1. Definitions and premises
For the purposes of these general terms and conditions of sale and use ("General Terms and Conditions") means:
"SELENTERRA" is an online platform owned by the company CLUBITC - SGPS, UNIPESSOAL LDA under Portuguese law with registered office in Caminho da Carvalha Gorda, n.o 8, Cercosa, Distrito: Viseu Concelho: Vouzela Freguesia: Campia, 3670 057 CAMPIA, tax code and VAT number 517586568.
"Website": the e-commerce website https://www.selenterra.com, wholly owned by CLUBITC Holding company.
Product or Products" means the services or products sold by CLUBITC through the Website.
"Customer" or "Customers" or "Clients" means any consumer entity 18 years of age or older who purchases Products through the Web Site.
The General Conditions apply each time the Customer orders a Product through the Web Site and must be accepted by the Customer before any order for Products is placed.
CLUBITC recommends that Customers read the General Terms and Conditions carefully and print a copy for their own future reference, it being understood that in order to finalize an order for a Product on the Web Site, the Customer must declare that he/she has read, understood and accepted the General Terms and Conditions as well as the privacy and cookies policy and terms of use (likewise on the Web Site). Failure to accept the General Conditions will therefore not allow the Customer to order any Product.
The General Terms and Conditions do not apply to purchases of Products made outside of the Website, including but not limited to purchases made from a third-party retailer.
When ordering CLUBITC asks the Customer for confirmation of:
If any of the foregoing information is not referable to the Customer, CLUBITC asks the Customer to refrain from ordering Products from the Website, reserving the right, in its sole discretion, to refuse or accept the order.
The General Conditions and the Web Site have been prepared in the following languages: Portuguese & English.
2. Product Presentation
The descriptions of the Products displayed on the Web Site are made by CLUBITC in good faith and should be understood merely as a guide to the Customer’s purchase of the Products.
As such, the descriptions of the Products are not intended to diagnose, treat, cure, or prevent any condition or disease of the Customer, but only to provide all the information necessary for an informed purchase by the Customer.
Both the Product and its packaging may vary from what is shown in the images on the Web Site.
Images of the Products are included on the Web Site for illustrative purposes only. CLUBITC does not guarantee that the display of products from the Website will match the Products later actually delivered.
By accepting the General Conditions, the Customer agrees and acknowledges:
3. Product Prices
All prices shown on the Web Site are in euros (€) and include Value Added Tax (VAT) at the rate prescribed by law, but do not include packaging costs, transportation costs and any additional costs that will in any case be indicated before the Customer finalizes the order. In the event of a change in the VAT rate occurring between the date of the order and the date of delivery of the Product, CLUBITC will adjust the VAT rate of the order, unless the Customer has already paid for the Product in full prior to the change occurring, in which case CLUBITC will not make any adjustment to the VAT rate originally applied.
CLUBITC reserves the right to change the prices of the Products at any time, except if the Customer has already completed the order process.
4. How to Order Products
When the Customer has located a Product on the Web Site that he or she wishes to purchase, he or she should click the “ADD TO CART” button, this operation adding the chosen Product to a “virtual shopping cart” (“Shopping Cart“). The Customer may then proceed to pay for the Products in the Shopping Cart by clicking on the Shopping Cart icon and then on the “CHECKOUT” button. Alternatively, the Customer may continue browsing the Web Site and add additional products to their Shopping Cart.
The Customer has the ability to view the Products in his/her Shopping Cart at any time by clicking on the Shopping Cart icon and then the “GO TO MY CART” button. If the Customer wishes to remove a Product from their Shopping Cart, they simply click on the “X” icon under the “REMOVE” header next to the relevant Product.
After clicking on the “PROCEED TO CHECKOUT” button, the Customer will have the option of registering with the Web Site, providing the information indicated therein, or checking out as an unregistered guest. In any case, the Customer will then be asked to provide the information necessary for the processing of his/her order and the related delivery of the Products: this information can be provided by filling in the relevant fields. CLUBITC represents to the Customer that all fields marked with an asterisk must necessarily be filled in to complete the order.
CLUBITC is committed to respecting Customers’ right to privacy by using the information received in accordance with its privacy policy and cookies policy.
For its own internal organizational reasons CLUBITC limits per Customer purchases from the Website to no more than ten (10) units of each Product per single order. In any case, this limit may not be exceeded over a period of twelve (12) months in the case of multiple orders.
5. Customer order fulfillment
6. Payment for Products
All Products will remain the property of CLUBITC until paid for in full by Customer.
