Terms of service
TERMS & CONDITIONS
OBJECT
This document (hereinafter, simply "Terms and Conditions") regulates the general terms and conditions of use of the website you have just accessed, owned by CELLPOWER X, LDA., as well as the terms and conditions of purchase and sale of the products marketed through the respective online store, hereinafter, simply referred to as the website and online store.
GENERAL INFORMATION
1. Identification of the owner of the website and supplier of the products:
1.1. The owner of the website and supplier of the products sold in the online store is CELLPOWER X, LDA., with registered office at Avenida Fontes Pereira de Melo, nº 21, 8º, 1050-166 Lisboa, Portugal, and with NIPC 518319067, hereinafter referred to as "CELLPOWER".
1.2. Contact information:
E-mail: legal@cellpowerx.com
2. When using our website
2.1. The use of the website, whether through simple navigation or through the establishment of a commercial relationship with CELLPOWER through its online store, confers the condition of User and implies the acceptance, full and without reservation, of all the provisions included in these Terms and Conditions as well as in the Privacy Policy, in force at each time you access the website.
2.2. These Terms and Conditions are applicable to all Users of the website, including, without limitation, visitors, customers and others not specifically identified.
2.3. The contractual proposal regarding the purchase and sale of the products marketed by CELLPOWER in the online store is addressed only to persons of legal age with full capacity and who, therefore, can be responsible for the commitments resulting from the purchase and sale of the products marketed by CELLPOWER.
2.4. If the User does not agree with these Terms and Conditions, in their entirety, they should not access the website or the features and services associated with it, namely the online store. In particular, the making of any and all purchases through the online store depends on the acceptance of these Terms and Conditions, so if the User does not accept them, they will not be able to make purchases through it.
2.5. By accepting these Terms and Conditions, you do so on behalf of yourself and/or the organization you represent (if applicable). By placing orders through our online store, the User declares to be over 18 years of age, guaranteeing that they have full legal capacity for the acts they perform and the necessary powers to carry out such acceptance. Furthermore, by accepting these Terms and Conditions, the User expressly declares that they will not use the website and the features and services associated with its use, for any illegal and/or illicit purposes.
2.6. CELLPOWER reserves the right to change these Terms and Conditions at any time and without prior notice, so the User should consult the Terms and Conditions before each use of the website and the associated features and services, in particular, before each use of the online store.
2.7. Without prejudice to the provisions of the previous paragraph, any changes to the Terms and Conditions after the confirmation of any order do not bind the User in relation to such order. The Terms and Conditions in force on the date of confirmation of each order will apply.
2.8. CELLPOWER guarantees the security of the account within the expected and appropriate security measures for platforms such as the website and its online store.
2.9. CELLPOWER is not responsible for damages resulting from interferences, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
2.10. Under no circumstances may CELLPOWER and/or its representatives and employees be held liable for any damages that may arise, even accidentally, from the malfunction of the website, in any way and for whatever time such malfunction is prolonged, or for any damages caused by reproduction, use or exploitation.
2.11. The violation of the provisions of these Terms and Conditions by the User constitutes grounds for its termination by CELLPOWER. In any case, the violation of the provisions of these Terms and Conditions by the User and regardless of whether or not it is resolved, always entitles CELLPOWER to be compensated for all damages arising therefrom. In addition, CELLPOWER reserves the right, at its discretion, to terminate the use of the website and its features and services by the User in question, with or without notice to the User.
3. Customer Registration on the website
3.1. Mere access to the website is not subject to registration. However, in order to enjoy all the features and services of the website, the User must register as a customer.
3.2. Registration on the website is carried out by creating a User account, filling in the form with the requested data.
3.3. The User is responsible for the veracity, completeness and lawfulness of the data provided, both at the time of registration and for the purpose of making purchases in the online store, as well as for its updating. In these terms, the User shall be solely and exclusively responsible for any false or inaccurate statements made and, consequently, for compensating CELLPOWER for all losses that it suffers as a result of non-compliance with this provision.
3.4. All content included in the User's account, as well as all the activity that takes place therein, is the responsibility of the User, and there is no obligation on the part of CELLPOWER to monitor the content or the (non)compliance with any responsibilities of the User, namely compliance with obligations to other Users or to national authorities.
