1. Commercial policy

1.1 The "seller" Dolphins & Sharks, Lda, the company that owns the MALVI brand, with its registered office at Travessa da Devezinha, n.65, 4610-414 Felgueiras, offers its products for sale on the website malviofficial.com.

1.2 These general terms and conditions of sale exclusively govern the offer, transmission and acceptance of orders placed on malviofficial.com between consumers of the MALVI online store (malviofficial.com) and the Seller (Dolphins & sharks, Lda).

1.3 The "professional" must provide Dolphins & Sharks, Lda, the company that owns the MALVI brand, with a correct and complete email address or other contact information, and accepts that Dolphins & Sharks, Lda, the company that owns the MALVI brand, may contact them using this information if necessary.

  1. How to order

2.1 To order from malviofficial.com, the user must have an email account and their browser must be configured to accept cookies and pop-ups, in order to allow full use of the navigation features of the MALVI online store.

Placing an order at malviofficial.com is easy:

  1. Find the products you wish to purchase;
  2. Add the selected products to your Shopping Cart;
  3. Complete the purchase (provide the delivery address and the billing address);
  4. Select your payment option and accept the Terms and Conditions;
  5. Review your order before shipping it;
  6. Submit the order;
  7. You will receive an order confirmation by email;
  8. Make the payment for your order using one of the available payment methods.

Your order will be registered in the system when you select the "Pay Securely" button at the end of the purchase process.

When Dolphins & Sharks, Ltd., the company that owns the MALVI brand, receives your order, a message with your order number and all the details will appear on the screen. The purchase agreement is finalized at that moment.

An order confirmation has been sent to your email. We suggest you print or download this copy for future reference.

We reserve the right to refuse your order, or to cancel it even after automatic confirmation.

By submitting the order form, you are accepting the general terms and conditions of purchase, as well as other conditions existing on malviofficial.com, through links, including the general terms and conditions of use.

Dolphins & Sharks, Lda, the company that owns the MALVI brand, may not process orders that do not have sufficient guarantee of payment, when orders are incomplete or incorrect, or when the ordered products are no longer available. In these cases, we will inform the customer by email that the sales contract has not been concluded and that we will not proceed with the sale, specifying the reasons for this.

If the products shown in the online store are no longer available at the time of your last access or when the order is received in our system, Dolphins & Sharks, Lda, the company that owns the MALVI brand, will inform you of their unavailability within 48 hours of receiving the order.

If an order has been placed and payment made for products that are no longer available, Dolphins & Sharks, Lda, the company that owns the MALVI brand, will contact the customer to inform them of the situation and agree on the procedures to follow; ultimately, the company will refund the money paid for the unavailable items using the same payment method used by the customer.

2.2 Right to refuse the order or cancel the purchase

Dolphins & Sharks, Lda, the company that owns the MALVI brand, reserves the right to refuse any order for any reason. We also reserve the right to cancel any purchase (even if it has already been accepted by us), (among others) in the following situations, without liability for any damages or costs:

  • The product is no longer available/in stock (payments will be refunded);
  • The billing information is incorrect or unverifiable.
  • The order is flagged by our Security Systems as an incorrect order or an order susceptible to fraud;
  • We have not received the payment transfer for your order within 5 days of its acceptance.
  • If you suspect you are under 16 years old;
  • If you are suspected of being a reseller;
  • There is an error in the price quote;
  • Delivery to the indicated address was not possible.

2.3 Data Verification

After receiving the order, we can perform some checks on it before preparing it.

These checks may include address verification, creditworthiness checks, and fraud checks. Regarding fraud checks, we perform partially automated checks on all orders to filter out unusual, suspicious, or identified as potentially fraudulent transactions. Suspected fraud will be investigated and, if necessary, prosecuted. By confirming your order, you agree to these terms and conditions.

  1. Product Guarantees and Price Indication

3.1 Payment Methods

You can find details about the available payment methods in the Help/FAQ section of the website. We do not accept any other payment methods besides those mentioned. Please do not attempt to pay by any other means not specified. If you do so, we cannot be held responsible for any loss of payment or any other damages that may result.

3.2 Payment processing

If you pay by credit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. In this case, all details (e.g., card number or expiry date) will be sent via encrypted protocol to the company providing remote electronic payment services, without third parties having access to the transmitted information. This information will not be used by Dolphins & Sharks, Lda, the company that owns the MALVI brand, except to carry out the necessary procedures for the purchase or refund, in the case of returns, in accordance with the exercise of the right of return, or for reporting cases of fraud to the police. The purchase price of the products and the shipping costs, as indicated on the order form, will be charged to your current account when the purchased products are actually shipped.

  1. Order security

4.1 The malviofficial.com store uses one of the most robust security technologies among available encryption platforms.

Your payment information will be encrypted from the moment you enter it until your transaction is processed and will not be saved on a public server. Although we use encryption software, the security of information and payments transmitted over the Internet or via email cannot be guaranteed. Dolphins & Sharks, Lda, the company that owns the MALVI brand, cannot be held liable for any damage suffered as a result of the use of electronic means of communication, including, but not limited to, damages arising from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties, or computer programs used for communications or virus transmissions.

