, well, the prices and description of the products made available for sale.
Once the purchase is complete, the User will receive an automatic email confirming the transaction. If the data is not correct, you can immediately request its change, or even, the cancellation of the purchase made.
In the absence of availability of the product, Utopia Cloud Marketing undertakes to inform the User and to reimburse him of the amounts he may have paid within a maximum period of 30 (thirty) days from the date of knowledge of such unavailability.
If the offer or gift attributed by Utopia Cloud Marketing to the User within the scope of his order runs out, it will be replaced by another of equal or greater value.
Under the terms of Decree-Law no. 7/2004 of 7 January (with the changes conferred by Decree-Law no. 62/2009, of 10 March and by Law no. 46/2012, of 29 de Agosto), regarding electronic commerce, Utopia Cloud Marketing reserves the right to unilaterally cancel the order whenever there is a programming error, malfunction of the computers at Utopia Cloud Marketing as well as when the contract proposal arrives deformed at its fate and the error concerns an essential element of the contract.
CANCEL ORDER:
If you need to cancel an order, you must contact us by email to proceed with the cancellation. It is not possible to cancel orders on the website.
ARTICLE 3 - DELIVERY
Shipping costs are free on all products.
The delivery of orders can be made:
- In your home
The order is delivered to your home, at the address on your customer record. If you are not at the address you indicate, a postcard is left.
- In another address
The Vibefy delivers your order wherever you want. Simply indicate the desired address on the order form or by email via help@thevibefy.com.
- In another address
The Vibefy delivers your order wherever you want. Simply indicate the desired address on the order form or by email via help@thevibefy.com.
- Islands Delivery
For deliveries made in the archipelagos of Madeira and the Azores, the cost of shipping is 5.99 €. Bulky items and exclusive home delivery are not available for delivery to the islands
No orders can be delivered abroad.
If the items in your order are all available, the delivery time is on average about 20 to 50 days (30 to 50 days on the islands, these are indicative. For the Azores and Madeira, the deadlines may be extended depending on transportation limitations.). If any item in your order is temporarily out of stock, you will receive an email and that information will appear on the invoice that will be sent to you with the other items. Items with an indication of sold out will not be sent.
ARTICLE 4 - PAYMENT
Utopia Cloud Marketing offers the User several payment methods:
- With a credit card (Visa and Mastercard);
Your order and card details will be sent, duly encrypted, to the bank on the date of your order.
- With PayPal:
One of the most used payment methods in online shopping worldwide. at first, it is necessary to have a PayPal account. For more information or to create an account, see this page: https://www.paypal.com/pt
If you choose this payment method, the order amount will be charged at the end of the order.
ARTICLE 5 - PRICES
Prices must be understood in euros, with taxes and fees included. The prices shown take into account the VAT applicable on the invoice date. Any change in the applicable VAT rate will be reflected in the product prices.
The prices announced on the website www.thevibefy.com include the shipping costs, which will be indicated to the User before the order is validated.
Prices and specifications are subject to change without notice. However, once the order is validated, prices cannot change. Despite your efforts, some products may have an incorrect price, which is why Utopia Cloud Marketing checks prices whenever processing orders. If the product price is lower than the advertised price, Utopia Cloud Marketing will refund the difference. If the price is higher, Utopia Cloud Marketing will inform the User of such a situation by e-mail and wait for their decision to accept the new proposal or cancel the order within 15 days from the date on which it was communicated to the User.
ARTICLE 6 - EXCHANGES & RETURNS
All items can be exchanged or returned. The User benefits from a period of 15 (fifteen) days, counting from the date of receipt of the articles to try out his articles and if any does not please him, he can return them. The exchange of articles is only possible in cases where the customer wants another color of the same articles that he intends to exchange. Returns of erotic items or underwear are not accepted for reasons of health or hygiene protection.