3.5. CELLPOWER does not have access to or knowledge of the password set by the User for the purpose of accessing the website, and it is the User's responsibility to ensure the confidentiality of the password and ensure its safekeeping and proper use, as well as to comply with good practices regarding the security of their account (in particular, by changing the password regularly and avoiding connections through networks open to the public). As such, CELLPOWER cannot be held liable for damages arising from the loss or misuse of the password defined by the User.
PRODUCTS AND PURCHASE PROCESS
4. Products’ characteristics
4.1. The website offers a wide range of products for purchase through the online store.
4.2. All these products are illustrated with photographs and with an indication of their essential characteristics and are available, without distinction, for purchase by Consumers or Professionals.
4.3. CELLPOWER has made every effort to ensure that the information presented on the website and in the respective online store is free of typographical errors and, whenever these occur, CELLPOWER will proceed as soon as possible to correct them. Likewise, CELLPOWER will make its best efforts to keep up to date the information regarding the products contained on the website and in the respective online store.
4.4. At any time, CELLPOWER may change, delete or move any information on the website and in the respective online store, without prior notice, namely those relating to products, prices, promotions, offers, commercial conditions and services.
4.5. The User hereby expressly accepts and agrees to the following:
a) The photographs presented on the website are for illustrative purposes only, and the User must carefully and fully read the information on the essential characteristics of the products described on the website. If in doubt, please contact CELLPOWER for any additional information;
b) All products for sale on the website are subject to existing stock, without prejudice to the fact that CELLPOWER strives to present updated information regarding the availability of products;
c) CELLPOWER will not assume responsibility for any discontinued items;
d) The prices and products available on the website are only valid for commercial transactions carried out through the online store.
4.6. CELLPOWER is not responsible for any consequences resulting from failure to consult the product information and its instructions for use or any other warnings provided.
5. Products’ price
5.1. The price of each of the products sold by CELLPOWER is duly indicated on the website, in Euros, including VAT at the legal rate in force.
5.2. The price of each of the products marketed by CELLPOWER and indicated on the website, does not include the costs of transporting the products for delivery to the User, costs that vary according to the desired mode of delivery and that can be consulted in point 6.2.4.
5.3. The transport costs of the products and, where applicable, the products exempt from transport costs, will be presented to the User at the time immediately prior to the Order Confirmation by the User.
5.4. Although CELLPOWER tries to ensure that all prices displayed on the website are correct, errors may occur. If CELLPOWER detects an error in the price of any of the products that the User has ordered, it will inform the User as soon as possible and give the option to reconfirm the order at the correct price or cancel it. If CELLPOWER is unable, for any reason, to contact the User, the order will then be cancelled and the amount already paid will be fully refunded.
5.5. The price of the products is subject to change by CELLPOWER, without prior notice, until the moment of Order Confirmation by the User.
6. Products purchase – process and sale conditions
6.1. Selection of products and shopping cart – Step 1
6.1.1. The products that the User wishes to purchase must be included in the shopping cart, indicating the number of units desired.
6.1.2. The items for sale are subject to existing stock, and CELLPOWER is not obliged to sell any product that is not available in stock.
6.1.3. Once the desired products have been selected, the User must select the "CHECKOUT" option.
6.2. Billing, Payment and Delivery data – Step 2
6.2.1. For the purpose of finalizing the order, the User must enter the personal data requested.
6.2.2. The User must enter the delivery and billing details. The User must also select the respective mode of delivery.
6.2.3. The User will, at that time, be informed of the price to be paid for postage for their order.
6.2.4. After the orders are shipped, a notification is sent to the User via email. If for any reason the User does not receive the shipment confirmation within a reasonable time, they should contact CELLPOWER.
6.2.5. Next, the User must choose the payment method, having the following options available:
- Credit Card;
- PayPal;
- Klarna;
- Revolut;
- MB.
6.2.6. Before Confirming the Order, the User undertakes to check the data contained in their order summary, confirming the User's data, the products selected in the shopping cart, their delivery method and payment method, and must go back to the previous steps in order to rectify them if they detect any non-conformity.
6.2.7. Before finalizing the order, the User must read the "Terms and Conditions" by inserting the agreement symbol in the box available, only if they accept them. Acceptance of the "Terms and Conditions" is an absolute requirement for the continuation of the operation. The User must immediately print and archive the Terms and Conditions for future reference.
