TERMS AND CONDITIONS

 

1. IDENTIFICATION

1.1. The website www.mistolinsolutions.com (hereinafter referred to simply as the website) is intended for the dissemination and sale of goods and services by Mistolin Solutions, a brand integrated into the MSTN Group, with representation in several parts of the country, such as Ponte de Vagos, Viseu, Oliveira do Hospital, Peniche, Paredes, Famalicão, Lisbon, Algarve, Azores, and Madeira, through the companies M. Deliv, whose parent company, responsible for this website, NIPC 509199739, has its registered office at Rua Principal, n.º 172, 1.º D, 3840-326 Ponte de Vagos.

1.2. For any clarification related to the website, Mistolin Solutions, the products, or these terms and conditions, the user may use the contact form provided on the website.

2. OBJECT AND SCOPE

2.1. These general terms and conditions govern the use of the website.

2.2. It is recommended that you read these general terms and conditions carefully before using the website, as by proceeding to use it, the user is consenting to the terms and conditions provided herein.

2.3. These general terms and conditions apply to users of the website and to any operations and transactions, of a commercial or other nature, carried out through it.

2.4. The applicable general terms and conditions are those published on the website on the date of consultation or use.

2.5. The MSTN Group, in which Mistolin Solutions is integrated, reserves the right to adapt or modify these general terms and conditions at any time without prior notice by publishing the new text on the website. Therefore, regular consultation by users is recommended to remain up to date with the conditions applicable at any given time, which they consent to by using the website.

3. INTELLECTUAL PROPERTY RIGHTS

3.1. The contents contained on the website are protected under intellectual property legislation, in particular copyright and related rights, and industrial property rights.

3.2. The content of the website is provided for information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, sold, licensed, or otherwise exploited for any other purpose without the prior written consent of the respective owners. Likewise, the creation of links to the website without the prior written authorization of Mistolin Solutions is not permitted.

3.3. However, the user may print material contained on this website, provided that it is not altered, is for personal and non-commercial use, maintains the indication of the source and ownership of the rights, and that any other proprietary notice is not removed.

3.4. Nothing on this website should be construed as granting any type of license or other authorization for use to its users.

3.5. The website may contain content whose rights belong to third parties, such as suppliers or other entities that contribute to its creation or maintenance (such as, for example, stock photos), and all such content is duly authorized by the respective owners. Thus, none of the content made available on the website violates any intellectual or industrial property rights of third parties.

3.6. The unauthorized creation of links to the website, or the abusive use of the domain or any content of the website, is subject to recourse to the competent legal means, and the MSTN Group may demand the removal of the link or the cessation of use, without prejudice to the right to claim compensation for damages suffered as a result of such practices.

3.7. The MSTN Group disclaims any responsibility for the improper placement of links to the website on other pages, for the authorship and origin of those pages, and for their respective contents.

4. RULES OF CONDUCT

4.1. By using the website and/or placing orders through it, the user undertakes to:

a) Only make legally valid inquiries or orders.

b) Not to place any false or fraudulent orders. If it can reasonably be considered that such an order has been placed, the MSTN Group reserves the right to cancel it and inform the competent authorities.

c) Provide us with your email address, postal address, and/or other contact details truthfully and accurately, also consenting to the use of the information provided to contact you (if necessary, consult the Privacy Policy), it being understood that, without such necessary information, it may become impossible to process the order.

4.2. By placing an order through the website, the user declares to be over 18 years of age and to have the legal capacity to enter into contracts and make payments.

4.3. In the event of non-compliance with these general terms and conditions or misuse of the website, the MSTN Group reserves the right to block or cancel the user's registration, as well as to not allow their re-registration.

5. SECURITY

5.1. The website is equipped with security systems intended to guarantee the protection of information entered by users, as well as to prevent unauthorized access to it, its improper use, disclosure, loss, or destruction.

5.2. Notwithstanding, it is the user's exclusive responsibility to ensure that access to the website is performed on a secure device that is duly updated and protected against any threats, such as trojans, malware, computer viruses, among others.

5.3. In this sense, it is recommended that users always take into account the following security recommendations:

a) Do not use computers or other public devices to enter personal data, such as credit card numbers;

b) Safeguard the confidentiality of your personal data;

c) Remember access codes and passwords;

d) Always end the session after finishing access to the personal area;

e) Always use an updated antivirus;

f) Always keep the device and software updated;

g) Use a firewall.

