Terms and Conditions

  • 1. Introduction

    This document regulates the terms and conditions for the use of this website as well as your access to our online store. It establishes an agreement between Mellmak (referred to in these terms as “we”, “our” and “Mellmak”) and you (referred to as User).

    These terms and conditions apply to all sales made to you via this website. By placing an order you are deemed to have accepted these terms and conditions. Please read and familiarize yourself with them. They determine all the rights and obligation of all Mellmak´s users concerning all the goods and services provided by this website or any other with a Mellmak link.
    Before you click in “Confirm your Order” at the end of your operation you should read these terms thoroughly. If you don´t fully agree with them you shouldn´t place your order.

    We reserve the right to alter, without notice, the range of products, prices of products and terms and conditions of sale before you place an order. Therefore you should always read them before placing a new order.

    Any queries or enquiries should be addressed to our website or to our email form.
    Nuno Forte Unipessoal Ltd represents the Mellmak brand. Mellmak is a Portuguese society registered under the number 508338492 located in Parque Industrial de Ruães, Pavilion 1 – Mire de Tibães, Braga, Portugal. Our VAT number is PT 508338492.

  • 2. Use of this Website

    These terms are the only applicable conditions to the use of this website and prevail over any other conditions, except if there is a previous written agreement made by the Sales Company. These terms are important for both parts because they are written to protect the user´s rights as well as our rights as a Sales Company and establish a legal agreement between the parts.
    Your access to and use of the services is conditioned on your acceptance of and compliance with these terms. By accessing or using the services you agree to be bound by these Terms.

    By placing an order through our site, you warrant that:

    - You can only use this website for legitimate consultations or orders;
    - You will not place any order of fraudulent, false or speculative nature. In this situation we reserve ourselves the right to refuse the transaction and inform the proper authorities.
    - You will be obliged to indicate an email address, postal address and all the necessary contact correct and complete information and accept that the Sales Company has the right to contact you 
    whenever feels necessary.
    - If you do not provide all the necessary information it will not be possible to do the transaction.
    - When you place an order through our website you must be at least 18 years old and legally capable of forming a binding contract.

  • 3. Our Contract with You

    The information in these Terms does not constitute a sales proposal but a mere invitation to negotiation. No contract will be established between the Sales Company and the User without the order being accepted first (regardless of being made a debit in the user´s account). If by any reason the order is not accepted after the debit has been made in the user´s account, the full amount will be refunded.
    To place an order you should follow the online purchase process and in “Order Confirmation”.
    You will then receive an email from us acknowledging that we have received you order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to a product or products advertised by us.
    All orders are subject to acceptance by us and we will confirm such acceptance to you by sending an email confirming that the product(s) has/have been dispatched (the “Shipping Confirmation”). The contract between you and us the “Contract”) is only formed when we send you the “Shipping Confirmation”.
    The contract will relate only to those products whose dispatch we have confirmed in the “Shipping Confirmation”. We will not be obliged to supply any other products which may have been part of your order, unless you proceed to do another order for those products, and they are object of another shipping confirmation.

  • 4. Product Availability

    Any order is subject to the products availability and in case of shortage or supplying impossibility, the Sales Company has the right to inform the user about other alternative products, of the same quality and of equal or higher price, which the user may instead order.
    In case the user has no interest in the suggested alternative products the full amount paid will be refunded.

  • 5. Order Refusal

    While we endeavour to ensure that the information in this website is correct we do not warrant the accuracy and completeness of the material on this website. 
    We may make changes to the material on this website, or to the services provided on it, at any time without notice. The material on this website may be out of date and we make no commitment to update such material.
    We will not be responsible for the refusal of concluding the process or accepting any order that had already been confirmed in the “Order Confirmation”.

  • 6. Your right to cancel the Contract – “Cooling Off”

    When the user becomes a consumer he has the right to cancel the contract at any time within 15 days after the day he received the product. In this case the consumer will receive the full refund of the price paid for the product(s), according to the Refund Conditions (see clause 12. bellow).
    Please check the Refund Conditions to proceed to the product devolution. The customer will only receive a full refund if the products are received in the same conditions we sent them. The customer must return the product(s) immediately, in the same conditions he received it/them. He must also return all the instructions, documents and packaging material. If a product is damaged or has any sign of having been used the customer will not be refunded.
    Please handle the products carefully and keep all the boxes, instructions, documents and other packaging material, so that you can return them if necessary. For further information go to clause 12. in theses Terms.
    This condition does not affect your statutory rights.

