Terms and Conditions
1. Scope
1.1 These general terms and conditions regulate the Terms and Conditions of Use of this website operated by Lostflavour, Unipessoal, LDA, a limited company with its registered office at Rua de Santa Marinha, n.º 6, 4585-813 Astromil, registered at the Commercial Registry Office of Paredes under the single registration number and NIPC 513 666 710, with a share capital of €30,000.00 (thirty thousand euros), (hereinafter referred to as “Lostflavour”), as well as the purchase of products through the virtual store available on it.
1.2. By accepting these Terms and Conditions of Use or by placing an order, the User declares to have read and accepted them.
1.3. Lostflavour reserves the right to change these Terms and Conditions of Use without prior notice.
2. Use
2.1. Lostflavour may restrict access to certain pages of the website to authenticated users.
2.2. Authentication consists of the User's identification, by entering a user ID and a password, which are mandatory fields to be filled in when registering as a User.
2.3. Registration is free and implies acceptance of these general terms and conditions of use.
2.4. The password chosen by the User is personal and non-transferable, and any assignment or communication to third parties is prohibited.
2.5. At the end of each use, the User must log off from the password-protected area.
2.6. Whenever the User becomes aware that their user data is being used by third parties, they must immediately notify Lostflavour.
3. Contract
3.1. The information contained in these Terms and Conditions of Use does not constitute an offer for sale, but rather an invitation to contract, and therefore no contract will exist between Lostflavour and the User until their order is expressly accepted by both parties.
3.2. After placing an order, the User will receive an email confirming their order.
3.3. However, this does not mean that their order has been automatically accepted by Lostflavour.
3.4. The User will be informed of the acceptance of their order by an email confirming the shipment of their order.
4. Product Availability
4.1. Lostflavour does not guarantee that the products displayed on the website will be available on the date the order is processed, as the order is only processed after confirmation of payment.
4.2. Lostflavour will immediately inform the Customer in case of absolute unavailability of stock of the ordered product, reserving the right to provide the Customer with information about possible substitutes.
4.3. If the Customer chooses not to order the substitute, Lostflavour will refund any amounts paid by the Customer within a maximum of 15 (fifteen) days after notification of cancellation.
5. Delivery
5.1. Notwithstanding the provisions of the previous clause, Lostflavour will make every effort to ship the order by the estimated date.
5.2. However, delays may occur due to unforeseen circumstances or related to the geographical delivery area.
5.3. Any delay in shipping the order, in relation to the estimated delivery time presented, does not entitle the Customer to any compensation.
5.4. The Customer will be informed if Lostflavour, for reasons not attributable to it, knows that it will not be able to meet the estimated delivery time, in which case the Customer may cancel the order and be refunded the amount paid.
5.5. An order is considered "delivered" as soon as the Customer or any third party takes physical possession of it at the agreed delivery address, by signing the corresponding acknowledgment of receipt.
5.6. If it is not possible to deliver to the Customer or third parties at the indicated delivery address, a note will be left indicating where the order is located and how to request a new delivery, without prejudice to any charges for product storage.
Order refusal by the customer:
Orders refused by the customer will be cancelled and refunded for the amount paid, minus shipping costs.
Orders returned twice with the indication "impossible to deliver" will be cancelled and refunded for the amount paid, minus shipping costs, or sent again if the customer assumes the shipping costs for this new shipment.
The refund will be made after the order is received at our facilities.
Order refusal by the customer:
Orders refused by the customer will be cancelled and refunded for the amount paid, minus shipping costs.
Orders returned twice with the indication "impossible to deliver" will be cancelled and refunded for the amount paid, minus shipping costs, or sent again if the customer assumes the shipping costs for this new shipment.
The refund will be made after the order is received at our facilities.
6. Return Policy
6.1. The Customer may cancel their order at any time until delivery, with the right to a refund of the amount paid, by exercising their right of free resolution granted under Decree-Law No. 24/2014, of February 14.
6.2. The Customer may exercise their right of free resolution by sending an unequivocal declaration to that effect (for example, by letter sent to Lostflavour's registered office, fax, or email).
6.3. In case of resolution, the Customer will be reimbursed for all payments made, including delivery costs, within a maximum period of 14 (fourteen) days from the date Lostflavour is informed of the Customer's decision to resolve the contract.
6.4. However, there will be no reimbursement for any additional delivery costs resulting from the Customer choosing a shipping method other than the less expensive standard method offered by Lostflavour.
