In accordance with Law No. 47/2014, of 28 July, this document establishes the conditions to be observed when using the website www.ihcarehealth.com, as well as in the process of purchasing products made available to its users.
In fact, we ask that you carefully read the conditions and privacy policy before using the website, since by using it or placing an order, the customer is consenting to be bound by the aforementioned conditions.
Therefore, if the user does not agree with all the conditions and the privacy policy, they should not use the website, www.ihcarehealth.com
These conditions may be subject to change in the future. Therefore, it is your responsibility to read it periodically, as the conditions in force at the time of using the website or concluding the contract (as defined below) will apply.
These conditions are agreed between the company iHCare SA, with registered office in Quinta Vale do Espinhal, EM558 1, 3230-343 Penela, with NIF 510889450, and the user who wishes to make a purchase through the website, www.ihcarehealth.com
When you order directly from the Website or through any other web page directly linked to the Website, you are indicating to us that you agree to the Terms as written here. During checkout, the customer must expressly indicate acceptance of these Terms. A deviation from these Terms is only possible if this is agreed in writing by IHCare. If you do not agree to these Terms, you must refrain from using the Website now or in the future. If you have any questions about the Terms, please contact us via email at support@ihcare.pt.
IHCare may offer the Products through other authorized distribution channels, such as other sellers and websites; in that case, the terms, conditions and policies applicable to those sellers may be different from these Terms.
Entity managing the website: IHcare SA
ARTICLE 1: ORDER
1. The user can place their order online, on the website, www.ihcarehealth.com
2. To place the order, the user must fill in all mandatory fields and provide their personal data, always bearing in mind our privacy policy to ensure their processing.
3. When placing your order, the user expresses their full and complete acceptance of the general sales conditions, prices and description of the products included in that transaction.
4. All orders are subject to acceptance by iHCare SA, of which the user will be informed by email.
ARTICLE 2: PRODUCT AVAILABILITY
1. All product orders are subject to availability.
2. The non-existence of the ordered products in stock or any other reason for the impossibility of supplying the ordered products will be informed by iHCare SA.
3. In the case provided for in the previous number, iHCare SA will reimburse the user for any amounts they may have paid, in accordance with the provisions of art. 19th of the aforementioned diploma.
4. iHCare SA reserves the right to remove any product from the website www.ihcarehealth.com, at any time and to delete or modify any material or content therein.
5. iHCare SA is not responsible, to the user or third party, for removing any product from the page, www.ihcarehealth.com or for the lack of availability of the product under the terms of numbers 1 and 3 of this clause.
ARTICLE 3: IMPOSSIBILITY TO COMPLETE AN ORDER
iHCare SA does not assume any responsibility for the refusal to complete the order due to exceptional circumstances, even after confirmation of the order, having only the obligation to inform the user/customer of the impossibility of completing the order and return the payments made.
ARTICLE 4: DELIVERY
1. Without prejudice to the provisions of article 2, regarding product availability, the order will be sent within 10 working days after payment confirmation.
2. Compliance with the deadline referred to in the previous paragraph may be freely altered by iHCare SA, particularly in the event of exceptional, unforeseen circumstances, and depending on the area to be delivered.
3. iHCare SA will only ship the order after payment of the price of all products ordered, as well as the respective shipping costs.
ARTICLE 5: DELIVERY COSTS
1. ihcare will bear the costs of delivering the Products to the address indicated by you at the time of ordering within Portuguese territory, including the Autonomous Regions of the Azores and Madeira.
a) Delivery to Germany, Austria, Belgium, Denmark, mainland Spain, mainland France, Ireland, Italy, Luxembourg, the Netherlands, the United Kingdom, of products with an amount equal to or less than €300.00 (three hundred euros) – additional cost of €10.90 (ten euros and ninety cents);
b) Delivery to Germany, Austria, Belgium, Denmark, mainland Spain, mainland France, Ireland, Italy, Luxembourg, Netherlands, United Kingdom, of products worth more than €300.00 (three hundred euros) – at no additional cost.
2. The costs identified in number one of this clause may be changed by iHCare SA, without prior notice.
ARTICLE 6: IMPOSSIBILITY OF DELIVERY
1. Deliveries are made from Monday to Friday, and the user/customer must indicate the address where they wish to receive the order.
2. If the user is unable to be at the location to deliver the order, they must indicate an alternative address or contact us using the means available on the website www.ihcarehealth.com
3. IHCare is not responsible for delays that occur due to circumstances beyond our control. If delivery of product(s) is delayed due to an event outside our control, we will contact you as soon as possible to inform you and take steps to minimize the effect of the delay. If there is a risk of delay in delivery, you can contact us to end the contract and receive a refund for any product(s) paid for but not received.
