Termos do serviço
OVERVIEW
Welcome to sexpharma! The terms "we", "us" and "our" refer to sexpharma. sexpharma operates this store and website, including all related information, content, features, tools, products and services, with the aim of providing you, the customer, with a personalized shopping experience (the "Services"). sexpharma is built using Shopify technology, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as the warranty policy, disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
MERCHANT IDENTIFICATION
Refixe, Lda. VAT/Tax ID (NIPC): PT507837223 Registered office: Av. François Mitterrand 33B, 2710-723 Sintra, Portugal Telephone: +351 219 265 923 Email: info@sexpharma.eu
Under the legislation applicable to electronic commerce in Portugal, this identification information is also permanently and visibly available in the website footer and on the "About Us" / "Legal Information" page.
SECTION 1 - ACCESS, ACCOUNT AND AGE RESTRICTION
The products and services made available through this website are intended exclusively for persons aged 18 or over. The sale of the products on this website is prohibited to minors under the age of 18.
By agreeing to these Terms of Service, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into binding contracts. If you are under 18, you are not authorized to access, browse or make any purchase through this website.
We reserve the right to refuse, cancel or void any order where there are reasonable grounds to doubt the buyer's age of majority, without prejudice to any other verification measures we may implement.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, and billing, payment and shipping information. You represent and warrant that all information provided in our stores is correct, current and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, the colors or appearance of products may differ from those shown on your screen, due to the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance of purchased products will exactly match the images shown in the online store, without prejudice to the statutory warranty rights described in Section 6.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
By placing an order, you are making an offer to purchase, in which you represent that you are 18 years of age or older under Section 1. sexpharma reserves the right to accept or refuse your orders for any reason, at its sole discretion. Your orders will not be accepted until sexpharma confirms acceptance. We must receive and process your payment before we accept your order. Please review your order carefully before submitting it, as sexpharma may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email, billing address and/or phone number provided at the time the order was placed.
Your purchases are subject to return, exchange or repair in accordance with our Refund Policy and the Warranty Policy described in Section 6.
You represent and warrant that your purchases are intended for your personal or household use, and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be specified in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping, handling, customs or import duties.
Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may occasionally offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion's terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we hand over products to the carrier, ownership and risk of loss pass to you.
SECTION 6 - WARRANTY POLICY
As a consumer, you benefit from the statutory conformity warranty set out in Decree-Law no. 84/2021 of 18 October and other applicable Portuguese legislation, including with respect to consumable products such as capsules, supplements and stimulants.
The statutory warranty period is 3 (three) years from delivery, applicable to non-conformities existing at that time. For products with their own shelf-life/expiry date, the date shown on the packaging defines the product's normal expected use; the natural cessation of its effects after that date does not constitute a defect covered by the warranty. Products delivered past their expiry date, with damaged or tampered packaging, or that differ from what was ordered, always constitute a covered non-conformity.
The warranty does not cover normal wear and consumption, subjective effects of use, or improper storage or misuse by the consumer after delivery.
Presumption of non-conformity: any defect detected within the first two years after delivery is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the goods.
Your rights in the event of a defect: you are entitled, at your choice and at no additional cost, to:
- Repair of the product; or
- Replacement of the product;
and, where these are not possible, proportionate, or not carried out within a reasonable time:
- A price reduction; or
- Termination of the contract (return of the product with a refund).
How to exercise your warranty rights: contact us at info@sexpharma.eu or the phone number listed under "Merchant Identification", with a description of the defect and proof of purchase (invoice or order confirmation). We will review your request and advise on next steps.
This statutory warranty policy applies without prejudice to any additional commercial warranty that may be offered by the product manufacturer, which never replaces, but may complement, the statutory warranty described here.
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are the property of sexpharma, its affiliates or licensors and are protected by patents, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, transfer, store or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property of sexpharma, Shopify or any third party. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted herein are reserved by sexpharma.
The names, logo, product and service names, designs and slogans of sexpharma are trademarks of sexpharma or its affiliates or licensors. You may not use such trademarks without the prior written permission of sexpharma. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.