During the checkout phase (see item 4 above), CLUBITC will ask the Customer to complete the payment details. All fields marked with an asterisk must be completed by the Client. CLUBITC accepts most credit and debit cards, as precisely identified on the payment screen. CLUBITC will collect, store and use the information provided by the Customer for payment in accordance with its privacy and cookie policy.
7. Product Changes
8. Delivery of Products
For shipping information, including shipping costs and estimated delivery times, the Customer may refer to the shipping policy on the Web Site.
Delivery will be made to the address specified by the Customer in his order, using suitable operators in the field of transportation and shipping. In case of non-delivery of the Products due to the absence of the recipient or his delegate at the address indicated in the order, the Products will be (i) retained by the carrier for a reasonable period of time and then returned to CLUBITC or (ii) left in the “safe place” possibly indicated by the Customer when filling the order. In the event that the Customer chooses to have his or her order delivered to a “secure location,” he or she must select one of the listed secure locations and must ensure that the chosen secure location is protected from the elements and is not visible to the public in order to prevent damage and theft. In the event that the Customer decides to select the “secure location” option, CLUBITC cannot in any event be held liable for any damage or theft of the Products and will not guarantee that the courier chosen for delivery will be able to comply with the Customer’s instructions. By accepting the General Conditions, the Customer acknowledges that he/she is fully responsible for any order left in the chosen “safe place”.
If the Products are returned to CLUBITC by the carrier as a result of the inability to deliver them to the recipient indicated in the order, CLUBITC will refund the price of the Products, subject to retaining the amount corresponding to the costs incurred in arranging the delivery of the Products and the subsequent return. CLUBITC will make the refund using the same payment instrument used by the Customer, which to say by crediting the amount corresponding to the refund to the same credit or debit card used by the Customer for payment.
All risks related to the Products pass to the Customer from the moment of delivery. The Products will be considered delivered to the Customer once they are delivered to the Customer or the Customer’s proxy or at the time they are left in the “safe place” indicated by the Customer in the order.
9. Responsibilities of CLUBITC
CLUBITC agrees to execute with ordinary diligence Customer’s orders as accepted by CLUBITC.
Except as expressly set forth in the General Terms and Conditions, CLUBITC shall not be liable for any damage, loss, direct or indirect, arising out of Customer’s order or Customer’s breach of the General Terms and Conditions. Notwithstanding the foregoing, CLUBITC’ liability to Customer for any loss or damage shall be limited to the amounts paid or payable for the Products.
10. Customer’s right of withdrawal, return and refund policy
In accordance with applicable law, the Customer has the right to withdraw from the contract within fourteen (14) days from the day on which the Customer or its delegate acquires physical possession of the Products. In the case of multiple Products ordered by the Customer by means of a single order and delivered separately, the time limit for withdrawal shall run from the day on which the Customer or his delegate acquires physical possession of the last Product.
The Customer may exercise his or her right of withdrawal:
The Customer will have exercised its right of withdrawal within the period specified in Article 10.1 above. If the relevant notice is sent by the Customer before the expiration of the deadline.
From the time of the exercise of the right of withdrawal, the Customer shall return the Products without delay and in any case within fourteen (14) days from the date of the notice of withdrawal; the return shall be made at the Customer’s expense to the address __.
CLUBITC agrees to reimburse the Customer for payments received within the fourteen (14) day period commencing from the notice of exercise of withdrawal, subject to and without prejudice in all cases to CLUBITC’ right to withhold the reimbursement until it has received the Products or until the Customer has demonstrated that it has returned the Products, whichever situation occurs first.
The refund in favor of the Customer will be made to the same credit or debit card used by the Customer to purchase the Products.
Except as further provided by applicable law, the Customer may not, in any case, exercise the right of withdrawal with respect to sealed Products, which are not suitable to be returned for hygienic or health protection-related reasons, in the event that the same have been opened after delivery (by way of example but not limited to: lipsticks, mascara, etc.).
The Customer is in any case responsible for the diminished value of the Products caused by the Customer’s misuse of the Products.
11. Product warranty and after-sales service
As required by current regulations:
In case of non-conformity of the Product, the Customer may avail itself of the remedies provided by the regulations in force and, in particular, request the repair of the Product or its replacement. CLUBITC may refuse to carry out the repair or replacement of the Products, if such activities are impossible or the related costs that would have to be incurred are disproportionate, also considering all the circumstances of the specific case and those indicated by the applicable legislation. The Customer’s request for repair or replacement must in all cases be received by CLUBITC by email at __ or by registered letter with return receipt requested at __. CLUBITC undertakes to acknowledge the Customer’s request within seven (7) days of receipt of the request, representing its willingness to comply with the Customer’s request or communicating the reasons preventing the request from being granted. In the event that CLUBITC grants the request for repair or replacement of the defective Product, it will proceed to repair or replace the Product within 30 days of granting the Customer’s request.
