Terms and Conditions

Terms of Use of Our Store

The current General Conditions in force are intended to regulate the terms and conditions governing the provision of the Service in the Magnusberry Online Store, and therefore, the purchase of any product therein implies acceptance of these General Conditions of Online Sale.

Article 1: Company

This online store is the responsibility of Magnusberry, Lda., registered in Portugal with the number 509278353 and headquartered at Arruamento E, nº16, Zona Industrial de Vilarinho do Bairro, 3780-610 Vilarinho do Bairro.

Article 2: Product, Price, and Content Information

Magnusberry, Lda. reserves the right to modify, without prior notice and at any time, the information and commercial offer presented regarding: products, prices, promotions, commercial conditions, and services.

The items for sale in the online store are subject to existing stock, and orders will be processed in order of arrival. In case of temporary or permanent stock shortage, the customer will be duly informed, and if desired, an immediate refund will be issued. Due to operational reasons, the refund may take 14 days.

Under Portuguese law, product prices are indicated in € (euros) and include VAT at the legal rate in force, as well as packaging costs.

The cost of transportation for the customer is not included in orders below €50 and therefore is added to the total price of the products selected by the user. The user will be informed of these charges and prices before confirming their order and completing the purchase process.

In the event of a computer, manual, technical, or any other type of error that causes a substantial alteration not foreseen by Magnusberry, Lda. in the public sale price, such that it becomes exorbitant or manifestly insignificant, the purchase order will be considered invalid and canceled.

The products provided by Magnusberry, Lda. comply with the applicable legislation and legal requirements in the country of the domain.

Magnusberry, Lda. guarantees that the images in the photographs accurately correspond to the products for sale.

All products have a description of their main characteristics.

In case of an obvious error between the product characteristics and its representation, the user may return it and request a refund, in accordance with the remaining sales conditions.

Article 3: Order and Payment

To make a purchase in the Magnusberry, Lda. Online Store, the user must register as a customer.

Once registered, the user can place their order by selecting the desired products. They must follow all the steps described therein for the order to be successfully completed.

According to legal provisions regarding online contracts, the contract will be concluded when the User clicks the button that allows them to confirm the order, after having viewed the purchase details, and in particular, the total price, and having had the opportunity to correct any errors.

After registering the purchase details, and once the requested information has been entered, the user must click “Confirm” to definitively confirm their order.

After confirming the order in the Magnusberry, Lda. online store, an email will be sent to the contact address registered by the customer at the time of formalization, with all the details about delivery, billing, and payment information. If the customer does not receive the order confirmation email, they are requested to contact us via phone at 231 247 660 or via email at geral@magnusberry.pt.

Changes to the conditions of unshipped orders or the cancellation of an unshipped order can be made when requested via email at geral@magnusberry.pt

Orders will only be shipped after stock confirmation and payment and will be processed in order of arrival.

If an order cannot be fulfilled in part or in full, the customer will be immediately contacted by Magnusberry, Lda.

After receiving the order details, the user has 72 hours to make the payment. If not made within this period, the order will be automatically canceled.

Magnusberry, Lda. offers the user the following payment methods: bank transfer, Multibanco reference, and MB Way.

The bank transfer proof must be sent to the email geral@magnusberry.pt within a maximum of 72 hours after order confirmation. Failure to send the proof within this time frame will result in the cancellation of the order.

Contracts concluded in the online store (data related to your order and the General Conditions of Sale in force on the day the purchase was made) will be stored for a period of 10 years. You can access your previous purchases in the “Orders” section.

Article 4: Shipping Costs

The shipping cost is calculated based on the weight of the products, product dimensions, destination, and the total value of the order.

For orders equal to or greater than €50 with delivery in mainland Portugal, shipping costs are included.

For orders equal to or greater than €50 with delivery in the Azores or Madeira Archipelago, shipping costs are not included.

The cost of transportation for the customer is not included in orders below €50 and, therefore, is added to the total price of the products selected by the user. The user will be informed of these charges and prices before confirming their order and completing the purchase process.

Article 5: Delivery

The purchased products are delivered only within the territory of mainland Portugal, the Azores Archipelago, and the Madeira Archipelago.

Orders will only be shipped after stock confirmation and payment and as soon as possible.

The delivery of orders will be made to the address indicated by the customer and according to the delivery schedules of the transport company.

As the transport service is contracted to a company, possible delivery delays cannot be resolved by Magnusberry, Lda., and in such cases, exact delivery times cannot be guaranteed.

If for any reason the customer cannot receive the order or pick it up at the location indicated by the carrier, the customer is requested to contact us immediately via email at geral@magnusberry.pt

All products shipped by Magnusberry, Lda. must be checked upon delivery.

