Terms and conditions | Bee At Home

The general terms of use and purchase of the Bee At Home online shop.

Introduction

This document (together with the documents referred to in it) sets out the terms governing the use of this Website (www.beeathome.pt) and the purchase of products on it (hereinafter the “Terms and Conditions”).

We recommend that you read the Terms and Conditions, our Cookie Policy and our Privacy Policy (hereinafter together the “Data Protection Policies”) carefully before using this Website. By using this Website or placing an order on it, the user agrees to these Terms and Conditions and to our Data Protection Policy, and should therefore not use this Website if they do not accept the Conditions and the Data Protection Policy in full.

These Terms and Conditions may be amended. It is the User's responsibility to read these Terms and Conditions periodically, as the Terms and Conditions in force at the time the Contract (as defined below) is entered into or at the time this Website is used are those that will always apply.

The User may contact us through the contact form with any questions about the Conditions or the Data Protection Policy.

The Contract may be entered into, at the User's choice, in any of the languages in which the Terms and Conditions are available on this Website.

Your data and your visits to this website

The information or personal data provided by the User will be processed in accordance with the Data Protection Policies. By using this Website, the User consents to the processing of such information and data and confirms that the information and data provided are true and accurate.

The data collected in the Bee At Home online shop is used to process orders and communicate with Customers, handle requests for information, statistical analysis, and for direct marketing purposes.

The customer authorises Bee At Home to send information about products and services that may be of interest to them, using their personal data for direct marketing purposes through any communication channel, namely email, SMS, MMS or other forms of automated calling.

Bee At Home guarantees the confidentiality of all data provided by its customers.

All Customers have the right to access, rectify, erase and object to the processing of their data. If at any time you wish to be removed from the Bee At Home database, you may exercise this right by writing to the following email: info@beeathome.pt.

Use of our website

By using this Website and placing orders through it, the User undertakes to:

Use this Website only to make legally valid enquiries and orders.
Not place any false or fraudulent orders. If we can reasonably consider that such an order has been placed, we will be entitled to cancel it and inform the competent authorities.
Provide us with their email address, postal address and/or other contact details truthfully and accurately. The User agrees that we may use this information to contact them if necessary (see our Privacy Policy).

The User will not be able to place an order without providing all the information requested.

By placing an order on this Website, the User declares that they are over 18 years of age and legally able to enter into contracts.

Availability of services

The items offered on this Website are available for delivery in Portugal, Spain, France, Italy, Denmark, Sweden, Finland, Norway and Iceland.

You may order items from another country through this website, but the items ordered can only be delivered to the countries listed above.

Formation of the contract

The information contained in these Terms and Conditions and the data on this Website do not constitute an offer for sale but an invitation to treat. No contract will exist between us and the User in respect of any product until their order has been expressly accepted by us. If your offer is not accepted and the amount for the product has already been debited from your account, that amount will be refunded in full.

To place an order, the User must follow the online purchase procedure. They will then receive an email confirming the order (the “Order Confirmation”). This does not mean that the order has been accepted, as it constitutes an offer made by the User to purchase one or more products. The User will be informed by email when the order is shipped (the “Shipping Confirmation”). An electronic ticket with the order details (the “E-ticket”) will be attached to the Shipping Confirmation.

Product availability

All product orders are subject to availability. If there are supply difficulties, or if a product is out of stock, we will inform you immediately and reserve the right to provide the User with information about substitute products of equal or higher quality that the User may order. If the User chooses not to order the substitute products, we will refund any amount paid by the User for the unavailable products within 30 days.

Delivery

Notwithstanding clause 7 above regarding product availability, and except in extraordinary circumstances, we will make every effort to ship the order for the product(s) listed in each Shipping Confirmation before the date indicated in the corresponding Order Confirmation or, if no delivery date is specified, within the estimated time shown when selecting the delivery method and, in any case, within a maximum of 30 days from the date of the Order Confirmation.

Notwithstanding the above, delays may occur due to product personalisation, unforeseen circumstances or the delivery area.