  • 7. Delivery

    On the condition that there is a product availability (see clause 4. above), the Sales Company will do its best to, except for unexpected circumstances, fulfill the order according to the delivery date set out in the “Shipping Confirmation” or, of no delivery date is specified, within 15 days after the date of the “Order Confirmation”.
    Possible delay reasons include:
    Specialized products
    Unexpected circumstances
    Area of delivery
    If, for any reason, the Sales Company doesn´t deliver the order on time, the user has the option to maintain the order with an extended delivery date or cancel the contract, therefore receiving a full refund. The user should take into account that, in any case, no deliveries are made on Saturdays and Sundays.
    In these Terms, a delivery is considered done or a product is considered delivered when the delivery receipt is signed at the indicated address.
    The shipping cost is free in Continental Portugal in purchases of 39.90€ or more.

  • 8. Undeliverable Products

    If the Sales Company cannot proceed to deliver the product at the first time, diligences will be made to find a safe place to leave the parcel. There will be left a note explaining the product location and how can the customer get it.
    In case the parcel is delivered in a pick-up delivery place the parcel will remain there for 10 days. After this period the parcel will be returned to Mellmak and we will try to contact the buyer once more. The buyer will then be responsible for the shipping costs.

  • 9. Risks and Title

    The products will be at your risk from the time of delivery to you.
    The user will have the title of the products as soon as the Sales Company receives the full payment due to the product, including shipping costs or after delivery, according to what happens last.

  • 10. Price and Payment

    Except for an obvious mistake, the price payable for the products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. 
    Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. If we verify that the price of a product is incorrect we will notify the customer as soon as possible and he will be given the option to choose between the order at the correct price or proceed to the cancellation. In case we are not able to contact the customer, the order will be cancelled and the user will receive the full refund, if it is already paid for.
    We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a “Dispatch Confirmation”, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.
    Prices advertised on this website include VAT (if applicable) but exclude delivery charges. These are shown separately when placing an order and will be added to the final price.
    We reserve ourselves the right to refuse orders of great value or number.
    All the prices and available quantities may change at any moment and, except for the above mentioned, this will not affect orders whose “Dispatch Confirmation” has already been sent.
    As soon as the user finishes the shopping, all the products will be inserted in the shopping basket and the next step will be the checkout and payment procedures.

    Payment Procedure:
    Click on “View Shopping Basket” at the top of the page.
    Click on “Go to Checkout”.
    Fill in and confirm the information concerning your contacts, order, billing address, shipping address, transport and payment option.
    Click on “Order Confirmation”.
    Proceed to payment.
    We accept payments with Visa, Maestro, American Express and Discover. We also accept an ATM reference, using a bank slip in Brazil, via Payshop and PayPal account. The Sales Company uses the PayPal Business Services and HI-MEDIA PORTE MONNAIE ÉLECTRONIQUE SA   to process all payments. You may check theses companies sites so that you get to know their services: htts://www.hipay.com and htts://www.paypal.com.
    By placing an online order you are confirming that the credit/debit card being used or the PayPal account is yours. The authorized amount will be debited in that moment.
    All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of you payment card refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery and may not celebrate the contract with the user.

  • 11. VAT

    According to the norms and regulations, all the purchases made through this website are subjected to VAT.
    All prices are inclusive of VAT (if applicable) at the current date, either for an individual customer or company.

  • 12. Return Policy

    General Rule for Returns
    If a user wishes to return a product he/she should do it by entering his/her Customer Area and select the parcel that contains the item mentioning the product to be returned and the reasons to do so. The customer should also choose the refund method, either through a Mellmak voucher or the full amount refund (in this case the NIB/IBAN number is required). The customer should also indicate the day he/she wishes the return to be made (at least 24h after informing us about the return intention). The return will only be made on working days.
    You will be responsible for returning the item to us in its original conditions and all postal costs or other costs incurred when returning the product (4€ for Continental Portugal and 5€ for Spain). If you choose to be refunded through a Mellmak voucher the return costs will not be deducted in the first devolution of the same order.
    If the order is placed as a guest this procedure should be done using the link sent to you via email.
    The user should return the product in the same parcel used in the first delivery and if possible, return all the boxes, instructions, documents and original package materials.
    On receiving your return the next step is for us to check the item(s). Any damaged product which is not in the same conditions as it was sent or presents any signs of having been used besides from the normal package opening, will not be refunded.

    Return Cancellation
    The user may exercise the legal right to change his/her mind and cancel an order. In this case you have 15 days to cancel from the day after you received your order, without being asked for any justification (unless the order was made for specific or personalized products).

