Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS AND THE LEGAL NOTICE CAREFULLY BEFORE CREATING AN ACCOUNT AND/OR PLACING AN ORDER THROUGH THIS WEBSITE. THESE TERMS AND CONDITIONS, AS WELL AS THE PRODUCTS ON THE WEBSITE, ARE INTENDED EXCLUSIVELY FOR PROFESSIONALS.
1. Purpose and scope
These terms and conditions (“Terms and Conditions”) govern the creation of an account, the use of Purple Points, and the purchase of products on our website https://purpleprofessionalshop.com/ (the “Website”), operated by Twinkle Beauty Lda. (“Twinkle” or “we”).
2. About Us
The contracting entity for the purposes of these Terms and Conditions is Twinkle, whose identification and contact details are provided below:
Company name: Twinkle Beauty Lda.
Registered office: Rua dos Cruzeiros, 352, 4415-920 Grijó, Vila Nova de Gaia, Portugal.
NIPC (Corporate Tax ID): 516 551 043.
3. How to contact Twinkle
If you wish to obtain additional information or contact us, you can do so through the following channels:
· Email: purplestore@twinkle.pt
· Telephone: (+351) 220 924 133 (Call to national landline network) or +351 910 957 934 (Whatsapp number). Available between 8:00 a.m. and 5:00 p.m., Monday to Friday, except public holidays in Portugal.
· Online form: https://purpleprofessionalshop.com/pages/contact
· Mail: to the registered office indicated above.
4. How to create an account
To create an account on the Website, you must: (i) be of legal age; (ii) act as a professional (and not as a consumer) and (iii) have read and accepted these Terms and Conditions and have declared this by checking the acceptance box included at the end of the registration process on the Website. If you are acting on behalf of or for a legal entity or other entity, you declare that you have the necessary powers to represent and bind it to these Terms and Conditions. Creating an account on the Website is free.
By clicking on the icon representing a person, located in the upper right corner of the Website, you will be taken to a page that allows you to create an account.
To create an account, you must fill in your email. Please confirm that you have read and accepted these Terms and Conditions, as well as the Privacy Policy. Registration cannot be completed without checking these boxes.
You will then receive an access code in your email, confirming the account creation. Whenever you want to log in, simply enter your email, and you will receive an account access code in your email (it is not necessary to create a password to access the account).
After logging in, you can add your first name and/or last name (or the name of the company you represent) to your account, which is optional. You can also add the delivery address for future orders and a phone number.
The contract concluded under these Terms and Conditions will be formalized in the language in which they are made available to the user, according to the language selected by the user on the Website. These Terms and Conditions apply from the moment of acceptance by the user and as long as they maintain an active account, without prejudice to the obligations that, by their nature, must subsist after the termination of the contractual relationship. The user must keep the Terms and Conditions on a durable medium for future reference.
The created account can be cancelled at any time if you wish. To do so, you must access your customer area and request account cancellation through the account settings or contact our customer support. The cancellation will result in the loss of access to the purchase history associated with the account, and you will no longer be able to make purchases on the Website through the cancelled account. If you wish to associate orders with an account, you must create a new account. Twinkle may terminate the registered user's account with immediate effect if there is a breach of these Terms and Conditions by the user.
5. Requirements for placing an order
To make a purchase on the Website, the buyer must be of legal age and act as a professional (i.e., for purposes related to their commercial, industrial, craft, or professional activity).
The products available on the Website are intended exclusively for professional use. By placing an order, the buyer acknowledges that they are acting in this capacity and that the acquisition is made exclusively for professional purposes, not acting as a consumer. The buyer undertakes not to acquire products for personal purposes or purposes unrelated to their professional activity.
6. How to place an order
To place an order through the Website, you can first register as a user of the Website (see section 4 above) or place the order as a guest and, therefore, without having an account.
To purchase our products, you must select the "Add To Cart" option for the products you wish to purchase and indicate the desired quantity of units. If you wish to continue browsing and add more products to your cart, you can do so. If you wish to change your selection, you can do so by clicking on the shopping bag icon, located in the upper right corner of the Website. If you wish to purchase the products already added, you must click on "Checkout".
If you have an account on our Website, you can identify yourself with the email associated with your account.
Until you complete the order, you can, at any time, review the information provided during the process described above. If any error is identified in the entry of relevant data after completing your order, you can correct them using the contacts indicated in section 3 above. Note that certain data, including payment information, may be pre-filled by Shopify during the ordering process.
An order can only be completed if all mandatory data is provided and payment for the order is confirmed. The person placing the order declares and guarantees that (i) the debit/credit card information provided is true, correct, and complete, (ii) where applicable, they have due authorization to use the debit/credit card to make the purchase, and (iii) the charges incurred by them will be honored by the debit/credit card holder.