If we are unable to meet the delivery date for reasons beyond our control, the User will be informed and will be able to proceed with the purchase, set a new delivery date or cancel the order with a full refund of the amount paid, without prejudice to any other rights under applicable law. We do not deliver to homes on Saturdays or Sundays.

For the purposes of these Terms and Conditions, “delivery” shall be deemed to have taken place, or the order to have been “delivered”, when the User or any third party designated by the User takes physical possession of the products, as evidenced by signing the receipt of the order at the agreed delivery address.

Shipping costs are calculated based on the weight of the products, the destination and the total order value. This amount is shown in the shopping cart before the order is finally confirmed.

Failed delivery

If we are unable to deliver the order to the User, we will leave a note explaining where the order is and how to arrange a new delivery. If the User cannot be at the delivery address at the agreed time, please contact us to arrange delivery on another day.

Please note that if the product is not delivered within the stipulated period, you may be charged for storage of the products and for further delivery attempts.

Transfer of risk and ownership of the products

The risk in the products passes to the User from the moment of delivery.

The User acquires ownership of the products when we receive full payment of all amounts due in respect of the products, including delivery charges, at the time of delivery (as defined in clause 9 above) or thereafter.

Price and payment

The price of the products will be as stated on our Website, except in the case of an obvious error. Although we try to ensure that the prices shown on our Website are correct, errors may occur. If we detect an error in the price of any product ordered, the User will be informed as soon as possible and will have the option to confirm the order at the correct price or cancel it. If we cannot contact the User, the order will be considered cancelled and all amounts paid by the User will be refunded in full.

We are not obliged to supply any product at an incorrect lower price (even if the Shipping Confirmation has already been sent to the User) if the pricing error is obvious and unequivocal and could reasonably have been recognised by the User as an incorrect price.

Prices on the Website include VAT but exclude delivery charges, which are added to the total price as indicated in our Shopping Guide.

Prices may change at any time. However, as set out above, changes will not affect orders for which an Order Confirmation has already been sent.

Once the User has selected all the items they wish to buy, they will be added to their shopping basket, and the next step is to complete the order and make payment. To do so, the User must follow the steps of the purchase process, filling in or checking the information requested at each step.

During the purchase process, and before payment, the User may modify the

order details. In addition, registered Users will have a record of all orders placed in the “Account” area.

As payment methods, the User may use a Multibanco reference, MB WAY, Visa and Mastercard credit and debit cards, and Apple Pay. Payments are processed by ifthenpay.

Card details are neither entered nor stored on this Website: payment is made on ifthenpay's secure page. For MB WAY, card and Apple Pay payments, the amount is charged at the time of purchase.

For MB WAY, credit or debit card and Apple Pay payments, payment must be confirmed within 10 minutes of placing the order. If we have not received payment confirmation by then, the order is automatically cancelled and the items become available again. If payment is confirmed after the cancellation, the full amount will be refunded using the same payment method. For Multibanco reference payments, the order remains awaiting payment and is only processed once payment is confirmed.

By clicking “Order and pay”, the User confirms that the card used is their own.

Credit cards are subject to verification and authorisation by the card issuer; if the issuer does not authorise payment, we will not be liable for any delay or failure to deliver and will not be able to enter into any Contract with the User.

Buy as a guest

This website also allows you to buy as a guest. With this option, only the information essential to process your order is requested. Once the purchase is complete, you will be offered the option to register as a user or continue as an unregistered user.

Value added tax

All purchases made through this Website are subject to Portuguese Value Added Tax (VAT) at the rate in force.

Exchanges and returns policy

Contractual right to return products

We grant the User a period of 30 days from the date of the shipping confirmation to return the products (except those mentioned in clause 14.2 below, for which the right to exchange and return is excluded).

Conditions for exercising the contractual right of return

The User has no contractual right to exchange or return the following products:

Personalised items.
Sealed products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery

The contractual right of exchange and return applies only to products returned in the same condition in which they were received. No refund will be made if the product has been used beyond simply opening its packaging, if products are not in the same condition as when they were delivered, or if they have been damaged, so the User should take due care while the products are in their possession. The User must return the products using or including all their original packaging, instructions and other accompanying documents.