In case of delay or if after delivery, the customer finds that any of the items are not in compliance, they are requested to contact us immediately via email at geral@magnusberry.pt indicating the order number or the document number that accompanied the order, attaching images of the packaging as received and of all items, so that the situation can be resolved as quickly as possible.

Responsibility for any damage caused to products during transportation, as well as any delay or non-compliance arising from the transportation of goods, belongs exclusively to the transport company, and the customer should address them directly, sending Magnusberry, Lda. all relevant documentation regarding such damages; Magnusberry, Lda. commits to collaborating with the customer in everything they need to fully repair the damages suffered.

The products will be delivered to the delivery address you enter at the time of purchase.

For logistical reasons, we are unable to deliver to post office boxes, military addresses, or any other location considered to have restricted access.

Magnusberry, Lda. reserves the right to divide your order into different shipments. Shipping costs will only be charged once.

The indicated delivery date is usually the latest possible delivery date.

Shipping times vary from sale to sale and are shown at the order confirmation stage. They are also mentioned in the email summarizing your purchase and in your “Orders” section.

Transit times vary from 1 to 14 business days from the shipping date, depending on the destination. In the case of personalized items, delivery may take up to 20 business days.

If the customer is absent, depending on the transport service, they may receive a notice in their mailbox or SMS, indicating the next delivery date, or the location where the customer can pick up the order. If you cannot be present to receive the order, please contact the delivery service to reschedule a new delivery. Changing the delivery location and time through the means provided by the site or directly with the carrier incurs an additional cost that will be informed by the carrier at the time.

If the order is returned to us because delivery could not be made (delivery deadline exceeded, incorrect address, etc.), the customer will be immediately notified by email.

If Magnusberry, Lda. does not receive any response from you within a maximum of 48 hours after receiving the email, it reserves the right to cancel the order.

Shipping costs will not be refunded, and you will be charged an amount of €30+VAT for handling and storage, and the difference will be refunded to the customer.

If it is necessary to initiate a postal tracking (abnormal delivery time, undelivered order, etc.), the customer will have 6 months from the expected delivery date to inform Magnusberry, Lda. We will not accept any claims after this period.

Article 6: Right of Withdrawal

The customer has a period of 14 days to exercise their legal right of withdrawal. They do not have to provide any reason for exercising their right of withdrawal. The customer will not be subject to any penalty.

The costs associated with returning the order to the Company are the responsibility of the User.

The legal period for the right of withdrawal starts from the date of receipt of the order.

Withdrawal will not be accepted for personalized products, produced according to the customer’s specifications.

The return of the order follows these rules:

• It must be made within a maximum period of 14 days from the date of communication of your decision to withdraw;
• The products must be returned properly protected (if possible in their original packaging), in perfect condition for resale (not damaged or dirty) and accompanied by any accessories that compose them;
• The products must not have been used beyond what is necessary to establish the nature, characteristics, and proper functioning of the product. Therefore, they should not show any signs of use;
• The sender must be perfectly identified, as well as all other information related to the order in question.

Exercising the right of withdrawal will result in the refund of the sums paid at the time of the order, as quickly as possible and within a maximum period of 14 days from the date on which the said right was exercised. However, we may delay the refund until we receive the goods.

The refund will be made by bank transfer to the IBAN provided by the customer for this purpose via email at geral@magnusberry.pt

The customer must keep proof of sending their return; a copy of the shipping note, mentioning the sender’s and recipient’s details, proving that it was done. If our warehouse does not receive the return, we may ask you for proof of shipment.

The customer must follow the procedure we describe in the online store to make returns.

Article 7: Exchanges and Returns

In case of exchange or return, contact us via email at geral@magnusberry.pt within 14 days, from the day you acquire physical possession of the goods, to proceed with the return of your order in accordance with the provisions of Article 10, paragraph 1 of DL nº 24/2014, of February 14. You must have your invoice and product reference.

After your contact and case evaluation, we will contact you to determine whether the product will be replaced, refunded, or another type of solution will be provided.

For exchange or return always ensure that the items are free from signs of misuse and with all their components, and that the packaging and general condition of the item are in perfect condition. We emphasize that it will not be possible to process the exchange/return if the damaged product has been totally or partially altered and/or used.

The refund, when applicable, will be made in the manner provided for the right of withdrawal.

This is done only by bank transfer to the IBAN to be sent by the customer. Please note that the deposit may take time to be visible in your bank account.

In cases where the merchandise has a manufacturing defect, the cost of transportation for the return of the merchandise is covered by Magnusberry.

Never ship the item back to our facilities without prior notice via email at geral@magnusberry.pt.

The return of all ordered products will generate a refund of the value of the products. Partial returns are also possible.

Article 8: Quality and Warranty

Magnusberry, Lda. is obliged to provide its users with legal guarantees regarding any defects in the products sold.