All orders placed through the Website are subject to these Terms and Conditions. The contract between Twinkle and the buyer consists of the order details and these Terms and Conditions, in the version accepted by the buyer at the time of placing the order. The buyer acknowledges that the Terms and Conditions are made available to them under conditions that allow their storage and reproduction, and it is their sole responsibility to keep them for future reference. If the buyer has an account on the Website, information regarding orders will be available in their reserved area. The contract will be concluded in the language in which the Terms and Conditions are made available, according to the language selected on the Website.
When you complete an order, you will receive an email confirming receipt of the order. If you do not receive this confirmation email within 24 hours, please contact us (using the contacts indicated in section 3 of this document).
The email you receive once we have accepted your order will include an order summary. You will also be assigned a tracking number. We recommend that you save this email, as we will request information from it if you wish to make any inquiry about your order.
If we are unable to fulfill your order, we will notify you by email. The inability to fulfill an order may occur, among other reasons, when we do not have the product you requested in stock. In this case, we will refund the amount you paid.
7. Delivery areas and costs
The prices of the products indicated on the Website do not include shipping costs, which will be presented to you during the ordering process (and before completing it).
The applied shipping costs are: €5.95.
Currently, Twinkle delivers products sold through the Website to the following countries and regions: Portugal.
8. How to pay for your order
Product prices will be those displayed on the Website at the time of order. All prices are shown in euros and include applicable taxes.
Although we make every effort to ensure that the information presented is always up to date and error-free, it is possible that the prices of some products are incorrect. In case of error, Twinkle will inform the buyer of the detected error and may refuse or not proceed with the order or, if the contract has already been considered concluded, terminate it, in any case, proceeding with the full refund of any amounts paid by the buyer.
The following payment methods are accepted on the Website:
· Credit and debit cards;
· Multibanco;
· MBWay
· Google Pay
· Apple Pay
· Klarna.
9. Delivery
Depending on the delivery address indicated, the order will normally be delivered within the following approximate times:
· Deliveries in mainland Portugal: 24 to 48 hours.
· Deliveries to the Azores or Madeira: For sea shipments, transit time is +/- 10 days. For air shipments, transit time is 48 - 96 hours.
· However, these shipments may be delayed due to reasons beyond our control.
Twinkle undertakes to make all reasonable efforts to meet the indicated deadlines. However, these are merely indicative and may vary, namely depending on product availability, delivery location, logistical constraints, or circumstances beyond Twinkle's control.
The order will be delivered to the delivery address you indicated when placing the order. The carrier may send you notifications, by email, about the status of the shipment, and also offer you the possibility to change the date, method and/or delivery address. Additionally, the carrier may contact you by phone to manage delivery-related issues with you.
We will make two delivery attempts at the address provided, notifying you by email of the day and time of the failed delivery attempt. If, after these two attempts, delivery is not possible, the carrier will deposit the ordered product at the collection point closest to the delivery address, so that it can be picked up within a period defined by the carrier. The exact location where the product will be deposited will be communicated to you by email. If the ordered product is not picked up within this period, we will terminate this contract and refund the total amount paid, less the costs resulting from the delivery of the product (if you paid shipping costs) and the costs incurred with the return of the product.
We are not responsible for delays that are beyond our control or the carrier's control. In any case, if the delivery of the order cannot be made within the indicative period, we will contact you to inform you of the occurrence and take the necessary measures to ensure that delivery is made as soon as possible.
The products will be your responsibility from the moment they are delivered to the indicated address. The buyer must inspect the products upon receipt and communicate, as soon as possible, any damages or irregularities detected, through the channels indicated in section 3 above.
10. Loyalty program and points attribution (Purple Points)
Twinkle offers registered users a points program (hereinafter "Points Program"), through which you can accumulate points based on your interaction with the Website, namely by making purchases or within the scope of specific initiatives promoted by Twinkle. Participation in the Points Program is automatic for users who create an account on the Website.
Points will be awarded according to criteria defined by Twinkle, which may include, among others, the value of purchases made, the acquisition of certain products, or participation in campaigns or promotional actions.
Points will be registered in the user's account and can be consulted in the respective reserved area. Twinkle will make reasonable efforts to ensure their correct accounting, but may correct any errors or inaccuracies that may be detected.
Accumulated points can be used to deduct from the purchase value, under the terms defined by Twinkle and available on the Website, and their use may be subject to specific conditions, namely minimum limits, order restrictions, or exclusions applicable to certain products or services. Points are valid for a period of 12 months from the date of their attribution, automatically expiring after this period.
Twinkle reserves the right, at any time, to change the criteria and conditions for awarding points, as well as the situations or events that entitle to their attribution. The Points Program is promotional in nature and does not constitute an acquired right of the user. Twinkle may, at any time, modify, suspend, or terminate the Points Program, totally or partially, upon prior notice with reasonable advance notice, and, in case of termination, may define a period during which accumulated points can still be used.
Twinkle also reserves the right to suspend or cancel the attribution or use of points in case of abusive, fraudulent use or use contrary to these Terms and Conditions, as well as to cancel unduly attributed points.
