TERMS OF USE

The terms of use presented below are established for clarification and agreement between the two parties: on one hand the company Essencials Apotecário Ayurveda (hereinafter also referred to as Essencials, Company, Contractor, Supplier or We), and on the other hand the Customer (hereinafter also mentioned as Buyer or Contractor) of the rules and conditions of use of our website.

 

THE COMPANY

  • The company Essencials Apotecário Ayurveda is registered under the tax number 297146505 of the individual of Joaquim Carlos de Faria Neto with its coworking headquarters at Rua Maria Luísa de Almeida Matos, no 98, ap.2.2 in Valongo, district of Porto, Telephone no +351 910579199, email: contato@essencialsayurveda.com

  • In case of questions or further information about our policy, rules and conditions, please contact us via the email or telephone mentioned above.
     

STANDARDS

  • The rules and conditions are applied to the online sales platforms of Essencials Apotecário Ayurverda through the website www.essencialsayurveda.com , as well as for email or mobile phone when already registered.

  • These rules and conditions are the responsibility of Essencials. By using the website or purchasing any of our products or services, you agree to our terms and conditions.

  • Our terms were created in accordance with Portuguese legal norms and will be subject to these, if you agree with the terms.

  • We reserve the right to update or change any regulation without prior notice to our customers. The respective changes made take effect as soon as they are published online.

  • Neither party will be liable to the other for any failure or delay in fulfilling its obligations arising from acts of God or force majeure.
     

OPERATION

  • The online store will be up and running 24 hours a day. Order processing and shipping of products are carried out from Monday to Friday, except for public holidays.

 

ABILITY TO REGISTER AND PURCHASE ON THE WEBSITE

  • The products offered for sale on this site are only available to persons with legal capacity, and persons who do not have full civil capacity cannot register and purchase, as determined by the Civil Code – Decree-Law 47344/66 of 25 November.

  • For a costumer to register an account, it ́s necessary for the customer to provide his/her name, contact, address, email and create a password, as well as other additional information that may be necessary for the customer's registration.

PRODUCTS

  • Essencials follows the recommendations of good hygienic-sanitary practices for the manufacturing of products and cosmetics. The work areas are disinfected, as well as all materials to be used in production and all containers that will accommodate the contents of our products. In addition to cleaning the physical space, we also carry out an energetic cleaning of the environment with mantras and prayers in each production.

  • Our products are handcrafted, conscientiously and carefully in small batches.

  • We use natural, biodegradable ingredients in our products, and whenever possible biological.

  • We seek, whenever possible, to find national suppliers and support local producers.

  • Our products are suitable for vegans and are not tested on animals.

  • The colors of our products are natural and come from the inputs themselves, usually from the

    plants used in the preparation.

  • All our products are handcrafted so they may have differences in color on packaging, labels

    and content. This may also reflect some differences from the pictures of the products presented our website, however, we strive to ensure that the images are as trustworthy as possible.

  • As they are handcrafted, the shapes, aromas and textures can also show differences in the same product.

  • The quantities, as it is done by hand, are always approximate (there may be small deviations above or below what is stipulated on the package).

  • In the case of liquid products, it is normal to find sediments from the bottom of the package, because we use extracts, aerial parts or plant powders in the preparations, whether these are added as part of the composition or through infusions and other techniques/means of preparation. These sediments are perfectly normal, so we always suggest shaking the bottle before use.

  • Most of our products do not contain preservatives in their composition and are 100% natural, therefore, it is necessary for the customer to comply with the correct use and storage precautions for each of our products, these recommendations are available on our website on the product page.

  • If a preservative is used in any of our products because we believe it is necessary to reduce the risk of contamination, this information will be notified in the list of ingredients on our website on the page of the product in question. When used, they will be preservatives of natural origin, safe and approved by ECOCERT for use in organic cosmetics.

  • Each product contains the batch number and expiration date while closed and after being opened, with the recommendation to use preferably before the deadline stipulated in the hourglass figure.

  • We are not responsible for products that are damaged by misuse or poor conditioning by the customer.

  • Any problem found by the customer in any of our products within the current period of use, whether in closed packaging or after being opened, and which has strictly followed the storage and use recommendations, please contact us through our e-mail contact @essencialsayurveda.com referring to the problem, product and batch number so that we can verify the occurrence.

  • The accessories sold don ́t have an expiration date, and it is up to the customer to take care and care for them.

