Terms and Conditions

1. DOMAIN AND WEBSITE OWNERSHIP

The Website www.couto.pt, hereinafter referred to as “Website” or “Website Couto”is registered under the “Regulation for the registration of domains/subdomains of .PT”, is domiciled in Portugal and is owned by: COUTO, S.A.. (COUTO) Largo da Utic, 100 – H2 4430-246 V. N. Gaia, Portugal NIPC – PT 500079757 – Company registed at C.R.C. – V. N. de Gaia – Capital Stock – 99 800,00 €.

The Site is intended for the private use of Users only.

The reproduction, transfer, distribution or storage of the contents of the Site for purposes other than strictly private use is prohibited, except in the case of prior written consent from Couto, S.A.

It is expressly forbidden to use links to the Site for commercial purposes without prior authorization from COUTO, S.A., as well as for abusive purposes. In case of commercial or abusive use of the Website, COUTO, S.A. may resort to the legal means necessary to protect its rights.

In the event that Users find links in other websites that allow them to access the Website, we inform you that COUTO, S.A. has no responsibility for such remission, nor for the contents contained in such websites.

2. OBJECT AND SCOPE OF APPLICATION

These General Conditions of Contract and Use (“Terms and Conditions”) apply to visitors to the Site, users who register with the Site, and customers, who carry out any transactions of a commercial nature through the above mentioned COUTO online store, available in the “SHOP” area.

Commercial transactions will only be permitted to persons of legal age and legally capable of entering into binding contracts.

Visitors and Clients may henceforth be jointly designated as “Users”.

Navigation in the Site, registration as a User, as well as the purchase of any product in this COUTO online store, implies knowledge and acceptance of these General Conditions by the Users.

The purpose of these conditions is to define the modalities of sale between COUTO and the Customer, through registration, order, payment and delivery.

COUTO reserves the right to change these General Conditions without prior notice, and any changes to them will be published on the Site, where any User has free access.

The continued use of the Site, after the publication of the changes, is equivalent to the agreement of the Client, who will be legally bound by these terms and conditions.

Once the Customer’s order is confirmed, no changes will be made to the terms and conditions that apply to that order.

The goods purchased are not intended for trade or resale.

3. INFORMATION ABOUT WEBSITE CONTENTS

COUTO reserves the right to modify at any time the information and commercial offer presented on: products, prices, promotions, commercial conditions and services.

Every effort will be made so that the information presented is free of typographical errors and, whenever these occur, we will proceed, as soon as possible, to their correction.

In case the information presented does not correspond to the product characteristics, the Customer has the right to cancel the purchase contract in the applicable legal terms.

The photographs presented on the Site are merely illustrative.

We recommend that you consult the detailed information about the product characteristics before making your purchase.

Prices and product specifications are subject to change without notice.

The Site’s product catalogue (Online Store) is independent of physical stores, both in terms of prices and quantities in stock.

All promotional campaigns have limited and exclusive stock for online marketing.

All contractual information is written in Portuguese language, as well as information regarding the articles and the formalization of the sale and communications by e-mail.

Users should pay special attention to the description of the articles. In case of any doubt or clarification, they should contact COUTO writing to loja@couto.pt. Note that the type of computer used, the colour settings, internet browser or others, may cause changes in the colours displayed on the photos from Couto Website may thus differ from real colours. If there are differences, these variations in no way affect the function or value of the product in question, since the images included in the website are merely illustrative.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

Our trademarks include (among others) the name and logo COUTO.

These trademarks are used and/or registered in more than one country and the use of this Site does not grant any rights to the Client to use the trademarks of COUTO, S.A.

The company names and distinctive signs (trademarks and logos), as well as all the Copyright (texts, graphics, icons, comments, works, illustrations, data works and images and software) reproduced or presented on the Website are protected by law, namely the Copyright and Related Rights Code or the Industrial Property Code.

