1. Commercial policy
1.1 The "seller" Alegredominó - Comércio De Vestuário Infantil, Lda (Ativo) has products for sale on the ativokids.com website, and the "e-commerce" services are available exclusively to end users / "consumers".
1.2 "Consumer" means an individual who acts/buys outside of their business or profession. If you are not a "consumer" we ask that you do not make any purchases from the ativokids.com online sales site.
1.3 Alegredominó, Comércio de Vestuário Infantil reserves the right not to process orders received from users who are not "Consumers" or those who do not agree with the general terms and conditions of sale of Alegredominó, Comércio de Vestuário Infantil, Lda.
1.4 These general terms and conditions of sale exclusively regulate the offer, transmission and acceptance of orders placed on ativokids.com between consumers of the Ativo online shop (ativokids.com) and the seller.
1.5 The Consumer" must provide the "Seller" with an e-mail address or other contact details that are correct and complete and accepts that the "Seller" can contact them using these details if deemed necessary.
2. How to order
2.1 In order to order from ativokids.com, the user must have an e-mail account and their browser must be configured to accept cookies and pop-ups in order to take advantage of all the browsing conditions of the Ativo online shop.
Placing an order in the Ativo Kids Online Shop is easy:
- Find the products you want to buy;
- Add the selected products to your basket;
- Finalise your purchase;
- Select your payment option;
- Review your order;
- Make the payment and confirm the order;
- You will receive an order confirmation by e-mail;
Your order is confirmed when you select the "Confirm Payment" button (Checkout) at the end of the purchase process.
When Ativo receives your order, a message will appear on the screen with your order number and all the order details. The purchase agreement is finalised at that point.
An order confirmation is sent to your e-mail address. We suggest that you print or download this copy for future reference.
We reserve the right not to accept your order, or to cancel it even after it has been automatically confirmed.
By submitting the order form you accept the general terms and conditions of purchase, as well as other terms and conditions existing on ativokids.com via links, including the general terms and conditions of use.
The seller may not process orders that do not have a sufficient guarantee of good collection; when orders are incomplete or incorrect, or the products ordered are no longer available. In these cases, we will inform you by e-mail that the sales contract has not been concluded and that the seller has not proceeded with the sale, specifying the reasons for this.
If the products presented in the online shop (ativokids.com) are no longer available when you last access it or when the seller receives the order, the seller must inform you of their unavailability within 30 days of receiving the order.
If an order has been placed and payment made for products that are no longer available, the seller will refund the money paid for the unavailable items.
2.2 Right not to accept the order or to cancel the purchase
Ativo reserves the right to refuse any order for any reason. We also reserve the right to cancel any purchase (even if it has already been accepted by us) in the following situations, without liability for any damages or costs:
- The product is no longer available/in stock (payments will be returned);
- The billing information is not correct or verifiable;
- The order is flagged by our Security Systems as an incorrect order or an order susceptible to fraud;
- The transfer for payment of the order has not been received by us within 5 days of accepting your order;
- If we believe that you are under 16 years of age;
- If we believe you are a reseller;
- We are unable to deliver to the address provided.
2.3 Data verification
After receiving your order we may carry out some checks on it before preparing it.
These checks may include address verification, credibility and fraud verification. With regard to fraud checks, we carry out partially automated checks on all orders to filter out transactions that are unusual, suspicious or identified as susceptible to fraud. Suspected fraud will be investigated and, if necessary, prosecuted. By confirming your order you agree to these conditions.
3. Guarantees and Product Pricing
3.1 Payment methods
You can find the payment methods available in the Payments section. We do not accept any payment methods other than those mentioned. Please do not attempt to pay by any means other than those specified. If you do, we cannot be held responsible for loss of payment or any other damages that may result.
3.2 Payment processing
If you pay by Credit Card we will deduct the amount due from your account as soon as your order leaves our warehouse. In the case of payment by Credit Card, all details (e.g. card number or expiry date) will be sent by encrypted protocol to the company providing the remote electronic payment services, without third parties being able to access the information transmitted.
This information will not be used by Ativo Kids except to carry out the necessary procedures for the purchase or refund, in the event of a return, in accordance with the exercise of the right of return or for reporting cases of fraud to the police.
The purchase price of the products and transport costs, as indicated on the order form, will be charged to the current account when the purchased products are actually dispatched.
4. Order security
4.1 The ativokids.com shop uses some of the most robust security technology among the encryption platforms available.
Your payment information will be encrypted from the moment you enter it until your transaction is processed and will not be stored on a public server. Although we use encryption software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed.