ARTICLE 7: PRICE AND PAYMENT
1. In accordance with current rules and regulations, prices established on the website www.ihcarehealth.com must be expressed in euros, with taxes and fees included.
2. The prices shown take into account the Value Added Tax (VAT) applicable on the invoice date.
3. In accordance with Chapter I, Title V, of Council Directive 2006/112/EC, of 28 November 2006, relating to the common VAT system, the place of supply is considered to be that of the State. Member State where the address where the products must be delivered is located and the applicable VAT rate will be that in force in the Member State of the place of supply, according to the orders placed.
According to the rules and regulations applicable in each jurisdiction, the reverse charge system (Article 194 of Directive 2006/112/EC) applies to products supplied in some Member States of the European Union, if the consumer is or must be a VAT taxable person.
In this case, we will not pay the VAT, subject to confirmation by the recipient of the products that the VAT due will be paid by the customer, under the terms of the reverse charge system.
4. Prices and specifications are subject to change without prior notice.
5. IHCare S.A. has made every effort to provide updated, correct and clear information. However, it is possible that errors may occur in published information. IHCare S.A. declines any responsibility for unintentional errors and accuracy of any information that may be contained on the website.
6. When processing your order, any and all price errors that may appear on the website, due to technical anomalies, will be detected.
7. The user/customer will be contacted to accept or cancel the order, if the actual price of the ordered product is higher than that shown on the page.
8. If the actual price of the product ordered is lower than that shown on the page, the difference between the actual price and the price paid will be refunded.
9. The user can use the following payment methods:
- a) Credit Card (VISA and MASTERCARD);
- b) MB Way
- c) ATM
- d) Payment in 3x Klarna
10. To use the payment method identified in paragraph a) it is subject to sending the order data and the user/customer card, duly encrypted, to the banking entity on the date of the order, with the order being processed after validation and communication to the user’s bank and canceled in case of refusal by the user/customer’s bank.
ARTICLE 8: TRANSFER OF RISKS
1. The risks of the products will be borne by the user/customer from the moment of delivery.
ARTICLE 9: RIGHT TO WITHDRAW FROM PURCHASE AND RETURN
1. In accordance with the rules applicable in articles 10 to 17 of Decree-Law no. 24/2014 of 14 February, the user/client may withdraw from the contract, without giving a reason, within 14 days from the date of delivery of the order, only the items ordered will be refunded.
2. Shipping and return costs are borne by the customer.
3. The customer may exercise the right to withdraw in any way permitted by law, considering, in any case, this right has been validly exercised by sending withdrawal information.
4. This provision does not affect the other rights recognized to the consumer by current legislation.
5. The costs of returning the product(s) are the responsibility of the user/customer, so in the case of delivery for collection, determine the possibility of iHCare SA charging the expenses that may be incurred.
6. The right to withdraw from the Contract by the user/client under the terms of paragraph 1 of this article applies exclusively to products that can be returned in the same conditions in which the user/client received them, namely in the original packaging and with all documents.
7. After return, the product will be examined by iHCare SA, which will check its condition.
8. No refund will be made if the product has been used beyond simply opening its packaging or if it has been damaged.
9. The return will be made as soon as possible.
10. Responsibility for damage suffered by products, as well as their loss during return, is the sole responsibility of the user/customer.
11. Return address:
iHCare AS
Rua Carlos Pinto de Abreu 5N
3040-245 Coimbra
ARTICLE 10: RETURN OF DEFECTIVE PRODUCTS
1. In cases where you consider that, at the time of delivery, the product does not comply with the provisions of the contract, the user/customer must immediately contact iHCare SA.
2. The collection of the product that does not comply with the conditions of the contract will be carried out by iHCare SA.
3. The product collected under the terms of this clause will be examined by iHCare SA, which, if non-conformity is confirmed, will communicate, by email, its replacement within a reasonable period of time.
4. The replacement of the product returned under the terms of this article is subject to its availability.
5. If replacement is impossible, the amount paid for products returned based on their non-conformity will be refunded to the customer in full, including the delivery costs incurred for delivery of the product.
6. All rights recognized by current law will be safeguarded.
ARTICLE 11: EXCHANGES
Products purchased through the website www.ihcarehealth.com cannot be exchanged.