6.3. Order confirmation and contract – Step 3
6.3.1. After completing the previous steps and with the reading and confirmation of acceptance of these Terms and Conditions and the Privacy Notice, the User will be able to finalize their order.
6.3.2. By confirming the order, the User enters into a purchase and sale contract with CELLPOWER, expressing their full and complete acceptance of the description of the products contemplated in the transaction, their prices and these Terms and Conditions, which contain the only applicable provisions between the User and CELLPOWER.
6.3.3. After Order Confirmation by the User, the User will receive an email confirming that the order has been received by CELLPOWER (Order Confirmation email). This email will contain a summary of the information about the order placed, including the name/reference of the product, the total price of the product, the chosen shipping option and associated shipping costs, as well as the payment method selected by the User. If any data is not correct, the User must immediately request its change to CELLPOWER.
6.3.4. The means of transport for sending the orders shall always be defined by CELLPOWER, regardless of the delivery destination.
6.3.5. Once the total price of the products has been paid, the invoice will be issued and cannot be reissued with changes. The User will receive their invoice by email.
6.3.6. With the Order Confirmation by the User, accompanied by the subsequent full payment of the total price of the products, the contract for the purchase and sale of the products is formalized, and its effectiveness, however, depends on the availability in stock of the products, in accordance with the provisions of the following numbers.
6.3.7. All orders for products in the online store will be subject to their availability in stock. CELLPOWER is not obliged to supply products that are unavailable, so if the products ordered are not available in stock, CELLPOWER will inform the User immediately after becoming aware of such unavailability and will act in accordance with the provisions of the following numbers.
6.3.8. In the event of a temporary unavailability of any of the products in stock, making it impossible to deliver them within the agreed deadlines, CELLPOWER will contact the User seeking to agree with them one of the following options:
a) A new delivery time, and the order will only proceed after consent given by the User (via email),
b) The supply of a product of equivalent quality and price, if any, in which case the order will only proceed after consent given by the User (via email), or
c) The cancellation of the order for the missing products, with the corresponding refund of the amounts paid by the User, within a maximum period of 30 (thirty) days after the communication of the cancellation.
7. Delivery of products and respective deadlines
7.1. Once the purchase and sale contract has been formalized, the full payment of the total price of the products has been made, and on the condition that the purchased products are available, all under the terms provided for in the previous clauses, CELLPOWER will send the products according to the delivery option selected by the User.
7.2. Notwithstanding the deadlines foreseen, delays may occur for any of the following reasons, not attributable to CELLPOWER, and which therefore will not confer on the User any right to compensation:
a) Delays on the part of the carrier;
b) Difficulties in delivery to the recipient;
c) Local holidays.
7.3. The User must ensure that someone is present at the delivery address of the products.
7.4. CELLPOWER declines any responsibility for any delay or impossibility of delivery of the order, resulting from acts for which it is not responsible.
7.5. The deadline for the delivery of the ordered products is 30 days, counting from the day following the confirmation of payment of the total price of the products.
7.6. For the purposes of these Terms and Conditions, a "delivery" is deemed to have been made or a product is deemed to have been "delivered", when it is marked as delivered by the shipping company (normally DHL Express) through the respective tracking link.
7.7. The return policy of CELLPOWER is available on the website.
PRODUCTS’ WARRANTY
8. Products’ conformity warranty
8.1. CELLPOWER is responsible for any lack of conformity of the products that exists at the time they are delivered to the User.
8.2. The products do not comply with the purchase and sale contract when any of the following facts occur:
a) When the products do not conform to the description made of them by CELLPOWER on its website or do not have the qualities that CELLPOWER has presented to the User as a sample or model;
b) Where the products are not suitable for the usual uses of goods of the same type.
8.3. Under the terms of Consumer Law, electronic devices marketed by CELLPOWER, namely the ACTYVA device, are covered by a legal warranty period of 3 (three) years for new products, starting from the date of delivery to the User.
8.4. Food supplements marketed by CELLPOWER are not subject to a warranty of results or effects. CELLPOWER is solely responsible for ensuring that such products are in conformity with applicable legislation at the time of delivery, namely with regard to composition, safety, labelling and shelf life.
8.5. In sales to professionals, and solely with regard to electronic devices, CELLPOWER shall be responsible for any defect existing at the time of delivery of the products, with a warranty period of 6 (six) months from the date of delivery.