  • Our containers are all recyclable (glass or plastic) and we kindly ask customers to reuse or dispose of them in the correct recyclable waste bins: green for glass and yellow for plastic.

  • We try to use the appropriate packaging for each type of product in order to ensure the best conservation and ease of use/application.

  • The materials we use to pack and ship our products to customers are also recyclable. We sometimes use materials that we receive from our own suppliers in order to minimize environmental impacts. Generally, our packages are: Cardboard Boxes, Kraft Paper, Tissue Paper, and Wheat Straw; with the exception of the latter which can be used in composting or thrown into the organic waste container, the rest should be deposited in the 'blue recyclable waste container' for paper.

  • We seek in our productions to consume the least amount of resources in order to avoid waste and reduce environmental footprint.

  • We advise our customers that when handling our products, they use the most appropriate systems to remove the contents of the container before being applied or consumed, either by the spray system, dropper, spatula or spoon - we do not advise using the fingertips or hands for this purpose, as it can contaminate the product and cause it to spoil or deteriorate. Usually, the containers come with the appropriate system for application, with the exception of jars - for these we recommend the customer to use a spatula or spoon exclusively for this purpose.

     

PRICES

  • The company will comply with the prices shown on the website at the time of purchase and is not obliged to comply with previous tables.

  • Essencials reserves the right to adjust the prices as it suits it without having to make prior communications to customers.

  • Prices and payment terms are exclusive for online purchases.

  • The products sold are subject to being in stock and may be discontinued at any time by

    the company.

  • Prices are in euros with the respective fees and taxes included. If there is a change in the

    value of any fee or tax (e.g. VAT), the value of the product will be adjusted in accordance

    with this change.

  • A reduction in the price of products may be applied by Essencials from the first to the last

    day of the current year through discounts, either through balances, promotions or settlements, which will be informed by means of a percentage and/or cash value and may or its duration cannot be determined.

 

PAYMENTS

  • Payment must be made in advance and can be made by credit card, Paypal service and in some situations also by deposit or bank transfer.

  • Our sales are subjected to analysis and confirmation of customer data and will only be completed after these procedures.

  • The order will be released immediately upon confirmation of payment for the product and shipping by the customer. Free shipping will be offered to the customer by the company when the purchase price is equal to or greater than 70 euros in mainland Portuguese territory and 80 euros for Portuguese islands and other EU countries.

  • The company will communicate confirmation of payment via the internet (e-mail or in the customer's user account on our page).

     

DELIVERIES AND INVOICES

  • Shipping, except when offered by Essencials, must be paid in advance along with the payment of the product, the amount of which will be informed by the website's platform before the purchase is finalized.

  • Orders are shipped by Essencials to the courier service within 48 hours after confirmation of payment from the customer and if the company has the item in stock, except for extraordinary situations disclosed on digital platforms. If the product is not in stock and the sale has taken place, we will inform the customer about the expected delivery of the same, if it exceeds the period of 30 days, we will notify the customer and the payment may be refunded if he loses interest in the purchase.

  • Delivery will be made within 5 working days after payment, processing and dispatch of the order by the company. From the moment the order is delivered to the Courier service, the responsibility for it will be, from then on, the Courier/carrier itself. Essencials stipulates a delivery period of up to five days based on the table reference provided by the CTT courier service, however, after dispatch, we do not assume any responsibility for delays.

  • It is the customer's responsibility to check the address before requesting delivery of the order.

  • It is the customer's responsibility to check the conformity of the products with the invoice

    sent by the electronic system upon delivery.

  • The invoice will be available on our website in digital format in the customer's area after

    confirmation of purchase.

  • When you receive your order, please check the condition of the items.

  • If the customer receives any product that is defective or in disagreement with the order, the

    customer may refuse delivery, request and return it, for that, we ask the customer: make a note on the back of the delivery receipt explaining the refusal, contact us immediately by email contato@essencialsayurveda.com to inform what happened, and if possible, attach photo(s) with the damage/problems found.

  • After the refusal and return of the order to our distribution center, we will initiate the problem resolution: money back or product exchange, according to the customer's interest. We will try to give an answer within a maximum of 2 working days after receiving the goods, except during periods of company recess.

  • The receipt of the order is the customer's responsibility. Delivery may be made to third parties

    (doormen, secretaries, family members or anyone responsible for receiving goods at the

    address indicated), upon signing the proof of delivery and presenting a document.