All texts, images, illustrations, photographs, advertising, trademarks and other elements of the content of the Site are protected by law and duly licensed, being expressly prohibited any copy, reproduction, dissemination or transmission, use, modification, sale, publication, distribution or any other use, total or partial, commercial or non-commercial, whatever the means used, except with express authorization of the same. It is strictly forbidden to use the site for illegal purposes or any other that may be considered harmful to the image that COUTO, S.A. has in the market. COUTO, S.A. rejects any responsibility for the usurpation and misuse of the above mentioned elements. The free uses authorised by law, namely the right to quote, are excluded from this prohibition, provided that their origin is clearly identified. The usurpation, counterfeiting, exploitation of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable. COUTO, S.A. reserves the right to prosecute the authors of any copy, reproduction or other unauthorized use of its content(s) by third parties.

In view of the above, its reproduction or representation is strictly prohibited and must be subject to prior written authorization from the owner of the trademark.

5. RESPONSIBILITIES

All products sold in this Online Store are in compliance with Portuguese legislation.

COUTO declines any responsibility in case of violation of the legislation of the country where the order is delivered.

It is up to the Customer to check with the local authorities the conditions of import or use of the products he intends to order.

COUTO is not responsible for damages resulting from interferences, interruptions, computer viruses, breakdowns or disconnections of the operating system that may temporarily impede access, navigation or the provision of services to Users.

6. OBLIGATIONS OF CUSTOMERS AND USERS

The Client and the User must comply with these General Conditions, committing themselves to fulfill, among others, the following obligations:

1) Not to introduce, store or disseminate, through the Website, defamatory, obscene, injurious, misleading, xenophobic and/or any other content that violates the general principles of law, the right to privacy or the intellectual or industrial property of third parties and public order, as well as those that may be harmful to third parties or to COUTO.

2) Save, and not disclose, your password to enter the Website in order to prevent third parties from accessing your account on the Website;

3) Not to use false identities;

4) Provide personal data to correct addresses so that COUTO can properly process orders;

The Customer is responsible for the veracity of the data communicated to COUTO and undertakes to immediately insert in his Online Store Registration Account any changes to them.

COUTO declines any responsibility for any delay or impossibility and processing of the order, particularly at the time of delivery, due to error or insufficient data communicated by the Customer.

The use of this Site is subject to the conditions of use set by COUTO, as the sole and exclusive owner.

COUTO reserves the right to delete the account of Users who violate any of these obligations.

7. ORDERING AND PAYMENT SECURITY

The supplier of the goods available for purchase on COUTO Site is COUTO, S.A.

To make purchases through the Site it is necessary to register or login as User or Customer, filling out the form available online for this purpose, in the Login/Signup area.

Once registered, simply enter in the virtual shopping basket all the items you want to purchase and check the status of it, in your customer area.

You must follow all the steps of the purchase so that it is completed successfully.

COUTO informs that the prices charged on the Site are exclusive to this Online Store and may not match the prices charged in the physical stores of COUTO.

All promotional campaigns have a limited and exclusive stock for online marketing.

The processing of the order assumes that the Customer has taken note and accepts the General Terms and Conditions of the Site.

The data registered by COUTO constitute proof of the set of transactions made between COUTO and the Customer.

It is COUTO’s responsibility to file the electronic document in which the contract is formalized and keep it accessible.

As soon as you finish your purchase, you will receive an automatic e-mail confirming the transaction.

If the data is not correct, you can immediately request its modification, or even the cancellation of the purchase made.

The payment of the order and transport costs (if applicable) will be made in advance.

The cost of transport is calculated based on the weight and destination of the order, we ask you to check the value of our rates at check out.

COUTO offers the following payment methods: ATM reference, MB WAY and bank transfer.

Orders that are not paid within three working days will be cancelled.

About these payment methods: Payments by bank transfer will only be considered valid by sending proof of the same by email (functionality that most e-banking systems provide) and after good collection. If the transfer is made at a bank counter or at an ATM (cash machine) it is essential to send the receipt proving the transfer (for example through a scan or digital photograph of the receipt).

