Terms and Conditions

• These General Conditions, together with the order form and the other elements referred to therein, are intended to regulate the terms and conditions governing the provision of the Online Shop Service ("Service" or "Shop") by Barboflex, with registered office at Zona Industrial dos Terço, Rua da Misericórdia nº188, 4410-528, Canelas, under the tax identification number 504547070.
• The Service consists of providing, via the address http://www.barboflex.pt, access to the Online Shop which, in addition to providing information on a range of products and/or services, allows the User to electronically order the products advertised therein, under the terms and conditions described herein.
• Product orders must be placed by Users aged 18 (eighteen) or over (individuals under this age must be authorised by their representatives). The elements and information transmitted by the User will enjoy full legal effect, with the User recognising the electronic purchases and not being able to claim lack of signature for breach of the obligations assumed.

• Barboflex will endeavour to ensure that the information presented does not contain typographical errors, which will be corrected promptly whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to withdraw from the purchase contract under the applicable legal terms (right of withdrawal - see point 9).
• Barboflex will endeavour to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for Barboflex to control, such as human error or computer system failures, some of the products ordered by the User may not be available. If a product is not available after you have placed your order, you will be notified by email or telephone. You will then be offered the chance to cancel the order with a refund, if you have already paid for it.
• All information on prices, products, specifications, promotional activities and services may be changed at any time by Barboflex.

• 3.1 All products and services commercialised in the Barboflex Online Shop comply with Portuguese law.
• 3. 2 The Store has adequate security levels, however Barboflex shall not be liable for any damages suffered by the User and/or third parties as a result of delays, interruptions, errors and suspensions of communications caused by factors beyond its control, namely any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from the downloading ("download") through the service of files infected or containing viruses or other properties that may affect the User's equipment. If for any reason access to the Barboflex Online Shop website is not possible, Barboflex shall not be liable for any damages.
• 3.3 Data and information queries made within the scope of this Service are presumed to have been made by the User, and Barboflex shall not be held liable for any abusive or fraudulent use of the information obtained.
• 3.4 Barboflex shall not be liable for any loss or damage caused by misuse of the Service which is not directly attributable to it through wilful misconduct or gross negligence.
• 3.5 Barboflex shall not be liable for any loss or damage arising from the non-fulfilment or defective fulfilment of the Service when this is not directly or indirectly attributable to it by way of intent or gross negligence, and shall not be liable in particular for
• (i) errors, omissions or other inaccuracies relating to the information made available through the Service;
• (ii) damages caused by the fault of the User or third parties, including violations of intellectual property,
• (iii) non-fulfilment or defective fulfilment resulting from compliance with judicial decisions or administrative authorities or (iv) non-fulfilment or defective fulfilment resulting from the occurrence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to Barboflex and which cannot be controlled by Barboflex, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Barboflex that prevent or jeopardise the fulfilment of the obligations assumed.
• 3.6 Barboflex does not warrant that:
• i) the Service is provided on an uninterrupted basis, is secure, error-free or works infinitely;
• ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfils any of the User's expectations in relation thereto;
• iii) any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from such operation.
• iv) no advice or information, whether oral or written, obtained by the User from or through the Service shall create any guarantee that is not expressed in these General Conditions.
• 3.7 The User accepts that Barboflex cannot in any way be held liable for any damages, including but not limited to damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of the occurrence of such damages), resulting from:
• i) the use or inability to use the Service;
• ii) the difficulty of obtaining any substitute goods/services;
• iii) unauthorised access to or modification of personal databases.

• 4.1 The user undertakes to:
• i) Provide correct personal data and addresses;
• ii) Not to use false identities;
• iii) Respect the order limits imposed.
• 4.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Barboflex declines any responsibility. In the event that the consumer breaches any of these obligations, Barboflex reserves the right to delete future purchases, block access to the shop, cancel the supply of any other services made available simultaneously by Barboflex to the same User; and also not to allow the User future access to any or all of the services made available by Barboflex.
• 4.3 It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.

