General Terms and Conditions of Online Sale
I – GENERAL
1. INFORMATION ABOUT THE DOMAIN AND ONLINE STORE OWNER
The domain name WWW.VILANOVA.COM, this website and the online store available on it (the “Online Store”) are owned by “VILANOVA ACCESSORIES, S.A.”, a public limited company with registered office at Rua Fernão de Magalhães, number 2, fraction C, 4400-629 Vila Nova de Gaia, registered at the Commercial Registry Office of Vila Nova de Famalicão under the single registration and corporate identification number 513532528, with a share capital of €50,000.00 (fifty thousand euros) (the “Vilanova”).
2. SCOPE OF APPLICATION
These General Terms of Use and Purchase and Sale (the “Terms”) govern (i) the visit/browsing of the website WWW.VILANOVA.COM and (ii) the purchase and sale agreements (the “Agreements”) of the products available in the Online Store (the “Products”) entered into between Vilanova and any natural persons acting as consumers (i.e., for purposes not related to their commercial, industrial, craft or professional activity) (the “Customers”).
The steps and moment of formation of the Agreements and the obligations of the parties are defined herein.
Browsing WWW.VILANOVA.COM and purchasing any Products in the Online Store implies that the user/Customer (i) accepts these Terms and (ii) accepts Vilanova’s Privacy and Cookies Policy (the “Privacy Policy”). Therefore, please read these Terms and the Privacy Policy carefully before using this website. If you do not agree with all the Terms and the Privacy Policy, you should not use this site or order Products.
3. GENERAL ASSUMPTIONS
By browsing WWW.VILANOVA.COM, the user declares and guarantees to Vilanova, in addition to what is stated in the second paragraph of Clause 2, that:
(i) The personal data and information provided to Vilanova are true and complete;
(ii) They will inform Vilanova of any changes to the personal data and information provided;
(iii) They consent to the processing of such data and information under the terms of the Privacy Policy;
(iv) They will not misuse the website WWW.VILANOVA.COM.
When ordering Products from the Online Store, the Customer declares and guarantees to Vilanova, in addition to what is stated in the second paragraph of Clause 2, that:
(i) The personal data and information provided are true and complete;
(ii) They will inform Vilanova of any changes to such data;
(iii) They consent to the processing of such data under the Privacy Policy;
(iv) They will not misuse the website;
(v) All statements made to Vilanova are true, serious, complete and reflect their will;
(vi) They have the legal capacity to enter into the Agreement;
(vii) They act in their own name and on their own behalf;
(viii) They are a natural person acting as a consumer, as referred to in Clause 2;
(ix) They will not sell or distribute the Products by any means or in any place, physical or virtual.
Vilanova will not enter into any Agreements if the above assumptions are not met.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
Vilanova is the holder — or authorized user, as applicable — of:
(i) The Products;
(ii) Industrial property rights identifying or protecting the Products, their characteristics, configurations, materials or manufacturing processes, such as trademarks or patents. In particular, among others, Vilanova owns the rights arising from the registration of the trademarks “VILANOVA” and “VILANOVA ALL ABOUT YOU”;
(iii) Intellectual property rights over materials or content (including texts, images, photographs, films or music) made available on WWW.VILANOVA.COM.
It is therefore prohibited to:
(i) Register or attempt to register distinctive commercial signs (including trademarks or patents) owned by Vilanova or similar to them;
(ii) Manufacture, sell, purchase, advertise, distribute or copy, by any means and in any place, physical or virtual, products incorporating distinctive signs owned by Vilanova or similar to them, or presenting characteristics, configurations, materials or manufacturing processes protected by Industrial Property Law;
(iii) Reproduce or represent, in whole or in part, the website WWW.VILANOVA.COM or any materials or content made available on it.
Entering into an Agreement does not grant the Customer any license or sublicense to use, wholly or partially, whether paid or free of charge, any industrial property rights.
5. LAW AND JURISDICTION
The use of the website WWW.VILANOVA.COM, the Terms, the Privacy Policy and the Agreements are governed by Portuguese law.
Any dispute related to the use of WWW.VILANOVA.COM or to the interpretation, integration of gaps, validity, effectiveness or performance of the Terms or the Agreement shall fall under the jurisdiction of the Judicial Court of the District of Porto, which the parties elect as the competent court.
6. PARTIAL INVALIDITY
If any provision of the Terms, Privacy Policy or Agreement is declared null, ineffective or annulled by a court, the remaining provisions shall remain valid and effective.
7. STATEMENTS MADE BY ELECTRONIC MEANS
All communications, information or statements available on WWW.VILANOVA.COM, sent by email from Vilanova to the Customer, or sent by the Customer to Vilanova through the channels available on the website, shall be considered issued in writing or on a durable medium.
8. ALTERNATIVE DISPUTE RESOLUTION
Customers may attempt to resolve consumer disputes through the Online Dispute Resolution Platform provided by the European Commission at:
ec.europa.eu/consumers/odr
Customers may also use other Consumer Alternative Dispute Resolution entities. The updated list is available at the Consumer Portal:
www.consumidor.gov.pt
9. ELECTRONIC COMPLAINTS BOOK
Vilanova provides an electronic complaints book on WWW.VILANOVA.COM.