9. Warranty Exclusions
9.1. There shall be no lack of conformity or defects in the products within the meaning of applicable law if, at the time the contract is concluded, the User is aware of such lack of conformity or defects or cannot reasonably have been unaware of them.
9.2. It is also not considered that there is a lack of conformity or defects in the products, the occurrence of vices or defects for which CELLPOWER is not responsible, namely when they arise from the following situations:
a) Failure to use and/or store the products carefully, diligently, and/or in accordance with the instructions provided in the product's user manual;
b) The use of the products for a purpose other than that for which they are intended;
c) The production of the products according to the customer's requests and specific characteristics by indicated (customization);
d) Normal wear and tear resulting from regular use of the products, such as gradual loss of lithium battery efficiency or wear of aluminum components;
e) Modification or alteration of the products.
10. Proceeding
10.1. If the purchased product does not conform to the contract or presents any defect, the User must notify CELLPOWER through Customer Support. In this contact, the User must provide the order number, describe the non-conformity, and send photographs illustrating the issue for evaluation by CELLPOWER. CELLPOWER will then provide further instructions to the User regarding the shipment or collection of the product, if necessary.
10.2. In the event of non-conformity for which CELLPOWER is responsible, and taking into account the type of products sold in our online store, the User shall be entitled, in this order, to one of the following remedies:
a) Repair of the product;
b) Replacement of the product with another of identical characteristics;
c) Termination of the Agreement.
10.3. The costs of returning or collecting the products under warranty will be borne by CELLPOWER whenever it is concluded that the non-conformity in question is covered by the warranty period.
CONTRACT TERMINATION
11. Free Contract Termination - Right of withdrawal
11.1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of 31 July, with subsequent changes.
11.2.The User has the right to freely terminate this contract within 14 calendar days, without the need to give any reason. The time limit for exercising the right of withdrawal expires within 14 days from:
a) From the day on which the User or a third party indicated by the User (with the exception of the carrier), acquires physical possession of the product; or
b) From the day on which the User or a third party, other than the carrier, indicated by the User, acquires physical possession of the last product, in the case of several goods ordered by the User in a single order and delivered separately.
11.3. The right of free withdrawal may be exercised by the User for all the products purchased or only for some of the products included in an order.
11.4. To this end, the User must contact Customer Support and request the return/termination of the contract, following the instructions provided.
11.5. In order for the withdrawal period to be respected, it is sufficient that the communication regarding the exercise of the free right of withdrawal is sent before the expiry of the withdrawal period provided for in paragraph 2 of this Clause.
12. Parties’ obligations resulting from the User’s exercise of free termination’s right
12.1. If the products have already been delivered to the User, the User must return them to CELLPOWER within 14 days from the date the decision to terminate the contract is communicated. In this case, the User shall be entitled to a refund of the amounts paid, excluding the initial shipping costs/duties/taxes, transaction/payment method fees, and the costs of returning the products, which shall be borne by the User.
12.2. If the contract is terminated after the products have been shipped but before they are received by the User, the amounts paid by the User shall be refunded, excluding the initial shipping costs/duties/taxes, transaction/payment method fees, and the costs associated with returning the products to CELLPOWER, which shall be borne by the User.
12.3. If the contract is terminated before the products have been shipped, the amounts paid by the User shall be refunded, excluding only the transaction or payment method fees.
12.4. CELLPOWER reserves the right to withhold the refund of the amounts paid by the User until the products are returned to CELLPOWER.
12.5. The refund will be made using the same means of payment used in the initial transaction, unless otherwise expressly agreed by the User.
12.6. The User must keep the products in a condition that allows them to be properly returned, in their complete original packaging, with the plastic wrap intact and unopened.
12.7. The contractual right to return the products applies only to products that can be returned in the same condition in which they were received by the User. CELLPOWER reserves the right to refuse a refund for any product that has been damaged or shows signs of use, including, but not limited to, the removal or cutting of labels, the violation of security seals, or any other alteration affecting the product’s original condition.
12.8. If the above conditions are not met, the return will be rejected, and an email will be sent to the User stating the respective reasons. In this case, the User will have the option to request the reshipment of the products not accepted for return, and the reshipment costs will be borne by the latter.
