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Terms and Conditions

Before purchasing on this website you should read the following terms and conditions carefully. Browsing the website www.skinelement.shop and its subdomains, as well as purchasing any product from the addresses provided, implies acceptance of the General Conditions of Use on this page. By using this website you are automatically agreeing to its rules.
 
The online store Skin Element belongs to the company Fundamental Pensar, Lda, registered in Portugal, under the registration number NIPC PT513184600, and our registered address is Rua do Corvo, 764, 440-439 Vila Nova de Gaia, Portugal. With the aim to commercialize dermocosmetic, personal hygiene and perfumery.
 
All products and brands available in this store are authorized for marketing and consumption in Portugal and are covered by Infarmed and DGAV regulations.
 
Skin Element reserves the right to freely modify this information to conform to laws without advance notice, except for contracts already entered into and in execution, so we recommend you visit this page to be aware of any changes.
 
These conditions set out the pre-contractual information in the distance contracts on the website www.skinelement.shop and all subdomains referred to in Artigo 4 do Decreto-Lei no. 24/2014 of 14 February.
 
A User is considered to be any natural person under the age of 18 who creates a User account, under the commitment that all information regarding their identity and other data necessary to place and process their order is true.
                                                                                                                  
We are an official retailer and work directly with leading beauty brands and all the products offered by us for sale on this Website are genuine.
 
 
1.      Conditions of use of www.skinelement.shop
 
The User agrees to the use of this website in compliance with the applicable law, refraining from using the website for activities contrary to law, morals or the rights and interests of third parties.
 
The www.skinelement.shop website may link to other websites which may contain useful information for their Users. These general conditions will not apply to third party websites, namely for the control of content, availability, operability or performance. Therefore, if you visit another website redirected from ours, you should read its privacy policy.
 
Skin Element is not responsible for any issues arising from the unavailability of the site, whatever the duration of the site.
 

2. Intellectual Property


All content and information on www.skinelement.shop and its subdomains are the property of Skin Element or its suppliers and therefore the use, reproduction, copying and disclosure by any means is subject to prior consent.
All related trademarks or services are the property of Skin Element or their respective owners who grant Skin Element the right and license to use their trademark.
 
 
3.      Product and Price Information
 
3.1.  Product Information
 

All products and brands available in this store are authorized for marketing and consumption in Portugal and are covered by Infarmed and DGAV regulations.
 
Skin Element will try to ensure that all details, descriptions and content presented on the site are up to date, correct. However, we cannot guarantee the absence of incorrect information or typographical errors. In such cases, Skin Element reserves the right not to fulfil orders for those products affected. If you have ordered these products, Customer Support will contact you informing you that you are unable to proceed with the process. Skin Element is not responsible for errors or omissions in the content of the site.
 
Orders may sometimes not be shipped for other reasons, such as product unavailability, failure to obtain payment authorization, or fraudulent orders.
 
All products in promotional campaigns are limited to available physical stock and/or units stipulated for the campaign.
 
The information provided on this site is not intended to replace the opinion of a healthcare professional or specialist, and the information provided is for informational purposes only. If you have any restrictions or allergies regarding the application or use of any ingredient, before using the product you should carefully read the information available on the composition of each product on this website and also all the information provided about its manufacture and composition in the package itself or the leaflet accompanying it. Information on product characteristics, photographs and videos provided by their suppliers illustrates marketed products in strict compliance with the best market standards.
 
 
3.2.  Price Information
 
The retail prices available at www.skinelement.shop and its subdomains are presented for your convenience in Euro, Dollar, Real or British Pound currencies.
 
Payments are, however, always made in Euros, and some banks may charge exchange rates. This situation is foreign to Skin Element, which is not responsible for them.
 
Skin Element reserves the right to change prices without prior notice.
 
Shipping costs are borne by the User and are added to the total value of the products selected, except when the purchase price is equal to or greater than the amount for free shipping delivery (see Shipping & Returns). Before confirming your order and completing the purchase process, you will be informed of these charges.
In the event of a computer error, manual or any other error, that causes an unforeseen substantial change in the selling price to the public such that it becomes a large or negligible amount, the purchase order will be considered invalid and void.
 
In such circumstances, we will inform you of the correct price as soon as possible and give you the option to either reconfirm your order at the correct price or cancel it. If the User chooses to cancel the purchase, no payment will be made; or if payment has already been made, it will be refunded.
 
 
4.      Purchase Process
 
To place an order, the User must register on the website www.skinelement.shop by filling out an electronic form with the necessary data to be able to deliver the order (name, email and delivery address). Required fields on available forms are marked with an asterisk (*). After registration, the User may proceed to purchase the product(s).
 
Upon completion of the ordering process, the User has a deadline, indicated on the payment method selection screen, to proceed to the payment. After this time, if there is no confirmation of payment the order will be cancelled.
 