The server will be in encrypted mode and all information will be encrypted and no information will circulate freely on the Internet.

All payments will be processed by Couto, S.A. and Couto, S.A. will not reserve any of the payment data.

The contract is considered fulfilled with the payment of the price by the Client and the delivery of the good by COUTO.

8. PRICES

Prices are marked in euros (euros), with taxes and fees included.

VAT applied is at the rate of 23% and 6%.

The prices of the website www.couto.pt may be modified at any time without prior notice from the Customer, which, however, will not apply to orders already placed.

The Customer shall bear the costs of shipping the orders placed in this Online Store.

9. AVAILABILITY OF PRODUCTS

COUTO only processes an order placed by a Customer after confirmation of the respective payment, so it cannot guarantee the availability of the articles until the beginning of the said processing.

COUTO undertakes to manage the Site in order to ensure that all products available in the online store are in stock at the time of your order.

However, there may be a temporary rupture of stock, fact that the Customer will be informed.

COUTO and the Customer may cancel partially or totally the order, with the Customer’s right to a refund of the respective amount paid.

In this case, in case of exercise of the right of free cancellation provided for in these General Conditions, the expenses of return shall be borne by COUTO.

COUTO may, alternatively, provide the Customer with a good of equivalent quality and price, upon prior consent of the Customer.

10. CANCELLATIONS AND RIGHT OF FREE RESOLUTION

Applicable to all purchases made on the Site.

The non-payment of the order within 3 days from the date it was placed implies its automatic cancellation.

In case of cancellation of the contract, due to non-compliance of the COUTO will be refunded to the Customer all payments made, including delivery costs if applicable (with the exception of additional costs resulting from the customer’s eventual choice of a mode of shipping other than the less onerous mode of normal shipping offered by the seller), without undue delay and in any case no later than 10 days from the date of cancellation of the contract.

Refunds will be made by the same means of payment that the Client used in the initial transaction.

In the case of payment by ATM, we ask you to provide us with an IBAN so we can make the return in a faster way.

11. RESOLUTION AND RETURN

11.1 RESOLUTION

The user has the right to terminate the contract without justification within 14 (fourteen) working days.

The period for withdrawal expires within 14 (fourteen) working days from the time the user or a third party designated by him/her acquires possession of the product(s), according to the document signed at the time of receipt of them.

In order to facilitate the procedures of return and refund of the amount to the user, the user is requested to make the material subject to the resolution available to COUTO within a reasonable period of time and in order to facilitate the exercise of their rights and proceed to the verification of the material.

In order for the user to exercise his right to withdraw, he must notify COUTO of his decision to withdraw from the contract by means of a clear statement by email to loja@couto.pt.

This statement must include the order and invoice number and the reference(s) of the article(s) you wish to have returned.

Upon receipt of this declaration, COUTO will send by e-mail the indications of return (procedures to be followed), together with the information about the means of transport (carrier company) to be used.

In order for the period for free withdrawal to be respected, the communication concerning the exercise of the right of withdrawal must be transmitted before the end of the period granted for that purpose: that is, 14 (fourteen) days after receipt.

Should the user wish to terminate the contract, he will be reimbursed for all payments made, excluding return costs, without excessive delay and, in any case, within a maximum period of 30 (thirty) days from the day on which the right of withdrawal was exercised. COUTO will refund the order through the same mode of payment used in the initial transaction; in any case, the refund will not give rise to any additional costs.

In the case of cosmetic products, for health and hygiene reasons, according to Article 17, paragraph 1, e) of Decree-Law No. 24/2014 of 14 February, as amended by Law No. 47/2014 of 28 July, it is not possible to exercise the right of free termination of contracts for the supply of products that are not returned properly closed and sealed, so the user is requested to always check the products he has received before opening them.

