General Terms and Conditions of Sale
PREAMBLE
These General Terms and Conditions of Sale are agreed between HAPPYLIFE - PRODUTOS ORTOPÉDICOS E CIRÚRGICOS, UNIPESSOAL LDA, with registered office at Avenida Nossa Senhora de Fátima N° 28 Edifício Via Fátima 2410-140 Leiria, with VAT number 507590570, email [email protected], telephone +351 244 233 085, referred to as ‘Loja Ortopédica’, and any natural person of legal age or legal person wishing to make a purchase through the website www.lojaortopedica.pt, referred to throughout this policy as the ‘User’.
These conditions exclusively regulate the commercial relationship between Loja Ortopédica and the User and are permanently accessible on the website.
The parties agree that their relationship will be governed exclusively by the general terms and conditions of sale described here, written in Portuguese and permanently accessible to all Users on the website www.lojaortopedica.pt.
ARTICLE 1 - OBJECT
The purpose of these conditions is to define the general conditions of sale applicable to the purchase of products on the Loja Ortopédica website, from ordering, payment, delivery and after-sales service.
Users can place their order online at www.lojaortopedica.pt. To do so, they must register by filling in all the required fields with the personal details requested. Once registered, you will be assigned a customer account. You can also place your order by telephone or e-mail with the help of a Loja Ortopédica employee.
If you are already registered on the site, simply log in with your e-mail address and password. You can also log in using your Facebook account.
If an order is placed by telephone or e-mail, Loja Ortopédica will provide the consumer with the legally stipulated pre-contractual information, including these general terms and conditions of distance selling, by e-mail sent the day after the order is placed, thereby confirming the purchase and sale contract entered into with the User.
Validation of the order implies that the User has read and expressly accepts these terms and conditions, as well as the prices and descriptions of the products.
After completing the order, the User will receive an automatic confirmation e-mail. In the event of an error in the data, you can request that the order be corrected or cancelled.
If the product is not available, the User will be informed by e-mail. The User can choose to wait for the product to become available or be reimbursed within a maximum of 30 days from the date of knowledge of the unavailability, under the terms of article 19 of Decree-Law no. 24/2014, of 14 February.
Option to receive a gift receipt: By selecting at checkout that they wish to receive a gift receipt, the User receives a receipt together with their products, without mentioning the value of the purchase. This way, the person receiving it as a gift can make the exchange themselves, following Loja Ortopédica's Terms and Conditions.
ARTICLE 3 - DELIVERY
Delivery times vary depending on the product and are indicated on the item's page. If there is any delay, Loja Ortopédica's customer service will contact you. For orders with several items, the delivery time will be that of the product with the longest lead time. Orders outside mainland Portugal may have longer delivery times; if this is the case, you will be notified.
After dispatch, we send two emails: the first confirming dispatch and the second with the tracking number. If you don't receive them, check your spam folder before contacting us. If the address is incorrect and the parcel returns to our premises, the new postage is the responsibility of the User, who will cover the cost of reshipment.
Orders are dispatched accompanied by the invoice, which will be sent by e-mail or together with the parcel.
The User must check the external condition of the packaging as soon as the parcel is delivered. If you notice any anomalies, such as damaged packaging or missing items, you must record them on the delivery note upon receipt. Failure to immediately report any irregularity prevents it from being subsequently attributed to Loja Ortopédica, except in the case of wilful misconduct, defect or serious fault.
For bulky products, the User must ensure that doors, stairs or lifts allow the packages to pass through. Delivery in these cases is the sole responsibility of the User.
Loja Ortopédica does not install or assemble the products it sells. If necessary, the User must contract this service with an organisation of their choice.
Carriers and postage:
Shipping prices are calculated at checkout. The carrier and conditions are described below:
Mainland Portugal: Carried out by MRW. Minimum postage of 4.50€. Free delivery for purchases over 75€.
Azores and Madeira: Carried out by CTT. Minimum postage of €5.99.
Peninsular Spain: Carried out by MRW. Minimum postage of €4.50. Free delivery for purchases over 75€.
Rest of the World: You can send us an email with your address and contact details so that we can check the shipping costs with DHL. Send your details to the following email address: [email protected].
Delivery services are nationwide and are carried out on working days between 09h00 and 19h00.
ARTICLE 4 - PAYMENT
The payment methods available are
Credit Card
MB Way
Multibanco
PayPal
Klarna
Your order will only be processed once payment has been confirmed.
ARTICLE 5 - PRICES
All prices include VAT at the legal rate in force. The prices indicated do not include shipping costs, which will be calculated and informed before the order is finalised.
Prices and specifications may be changed without prior notice. When processing the order, if there is an error in the price of the product, the User will be contacted to accept the correction, receive a refund or cancel the order. Once the order has been processed, prices will not change.
ARTICLE 6 - EXCHANGES AND RETURNS
The User may cancel their purchase within 14 days after receiving the products, as provided by law (Decree-Law No. 24/2014, of 14 February).
To do so, the User must communicate their decision to Loja Ortopédica within 14 days after receiving the products, through the exchange and return request system available in the “My Account” area on the website. If a registration was not created at the time of purchase, please register using the same email address used in the order.
Products must be returned in their original condition, without signs of use, accompanied by the invoice and in the original packaging in perfect condition. Return costs are the customer’s responsibility, who must keep the proof of shipment. The shipment to our warehouse can be made as follows:
It may be arranged by the customer through a carrier of their choice (variable cost).
For Portugal and Spain, shipment may be arranged through a scheduled pickup by Loja Ortopédica (cost from €5, depending on the product), delivery at a CTT pick-up point (cost from €5, depending on the product), or shipment through a carrier chosen by the customer (cost borne by the customer). For pickup or CTT point delivery, payment must be made in advance and proof sent.