• 5.1 Barboflex guarantees the confidentiality of all data provided by Users.
• 5.2 The personal data identified on the order form as having to be provided is essential for Barboflex to provide the Service. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Barboflex refusing to provide the Service.
• 5.3 The User's personal data will be processed and stored by computer and is intended to be used by Barboflex within the scope of the contractual and/or commercial relationship with the User.
• 5.4 Under the terms of the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to its use for the purposes set out in the previous paragraph, and for this purpose they must contact Barboflex, the entity responsible for processing personal data.
• 5.5 The Internet is an open network, so the User's personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessed and used by unauthorised third parties, and Barboflex cannot be held responsible for such access and/or use.

• 6.1 At the User's request
• The User may cancel their order by contacting Barboflex by telephone or e-mail, quoting the order number, which will be accepted provided that the order has not yet been processed. Once the order has been processed, Barboflex will try to deliver it, but the User has the option of not accepting it.
• For the purposes of cancellation, the User must provide Barboflex with the following information:
• a) Order number
• b) VAT number under which the order was placed and delivery address
• 6.2 By decision of Barboflex

Barboflex reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. Barboflex reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products, when these are due to technical problems or errors beyond the control of Barboflex.

• 7.1 The User, if they are a consumer, may exercise their right of cancellation without any compensation being required, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods.
• To exercise this right, the User may use the form indicated here, indicating all their identification details, the subscribed service they wish to terminate and the subscription date. The communication must be made by letter, by returning the purchased item, or by another suitable means that can be proved within the period defined above.
• The consumer must return the goods to Barboflex in their proper condition of use within 14 (fourteen) days from the date of communication of cancellation.
• The packaging must be returned complete, as it was delivered and accompanied by all the documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and documents must be sent free of charge to the following address:
• Barboflex
• Terços Industrial Estate
• Rua da Misericórda, nº188
• 4410-528, Canelas
• Vila Nova de Gaia - Portugal
• If the User opts for other forms of return, the respective postage costs will be their responsibility.
• 7.2 Upon receipt of the return at Barboflex, the User will be refunded the amount paid for the order (value of the sales invoice), minus a refund fee of 10 per cent of the purchase price. If you have used a promotional discount code, this amount will not be refunded, i.e. the refund will only be for the amount actually paid.
• 7.3 The method of refund depends on the payment method used for the order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In all other cases, when NIB information is provided, the refund is made to the bank account indicated. Otherwise, the refund is made by cheque to the billing address. The refund will be made within 14 days of receipt of the cancellation notice and receipt of the return of the goods.
• 7.4 If any of the components of the item sold are missing, or if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the original dispatch address.

• 8.1 In the event of a "manufacturing defect", i.e. when faults are detected in the equipment which, in principle, do not fall within the scope of the respective guarantee, the User must return the equipment, together with a copy of the invoice and the completed "Equipment Exchange/Return Request" form, within a maximum of 30 calendar days from the date of the invoice, to the following address:
• Barboflex
• Terços Industrial Estate
• Rua da Misericórda, nº188
• 4410-528, Canelas
• Vila Nova de Gaia - Portugal
• If the User opts for other forms of return, they will be responsible for the respective postage costs.
• 8.2 In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, guarantee certificate, terminal and accessories) containing all the constituent components in an excellent state of repair.
• 8.3 If any of the aforementioned elements are missing, or if any of the components are not in excellent condition, no exchange will be made and the product will be sent back to the User.

• 9.1 All the equipment available in the Shop is duly certified by the competent international organisations.
• 9.2 The equipment and accessories have a warranty period defined by the manufacturer, which under legal terms is a minimum of 2 (two) years. This period is considered to run from the date of the equipment's invoice and can only be exercised on presentation of the warranty certificate and/or duly completed proof of purchase (invoice).
• 9.3 Equipment that has exceeded the period defined by the manufacturer or has defects caused by abnormal wear and tear, improper installation, inclement weather, electrical discharges, negligence or accidents, mishandling, moisture/liquid infiltration, use of non-original accessories and technical interventions by unauthorised personnel are considered to be out of warranty.
• 9.4 If the equipment breaks down, and if it is covered by the warranty, the User may take it and the respective proof of purchase and/or warranty to a brand technical assistance centre.
• 9.5 Faulty accessories covered by the guarantee must be sent with proof of purchase and/or guarantee to the following address:
• Barboflex
• Terços Industrial Estate
• Rua da Misericórda, nº188
• 4410-528, Canelas
• Vila Nova de Gaia - Portugal
• If the User opts for other forms of return, the respective postage costs will be their responsibility. The User should always ask for the CTT receipt proving that the order was sent.
• 9.6 If the equipment breaks down and the breakdown is not covered by the warranty, the User may take the equipment and proof of purchase to a brand technical assistance centre.