Points have no monetary value and are not convertible into cash, unless expressly stated otherwise. Unless otherwise indicated, points are personal and non-transferable and cannot be assigned to third parties.
11. Our products
We have made every effort to provide an accurate representation of our products on the Website. However, please note that the colors or appearance of the product may be presented differently depending on the type and settings of your device. Additionally, the final appearance of the products may differ slightly from the images presented on the Website. Product images are for illustrative purposes only and are not contractual or binding. While we make every effort to display colors accurately, we cannot guarantee that they will be reproduced exactly as they are. The final product packaging may differ from that shown in the images on our Website. All product descriptions are subject to change at any time, without prior notice, at our sole discretion. We reserve the right to discontinue the availability of any product on the Website at any time. Furthermore, we may modify a product to incorporate changes required by law or by administrative/judicial decisions.
12. Warranty of our products
If a product is not in conformity with what was contracted, namely due to defects or not corresponding to the agreed characteristics, the buyer must communicate such situation to Twinkle within 2 years from the delivery date.
Once the non-conformity is verified, Twinkle will proceed, as it deems appropriate, to repair or replace the product, or, when this is not possible or proves disproportionate, to another suitable solution, including a refund of the price paid.
Defects or damages resulting from normal wear and tear, misuse, improper handling, negligence or use not in accordance with the provided instructions are not covered by this warranty.
For the purpose of exercising their rights, the buyer must contact Twinkle through the means indicated in section 3 above, providing sufficient information to allow identification of the order and the product in question. Twinkle will indicate the procedures to follow.
Unless otherwise indicated, returned products must be sent appropriately, remaining under the buyer's responsibility until their receipt by Twinkle.
Twinkle will not be responsible for damages occurring during return shipping when it is not organized or insured by Twinkle itself. If, after verification, it is found that the product has additional damages not initially reported and attributable to inadequate transport or handling by the buyer, Twinkle reserves the right not to bear the corresponding loss of value.
13. Liability
Twinkle is not responsible for any damages resulting from acts or omissions of the buyer, nor for personal injuries or material damages arising from incorrect, improper, or non-compliant use of the products purchased through the Website. Without prejudice to the applicable law, Twinkle's liability is limited to direct damages demonstrably caused by wilful misconduct or negligence, and in no case includes loss of profit, loss of savings, or any indirect or consequential damages. Nothing in these Terms and Conditions excludes or limits Twinkle's liability for damages caused to life, physical or moral integrity, or health of individuals, nor any other liability whose exclusion or limitation is legally inadmissible.
Twinkle will not be liable for any breach or delay in the fulfillment of obligations arising from these Terms and Conditions when such results from force majeure events, understood as unpredictable or unavoidable circumstances beyond our reasonable control, including, by way of example, strikes, social unrest, riots, acts of terrorism or threats thereof, armed conflicts (declared or undeclared), fires, explosions, adverse weather phenomena, floods, earthquakes, epidemics, pandemics or other natural disasters.
14. How we process your personal data
We only process your personal data in accordance with our Privacy Policy and our Cookies Policy. Please read them carefully.
15. About these Terms and Conditions
These Terms and Conditions apply to all orders placed from the date mentioned at the end of these Terms and Conditions.
This agreement is made between Twinkle and the indicated person (individual or legal entity). Neither party may assign to third parties any rights or obligations arising therefrom, nor assign its contractual position under the same, without the other party's authorization.
These Terms and Conditions and any additional document expressly referred to herein constitute, together with the information provided to you during the order in question, the entire agreement between the parties, and there are no additional statements, warranties, agreements or undertakings, express or implied, of any nature, type or form, by either party, except as explicitly provided in these Terms and Conditions. These Terms and Conditions supersede any and all agreements, whether verbal or written, between the parties regarding the subject matter hereof.
Should any of the provisions of these Terms and Conditions be declared invalid or unenforceable, such declaration will not affect the remaining Terms and Conditions, which will remain in full force and effect, unless otherwise required by applicable law.
If any of the parties does not demand compliance with any of the provisions of these Terms and Conditions at a given time, this does not imply or can be interpreted as a modification, in whole or in part, of the same, nor as a waiver of their right to demand compliance in the future.
16. Amendment to these Terms and Conditions
Twinkle reserves the right to amend, in whole or in part, these Terms and Conditions, which will be communicated to users through the means made available to us. If the proposed changes substantially modify the applicable Terms and Conditions, your acceptance will be required for them to remain binding. Any changes to the Terms and Conditions will not affect orders you have already placed.
17. Applicable law and jurisdiction
These Terms and Conditions are governed by Portuguese law, excluding the United Nations Convention on Contracts for the International Sale of Goods. Without prejudice to the applicable mandatory legal provisions, for the resolution of any disputes arising from the interpretation, validity or execution of these Terms and Conditions, the court of the district of Twinkle's registered office shall have jurisdiction.
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