Regarding the conditions for returning the article(s) and their refund:

  • The article must not have been used or changed in any way.
  • The return of the articles must include all the original labels as well as packaging and other accessories, which must be sent together with the order.
  • Returns must be packed in the COUTO box or envelope used for transportation.
  • If only part of the order is returned, COUTO will return the amount paid by the user.
  • The user must return the article(s) through the carrier that is indicated in the email sent by COUTO, and following the instructions that are sent by email for that process.
  • In case of article(s) whose return has not been previously authorized and/or has not been sent through the same carrier, as indicated in the email sent with the return instructions, COUTO reserves the right to refuse the receipt of the article(s).
  • If an unauthorized return is accepted, COUTO will deduct 10% of the value of the article(s) for administrative costs.
  • The return of articles that do not comply with the procedures of the terms and conditions of the return policies will not be accepted by COUTO.

11.2 RETURN OF DEFECTIVE PRODUCTS

The COUTO team gathers all the efforts, scrupulously checking all the articles in order to detect any defects that may exist in them before proceeding to any expedition.

COUTO reserves the right to request photographic support regarding defective items or goods that were sent wrongly, for the purpose of reimbursement of transportation costs before authorizing the return.

In case of return of the items considered as defective, an inspection will be made upon receipt. Items subject to wear and tear considered normal will not be considered defective.

In order for the user to return defective item(s), he must notify COUTO of this decision by sending an email to loja@couto.pt.

This declaration must contain the order and invoice number and the reference(s) of the article(s) you wish to have returned.

Upon receipt of this declaration, COUTO will send by e-mail the indications of return (procedures to be followed) together with the information about the carrier to be used.

If it is a return of a defective item, COUTO, after receiving the product(s), will make its analysis and inform the user of the following procedures. COUTO will replace the product, if stock is available. In case of unavailability of stock, it will proceed to the reimbursement of the order and transport costs, if any. This order refund will be made using the same mode of payment used in the initial transaction; in any case, the refund will not give rise to any additional costs.

Regarding the conditions for returning the defective item(s) and their refund:

  • The article must not have been used or altered in any way.
  • When returning the articles, all original labels as well as packaging and other accessories must be included and sent with the order.
  • Returns must be packed in the COUTO box or envelope used for transportation.
  • If only part of the order is returned, COUTO will return the amount paid by the user.
  • The user must return the article(s) through the carrier that is indicated in the email sent by COUTO, and following the instructions that are sent by email for that process.
  • After receiving the defective item(s), COUTO will proceed to its analysis, to verify the quality problem in question.
  • In case COUTO cannot replace the defective item(s), the amount paid will be refunded, in the same amount as the one paid by the user, using the means of payment originally used.
  • If all or only part of the order is returned, COUTO will refund the amount paid by the user.
  • In case of article(s) whose return has not been previously authorized and/or has not been sent through the same carrier, as indicated in the email sent with the return instructions, COUTO reserves the right to refuse the receipt of the article(s).
  • If an unauthorized return is accepted, COUTO will deduct 10% of the value of the article(s) for administrative costs.
  • The return of articles that do not comply with the procedures of the terms and conditions of the return policies will not be accepted by COUTO. These items will be returned to the sender to the original shipping address at the user’s expense.

12. DISPATCHES AND DELIVERIES

12.1 MAINLAND SHIPPING COSTS

To the value of the products ordered, may be added the shipping cost under the terms of this website.

Buyers will be informed of the final price of their purchase, with a breakdown of carriage costs, prior to completion of the order.

All orders destined for mainland Portugal will be shipped through MRW, for other destinations will be by CTT Express.

COUTO, S.A. offers free Standard shipping on:

  • All orders over 70€ Portugal (except islands)
  • Azores & Madeira have free shipping for orders above 80€
  • All orders over 150€ for countries within the European Union

For orders below these amounts, delivery costs are calculated based on the weight and destination of the order. We kindly ask you to verify the value of our tariffs on the checkout page.

At the end of the purchase process, the consumer will be duly informed of the total costs of the purchase, including transportation costs.

Normal shipping time to Portugal – up to 3 working days (after confirmation of payment of the order).