The User may contact us through our contact form or return the product directly to us. The item must be returned together with a printout of the e-ticket attached to the shipping confirmation email. We recommend returning the product as soon as possible. The User will not be responsible for the cost of returning the products if they choose our free return option.

After examining the item, the User will be informed whether they are entitled to a refund of the amounts paid. Delivery costs will be refunded when the contractual right of return is exercised within the contractually defined period and all the products in the order are returned. The refund will be paid as soon as possible and, in any case, within 14 days from the date on which the User informed us of their intention to cancel the order. Notwithstanding the above, we may withhold the refund until we have received the returned goods. The refund will always be made using the same payment method used for the purchase.

The User is responsible for the cost of returning the products if they do not choose the free return option indicated by Customer Care.

For any questions, you can contact us through our contact form or by email at info@beeathome.pt.

Defective products

If, at the time of delivery, the User considers that the product does not conform to the Contract, they must contact us within the legally established period of two months, through our contact form, giving details of the product and the damage, or by email to info@beeathome.pt, where we will tell you the steps to follow.

The User must return the product following the shipping instructions we will send by email (free of charge for the customer). As provided by law, instead of cancelling the contract (with return of the item and refund), the User may also choose to have the product replaced.

The refund or replacement of the product will take place as soon as possible and, in any case, within 30 days of the User's request to restore the conformity of the item. Amounts paid for products returned due to damage or defects will be refunded in full, including the delivery costs for sending the item and the costs of returning it. The refund will always be made using the same payment method used for the purchase.

The provisions of this clause do not affect your statutory rights as a consumer and user, nor your right to cancel the contract.

Right to return orders from countries other than Portugal, Spain, France, Italy, Denmark, Sweden, Finland, Norway and Iceland. If you have ordered items from another country through this website, clauses 14.1, 14.2 and 14.3 apply, with the restriction that transport arranged by us can only be made to the original delivery address.

We also inform you that we are under no circumstances obliged to pay shipping costs to addresses other than the original delivery address, nor return costs from destinations outside Portugal.

Intellectual property

The customer acknowledges and agrees that all copyright, trademarks and other intellectual property rights in the materials or content provided as part of the Website belong at all times to us or to those who have licensed us to use them. The customer may only use such material in the manner expressly authorised by us or by those who have licensed us to use it. This does not prevent you from using this Website, to the extent necessary, to copy information about your order or the Contract details.

Viruses, hacking and other cyber attacks

The User undertakes not to misuse this Website by knowingly introducing viruses, Trojans, worms, logic bombs or any other material that is malicious or technologically harmful. The User shall not attempt to gain unauthorised access to this Website, the server on which it is hosted or any server, computer or database connected to this Website.

The User agrees not to attack this Website by means of any denial-of-service attack or distributed denial-of-service attack.

Failure to comply with this clause will be considered an offence under applicable law. We will report any breach of this provision to the relevant authorities and cooperate with them to determine the identity of the attacker. Likewise, in the event of a breach of this clause, authorisation to use this Website will be suspended immediately.

We will not be liable for any loss or damage resulting from a denial-of-service attack, virus or any other malicious or technologically harmful material that may affect the User's computer, IT equipment, data or materials as a result of using this Website or downloading content from it or from websites to which it redirects.

Links from our website

If our Website contains links to other websites and third-party materials, these links are provided for information purposes only and we have no control over the content of those websites or materials. Consequently, we accept no liability for any loss or damage arising from their use.

Written communications

Applicable law requires some of the information or notices we send to the User to be in writing. By using this Website, the User agrees that most communications from us will be electronic. We will contact the User by email or provide information through notices posted on this Website. For contractual purposes, the User agrees to use this electronic means of communication and accepts that all contracts, notices, information and other communications sent electronically satisfy any legal requirement that they be in writing. This condition does not affect the User's statutory rights.

Notices

Customer notices should preferably be sent through our contact form. Bee At Home may send notices to the User by email or to the postal address provided when placing the order.