5.4. The user undertakes not to make improper use of the website through the intentional introduction of viruses, trojans, logic bombs, or any other technologically harmful or damaging material, not to obtain unauthorized access to the website, to the server on which it is located, or to any server, computer, or database related to the website, and not to attack the website through a denial-of-service attack or a distributed denial-of-service attack. Non-compliance with this clause may result in the offender incurring the offenses typified by the applicable legislation, and the MSTN Group shall inform the competent authorities of any non-compliance with said legislation and cooperate with them to discover the attacker's identity.

5.5. The MSTN Group disclaims liability for any damages or losses resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging program or material that may affect the user's computer, computer equipment, data, or materials as a result of using the website, downloading content from it, or redirects from its content. In fact, the website only contains links to other pages and third-party materials for informational purposes, without the MSTN Group having any control over the content of those pages or materials, and therefore disclaims any responsibility for damages or losses arising from their use.

5.6. The MSTN Group also disclaims liability for any damages or losses arising from delays, interruptions, errors, and suspensions of communications that originate from factors outside its control, namely any failures caused by networks, communication services, and the computer system, as well as if it is impossible to complete the online purchase for any reason involving an error in accessing the website.

6. PRODUCT INFORMATION

6.1. The prices, information, designations, and specifications contained on the website are presented for information purposes only, with those viewed by the user at any given moment prevailing, particularly at the time of completing the online purchase, except in the case of computer or typographical error.

6.2. The published prices are valid for purchases made on the website and delivered in mainland Portugal, except in the case of computer or typographical error. The price of each product may vary between the online store and Mistolin Solutions' physical stores and between these; therefore, to know the exact price in a physical store, the user must contact it through the contacts indicated on the website.

6.3. The prices of the products on the website already include VAT at the legal rate in force.

6.4. The MSTN Group reserves the right to modify, at any time and without prior notice, the information and commercial offer presented regarding: products, prices and promotional campaigns, commercial conditions, and services.

6.5. The stock information provided for each item is updated regularly but is merely indicative, and there may be a lag between the information presented online and the actual stock available. All promotional campaigns have limited stock, and stock-outs or changes in the value of the targeted items may occur without prior notice.

6.6. The MSTN Group makes every effort to ensure that the information presented is free of errors, namely regarding product characteristics and their respective prices, stocks, and photographs. However, the MSTN Group is not responsible for the accuracy or integrity of any information provided on the website. In case of doubt or for clarification, the user may contact the MSTN Group through the form provided on the website.

7. ACCESS AND REGISTRATION

7.1. Access to the website for consultation is not subject to any prior registration by the user, and said registration is only necessary for making an online purchase by filling out the registration form provided for this purpose on the website.

7.2. Through online registration, the user can:

a) Access and modify their personal data and contact preferences;

b) Make online purchases and consult the history of orders already placed online, being able to access invoices and their details (order summary, order status, among others);

c) Manage their subscription to the MSTN Group newsletter.

8. ORDERS

8.1. Making purchases through the website implies the creation or existence of the user's online registration, with the provision of all data requested for this purpose. During the purchasing process, the user must provide the data necessary for processing the order (such as the delivery address or billing data). The conclusion and payment of the order imply the user's validation of the presented data.

8.2. Any online order is subject to the availability of the items. In case of unavailability, stock-out, or unforeseen supply issues, the MSTN Group reserves the right to inform the user about the existence of alternative products, in terms of quality, of equal or greater value, that may eventually replace the missing products, with the appropriate adjustment in the final value of the order being made subsequently if the user accepts the change. Alternatively, the user may cancel the order in whole or in part, with the right to a refund of the amount referring to the canceled products, using the same method used for payment. If it is impossible to contact the user, the order is completely canceled by the MSTN Group, and a full refund of the amount paid by the user is made using the same method used for payment.

8.3. After payment confirmation, the user receives an email confirming the order, accompanied by the order details. If payment is not made at the time of online purchase (e.g., payment via Multibanco reference), the user receives an additional email with the order details and payment instructions. Non-payment of the order within the maximum period stipulated in this email implies its automatic and immediate cancellation, without the need for any communication to that effect.

8.3.1. Orders for which payment has not been confirmed within 5 days will be automatically canceled by the system. The user must place a new order if they still wish to acquire the products.

8.4. After payment validation, the MSTN Group begins preparing the order and its respective delivery. If the order is not paid for at the time it is placed, the MSTN Group does not guarantee stock availability and does not commit to any delivery date. Stock availability and the actual delivery date are confirmed to the user via email and/or SMS after payment validation. If the user identifies any anomalous situation, they must get in touch through the form provided on the website or, in case of a more urgent situation, through one of the telephone contacts indicated on the website.

