Termos e Condições
1. Scope and Purpose of the General Conditions of the Store
These General Conditions are intended, for the sale of the existing products, and other elements referred to in them, to regulate the terms and conditions governing the provision of the Service and Sale on HXLY's Online Store.
The Service consists of providing, through the address https://hxlynature.com/ e www.hxlynature.com, with access to the Online Store which, in addition to providing information regarding a range of products and/or services, allows the User, electronically, to order the advertised products under the terms and conditions described herein.
The ordering of products must be made by Users aged 18 (eighteen) years or older (individuals under this age must have authorization from their representatives).
2. Product Information and Contents
HXLY will make every effort to ensure that the information presented does not contain spelling errors, which will be promptly corrected whenever they occur. If you purchase a product that has different characteristics than those presented online, you have the right to proceed with the resolution of the purchase contract under the applicable legal terms (right of withdrawal - see point 9).
HXLY will make every effort to ship all ordered products, but it is possible that, in certain cases and due to causes hardly controllable by HXLY, such as human errors or incidents in computer systems, it may not be possible to provide some of the products requested by the User. If any product is not available after placing the order, you will be notified by email or phone. At that time, you will be presented with a solution or the option to cancel the order with a corresponding refund if payment has already been made.
All information regarding price, products, specifications, promotional actions, and services may be changed at any time by HXLY without prior notice.
All promotional campaigns available at www.hxlynature.com have limited stock and may be subject to limited duration, being exclusively for online sales. Whenever there are promotional campaigns, they may have specific access conditions that the Customer should consult.
3. Responsibilities
3.1 All products and services marketed on the HXLY Online Store comply with Portuguese law.
3.2 The Store has the appropriate security levels; however, the Brand, will not be liable for any damages suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its control, namely, any deficiencies or failures caused by the communication network or communication services provided by third parties, by the computer system, by modems, by connection software, or by any computer viruses or resulting from downloading infected files or files containing viruses or other properties that may affect the User's equipment. If, for some reason, there is an error in accessing the HXLY Online Store website, resulting in the impossibility of providing the service, HXLY will not be liable for any damages.
3.3 Queries for data and information made within the scope of this Service are presumed to be made by the User, with HXLY refusing any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 HXLY shall not be liable for any losses or damages caused by abusive use of the Service that cannot be directly attributed to it as willful misconduct or gross negligence.
3.5 HXLY is not responsible for damages resulting from the non-compliance or defective performance of the Service when such non-compliance or defective performance cannot be directly or indirectly attributed to it as willful misconduct or gross negligence, specifically including:
i) errors, omissions, or other inaccuracies relating to the information provided through the Service
ii) damages caused by the fault of the User or third parties, including violations of intellectual property
iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or
iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, extraordinary or unforeseeable situations, beyond HXLY's control and that it cannot control, such as fires, power cuts, explosions, wars, riots, civil unrest, government decisions, strikes, earthquakes, floods, or other natural disasters or other situations not controlled by HXLY that prevent or harm the fulfillment of assumed obligations
3.6 HXLY does not guarantee that:
i) the Service will be provided uninterrupted, secure, error-free, or function indefinitely
ii) the quality of any product, service, information, or any other material purchased or obtained through the Service meets any User's expectations regarding it
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 system and computer equipment or 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 will create any warranty not expressly stated in these General Conditions
v) If the user sends the wrong file/logo/image for customization, they will not be able to cancel the order or request a refund after customization
3.7 The User agrees that HXLY cannot in any way be held responsible for any damages, including but not limited to, damages for loss of profits, data, content, or any other losses (even if previously warned by the User about the possibility of such damages occurring), resulting from:
i) the use or inability to use the Service
ii) the difficulty of obtaining any substitute goods/services
iii) unauthorized access or alteration of personal data
4. Consumer Obligations
4.1 The user undertakes to:
i) Provide accurate personal data and addresses
ii) Not use false identities
iii) Respect the order limits imposed
iv) Send the correct file for customization
4.2 If any of the data is incorrect or insufficient, resulting in a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and HXLY disclaims any liability.
In the event that the consumer violates any of these obligations, HXLY reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by HXLY to the same User, and deny the User future access to any or all services provided by HXLY.
4.3 The use of purchased products and services for commercial purposes, particularly for the purpose of reselling goods, is expressly prohibited.
5. Personal Data Protection
5.1 HXLY ensures the confidentiality of all data provided by Users.
5.2 The personal data identified in the order form as mandatory are essential for the provision of the Service by HXLY. The omission or incorrectness of the data provided by the User is their sole and entire responsibility and may result in the refusal of service provision by HXLY.
5.3 The User's personal data will be processed and stored electronically and are intended to be used by HXLY within the scope of the contractual and/or commercial relationship with the User and, with the User's authorization, for marketing purposes, AS SPECIFIED ON A CASE-BY-CASE BASIS AND IN ACCORDANCE WITH THE COMPANY'S SPECIFIC OBJECTIVE.
