General Sales Conditions
This document sets out the terms and conditions to be observed in the use of the website www.lcphones.com, as well as in the process of purchasing the products marketed therein, made available to its users.
Therefore, users of the site shall carefully read the conditions and the privacy policy prior to its use, since by using the site or by placing an order, users are consenting to be bound by these conditions.
In case of disagreement with these conditions and privacy policy, users should not use the website www.lcphones.com.
These conditions may be amended freely and without prior notice in order to adapt them to the applicable legislation. As such, it is the user’s responsibility to read the Privacy Policy and the General Conditions periodically, since the provisions in force at the date of use of the site and of the conclusion of the contract (as defined herein) shall apply.
These general sales conditions are agreed between Pocinhas Sarl, a company incorporated and existing under the laws of Luxembourg, with registered office at 140, Route d’Arlon, 8008 Strassen, registered with the Luxembourg Trade and Companies Register under number B187476 and with tax identification number LU26920569, and any user wishing to make a purchase through the website www.lcphones.com.
Article 1 — Order
1 – The user may place the order through the website www.lcphones.com, by completing all mandatory fields and providing their personal data. In doing so, the user expresses their full and complete acceptance of the general sales conditions, prices and characteristics of the products covered by the order. All orders are subject to acceptance by Pocinhas Sarl.
2 – Orders are subject to stock availability. Pocinhas Sarl will inform the user of any unavailability of stock of the ordered products, or of any other cause that prevents the order from being fulfilled. In such a case, Pocinhas Sarl will reimburse the user any amounts paid.
3 – Pocinhas Sarl reserves the right, at any time, to remove any product from the website www.lcphones.com, as well as to delete or alter any material or content, accepting no liability towards the user or any third party for such fact, nor for the unavailability of the product, in the terms referred to in clause 2 of this article.
Article 2 — Execution of the Order
1 – Following confirmation of full payment of the products and shipping costs, and without prejudice to clauses 2 and 3 of Article 1, the order will be completed within 30 days.
Article 3 — Shipping costs
1 – Delivery of orders to the user’s address, or to an address indicated for that purpose, entails for the user the obligation to bear the delivery costs, depending on the amount of the products ordered and on the area.
2 – We only deliver orders within Europe.
Article 4 — Price and payment
1 – In accordance with the legislation in force, the prices set out on the website www.lcphones.com shall be understood in euros, with taxes and duties included, on the date of issue of the corresponding invoice.
2 – The applicable VAT rate shall be that in force in the Member State of the place of delivery, in accordance with the orders placed.
3 – Prices and specifications are subject to change without prior notice.
4 – Pocinhas Sarl declines any liability for any errors published on the website www.lcphones.com.
5 – In the event that the actual price of the ordered product is higher than that displayed on the website, the user will be contacted to accept or cancel the order.
6 – In the event that the actual price of the ordered product is lower than that displayed on the website www.lcphones.com, the difference between the actual amount and the amount paid will be refunded to the user.
7 – The user may use the following payment methods:
• Bank transfer
• PayPal
• Multibanco reference payment (MB Way – valid for Portugal)
• Visa / Mastercard
Article 5 — Transfer of risk
The risks of the product shall be borne by the user from the moment of delivery.
Article 6 — Right of withdrawal and Return
1 – The user may withdraw from the order, without giving any reason, within 14 days from the date of delivery of the product, with reimbursement of the amount paid.
2 – Shipping and return costs are borne by the user. Therefore, in case of cash-on-delivery shipment, Pocinhas Sarl may charge the user any expenses incurred.
3 – The right of withdrawal may be exercised by the user in any form admitted by law, being in any event validly exercised by sending the withdrawal notice.
4 – This provision does not affect the other rights granted to consumers by the legislation in force.
5 – The right of withdrawal applies exclusively to products that can be returned in the same conditions in which the user received them, in particular in the original packaging and with all documents.
6 – Following the return, Pocinhas Sarl will examine the products and check their condition. If the products have been used beyond the simple opening of the packaging, or if they show damage, no refund will be made.
7 – Liability for damage suffered by the products or for their loss during return is the sole responsibility of the user.
Article 7 — Defective products
1 – If, at the time of delivery of the product, the user considers that it is not in accordance with the order, they shall immediately contact Pocinhas Sarl.
2 – The collection of the product not in conformity with the contract conditions will be carried out by Pocinhas Sarl, which will examine the product and, if non-conformity is confirmed, will notify the user by email or telephone of the replacement of the product within a reasonable period.
3 – Replacement of the product is, however, subject to stock availability.
4 – Where replacement is not possible, the amount paid for the products, including delivery costs, will be refunded to the user.
Article 8 — Refund of amounts paid
The refund of amounts paid, in the case of exercise of the right of withdrawal and of defective products, will be made through the same means used to make the payment.
Article 9 — Exchanges
Products purchased on the website www.lcphones.com cannot be exchanged.
Article 10 — Right of free termination
1 – The user has the right to freely terminate this contract within 14 calendar days, without having to give any reason.
2 – The period for exercising the right of free termination expires 14 days from the day after the day of conclusion of the contract.