  • In the event that the customer does not authorize the delivery of the order to third parties, it is up to the customer to notify Essencials in an additional note on the website platform or via email. The same recommendation is made for shipments to addresses other than those filled

    out in the registration or even for a time window for the delivery chosen by the costumer.

  • If the custumer or a third party was not able to personally receive the order, we suggest checking the mailbox to see if a voucher for picking up the order has been left by the delivery company. This occurs in failed delivery attempts to the client. In this case, to pick up the order, the customer must go to the post indicated in the CTT voucher, bearing an identification

    document within the current period stipulated by the courier company.

  • If the delivery fails on the first attempt and the order is directed to a CTT post to be picked up by the customer within a period (usually five days) and the customer does not do so, the order will be returned by the courier company to Essencials, in this in this case, the fault of the failed delivery of the order is the buyer's and the charges for resending are the responsibility of the

    customer.

  • Essencials is not responsible for failed delivery attempts of the order due to: inaccessible

    mailbox, problems with the home bell, non-collection of the order, absence of the customer or third party at the reception of the goods, etc. It is up to the customer to verify the conditions and possibilities for receipt.

  • We suggest that the customer try to find out what are the usual delivery periods by the postman or CTT service in their street or neighborhood, as the order will probably be delivered within this period.

  • We suggest that the customer try to find out the usual delivery periods by the postman or CTT service in their street or neighborhood, as the order might be delivered within this period.

  • While completing an order, if the customer makes a mistake or wishes to change previously inputted data, we ask you to send an email to contato@essencialsayurveda.com with the due corrections, however, those changes will only be accepted by Essencials if the order has not yet been shipped by the company. The corrections will only be valid when the company notifies the customer about receiving this request and confirms that any adjustments have been made.

  • The shipping cost of delivery is calculated based on the delivery location and weight (possibly the dimensions of the Product may also be taken into account).

  • For purchases equal to or greater than 70 euros in mainland Portuguese territory and 80 euros for Portuguese islands and other EU countries, shipping costs will be offered by the company.

  • Shipping prices indicated on the website are exempt from VAT, in accordance with article 9 of the VAT – exemptions for internal operations.

  • For purchases in countries outside the European Union, the customer is subjected to the payment of customs fees determined by the country of destination, in this case the postal service of the destination country will contact/deliver the order.

  • The company does not authorize the carrier to:

    • Goin side the customers home;

    • Deliver by alternative means (example: lifting product by window); o Open the product packaging;

    • Carry out delivery to an address different from the one indicated in the purchase.;

    • Delivery to minors or without identification document.

  • Deliveries are made in Portuguese territory (Mainland and Islands), in other countries of the

    European Union and in the rest of the world.

  • Orders are sent via the CTT courier service in Registered or Express form.

  • Essencials is not obliged to send product samples to the customer, when it does, it is of free

    will and according to the current quantity of the product in stock.

     

EXCHANGES AND RETURNS AND PRODUCT WARRANTIES

  • The deadline for withdrawal, exchange or return of the product will be a maximum of 14 days without the needing to pay extra fees, provided that the product is intact and packed in its original packaging, as determined by the law.

  • Returns will only be valid if the customer communicates this decision by email (contato@essencialsayurveda.com) The customer should also explain the motive, the period in which it will be returned, the order number in question and other information that the customer deems necessary. The answer for this request may take up to two business days, except for company recess periods.

  • If a return has been completed, the refund will be made within 14 days after the reception and analysis of the products by the company. The method of refunding will be done in the way that Essentials deems most appropriate. For this the customer must inform your NIB or IBAN number. A refund will only be valid if the product is intact after the return or if there is a problem with the product. There may be a delay in refunding the money if the company has not received the product back or even in extraordinary situations (example being in recess).

  • In case of cancelled orders by the company, Essencials will refund the amount referring to the value of the product. The shipping costs will not be refunded once they have already been paid to the courier company.

  • In case of return of the order with the intention of exchanging for another product, Essencials is willing to return the difference of money to the customer if the final value of the exchange order is lower, on the other hand, if the value of the new order is greater than that the initial value of the previous purchase is the responsibility of the customer to pay the difference in value.

  • All exchanges, whether for regret or product defect/failure, must be made exclusively by the means the order was originally sent (correspondence with Registration). It is up to the customer to carefully pack and ship the product. To validate an exchange, we ask the customer to also send an email or note with the motive.

