1. Identification of the holder and general information
These Terms and Conditions govern access to and use of the website www.hopiness-store.com (hereinafter referred to as the Website), owned by Hopiness Lda, with NIPC: 516682709, and with a store (if there is a physical store) in the morada_loja, as well as the conditions of sale of the services and products offered by Hopiness Lda on its Website.
As a user of Hopiness Lda you must fully accept these terms of use, as well as the different modifications and/or additional legal texts that Hopiness Lda may include in the future.
2. User Data and Conduct on the Website
In order to purchase the products offered through the Website, users may choose between:
- Register in advance: the user can register by filling out the registration form that is at the top of the site of this site or during the purchase completion, signaling the option for account creation. The data required for registration (email and password) are requested in order to be able to process the orders and keep the user informed about the process of the same.
- Buy without registering: You can make a purchase without identifying yourself in advance. During the purchase process, the user must provide Hopiness Ldaos with the billing and shipping data necessary to bring the order to him/ her.
You must prove that your data is correct and complete and inform Hopiness Lda when there is any change or modification to the information you have provided in the purchase process.
You may not use your information on the Site for fraudulent purposes or in connection with criminal offenses or unlawful activities of any kind.
It is also forbidden to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or that assumes a violation of copyright, trademarks or confidentiality, privacy or any other right, or in any way reviled or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising, chain emails or any other type of “spam” and, in general, any kind of unnecessary disease or inconvenience.
The user undertakes to make lawful, diligent, honest and correct use of all information and content that he/she has access to through the Website and all of it in accordance with the principles of good faith and with respect at all times by the legality in force.
Likewise, the user undertakes not to cause either malicious or intentionally damage or damage that may be little, to alter the Website, as well as not to introduce, nor to disseminate computer viruses that may produce unauthorized changes in the contents or systems that are part of the Website.
3. Orders and conditions of sale
Hopiness Lda admits orders to Portugal (including the islands) and Spain (excluding Islands and regions of Ceuta, Melilla and Gibraltar) European Union and other world. The different destinations are subject to the shipping conditions set out on the Website.
In no event will Hopiness Lda intentionally sell more units than it has. In case the product is not available after the order is placed, the user will be informed by email or telephone, offering the possibility to postpone delivery, exchange the product for a similar one or return the amount paid.
4. Prices
All prices for products indicated through the Website are expressed in euro and include VAT and other taxes that may correspond.
5. Payment Methods
Payments are always made in euros, even when prices are shown in other currencies. Some bank entities may charge exchange rates. Hopiness Lda is totally unto this fact and assumes no responsibility for it.
Once the order has been formalized, i.e. after acceptance of these Terms and Conditions and after payment of the order, Hopiness Lda will always send an email to the user confirming the details of the purchase made and the corresponding purchase note. The order will only be shipped after Hopiness Lda receives confirmation that the payment has been finalized.
To pay for your order, in the payment area of the Order Completion page, you can select the payment method that you best see:
5.1 MB WAY
When you select this payment method, during checkout you will be asked for your phone number so that, after finalizing, you can confirm the payment in the following minutes.
You have 5 minutes to make the payment. We will be automatically notified after your payment.
5.2 ATM reference (MB)
In the order process you can select payment via ATM, which will generate a reference for payment. We will be automatically notified after your payment.
ATM payments can be made through the ATM Network or through your Homebanking. When you complete your order, an ATM reference will be automatically generated. You will receive this reference in the order confirmation email and is also available in your customer account if you have registered account on the Hopiness Lda website.
To make the payment at an ATM, you must select the “Payment of Services/Purchases” option and enter the corresponding entity, reference and value.
Your order products are booked for 24 hours. If Hopiness Lda does not receive payment for the order during this period, the order will be cancelled.
5.3 Bank Transfer
You can choose to pay by bank transfer. The elements required to make the transfer are:
Bank Name: Millenium BCP
Holder: Hopiness Lda
IBAN: PT50 0033 0000 4565 7190 83405
SWIFT BIC: BCOMPTPL
We suggest that, if possible, put in the description of the movement, the order number. The costs of the transfer order will be the responsibility of the customer.
Before Hopiness Lda processes your order, you will need to receive the payment and confirm it with the bank. To ensure that your order is not delayed, please indicate your name, Order Number along with payment information. Your Order Number can be found in the Order Confirmation email.
Your order products are booked for 24 hours. If Hopiness Lda does not receive payment for the order during this period, the order will be cancelled.
5.4 Credit Card
The user must pay the amount corresponding to his/her order by credit or debit card (Visa, Mastercard). We will be automatically notified after your payment.