    Faulty Goods Return 
    If you return the product because you are claiming that it is defective or is not according to the conditions previewed in the contract, you should access your Customer Area and select the order that refers to this item, indicating the product to be returned and the reasons for doing so. The Sales Company will then set a date for the devolution.
    The Sales Company will then check the returned product and inform the user about the right of replacement or refund (if this is the case), via email and in reasonable time.
    If you return items in accordance with the terms of our Returns Policy, we will process the refund due to you as soon as possible and, in any case, within 30 days after receiving the confirmation, via email, that you are entitled to the refund or replacement of the faulty product. The faulty items will be fully refunded should the fault be confirmed. The refund will always be done using the same payment method you used to purchase the product.

    Advices for a more efficient service
    The items should always be returned within 15 days, in perfect conditions.
    The items should always be returned in the plastic package (do not separate the items).
    You should always return the invoice duplicate with the returned items.

    Bank Transfer Refunds
    To receive your refund through a bank transfer please indicate you NIB/IBAN number in your Customer Area when setting the date to pick up the product.
    The bank transfer will be made within 30 working days after the date of the devolution. In case the NIB/IBAN number is not provided the refund will automatically be made through a voucher to be used in your next purchase in our Mellmak online store.

  • 13. Privacy Policy

    The Sales Company respects your privacy. We will use your personal information in accordance with the Privacy Policy and applicable current data protect laws.
    Any information collected by us will be maintained confidential and will not be sold, given to or reused by thirds without your permission. Any information will be carefully treated and used only with the purpose of proceeding to your order and improve our website efficiency. Please view our complete Privacy Policy.

  • 14. Exclusion and Limitation of Liability

    Our liability for any product purchased through this site is strictly limited to the purchase price of the product.
    Nothing in these Terms shall limit or exclude the Sales Company responsibility in case of:
    Any death or personal injury resulting from your negligence.
    Fraud or fraudulent misrepresentation.
    Any implied terms as to title which cannot be excluded or limited by law or any liability that cannot be excluded by law.
    To the fullest extent permitted by applicable laws we exclude and disclaim liability for any losses and expenses of direct, indirect, general, special, punitive, incidental or consequential damages by:
    Loss relating to any business of yours.
    Loss of income, profit or anticipated savings.
    Loss of results or contracts.
    Loss of opportunity and revenue.
    Loss of data.
    Loss of time management or office hours.

    The use of Mellmakis at your sole risk. To the full extent permissible by applicable law, Mellmak does not warrant that its website will be uninterrupted or error-free, nor we make any warranty as to the results that may be obtained from the use of Mellmak, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided. This site is provided by Mellmak on an as "as is" and "as available" basis. To the full extent permissible by applicable law, Mellmak makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. Mellmak reserves the right to change any advertised price before accepting an order. All products are subject to availability and may be withdrawn at any time. If we are unable to fulfill your order, you will be offered an alternative or given a refund for the unavailable product.
    This condition does not affect your statutory rights.

  • 15. Intellectual Property

    No permission is given by us in respect of the reproduction or use for commercial or detrimental purposes of any brand names, product names, designs and other material shown on or connected with our website in which intellectual property rights subsist.
    The user acknowledges and accepts the copyright protection of Mellmak registered brand or those of the commercial brands and other intellectual property rights, concerning all the material and contents included in our website which are property of Mellmak and its licensers.
    You are responsible for the use of our services within the limits authorized by the Sales Company and its licensers. This excludes the user´s right to use our website to obtain a copy of an order or of the Terms and Conditions of the Contract.

  • 16. Written Communications

    Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

  • 17. Notices

    All notices given by you to us must be given to us through our electronic email. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

  • 18.Assignment of Rights and Obligations

    The contract between you and us is binding on you and us and on our respective successors and assigns.
    You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
    This condition does not affect your statutory rights.

  • 19. Events Outside our Control

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    Strikes, lock-outs or other industrial action.
    Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
    Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    Impossibility of the use of public or private telecommunications networks.
    The acts, decrees, legislation, regulations or restrictions of any government.
    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

  • 20. Waiver

    If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
    A waiver by us of any default shall not constitute a waiver of any subsequent default.
    No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17.above.

  • 21. Severability

    If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  • 22. Entire Agreement

    These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
    Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

  • 23. Our Right to vary these Terms and Conditions

    We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
    You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

  • 24. Law and Jurisdiction

    These terms and conditions are to be construed in accordance with the laws of Portugal and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the Portuguese Courts.
    This condition does not affect your statutory rights.

  • 25. Comments

    The Sales Company appreciates all the user´s comments and opinions. Please send them via our email form.

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