General Terms and Conditions of Sale

1. Purpose

This document sets out the Terms of Use and General Terms and Conditions of Online Sale for the MYGHOST store, whose website is www.myghost.pt.

The domain www.myghost.pt is owned by GHOST - CORPORATE MANAGEMENT, S.A., a commercial company with registered office at Avenida do Brasil, no. 15, 1st floor, 1749 112 Lisbon, with Portuguese corporate tax number (NIPC) 509043500, hereinafter referred to as “GHOST”.

GHOST reserves the right to freely amend these Terms of Use and General Terms and Conditions of Sale at any time in order to bring them into line with applicable legislation, without prior notice.

The version of the terms of sale applicable to your order shall be the version published at www.myghost.pt/eu/pt/terms-and-conditions when the order is placed.

Likewise, GHOST reserves the right to change the presentation and content of the website and services, in whole or in part, at any time and without prior notice. Such changes will always aim to continually improve the website and the services offered to its users.

Browsing www.myghost.pt and purchasing any product both imply acceptance of these Terms of Use and the General Terms and Conditions of Sale set out on this page.

2. Terms of Use

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

Buyers’ access to the Service is restricted to strictly personal use. When using the Service, the Buyer declares that they are acting privately as a consumer (as defined in the Consumer Protection Law — Law No. 24/96 of 31 July).

In addition to accepting these GTC, Buyers may access the Service as a guest (one-time purchase) or by creating an account and registering on the Website. In either case, the Buyer must provide details that allow them to be identified.

When opening an account, the Buyer undertakes to provide only accurate information; any changes must be made in the account and promptly reported to GHOST. To use the Service, the Buyer must use the email address and password created when opening the account. The Buyer undertakes to keep these credentials confidential and not disclose them to any third party. The Buyer is therefore solely responsible for access to the Service using their email address and password, unless they prove that fraudulent use occurred for which they are not responsible.

In the event of loss, theft or fraudulent use of their email address and/or password, the Buyer undertakes to notify GHOST customer service immediately.

If the Buyer fails to comply with these General Terms of Use, GHOST reserves the right to temporarily or permanently suspend that Buyer’s access to the Service.

Each Buyer undertakes to make purchases in good faith and declares that they are not intended for resale.

3. Intellectual Property

All text, visual, audio, technological and other content on our website www.myghost.pt is the exclusive property of GHOST and is protected by intellectual property law. By allowing access to the website, GHOST does not grant any licence or rights.

Accordingly, the use, reproduction, copying and disclosure by any means of logos, text, images and videos on this website require prior authorisation. Website content may be used for personal purposes only. No part of the website may be reproduced for sale or commercial distribution, or modified or incorporated into any other work, publication or website, whether in electronic format or by transfer to another website.

4. Price of the Service

Opening an account and using the Service are free of charge (except for any connection costs, which depend on the electronic communications operator), and there is no obligation to purchase on the Website. Only the purchase of Products from Sellers is subject to payment, under the conditions set out in the GTC.

On the product pages of www.myghost.pt, we provide information about the essential characteristics of our products through technical descriptions and photographs illustrating the products sold; these images are for illustrative purposes only.

Prices and promotions displayed on www.myghost.pt may change, and availability may be limited to specific periods. Some offers may impose a quantity limit per customer, which, where applicable, will be stated in the relevant offer.

Shipping costs are borne by the user and Buyer and are added to the total price of the selected products. The user will be informed of these charges before confirming the order and completing the purchase.

Given the large number of products sold on our website, and despite our best efforts to verify them, an item may occasionally be listed at an incorrect price. If GHOST identifies such a situation while processing an order, it will promptly contact the customer and offer the option of reconfirming the order at the correct price or cancelling it.

GHOST shall not be liable for computer, manual, technical or other errors that cause an unforeseen, substantial change to the retail price displayed on www.myghost.pt. If the price is exorbitant or manifestly insignificant, the purchase order will be considered invalid and cancelled, and the Customer will be informed accordingly.

Stock shortages may also occur after an order has been placed. The customer will be duly informed and the corresponding refund will be made.

Prices and products available at www.myghost.pt are valid only for purchase orders placed through www.myghost.pt and may differ from prices in other MYGHOST stores, except where online promotions are expressly indicated.

5. Formation of the sales contract between the buyer and the seller

These GTC are governed by Portuguese law.

Products are presented on the Website with a description enabling the Buyer to understand their essential characteristics and price.