1. RETURNS FOR DISTANCE PURCHASES
For distance purchases (online and to be received at the address via courier), Portuguese Law establishes a period of 14 days for the consumer, commonly known as the “reflection period”, after taking physical possession of the goods, during which they can return the items without the need to give a reason.
In cases of free termination of the contract, shipping and return costs are the responsibility of the consumer, as stipulated in paragraph 2 of article 13 of Decree-Law no. 24/2014, of 14 February.
The 14-day period mentioned in the previous paragraph starts from the day on which the Customer or third party, indicated by the Customer, acquires physical possession of the goods, which will always be determined with the signature, by the Customer or third party, affixed to the note receipt of the order provided by the carrier.
2. CONDITIONS FOR ACCEPTING RETURNS/EXCHANGES
Although returns/exchanges of goods supplied in distance purchases are accepted, as previously described, returned goods will only be accepted if they strictly and cumulatively comply with the following conditions:
2.1 The returned item is intact, without any marks/damage from use or depreciation;
2.2 The Customer returns the item together with its packaging, manuals and accessories in the same condition in which they were sent, without any anomalies;
2.3 The item is returned together with the respective invoice;
2.4 The item is returned within the legal deadline (14 days) after physical possession of the item.
In case of non-compliance with any of the conditions mentioned above, Ihcare will not be able to accept the return, refund and/or exchange of the goods supplied.
3. METHOD OF REFUND OF RETURNS
If the customer wishes to receive a refund, it will be made by bank transfer to the IBAN that the customer expressly indicates in writing in the request for return of the goods supplied. IHcare will reimburse the amount paid for the good supplied, plus the costs of returning the good, if applicable, within 14 days and as soon as the good is received by IHcare, and only after technical verification of the condition of the good, to in addition to complying with the conditions described in point 1 of the “Conditions for accepting Returns/Exchanges”.
Refund retention is permitted until the goods are received by Ihcare or until the customer provides proof of return of the goods.
4. START THE RETURN/EXCHANGE PROCESS
The return process is simple but varies depending on the origin of the order, so the customer must contact IHcare in advance through Customer Service. Within the limits established by law, the return and the value of postage/return costs are the responsibility of the customer.
Ihcare is not obliged to reimburse additional delivery costs when the customer expressly requests a different and more expensive delivery method than the commonly accepted and less expensive method proposed by IHcare.
5. IHcare RECOMMENDATIONS
IHcare recommends that its customers comply with the following procedure:
5.1 Before purchasing a product, make sure it meets what you want. IHcare is available to answer any questions you may have, by email, telephone or through social media.
5.2 After purchasing the product, always be careful when opening the box/packaging and see how the product, accessories and manuals are arranged inside the packaging. In the event of a return, it is very important that all requirements set out in the CONDITIONS FOR ACCEPTANCE OF RETURNS/EXCHANGES are met, with special emphasis on paragraphs 2.1 and 2.2.
6 – DEFECTIVE AND DAMAGED PRODUCTS
For Ihcare, quality is paramount.
It is extremely rare for our products to be sold to the public with any damage or defects. IHcare has a legal obligation to ensure that the Products comply with the purchase and sale contract entered into.
We inspect all allegedly damaged or defective Products through a specialized technical team. If the damage is the result of a manufacturing defect or deviation from factory specifications, we undertake to fully reimburse the cost of said defective Product.
If it is impossible to repair or replace the product, IHCare will refund the value of your purchase or you may use this amount for purchases in our store, within a maximum period of 3 months.
IHCare reserves the right to refuse to exchange or return products with visible signs of use, that have been washed or processed, that have had their labels removed or that are not in their original packaging, with all accessories complete and in the its original state.
Our Customer Support team is available to assist you with any questions or queries you may have.
ARTICLE 12: REASONS FOR FORCE MAJEURE
1. We will not be responsible for any failure or delay in any of the obligations undertaken by us under a contract the cause of which is due to events beyond our reasonable control, in particular due to Force Majeure.
2. Force Majeure includes any act, event, lack of exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
-
- Strikes, closures by employers or other demanding measures.
- Public order disturbances, revolts, invasions, terrorist attacks or threats, war (declared or not) or threats or preparations for war.
- Fires, explosions, storms, floods, earthquakes, landslides, epidemics or any other natural disaster.
- Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, rules or restrictions of any government or public authority.
- Strikes, failures or accidents in maritime or river transport, postal transport or any other type of transport.