The payment by credit card is processed by the Stripe payment portal, which guarantees the total security of the transaction, deprecating the respective transaction by connection encrypted by SSL security certificate installed on our server.
5.5 Paypal
In the ordering process when selecting this method should indicate when requested the data (email and password) and the order will be immediately considered “In processing”. It is not necessary to send proof of payment.
Payment by Paypal is a safe method used worldwide. For more information about this payment method, please visit www.paypal.com.
The transaction is made on the PayPal servers, so Hopiness Lda does not save the transaction data.
Alternatively, if you don’t PayPal account, you can also use it to pay by credit card without having to register a PayPal.
5.6 Klarna
See about this payment method on the page: https://hopiness-store.com/installment-payment/.
6. Information on Hopiness Lda products and services
The data included on the Website in product descriptions are based on information provided by suppliers and have a purely informative function.
For this reason, Hopiness Lda disclaims any responsibility for the appearance of errors in this information, although it undertakes to take all measures in its power to correct such errors or omissions as soon as possible after being informed of them.
6.1 Product characteristics
The characteristics of the products are mentioned on the page referring to each with the best-selling color combinations. For other combinations of features, please contact us for more information. Product images are correct unless error.
6.2 Sizes and colors
The photographs are made with quality, with the aim of reproducing in detail each of the products. However, there may be a slight fluctuation in tones and differences in products where the raw material itself and its manufacturing process influence the final result and in some cases may not correspond 100% to reality.
For more specific cases and in case of doubt, we advise you to check all information before ordering, you can also contact us first, since returns for technical reasons will be the customer’s sole responsibility.
7. Deadlines, delivery locations and lost
7.1. Product delivery
Hopiness Lda undertakes to deliver the product in perfect condition to the address indicated by the user. In order to optimize delivery, we thank the user for indicating an address at which the order can be delivered within the normal working period.
To avoid incidences in delivery (wrong addresses, inability to contact someone at the address, etc…), it is essential to fill out the respective form correctly, being mandatory to fill in the field corresponding to the contact phone (recommended that it is a mobile phone).
Hopiness Lda will not be liable for delivery errors when they are due to the fact that the address entered in the form by the user does not fit reality, is false or has been omitted.
Without prejudice to the foregoing, Hopiness Lda undertakes to take the measures within its power so that the delivery of orders can take place within the agreed time or, if not possible, so that it is carried out as soon as possible.
7.2 Shipping costs, delivery time and notification
Hopiness Lda ship your orders to mainland Portugal and islands, Spain (excluding Islands and regions of Ceuta, Melilla and Gibraltar) and other European Union countries, and the rest of the world providing different delivery services for each zone.
Delivery times are variable, please add a product to the cart to check for your delivery address, what the expected delivery times are..
In case of stock breakage, impossibility of meeting the characteristics of the product by the customer chosen or wrong product image, Hopiness Lda undertakes to refund the entire amount of the order if it does not wish to wait for the product to be replaced or change the order.
All orders placed on our website will have as a maximum delivery time 30 days. If at the end of this period we are not able to deliver the order, if the customer wants, the amount paid by the customer will be returned to the NIB that he indicates.
The customer by accepting these terms and conditions waives the right to receive the corresponding double sign.
Except for these conditions, all Promotion products, which are limited to existing stock, and their characteristics are unique.
Delivery times are estimated and count after payment is made, where you receive the email informing that your order is in processing. For example, if you have made your purchase by bank transfer or ATM, the delivery time of the product will start from the business day following the confirmation of entry of the order value into the Hopiness Lda account.
Notwithstanding the foregoing, it is informed to customers that the stipulated delivery dates will be estimated.
Hopiness Lda informs that it will not be possible to send orders to post offices.
Hopiness Lda will not deliver or ship on Saturdays and Sundays, nor on national or municipal holidays.
7.3 Shipping Costs
The cost is calculated according to the total weight of the order, the delivery service and the place of shipment. You can find our shipping cost guide on our shipping costs page.
To know for sure the shipping cost for the products you want to buy and place of delivery, add the respective products you want to the cart. On the Cart page or on the Finish of Purchase page, you will be shown the shipping cost after filling out your address.
Free Shipping
We offer free shipping depending on certain conditions. You can find more information about free shipping on the page with our shipping costs guide.
7.4 Forms of Delivery
Hopiness Lda works with logistics partner CTT Express, MRW and DHL to deliver your orders.
Hopiness Lda chooses the most suitable logistics partner for the user’s delivery address.
Hopiness Lda is not responsible for any delays that are the responsibility of the carrier.
