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Terms & Conditions

TERMS AND CONDITIONS OF USE OF THE WEBSITE

INDEX



  1. IDENTIFICATION OF THE RESPONSIBLE FOR THE WEBSITE
    1. These Terms and Conditions of Use (hereinafter "Terms and Conditions") govern the use of the https://found4u.com/ website (hereinafter "website"), whose management is the responsibility of FOUND4U EUROPE, UNIPESSOAL LDA, a legal entity registered in Portugal, Lisbon, registered under the single registration and legal person number 517104857, with registered office at R da Manutenção, nº 67, 1900-319 Lisboa, distrito de Lisboa, concelho de Lisboa, freguesia de Beato Portugal (hereinafter also referred to as "Found4U").
    2. FOUND4U EUROPE, UNIPESSOAL LDA operates the website https://found4u.com/, a Platform for purchase and sale of products where customers can purchase products from the merchants who offer their products to buyers. The Platform also provides paid advertising services for promotion of products.
  2. OBJECT
    1. These Terms and Conditions should be read in conjunction with other Found4U policies and terms and conditions, as well as other and documents available at https://found4u.com/.
    2. The Terms and Conditions constitute an agreement between customers, users and consumers (hereinafter “Users” or “Customers”) and Found4U regarding access, navigation and use of the website, as well as an agreement between Users and Sellers with regard to the buying and selling of products through the website.
    3. Found4U provides a Platform for Sellers to sell their products and to provide information in this regard (for more information on the relationship between Found4U and Sellers, please consult the Merchant Service Agreement) to customers whether or not they are consumers under applicable law.
    4. In the same manner, Found4U makes available the same Platform to Users and Customers who wish to browse, search and buy the products offered for sale by the Sellers on the website.
    5. The Terms and Conditions apply automatically to any updates, developments, new tools and/or new website properties.
  3. USE OF THE WEBSITE
    1. Access and browsing on the website is free and does not require registration.
    2. To sell products, sellers must create a Merchant Account. The account is a functional part of the Platform that allows the Merchants to use the Platform for the purpose of advertising and selling its products.
    3. To purchase products, Users must also register on the website and create a user account. This account will allow (i) to check order statuses; (ii) Personalize your shopping; (iii) speed up the purchase process; (iv) track your order; (v) access your wish list; among others.
    4. The User, by accessing and browsing the website, expressly and unreservedly accepts the Terms and Conditions and declares, for the proper purposes, that (s)he has the legal capacity to contract and assume all obligations associated with such contracting.
    5. Acceptance and compliance with the Terms and Conditions is mandatory for any User who accesses, browses or uses the website.
    6. If you do not agree to the Terms and Conditions, you must stop using the website immediately.
    7. In order to expedite User accessibility, Found4U may include links to websites owned or managed by third parties. When using such third-party websites, you should review and accept the rules of said websites prior to using them, as well as accept that Found4U does not control the content of said websites and cannot undertake any responsibility related to them. In addition, you agree that a link to a third-party website does not mean that Found4U supports such website.
    8. Considering that the website is a Platform that provides products and services from third parties (Sellers) for sale by the third parties (Sellers) to the Users, the Users understand and recognize that when acquiring any product through the website, they will be contracting only with the respective seller and not with Found4U.
    9. All Products presented on the website are offered for sale by Sellers who are considered traders, for the purposes of applicable law.
  4. DELETION OR CANCELATION OF USER ACCOUNT
    1. Users may delete their User account at any time by selecting this option in their account settings.
    2. Found4U reserves the right to cancel the User's account. In particular, cancellation may be effected if a breach of any of the contractual obligations contained in these Terms and Conditions or a violation of applicable law is detected.
  5. AMENDMENTS TO THESE CONDITIONS
    1. Found4U reserves the right to amend these Terms and Conditions at any time. Such changes will be published on the website and, when substantial changes occur, will be communicated to the registered user of the website, via email, with due notice.
    2. In case the user does not accept the new terms, the user account should be deleted, and the use of the website after the publication of the changes will be considered as acceptance of the updated wording of the Terms and Conditions.
  6. OBLIGATIONS AND RESPONSIBILITY OF THE USER
    1. In order to be able to use the website's Online Shop and, therefore, purchase the products available for sale by the Sellers, it will be necessary to register a User account, and therefore the User must be of legal age.