CLUBITC warrants that the Products will comply with the applicable regulations at the time of Customer’s completion of the order, and therefore assumes no responsibility for the compliance of the Products in the event of a change in the app For any information, inquiries, support or clarification, the Customer may contact CLUBITC at the following customer service numbers:
CLUBITC represents as of now to the Customer that it will not provide answers to health-related questions or those involving medical evaluations, thus urging the Customer to direct such inquiries to health care personnel.
12. Use of the Web Site
Customer agrees to use the Web Site only for lawful purposes and in a manner that does not infringe the rights of anyone else or restrict or inhibit the use and enjoyment of the Web Site by other users.
All content on the Web Site, including, but not limited to, all information, data, Products, materials, services, software applications and tools, digital avatars, design elements, text, images, photographs, illustrations, audio and video content, artwork and graphics contained therein or otherwise made available in connection therewith, is the exclusive property of CLUBITC and shall not be copied or reproduced, used or otherwise dealt with for reasons unrelated to the purchase of the Products. Customer agrees not to modify or redistribute the content of the Website or reproduce, frame, or link it to any other website without the express written permission of CLUBITC. The Client agrees not to use the content of the Web Site for commercial exploitation. In any case, the Customer is solely responsible for the use of the Web Site.
CLUBITC reserves the right to suspend access and usability of the Web Site at any time for operational, regulatory, legal, or any other reason. A Customer who fails to comply with the terms of use of the Web Site may be barred from using it.
CLUBITC agrees to take all precautions to prevent the spread of computer viruses and/or other harmful programs on the Web Site, but in no event assumes any liability on the point.
Whenever the Customer posts content, such as a review of a Product on the Website, the Customer shall comply with the following provisions. The Customer may post or upload to the Website only content that:
Notwithstanding the foregoing, Customer is solely responsible for the content of any comments it posts on the Web Site and shall indemnify and hold CLUBITC harmless from any damages, claims, or actions brought against it by others with respect to the content posted by Customer on the Web Site. CLUBITC may at any time delete any content posted by Clients on the Website and deemed not in compliance with the General Conditions.
13. Customer Registration on the Website
In case the Customer decides to register on the Website as provided in Article 4.3. above, CLUBITC will provide the Customer with an account, including a user name and password. The Client shall treat such information as confidential, with no possibility of disclosing it to third parties. The Customer will be solely responsible for the confidentiality of his/her account, username and password.
Customer shall notify CLUBITC immediately of any unauthorized use of its account.
The Customer shall keep the information provided for the purpose of registration on the Website up-to-date, complete, accurate and true at all times, being solely responsible for his or her account, particularly if he or she has allowed or authorized its use by third parties.
14. Intellectual Property Rights
CLUBITC is the owner of the registered trademark “SELENTERRA and K-LUX” as well as any other content of the Web Site (including but not limited to any unregistered trademarks, images, logos, illustrations, backgrounds) and the total or partial reproduction, modification, tampering or use of the registered trademark and otherwise of any content of the Web Site is prohibited without the prior written permission of CLUBITC, constituting infringement of CLUBITC’ intellectual property rights.
15. Privacy
Regarding the processing of personal data of the Customer and possibly the recipient of the order placed, CLUBITC invites the Customer to consult the privacy policy at the following link __
16. Additional covenants
CLUBITC may at any time update or modify the General Terms and Conditions, requiring the Customer to read, accept and retain the General Terms and Conditions in effect at the time each order is placed. CLUBITC agrees to post updated General Terms and Conditions on the Web Site.
Delay by CLUBITC or Customer in exercising any right or remedy provided by law or by the General Conditions may be construed as a waiver of such right or remedy.
17. Applicable law – disputes
The contractual relationships between CLUBITC and the Customer as well as the General Conditions are subject to and governed by Portuguese law only.
Any dispute regarding the contractual relationship or the General Conditions that may arise between CLUBITC and the Customer with residence or domicile in the Portuguese territory shall be devolved to the exclusive cognisance of the Portuguese judicial authority of the place of residence or domicile of the Customer. In the event of a dispute between CLUBITC and a Customer with residence or domicile outside the territory of Portugal, the jurisdictional authority identified by the rules applicable to the case shall have jurisdiction.