8.5. The MSTN Group disclaims liability for any errors that may be present in the information provided, but makes the user aware of them, who has the right to terminate the purchase and sale contract.

8.6. The MSTN Group is not liable to the user or third parties for removing any product published on the website, nor for changing or deleting any information about them.

8.7. Exceptional circumstances may arise that imply the refusal to process an online order, even after sending the order confirmation. In particular, the MSTN Group reserves the right to refuse an order for the following reasons:

a) When the product is no longer available;

b) In case of an incorrect price for an item or service;

c) When delivery or billing data are incomplete or incorrect;

d) In case of unjustified impossibility of delivery to the address provided;

e) In case of suspicion of a false or fraudulent order;

f) When the order is not paid for within a maximum period of two days after its creation;

g) If there is suspicion that the user is not complying with these terms and conditions.

8.8. The MSTN Group informs the user about the refusal of the order in question and proposes or requests alternative resolution solutions. If a consensual solution is impossible or it is impossible to contact the user, the order is canceled, with a full refund of the amount paid by the user being made, to be returned by the same payment method.

9. DELIVERIES

9.1. On the date designated in the order confirmation email, after payment validation, the MSTN Group ensures the delivery of the products ordered online, duly packaged, to the address indicated by the user for this purpose. The indicated date may undergo changes, namely due to lack of stock or unforeseen events by the carrier, but the MSTN Group cannot be held liable if the delivery is not met within this period, which is merely a guideline.

9.2. The MSTN Group informs that the average delivery times are as follows (subject to stock availability), always up to a maximum of thirty days:

a) Mainland Portugal: between 1 to 5 business days;

9.3. When the order is shipped, the user receives an alert email with a tracking code and a link to the carrier's website so that they can track the status of the order delivery and, if they wish, reschedule it. They should get in touch with the MSTN Group through the telephone contacts provided for this purpose if they do not receive the tracking code.

9.4. Delivery costs are variable and are calculated and presented to the user upon order confirmation, in accordance with the type of products ordered and the distance between the destination address and the Mistolin Solutions Ponte de Vagos warehouse. For orders with a value greater than 60 euros, delivery is free.

Mainland Portugal:

 Weight (Kg) Fee (euros)
0kg-4.999kg  4.66€
5kg-9.999kg  5.22€
10kg-19.999kg  6.36€
20kg-29.999kg  8.16€
60.00€ and over  Free

 

9.5. Mistolin Solutions seeks to ensure that products are delivered in perfect condition and in accordance with the order placed. However, upon receipt of an order, it is recommended that the user checks whether the outer packaging shows signs of mishandling or if the products have visible defects. The user has the right to ask the carrier to wait while they check the order to confirm that the products delivered match their order, and to refuse delivery if they do not. After refusing the order under these circumstances, the user must immediately contact the MSTN Group and explain the situation, either through the contact form provided on the website or through the telephone numbers provided for this purpose, indicating the user's details and the order number.

9.6. If the order has been accepted and the user subsequently discovers that a product inside is damaged, they may file a complaint within thirty days of the date of receipt of the order. This can be submitted via the contact form provided on the website, indicating the user's details, the order number, a copy of the invoice, detailed photographs of the products and shipping packaging, and the reason for the complaint.

9.7. Technical and Safety Data Sheets for the products ordered are always sent so that the user has all the information necessary for the proper use of the products. The MSTN Group is not responsible if the products are not used as stated in those documents.

10. PAYMENT METHODS

10.1. The MSTN Group provides the user with the following options for paying for their online order:

a) Debit or credit card: The user is redirected to the Redunicre payment portal and must enter all requested details. If the platform rejects the payment, the order is automatically canceled. All transactions and the respective data security are the sole responsibility of Redunicre.

b) Multibanco reference: The user has the maximum period indicated in the order confirmation email or SMS to make the payment using the details provided (entity/reference/amount). If payment is not made within the maximum period indicated, the order is automatically canceled.

c) Paypal: By selecting this payment method, the user is redirected to the PayPal payment portal, where they must create an account or sign in to an existing account.

d) MBWay: When choosing this payment method, the user must enter the phone number associated with their MBWay account and confirm the payment directly in the phone application.

e) Bank transfer: When choosing this payment method, the user will receive an email with the details to make the bank transfer.

