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Under Decree-Law no. 24/2014 of 14 February, the consumer has 14 days after receiving the goods to proceed with the termination of the contract and the return of the goods. To this end, the consumer must communicate to ORGASMOS SEXSHOP the decision to terminate the contract by means of an unambiguous declaration (for example, letter sent by mail, fax or e-mail, in the latter case to the e-mail address email@example.com or use the form provided here (click here to access it).
The right of free resolution shall be exercised by sending the communication referred to in the previous paragraph within a period of 14 days. It is the consumer's sole responsibility to prove that he has exercised the right of free resolution within the statutory time-limit.
The consumer must, within 14 days of the date he has communicated his decision to terminate the contract, return and deliver the goods to the store where they were purchased.
In the event of termination, it is the consumer's sole responsibility to bear the cost of returning the goods.
In the event of termination of the agreement, all payments made (with the exception of additional costs resulting from choice of a method of shipment other than the least costly mode of normal shipment offered by us) shall be reimbursed, in any case, without undue delay.
ORGASMOS SEXSHOP may withhold the refund while the goods are not received or as long as the consumer does not provide irrefutable proof of the return of the goods.
Without prejudice to the withholding provided for in the previous paragraph, failure to comply with the obligation to reimburse within a period of 14 days from the date of receipt of the resolution, will result in double return, without prejudice to the right of the consumer to compensation for property and non-property damages.
The consumer must keep the goods in order to be able to return them in the proper conditions of use.
The exercise of the right of free resolution shall not prejudice the consumer's right to inspect, with due care, the nature, characteristics and functioning of the goods.
The consumer shall be responsible for the depreciation of the goods if the handling carried out to inspect the nature, characteristics and functioning of the goods exceeds the handling normally accepted in shops.
With the exercise of the right of resolution, the price paid shall be refunded to the consumer minus the amount corresponding to the depreciation.
If the depreciation is total there is no room for any refund.
There is no right to free resolutions of contract in the following situations:
Without prejudice to the exercise of the rights deriving from the legal guarantee of consumer goods, the following types of products are excluded from the right of free resolution:
Pursuant to Decree-Law no. 67/2003, of 8 April, as amended by Decree-Law no. 84/2008 of 21 May, the products supplied may benefit from 2 year warranty counting from the date of delivery to the customer.
Personal data relating to the commercial company registered on the website of ORGASMOS SEXSHOP as Customer are protected under the Personal Data Protection Law, approved by Law no. 67/98 of October 26 (transposes into Portuguese legal order Directive 95/46/EC of the European Parliament and of the Council of October 24).
Under the terms of the Law, the Buyer is guaranteed the right to access and rectify any data related to it in the database.
A ORGASMOS SEXSHOP is not responsible for the improper use of personal data of users by unauthorized third parties.
For all matters arising from this contract, the Court of the District of Braga is competent.
This contract is governed by Portuguese law and, for the resolution of any dispute, the jurisdiction of the District of Braga is competent, with waiver of any other.
In the event of a dispute, the consumer may have recourse to a Consumer Dispute Resolution Entity:
CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Faculdade de Direito da Universidade Nova de Lisboa - Campus de Campolide
CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Edifício Ninho de Empresas - Estrada da Penha
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Av. Fernão Magalhães, n.º 240, 1º
Centro de arbitragem de Conflitos de Consumo de Lisboa
Rua dos Douradores, 116, 2º
Contratos celebrados na Região Autónoma da Madeira
Rua da Figueira Preta, n.º 10, 3.º andar
Centro de Informação de Consumo e Arbitragem do Porto
Rua Damião de Góis, 31 – Loja 6
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave
Rua Capitão Alfredo Guimarães, n.º 1
Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de
BRAGA: Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé)
4700 - 030 Braga
VIANA DO CASTELO: Av. Rocha Paris, nº 103 (Edifício Vila Rosa)
4900 - 394 Viana do Castelo
In the case of online consumer litigation, the consumer may use an online dispute resolution (RLL) system, a ODR Platform, which has the power to resolve disputes regarding the resulting contractual obligations of sales contracts or online services.
Access HERE to the Electronic Platform for Alternative Dispute Resolution in contracts of sale or online services.
For Complaints – firstname.lastname@example.org
More information in Portal do Consumidor www.consumidor.pt