6.5. Lostflavour reserves the right to withhold the refund until it receives the returned order or until the Customer provides proof of having sent it.
6.6. The Customer must return the order within a maximum period of 14 (fourteen) days from the date on which they exercised the right of free resolution of the contract, bearing the full cost of return.
6.7. Orders whose return is motivated by the impossibility or refusal of delivery will be cancelled. The refund will be determined by the costs of refusal and return. Shipping costs will be deducted.
7. Payments
7.1 All orders at Lostflavour will only be processed after effective receipt of payment. The formalization of the order alone does not constitute a reservation of the products.
7.2 If an order cannot be fulfilled in part or in full, the customer will be immediately contacted by Lostflavour to find the most suitable solution.
7.3 All orders placed at Lostflavour have a maximum payment period of 24 hours. After this period, the order will be automatically cancelled.
7.4 Through the Lostflavour Online Store, payments are accepted via Multibanco Reference, MBWAY, Google Pay, and Apple Pay.
8. Personal data protection
8.1 Lostflavour complies with current legislation on personal data protection, in accordance with the provisions of the Privacy and Personal Data Protection Policy.
8.2 The User or Customer hereby consents to the collection and computerized processing of their personal data collected through registration on the website, namely the email address and username associated with the authentication system, in strict compliance with Law No. 67/98, of October 26 (“Personal Data Protection Law”).
8.3. By registering, the User undertakes, in accordance with these Terms and Conditions of Use, to provide true, accurate, current, and complete information about themselves, and their identification data must be reliable and up-to-date.
8.4. The User is guaranteed the right to access their data and its rectification, at any time and without additional costs.
9. Intellectual property
9.1. All materials, content, and software available on the website, namely information, images, illustrations, graphics, names, and logos, are the intellectual property of Lostflavour or third parties, and may not be reproduced, modified, distributed, commercialized, or otherwise used, except with prior and express written authorization from Lostflavour or the third parties holding the intellectual property rights thereto.
9.2. Any use of the materials, content, and software available on the website for a purpose other than that expressly permitted by these Terms and Conditions of Use will be considered a violation of current national and international legislation regarding Copyright.
10. User's Responsibility
10.1. Lostflavour is not responsible for the veracity of any information, image, contribution or other materials that users provide through the use of the website.
10.2. The User undertakes to make prudent, careful and responsible use of the website, and not to use it in a way that may imply the violation of rights or legally protected positions of Lostflavour or third parties.
10.3. The User shall indemnify Lostflavour for any claims, penalties, fines, judgments or embargoes resulting from the User's breach of intellectual and industrial property laws in the use of the website, as well as for any damage caused to third parties whose fault or negligence is attributable to the User.
10.4. The User is solely responsible for any damages or losses, including data loss, caused to their system and/or computer equipment resulting from the use of the materials, content or software available on the website, unless it is proven that they were caused intentionally or with gross negligence by Lostflavour.
10.5. Lostflavour is not responsible for any damages or losses that may result from (i) the operation of the User's system and/or computer equipment, (ii) difficulties in using the website caused, namely, by delays, interruptions, errors, interferences or suspension of communications, viruses, bugs or malfunctions, (iii) delays caused by deficiencies or overloads of internet traffic or other electronic systems, (iv) unlawful actions by third parties, errors or security deficiencies caused by the use of outdated or insecure equipment or browsers, failures of the electronic communication services used by the User, as well as for damages, errors and inaccuracies that may result from their malfunction.
11. Links
11.1. Lostflavour is not responsible for the legality, reliability or quality of any content made available on any webpage to which a link on its website refers.
11.2. The provision of links on the website does not, in any way, imply the existence of any relationship between Lostflavour and the owner or manager of the webpage to which the link refers, nor the agreement by Lostflavour to any materials, content or software made available there.
12. Cookies
12.1 Lostflavour may use cookies to facilitate navigation on the website and to understand User preferences.
12.2 However, the use of cookies is communicated to the User beforehand, who is given the option not to accept their use.
13. Jurisdiction and communications
13.1. These Terms and Conditions of Use are governed by Portuguese law.
13.2. The parties hereby agree to submit any dispute arising from their interpretation or application to the court of the district of Paredes, expressly waiving any other.
13.3. All communications to be made by Lostflavour will be sent to the email address indicated by the User in the registration process or used as credentials in the authentication system used by them.
13.4. Communications are considered delivered on the date of their dispatch.
