General conditions of Sale

1. Purpose

This document establishes the Terms of Use and General Conditions of Online Sale of the MYGHOST store, with the website www.myghost.pt.

The domain www.myghost.pt is owned by GHOST - CORPORATE MANAGEMENT, S.A., a commercial company with domicile at Avenida do Brasil, nº 15, 1st floor, 1749 112 Lisboa, with VAT number 509043500, hereinafter referred to in short as “GHOST”.

GHOST reserves the right to modify freely and at any time these Terms of Use and General Conditions of Sale in order to adapt them to the applicable legislation, without the need for any prior notice.

The version of the conditions of sale applicable to your order will be the one published at www.myghost.pt/eu/pt/terms-and-conditions at the time of placing the order.

Likewise, GHOST reserves the right to change completely and at any time, without prior notice, the presentation and content of the website and services. Such changes will always have as their final objective the constant improvement of the website, as well as the services offered to its user.

Both browsing www.myghost.pt and purchasing any product presupposes acceptance of these Terms of Use and General Conditions of Sale contained on this page.

2. Conditions of Use

The user undertakes to use this website in compliance with the provisions of the applicable legislation, refraining from using the website for activities contrary to the law, morals and good customs, or the rights and interests of third parties.

Access to the Service by Buyers is reserved for strictly personal use. The Buyer declares to act as a consumer (in the definition given by the Consumer Defense Law – Law n.º 24/96, of July 31) in a private capacity when using the Service.

Buyers, in addition to accepting these Terms and Conditions, can access the Service as a guest (single purchase) or by creating an account and registering on the Site. In any of the aforementioned modalities, the Purchaser must provide the data allowing his identification.

When opening this account, the Buyer undertakes to provide only accurate information, any changes to which must be made in the account and immediately inform GHOST of any changes to them. To use the Service, the Buyer must use his e-mail address and password created when opening his account. The Buyer undertakes to keep them secret and not to disclose them to any third party. Indeed, the Buyer will be solely responsible for accessing the Service using his e-mail address and password, unless he proves fraudulent use that is not attributable to him.

In case of loss, diversion or fraudulent use of his e-mail address and/or password, the Buyer undertakes to notify GHOST's customer service immediately.

3. Intellectual Property

All text, visual, sound, technological and other content elements present on our website www.myghost.pt are the exclusive property of GHOST and are protected by Intellectual Property Law. By allowing access to the site, GHOST is not granting any license or rights.

Therefore, the use, reproduction, copying and dissemination by other means of logos, texts, images and videos contained in this website is subject to your prior authorization in this regard. It is only allowed to use the contents of the website for personal purposes. No part of the website may be reproduced for the purpose of being marketed or distributed for commercial purposes, and may not be modified or incorporated into any other work, publication or website either in electronic format or in transfer mode to any other website.

4. Price of the Service

Opening an account and using the Service are free (with the exception of any connection costs which depend on your electronic communications operator), with no obligation to purchase on the Site. Only the purchase of Products from Sellers is onerous, under the conditions set out in the CGV.

On the product pages of our website www.myghost.pt we provide information regarding the essential characteristics of our products, through technical descriptions and photographs that illustrate the products sold, with the exception that these images are merely illustrative of the product.

The prices and promotions shown on our website www.myghost.pt may change and their availability may be related to limited periods of time. Some offers may have a quantity limit per customer which, if applicable, will always be shown in the specific offer.

Shipping service costs are at the expense of the user and buyer, and are added to the total value of the selected products. The user will be informed of these charges before confirming his order and completing the purchase process.

Due to the large number of products sold on our website, and despite all our verification efforts, there is always the possibility of an incorrect percentage of an item. If GHOST verifies this situation during the processing of an order, it will immediately proceed to contact the respective customer, offering the option of reconfirming the order at the correct price or, rather, canceling it.

GHOST cannot be held liable in the event of a computer, manual, technical error, or of any other origin, that causes a substantial change not foreseen in the public sale price that appears on the Site www.myghost.pt, for which we cases where this is exorbitant or manifestly insignificant, the purchase order will be considered invalid and canceled and the Customer will be informed of this fact.

Likewise, stock outages may occur even after placing the order, a situation that will be duly communicated to the customer, in which case the corresponding reversal will be carried out.

The prices and products available at www.myghost.pt are only valid for purchase orders made through www.myghost.pt, and may not match the prices charged at other MYGHOST stores, except for promotions expressly indicated online.

5. Signing of the purchase and sale contract between the buyer and the seller

The present CGV are subject to Portuguese legislation.

The Products are presented on the Site with a description that allows the Buyer to know their essential characteristics and their price.

The Buyer selects the Product(s) he intends to buy.

You confirm your choice of Product(s) and acknowledge and accept these Terms and Conditions by clicking on validation.

