Terms and Conditions
SPACCIO offers you an online shopping service that allows you to buy the available items. You can also enjoy promotions, gifts and exclusive offers.
Below, we invite you to view the general terms and conditions of sale that regulate the purchase of SPACCIO brand products through the online store. In this sense, the use of this online store constitutes your agreement with these general terms and conditions of sale.
If you have any questions about them, you can contact our Customer Support Service (SAC) – geral@spaccio.pt
1. INTRODUCTION
1.1 This document establishes the Terms & Conditions governing the use of this Website and the purchases of products made through it.
1.2 You should read the Conditions carefully before using this Website.
1.3 The SPACCIO website, as well as all elements contained therein, are the exclusive property of Pearlblue Unipessoal Lda.
1.4 By using this Website or placing an order through it, the Customer is allowing himself to be bound by these Conditions.
1.5 If you do not agree with all the conditions, the customer must not use this Website.
1.6. These Conditions may be changed or readjusted at any time and without prior notice, except for contracts/transactions already carried out, with the changes being duly published on this website.
1.7 It is the customer's responsibility to periodically read these Conditions in order to keep up to date, since the Conditions in force at the time of use of the Website or the conclusion of the Contract (as defined below) are those that will be applicable.
2. OUR DATA
This Website is operated under the name SPACCIO and is owned by the Portuguese company PEARLBLUE UNIPESSOAL LDA, NIPC/NIF 515838772, with registered office at Rua dos Capelistas nr 30, Sala 1, 4700-307 - Braga (Portugal). Pearlblue advertises and promotes the direct sale of products to its customers through the website “SPACCIO”. You can contact us by telephone 910719480 or by email geral@spaccio.pt .
3. TARGET AUDIENCE OF THE SPACCIO SITE
The content of this website is intended to sell products to people aged 18 or over, which in some cases are only available in physical stores. SPACCIO does not guarantee that the contents of the website are appropriate or available for use in territories other than Portugal. People who choose to access this website from other countries do so on their own initiative and are responsible for compliance with local laws.
4. WARRANTY
The legal regime for the sale of consumer goods set out in Decree-Law No. 67/2003 of 8 April, amended by Decree-Law No. 84/2008 of 21 May, applies to the sale of products by SPACCIO.
5. DISCLAIMERS OF LIABILITY
The SPACCIO website may contain links to third party websites or be accessed via other websites. SPACCIO cannot be held responsible for these links, in particular for controlling the content, availability, operability or performance. Any decision made based on the information provided on this website is the sole and exclusive responsibility of the user, and SPACCIO shall not be held liable in any way.
6. WHAT IS PERSONAL DATA?
6.1 Personal data is any information, of any nature and regardless of its support, including sound and image, relating to an identified or identifiable natural person.
6.2 An identifiable person is one who can be identified directly or indirectly, in particular by reference to an identification number or to one or more specific elements of his or her physical, physiological, mental, economic, cultural or social identity.
7. BASIS FOR PROCESSING PERSONAL DATA
7.1 The processing of data collected directly on the website is mainly based on the purchase and sale contract for the items listed in the SPACCIO online store or pre-contractual steps to conclude such contracts.
7.2 The processing of your data may be based on compliance with legal obligations.
7.3 The processing of data collected directly on the website may also be justified whenever, outside of the situations previously provided for, the data subject gives his/her consent freely, expressly, unequivocally and clearly.
8. PERSONAL DATA COLLECTED
8.1 Any individual has the right to register as a user on the SPACCIO Website and may thus apply for special offers intended for our registered customers.
8.2 By using this Website, the Customer declares that he/she consents to the processing of the information and data provided and declares that all information or data provided to us is true and corresponds to reality.
8.3 This website allows Google Analytics to collect data through the standard implementation of Google Analytics, thus being able to generate Reports on interests and demographic data. Third parties (such as Google) may place cookies on the browsers of users who visit the SPACCIO website for targeted advertising purposes. For targeted advertising purposes, various types of data are collected, such as IP addresses, cookie identifiers, website activity. This data may be used by third parties (such as Google) to target ads on other websites based on the online activity of users who have visited the SPACCIO website. Users may opt out of receiving targeted advertising by accessing the website http://www.youronlinechoices.com/pt/your-ad-choices and deactivating companies that collect their data.
