Terms of service
Article 1 - Definitions
- The following settings apply to these terms and conditions.:
- Reflection period: the period within which the consumer can exercise their right of withdrawal;
- Consumer: a natural person who is not engaged in a profession or business and who enters into a distance contract with feelingree.com;
- Day: working day;
- Transaction by duration: remote contract relating to a series of products and/or services, whose delivery and/or purchase obligation is staggered over time;
- Sustainable data storage: any means that allows a consumer or business to store information addressed personally to them in a way that allows for future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period;
- Entrepreneur: a natural or legal person who offers products and/or services to consumers remotely;
- Distance agreement: an agreement whereby, within the framework of a distance selling system for products and/or services organized by chekich.com, until the conclusion of the agreement, one or more distance communication techniques are used exclusively;
- Technology for remote communication: a means that can be used to finalize an agreement without the consumer and the retailer being in the same place at the same time.
Article 2 - Identity of feelingfree.com
- Name: José Carlos Andrade Monteiro
- Address: Rua General Torres 437, Vila Nova de Gaia, Porto 4430-109, Portugal
- State Registration Number: 269491082
- Email: info@feelingree.com
- Telephone: +351 91850 3961
- CNAE: 47770
Article 3 - Applicability
- These general terms and conditions apply to all offers from feelingree.com and to all remote agreements concluded between the company and the consumer.
- Before the execution of the distance contract, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the execution of the distance agreement that the general terms and conditions can be found at feelingree.com and will be sent free of charge as soon as possible at the consumer's request.
- If the distance contract is concluded by electronic means, unlike the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically, in such a way that the consumer can easily store it on a durable data medium. If this is not reasonably possible, it will be indicated before the execution of the distance contract where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
- If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him or her.
Article 4 – The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly evaluate the offer. If feelingree.com uses images, they are a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind feelingree.com.
- Each offer contains information that makes clear to the consumer what rights and obligations are inherent in accepting the offer. This relates in particular to:
- The price includes taxes;
- the potential delivery costs;
- how the agreement will be finalized and what actions will be necessary for it;
- whether or not the right of termination applies;
- the method of payment, delivery, and implementation of the contract;
- The deadline for accepting the offer, or the period within which feelingree.com guarantees the price;
- the level of the remote communication tariff, if the costs of using the remote communication technique are calculated on a basis other than the normal basic tariff of the communication medium used;
- Does the contract remain on file after it is signed, and if so, how can the consumer access it?
- The way in which the consumer, before entering into the contract, can verify the information provided by him within the scope of the contract and, if desired, restore it;
- any other languages in which the agreement may be concluded;
- The codes of conduct to which feelingree.com has adhered and how consumers can consult these codes of conduct electronically;
- The minimum duration of the remote agreement in the case of a prolonged transaction.
Article 5 - The agreement
- The agreement is subject to the provisions of paragraph 4, and is concluded when the consumer accepts the offer and fulfills the corresponding conditions.
- If the consumer has accepted the offer electronically, feelingree.com will immediately confirm receipt of the acceptance of the offer electronically. Provided that receipt of this acceptance has not been confirmed by feelingree.com, the consumer may cancel the contract.
- If the agreement is concluded electronically, feelingree.com will take appropriate technical and organizational measures to ensure the electronic transfer of data and guarantee a secure web environment. If the consumer can pay electronically, feelingree.com will take appropriate security measures.
- feelingree.com may, under the law, ascertain whether the consumer can fulfill their payment obligations, as well as all facts and factors important for the proper conclusion of a distance contract. If, based on this investigation, feelingree.com has valid reasons for not concluding the agreement, it has the right to refuse an order or request or impose special conditions on its execution.
- With the product or service, feelingree.com will send the consumer, in writing or in a way that can be stored by the consumer in an accessible manner on a durable medium:
- The postal address for feelingree.com where consumers can file complaints;
- The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- Information regarding warranties and services available after purchase;
- the information included in Article 4(3) of these terms and conditions, unless feelingree.com has already provided this information to the consumer before the execution of the contract;
- The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
- In the case of an extended transaction, the provisions of the preceding paragraph apply only to the first delivery.
