Terms of service
These terms and conditions refer to the use of the website www.baguy.pt by users and their relationship with our brand.
The website www.baguy.pt is owned and managed by Ana & Barbara, LDA, a company with tax identification number 514515902, with registered office at Rua Dr. Manuel Barbosa de Brito, nº45, 4730-769 Vila Verde, Braga, Portugal, telephone contact (+351) 253 781 814 (call to the national fixed network) and email contact geral@baguy.pt – hereinafter BAGUY.
These Terms and Conditions (hereinafter "Terms") define the use of the BAGUY website (hereinafter "Website") by users (hereinafter "User") and their relationship with our brand (hereinafter "We", "our"). Please read all articles carefully as they affect your rights and duties according to the applicable law.
The User, when ordering any of our products or services, agrees to be bound by these Terms.
You should print a copy of these Terms for future reference.
If you have any questions regarding these Terms, please contact us.
1. Agreement
By using the Website you agree to be bound by these Terms and authorize us to transmit data (including updated information) to obtain information from third parties, including but not limited to, the User's debit and credit card numbers or credit reports in order to authenticate your identity, validate your credit card, obtain initial credit authorization, and authorize individual transactions.
2. Amendments
We reserve the right to:
– update these Terms regularly. It is your responsibility to check such modifications. These modifications will apply to the use of the Website after notification has been issued through an announcement on the Website. If the User does not want to accept the new Terms, they should not continue to use the Website. Continued use of the Website after the date on which the modifications take effect indicates agreement to be bound by the new Terms;
– to modify or withdraw, temporarily or permanently, this Website and the material (or parts) contained therein without prior notice and the User agrees that we cannot be held liable for any modification or withdrawal of the Website or any content;
– deactivate any user identification code or password that we have provided to you, whether chosen by you or assigned by Us, at any time, if in our opinion the User has failed to comply with any clause set forth in these Terms.
3. Registration
The User, by using this Website, guarantees that:
– you are legally capable of entering into binding contracts;
– the personal information you provide at the time of registration is true, accurate, up-to-date, and complete in all respects;
– and you are not impersonating another person or entity.
The User agrees to notify us immediately of any changes to their personal information via email or telephone contact.
4. Privacy Policy
All your personal information will be treated as confidential and will be processed and used in accordance with our Privacy Policy. By using the Website, you consent to these processes and guarantee that all information provided is accurate.
When purchasing on this Website, we will ask you to enter personal details so that we can identify you, such as your name, email address, billing address, delivery address, credit card information, or other payment methods. We guarantee that this information will be stored by Us in accordance with all legal premises in force in Portugal.
5. Protecting your security
To ensure that your debit, credit, or prepaid card is not being used without the User's consent, we will validate the name, address, and other personal information provided during the ordering process with appropriate third-party databases. We take the risk of online fraud seriously. There is a possibility that the User may be contacted for additional security checks, and therefore, we request your cooperation.
Fraudulent transactions will not be tolerated and any attempt will be reported to the competent authorities.
By accepting these Terms, the User consents to these checks being carried out. When performing these checks, the personal information provided by the User may be disclosed to registered credit agencies that may keep a history of that information. This is done only to confirm the User's identity. We do not perform any credit checks and your credit rating will not be affected. All information provided by the User will be handled securely and in accordance with current law.
6. Compliance
This Website may only be used for legal purposes and in a legal manner. The User agrees to comply with all applicable laws, statutes, and regulations regarding the Website and its use.
The User agrees not to:
– uploading or transmitting through the Website any computer viruses, Trojans, Worms, logic bombs, or anything created with the purpose of interfering with or interrupting the normal operation of a computer;
– uploading or transmitting through the Website any defamatory, offensive, or obscene material; and
– attempting to access the Website, the server where it is hosted, or any server, computer, or database connected to the Website without authorization. You must not attempt any denial of service (“DoS”) attacks on our Website.
Any of these violations will be reported to the competent authorities and we will cooperate with these authorities by disclosing the User's identity to them. In the event of a breach of this provision, the User's right to access the Website will be immediately terminated.
We will not be responsible for any loss or damage caused by a DoS attack, virus, or other technologically harmful material that may affect your computer equipment, programs, data, or other proprietary material due to the use of the Website or the User's download of any material placed there or on any web page linked to the Website.