SECTION 8 - OPTIONAL TOOLS
You may have access to third-party tools offered as part of the Services, over which we have no monitoring, supervision or control.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising from or related to your use of optional third-party tools.
Any use you make of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party provider(s).
In the future, we may also offer new features through the Services (including the launch of new tools and resources). Such new features will also be considered part of the Services and are hereby subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any damages or losses related to your access to any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
sexpharma is built using Shopify technology, which enables us to provide the Services to you. However, any sale and purchase you make through our Store is made directly with sexpharma. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and sexpharma, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or related to your purchase and transaction with sexpharma.
SECTION 11 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which is available for review, and certain personal information may also be subject to Shopify's Privacy Policy, which is available for review. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you provide to the Services will be transferred and shared with Shopify as well as with third parties who may be located in a country other than the one in which you reside, so that we can provide services to you. Please refer to our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 12 - FEEDBACK
By submitting, uploading, posting, emailing or otherwise sharing ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all rights necessary in and to all feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of your feedback; and (iii) your feedback will comply with these Terms. We have and will have no obligation (1) to keep your feedback confidential; (2) to pay you compensation for your feedback; or (3) to respond to your feedback.
We may, but are not obligated to, monitor, edit or remove feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You may not use a false email address to submit feedback, impersonate any other person, or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you submit and its accuracy.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).
SECTION 14 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, national or international regulations, rules, laws or decrees, including those relating to the sale of products to minors; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information, including regarding your age; (f) to submit, receive, upload, transfer, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any unsolicited advertising or promotional material; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You further agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext through the Services; (e) use any robot, spider, scraping tool or automated means to access the Services; or (f) interfere with, circumvent or evade any security or authentication features. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms — including the age representation made in Section 1.
SECTION 15 - AGENTS
15.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the direction of, any person or entity.
15.2 No Agent may access, use or interact with the Services unless it identifies itself and operates in strict compliance with the requirements of section 15.4 below, and no Agent may access, use or interact with the Services if we have requested that the Agent refrain from doing so.
15.3 We may limit, including through technical measures, whether and how any Agent accesses, uses and interacts with the Services.
15.4 Agents must: (i) identify themselves as such in the user-agent string of the request; (ii) not conceal or disguise that any access is being made by an Agent; (iii) respond truthfully to any question intended to determine whether interactions are human; (iv) not circumvent measures intended to control Agents' access to the Services.
SECTION 16 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive any termination: Intellectual Property, Warranty Policy, Feedback, Termination, Disclaimer (with respect to additional commercial warranties), Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 17 - DISCLAIMER
The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information, without prejudice to the statutory warranty rights described in Section 6, which remain fully applicable and are not excluded by this clause.
Except as expressly stated by sexpharma, and without prejudice to the statutory conformity warranty set out in Section 6, the Services are provided "as is" and "as available" for your use, to the fullest extent permitted by law. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
SECTION 18 - LIMITATION OF LIABILITY
To the extent permitted by law, and without prejudice to the non-waivable rights of consumers under Portuguese law (including the statutory warranty described in Section 6), in no event shall sexpharma, our partners, officers, employees, affiliates, agents, contractors or service providers, or those of Shopify and its affiliates, be liable for any indirect, incidental, punitive, special or consequential damages arising from your use of the Services or any products purchased.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless sexpharma, Shopify and our affiliates, partners, officers, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to third parties arising out of or related to (1) your breach of these Terms of Service, (2) your violation of any law or the rights of any third party — including false statements regarding your age —, or (3) your access to and use of the Services.
SECTION 20 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
SECTION 21 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals.
SECTION 22 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreement under which we provide you Services shall be governed by and construed in accordance with the laws of Portugal, with jurisdiction lying with the courts of the location where sexpharma has its registered office, without prejudice to consumer protection rules that may confer different jurisdiction where applicable.
SECTION 24 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 25 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service, product warranties, or any other matter should be sent to info@sexpharma.eu or to the phone number listed under "Merchant Identification" at the beginning of this document.
Refixe, Lda. info@sexpharma.eu Av. François Mitterrand 33B, 2710-723 Sintra VAT/Tax ID (NIPC): PT507837223 Phone: +351 219 265 923