8.4 SPACCIO only reserves the right to share the personal data collected necessary for the provision of the transport service, or other data necessary for the completion of the ordering and shipping process, always in the interest of the Customer.
9. HOW WILL SPACCIO USE YOUR DATA?
9.1 When you carry out purchasing processes, including concluding agreements for the purchase of products, we collect your personal data – for example, email address, delivery address, telephone number, etc.
9.2 When you request support, we collect your personal data – for example, first and last name, email address – solely for the purpose of providing you with Customer Support services that are relevant to the website and support.
9.3 When you create or share your Wish List, we collect your data in order to personalize our services for purchasing products on the website.
9.4 When you save a delivery address, we collect your personal data in order to simplify the preparation of your future orders.
9.5 When you register on our website you have the option to accept the sending of commercial messages by email.
9.6 After the express consent of the data subject, SPACCIO will provide the data subject with information about the products of this or any other brand of the Pearlblue Unipessoal Lda. group (products and objects related to textiles, ready-to-wear, footwear or accessories), including, with regard to the products identified above, the sending of commercial messages by email or any other equivalent automatic electronic means (such as SMS), as well as by telephone contact.
9.7 The data subject may, at any time, modify his/her preferences regarding the sending of such commercial communications, through the different contact channels, in My Account on the SPACCIO website or in the Newsletter itself (opt-out link).
10. RIGHTS OF THE HOLDER OF PERSONAL DATA
10.1 The data subject may, at any time, exercise the following rights:
- Right of access – right to request a copy of the information that SPACCIO holds;
- Right to rectification – right to correct data that you consider to be inaccurate or incomplete;
- Right to be forgotten – in certain circumstances, as a user you can ask for the data we hold about you to be erased from all our records;
- Right to restriction of processing – where certain conditions apply to have the right to restrict processing;
- Right to portability – the right to have your data transferred to another organization;
- Right to object – the right to object to certain types of processing;
- Right to object to automated processing, including profiling.
10.2 The above rights may be exercised by sending an email to geral@spaccio.pt or by registered letter to the following postal address:
PEARLBLUE UNIPESSOAL LDA.
Customer Support Department
Capelista Street, No. 30, Room 1 - 4700-307 - Braga (Portugal)
10.3 If the data subject wishes to make a complaint about the way in which his/her personal data is being processed by SPACCIO, or how his/her complaint has been handled, he/she has the right to lodge a complaint directly with the supervisory authority:
National Data Protection Commission – CNPD
St. Bento Street, No. 148, 3rd floor, 1200-821 Lisbon
Tel: 351 213928400, Fax: +351 213976832
Email address: geral@cnpd.pt
11. DATA STORAGE PERIOD
The period of time during which data is stored and retained varies according to the purpose for which the information is processed. Whenever there is no specific legal requirement, data will be stored and retained only for the minimum period necessary for the purposes for which it was collected or subsequently processed, after which it will be deleted.
12. USE OF OUR WEBSITE
By using our Website and/or placing orders through it, the customer undertakes to:
12.1. Use this Website only to make legally valid inquiries or orders.
12.2. Do not place any false or fraudulent orders, and if there is any suspicion that an order of this nature has been placed, we will be authorized to cancel it and report it to the competent authorities.
12.3 Provide us with your email address, postal address and/or other contact details, in a true and accurate manner.
12.4. If the Customer does not provide their email address, postal address and/or other contact details in a true and accurate manner, we will not be able to process their order.
12.5. When placing an order through this website, the Customer declares that he/she is over 18 years of age and has the legal capacity to enter into contracts.
12.6 At any time, you can access and edit your personal data through My Account.
12.7 You may also edit your subscription to our Newsletter and request the removal of all your data from the database.
13. EXECUTION OF THE CONTRACT
13.1 All information contained in these Conditions and the details included on this Website do not constitute an offer to sell, but rather an invitation to contract.