Notices shall be deemed received and properly given upon publication on our Website, 24 hours after being sent by email, or three days after posting in the case of postal mail. As proof that a notice was sent, it will be sufficient to show, in the case of a letter, that it was correctly addressed, correctly stamped and duly posted at a post office or in a post box, and, in the case of an email, that the notice was sent to the email address specified by the recipient.

Transfer of rights and obligations

The Contract is binding on both the User and us, and on our respective successors, assignees and heirs.

The User may not transfer, assign, charge or otherwise dispose of a Contract or any of the rights or obligations arising from it without our prior written consent.

Any transfer of our contractual position, rights or obligations under this contract will also be subject to the User's prior consent. For the avoidance of doubt, any such transfer, assignment, charge or other disposal will not affect the User's statutory rights as a consumer, nor cancel, reduce or otherwise limit any express or implied warranties given to them.

Force majeure

We shall not be liable for any failure to perform, or delay in performing, any of our obligations under a Contract caused by events of force majeure (“Force Majeure”).

Force Majeure includes any act, event, failure to act, omission or accident beyond our control, including, among others, the following:

General strikes or other forms of protest significantly affecting the country.
Civil unrest, riots, invasion, terrorist attack or threat, war (declared or not) or threat of or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport or any other means of transport, public or private.
Inability to use public or private telecommunications systems.

Our obligations under Contracts shall be deemed suspended for as long as the Force Majeure situation continues, and the time for performing those obligations shall be extended by a period equal to the duration of the Force Majeure situation. We will use all reasonable means to end the Force Majeure situation or to find a solution that allows us to meet our obligations under the Contract despite the Force Majeure situation.

Waiver

Our failure to require strict performance by the customer of any of their obligations under a Contract or these Conditions, or our failure to exercise any rights or remedies to which we are entitled under that Contract or these Terms and Conditions, shall not constitute a waiver or limitation of those rights or remedies, nor release the customer from performing their obligations.

No waiver by us of a specific right or action shall constitute a waiver of our other rights or actions arising from the Contract or the Terms and Conditions.

No waiver by us of any of these Terms and Conditions or of the rights or actions arising from the Contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the customer in writing.

Severability

If any of these Terms and Conditions or any provision of a Contract is declared null and void by a final decision of the competent authority, the remaining terms and conditions shall remain in force and shall not be affected by that declaration.

Entire agreement

These Terms and Conditions and any document relating to them constitute the entire agreement between us and the User regarding their subject matter and supersede any previous arrangement, agreement or promise between us and the User, whether oral or written. We and the User acknowledge that we have entered into the Contract without relying on any statement or promise made by the other party, or that could be inferred from any statement or document in the negotiations between both parties before the Contract, except those expressly mentioned in these Terms and Conditions.

Neither party shall have any remedy in respect of any untrue statement made by the other party, orally or in writing, before the date of the Contract (unless such untrue statement was made fraudulently), and the only remedy available to the other party shall be for breach of contract under the provisions of these Terms and Conditions.

Right to change these terms unilaterally

We reserve the right to review and amend these Terms and Conditions at any time.

The User is subject to the policies and Terms and Conditions in force at the time they use this Website or place their order, unless the law requires changes to be made retroactively to those policies, Terms or Privacy Statement, in which case any such changes will also apply to orders previously placed.

Governing law and jurisdiction

Use of our Website and purchase contracts made through it are governed by Portuguese law. This provision does not affect other rights granted to consumers under the legislation in force.

Comments and suggestions

Your comments and suggestions are always welcome. Please send them to us through our contact form.

Alternative dispute resolution

If, as a consumer, you consider that your rights have been infringed, you may send your complaint to the email address info@beeathome.pt, in order to seek out-of-court resolution.

In this regard, if the transaction between you and our company was concluded through our Website, we inform you – in accordance with EU Regulation No. 524/2013 – that you may try to resolve any dispute out of court by accessing the online dispute resolution platform at http://ec.europa.eu/consumers/odr/.

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