3 – In order to exercise the right of free termination, the user must notify Pocinhas Sarl, 140, Route d’Arlon, 8008 Strassen, Luxembourg, or by telephone at 0035226431226, or by email at Accounting@lcphones.com, of their decision to terminate the contract by means of an unequivocal statement sent by registered post or by email.
4 – In order to comply with the free-termination period, it is sufficient that the communication concerning the exercise of the right of free termination be sent before the end of the termination period.
Article 11 — Effects of free termination
1 – In the event of termination of this contract, the user will be reimbursed all payments made by them, including delivery costs (with the exception of supplementary costs resulting from the choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and, in any case, no later than 14 days from the date on which we are informed of their decision to terminate this contract. Refunds will be made using the same means of payment used in the initial transaction, unless the user has expressly agreed otherwise; in any case, the user will not incur any costs as a result of such reimbursement.
2 – Reimbursement may be withheld until we have received the returned goods, or until the user provides proof of their dispatch, whichever occurs first.
3 – In situations where the contract requires the return of goods:
3.1 – In the event of termination of the contract, the user shall return the goods to Pocinhas Sarl without undue delay and no later than 14 days from the day on which the user notifies us of the free termination of the contract. The deadline is deemed to be met if the user returns the goods before the expiry of the 14-day period.
3.2 – The costs of returning the goods shall be borne by the user.
3.3 – The user is only liable for any depreciation of the goods resulting from handling that goes beyond what is necessary to ascertain the nature, characteristics and functioning of the goods.
Article 12 — Liability
1 – For all stages of access to the website www.lcphones.com, as well as the order, delivery and after-sales service process, Pocinhas Sarl is bound only by an obligation of means.
2 – Pocinhas Sarl does not guarantee, nor accept liability for, any inconvenience or damage inherent in the use of the internet network, the disruption of the service, external intrusion, the presence of computer viruses or any other case of force majeure.
3 – The products will be described and presented on the website www.lcphones.com as accurately as possible. If, even so, errors occur on the website www.lcphones.com, Pocinhas Sarl accepts no liability for such fact.
4 – Without prejudice to the mandatory rights of consumers, the total liability of Pocinhas Sarl, whether contractual, extra-contractual or of any other nature, for any damages resulting from the use of the website www.lcphones.com or the purchase of products, is limited, to the maximum extent permitted by law, to the total amount actually paid by the user for the products in question, in any case excluding any liability for indirect or consequential damages, loss of opportunity, loss of profits or loss of data.
Article 13 — Processing of personal data
1 – The information or data provided by users will be processed in accordance with the Privacy Policy.
2 – By using the website www.lcphones.com, the user consents to the processing of the information and data referred to in the preceding paragraph and declares that all the information they provide is true and corresponds to reality.
3 – Personal data will be used by Pocinhas Sarl for information, dissemination and order-processing actions.
4 – The user is guaranteed the right to access, rectify, alter or delete their personal data, simply by sending an email to Accounting@lcphones.com.
5 – Notwithstanding the fact that Pocinhas Sarl carries out the collection and processing of data in a secure manner that prevents loss or manipulation, using the most advanced techniques for that purpose, we inform you that collection over an open network allows the circulation of personal data without security conditions, with the risk of being viewed and used by unauthorised third parties.
Article 14 — Viruses, hacking and other computer attacks
Pocinhas Sarl shall not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or damaging program or material that may affect the user’s computer, computer or electronic equipment, data or materials as a result of the use of the website www.lcphones.com, or the downloading of content from it, or from the contents to which it redirects.
Article 15 — Intellectual property
1 – All elements, whether audio or visual, of the website www.lcphones.com, including the underlying technology, are protected by copyright, trademark or patent rights.
2 – Any user who has a personal website and wishes to place, for personal use, on their site a simple direct link to the page www.lcphones.com must mandatorily request prior authorisation from the company Pocinhas Sarl. The authorisation is only valid if granted in writing.
3 – Any link or hypertext directed to the website www.lcphones.com using framing or in-line linking techniques is formally prohibited.
4 – In all cases, the use of any link, including those referred to in clauses 2 and 3 above, even if authorised, must be removed at the simple request of the company Pocinhas Sarl.
Article 16 — Entire agreement
These general sales conditions constitute the entire agreement between Pocinhas Sarl and the user. Should any of the clauses of these conditions become null or void by virtue of any legislative or regulatory change, or by court ruling, it shall be deemed not to have been written.
Article 17 — Unilateral amendment of these conditions
1 – These conditions may be amended at any time. The user is subject to the policies and conditions in force at the time they are using the website www.lcphones.com or formalising their order, except where, by law or decision of governmental bodies, retroactive changes are made.
2 – In the case provided for in the second part of the preceding paragraph, the changes will also affect orders that the user has formalised under the conditions subject to amendment.
Article 18 — Applicable law and Jurisdiction
These conditions are governed by the laws of Luxembourg, without prejudice to the application of the mandatory consumer-protection rules of the Member State of the user’s residence, where applicable. Any dispute arising from these conditions shall be submitted to the competent courts of Luxembourg, without prejudice to the rights enjoyed by the user as a consumer under the applicable mandatory legislation.