Access is available via:
https://www.livroreclamacoes.pt/inicio
Complaints submitted electronically have the same validity as those submitted in a physical complaints book.
10. CUSTOMER SUPPORT, COMMENTS AND SUGGESTIONS
You may request clarifications, additional information (including about the Terms or Privacy Policy), or send comments and suggestions by email (customercare@vilanova.com) or by phone (+351220147590) during the hours indicated on our website.
II – GENERAL CONDITIONS OF USE OF WWW.VILANOVA.COM
11. VIRUSES, HACKING AND OTHER CYBER ATTACKS
You must not misuse WWW.VILANOVA.COM by introducing viruses, trojans, logic bombs or any other technologically harmful material. Unauthorized access to the website, its server or any related database is prohibited.
Violation may constitute a criminal offense. Authorities will be informed and cooperation provided to identify offenders.
Vilanova shall not be liable for damages caused by denial-of-service attacks, viruses or other harmful material affecting equipment due to use of this website or downloading its content.
12. LINKS FROM WWW.VILANOVA.COM
Links to third-party websites are provided for information only. Vilanova has no control over such websites and is not responsible for damages arising from access to them.
III – GENERAL TERMS OF PURCHASE AND SALE IN THE ONLINE STORE
13. CONCLUSION OF THE AGREEMENT
To purchase Products, the Customer must:
(i) Read and accept these Terms and the Privacy Policy;
(ii) Register as a Customer and correctly provide the requested personal data.
Procedure:
(i) Review the Product characteristics;
(ii) Add Products to the shopping cart by clicking “Add”;
(iii) Review the order, select payment method and click “Authorize Payment”. The Agreement is concluded when the Order is confirmed;
(iv) Vilanova sends an email confirming receipt of the Order (Purchase Confirmation);
(v) Vilanova sends a second email confirming shipment (Shipping Confirmation).
These communications are deemed received when accessible by the recipient.
The Agreement is governed by the Terms available on the website at the time of purchase and applicable law.
14. GUEST CHECKOUT
The Online Store allows purchases through guest checkout, requiring only essential information. After completing the purchase, the Customer may register or continue as a non-registered user.
15. VALUE ADDED TAX (VAT)
Purchases are subject to VAT at the applicable rate, already included in product prices.
16. PRODUCT AVAILABILITY
If a Product is unavailable, Vilanova will inform the Customer and refund the amount paid within 30 days, subject to Clauses 19 and 20.
17. PRICE AND PAYMENT
Shipping costs
Prices do not include shipping. For purchases under €29.99, shipping costs are added when delivery is requested. Orders collected in store have no shipping costs.
Possible typographical errors
If an obvious pricing error occurs, Vilanova is not obliged to provide the Product at the incorrect price.
Payment methods
Payment may be made via:
Multibanco
MB Way
PayPal
Visa
Mastercard
Order amounts and shipping costs are charged when the order is received.
Payment data are encrypted and not stored on public servers.
18. PRODUCT DELIVERY
Delivery occurs when the Customer or a designated third party obtains physical possession of the Product.
Estimated delivery times:
5 business days – Mainland Portugal or Spain
15 business days – Azores or Madeira
Maximum delivery time: 30 days after Purchase Confirmation.
Deliveries are made on business days only.
Products are delivered in the country where the purchase was made.
If the Customer is absent, the carrier will attempt a second delivery or deliver to a collection point.
19. FORCE MAJEURE
Force Majeure includes events beyond Vilanova’s control, such as:
Strikes
War or terrorism
Natural disasters
Transport disruptions
Communication system failures
In such cases, Vilanova will inform the Customer and is not liable for delays.
If the event lasts more than 30 days and prevents fulfillment, the Agreement may be terminated.
20. TERMINATION
Vilanova may terminate the Agreement if:
The Customer fails to pay;
Extraordinary changes occur affecting contractual balance.
If payment was made, the amount will be refunded within 30 days.
21. TRANSFER OF RISK AND OWNERSHIP
Risk transfers to the Customer upon delivery.
Ownership transfers after full payment of the Product and shipping costs.
22. PRODUCT RETURNS
Customers may return Products:
Within 14 days after delivery (legal withdrawal right);
Within 30 days after shipping confirmation (commercial return policy);
Within 2 months after detecting a defect.
Returns may be made:
Free of charge in Vilanova stores in Portugal (with receipt);
Via courier arranged by Vilanova;
At a collection point (QR code provided by the carrier).
Refunds are processed using the same payment method used for the purchase.
Products must be returned in the same condition in which they were received.
Returns are not accepted if:
Hygienically sealed products were opened
The product was used
The label was removed
23. ASSIGNMENT OF CONTRACTUAL POSITION
The Customer may not transfer their contractual position or rights without prior written consent from Vilanova.
Vilanova may transfer its contractual position to any company within the VNC Group.