Ativo cannot be held liable for any damage suffered as a result of the use of electronic means of communication including, but not limited to, damage arising from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programmes used for communications or transmission of viruses.
If you choose to pay by ATM reference, we will start processing your order once we have received your payment. This may take several days. Once 3 calendar days have passed since the order was placed, and if we have not received any payment, Ativo has the right to cancel the order.
Payments can only be processed if the information to be used for invoicing can be verified.
5. Reservation of ownership
Ativo retains ownership of the company's products until it has received full payment for all such products.
6. Prices
6.1 The prices of the products displayed on the site contain/include Value Added Tax (VAT). Delivery charges are applied per order. The exact price of the shipping fee will depend on the country where your order will be delivered. For additional information on shipping rates by country, please consult the Customer Support section of the website.
6.2 All prices are quoted in euros. Please note that changing the country of delivery may have an influence on prices due to transport costs.
6.3 Your total price
The total price specified in the final checkout menu includes taxes and shipping costs. Prices are quoted on the order confirmation, which you can print out or download for future use. Please only pay the exact amount specified in the order confirmation and make individual payments per order.
6.4 Price changes
The prices of the products shown on the website are subject to change. Ativo reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.
6.5 Price errors
Please note that even though the site is updated with extreme care, it is possible that the price information on the site may contain errors. Ativo is not committed to the offer and reserves the right to cancel your order in the event of such an error.
7. Quality and guarantee
Ativo does not sell products that are defective or of inferior quality to those on the market. The main characteristics and ingredients of each product shown on ativokids.com can be found on each respective product page.
The products offered for sale on ativokids.com may not correspond exactly to their actual appearance in terms of image and colours, due to the Internet browser and monitor used.
All hygiene products have a protective pleated paper sheet. Do not remove this protective sheet if you wish to return the product.
Should you decide to exercise your right to return the products purchased, Ativo Kids has the right not to accept the return of hygiene products that are returned without the protective foil or that have been altered from their original condition or damaged.
8. Dispatch and delivery
8.1 Delivery: where and when
We deliver products Monday to Friday from 9am to 6pm. We do not deliver on certain public holidays. We can only fulfil the delivery of an order if the delivery address is a home or office located in one of the countries mentioned in the list of countries available in the Delivery menu.
In order to collect the parcel, you must ensure that someone is at the address. This service does not include the option of scheduling or making an appointment, so the parcel will be delivered without prior contact from the carrier. We do not guarantee this deadline during promotions, sales, Christmas, epidemic periods or in the event of a stock outage.
A delivery is considered to have been made or a product is considered to have been delivered when the delivery receipt is signed at the agreed address.
8.2 Delivery times
If you confirm your order on a working day by 12 noon and pay by credit card or Paypal, your order will be dispatched on the next working day (weekends and public holidays are not considered working days), with a delivery time of 24 hours from the time the order is dispatched. If you choose to pay by ATM reference, dispatch is less efficient, as we will only dispatch your order once we have received payment. This can take between 5 and 7 days.
Ativo will not be liable for failure to fulfil, or delay in fulfilling, any obligation that is due to a force majeure event, i.e. an event, act or omission beyond its reasonable control (Force Majeure Event - which comprises any event, act or omission beyond Ativo's reasonable control).
We will endeavour to deliver on time, insofar as this is commercially reasonable. As a rule we always do this, however we cannot guarantee timely delivery.
8.3 Partial deliveries
Whenever possible, we will endeavour to deliver everything in one shipment. However, we reserve the right to split the delivery of the order, for example (but not limited to) if part of the order is delayed or not available. In the event that we split the order, the customer will be notified by e-mail of our intention to do so. The e-mail address provided by the customer at the time of purchase will be used for this purpose.
8.4 Inspection upon delivery
Upon delivery, the customer must inspect the packaging for any damage. If they find that the products are damaged, the customer must not accept delivery of the order, which will be returned. Ativo will reimburse the amounts paid for the order and transport once the warehouse has received and completed the return process.
Any claim for non-receipt of an order must be made within a maximum of 30 days from the date the order was placed. At the end of this period, Ativo cannot be held responsible for the loss of the order.
9. Delivery charges
9.1 Delivery charges apply per order. The exact price of each delivery depends on the country of delivery. For more details on the shipping price per country, please consult the Delivery menu on the website.