    2. The User account must be created using the form provided for this purpose, in which the User must indicate all data indicated as required and define his/her access password, which must comply with the following requirements: contain at least 8 characters, at least one upper case and one lowercase letter. These requirements may be subject to changes in order to increase security.
    3. By accessing, browsing or using the website, the User undertakes not to:
      1. Use the website for purposes other than those for which the website is intended, including illegal purposes, contrary to good faith and public order.
      2. Access any section of the website, other connected systems or networks or the services offered through the website, through hacking, forgery, password extraction or any other illegitimate means.
      3. Cause damage to Found4U's physical and logical systems, its suppliers, third parties, or introduce or spread a virus into the computer network or any other physical or logical system that may cause damage.
      4. Infringe or attempt to surpass the security measures or authentication of the website or any connected network, or the security and protection measures inherent to the content offered on the website.
      5. Use the website to collect personal data from Users.
      6. Take any action that causes a disproportionate, unjustified and unnecessary saturation of the website infrastructure or to the website's network systems, as well as on the network systems connected to the website.
    4. Found4U reserves the right to suspend, modify, restrict or permanently interrupt access, browsing, use, hosting and/or downloading of the content and/or use of website services, regardless of prior notice, in relation to Users who violate any of the provisions of the Terms and Conditions, without the User being able to claim compensation for this.
    5. Users who do not comply with the Terms and Conditions will be held liable in general terms.
  7. INTELLECTUAL PROPERTY
    1. The User acknowledges and agree that all trademarks, trade names or logos, as well as any other intellectual property rights over the content and/or any other elements relating to Found4U are the exclusive property of Found4U (hereinafter "Intellectual Property").
    2. In no event does access to the website imply a waiver, license or total or partial transfer of Intellectual Property, except as expressly indicated otherwise.
    3. The Terms and Conditions do not give the User the right to use, alter, exploit, reproduce, distribute or communicate the Intellectual Property.
    4. Any other use or exploitation of any rights shall be subject to prior and express authorization granted specifically for this purpose by Found4U.
    5. The website, as a whole and as a multimedia artistic work, is protected as copyright in accordance with applicable law.
    6. It is also prohibited to remove, ignore or manipulate copyright notices or any other notices, as well as technical protection devices or any information or protection mechanisms that may contain the content.
  8. LIABILITY
    1. The parties undertake to comply with their legal and contractual obligations generated under the Terms and Conditions.
    2. Found4U will use all commercial and technical efforts at its disposal to keep its services available through the website, with the limits referred to in Clause 9 of the Terms and Conditions.
    3. If either party does not comply with any of its obligations or prevents compliance by the other party, in accordance with the Terms and Conditions, it shall respond in general terms, with the limitation provided for in the following paragraph.
    4. In any case, and to the extent permitted by law, Found4U's liability for any damages (in the form of contractual and extra-contractual liability) related to the website, is limited to cases in which it acts with intent or gross negligence, under the legal terms.
  9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
    1. The User acknowledges and accepts that Found4U does not warrant or undertake any liability, namely, but not limited to, in connection with the following:
      1. Continuity of website content.
      2. Absence of viruses and/or other harmful components on the website or server that lodges it.
      3. The invulnerability of the website and/or the unfeasibility of violation of the security measures adopted.
      4. Poor transmission and/or receipt of any data and/or information on the internet.
      5. Failure of any receiving material or lines of communication.
      6. Any dysfunction in the internet network that prevents the correct functioning of the website and/or the correct development of the services.
      7. The lack of usefulness or performance of the website.
      8. Any inconsistency between the product pictures available on the website and the actual product.
      9. For the sale of products that is carried out by the Seller.
      10. Any damages caused to the User, the Seller or to third parties by any person who violates the conditions, rules and instructions set forth on the website or through violation of its systems.
      11. Any damage caused to the User's software or computer equipment during the use of the website or that is derived from failures or disconnections in telecommunications networks, which produce suspension, cancellation or interruption during the provision of the service.
      12. Any damage to the performance of the website's services derived from false or incomplete information provided by the Customer, Seller or User.
      13. Any damages resulting from any judgment of the User as to the integrity, accuracy or existence of any advertisement or any relationship or transaction made with any advertiser, whose advertising is presented by Found4U.