Normal shipping time to European Union – up to 6 working days (after confirmation of payment of the order).

Country

Rate (including VAT)

Weight

Up to 2Kg

Over 2 kg and up to 5 Kg

Over 5Kg and up to 10 kg

Portugal

5,40 €

7,00 €

10,16 €

Azores & Madeira

13,40 €

14,74 €

17,50 €

Spain (Continent)

9,30 €

11,00 €

12,33 €

Austria

32,13 €

45,00 €

62,45 €

Belgium

32,13 €

45,00 €

62,45 €

Bulgaria

33,46 €

46,64 €

68,74 €

Croatia

33,46 €

46,64 €

68,74 €

Cyprus

33,46 €

46,64 €

68,74 €

Czech Republic

33,46 €

46,64 €

68,74 €

Denmark

32,13 €

45,00 €

62,45 €

Estonia

33,46 €

46,64 €

68,74 €

Finland

33,46 €

46,64 €

68,74 €

France

32,13 €

45,00 €

62,45 €

Germany

32,13 €

45,00 €

62,45 €

Greece

32,13 €

45,00 €

62,45 €

Hungary

33,46 €

46,64 €

68,74 €

Ireland

32,13 €

45,00 €

62,45 €

Italy

32,13 €

45,00 €

62,45 €

Latvia

33,46 €

46,64 €

68,74 €

Lithuania

33,46 €

46,64 €

68,74 €

Luxembourg

32,13 €

45,00 €

62,45 €

Netherlands

32,13 €

45,00 €

62,45 €

Poland

33,46 €

46,64 €

68,74 €

Romania

33,46 €

46,64 €

68,74 €

Slovakia

33,46 €

46,64 €

68,74 €

Slovenia

33,46 €

46,64 €

68,74 €

Sweden

33,46 €

46,64 €

68,74 €

Norway

35,33 €

54,85€

98,20€

Switzerland

35,33 €

54,85€

98,20€

 

  • At the end of the purchase process, the consumer will be duly informed of the total costs of the purchase, including transportation costs.
  • Normal shipping time – up to 3 working days (after confirmation of payment of the order).

Due to the new reality that the country and the world go through all orders may suffer delays in their deliveries. We appreciate your greater understanding.

12.2 UNDELIVERED ORDERS

Orders that are not delivered, due to a fact attributable to the user, including errors in the indication of the address or any other cause that makes it impossible to deliver the order to the address indicated, will be returned to COUTO.

The costs of shipping and returning the order will be charged to the user, which will be deducted from any amounts to be refunded.

12.3 FORCE MAJEURE

COUTO’s compliance may be affected in case of force majeure. Cases of force majeure are considered, among others, situations of war, civil war, revolution, riot, government measures, strikes, blockades or natural disasters.

In such cases, the contract between the User and COUTO may be terminated in whole or in part by either party, and the User will be refunded all amounts.

12.4 DELIVERY TIMES

COUTO, owner of the website www.couto.pt , operates from Monday to Friday, between 09:00 and 13:00 and between 14:00 and 18:00, except on public holidays.

All orders placed on the Couto Website will only be processed by the services from Monday to Friday, regardless of whether the user placed his order on a weekend or holiday day.

The normal delivery times of orders are excepted, however, the seasons of balances, promotions and holidays, vacation period or periods of exceptional volume of work, periods during which delivery times may be slightly higher.

12.5 IMPORTANT INFORMATION

The above delivery times are merely indicative, and do not take into account any delays that may be caused by problems with payment authorizations or due to delays by the carrier.

The transit times identified correspond to the time between the order leaving the warehouse and the receipt by the user, i.e. after processing the order for shipment.

All orders need to be signed upon delivery to generate a proof of delivery.

From the moment the orders are shipped, COUTO cannot change the delivery address of the orders.

12.6 DELIVERY POSITION

All orders are shipped, after confirmation of payment, within 1 to 3 working days after payment and completion of the order. As soon as the order is shipped, COUTO will send an email to the user, confirming the shipment.