7. Links to third parties
For the convenience of our customers, the Website may include links to other web pages or material beyond our control. We inform you that we are not responsible for such pages or material nor do we review or endorse them. We will not be held liable for privacy practices or content of these pages nor for any damage, loss, or offense caused or allegedly caused in connection with the use of our trust in any advertisement, content, products, materials, or services available on such external pages or media.
8. Orders
All orders are subject to acceptance and availability. If the ordered goods are not available, the User will be notified by email (or other means if an email address has not been provided) and may choose to wait for the product to become available in stock or cancel the order.
Any orders placed by the User will be treated as an offer to purchase our goods or services and, as such, we reserve the right to refuse these offers at any time. The User acknowledges that the automated confirmation of their order does not validate our acceptance of their offer to purchase products or services advertised on the Website. The conclusion of a contract between Us and the User will take place when:
(i) payment for the said order has been made or;
(ii) we dispatch the goods or start the services, whichever is later, at which time an email will be sent to the User confirming that the contract has been concluded (“Dispatch Confirmation”).
The contract will only relate to the goods or services whose dispatch has been confirmed in the Shipping Confirmation.
We will take all possible care to keep order and payment details secure, so in the absence of negligence on our part, we will not be held responsible for any loss you may suffer if a third party gains unauthorized access to any data provided by the User when accessing or ordering from the Website.
The products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and suspend accounts that we believe are ordering products in violation of this point.
At checkout, the customer can choose between two delivery methods for their order provided by BAGUY: in-store pickup – free, or delivery to the address.
If you choose delivery to the address, it is the User's responsibility to assume the risk of the products once delivered to the delivery address specified at the time of the order. We do not accept responsibility when an incorrect delivery address is provided or when the User does not collect the products at the specified delivery address.
However, the risk of loss or damage to the products will only be your responsibility after delivery to the delivery address.
BAGUY entrusts the delivery of its orders to an external transport service, proceeding with the shipment of the ordered product(s) on the days and times used by the logistics company, to the delivery address indicated by the customer.
The estimated delivery time for orders varies between 1 to 2 business days for deliveries in mainland Portugal, 5 to 7 business days for deliveries in the Azores or Madeira archipelagos, and 7 to 14 business days for other European countries or outside Europe.
Delivery times may be delayed during periods of higher order volume, such as sales periods, Christmas, Black Friday, among others.
The costs applied to the shipment of the order are the responsibility of the customer, with an automatic calculation of this value made for each order during the checkout process, based on the number of items, their weight and dimensions, and the destination address of the order, according to the previously defined table:
| Destination | Shipping costs | Delivery time |
| Continental Portugal | 5 € | 1 to 2 business days |
| Azores and Madeira | 8.36€ | 4 to 8 business days |
| Europe | 18€ | 5 to 10 business days |
| International shipments (non-EU) | 32€ | 5 to 15 business days |
BAGUY is not responsible for any costs associated with possible customs clearance, which will be borne by the customer.
BAGUY will inform the customer of the unavailability of the ordered product(s), as well as proceed with the refund of the amount paid, within a maximum period of 15 (fifteen) days from the knowledge of the unavailability.
Delivery is considered completed upon signature on the delivery receipt at the agreed address.
9. Rights of exchange or cancellation
As provided by law, BAGUY allows the exchange and return of items, provided that they have not been used by the customer and maintain the same presentation conditions as when they were sent.
Requests for exchange or return must be unequivocally addressed to the email geral@baguy.pt, within a maximum period of 14 days after receiving the order.
After receiving the item(s) at our facilities, we conduct a careful analysis of them and the exchange/return will only be accepted if the following requirements are met:
a) The product(s) show no signs of use or handling;
b) The product(s) maintain their original characteristics and tags intact;
c) The product(s) are complete and were sent along with all the material that accompanied the original order.
Any request for exchange or return must indicate the order number and proof of defect, if any.
The amount related to the return will be reimbursed through the payment method originally used for the purchase within a maximum period of 14 business days or through another means to be agreed with the customer.
The cost inherent to shipping fees is the sole responsibility of the customer, with no refund of these fees.
In case of return due to defect or other non-conformities regarding the ordered products, BAGUY assumes responsibility for the shipping costs paid initially, as well as for the exchange/return process.
If a product is returned and does not meet the eligibility requirements for exchange or return, according to the conditions previously mentioned, the customer will be notified of the non-acceptance of the exchange or return and the item(s) will be resent to the address provided in the original order.
10. Prices and payment
Prices displayed on the Website include VAT at the applicable legal rate.