In the context of the legal guarantee of compliance (with the contract), we commit to:

• Repair or replace the product subject to stock availability;
• Or refund you the price of the product (against the return of the product), or part of the price of the product (if you choose to keep the product).

In the context of the warranty against latent defects, the user may:

• Keep the product or ask us for a price reduction;
• Or return the product to us and request that the price be refunded, as well as the shipping costs paid.

Magnusberry, Lda. is obliged to supply a product in compliance with the contract and is responsible for any lack of compliance that exists at the time of delivery. It is also responsible for any lack of compliance caused by packaging or assembly instructions, or installation if it assumes responsibility for it, or if it was carried out under its responsibility.

To comply with the contract, the product must be suitable for the purpose generally associated with a product of this type and, if applicable, correspond to the description given by the seller and possess the characteristics that the seller presented to the buyer in the form of a sample or model; it must have the characteristics that a buyer could reasonably expect it to have considering the public statements made by the seller, including advertising and labeling; or have the characteristics defined by mutual agreement between the parties or be suitable for any special requirement of the buyer that has been made known to the seller and that the seller has agreed to.

The action resulting from the lack of compliance expires two years after the delivery of the product.

Article 9: Personal Data Processing

1. Magnusberry, Lda., as the data controller and/or through any subcontracted entity, undertakes to collect and use the personal data of individuals provided during their registration in accordance with the legislation in force in the European Union regarding Personal Data Protection. All in accordance with the Personal Data Protection Declaration available on our website.
2. Magnusberry, Ltd. guarantees and commits, as the data controller and/or through any subcontracted entity, to apply appropriate technical and organizational measures to ensure that its employees, staff, and other professionals protect the personal data provided by the client or potential registered client, at the time of registration, order, and/or payment, through the site and to which they have access in the execution of this agreement, ensuring its transparency, integrity, fairness, confidentiality, and security, protection against unauthorized and unlawful processing and against accidental loss, destruction, or damage.
3. Magnusberry, Ltd. may transfer the data collected under this agreement to a subcontracted entity to which the client expressly agrees.
4. For the purposes of interpreting this agreement, Magnusberry, Ltd. undertakes to collect only the personal data relevant to the proper execution of the contract, limiting its processing to this purpose, unless otherwise authorized by the user, client, or potential registered client, or not communicated to them.
5. The data collected and processed under this agreement will be retained for the duration of the agreement and may be retained beyond this period if required by national legislation, for reasons of public interest, commercial, tax, national security, billing, or other legitimate interests of Magnusberry, Ltd., any subcontracted entity, or if the client or potential registered client expressly consents to its use for other purposes.
6. Without prejudice to the immediately preceding points, Magnusberry, Ltd. may use the information collected for direct marketing purposes, and the user, client, or potential registered client may object to this processing at any time. Any other type of commercial promotion, either by the company or third parties, requires express consent from the user and/or client or potential registered client.
7. The client or potential registered client must ensure the truthfulness, accuracy, correctness, and updating of their personal data, and the creation of false identities is not permitted. They must also ensure the confidentiality of their access data to prevent misuse by third parties.
8. The personal data provided under this agreement will not be disclosed unless such disclosure is communicated to the user and/or client or potential registered client, along with information regarding the recipients of the disclosed data.
9. Without prejudice to mandatory legislation applicable to this agreement, the client or potential registered client, as the data subject, has the following rights regarding the personal data collected and processed in the execution of this agreement, and in exercising these rights, Magnusberry, Ltd. may request elements proving the quality of the data subject of the person wishing to exercise their rights (for example, the first name, last name, and a signed copy of an identification document may be requested).

• Right to access the data and request information, in writing or otherwise, deemed necessary regarding the processing and handling of the data, with a fee applicable in the case of unfounded or excessive requests;
• Right to rectify personal data that is outdated, incorrect, or incomplete;
• Right to object to the use of personal data: for the purpose of safeguarding legitimate interests of Magnusberry, Ltd., its business partners, or identified public interests; that do not serve the purposes for which they were provided; when automated data processing is involved, including profiling, unless compelling reasons justify and support such processing and prevail over the rights of the data subject, such as the exercise or defense of rights in legal proceedings;
• Right to erasure in cases where the data is no longer necessary for the purposes for which it was collected or processed, when consent previously given freely and informed is withdrawn, or when the data has been used unlawfully, unless national legislation requires the retention of the data for reasons of public interest, commercial, tax, national security, billing, or others, without prejudice to the data being deleted when Magnusberry, Ltd., as the data controller and/or through any subcontracted entity, considers that they have fulfilled their purpose;
• Right to restrict processing to the strictly necessary terms, only by those who genuinely need access and for the period and purposes strictly necessary, as referred to in the preceding numbers;
• Right to lodge complaints with the competent public Supervisory Authority in case of violation of the rights described in this clause, without prejudice to the right to resort to judicial remedies.