12.6 DISPATCHES AND COLLECTIONS

When registering in COUTO, the user will have to indicate his personal data, including the address to which the order should be delivered.

If you wish COUTO to send your order to an alternative address, you must do so at the time of completing your order.

Due to the restrictions imposed by the shipping companies, COUTO does not deliver to PO Boxes.

Orders will be sent via MRW (Portugal Continental).

The company gives the chance, during the delivery process, to indicate the delivery address of the order, different from the one used at the time of its registration. However, if this change occurs, after the order has left COUTO, it is subject to a cost.

Since MRW requires a signature at the time of delivery of the orders, the user or his representative will have to be present at the destination address in the respective act of delivery.

12.7 DELIVERY OF SUCCESSFUL SHIPMENTS

The user is requested to carefully inspect the box or envelope when delivering all shipments and, BEFORE signing the delivery document.

All packages are properly sealed and packed.

If, at the time of delivery, the packaging appears tampered with, please sign the delivery document with reservations or refuse the delivery.

In case you accept the delivery of the order with reservations, or if you refuse it, you should immediately make a complaint to the carrier and contact COUTO, writing to loja@couto.pt.

12.8 INSURANCE

COUTO is responsible for the order during the transit period until the moment of effective delivery to the user.

Upon delivery of the order, the user must sign the document proving its receipt, from which moment responsibility is transferred to the user.

If the user designates, for delivery purposes, a recipient other than himself/herself, he/she will accept the signature of that third party as proof of the delivery of the order and fulfillment of obligations by COUTO as well as the transfer of responsibility.

 

13. EXCEPTION TO THE RIGHT OF FREE RESOLUTION

The Customer may not freely terminate the contract in the event of unsealing the products, making them unsuitable for return for health protection or hygiene reasons when opened after their delivery.

14. CONSUMER PROTECTION

The rules provided for in Law No. 47/2014 of 28 July on certain aspects of the sale of consumer goods and related guarantees apply to Users.

The said legal guarantee does not cover defects resulting from the misuse of the goods by the Customer or the intervention of third parties.

15. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

All purchases made on the Site are subject to Portuguese law. Any conflict or divergence of interpretation or application of the General Conditions of Contract and Use will be submitted to the Portuguese Court with territorial jurisdiction.

These General Conditions were updated on April 20, 2020.

Can’t find the answer to your questions? Contact us!

Email: geral@couto.pt

Tel: +351 227 169 760
Fax: +351 227 169 769

Couto, S. A.
Largo da Utic, 100 – H2
4430-246 Vila Nova de Gaia
PORTUGAL

We promise to respond as soon as possible.

 

16. ALTERNATIVE DISPUTE RESOLUTION

In compliance with Article 18 of Law 144/2015, consumers are hereby informed that for the alternative resolution of disputes they should contact COUTO writing to the e-mail geral@couto.pt or the following competent entity for the Alternative Resolution of Consumer Disputes

Centro de Informação de Consumo e Arbitragem do Porto
Tribunal Arbitral de Consumo
Rua Damião de Góis, n.º 31 – Loja 6
4050-225 Porto
Tel. +351 225 508 349 / +351 225 029 791
Fax. +351 225 026 109
Email: cicap@cicap.pt
www.cicap.pt

For more information consult the Consumer Portal at https://cec.consumidor.pt/

16.1 ONLINE DISPUTE RESOLUTION

The European Commission has created the ADR platform for alternative dispute resolution between consumers and traders concerning contracts of sale or online services, i.e. those where the trader, or his intermediary, offers, on a website or through other electronic means, goods or services that the consumer orders on the same website or through other electronic means.

For more information consult the European Online Dispute Resolution Platform: https://ec.europa.eu/info/policies/consumers_pt

 

17. CLAIMS

You can make a complaint to the email address geral@couto.pt or access the complaints book online at https://www.livroreclamacoes.pt/inicio