4.1. Payment options
 
To place an order outside Portuguese territory you can choose to pay by Credit Card or PayPal. For Portuguese territory, the Skin Element store offers the following payment methods:
 
- ATM
 
You can pay at an ATM terminal or a Home banking service. In this case, you have a period of 3 days to make the payment of your order, after which it will be cancelled. To make the payment at an ATM simply select the Service Payments / Purchases menu and enter the data provided by email for order confirmation: entity, reference and value.
 
Payment confirmation is received in real-time, updating the order status. Keep proof of payment.
 
- Credit card
 
Card payments are processed with SSL encryption. For credit card payment, you must enter the Card Verification Value (CVV), a code printed on the card that is used as a security measure in e-commerce transactions. Credit cards will be subject to proof and authorization by their issuer. If the card issuer does not authorize payment, Skin Element assumes no responsibility for any delay or non-delivery, and no agreement with the User can be made. Once paid, the amount will be debited from your credit card account.
 
- PayPal
 
If you choose this payment method, you will be redirected to the PayPal page to complete the transaction.
 
More information at www.paypal.com.
 
- Bank Transfer (SEPA)
 
This option is available to users with bank accounts registered in the European Union.
 
Note: All payments made at www.skinelement.shop will appear as “Fundamental Pensar, Lda” on your bank statement.
 
All payments will be made in euros.
 
 
4.2. Order Delivery
 
After the order has been shipped, the User will receive a confirmation email with the assigned shipping number and a link to track the order on the carrier's website.
 
Orders are delivered Monday through Friday, excluding local or national holidays, to the shipping address (except PO Boxes).
 
It is important that the address you specify for order delivery is correct and that the User is available to receive it. Entering an incorrect or incomplete address may result in the order being returned to Skin Element and may incur additional charges to the User.
 
If you need to change the delivery address after you have placed an order, please contact our Customer Support, who will check if it is still possible to change your address.
 
For all orders, shipping costs are automatically calculated, depending on the value of the order, the weight of the products and the tariffs of the carriers.
 
See Shipping & Returns section for shipping methods and delivery times.
 
Note: For countries outside the European Union, orders may be subject to applicable customs duties. All payments of customs duties or any other type of tax are the sole responsibility of the User.
 

5. Returns and Right of Free Resumption of Contract
 
5.1. Right of Free Resumption of Contract

 
The User has a period of 14 days, from the day the consumer or a third party appointed by the consumer acquires physical possession of the goods, or the day when he/she acquires physical possession of the last property, in cases where several ordered goods in a single order are delivered separately, to terminate the contract without giving any reason following the provisions of Article 10 (1) of DL 24/2014 of 14th February.
 
If the User so wishes, he/she may make use of his Right of Free Termination of the Contract provided that the products are intact, sealed, complete and in the original packaging, which may not be damaged, altered or scratched.
 
According to article 17 of Decree-Law No. 24/2014 of 14th February, sealed goods which cannot be returned due to health or hygiene protection when opened after delivery cannot be returned.
To make use of his Right of Free Termination of the contract, the User must contact our Customer Service, indicating the order number, description or reference of the product(s) he wishes to return and the type of refund he wishes.
 
The Customer Service will contact the User promptly, acknowledging receipt of the intention to terminate the contract, to confirm the right to a refund and provide any further clarification.
 
If you have purchased a product within a promotional campaign and if you have benefited from a gift product, you will need to return not only the paid product(s) but also the assigned offer. This also applies to promotional packs. Returns of incomplete, damaged products without the original packaging or signs of use will not be accepted.
 
In the event of termination of the purchase agreement, payments will be refunded to you, excluding the initial shipping costs of the order, no later than 14 days from the date Skin Element is informed of the termination decision.
 
The refund will be made using the same payment method used in the initial transaction unless expressly agreed otherwise by you. In any case, the User does not incur any costs as a consequence of such refund. Skin Element reserves the right to withhold reimbursement until the goods are not received or until the User provides proof of the return of the goods, following Artigo 12 (4) do Decreto-Lei 24/2014. The cost of returning the order is borne by the User.
 
The item(s) should be sent to the following address:
 
Skin Element - Returns
Rua do Corvo, 764 4410-439, Vila Nova de Gaia
Portugal
 



5.1. Returns and Exchanges
 
If for some reason you are not satisfied with your purchase, you may return it up to 14 consecutive days after the date of receipt of the order.
 
To return an order, please contact Customer Service, specifying the order details and whether to exchange or return the product(s).
 
If you have purchased a product within a promotional campaign and if you have benefited from a gift product, you will need to return not only the paid product(s) but also the offer you are assigned. This also applies to promotional packs. Returns of incomplete, damaged products without the original packaging or signs of use will not be accepted.


After proceeding as directed by email, for the return or exchange of product (s), you will receive a refund or a new product. In the event of a return, payments will be refunded to you no later than 14 days from the date of receipt of the return at the address below. The refund will be made using the same payment method used in the initial transaction unless expressly agreed otherwise by you.
 