10. Without prejudice to the preceding numbers, in case of data breach or unauthorized access to information in data hosting, Magnusberry, Ltd., as the data controller and/or through any subcontracted entity, is obliged, whenever required by applicable legislation, particularly when such a breach represents a high risk to the rights of the data subjects, to provide them with information, within a reasonable time, indicating, as precisely as possible, which data was affected, the anticipated consequences of the breach, and the measures taken to remedy it.
11. The parties, as well as their respective employees, staff, and other professionals with whom they contractually relate, are bound to confidentiality regarding the personal data and other information they become aware of due to their direct involvement in the execution of this agreement, even after the termination of their functions, unless such a requirement arises from national legislation, for reasons of public interest, commercial, tax, national security, billing, or others.
12. The client or potential registered client may exercise their rights under this Clause by contacting Magnusberry, Ltd. through the means referred to in this agreement.

Article 10: Cookie Policy

1. The site uses “Cookies” or “connection tokens,” which are small text files stored on the electronic device used – such as a computer or mobile phone – through the Internet browser, useful for retaining information about the user’s visit to the site – such as preferences, pages visited – across different sessions, for the good use of the online store – for purely statistical purposes or even to relate the user’s profile with potential products and/or services of interest provided by Magnusberry, Ltd. or third parties.
2. The information collected by the connection tokens may be used by Magnusberry, Ltd., authorized subcontracted entities, or third parties, and allows, among other purposes, to personalize the services provided and improve the relevance of the information made available. It optimizes and conditions the operation and security of the site.
3. Your express acceptance is required, particularly under the terms better indicated in the window provided by Magnusberry, Ltd. on the site, and without reading and accepting it, the user is prevented from proceeding on the site.
4. The security and privacy settings associated with the connection tokens referred to in the immediately preceding point are usually pre-programmed but can be configured through the Internet browser, namely, they can be disabled, although such restriction options may imply access restrictions on the site.
5. The user is solely and entirely responsible for ensuring that the electronic device through which they access the site is adequately protected against harmful and/or malicious software.
6. In compliance with the provisions of Article 9 (“Personal Data Processing”), the Company undertakes to adopt the security mechanisms at its disposal, namely, to cooperate with the competent supervisory authority(ies) in the matter, to create and/or adopt systems for recording personal data processing activities, to create and/or adopt systems for verifying and identifying risks to data subjects, as well as internal organizational solutions, and many others, capable of complying with the current European legislation on Personal Data Protection.

Article 11: Disputes

These General Terms of Sale are governed by Portuguese Law.

In case of a dispute regarding the interpretation, execution, or validity of these General Terms, Portuguese courts have sole jurisdiction.

In case of a dispute, an amicable resolution should be sought before resorting to legal action.

To this end, please contact the online store’s Customer Support Service by sending an email to the following email address: geral@magnusberry.pt

Magnusberry, Ltd. favors the mediation system. The purpose of mediation is to seek and provide an amicable solution between the Users and Magnusberry, Ltd., as an alternative to resorting to lengthy and costly legal actions. A Mediator is by definition neither a judge nor an arbitrator; they are a neutral, impartial, and independent individual.

The content of this website, including but not limited to texts, images, photographs, multimedia applications, and other elements contained therein, are the property of Magnusberry, Ltd., except for content provided by advertisers or business partners identified as such.

Magnusberry, Ltd. reserves the right to use the information provided by the user to conduct promotional contacts for its initiatives and services.

The user is merely authorized to use the content and newsletter for strictly personal purposes, and it is expressly prohibited to publish, reproduce, disseminate, or distribute in any form that makes the content accessible to third parties for commercialization purposes, by making it available on another site (electronic service, virtual forum, or paper copies).

The copying, reproduction, and dissemination, in whole or in part, of all content on this website without express authorization is expressly prohibited, regardless of the means used, except for the right of citation defined in the Copyright and Related Rights Code.

No person or entity involved in the creation, production, or distribution of the website www.magnusberry.pt shall be liable for any direct or indirect losses and damages arising from the use of content sent by email. The user agrees that these provisions apply to all content included on the website.

Access to the site www.magnusberry.pt does not exempt prior knowledge of the general conditions for the use of its content and respective services, which implies that the user and visitor have full knowledge of them.

Magnusberry, Ltd. is not responsible for the quality, safety, functionality, legality, or lawfulness of links and resources referenced outside the site www.magnusberry.pt.

It is expressly forbidden for any user to create or introduce any types of viruses or programs that alter or damage the operation and content made available through the site www.magnusberry.pt or the newsletter.

Magnusberry, Ltd. does not guarantee that the site www.magnusberry.pt and the sending of information by email will operate uninterruptedly or be error-free.

Magnusberry, Ltd. reserves the right to change the terms and conditions of use of this website without any prior notification.