The Buyer makes payment for the Product(s).

The Buyer receives an e-mail confirming the acceptance of his order. However, the purchase and sale agreement entered into between the Buyer and GHOST is subject to the resolutive condition of the availability of the Product.

GHOST reserves the right not to accept or cancel an order for the following reasons:

1. In case of technical or typographical error in the prices or in the rest of the data of the products found on the Site when placing the order.
2. Due to lack of product availability.
3. When security systems indicate that the order may be fraudulent.
4. In case the Seller is unable to deliver the product to the address provided.

If the same Product is the object of an order by several Buyers at the same time, and depending on the availability of this Product, it will be sold to the first Buyer who registers and pays for his order. The order placed by other Buyers will be cancelled.

Once the order has been validated or confirmed by GHOST, an email message is sent to the Buyer to inform him of the shipment or cancellation of the order.

In case of total or partial confirmation of the order by GHOST, the resolutive condition that integrates the purchase and sale contract concluded between the Buyer and GHOST is not verified, thus assuming the definitive commitment to send the order within the foreseen period, without prejudice to applicable legal exceptions.

In case of confirmation of the availability of all or part of the Products ordered by the Buyer, said Products are dispatched by GHOST in the manner provided for in article 7

The Buyer must confirm the status in which he receives the ordered product, in the absence of confirmation, the Product is presumed to have been received in good condition and in good condition within 21 (twenty one) days from the date of the respective shipment. This Clause is without prejudice to the provisions contained in Decree-Law No. 84/2021, of 18 October.

6. Price and payment

The purchase price of the Product is determined by GHOST. The price is indicated in the currency of the respective market in which the Buyer is located with all taxes and fees included in the description sheet.

With regard to VAT, this may vary depending on the delivery country chosen at the time of order validation, the same happening with regard to shipping costs.

Payment for purchases made through the Service is made to GHOST, which receives the corresponding amount, in the name and on behalf of the Seller.

7. Shipping modalities and costs

The following delivery methods are proposed to the Purchaser, under the conditions defined below:

• Home delivery
• Physical store delivery

GHOST is obliged to comply with the delivery method chosen by the Purchaser from among the methods proposed by GHOST.

Delivery costs for the Products are calculated based on the volume of the order, the delivery service chosen and the delivery location.

Shipping costs can be consulted at the following link: https://www.myghost.pt/resources/medias/mediamanagement/medias/PORTES-ENVIO.pdf

After acceptance of the order, GHOST undertakes to send the ordered Product(s) to the Buyer. The Products are sent to the address indicated by the Buyer and forwarded under the conditions chosen at the time of ordering. Therefore, it is the Purchaser's sole responsibility to verify that the information communicated to GHOST for this purpose is correct and that it allows him to receive the products he purchases on the Site.

8. Right of free resolution

Under the terms of the legislation in force, the Buyer has a period of 14 (fourteen) days from the receipt of the Product(s) ordered to exercise, with GHOST, its right of free withdrawal without payment of compensation and without the need to indicate the reason, using, if you so wish, the “Free Termination Form Template”, transcribed at the end of this clause.*

In case of exercise of the right of free withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be refunded. Return costs are the responsibility of the Buyer.

The Product(s) must be returned to the address: Rua Eng. Celso Rodrigues nº40, 4905-199 Alvarães, Viana do Castelo - Portugal, in the original and complete state(s), packed in the same way as in the shipment, within 14 (fourteen) days from its reception.

The Buyer exercises his right of free withdrawal directly from GHOST through the contact form placed at his disposal within the scope of the Service.

The refund of the payment is made by GHOST to the Buyer in the shortest possible time and within a period of 14 (fourteen) days.

Refunds may be withheld as long as the Products are not received or as long as the Buyer fails to provide proof of returning the Product.

Any depreciation of the Product attributable to the Buyer will be taken into account for the exercise of the right of free withdrawal. The Buyer must always keep proof of shipment of the Products. All Products will be checked upon arrival and if the returned products are not in good condition, GHOST may take the necessary and admissible measures under Decree-Law No. 24/2014, of February 14th.

* Free resolution form template

(you should only complete and return this form if you want to terminate the contract)

- To [insert name, geographical address and, if applicable, fax number and email address of the professional here]:

- I hereby/we communicate (*) that I/we have/resolved (*) my/our (*) contract of purchase and sale relating to the following good/for the provision of the following service (*)

- Product and batch: …

- Requested on (*)/received on (*)

- Name of consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only if this form is served on paper)

(*) Delete what does not matter

9. Complaints

Complaints must be sent in writing to the email apoio.cliente@myghost.pt within a maximum period of 3 days after becoming aware of the defect that the product presents and will only be processed in an internal assessment process if they are accompanied by two cumulative elements: ( a) probative evidence about the object of the claim and (b) the respective purchase invoice.