The customer is responsible for arranging the return of unwanted good, including payment for shipping.
In cases where there is an error in the shipment of a product by Skin Element, Skin Element will refund the shipping amount for the return. In all other cases, the entire value of the item (s) is returned except the shipping value.
 
In the case of international shipments, where the intention of exchange or return was not originated by Skin Element's mistake, the shipping costs or any customs duties or other taxes that may be applied by the government entities of the destination country, as well as the cost of re-shipping.
 
The item(s) should be sent to the following address:
 
Skin Element - Returns
Rua do Corvo, 764 4410-439, Vila Nova de Gaia
Portugal
 
 
5.2. Orders Not Delivered to User
 
In the event that an order is returned to Skin Element for reasons unenforceable to Skin Element or the carrier, the amount will be refunded, less shipping and return costs.
 
In case the original payment was made by ATM, the User will have to provide the bank details for the refund to be made. In all other cases, where the original payment was made by PayPal or Credit Card, the refund will be made using the same payment method used in the initial transaction, unless expressly agreed otherwise by you.
 
 

6. Warranty
 
Products sold by Skin Element are covered by the legal regime for the sale of consumer goods contained in Decree-Law No. 67/2003, of 8th April, as amended by Decree-Law No. 84/2008, of 21st May.
 
All products are warranted by their respective brands which unless otherwise stated is 2 years.
 


7. Alternative Dispute Resolution
 

In case of dispute, the consumer may resort to an Alternative Consumer Dispute Resolution (ADR) entity. Alternative Consumer Dispute Resolution (ADR) entities are the entities authorized to mediate, reconcile and arbitrate consumer disputes in Portugal that are included in the ADR list provided by Law No. 144/2015. Click on www.ipai.pt/fotos/gca/i006245_1459446712.pdf
 
Online Dispute Resolution
 
Users can use the European Online Dispute Resolution Platform available at ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PT


 
8. Data Privacy Policy
 
Registration as Users on the Skin Element website assumes your understanding and acceptance of this Privacy and Data Protection Policy.
 
Skin Element understands and respects the concern for the privacy of personal data provided by stating our commitment to transparency clearly and unambiguously.
 
You may at any time exercise your right of access, rectification, opposition and deletion by writing to Rua do Corvo, 764 4410-439 Vila Nova de Gaia, Portugal or by email at info@skinelement.shop.
 
 
8.1. Types of personal data collected
 
The new General Data Protection Regulation (RGPD) defines that personal data is any information capable of identifying a person, regardless of its nature and nature on which it presents itself.
 
The required data collected by Skin Element are the name, email and address to process the purchase, open the User form and be able to deliver the order. The tax ID number is optional.
 
Required fields on available forms are marked with an asterisk (*).
 
When you make a purchase, you will also be asked for payment details to ensure the highest possible efficiency and delivery time.
 
The data provided will be kept for the strictly necessary period, which normally corresponds to the period of existence of the User account or until it exercises its right of objection or right of deletion.
 
Your personal data will be processed by Skin Element for the purpose of customer management and, if accepted, for marketing communications purposes. If you do not wish to be contacted for marketing purposes, you may unsubscribe from the newsletter at any time.
 
If the User contacts Skin Element on their initiative by telephone to inquire about the products, the purchase process, the status of an order or to report any situation related to the website, they may be required to collection of additional personal data for a variety of purposes, such as to confirm User identity and reason for contact.
 
When processing a specific order, there may be a need for Skin Element to contact the User in case additional information about the order is required.
 
 

8.2. Data Sharing
 
Whenever strictly necessary, Skin Element may transmit your personal data to third parties, such as freight forwarding companies, solely to perform a delivery service, to banking entities for the processing of payment for your orders, or in compliance with the law, to State Entities such as the Tax Authority.
 
Skin Element does not under any circumstances share your personal data with other companies or brands for other business purposes.

 
8.3. Security of data processing

 
Skin Element respects your concern for the privacy of your data. If you are a Registered User on our site, your information is protected by a password of your choice. The User shall keep the User account access data secure and shall not share it with anyone. It is recommended that you do not store your password in your browser as someone else with access to your computer may access your personal information.
 
Concerning the personal data provided for customer management, Skin Element is charged with protecting it through SSL security technology.
 
Despite all efforts made by Skin Element to protect your data, it is our duty to inform you following Article 10 (4) of Law 67/1998 that your personal data may circulate on the network unsafe, running the risk of being seen and used by unauthorized third parties.
 
 
9. General Provisions
 
The Terms and Conditions of Use for www.skinelement.shop and its subdomains are governed by the applicable laws of Portugal. The User agrees that any legal action arising or related to these Terms and Conditions of Use will be resolved before the Portuguese courts.
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