  • Customers will bear the costs related to the return, as well as the second shipment in cases of exchange, provided there is no fault on the part of the company.

  • Essencials undertakes to bear the costs of return and resending if any product has suffered any damage during transport, if it does not correspond to the product that was purchased by the customer or if it was a shipping mistake by Essencials. However, the customer can ́t damage or open the packaging as well as any seals in the products until the replacement of the item or refund has been processed, otherwise, the items will not be subject to exchange or return.

  • Orders with personalized products, will not be entitled to a return, exchange or refund.

  • The supplier company respects all the terms described in Law 24/96 on Consumer Protection.

 

DISCLAIMER OF WARRANTIES

  • Essencials does not provide any medical clarification.

  • Essencials products are not intended to diagnose, treat, cure or prevent any disease. The

    information on this website is for educational purposes and the exchange of knowledge only,

    and is not a substitute for medical advice, diagnosis or treatment.

  • If you are taking any medication or undergoing any health treatment that our products may

    affect the situation, we ask the customer to consult their physician or healthcare provider before using our products. (E.g: the buyer/user of our products is undergoing a skin health treatment and purchased a massage oil). Essentials is not responsible for these situations.

  • The company presents the ingredient list of all products on the website and on the product labels. It ́s the customers responsibility to carefully read the components of the products before purchasing to make sure they are not allergic to any of the ingredients shown.

  • We are not responsible for cases of allergies or intoxication by any of our products, in these situations seek medical help immediately or contact the CIAV - Poison Information Center (808 250 143), have the product label close so you can inform the healthcare professional the list of ingredients on the label.

  • The videos and any audio-visual resource materials published on our website and other social networking pages with informative content or discussions about Ayurveda are based on acquired knowledge, studies or readings on the subject by the interlocutor or by Essencials with for informational purposes only.

  • We do not advise, through any of our contents, anyone to change or abandon any medicine or medical treatment they are receiving.

  • The content presented on our website or social media is not intended to interfere or injure any health professional, religion, philosophy or lifestyle of anyone.

  • It is up to the customer to safeguard and keep the products out of reach of children and people with reduced capacity.

  • We assume no responsibility for viruses, damage or intrusions by third parties on the customer's computer when visiting or making purchases on our website.

  • We are not responsible for damages or errors in the content or information on our website, however, we will always do our best to ensure the veracity, accuracy and compliance of our website and online store.

     

CLAIMS

  • If the customer has any complaints, problems or disputes, whether it is technical related to our website, registration page, purchases, deliveries, returns or with any of our products, we ask that you contact us by phone +351 910579199 or via email through the electronic address contato@essencialsayurveda.com so that we can try to resolve the situation in the best way possible.

  • In compliance with the statute of Law 144/2015 of September 8, 2015 on consumer dispute resolution, we provide the information so that the customer, if he does not want to complain directly to us as a company, can, alternatively, exercise his right complaint to the competent official entities, which is third and impartial to the process. These entities are intended to help or give guidance to any conflicts before the opening of litigious proceedings in Court. Below is the indication of two competent entities:

 

Centro de Informação de Consumo e Arbitragem do Porto Rua Damião de Góis,31 – Loja 6
4050-225 – Porto
www.cicap.pt

+351 22 550 83 49 / +351 22 502 97 91

 

Centro de Arbitragem de Conflitos de Consumo de Lisboa Rua dos Douradores, no 116 – 2o
1100 - 207 Lisboa
www.centroarbitragemlisboa.pt

(+351) 218 80 70 30

 

For more information you can also consult the Consumer Portal through the link https://www.consumidor.gov.pt/

 

OWNERSHIP OF CONTRACTS AND DISTINCTIVE SIGNS

  • The images, videos and other contents of the website, as well as the logo are the exclusive property of the Essencials company, and as such, are protected by law, and third parties are prohibited from using them, whether for personal or commercial use.

  • The use of the trademark registered by the Essencials company is prohibited by law.

     

JURISDICTION AND APPLICABLE LAW

  • All items of this term will be governed by the laws of the Portuguese Republic. For all matters relating to its interpretation and compliance, the parties will submit to the jurisdiction of the city of Porto, except for complaints filed by users who fall within the legal concept of consumers, who may submit to the jurisdiction of their domicile.

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