The Buyer selects the Product(s) they wish to purchase.

The Buyer confirms their selection, acknowledges and accepts these GTC by clicking to validate.

The Buyer pays for the Product(s).

The Buyer receives an email confirming acceptance of the order. However, the sales contract between the Buyer and GHOST is subject to the resolutory condition that the Product is available.

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

1. In the event of a technical or typographical error in the prices or other product details displayed on the Website when the order is placed.
2. If the product is unavailable.
3. Where security systems indicate that the order may be fraudulent.
4. If the Seller is unable to deliver the product to the address provided.

If the same Product is ordered simultaneously by several Buyers, it will be sold, subject to availability, to the first Buyer to register and pay for their order. Orders placed by the other Buyers will be cancelled.

Once GHOST has validated or rejected the order, an email will be sent to the Buyer notifying them of shipment or cancellation.

If GHOST confirms all or part of the order, the resolutory condition included in the sales contract between the Buyer and GHOST will not occur, and GHOST will be definitively committed to dispatching the order within the specified period, without prejudice to any applicable legal exceptions.

Once availability of all or some of the Products ordered by the Buyer has been confirmed, GHOST will dispatch those Products under the arrangements set out in Article 7.

The Buyer must check the condition of the product upon receipt. If no confirmation is provided, the Product shall be presumed to have been received in conformity and in good condition within 21 (twenty-one) days of dispatch. This clause is without prejudice to the provisions of 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 shown in the currency of the relevant market in which the Buyer is located and includes all taxes and charges listed in the product description.

VAT may vary depending on the delivery country selected when validating the order; the same applies 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. Delivery methods and costs

The following delivery methods are offered to the Buyer, subject to the conditions set out below:

• Home delivery
• Delivery to a physical store

GHOST is obliged to comply with the delivery method selected by the Buyer from among those offered by GHOST.

Product delivery costs are calculated according to the order volume, the delivery service selected and the delivery location.

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

After accepting the order, GHOST undertakes to send the ordered Product(s) to the Buyer. Products are sent to the address provided by the Buyer and handled under the conditions selected when placing the order. The Buyer is therefore solely responsible for ensuring that the information provided to GHOST for this purpose is correct and enables receipt of the products purchased on the Website.

8. Right of withdrawal

Under the legislation in force, the Buyer has 14 (fourteen) days from receipt of the ordered Product(s) to exercise the right of withdrawal with GHOST, without paying compensation and without having to state a reason, using, if they wish, the “Model withdrawal form” reproduced at the end of this clause.*

If the right of withdrawal is exercised within the above period, only the price of the purchased Product(s) and the shipping costs will be refunded. The Buyer may choose to receive a voucher for the same value as the order. Return costs are borne by the Buyer.

The Product(s) must be returned to: Rua Eng. Celso Rodrigues nº40, 4905-199 Alvarães, Viana do Castelo - Portugal, in their original and complete condition, packaged in the same way as for dispatch, within 14 (fourteen) days of receipt.

The Buyer exercises the right of withdrawal directly with GHOST using the contact form made available through the Service.

GHOST will refund the Buyer as soon as possible and within 14 (fourteen) days.

The refund may be withheld until the Products have been received or until the Buyer provides proof that the Product has been returned.

Any depreciation of the Product attributable to the Buyer will be taken into account when exercising the right of withdrawal. The Buyer should always keep proof of dispatch of the Products. All Products will be inspected on arrival and, if returned products are not in good condition, GHOST may take the necessary measures permitted under Decree-Law No. 24/2014 of 14 February.

*Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

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

- I/We hereby give notice that I/we withdraw (*) from my/our (*) contract of sale of the following goods/for the provision of the following service (*)

- Product and batch: …

- Ordered on (*)/received on (*)

- Name of consumer(s)

- Address of consumer(s)

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

(*) Delete as appropriate

9. Complaints

Complaints must be sent in writing to apoio.cliente@myghost.pt within a maximum of 3 days after becoming aware of the defect in the product. They will only be processed through an internal assessment procedure if accompanied by both of the following: (a) evidence relating to the subject of the complaint and (b) the relevant purchase invoice.

Given the type of products sold, GHOST reserves the right to refer complaints received to the quality department, which will assess the merits of each complaint.

To assess the merits of a complaint, the Buyer must respond to all requests for clarification from GHOST within 5 days so that the complaint file can be completed; otherwise, the assessment may not proceed due to insufficient information.