The User may also choose to freely terminate the contract, under the applicable legal terms. In order to exercise their right of free withdrawal, the User must inform the Customer Service of The Vibefy of their decision to terminate this contract by means of an unambiguous statement via email help@thevibefy.com .
In the event of termination of this contract, all payments made, including delivery costs, will be reimbursed to the User (with the exception of additional costs resulting from the possible choice of a shipping method other than the least expensive standard shipping method offered by The Vibefy) , without undue delay and, in any case, at the latest within 14 (fourteen) days from the date on which Utopia Cloud Marketing is informed of the User's decision to terminate this contract
The Vibefy informs you that it will be able to withhold the refund until you have received the returned goods, or until the User provides proof of shipment, whichever comes first.
The User must return the goods without undue delay and no later than 14 (fourteen) days from the day on which he informed The Vibefy of the free termination of the contract, considering that it is respected if the User returns the goods before of the term of 14 (fourteen) days.
The Vibefy is only responsible for return and reshipment charges if there is an internal error and the product shipped does not correspond to the order if the product is defective in origin and has been damaged during transport. When requesting the collection of the items to be returned, the customer must send, to the aforementioned email, a photo to check their status.
When returning and exchanging items, the User must respect the following conditions:
Restitution of articles in good condition, with complete original packaging and accompanied by the respective original invoice, the return slip duly completed and without any signs of actual use; All items will be checked upon arrival at our service, and only those who respect the return conditions will be accepted for exchange or return.
In the case of returning all items, if the order has given the User the right to a gift, the latter must also be returned.
In the case of a refund request for an item purchased at a reduced price, due to a special offer, The Vibefy will refund the amount actually paid by the User and not the entire amount.
When there is a refund, The Vibefy will proceed as follows:
For amounts paid by Credit Card, PayPal, the refund will be made to the same payment method. Refunds resulting from exchange orders will always be made to IBAN.
ARTICLE 7 - AFTER-SALES WARRANTY & ASSISTANCE
LEGAL WARRANTY
Under the terms of the legislation in force (Decree-Law No. 67/2003, of 8 April, with changes introduced by Decree-Law No. 84/2008, of 21 May), all products sold at www.thevibefy.com are covered by a guarantee of conformity of the goods corresponding to a period of 2 (two) years from the delivery of the asset.
If the purchased product is defective or defective, the User must report the situation to The Vibefy User Support Service, informing his order number and the description of the defect or malfunction to the E-mail: help@thevibefy.com
The costs of returning or collecting items within the warranty period will be borne by The Vibefy.
Upon receipt of the item at The Vibefy premises, the item will be checked and, in the event of any lack of conformity, the item will be repaired or replaced if repair is not possible. In this case, Utopia Cloud Marketing will send the repaired item or new item to the User's address at no additional cost.
If the item is no longer available and cannot be repaired, The Vibefy will refund the User the amount paid for it, as well as shipping and return costs.
If the verification carried out by The Vibefy results in signs of misuse, and/or any problem that may have caused the defect or malfunction of the item (eg, drop, humidity, etc.) the User will be contacted to indicate whether he wants to proceed to the repair of the article, if it is liable to repair. In this case, the article will be sent to the brand's technical assistance services.
ARTICLE 8 - SIGNATURE AND PROOF
The online indication of the bank card number and the final validation of the order will constitute the proof, according to the legal provisions, and will allow the demandability of these amounts.
The validation of the purchase order implies that the User has become aware of and expressly accepts these General Distance Selling Conditions, available for consultation at www.thevibefy.com.
The data recorded by The Vibefy are evidence of the set of transactions made between The Vibefy and the User. It is the responsibility of The Vibefy to file the electronic document in which the contract is formalized and keep it accessible.
ARTICLE 9 - RESPONSIBILITY
All products sold on the website www.thevibefy.com are in compliance with Portuguese legislation.
The Vibefy is not responsible for losses resulting from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to the User.