9.2 Free shipping
If the customer places an order whose value exceeds the minimum order value set for their country or campaign, shipping will be done free of charge, i.e. free of charge.
10. Returns
10.1 Cancellation of order before dispatch
The customer can cancel the order as long as it has not yet been dispatched. If the customer has placed an order and wishes to cancel it, they should contact our Customer Service department and ask for the order to be cancelled, using the email address apoio@ativokids.com.
If the cancellation request is successful, the customer will be notified by e-mail of this decision and the cancellation will be processed at no cost to the customer. If the cancellation request is unsuccessful, the products will be sent to the customer who, if they still wish to cancel the order, must refuse to accept them. The products will be returned and, upon receipt, a chargeback will be processed.
10.2 Return of defective products
The customer has the right to return the delivered products if they are found to be defective or otherwise non-compliant with the products ordered. Returns can be made within 30 days of receipt of the order. This does not affect your statutory rights. If your complaint is justified, the price and shipping costs will be refunded. For more information on how to proceed with the return and information on the chargeback, please consult the Customer Support menu on the website.
10.3 Returning products due to cancellation
If for any reason you are not satisfied with the products you have ordered, you can return them within 30 calendar days of receipt, provided that:
- The products have not been used;
- The product retains its original characteristics and the packaging is not damaged (carefully opened packaging will not be considered damaged);
You cannot return
- Products that have been tampered with;
- Hygiene products that have been used.
10.4 Returning gifts
It is currently not possible for someone who has received a product as a gift from someone else to return it. In this case, in order to return it, you must contact the person who bought it so that they can return it in accordance with the Return Conditions.
10.5 Exchanging products or sizes
To exchange an item for another or to exchange sizes, please follow the steps in Returns.
10.6 Information on returns
If the customer wishes to return the items, they must bear the costs associated with sending the return items to the Active logistics centre mentioned on the invoice.
Refunds will be made on the basis of the method of payment. If the customer pays by ATM reference, they must give their bank details to our Customer Service team when they start the returns process. This is necessary so that we can refund the money to your account. The customer will receive the refund once the product(s) have been returned and processed.
For additional information on the return process and refund times please refer to the Customer Support section of the website. Please read the help instructions in that section and follow them carefully to avoid unnecessary delays.
11. Customer support
11.1 For additional information, you can contact the seller via e-mail at apoio@ativokids.com or you can also call the following number +351 223 175 620. You can also find information in the Customer Support menu on the website.
12. Conditions applicable to Promotional Codes (discounts)
12.1 When used in accordance with the established rules, a promotional code entitles the user to take advantage of a promotion/discount relating to the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code/promotional campaign.
12.2 Promotional codes can only be used for online purchases made on the website. The sale, exchange or donation of a promotional code is not permitted. The customer holding the promotional code may not upload or make available a promotional code on any website or other public form of offer, donation, sale or exchange. The use of promotional codes for commercial purposes is not permitted.
12.3 The promotional code is linked to the Ativo brand. It is not permitted to use the promotional code in connection with another brand, company or name. It is also not permitted to use the promotional code in an illegal, abusive or disrespectful way, or in any other way that could damage Ativo's reputation.
12.4 Use of the promotional code is limited to one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.
12.5 Promotional codes are not exchangeable for cash.
12.6 Ativo has no obligation to reissue or refund promotional codes. However, in the event that Ativo decides to reissue or refund a promotional code, you need to have access to the initial promotional code. To do this, you must keep a copy of your promotional code, otherwise it cannot be reissued or replaced if it is lost.
12.7 In cases where Ativo reissues/refunds the promotional code, the discount of that amount can only be applied to a purchase of equal or greater value to the purchase in which the discount/promotional code was issued.
12.8 Without prejudice to any other rights, Ativo may have/has the right to immediately invalidate the promotional code if Ativo has reason to suspect that a promotional code is being used: in breach of the aforementioned conditions, by usurpation or in other cases in which Ativo has reason to do so.
13. Availability
The fulfilment of all orders placed on the site is subject to availability. Ativo endeavours to ensure that all items offered for sale on the site are in stock. However, Ativo reserves the right not to accept any orders or to cancel orders already confirmed for products that are no longer in stock. In such cases, Ativo will inform the customer and refund the amount paid.
14. Validity of the promotion
Offers on the site are valid only for the time they are displayed on the site, unless otherwise stated on the site. Ativo is not bound by any offer if there are errors or mistakes in spelling, prices or other information on the site. Ativo reserves the right to cancel any purchase or sale made as a result of such errors.