FINAL DISPOSITIONS
13. Intellectual Property
13.1. CELLPOWER is the owner of all intellectual property rights over the website.
13.2. The User acknowledges and accepts that the contents made available by CELLPOWER through the website, namely, texts, images, trademarks, logos, source codes, are protected by intellectual property legislation, namely by copyright and industrial property rights, and that their property or license is owned by CELLPOWER and/or its suppliers or licensors and cannot be copied, imitated or used, in whole or in part, without the prior written permission of CELLPOWER or the holder of the applicable intellectual property rights.
13.3. The User acknowledges that access to the website and its respective contents does not grant them any ownership rights or license over the materials and contents made available on it.
13.4. The User undertakes not to make any abusive use of such content, and not to copy, disseminate or use such content in any way, as well as not to use software tools to collect protected content, namely, robots, crawlers or other automatic mechanisms.
13.5. The User undertakes not to copy, translate, disassemble or decompile, or create or attempt to create, by reverse engineering or otherwise, the source code and object code of the Platform, as well as third-party tools, applications and software associated with the operation of the Platform, nor shall the User remove any confidentiality or intellectual property notices.
13.6. The User undertakes to fully reimburse CELLPOWER for any indemnities, costs or expenses incurred as a result of claims of any kind or nature brought against CELLPOWER by third parties, based on the violation of third-party rights, namely intellectual property rights, related to the use of content made available or provided through the website and the services associated with it, including any compensation paid to third parties by agreement.
14. Privacy policy
CELLPOWER, as the data controller, respects the User’s privacy. Any personal data collected through the website shall be treated as confidential and shall not be sold, disclosed or otherwise transferred to third parties without the User’s prior authorization, except where required by law. Any personal data provided by the User shall be processed in accordance with applicable legislation and best practices, and with the implementation of appropriate technical and organizational security measures to ensure its protection. Such data shall be used solely for the purposes of processing purchase orders and improving the User’s experience on the website.
For further information on how personal data is processed, the User should consult the Privacy Policy, without prejudice to the information provided in the relevant forms.
15. Responsibility
To the fullest extent permitted by law, CELLPOWER shall only be liable for damages caused by way of gross negligence or willful misconduct. CELLPOWER does not assume any responsibility for the continuous availability of its website, and in particular of mobile networks, the Internet and mobile devices.
16. User Support & Complaints
The User may submit comments, suggestions, or complaints to CELLPOWER through Customer Support, namely via the chat available on the website.
17. Alternative Dispute Resolution
17.1. The provisions of this clause apply exclusively to sales made to final consumers, as defined in Law No. 24/96, of 31 July, as amended.
17.2. CELLPOWER hereby informs that, under the terms of the Consumer Protection Law, consumer disputes of low economic value (less than €5,000.00) are subject to mandatory arbitration or mediation, whenever, at the express option of the consumer, such disputes are submitted to an arbitral tribunal affiliated with legally authorized consumer dispute arbitration centers. In such cases, the final consumer may resort to any of these mechanisms and must be represented by a lawyer or solicitor, or may request legal aid, under the terms provided by law.
17.3. In addition, under Reg. (EU) 524/2013 of the European Parliament and of the Council, the User may access the Online Dispute Resolution (ODR) Platform in https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, where information is available on the possibility of using it to resolve disputes arising from online transactions.
17.4 Information is also available on the Consumer Portal (www.consumidor.pt) on the Alternative Dispute Resolution Entities available for the promotion of out-of-court settlement of national and cross-border disputes under Law No. 144/2015, of 8 September, as amended, when they are initiated by a consumer against a supplier of goods or services and respect contractual obligations resulting from contracts of purchase and sale or provision of services, entered into between an established supplier of goods or service provider and consumers residing in Portugal and the European Union.
THE USER DECLARES TO HAVE READ AND UNDERSTOOD THE PRESENT GENERAL CONDITIONS, AS WELL AS THE POLICIES TO THEM ASSOCIATED, AND DECLARES THAT THE USER HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE, BEFORE ACCEPTING THEM. ALSO, THE USER ACKNOWLEDGES THAT THIS IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE USER AND CELLPOWER, WHICH SUPERSEDES ANY PREVIOUS WRITTEN OR ORAL PROPOSAL OR AGREEMENT, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND CELLPOWER, CONCERNING THIS CONTRACT OR THE SCOPE OF THIS CONTRACT.
Terms and Conditions updated on 2025/01/02.