The Vibefy declines any responsibility for any delay or impossibility of processing the order, namely in the act of delivery, due to error or insufficiency of the data communicated by the User. Likewise, The Vibefy cannot be held responsible if the breach of its obligations is attributable to an unforeseeable or insurmountable third party event or to a case of force majeure.
The articles sold are described and presented on the Site with the greatest possible accuracy. If, despite all our precautions, errors occur on the Site, The Vibefy will not be held responsible for that fact. Except in the case of a guarantee, any transaction between The Vibefy and its Users, not contested within 6 months, cannot give rise to any claim.
ARTICLE 10 - PROCESSING OF PERSONAL DATA
The processing of personal data collected on the website www.thevibefy.com is the responsibility of The Vibefy.
The data collected on this site are necessary for the conclusion and execution of the purchase and sale contract, are intended for the processing of orders and communication with the User, the processing of requests for information and any complaints, statistical analysis and evaluation of satisfaction. The provision of the information requested within the scope of the User registration is mandatory and the User guarantees that the information provided is true.
The Vibefy guarantees the confidentiality of all data provided by the User and ensures its preservation for a period of 5 years from the last contact with the User. Notwithstanding The Vibefy can proceed to the collection and processing of data in a safe manner and which prevents its loss or manipulation, using the most improved techniques for this purpose, we inform that the open network collection allows the circulation of personal data without conditions security, running the risk of being seen and used by unauthorized third parties.
If the User gives his express consent at the time of creating or changing his registration, The Vibefy may send information about products and services that may be of interest to him using his personal data for the purposes of direct marketing through any channel. communication, namely through the use of electronic mail, SMS, MMS or other forms of automatic calling, including the sending of The Vibefy Newsletter.
If the User gives his express consent when creating or changing his registration, Utopia Cloud Marketing may use his personal data to define his profile according to his preferences in order to adapt the proposals and communications that address you.
The Vibefy has a “click to chat” service, in which users can ask questions with the customer support service. If users provide personal data to The Vibefy through said chat and call, they will not be used for any purpose other than what is requested by the user.
The Customer is recognized, as long as duly identified, the right of access to personal data concerning him, as well as its rectification or erasure, and the limitation of treatment, or the right to oppose treatment, as well as right to data portability. The User has the right to withdraw consent at any time with regard to the processing of his personal data for direct marketing actions. You can exercise your rights via E-mail: help@thevibefy.com
In the event of a complaint, the user should contact the National Data Protection Commission.
Use of cookies by The Vibefy
You can find all information about our privacy and cookie usage policy here.
You can access and modify your data at any time in “My client account” on The Vibefy website.
ARTICLE 11 - INTELLECTUAL PROPERTY
All elements of The Vibefy site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of The Vibefy.
In this way and under the terms of the Code of Copyright and Related Rights, its use for private purposes will only be authorized, without prejudice to more restrictive provisions contained in the mentioned Code. Any reproduction or total or partial representation of the website www.thevibefy.com or all or part of the elements included in it is strictly prohibited, and must be subject to prior written authorization from The Vibefy, under penalty of recourse to the competent legal means against who act that way
The User who has a personal website on the Internet and who wishes to place, for personal use, a simple direct link to the homepage of The Vibefy website, must request authorization from The Vibefy company. In this case, it will not be an implicit affiliation or partnership agreement.
On the other hand, any hypertext link directed to The Vibefy website and using the framing or in-line linking technique is formally prohibited.
In all cases, any hyperlink, even if tacitly authorized, must be removed with a simple request from the company Utopia Cloud Marketing.
ARTICLE 12 - TOTAL AGREEMENT
The present general conditions of sale constitute the total agreement between the parties in reference.
If one of the clauses of the present conditions becomes null and void, due to a legislative, normative or sentence change, this should in no way affect its validity and respect.
ARTICLE 13 - EXPIRY DATE
The Vibefy items are valid up to the limit of available stocks.