5.4 In accordance with applicable legislation, the User is guaranteed, at no additional cost, the right to access, rectify, and update their personal data, directly or by written request, as well as the right to object to their use for the purposes provided in the preceding paragraph, and must, therefore, contact the entity responsible for processing personal data: HXLY.
5.5 The Internet is an open network, so the User's personal data, other personal information, and all content hosted on the Service may circulate on the network, running the risk of being accessed and used by unauthorized third parties, and HXLY cannot be held responsible for such access and/or use.
6. Warranty
6.1 All products available in the Store are properly certified by the competent international entities according to their typology.
7. Intellectual Property
7.1 The Store is a website with a registered domain, and the service provided by the website itself is the responsibility of HXLY.
7.2 The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable legislation.
7.3 The User acknowledges that any content appearing in advertising, highlights, promotions, or mentions of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws, and other laws protecting property, and any use of such content may only occur with the express authorization of the respective owners.
7.4 The User undertakes to fully respect the rights referred to in the previous paragraph, namely refraining from any acts that may violate the law or the aforementioned rights, such as reproduction, commercialization, transmission, or making available to the public of such content or any other unauthorized acts that have as their object the same content.
8. Security Conditions of the Service
8.1 The User undertakes to comply with all applicable legal provisions, namely, not to engage in or encourage the practice of unlawful acts or acts offensive to good morals, 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 to advertising communications through automatic calling machines, and must also observe the rules of use of the Service, under penalty of HXLY suspending or deactivating the Service in the terms provided for in point 14.
8.2 The User expressly acknowledges and accepts that the IP Network constitutes a public network of electronic communications susceptible to use by various users, and as such, subject to computer overloads, so HXLY does not guarantee the provision of the Service without interruptions, loss of information, or delays.
8.3 HXLY also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or force majeure (extraordinary or unforeseeable situations, beyond HXLY's control).
8.4 In case of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is based, HXLY undertakes to restore its operation as quickly as possible.
9. Suspension and Deactivation of the Store Service
9.1 Regardless of any prior or subsequent communication, the Brand may, at any time, and at its sole discretion, discontinue the provision of the Service or part of the Service to one or all Users.
9.2 HXLY also reserves the right to suspend or immediately terminate access to the Service in the following cases:
i) When the User does not comply with the conditions of use referred to in point 4 and others mentioned in the General Conditions
ii) When HXLY terminates access to the Store, upon prior communication with a notice period of 15 days before the termination date
9.3 The suspension or termination of the Service by HXLY, according to the previous clauses, does not affect the right of the User or third parties to any compensation or other remedy. HXLY cannot be held liable or burdened in any way for any consequences resulting from the suspension, annulment, or cancellation of the Service.
9.4 In the situations described above, HXLY will communicate with the User in advance so that they can, if they wish, safeguard the content of their order viewing area within 3 (three) business days from the sending of the email or the information being made available on the main page of the Service.
10. Comunications
10.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS, or by phone contact.
10.2 The User accepts or not to receive any communication and/or notification related to the Online Store, to the address, contact phone, and/or email address ("email") indicated in the ordering process. At any time, the User can request not to receive these communications and/or notifications through the Contact Form or through the option "Do not receive the Newsletter" included in each Newsletter.
11. Technical Settings
11.1 Without prejudice to the provisions of the following paragraph, HXLY may change the Service and/or its technical conditions of provision, as well as the respective rules of use, by informing the User of such changes with a minimum of 15 (fifteen) days in advance.
11.2 The version of these General Terms and Conditions and their annexes currently in force is available on the website https://hxlynature.com/
12. Communications
12.1 Whenever deemed necessary or convenient to optimize the browsing experience of HXLY and/or improve connectivity conditions, it may remotely reconfigure network settings.
12.2 Notwithstanding the provisions of the following sections, and considering the innovative nature of the Service and the technological advancements to which it may be subject, HXLY may change its technical configurations whenever it deems it convenient to adapt to potential technological developments.
12.3 However, HXLY does not guarantee the User the implementation of any upgrades or improvements to the Service.
12.4 Some upgrades or new features of the Service may be available only upon payment by the User and/or subscription to Specific Conditions of use.
13. Complaints
13.1 The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally constituted, as well as file complaints with HXLY regarding acts and omissions that violate the applicable legal provisions for the purchase of goods.
13.2 The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the User's knowledge of the facts, and will be recorded in HXLY's information systems, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of its receipt.
14. Shipping
14.1 Our partners for delivering the merchandise purchased in our online store are mainly CTT at the moment. Soon, we will bring new options.
14.2 HXLY is not responsible for any delays that are the responsibility of the carriers. However, if it exceeds a reasonable number of days after shipment, please contact us so that we can conduct an investigation with the chosen distributor to resolve the situation as quickly as possible.
15. Applicable Law
The Contract shall be governed by Portuguese law.