13.2 No contract will exist between us and you in respect of any product until your order has been expressly accepted by us.
13.3 If your offer is not accepted and a debit has already been made to your account, the amount of the debit will be refunded in full.
13.4 Even after completing the entire procedure set out in the Instructions for Use, this does not mean that your order has been accepted, as it constitutes a proposal that the customer makes to us to purchase one or more products.
13.5 All orders are subject to acceptance by us.
14. REGISTRATION OF PRICES AND PAYMENT METHODS
14.1 SPACCIO undertakes to respond within 48 hours, on working days, with an email message informing you whether or not your registration request has been accepted.
14.2 The order of a product by the user confers acceptance of the prices and description of the products available for sale.
14.3 SPACCIO undertakes to honour orders received and accepted by it only up to the limit of available stocks.
14.4 In the event of product unavailability, SPACCIO undertakes to inform the user as soon as possible.
Fees and/or Taxes
All products for sale at SPACCIO are subject to the Portuguese VAT (tax) rate in force. For countries outside the European Community, orders may also be subject to applicable customs duties. All payments of customs duties or any other type of tax are the sole responsibility of the customer. Under no circumstances may SPACCIO be held liable for any liability arising therefrom.
Important Note
All payments made on the SPACCIO website or through our payment methods will always appear on your bank statement or credit card statement with the mention “Pearlblue” or “Pearlblue – Unipessoal, Lda.”
14.5 SPACCIO reserves the right to, at any time and unilaterally, change the price of items/products on its website/online store, without prior notice.
14.6 SPACCIO offers the following payment methods:
a) Paypal
b) Bank Transfer
c) Multibanco Payments
d) MBway Payments
e) Credit card
f) Klarna - pay in 3 interest-free installments
15. NON-ACCEPTANCE / CANCELLATION OF PURCHASE
SPACCIO reserves the right to refuse orders or cancel purchases for the following reasons, exempt from liability for any damages or costs:
15.1 The product is no longer available, i.e. out of stock. If payment is made for the product(s), the money will be refunded.
15.2 The factoring information is not correct or verifiable.
15.3 The order is flagged by our Security System as an incorrect order or one susceptible to fraud.
15.4 The transfer for payment of the order was not received within 3 days after acceptance of your order.
15.5 When it is not possible to deliver to the intended address.
15.6 SPACCIO's customer has the right to freely terminate the purchase and sale contract for products without having to provide any reason. The period for exercising the right of termination expires 15 working days from the day on which the customer (or a third party indicated by the customer) acquires physical possession of the good. Within this same period, the customer must return or deliver the product to SPACCIO. SPACCIO provides a collection service, which can be requested through our Customer Support line. The customer is responsible for the costs of returning the order to SPACCIO. You must use the Return Form (sent together with the order); this declaration can also be made by email geral@spaccio.pt .
The product must be returned within the specified period as delivered, with no signs of use, with all components and in the original packaging. If it is not in the conditions described, SPACCIO reserves the right to refuse the return. Always attach the respective invoice received with your order.
In the event of termination of the contract, all payments made, including the initial delivery costs of the order, will be refunded to the customer without undue delay and, in any event, no later than 15 working days from the date on which SPACCIO is informed of the decision to terminate. SPACCIO will make such refunds using the same means of payment that the customer used in the initial transaction, unless expressly agreed otherwise by the customer; in any event, the customer will not incur any costs as a consequence of such refund. Note: In the case of payment by Multibanco, Bank Transfer or Cash on Delivery, the refund will be made by bank transfer to the IBAN indicated by the customer.
The customer is responsible for the costs of returning the order to SPACCIO. We will only refund the shipping cost if the order sent is incorrect or if the product is defective. Please do not send orders for cash on delivery, as these will not be accepted by SPACCIO.
If any of the components of the product sold are missing or if any of them are not in perfect condition, no refund will be given. You may not cancel the purchase if you have already used the goods except to the extent necessary to verify their nature, characteristics and operation, in accordance with the law.
If you wish to reopen an order that was cancelled due to exceeding the payment deadline, you can contact us by email at geral@spaccio.pt. This will be processed again depending on the availability of the product(s).