7.5 Due diligence in delivery
The user must check the good condition of the order. In case you are not in good condition, it is important to have photos for your evaluation and subsequent complaint.
If the customer notices any anomaly in the product, they must indicate it on the delivery receipt and report it to Hopiness Lda via email: info@hopiness.pt.
8. Returns and right of withdrawal
8.1. Returns for manufacturing defects
All products offered through the Website will be completely original unless otherwise stated in the description. They all have a 2-year warranty period from receipt of the product. This warranty will be provided by supplier.
Taking into account that the Website markets products which have a life/use period typically less than 2 years, it shall be understood, unless proven otherwise, that the products are in accordance with the contract whenever they comply with all the requirements mentioned below: (a) are in accordance with the description made by the seller and have the product characteristics presented by the seller to the user in the form of a model sample; (b) are suitable for the use for which products of the same type are intended; (c) present the usual quality and characteristics of a product of the same type that the consumer and user can well expect, according to the nature of the product.
Defects or imperfections arising from incorrect use or handling of the material or wear and tear caused by the use of the material are not included in this warranty. The minguas in the functionality of the articles, due to the limitations of their design, are also excluded from the coverage of this warranty.
During the warranty period, you may return to Hopiness Lda at no cost except for the possible cost of making the item, any product that is defective in manufacture, to be returned to Hopiness Lda. To formalize the return, the user must contact Hopiness Lda, through email info@hopiness.pt, indicating the product or products subject to the return, detailed information of the defects found in them and attaching the photograph. Upon receiving this communication, hopiness lda’s customer service team will manage the collection of the defective product for shipment to our facilities at no cost to the user.
In the event of a defective product, Hopiness Lda will, as necessary, repair, replace, reduce the contract, actions that will be free of charge to the customer. The customer must inform the seller of the lack of conformity within two months of being aware of it.
Each product to be returned must be unused and with all labels, packaging and, if applicable, documentation and original accessory elements that came with it. If this is not the case on your part, Hopiness Lda reserves the right to refuse the return.
Once the product has been received, Hopiness Lda will return the corresponding paid amounts as soon as possible and, in any case, within fourteen (14) days following receipt of the product at hopiness lda’s premises.
8.2. Free Contract Right
The customer has a period of 14 consecutive days, from the date of delivery of the goods, to proceed with the return of his order, and without the need to indicate the reason, in accordance with the provisions of article 11 of DL No. 24/2014 of February 14, being the responsibility of the Customer the direct cost of the exchange or return requested.
Products that are produced in accordance with customer specifications or manifestly customized are excluded from the Right of Free Resolving. Please contact us if you have questions and want to be sure before making the purchase.
In order to exercise your right, you must communicate by e-mail info@hopiness.pt, communicating your decision to resolve this contract by means of an unequivocal statement. We will not accept any items addressed to us without prior contact.
We will refund the amount paid for the item by the customer’s preferred method (such as bank transfer, MBway or other).
8.3. Dislocations, Exchanges and Returns
Exchanges or returns of customized items are not accepted according to customer specifications. Please contact us if you have questions and want to be sure before making the purchase.
If the user wishes to make an exchange or a return, he must send an email to demonstrate this will.
Upon receipt of this communication, the info@hopiness-store.com customer service team will communicate to you your order number and the way to proceed to carry out the exchange or return.
In case of return the products must be sent to:
Hopiness Lda
Rua dos Junqueiros nº6
Gibraltar
2560-122 Torres Vedras
Alternatively, the user can send an email to info@hopiness-store.com so that the customer service team of Hopiness Lda can manage the exchange or return as soon as possible.
Each product to be returned must be in perfect condition, without having been used and with all labels, packaging and, if applicable, documentation and original accessory elements that came with it. If this is not the case on your part, Hopiness Lda reserves the right to refuse the return.
Once the product has been received, Hopiness Lda will refund the corresponding amounts paid as soon as possible and, in any event, within fourteen (14) days of receipt of the product to hopiness lda facilities.
9. Intellectual and industrial property
All rights in the content, design and source code of this Website, and in particular of an enunciative but not limited nature, to photographs, images, texts, logos, designs, trade marks, trade names, data which are included in the Website and any other intellectual and industrial property rights, are the property of Hopiness Lda, to whom the exclusive exercise of the rights of exploitation of the same corresponds, or, if applicable, Hopiness Lda has a license or authorization by the authors, and are protected by Portuguese law, under the Copyright and Related Rights Code, the Industrial Property Code and other applicable laws, as well as international treaties, copyrights or trademarks.