Given the type of product sold, GHOST reserves the right to forward the complaints received to the quality department, which will verify the basis of each complaint.

For the purposes of assessing the basis of each claim, the Buyer must respond to all clarifications requested by GHOST within 5 days, with a view to instructing the claim assessment process, under penalty of it not proceeding due to lack of elements.

If the complaint has proven grounds and depending on the severity of the defect found, GHOST reserves the right to replace the defective product within a maximum period of 30 (thirty) days, without prejudice to situations in which the defect determination procedure of the goods, due to their complexity, justify a longer period, or to compensate the Buyer with a discount voucher.

Only complaints about products purchased on the Site www.myghost.pt will be considered.

10. Warranties

Legal guarantee for consumer goods: Under the terms of Decree-Law No. 84/2021, of October 18 (relating to the conformity of the good with the contract), if the Products sold do not comply with the contract, the Buyer is granted the rights listed in the said diploma.

For the purposes of technical analysis and exercise of rights by Buyers, the Products must be returned to GHOST in the state in which they were received, namely the original packaging and commercial offers sent with the order.

Exercise of rights: Without prejudice to GHOST's liability under the terms of article 44 of the aforementioned diploma, in order to exercise its rights, the Purchaser must contact GHOST, via email apoio.cliente@myghost.pt. GHOST, in the event of non-compliance, is obliged to restore the conformity of the good, to reduce the price or to terminate the contract, under the applicable legal terms.

11. Personal data

The Buyer is informed that the data collected within the scope of the Service when placing orders is processed by GHOST for the purposes of processing said orders, with the sole purpose of allowing them to ship the Product(s) ordered ). They may not, under any circumstances, be used for purposes other than the following:

1. Execution and management of purchase and sale or service provision contracts;
2. Order processing;
3. Communication with customers and clarification of doubts;
4. Processing of requests for information;
5. Complaints processing, Regulators Proceedings, Pre-litigation Proceedings or exercising rights in court proceedings;
6. Statistical analysis activities;
7. Verify, maintain and develop statistical systems and analyses;
8. Direct marketing communications (if you have consented to the processing of your personal data for this purpose);
9. Prevention and fight against fraud;
10. Request for comments on purchased products or services;
11. Conducting satisfaction surveys;
12. Management and participation in events, competitions and campaigns;

GHOST undertakes to ensure the security of the personal data it retains for the purposes of processing and tracking orders.

Under the terms of the Legislation in force on the Protection of Personal Data, the Purchaser may exercise at any time its rights of access, rectification, erasure, limitation, opposition to portability, by requesting it by any of the following means:

Mail: Rua Eng. Celso Rodrigues nº40, 4905-199 Alvarães, Viana do Castelo - Portugal

  E-mail: dpo@myghost.pt

The Buyer's personal data will only be kept for the period necessary to fulfill the purpose that motivated its collection.

You may receive information about offers from GHOST depending on the choices made when creating or consulting your account. If you do not wish to receive more information about GHOST offers, you may at any time access the privacy settings in your user account, changing them according to your preferences.

The Site was also designed to be particularly attentive to customer needs. It is specifically for this reason that cookies are used. The purpose of the cookie is to signal the customer's visit to the Site. Cookies are used by GHOST only to improve the personalized service provided to you. For more information about cookies, you can access www.myghost.pt/eu/pt/privacy-policy.

GHOST has a Data Protection Officer who is involved in all matters related to the protection of personal data, whose contact is dpo@myghost.pt

12. Act of God and force majeure
GHOST will not be liable for non-compliance, or delay in fulfilling, any obligation arising from the Contract that is due to an event beyond its reasonable control ("Force Majeure Event"), including any event, act or omission, beyond reasonable control of GHOST and includes, in particular (but not exclusively), the following:
1. Strikes, lock-outs and other labor actions;
2. Civil uprising, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threatened preparations for war;
3. Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster;
4. Impossibility of using rail, sea, air, road or other public or private means of transport;
5. Impossibility of using public or private telecommunications networks;
6. Government laws, decrees, regulations or restrictions;
7. Any strikes, interruptions or accidents affecting relevant postal or transport services.
The obligation to comply with the GHOST in any Contract will be suspended for the duration of the Act of God or Force Majeure and will give rise to an extension of the respective period equivalent to that duration.

13. Partial Nullity
If one or more provisions of these Terms and Conditions are considered invalid or declared as such by application of legislation or by a final decision of a competent court, the remaining provisions will remain valid and effective.

14. Applicable law
By visiting the GHOST online store, you agree that any dispute arising from this store will be settled in Portugal, in the District of Viana do Castelo and governed by Portuguese law, even if the law applicable to the case is the law of other countries.