Terms of Use
Introduction
This document sets out the information relating to the online account and contracts concluded remotely on the website www.healthbest.pt (hereinafter the Healthbest Website), and all its subdomains, referred to in Decree-Law No. 24/2014 of 14 February in its current wording, both within the scope of the purchase and sale of goods and services established without creating an account, and within the scope of the Healthbest account.
The Healthbest website is owned by Healthbest – Medical and orthopedic products trade, a single-member company, Lda, with registered office at Rua António Lúcio Batista no. 11 A, Vila Franca de Xira, corporate number 509 724 639, which is also its registration number at the Cartaxo Commercial Registry Office, hereinafter referred to as Healthbest.
The purchase of any product on the Healthbest Website and its subdomains and the creation of an account presupposes the acceptance of this information and Terms and Conditions of the Online Account.
On the Healthbest website, the Customer can also follow opportunities and competitions and consult their purchase history.
2 – Conditions of Use of the Website
The User must be at least 16 (sixteen) years old to create an online account and make purchases on the Healthbest Website.
The User must use the Healthbest Website in compliance with the provisions of applicable legislation.
The Healthbest Website may have links to other websites, which may contain useful information/tools for its users. These Healthbest Online Account Terms and Conditions will not apply to third-party websites. Therefore, if the User visits another website, redirected from the Healthbest Website, he/she must be aware of and accept its terms and conditions and privacy policy.
3 – Modification of the Website and these Online Account Terms and Conditions
Healthbest reserves the right to modify at any time, without prior notice, the presentation and content of the Healthbest Website, its services and these Terms and Conditions of the Healthbest Online Account, reserving the rights acquired with respect to contracts already concluded and in execution. These modifications will serve to improve the Healthbest Website and, simultaneously, the services offered to the User who, if he/she does not agree with the changes introduced, may cease using the Healthbest Website.
4 – Intellectual property
All content and information contained in the Healthbest Website and its subdomains are the property of Healthbest, authorized or licensed to it and therefore the use, reproduction, copying and dissemination by other means of logos, texts, images and videos, or intellectual property, contained therein is subject to prior authorization from Healthbest in this regard.
The Customer must comply with the contractual and legal conditions applicable to the products sold on the Healthbest Website, namely with regard to the use of intellectual rights, copyright and related rights, personal usage rights that regulate copies, reproduction, rentals, etc. Healthbest cannot be held responsible for any improper use that may be made of these Products.
5 – Product and Price Information
5.1 Product Information
Healthbest takes into account information regarding the essential characteristics of products through technical descriptions shared by its suppliers or third parties, photographs and videos that illustrate the products sold, in strict compliance with the best market standards, transmitting them clearly to its customers on the page of each product and/or service it offers.
5.2 Pricing Information
Healthbest clearly makes available on its Website the total price of each good or service, including fees and taxes, additional shipping charges, postal or delivery expenses or any other applicable charges.
Healthbest cannot be held responsible in the event of a computer, manual, technical or any other error that causes a substantial, unforeseen change in the retail price shown on the Healthbest Website. Therefore, in cases where this is exorbitant or manifestly ridiculous, the purchase order will be considered invalid and cancelled and the Customer will be informed of this fact.
The prices and products available on the Healthbest Website, as well as promotional campaigns and offers, are only valid for purchases made through the Healthbest Website and may not coincide with those practiced in physical stores, except for promotions expressly indicated on the online page.
6 – Creating an account on the Healthbest website
To access all the benefits of the Healthbest online account, as well as to place an order, you must access the Healthbest website and create an account as a user on that website, by filling in the electronic form with your personal data, following the instructions indicated in each step.
After registration, the user will be able to purchase their product(s) from Healthbest.
7 – Payment methods
For the Customer's convenience, Healthbest makes the following payment methods available on the Healthbest Website for products and/or services:
• ATM;
• Paypal;
• MB Way;
Chapter II – Conditions of Purchase from Healthbest on the Healthbest Website
1 – Product Availability
All products on the Healthbest website are available for order, unless out of stock. Products available on the Healthbest website have limited stock and may become unavailable without notice.
In the event of a stock shortage occurring after payment of the order, Healthbest will inform the Customer of this fact with a view to rescheduling delivery as soon as the item is available or refunding the item within a maximum period of 14 (fourteen) days from the date of knowledge of such unavailability.
2 – Delivery Costs
Additional charges may be due for shipping the product purchased on the Healthbest Website, which are added to the total price of the selected products. The Customer will be informed of these charges, whenever applicable, as well as the total price, before confirming the order and completing the purchase process. Healthbest reserves the right to change the prices of these charges at any time, without prejudice to applying the rates and prices agreed upon at the time the purchase order was placed.