      14. Any damages caused by any changes Found4U may make to the services or any permanent or temporary cessation of the provision of the services (or any features of the services).
      15. Any damage caused by the deletion, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the Services.
      16. Any damages caused by direct or indirect violation of the Terms and Conditions.
    2. No oral or written recommendation or information of Found4U shall be construed as constituting a warranty of any kind, unless expressly provided for in the Terms and Conditions.
    3. Insofar as the contract for the purchase and sale of the products offered through the Found4U website shall be entered into solely between the Seller and the User, Found4U is not liable for any inconsistency, problem, claim, to the extent provided by law or otherwise nor shall Found4U have any other influence or liability whatsoever with respect to the product sold by the Seller through the website, this being the Seller's liability.
  10. GENERAL RULES APPLICABLE TO THE SALE AND PURCHASE OF PRODUCTS TROUGHT THE WEBSITE
    1. These general conditions are an integral part of the contract for the sale and purchase of products through the website, between the Customer and the Seller/Merchant concluded through the website (hereinafter "Contract").
    2. The User acknowledges and accepts that the Contract will be concluded between the Seller and the User only, and Found4U as the entity responsible for the website is not a party to the Contract.
    3. Only persons of legal age may enter into Contracts, under general terms.
    4. In order to purchase products, Customers must register for an account on the Platform as provided in clause 3. Customers are not allowed to create several accounts on the Platform with the same data as name, email, phone number.
    5. The Platform offers wide range of products, but not all products might be available in different regions and countries. Some products may require additional documentation to purchase due to age restrictions.
    6. Besides the rights provided for in Clause 14, the Platform has comprehensive return policy. Most products can be refund within specific periods.
    7. To place an order, the Customer must correctly fill out the form presented to complete the order (with regard, in particular, to the personal data and payment information), being fully responsible for the choices made and the information made available, which must be complete, true and updated.
    8. Customer's knowledge and acceptance of the terms of the Contract are manifested through validation of the check box for this purpose in the register form, being also of the Customer's knowledge and acceptance of the Terms and Conditions of the website, Privacy Policy and Cookie Policy.
    9. The Contract for the purchase of goods is deemed to have been concluded after all the following steps have been completed:
      1. The Customer can add products to the cart and proceed to checkout.
      2. The Customer will always be able to see, before concluding the order and making the respective payment, the final price to be paid, in accordance with Clause 11.
      3. The User must confirm the order of the products added to the cart by pressing the button that indicates Procced to Checkout.
      4. The User must fill in correct shipping address and click button “Shipping” to calculate shipping cost, so the total cost of the order will be shown.
      5. The User finalizes the purchase by proceeding to the payment stage. For this purpose, the User must fill in all the payment information required and click the button “Place Order”. Any confirmed order especially implies the acceptance of the price corresponding to the Product(s) purchased.
      6. The order will only be final when the corresponding price has been paid. The User guarantees that he/she is fully entitled to use the means of payment he/she uses.
      7. The order will be placed as soon as the Customer has paid the respective price.
      8. As soon as it receives an order, the Platform will acknowledge receipt of the order by electronic means, to the e-mail address indicated or used by the Customer upon registration. This e-mail lists the amounts invoiced, quantities and description of products purchased.
      9. The User accepts that electronic order records are proof of the order and its date.
      10. The Seller confirms the conclusion of the Contract, on a durable medium, such as by e-mail, within 5 (five) days of the order being placed and at the latest on the delivery of the goods. The Platform will then send the invoice to the Customer e-mail address not later than 7 (seven) calendar days after the order was placed.
    10. Taking into account that each Seller will have their own territory of delivery, the delivery options for each product will be indicated via check-out process.
    11. The Seller will execute the order, usually, within a maximum of 30 (thirty) days, starting from the day after the conclusion of the Contract. Some products sold through the platform will be in remote stocks, for which reason the delivery period may be longer than 30 (thirty) days. However, in these cases, the delivery period will be indicated as extended before the order is placed.
    12. If the ordered good is out of stock, the Seller will inform the Customer and refund the amounts paid.
    13. The User may, at any time, check the status of the order by clicking on the link “Order” in the User profile.
    14. Any abnormal order or order placed in bad faith, any fraud or attempted fraud, any incident regarding payment of the price may result in the deletion and/or deactivation of the account of the Customer involved and/or the refusal of the order.