If you choose to pay by Multibanco Reference, we will begin processing your order after receiving payment. This may take several days. If we have not received any payment within 5 days of placing the order, it will be cancelled. Payments can only be processed if the billing information can be verified.

  1. Reservation of Ownership

5.1 Dolphins & Sharks, Ltd., the company that owns the MALVI brand, retains ownership of the company's products until it has received full payment for all such products.

  1. Prices

6.1 The prices of the products displayed on the website include Value Added Tax (ICMS). Shipping fees are applied per order. The exact shipping fee will depend on the country and geographical location where your order will be delivered. For additional information on shipping fees by country, please consult the Help/FAQ section of the website.

6.2 Prices are shown in euros. Please note that changing the delivery country may affect prices due to shipping costs.

6.3 The total price specified in the final checkout menu includes taxes and shipping costs. Prices are quoted on the order confirmation, which you can print or download for future reference. Please pay only the exact amount specified on the order confirmation and make individual payments per order.

6.4 Price changes

The prices of products shown on the website are subject to change. Dolphins & Sharks, Lda, the company that owns the MALVI brand, reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.

6.5 Pricing Errors

Please note that even though the website is updated accurately, it is possible that the price information on the site may contain errors. Dolphins & Sharks, Lda, the company that owns the MALVI brand, is not bound by the offer and reserves the right to cancel your order in the event of such an error.

  1. Quality and Guarantee

7.1 Dolphins & Sharks, Lda, the company that owns the MALVI brand, does not sell second-hand, defective, or substandard products. The main characteristics of each product shown on malviofficial.com can be found on each product page.

The products offered for sale on the malviofficial.com website may not exactly match the physical items in terms of image and colors, due to the internet browser and monitor used. All products have an identification label. Do not remove the label from the purchased product if you wish to return it. If you decide to exercise your right to return the purchased products, Dolphins & Sharks, Lda, the company that owns the MALVI brand, has the right to refuse the return of products that are returned without the label, or that have been altered from their original state, or damaged.

  1. Shipping & Delivery

8.1 Delivery

We deliver products Monday through Friday from 9 AM to 7 PM. We do not ship on certain holidays.

If there is no one to receive the package, it will be sent to the nearest CTT post office to the original delivery address. In this situation, the carrier will leave a notice with the necessary procedures to claim your order.

This service does not include scheduling or appointment options, therefore the order will be delivered without prior contact from the carrier. We do not guarantee this delivery time during promotional periods, sales, Christmas, and stock shortages.

A delivery is considered complete, or a product is considered delivered, upon signature of the delivery receipt at the agreed address.

8.2 Shipping Times

As soon as Dolphins & Sharks, Lda, the company that owns the MALVI brand, is notified of payment for your order, it will make every effort to ship it on the next business day (weekends and holidays are not considered business days). However, it reserves the right to ship within a maximum period of 5 days (except in extraordinary situations such as promotions, sales, Christmas and stock shortages). Although we normally proceed in this way, we cannot guarantee timely delivery.

8.3 Partial Deliveries

We do not make partial deliveries of orders. If any product in the order is unavailable at the time of dispatch (for any of the reasons mentioned above), we will contact the customer via email to address the situation individually.

8.4 Inspection at the time of delivery

Upon delivery, the customer must inspect the packaging for any damage. If the products are found to be damaged, the customer should not accept delivery of the order, which will be returned. Dolphins & Sharks, Lda, the company that owns the MALVI brand, will refund the amounts paid for the order and shipping as soon as the warehouse receives and completes the return process.

Any claim regarding non-receipt of an order must be made within a maximum of 30 days from the date the order was placed. After this period, Dolphins & Sharks, Lda, the company that owns the MALVI brand, cannot be held responsible for its loss in transit.

8.5 Delivery Fees (Shipping)

See the Shipping page.

  1. Returns & Cancellations

9.1 Order cancellation before shipment

The customer can cancel the order, provided it has not yet been shipped. If the customer places an order and wishes to cancel it, they should first check its status through the Order History option, available in the Customer Area, located in the upper right corner of the website's main page. If the order status mentions "In payment" or "In preparation," it may still be possible to cancel it. However, the customer must contact our Customer Service and request the cancellation of their order. If this request is successful, the customer will be notified by email of this decision, and the cancellation will be processed at no cost to the customer. If the products have already been shipped, the cancellation request is not possible; if, upon receiving the products, the customer maintains their intention to cancel, they must refuse delivery. The products will be returned, and after receipt, the refund will be processed.