Article 6 - Right of withdrawal
- When delivering products:
- When purchasing products, the consumer has the option to cancel the contract without giving any reason within 14 days. This reflection period begins the day after the consumer or a representative previously designated by the consumer and notified to feelingree.com receives the product.
- During the reflection period, the consumer will handle the product and packaging with care. You will only unpack or use the product as necessary to assess whether you wish to keep the product. If you exercise your right of withdrawal, feelingree.com will return the product to you with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by feelingree.com.
- When the services are delivered:
- After the services have been provided, the consumer has the option to terminate the contract without giving any reason for at least 14 days from the date the contract was signed.
- To exercise your right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by feelingree.com with the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of withdrawal
- If the consumer exercises their right of withdrawal, the return shipping costs will be covered at most.
- If the consumer has paid an amount, feelingree.com will refund that amount as quickly as possible, but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of the right of withdrawal
- Feelingree.com may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if feelingree.com has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- The exclusion of the right of withdrawal is only possible for products:
- which were created by feelingree.com according to the consumer's specifications;
- which are clearly of a personal nature;
- which cannot be returned due to their nature;
- which can spoil or age quickly;
- whose price depends on fluctuations in the financial market over which feelingree.com has no influence;
Article 9 - The price
- During the validity period indicated in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
- Unlike the previous paragraph, feelingree.com may offer products or services with variable prices that are subject to fluctuations in the financial market and over which feelingree.com has no influence. This link to fluctuations and the fact that any stated prices are target prices are indicated in the offer.
- Price increases within 3 months of the agreement's implementation are only permitted if they result from regulations or legal provisions.
- Price increases starting 3 months after the agreement is executed are only permitted if feelingree.com has stipulated this and:
- result from legal provisions or regulations; whether
- The consumer is entitled to terminate the contract, effective from the day the price increase takes effect.
- The prices listed for the product or service range include VAT.
Article 10 - Conformity and Guarantee
- Feelingree.com guarantees that the products and/or services conform to the contract, the specifications indicated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of execution of the contract and/or government regulations. If agreed, feelingree.com also guarantees that the product is suitable for use other than normal.
- A warranty provided by feelingree.com, the manufacturer, or the importer does not affect the legal rights and claims that the consumer may assert against feelingree.com based on the agreement.
Article 11 - Delivery and execution
- Feelingree.com will take the utmost care in receiving and fulfilling product orders and evaluating service requests.
- The delivery location is the address that the consumer provided to the company.
- Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly, although no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or is only partially fulfilled, the consumer will be notified of this fact no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract without charge and is entitled to any compensation.
- In the event of cancellation under the terms of the preceding paragraph, feelingree.com will refund the amount paid by the consumer as quickly as possible, but no later than 30 days after the cancellation.
- If delivery of an ordered product appears impossible, efforts will be made to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipping are the responsibility of feelingree.com.
- The risk of damage and/or loss of products rests with feelingree.com until the moment of delivery to the consumer or a pre-designated and announced representative of feelingree.com, unless explicitly agreed otherwise.
Article 12 - Payment
- Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days from the start of the reflection period referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
- In the sale of products to consumers, the general terms and conditions can never stipulate an advance payment exceeding 50%. When an advance payment is stipulated, the consumer cannot assert any rights in relation to the execution of the relevant order(s) or service(s) before the advance payment has been made.
- The consumer has a duty to report any inaccuracies in the payment information provided or specified to feelingree.com without delay.
- In the event of non-payment by the consumer, feelingree.com has the right, subject to legal restrictions, to collect from the consumer in advance any reasonable costs incurred.
Article 13 - Complaints
- Feelingre.com has a well-publicized complaint policy and handles complaints within this procedure.
- Complaints regarding the implementation of the agreement should be described quickly, completely, and clearly, and sent to feelingree.com after the consumer discovers the defects.
- Complaints submitted to feelingree.com will be answered within 14 days of receipt. If a complaint requires a longer, foreseeable processing time, feelingree.com will respond within 14 days with an acknowledgement message and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
Article 14 - Intellectual Property
- All copyrights, trademarks, and other intellectual property rights relating to each piece of material or content (as part of) the website belong to feelingree.com or its licensors. The consumer may only use this material if explicit permission has been given for that purpose. To the extent necessary, the consumer may make a copy of an order or contact details as indicated on this website.