    15. Customers are not allowed to order products and make cancellation multiple times without any reasonable grounds.
    16. The Platform provides Customer support via chat and email communication, although direct communications with the Seller regarding the products, should be done via Platform chat.
  11. PRICES AND PAYMENTS
    1. All prices are presented in Euros (€).
    2. Found4U only accepts payment made in Euros (€).
    3. Found4U only accepts payment made by debit and credit cards. The User can choose the preferable payment method during the checkout process.
    4. For the Payments under the Platform, Found4U uses the services of Stripe Technology Europe, Limited (“STEL”). STEL is authorized as an electronic money institution by the Central Bank of Ireland (reference number: C187865) and passported throughout the EEA to issue electronic money, execute payment transactions, make money remittances, issue payment instruments and acquire payment transactions, and provide payment initiation services and Account information services. Please see http://registers.centralbank.ie/FirmDataPage.aspx?firmReferenceNumber=C187865 which confirms STEL’s regulatory position and its registration with the Bank of Portugal at https://www.bportugal.pt/entidadeautorizada/stripe-technology-europe-limited.
    5. Found4U does not accept payments from either Sellers or Users to its settlement accounts.
    6. The User ensures that he/she has the necessary authorizations to use the chosen payment method.
    7. As a rule, the prices shown on the website are per item, and may, in certain cases, be presented according to other characteristics, which, in any case, will be identified on the website.
    8. Shipping and delivery costs may vary on product availability and country or region of delivery. Customer can check the shipping cost during the checkout process. Customer should provide existing and correct shipping address. If shipment was failed due to Customer incorrect address all additional expenses of shipment will be paid by the Customer.
    9. The amount of delivery costs is calculated automatically for each order and will appear in your order summary. Therefore, when you purchase the products, you know exactly the total price in Euros (€), including any applicable taxes and fees, as well as transport, delivery, postage or other charges.
    10. Shipping and/or handling costs, which are not included in the price, will be shown before finalizing the purchase, as they may vary depending on the shipping address.
    11. Platform pricing is competitive and may fluctuate based on demand and availability. Therefore, the prices shown on the website are subject to change at any time, without any prior notice, being, in any case, the price displayed at the time of purchase the one applicable to the Customer. Some products may have additional deals and discounts.
    12. The total price of the product, including all the additional costs will be indicated before the conclusion of the order.
    13. The Customer must pay the total price indicated before the conclusion of the order to enable the order to be expedited.
  12. COMPARISON LIST
    1. The information provided in the "Comparison list" does not refer to discounts but rather to a comparison between different proposals made by different Sellers.
    2. The comparison list will show products from the categories chosen by the Customer with all the available characteristics, including prices and all the discounts that exist at the time of comparison.
  13. REVIEWS BY USERS
    1. Found4U offers a review system, through which consumers can review the products they have purchased, which will be publicly accessible on each product's page.
    2. Found4U will ensure the verification of the prior existence of a commercial transaction carried out by the consumer who wrote the review.
    3. The Seller will have the possibility to submit answers for the reviews by contacting info@found4u.com.
  14. LEGAL GUARANTEES AND RIGHT OF WITHDRAWAL FROM THE CONTRACT
    1. Where the User is a Consumer under applicable consumer law and where the User has purchased a product from a Seller who is considered a trader under UE law, through the website, the respective Seller is liable for all obligations arising from applicable consumer laws, in particular the Seller shall be liable for the whole of this section on legal guarantees and right of withdrawal.
    2. If the User is not a consumer under applicable law, the consumer rights arising from EU consumer protection law do not apply to the contract concluded, in particular those described in this Clause.
    3. If the Products purchased by the User are not in conformity with the information available on the website by the Seller, the User has the right, to the restitution of conformity, to a proportional reduction of the price or to the termination of the contract, in accordance with the applicable legislation (namely the Decree-Law no. 84/2021 of 18 October):
      1. Within 3 (three) years of the delivery of the good;
      2. In the case of goods with digital elements:
        1. Within 3 (three) years from the date on which the goods with digital elements were delivered, where the contract stipulates a single act of supply of the digital content or service or where the contract stipulates the continuous supply of the digital content or service over a period of up to 3 (three) years; or
          During the contract period, where the contract provides for the continuous supply of the digital content or service for a period of more than 3 (three) years.