• 10.1 The Shop is a registered site and the Service provided by the site itself is the responsibility of Barboflex.
• 10.2 The User recognises that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
• 10.3 The User acknowledges that any content appearing in advertising, highlighting, promoting or mentioning any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, and that any use of such content may only take place with the express authorisation of the respective owners.
• 10.4 The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from carrying out any acts that may violate the law or these rights, such as the reproduction, commercialisation, transmission or making available to the public of this content or any other unauthorised acts that have the same content as their object.

• 11.1 The User undertakes to comply with all applicable legal provisions, in particular, not to practice or encourage the practice of illegal acts or acts that offend morality, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules for using the Service, failing which Barboflex will suspend or deactivate the Service under the terms set out in point 14.
• 11.2 The User expressly recognises and accepts that the IP Network is a public electronic communications network that can be used by several users and, as such, is subject to computer overloads, so Barboflex does not guarantee that the Service will be provided without interruptions, loss of information or delays.
• 11.3 Barboflex also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or of force majeure (situations of an extraordinary or unforeseeable nature, external to Barboflex and which it cannot control).
• 11.4 In the event of an interruption in the provision of the Service for reasons of unforeseeable overload of the systems on which it is based, Barboflex undertakes to regularise its operation as soon as possible.

• 12.1 Irrespective of any prior or subsequent notice, Barboflex may, at any time and in its sole discretion, discontinue making the Service and/or part of the Service available to any or all Users.
• 12.2 Barboflex also reserves the right to immediately suspend or terminate access to the Service in the following cases:
• a) When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
• b) When Barboflex ceases access to the Shop, with prior notice of 15 days before the date of cessation.
• 12.3 The suspension or termination of the Service by Barboflex, under the terms of the preceding paragraphs, shall not entitle the User or third parties to any indemnity or other compensation, and Barboflex shall not be held liable or in any way encumbered for any consequence resulting from the suspension, cancellation or termination of the Service.
• 12.4 In the situations described above, Barboflex will notify the User in advance so that the User can, if they wish, safeguard the content of their order viewing area within 3 (three) working days of the e-mail being sent or the information being made available on the Service's home page.

• 13.1 Without prejudice to other forms of communication provided for in these General Terms and Conditions, notifications made to the User relating to the Service, including any changes to these General Terms and Conditions, may be made to the User's e-mail address, by SMS or by telephone.
• 13.2 The User agrees to receive any communication and/or notification related to the Online Shop at the address, contact telephone number and/or e-mail address ("e-mail") indicated in the order process.

At any time, you can request not to receive these communications and/or notifications via the Contact Form or via the "Do not receive the Newsletter" option included in each Newsletter.

• 14.1 Without prejudice to the provisions of the following paragraph, Barboflex may change the Service and/or the technical conditions under which it is provided, as well as the respective rules of use, and must publicise such changes to the User at least 15 (fifteen) days in advance.
• 14.2. The current version of these General Conditions and their annexes is available on the website barboflex@barboflex.pt .

• 15.1 Whenever Barboflex deems it necessary or convenient to optimise the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
• 15.2 Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, Barboflex may change the technical configurations of the Service whenever this proves convenient in order to adapt it to possible technological developments.
• 15.3 Barboflex does not, however, guarantee the User any upgrades or improvements to the Service.
• 15.4 Some upgrades or new functionalities of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of Use.

• 16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to Barboflex about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
• 16.2. The complaint must be submitted within a maximum of 30 (thirty) days of the User becoming aware of the facts, and will be registered in Barboflex's information systems, which must decide on the complaint and notify the interested party within a maximum of 30 (thirty) days from the date of receipt.
• These terms and conditions are governed by Portuguese law.
• Date of this legal notice: June 2018.