Under Article 17 of Decree-Law No. 24/2014, of 14 February, there are products for which the User cannot cancel the purchase. These include:
a. Products made according to the consumer’s specifications or clearly personalised;
b. Products which, by nature, cannot be returned, or are likely to deteriorate or expire rapidly;
c. Sealed products not suitable for return for health or hygiene reasons once opened after delivery;
d. Products which, after delivery and by nature, become inseparably mixed with other items.
Returns and Refunds
In addition to the right of withdrawal, the User has a period of 14 days from the date of receipt of the order to request the return of products.
All returned items will be evaluated upon arrival. Only returns of products that comply with the conditions defined in these terms, particularly regarding their condition and integrity, will be accepted.
Personal and intimate items, such as lingerie briefs, cannot be returned or exchanged. Items such as bras, socks, tights, swimwear, and similar products must be returned without any sign of use and in their original packaging. Swimwear must retain the hygiene protection seal intact.
Returns of products showing improper use, wear, damage caused by misuse (such as drops, contact with liquids or humidity), or any alteration compromising resale as new will not be accepted. Returns with damaged packaging, opened wrappers or broken safety seals will also not be accepted, without prejudice to legal warranty rights.
The User is responsible for returning the product(s) in the same condition in which they were received, properly packaged, with all accessories and documents included, accompanied by the invoice and the completed return form. Products delivered disassembled must also be returned disassembled.
Return costs and responsibility lie entirely with the User until the products are received by Loja Ortopédica. We recommend keeping the proof of shipment as evidence.
The refund will be processed after confirming proper receipt and inspection of the returned products, using the same payment method used in the purchase, within up to 14 working days. Initial shipping costs are non-refundable.
For payments made via Multibanco or Bank Transfer, the IBAN must be provided.
International customers must return products on their own initiative through a carrier of their choice. The same rules apply to international customers.
All costs associated with the return shipment are the sole responsibility of the customer.
ARTICLE 7 - GUARANTEE
In accordance with current legislation, all products sold to consumers (i.e. people buying for personal, non-professional use) via www.lojaortopedica.pt have a legal guarantee of conformity.
3 years for contracts entered into from 1 January 2022, in accordance with Decree-Law 84/2021 of 18 October;
If the product has a manufacturing defect, the customer must contact our customer service department quoting the invoice number and describing the situation:
📧 Email: [email protected]
📞 Telephone: +351 244 233 085
It is important that the customer first contacts us before sending any item for evaluation.
Professional customers or companies (not covered by consumer legislation) must report defects within 30 days of their detection and no later than 6 months after delivery, in accordance with article 916 of the Civil Code.
All costs associated with returning or collecting products within the guarantee period will be borne by Loja Ortopédica. Upon receipt of the item, a technical check will be carried out: if non-conformity and a manufacturing defect are confirmed, the product will be repaired or replaced at no additional cost to the customer.
The legal guarantee does not cover damage caused by improper use, normal wear and tear, negligence, falls, humidity or interventions by unauthorised technicians.
If, after technical analysis, no manufacturing defect is identified, a repair estimate will be drawn up. The customer can then decide whether or not to proceed with the proposed repair. In either case, the item will be available for collection at the brand's premises, or at our premises, or it can be sent back by courier, with the User being responsible for the shipping costs.
In accordance with article 21 of Decree-Law 84/2021, we also inform you that manufacturers are obliged to make parts available for the repair of goods for a minimum period of 10 years from the date on which the product was last placed on the market.
Commercial guarantee:
Some products may additionally include a manufacturer's commercial guarantee, the specific conditions of which will be indicated on the respective product page. This guarantee must be activated directly with the manufacturer, without prejudice to the legal rights mentioned above.
ARTICLE 8 - PROCESSING OF PERSONAL DATA
Personal data is collected and processed in accordance with the Privacy Policy.
ARTICLE 9 - INTELLECTUAL PROPERTY RIGHTS
All elements of the www.lojaortopedica.pt website are protected by copyright and intellectual property rights. No content may be copied or reproduced without written authorisation.
ARTICLE 10 - APPLICABLE LAW AND DISPUTES
These conditions are governed by Portuguese law. In the event of a dispute, the consumer may have recourse to Alternative Dispute Resolution organisations.
Lisbon Consumer Conflict Arbitration Centre
Tel: 218807030
Email: [email protected]
Coimbra District Conflict Arbitration Centre
Tel: 239821690
Email: [email protected]
www.centrodearbitragemdecoimbra.pt
Porto Consumer Information and Arbitration Centre
Tel: 225508349
Email: [email protected]
Vale do Ave Consumer Conflict Arbitration Centre / Guimarães Arbitration Court
Tel: 253422410
Email: [email protected]
Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court) of Braga
Tel: 253617604
Email: [email protected]
CIMAAL - Algarve Consumer Conflict Information, Mediation and Arbitration Centre
Tel: 289823135
Email: [email protected]
Consumer Conflict Information Centre of the Autonomous Region of Madeira
Tel: 291215070
Email: [email protected]
www.srrh.gov-madeira.pt/in%C3%ADcio/tabid/292/Default.aspx
For the other municipalities and in the Autonomous Region of the Azores:
CNIACC - National Centre for Consumer Conflict Information and Arbitration
Tel: 213847484
Email: [email protected]
Online dispute resolution:
Online support is available for resolving national and European Economic Area disputes related to online purchases of goods and services, through mediation, conciliation and/or arbitration.
Dispute Resolution Platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT
ARTICLE 11 - COMPLAINTS
Users can submit complaints via the Electronic Complaints Book or by e-mail to [email protected].