If a complaint is substantiated, and depending on the severity of the defect identified, GHOST reserves the right to replace the defective product within a maximum of 30 (thirty) days, without prejudice to cases where the complexity of determining the defect justifies a longer period, or to compensate the Buyer with a discount voucher.

Only complaints concerning products purchased on the Website www.myghost.pt will be considered.

10. Warranties

Legal guarantee for consumer goods: Under Decree-Law No. 84/2021 of 18 October (concerning the conformity of goods with the contract), if the Products sold do not conform to the contract, the Buyer is granted the rights listed in that legislation.

For technical assessment and the exercise of Buyers’ rights, Products must be returned to GHOST in the condition in which they were received, including the original packaging and any promotional gifts sent with the order.

Exercise of rights: Without prejudice to GHOST’s liability under Article 44 of the aforementioned legislation, the Buyer must contact GHOST at apoio.cliente@myghost.pt to exercise their rights. In the event of lack of conformity, GHOST is required to bring the goods into conformity, reduce the price or terminate the contract, in accordance with applicable law.

11. Errors when placing orders

The customer is responsible for correctly entering the information required to place an order, in particular the billing and delivery details.

In the event of an error in placing an order attributable to the customer, the customer shall be liable to pay GHOST the administrative, banking and shipping costs, which shall amount to no less than €5.00.

Where applicable, these costs may be deducted from any amount to be refunded to the customer.

12. Personal data

The Buyer is informed that data collected through the Service when placing orders is processed by GHOST to process those orders, solely to enable dispatch of the ordered Product(s). Under no circumstances may the data be used for purposes other than the following:

1. Performance and management of sales or service contracts;
2. Order processing;
3. Communication with customers and answering questions;
4. Processing information requests;
5. Handling complaints, regulatory proceedings, pre-litigation proceedings or the exercise of rights in legal proceedings;
6. Statistical analysis activities;
7. Checking, maintaining and developing systems and statistical analyses;
8. Direct marketing communications (if you have consented to the processing of your personal data for this purpose);
9. Fraud prevention and combating fraud;
10. Requesting feedback on products or services purchased;
11. Conducting satisfaction surveys;
12. Managing and participating in events, competitions and campaigns;

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

Under the legislation in force on personal data protection, the Buyer may exercise their rights of access, rectification, erasure, restriction, objection and portability at any time by submitting a request through any of the following channels:

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

Email: dpo@myghost.pt

The Buyer’s personal data will be retained only for as long as necessary to fulfil the purpose for which it was collected.

You may receive information about GHOST offers according to the choices made when creating or accessing your account. If you no longer wish to receive information about GHOST offers, you may access your user account’s privacy settings at any time and change them according to your preferences.

The Website was also designed with particular attention to customers’ needs. This is one of the reasons cookies are used. A cookie records a customer’s visit to the Website. GHOST uses cookies solely to improve the personalised service provided to you. For more information about cookies, visit www.myghost.pt/eu/pt/privacy-policy.

If an order is incorrectly placed or contains an omission attributable to the customer, bank, administrative and/or shipping charges payable to GHOST will apply, estimated at no less than €5.00. These charges may be deducted from any amount refunded to the customer.

GHOST has a Data Protection Officer involved in all matters relating to the protection of personal data, who can be contacted at dpo@myghost.pt.

13. Accident and force majeure

GHOST shall not be liable for failure or delay in performing any obligation under the Contract where this is due to an event beyond its reasonable control (“Force Majeure Event”). This means any event, act or omission beyond GHOST’s reasonable control and includes, in particular but not exclusively, the following:

1. Strikes, lockouts and other labour actions;
2. Civil unrest, riots, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparations for war;
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. Inability to use railways, sea, air, road or other public or private means of transport;
5. Inability to use public or private telecommunications networks;
6. Laws, decrees, regulations or government restrictions;
7. Any strikes, interruptions or accidents affecting relevant postal or transport services.

GHOST’s obligation to perform any Contract will be suspended for the duration of the accident or force majeure event, and the relevant deadline will be extended by a period equal to that duration.

14. Partial invalidity

If one or more provisions of these GTC are considered invalid or declared invalid under applicable legislation or by a final decision of a competent court, the remaining provisions will remain valid and effective.

15. Applicable law

By visiting GHOST’s online store, you agree that any dispute arising from this store shall be settled in Portugal, in the judicial district of Viana do Castelo, and governed by Portuguese law, even if the law applicable to the case is that of another country.