10.2. Payment upon delivery of the ordered goods is not possible, and orders are processed only after the respective payment has been validated.

    11. RIGHT OF FREE RESOLUTION

    11.1. The user may cancel an online order placed on the website at any time before its delivery, with the right to a refund of the total amount paid, to be made via the same payment method.

    11.2. Upon receipt of the order, under the terms of Article 10 of Decree-Law no. 24/2014, the user has the right to terminate the contract and return their purchase, provided it is unopened, without having to state any reason. For this purpose, the user must clearly and explicitly express this intention to the MSTN Group via the contact form provided on the website, and may use the model withdrawal form provided in Annex 1 of these terms and conditions.

    11.3. The right of free resolution may be exercised within fourteen days of the date of receipt of the order, after which the MSTN Group will refund the user for all payments made. The refund of the amounts paid by the user will take place within fourteen days from the date on which the MSTN Group became aware of the contract termination and will be made via the same payment method used in the initial transaction. Until the goods are received, or the user provides proof of their return, the MSTN Group may withhold the refund of the amounts spent by the user. The refund is only made after verification of the condition of the goods.

    11.4. The costs associated with returning the goods for which the user has exercised their right of free resolution shall be borne by the user.

    11.5. When exercising the right of free resolution of a distance contract, the user must return the item duly closed and/or sealed, in the same condition in which it was received, with all its original components, accessories, and packaging. The MSTN Group reserves the right not to accept the return of items that show signs of improper use or that have been tampered with from their original state.

    11.6. The user does not have the right to terminate the contract in the case of personalized and/or custom-made products, or products that, by their nature, would compromise the required health and safety conditions of the product in question.

    12. WARRANTIES

    12.1. Under current legislation, all goods purchased on the website have a three-year legal warranty, with the exception of purchases made for professional use/company purchases, for which the warranty period is six months, without prejudice to the possibility that, in certain cases and as a courtesy, the MSTN Group may offer a longer warranty period for certain types of products, a circumstance that is indicated alongside other product information.

    12.2. In the event that, during the warranty period, the purchased item shows any non-conformity or defect, the user must contact the MSTN Group via the contact form provided on the website for this purpose, and the Group will provide all information regarding the subsequent procedure. The MSTN Group bears the costs associated with the return or collection of non-conforming or defective items within the respective legal warranty period. If, upon technical verification by the MSTN Group, it is detected that the reported non-conformity or defect is due to improper use by the user, the user will be contacted to provide a quote for the repair in question.

    12.3. Regarding goods that are outside the legal warranty period, the user may go to one of the Mistolin Solutions stores located throughout the country, accompanied by the respective purchase invoice, so that the after-sales service can assess the situation and provide a technical opinion and repair quote. After approval by the user, the item is repaired. In cases where the user does not have a Mistolin Solutions store nearby, they may contact the MSTN Group via the contact form provided on the website to find out about any partners closest to them. The user may also use other repair services.

      13. FORCE MAJEURE

      13.1. The MSTN Group is not responsible for any failure or delay in the performance of any of its obligations under a contract caused by events beyond its control (force majeure).

      13.2. The concept of force majeure shall include any act, event, failure to exercise, omission, or accident that is beyond control, including, but not limited to, the following:

      a) General strikes or other forms of protest that significantly affect the country;

      b) Public order disturbances, riots, invasions, terrorist attacks or threats of terrorism, war (declared or not), or threats or preparations for war;

      c) Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster;

      d) Impossibility of using trains, ships, aircraft, motorized transport, or other means of transport, public or private.

      e) Impossibility of using public or private telecommunications systems.

      13.3. The MSTN Group's obligations derived from contracts are considered suspended for the period during which the force majeure grounds persist, thus benefiting from an extension of the deadline to fulfill such obligations for a period equal to the duration of the force majeure grounds. The MSTN Group makes every reasonable effort at its disposal to end the force majeure grounds or to find a solution that allows it to fulfill its contractual obligations despite such force majeure grounds.

      14. LEGISLATION AND JURISDICTION

      14.1. These terms and conditions of use are subject to the Portuguese legislation in force at any given time.

      14.2. Any conflict or divergence of interpretation must be submitted to the territorially competent Portuguese court, regardless of whether the user is in Portugal or abroad.

      15. ALTERNATIVE DISPUTE RESOLUTION

      Mistolin Solutions has not joined any Alternative Dispute Resolution Entity; however, it has the following entities available for this purpose:

      For more information, please visit www.consumidor.pt. (22/03/2016)