16. SHIPPING AND AVAILABILITY OF PRODUCTS
16.1 The order will be dispatched to the address you provide during the ordering process. For all orders, shipping costs are calculated automatically on the checkout page. The delivery time of your order is always dependent on the confirmation of your payment.
16.2 To make national deliveries, SPACCIO uses transport companies: CTT Expresso. For international deliveries, the transport company depends on the destination country.
16.3 If, upon delivery, the user finds errors in the goods received, or if they are visibly damaged, they must note these circumstances on the carrier's document and inform SPACCIO within 24 to 48 hours.
16.4 The commitment to sell the product(s) ordered is limited to existing stock and its availability.
16.5 SPACCIO, with a view to providing a fast and quality service, undertakes to send the items as quickly as possible.
16.6 All items will remain the property of SPACCIO – Pearlblue Unipessoal Lda., until proof of payment of the total amount of the order is received.
16.7 Delivery times are normally as follows:
Mainland Portugal: 2 working days (48 hours);
Madeira & Azores: Up to 10 working days;
European Community Countries: Up to 10 working days;
Countries outside the European Community: Up to 15 working days;
Brazil: 5 to 25 business days.
When placing your order, please take into account periods of greater influx of orders, such as Christmas, New Year or holiday periods. At these times, there is a greater chance that your order will arrive outside the deadlines described above.
SPACCIO only ships its products on business days, not counting weekends and holidays.
16.9 International Customers.
Order Status Check & Tracking: if you are a registered customer, simply access your account to find out the status of your order.
If you have placed an order without registering on the SPACCIO website, simply contact customer service to find out more information about your purchase. In these cases, always have your order number or registration email (login) with you.
16.10 To find out the status of your order, you can do so using the tracking number provided in the email with your shipping details. This number is activated within 12 hours of the order leaving the warehouse. To do this, simply go to the chosen carrier's page, enter the tracking number and from there you will be able to see where your order is.
If you have any questions, please do not hesitate to contact us.
Telephone: (national numbers) 910719480 from Monday to Friday, from 9am to 1pm and from 2pm to 4pm (weekdays).
(International numbers) 00351 910719480
Email: geral@spaccio.pt
16.11 Any delay in shipping, in view of the information mentioned above, does not confer the right to compensation.
16.12 SPACCIO declines any responsibility in the event of violation of the legislation of the country where the order is delivered.
16.13 It is the customer's responsibility to check with the local authorities the conditions for importing or using the products they wish to order.
16.14 SPACCIO is not responsible for losses resulting from interference, interruptions, computer viruses, faults or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to users.
17. SECURITY AND PRIVACY
17.1 SPACCIO – Pearlblue Unipessoal Lda. is committed to protecting your personal data.
17.2 Access to the SPACCIO website is free and open to the public, with SPACCIO – Pearlblue Unipessoal Lda reserving the right to limit access to information and special offers to registered users only, who express their consent to this.
17.3 The public information present on the website/online store is protected by intellectual and industrial property rights laws, and copies, transmissions, transfers or other types of use by the user are therefore not authorized without the consent of SPACCIO, the manufacturer of the item, or the owner of the brands and logos.
17.4 The customer may only use this material in the manner expressly authorized by us or by whoever granted us the license for its use.
18. COOKIES
18.1 SPACCIO uses automatic data collection systems such as cookies.
18.2 What are they and what are they for? On our website we use Cookies – which are small files with information about users’ browsing – with the aim of improving the user experience. Cookies help to identify improvements to the website by collecting information about users’ individual interests. They do not harm your computer. The information collected from Cookies is processed internally and exclusively by our services, with the help of Google Analytics tools only.
18.3 Can Cookies be disabled? Yes, you can disable Cookies at any time by configuring your browser. Usually through the “Tools” or “Preferences” options.
18.4 By accepting this privacy policy, the user consents to the use of cookies on this website.
19. USER RIGHTS
The user has the right to the protection of his/her personal data, in accordance with the provisions of current Portuguese legislation on data protection.