3. Our obligations arising from the contracts will be considered to be suspended during the period in which the Force Majeure Reasons occur and we will benefit from an extension of the period to fulfill such obligations, for a period of time equal to the duration of the Force Majeure Reasons. We will use all reasonable means to put an end to the Force Majeure Reasons or to find a solution that allows us to fulfill our obligations under the contract, despite the Force Majeure Reasons.
ARTICLE 13: LIABILITY
1. For all stages of access to the website www.ihcarehealth.com, as well as the ordering process, delivery and subsequent services, the company iHCare SA only has an obligation of means.
2. iHCare SA does not guarantee nor is responsible for any inconvenience or damage inherent to the use of the internet network, service disruption, external intrusion or the presence of computer viruses, or any other case of force majeure.
3. The items sold are described and presented on the website www.ihcarehealth.com, with the maximum possible accuracy.
4. If, despite all precautions, errors occur on the website www.ihcarehealth.com, iHCare SA will not be held responsible for this fact.
5. The provisions of this clause will not affect the customer’s legal rights to withdraw from the contract.
ARTICLE 14: MINORS
We do not sell products to minors.
ARTICLE 15: PROCESSING OF PERSONAL DATA AND NEWSLETTER
In compliance with Portuguese law on the protection of personal data, the information or data provided by the user will be treated in accordance with the provisions of our Privacy Policy.
ARTICLE 16: VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
iHCare SA is not responsible for any damages or losses resulting from a service navigation attack, virus or any other technologically harmful or damaging program or material, which may affect the user/customer’s computer, computer equipment, electronics, data or materials , as a result of using the website www.ihcarehealth.com, or downloading content from it or the content to which it redirects.
ARTICLE 17: INTELLECTUAL PROPERTY
1. All elements of the website www.ihcarehealth.com, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents.
2. The user who has a personal website on the Internet and who wishes to place, for personal use, on his website a simple direct link to the homepage of the website www.ihcarehealth.com, must obligatorily request authorization from the company iHCare SA.
3. The authorization referred to in the previous number is only valid if provided in writing.
4. Any link or hypertext directed to the website www.ihcarehealth.com, using the framing technique or in-line linking is formally prohibited.
5. In all cases, the use of any link, including those contained in paragraphs 3 and 4 of this clause, even if tacitly authorised, must be removed with a simple request from iHCare SA.
ARTICLE 18: PRIVACY AND PROTECTION OF PERSONAL DATA
All Customers have the right to access, rectify, cancel and oppose their data. If you wish, at any time, to stop being part of the iHCare SA database, you can exercise this right by sending an email to support@ihcare.pt
ARTICLE 19: TOTAL AGREEMENT
1. These general conditions of sale constitute the entire agreement between the parties in question.
2. If one of the clauses of these conditions becomes null and void, due to a legislative, normative change or sentence, it must be considered unwritten, with the remaining clauses and conditions remaining, in principle, not fully valid. being affected by the annulled or invalidated clauses.
ARTICLE 20: RIGHT TO UNILATERAL AMENDMENT OF CONDITIONS
1. These conditions may be subject to change at any time.
2. The user/client is subject to the policies and conditions in force at the time they are using the website www.ihcarehealth.com, or formalize their order, except when, by law or decision of government bodies, changes are made , retroactively, in these policies, conditions or privacy statement;
3. In the case provided for in the previous paragraph, the changes will also affect orders that the user/client has formalized under the conditions subject to change.
ARTICLE 21: DURATION
1. These conditions apply for the duration of the services offered by iHCare SA.
2. All exclusive items on the website are valid until stocks last.
ARTICLE 22: RAL – ALTERNATIVE DISPUTE RESOLUTION
In compliance with the provisions of Law No. 144/2015 of September 8, all consumers are hereby informed that, in the event of a dispute arising from our supply of goods and services, they may resort to an Alternative Consumer Dispute Entity, identified below:
- Vale do Ave Consumer Dispute Arbitration Center / Arbitration Court
Email: triave@gmail.com
Tel: 253 422 410 - Porto Consumer Information and Arbitration Center
Email: cicap@mail.telepac.pt
Tel: 225 508 349 /225 029 791 - Lisbon Consumer Conflict Arbitration Center
Email: juridico@centroarbitragemlisboa.pt / director@centroarbitragemlisboa.pt
Tel: 218 807 030 - National Consumer Dispute Information and Arbitration Center
Email: cniacc@unl.pt
Tel: 213 847 484 - Algarve Consumer Conflict Information, Mediation and Arbitration Center
Email: support@consumidoronline.pt
Tel: 289 823 135