    4. Without prejudice to the rights of statutory warranty provided for in the previous paragraph, the User has the right to freely withdraw from the contract, without incurring any costs, within 14 calendar days from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods, without giving any reason.
    5. In case the User exercises the right of withdrawal, the Seller will refund all payments received, including delivery costs - with the exception of additional expenses resulting from the User's choice of a different delivery method and with a higher value compared to the cheapest option offered - without any delay or inconvenience and, in any event, not later than 14 days from the date on which the Seller was informed of the decision to withdraw from the contract, or in any of the cases applied in the legislation in force, applicable to Users.
    6. In any case, the return will be made through the same means used by the Customer to make the initial payment.
    7. The costs of returning the goods, in the context of the exercise of the consumer's right of withdrawal, will be borne by the consumer himself/herself.
    8. According to the applicable legislation and taking into consideration the products sold through the website, it will not be possible to exercise the right of withdrawal after delivery if:
      1. The supply of goods was made according to the specifications required by the User, or customized.
        The supply includes goods that may deteriorate or expire their expiration date in a short period of time.
        The supply includes sealed goods that are not suitable to be returned due to health protection or hygiene reasons and that have been opened after delivery.
        The supply of goods, which after delivery and in view of their nature, have become inextricably mixed with other goods.
        The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of said publications.
        The supply of digital content that is not supplied on a tangible medium, when the execution was started, with the prior express consent of the consumer that they have lost their right of withdrawal as a result.
    9. The form for exercising the right of withdrawal will be available on the website and its use by the customer is optional. If you make use of this possibility, the Seller will without delay send you an acknowledgement of receipt of the withdrawal request on a durable medium.
    10. The User may exercise these rights or others under applicable law, by contacting the respective Seller at the contacts indicated in the vendor’s page via hyperlink that Customer can use by clicking product vendor’s name.
  15. COMMUNICATIONS
    1. Any User communications regarding the purchase of a product should be made with the respective Seller.
    2. Each Seller must provide technical support and advice to its customers on the purchased products, and maintain communication channels for support on products.
    3. The following channels will be available for communications with Sellers:
      1. “Ask a question” button: the User may use this channel to ask a question about the products before the purchase is made. This button is available in each page of the products next to the Seller’s name.
      2. “Start communication”: the User may use this channel, after the purchase is made, for communications regarding product quality or other questions. This button is available in the User account, next to the order confirmation. The Seller will reply within 24 hours.
      3. “Return or replace the product”: After the status of the order is changed for completed, the User may use this channel for the purposes indicated in clause 14.3. above. After clicking the button, the User should fill the form that will be made available, indicating the reason for the return/replacement, and must submit it. Once the Seller confirms the return of the product, the User will receive a notification by email.
  16. GENERIC PROVISIONS
    1. Rights: The Terms and Conditions do not affect your rights under the law.
    2. Prevalence: in the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions existing on the website relating to certain materials, these shall prevail.
    3. Exercise of Rights: the immediate non-exercise or non-application of rights or provisions by Found4U shall not be construed as a waiver thereof.
    4. Reduction: the invalidity, declared by final judgment, of any clause of the Terms and Conditions does not determine the invalidity of the others, Found4U reserving the right to modify the Terms and Conditions accordingly to remedy the invalidity, if applicable.
  17. APPLICABLE LAW AND COMPETENT JURISDICTION
    1. The Terms and Conditions are governed by Portuguese law.
    2. All disputes arising out of or related to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Portuguese Courts.
    3. The User may lodge a complaint via email at info@found4U.com and Found4U will redirect the complaint to the Seller who will provide the after-sale assistance.
    4. Nevertheless, the Seller will maintain communication channels for support on its products.
    5. The User who is a consumer under applicable law, may resort to the alternative consumer dispute resolution entities listed on the Consumer Portal in http://www.consumidor.pt/,where you can check in a dynamic and update manner the identification of such entities and their contacts, or to the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr/s.
    6. The User may lodge a complaint through the electronic complaint book available at https://livroreclamacoes.pt/