Hopiness Lda does not grant any license or authorization to use any class on your intellectual and industrial property rights or any other property or right related to the Website, and in no event will it be understood that your access and browsing implies a waiver, transmission, license or assignment of all or partial of such rights by Hopiness Lda.
Any use of such previously unauthorized content by Hopiness Lda will be considered a serious breach of intellectual or industrial property rights and will give rise to legally established responsibilities.
10. Responsibility
Hopiness Lda makes no warranty or becomes liable in any event for damages or losses of any nature that may arise from access to or use of the products or contents of the Website. Among others, and for an enunciative but not limited point, Hopiness Lda is not responsible for the following consequences:
Of the loss, damage, retention or delay in the delivery of the order by fortuitous causes, force greater force or by acts attributed to the user.
The lack of availability, maintenance and effective operation of the Website and/or services or content, excluding, to the maximum extent permitted by current law, any liability for damages of any nature that may be due to the lack of availability or continuity of the operation of the Website, such as errors or delays in accessing the Website by the user at the time of entering his data in the order form, the slowness or inability of receipt by the recipients of the order confirmation or any anomaly that may arise and that is unrelated to the good faith of Hopiness Lda.
The lack of usefulness of the Website or the contents for any service.
The content of other websites to which links placed on the Website may be addressed.
The existence of viruses, malicious or harmful programs on the Website.
From the unlawful, negligent, fraudulent use, contrary to these Terms and Conditions or in good faith, the Website or its contents, by users, including any infringement of the intellectual and/or industrial property rights of Hopiness Lda or to third parties.
In any case, Hopiness Lda is committed to solving the problems that may arise and to offer all the necessary support to the user to reach a quick and satisfactory solution of the incidence. Hopiness Lda’s liability in connection with any claim shall be limited in any way to the refund of the sum paid by the user for the purchase of the product or contracting the service. To this end, and to the broadest extent permitted by applicable law, Hopiness Lda shall not assume any liability for indirect damages, and in particular for any loss, damage, claim, liability, expense, penalty, emerging damage, outgoing profit or other concept, whatever or independently of when it has been produced.
11. Opinions and comments
Users may participate in the Website with comments, where the content thereof is not unlawful, inappropriate, obscene, abusive, threatening, false, defamatory, invable the privacy of third parties, infringes intellectual property rights or where it is not injurious or otherwise objectionable to third parties and does not contain computer viruses, political propaganda, advertising content, chain emails, massive sending of emails or any other type of “spam”.
Hopiness Lda may withdraw from its Website comments that infringe the rights of Hopiness Lda or third parties, as well as these Terms and Conditions.
12. Modifications
The information that appears on the Website is that in force at the date of its last update. Hopiness Lda reserves the right to update, modify or delete the information on this Website, as well as these Terms and Conditions, the privacy policy or any other information. The entry into force of the modifications to the Terms and Conditions will take place from the moment of their publication on the Website.
13. General Information
How can I get information about a product?
If you have any questions about the products, need recommendation or help related to our website, do not hesitate to contact us through the following channels.
E-mail: info@hopiness.pt
Facebook: @hopinesswim
Instagram: @hopiness.store
Our team will reply to you within a maximum of 48 hours. In the case of a technical recommendation, response times may be longer.
Do I have to register as a customer to place an order?
It is not necessary to register as a customer to place an order in our online store. However, in order to enjoy all the benefits of ordering from our online store, we recommend that you register.
I forgot my password.
To recover the password for your customer account, you can request a new password via the recovery link of the login/registration page.
I did not receive the confirmation email for my order.
If you have not received your order confirmation email from our online store, we recommend that you check the SPAM/Junk folder in your email box.
If you find that you have not received your order confirmation email within 1hour, please contact our customer support team to verify that the order has been correctly registered on our system, or if there may have been an error, such as failure on our servers or error in entering your email address.
I placed an order, how should I proceed to cancel it?
You can do this by phone or email in order to request the cancellation of the order. Noting that:
If you have made payment by methods with processing fees (PayPal, Credit Card, MB Way and ATM Reference), the return of the amount paid will exclude these respective processing fees.
I have a question that is not on this list.
If you have specific questions you would like to see clarified, please contact us by email: info@hopiness.pt.
14. Nullity and effectiveness of the clauses
If any provision included in these Terms and Conditions is declared, in whole or in part, void or ineffective, such nullity or ineffectiveness shall affect only that provision or part thereof that is deemed null or ineffective, with the remainder of the clauses remaining and leaving no effect to such clause, or part thereof affected.
15. Applicable law
The Terms and Conditions presented applies to Portuguese law, governed by the District of Lisbon Norte, and any other forum is rejected.