Our delivery costs are as follows:
|
SHIPPING METHOD |
PRICE |
DELIVERY TIME |
|
|
SHIPPING RATE BY WEIGHT |
UP TO 5 KG |
€6.00 |
48-96 HOURS |
|
UP TO 10 KG |
€6.30 |
48-96 HOURS |
|
|
UP TO 20 KG |
€7.75 |
48-96 HOURS |
|
|
UP TO 30 KG |
€9.50 |
48-96 HOURS |
|
|
FREE SHIPPING FOR IN-STORE PICKUP |
€0.00 |
48-96 HOURS |
|
3 – Fees and Taxes
The retail prices indicated on the Healthbest Website and its subdomains are shown in euros. VAT and other taxes or fees, which may be due, are included in all prices.
4 - Processing and delivery of the order
The order will only be processed after confirmation of the respective payment, and the Customer will be informed, in writing, of the confirmation of the sale of the product/service and the estimated date of delivery or availability in the store.
Healthbest does not deliver to PO boxes.
Healthbest delivers products sold by you on the Healthbest website to mainland Portugal and the Azores and Madeira archipelagos.
The Customer can choose, within the territory indicated above, whether he wants to receive the item at an address of his choice or at a Healthbest store of his choice.
If the Customer chooses to collect the item from a Healthbest store, he/she must collect it within 15 days of being notified to do so. If the Customer does not collect the item within the indicated period, Healthbest will grant an additional period of up to 90 days for this purpose, after which the item(s) will be considered abandoned, under the terms set out in article 1318 of the civil code, which may imply the loss of the right of ownership in favour of Healthbest.
The order invoice will be made available at the time the order is shipped.
Healthbest may offer additional services related to the delivery process that will be visible during the purchase process.
5 - Order tracking
Healthbest will inform the Customer of the status of their order and the date of delivery or availability in Store by email and/or SMS.
6 – Order Cancellation
Without prejudice to the Right of Free Resolution provided for in point 9, the Customer may request the cancellation of the order on the Healthbest Website, up until the moment the articles are prepared, and to this end must send an email to geral@healthbest.pt.
7 - Errors
In accordance with the terms set out in point 5.2 of Chapter I, any programming errors, defects in the functioning of the computer system (machine) or distortion of the message (including writing errors) are excluded, in accordance with and for the purposes of article 33.º nº 2 al. a) and b) of Decree-Law 7/2004, of 7 January.
8 – Warranty
The products sold by Healthbest at www.healthbest.pt are covered by the Legal Framework for the Sale and Guarantee of Consumer Goods, approved by Decree-Law no. 67/2003, of 8 April, in its current version, and their compliance is guaranteed for a period of two years from the date of delivery of the product. You may exercise your rights by going to a Healthbest store with the respective product, complete and without signs of misuse, and the respective purchase invoice. You may also contact the manufacturer directly.
9 – Right to Free Termination of the Contract
In the context of online purchases, the consumer has a period of 14 days, counting from the day on which he/she acquires physical possession of the goods or from the day on which he/she acquires physical possession of the last good, in the case of several goods ordered in a single order and delivered separately, to return his/her order, at no cost other than those established in this clause and without needing to indicate the reason, in accordance with the provisions of paragraph 1 of article 10 of DL no. 24/2014, of February 14, in its current version.
To exercise this right, you must clearly state that you wish to terminate the contract and you must return the complete item, in the same conditions in which it was sold, without signs of improper use, in its original packaging and in good condition, with the instruction manual and accompanied by all the accessories that make it up.
If the Customer purchases several products as part of a campaign offering one or more products from the order, such as “buy one get two free” or “buy two get three free”, the right of free cancellation must be exercised in relation to all the goods ordered. In these cases, Healthbest will not accept partial returns of the order.
9.1 Declaration of Termination
If so understood, the consumer can exercise the right of free resolution by filling out and sending by email to the address geral@healthbest.pt electronic version of the free resolution form attached to the aforementioned Decree-Law No. 24/2014, of February 14.
9.2 Return of Item
The return by the Customer of any small and medium-sized item must be made within a maximum period of 14 days after communication of the decision to terminate the contract under the Right of Free Termination, by going to a Healthbest physical store, presenting the item in the condition indicated above, as well as the corresponding invoice and transport guide (if applicable) and the identification document (Citizen Card).
9.3. Refund
After exercising the Right to Free Termination of the Contract, the refund of the amount paid by the Customer, including, if applicable, the costs that the customer has paid for the delivery of the goods, will be made through the same payment method that was used in the initial purchase, at no cost to the consumer, after validation of compliance with the return conditions described in point 9, with Healthbest having a maximum period of 14 days for this purpose.
9.4 Legal Exclusions to the Right of Free Termination
Without prejudice to the provisions of point 11.4, the following contracts are excluded from the Right to Free Termination of the Contract:
- Supply of goods made according to the Customer's specifications or clearly personalized;
- Supply of goods which, by their nature, cannot be returned or are likely to deteriorate or expire quickly;
- Supply of sealed goods which are not suitable for return for reasons of health protection or hygiene when opened after delivery;
- Supply of goods that, after delivery and by their nature, are inseparably mixed with other products;
10 – Responsibility
Healthbest is not responsible for losses resulting from any computer viruses, network or internet supply problems, information provided by suppliers or any other situations beyond its control that prevent access to and correct functioning of the domain www.healthbes.pt as well as the services made available therein.