15. Liability
15.1 Ativo shall only be liable for damages suffered by the customer in the event that such damages result from breaches attributable to Ativo Kids' contractual obligations towards the customer, or in the event that Ativo's liability results from applicable legal law.
15.2 In the event that the customer has suffered damage related to the activity of the website, Ativo's liability shall be limited to:
Damage to Ativo products or other materials;
Reasonable and verifiable costs incurred by the customer to find the cause and amount of compensation attributable to the damage;
The maximum reimbursement of the aforementioned compensation will be (if applicable) the price of the products in question.
15.3 Ativo cannot be held liable for damages suffered by third parties resulting from the use of any of our products. Ativo cannot be held liable for damage suffered by the customer as a result of misuse of our products.
15.4 Ativo shall not be liable for damages resulting from incorrect information on the website.
15.5 In the event that the customer suffers damage as a result of gross negligence or wilful misconduct on the part of Ativo, none of the limitations contained in this article shall apply.
16. Applicable law
These general conditions and all disputes arising in connection with these general conditions, including their validity, the use of the website or any purchase on it shall be governed by Portuguese law.
17. Modification of Terms & Conditions
Ativo has the right to amend these Terms & Conditions at any time. The customer is subject to the principles and terms in force on the date of their order, unless the law or competent authority imposes any change to them.
18. Information on the website
Although Ativo works on its website with the utmost care, the information, texts, graphic documents, films, music and/or other services may contain errors or be incomplete or incorrect.
Ativo shall not be liable for any damages resulting from the use (or inability to use) the website, including damages caused by viruses or any inaccuracy or imperfection of the information, unless such damage is the result of wilful misconduct or negligence on the part of Ativo.
19. Trademarks and copyright of the site
All brand names, product names and titles used on the site are trademarks or registered names of Ativo or trademarks and registered names of other holders.
The user/customer of the site is not authorised to use or reproduce any of these trademarks or registered names as this constitutes an infringement of the rights of the holders.
Everything relating to the design, texts, documents, films, music and/or other services of the site, the selection and organisation thereof, as well as the entire software compilation (including applets) and all other materials on the site are the property of Ativo and its suppliers.
Users/customers are only authorised to electronically copy and print portions of the site if necessary to place an order on the site or to use the site as a source for a purchase.
The user/customer is not authorised to make any other use of the site or the information and materials contained therein, including reproduction for purposes other than those mentioned above, modification, distribution or republication.
20. Alternative dispute resolution
Alternative dispute resolution is the possibility that all consumers have at their disposal to turn to official organisations to help them resolve or steer a conflict. Online Dispute Resolution is an official website run by the European Commission dedicated to helping consumers and traders resolve their disputes outside the courts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Customers who are defined as consumers by Law 144/2015 and who have entered into contracts for the purchase and sale and/or provision of services have the right to turn to official organisations to help them resolve any disputes concerning such contracts, without prejudice to recourse to the Courts. The up-to-date list of Alternative Dispute Resolution bodies available under the terms of article 17 of Law no. 144/2015, of 8 September, are listed on the Consumer Portal, accessible via the website www.consumidor.pt. For more information you can also consult Law 144/2015. We would also like to inform you that, in order to resolve disputes arising from online purchases, you can use a resolution system called the "ODR Platform - Online Dispute Resolution/ RLL", created by the EU.
In any case, you can contact one of the centres listed below.
Alternative Dispute Resolution Centres
CNIACC - National Centre for Consumer Conflict Information and Arbitration
http://www.arbitragemdeconsumo.org
CIMAAL - Algarve Consumer Conflict Information, Mediation and Arbitration Centre
https://www.consumidoronline.pt/pt/
Consumer Conflict Arbitration Centre of the District of Coimbra
http://www.centrodearbitragemdecoimbra.com
Lisbon Consumer Conflict Arbitration Centre
http://www.centroarbitragemlisboa.pt
Porto Consumer Information and Arbitration Centre
http://www.cicap.pt/
Vale do Ave Consumer Conflict Arbitration Centre / Arbitration Court
http://www.triave.pt/
European online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
If the user/client wishes to use information or materials from the site, they must obtain prior written authorisation from Ativo.
Address of Alegredominó - Comércio De Vestuário Infantil, Lda:
Rua do Comércio Edifício Grocenter, 4760-739 Vilarinho das Cambas, Vila Nova de Famalicão
Taxpayer: 510793665