The prices shown are correct at the time the information is entered into the system. However, we reserve the right to change prices at any time without prior notice (except for changes affecting orders for which an Order Confirmation has already been sent).
In the unlikely event that the price shown on the confirmation page is incorrect and this error is discovered before we accept the User's order, according to clause 9, we are not obliged to sell the goods at the displayed price. We always try to ensure that the prices of goods displayed on the Website are accurate but errors may occasionally occur. If we discover an error in the price of goods ordered by the User, they will be informed as soon as possible and will have the option to keep the order at the correct price or proceed with its cancellation. If the User opts for cancellation and has already paid for the goods (but they have not yet been dispatched), they will be fully refunded.
The User confirms that the payment method is managed by them, among the options made available by BAGUY: multibanco, credit card, MBWay, Google Pay, and Apple Pay.
We reserve the right to await payment within 24 hours. In case the payment is unsuccessful, you will be notified via the provided email address.
If you do not want us to attempt to process the payment again, please cancel your order before processing.
We authorize the use of promotional codes strictly under the terms and conditions in which they were issued, which may include, among others, terms related to the User's eligibility to use them and a maximum order value. The User must familiarize themselves with these terms and conditions before placing an order as we reserve the right to reject or cancel any orders that do not comply with these Terms even if your credit or debit card has been charged.
If there is any inconsistency between the terms and conditions under which promotional codes were issued and these Terms, the terms and conditions of the promotional codes shall prevail. You can obtain a copy of the discount code terms and conditions through our email or telephone contact.
11. Intellectual Property
The Website content is protected by copyright, trademarks, databases, and other intellectual property rights.
The User acknowledges that the material and content provided as part of the Website will remain with us. You may search and display the Website content on a monitor, save content electronically on disk (but never on a server or any network-connected storage device), or print a copy of the content for personal, non-commercial use, always keeping all copyright and proprietary notices intact.
You may not otherwise reproduce, modify, copy, distribute, or use any of the Website's materials or content for commercial purposes.
12. Limited Liability
Supply of goods:
(a) In breach of these Terms due to our fault, we will only be liable to the User for losses suffered as a result of our breach (whether in contract, tort (including negligence), breach of statutory duties or vice versa) and that are a foreseeable consequence of our failure.
(b) Nothing in these Terms excludes or limits our liability for:
– death or injury caused by negligence;
– fraud or fraudulent conduct;
– any breach of implied obligations under applicable laws;
– defective products under consumer protection law;
– any deliberate breaches of these Terms that would enable a breach of contract; or
– any other matter for which it would be illegal to exclude or attempt to exclude the User's liability
Use of the Website:
The Website is available on an “as is” and “as available” basis without any representation or endorsement and we give no warranties, express or implied, in relation to it or its use.
The User acknowledges that we cannot guarantee or be responsible for the security or privacy of the Website or any information provided by the User. The User must bear the risk associated with using the internet.
Although we try to ensure that the material included on the Website is accurate, reliable, and of high quality, we cannot accept responsibility if this is not the case. We shall not be liable for errors or omissions or for the results obtained from the use of this information or any technical issues you may have when using the Website. If we are informed of any discrepancies on the Website, we will try to correct them as soon as possible. In particular, we disclaim any liability related to:
– incompatibility of the Website with any equipment, programs, or telecommunications connections of the User;
– technical problems, including errors or inaccuracies on the Website; and
– failure of the Website to meet the User's requirements.
To the fullest extent permitted by law, the User agrees that We shall not be liable for any consequential or incidental damages (both terms including, without limitation, loss of liquidity, loss of profits, loss of business, loss of anticipated savings, waste of resources, loss of privacy, and loss of data) or any other indirect, special, or punitive damages arising from or related to the use of the Website.
13. Severability
If any part of the Terms is deemed illegal, void, or for any other reason unenforceable, then that part shall be considered severable from these Terms and shall not affect the viability and enforcement of any remaining part of these Terms.
14. Waiver
No waiver shall be raised by Us as a waiver of any precedent or succession of breach under the terms provided.
15. Entire agreement
These Terms constitute the entire basis of any agreement between Us and the User.
16. Law and jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of Portugal, and any disputes shall be exclusively resolved by Portuguese courts.
17. Reviews
By submitting a review, the User grants us the right to publish, translate, derive, distribute, and display such content through any communication medium available to us.
The User guarantees the right to use the provided name in connection with such content if we so wish.
The User agrees to waive the right to be identified as the author of such content and to object derogatorily to this content.
Updated on October 4, 2024