Terms and Conditions
1. Scope and Object
1.1. These General Terms of Sale regulate access to and use of the website www.brincatoys.pt, as well as all commercial transactions carried out between Brincadeiras ao Cubo, Comércio de Jogos e Brinquedos, Lda., VAT number 510204538, headquartered at Marina Plaza, Daytona Beach Building, Block 27-A, Shop 79, 8125-401 Quarteira (hereinafter “Seller” or “Brincatoys”), and the user making the purchase (hereinafter “Customer”).
1.2. All contractual relations between the Seller and the Customer are governed exclusively by these Terms and by the applicable Portuguese law, prevailing over any others unless expressly agreed otherwise.
2. Changes to Terms and Conditions
Brincatoys reserves the right to review and modify these Terms at any time without prior notice. Changes take immediate effect upon publication on the website and do not affect orders already confirmed.
3. Product and Price Information
3.1. Products: Photographs and descriptions aim to be accurate but are for illustrative purposes only and do not constitute a contractual commitment. Minor variations may occur due to manufacturer updates.
3.2. Prices: Prices are in euros (€) and include VAT. Shipping costs are indicated before order completion and are added to the total.
3.3. Errors: In case of an obvious pricing error, the Customer will be contacted to confirm the order at the correct price or to cancel with a full refund. If contact is not possible, the order will be cancelled and the amount paid refunded.
4. Ordering and Payment Process
4.1. Placing the Order: The Customer adds products to the cart, fills in the requested details, chooses shipping/payment, and completes by clicking “Confirm Payment”.
4.2. Payment Methods: Brincatoys offers the following methods (mostly processed by Ifthenpay):
- Multibanco Reference: 24-hour payment deadline.
- MB Way: confirmation within up to 4 minutes.
- Payshop: payment by reference at an authorised agent.
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Credit Card (Visa/Mastercard/Maestro): secure processing (SSL); the Seller does not access card data.
Credit card payment is simple and secure. Your data is not stored in any database; it is only sent encrypted directly to the bank's virtual POS, using SSL technology (a cryptographic protocol used to establish a secure connection between your computer and the bank).
After completing the purchase process, you will be redirected to a secure page by "STRIPE". Here, the customer enters their card details and makes the payment for their purchases. Once the data is validated and authorised by the issuing bank, the transaction is completed.
The VISA / Mastercard card payment system operates through a dedicated page, with maximum security service provided by the banking entity "STRIPE”. Thus, the merchant does not have access to card data at any stage of the payment.
- Apple Pay and Google Pay: via digital wallets.
- iDEAL: an online payment method for direct and secure bank transfers, popular in the Netherlands. The payment system operates through a dedicated page, with maximum security service provided by the banking entity "STRIPE”. Thus, the merchant does not have access to card data at any stage of the payment. The gateway securely sends the payment to the bank.
- To use it, select iDEAL at checkout, choose your bank, and you will be redirected to your online bank to log in and confirm the payment.
- Bancontact: The payment system operates through a dedicated page, with maximum security service provided by the banking entity "STRIPE”. Thus, the merchant does not have access to card data at any stage of the payment. The gateway securely sends the payment to the bank. The bank applies 3D Secure (3DS) for identity verification and authorisation. Afterwards, STET, a clearing and settlement system, processes the payment.
- Bank Transfer: 48-hour deadline. IBAN: PT50001800033778641502055; BIC/SWIFT: TOTAPTPL.
4.3. Confirmation: The order is considered placed after full payment confirmation (products and shipping). Failure to pay within the indicated deadlines may result in cancellation and does not guarantee stock availability.
5. Stock and Availability
Stock is shared between the online store and physical store. Shortages may occur due to simultaneous purchases or update delays. If a product becomes unavailable after purchase, the Customer will be contacted for partial/total cancellation with refund or alternative solution.
6. Invoicing
The invoice is issued after payment confirmation and sent by email upon dispatch. To include a VAT number, please provide it at checkout; without a VAT number, the invoice will be issued as “Final Consumer”.
7. Deliveries
7.1. Delivery Address: Delivery is made to the address provided by the Customer. It is the Customer's responsibility to ensure the accuracy of the details (name, full address, contact). The Seller is not liable for errors/omissions by the Customer.
7.2. Deadlines and Costs: Shipments are generally ensured by CTT Expresso. Deadlines are estimates and vary by destination and weight. Delays beyond the Seller's control do not entitle compensation.
7.3. Verification on Delivery: Check the condition of the packaging upon delivery; in case of visible damage, note it on the carrier's delivery note and inform us within 24 hours.
7.4. Undelivered Deliveries: If the recipient is absent, the order may be redirected to a collection point or returned. Return and reshipping costs are borne by the Customer.
8. In-Store Pickup
8.1. The Customer may choose to collect the order at the physical store. Payment is made exclusively online at the time of purchase.
8.2. The Customer will be notified by email when the order is ready. The collection period is 30 days after notification; after this period, the order is cancelled and the amount refunded.
9. Right of Withdrawal and Returns
9.1. Period: 30 consecutive days from physical possession of the goods, a more favourable condition than the legal minimum of 14 days.
9.2. Exercise: Communicate the decision by an unequivocal statement (email to geral@brincatoys.pt, website form or letter).
9.3. Conditions: Items intact, unused, with all components and in original packaging.
9.4. Costs: Shipping costs for sending and returning are borne by the Customer and will be deducted from the refund, in the case of shipping, and, when applicable, in the return.
9.5. Refund: Within 14 days after receipt and inspection of returned goods, by the same payment method (or bank transfer if necessary). The Seller may withhold the refund until receiving the goods or proof of dispatch.
9.6. Exceptions: Without prejudice to others provided by law, sealed goods not suitable for return for health/hygiene reasons once opened after delivery, audio/video recordings and sealed software after breaking the seal, and digital content not supplied on a tangible medium after commencement with prior consent are excluded.
10. Warranty and Conformity of Goods
10.1. Under applicable law (including DL no. 84/2021), goods have a 3-year legal conformity warranty from delivery.
10.2. In case of non-conformity, the Customer is entitled, free of charge, to repair or replacement, price reduction, or contract termination, in this order and according to legal conditions.
10.3. To claim the warranty, contact the Seller and present the invoice. The warranty does not cover damage from misuse, normal wear, unauthorised interventions, or failure to follow manufacturer instructions.
11. Personal Data Protection
The processing of personal data is governed by our Privacy Policy, in compliance with the GDPR.
12. Intellectual Property
All content on the website www.brincatoys.pt (texts, images, design, logos) is the property of Brincatoys and protected by copyright. Use without authorisation is prohibited, except for private use permitted by law.
13. Alternative Dispute Resolution (ADR)
13.1. In case of dispute, the Customer may resort to a Consumer Alternative Dispute Resolution Entity.
13.2. Competent entity for the area of the headquarters: CIMAAL — Centre for Information, Mediation and Arbitration of Consumer Conflicts of the Algarve, consumoalgarve.pt.
13.3. European Online Dispute Resolution Platform (ODR): ec.europa.eu/consumers/odr.
14. Applicable Law and Jurisdiction
Portuguese law applies. Without prejudice to recourse to ADR entities, the competent court is the Judicial Court of the District of Faro, without prejudice to mandatory consumer protection rules regarding the court of their domicile.