9.2 Return of defective products

The customer has the right to return delivered products if they are found to be defective or otherwise inconsistent with the ordered products. Returns can be made within 14 days of receiving the order, and the product must retain its identification tag. If the claim is justified, the user will be reimbursed for the price and shipping costs. For more information on how to proceed with a return and refund information, please consult the Help/FAQ section of the website.

9.3 Product returns due to change of mind

If for any reason you are not satisfied with the products you ordered, you may return them within 14 calendar days of receipt, provided that:

  • They must not have been washed or used;
  • The product retains its original characteristics and the packaging is not damaged (carefully opened packaging will not be considered damaged);
  • The product is complete (e.g., all items in a towel set must be returned);

You cannot return:

  • Products that have been tampered with but still retain their identification label;
  • Customized products.

For more information on how to proceed with returns and refunds, please consult the Help/FAQ section of the website.

9.4 Product exchange

To exchange an item for another, you must contact us indicating this intention. The original product must be returned to the carrier at the time of delivery of the new product. For more information, please consult the Help/FAQ section of the website.

9.5 Refund Information

If your return is justified by a defect or non-conformity with the ordered products, Dolphins & Sharks, Lda, the company that owns the MALVI brand, will cover the shipping and return costs. If your return is for reasons other than a justified defect or non-conformity of the ordered products, Dolphins & Sharks, Lda, the company that owns the MALVI brand, will not reimburse the shipping costs. However, when making a return, you will be using our transport provider. As the costs incurred by Dolphins & Sharks, Lda, the company that owns the MALVI brand, to process the return are equal to the shipping costs, Dolphins & Sharks, Lda, the company that owns the MALVI brand, will not reimburse the shipping costs initially paid by the customer for the respective order.

The refund will be processed using the same payment method you used to place the order. If you paid via Multibanco reference, you will be asked for your IBAN by email for the refund.

For additional information regarding the return process and refund times, please consult the Help/FAQ section of the website.

  1. Customer Support

10.1 For further information, you can contact us by email at info@malviofficial.com or by telephone at the following number +351 252 941 091.

  1. Terms and conditions apply to Promotional Codes (discounts)

11.1 When used in accordance with the established rules, a promotional code enables the user to benefit from a promotion/discount related to the purchase of a specific product or a set of products, during the period indicated/associated with the promotional code/promotional campaign.

11.2 Promotional codes can only be used for online purchases made on the website. The sale, exchange, or donation of a promotional code is not permitted. The customer holding the promotional code may not upload or make available a promotional code on any website or other public form of gifting, donation, sale, or exchange. The use of promotional codes for commercial purposes is not permitted.

11.3 The use of the promotional code is limited to one use per product and per order. Promotional codes cannot be combined with any other promotions or special offers.

11.5 Promotional codes are not redeemable/convertible into cash.

11.6 Dolphins & Sharks, Lda, the company that owns the MALVI brand, has no obligation to reissue or refund promotional codes. However, if Dolphins & Sharks, Lda, the company that owns the MALVI brand, decides to reissue or refund a promotional code, it needs access to the original promotional code. Therefore, you must keep a copy of your promotional code, as otherwise it cannot be reissued or replaced if lost.

11.7 In cases where Dolphins & Sharks, Lda, the company that owns the MALVI brand, reissues/refunds the promotional code, the discount of that value can only be applied to a purchase of equal or greater value than the purchase in which the discount/promotional code was issued.

11.8 Without prejudice to any other rights, Dolphins & Sharks, Lda, the company that owns the MALVI brand, may have the right to immediately invalidate the promotional code if Dolphins & Sharks, Lda, the company that owns the MALVI brand, has reason to suspect that a promotional code is being used: in violation of the aforementioned assumptions, by usurpation, or in other cases where Dolphins & Sharks, Lda, the company that owns the MALVI brand, has reason to proceed in this way.

  1. Availability

The fulfillment of all orders placed on the website is subject to availability. Dolphins & Sharks, Lda, the company that owns the MALVI brand, attempts to ensure that all items offered for sale on the website are in stock. However, Dolphins & Sharks, Lda, the company that owns the MALVI brand, reserves the right to refuse any orders or cancel orders already confirmed for products that are no longer in stock. In these cases, Dolphins & Sharks, Lda, the company that owns the MALVI brand, will inform the customer of this fact and will proceed with a refund of the amount paid.

  1. Promotion Validity

The offers on the website are valid only for the time they are displayed on the website, unless otherwise stated on the website. Dolphins & Sharks, Lda, the company that owns the MALVI brand, is not bound by any offer if there are errors or mistakes in spelling, prices or other information on the website. Dolphins & Sharks, Lda, the company that owns the MALVI brand, reserves the right to cancel any purchase and sale made under such errors.

  1. Responsibility

14.1 Dolphins & Sharks, Lda, the company that owns the MALVI brand, will only be liable for damages suffered by the customer if such damages result from breaches attributable to the contractual obligations of Dolphins & Sharks, Lda, the company that owns the MALVI brand, towards the customer, or if the liability of Dolphins & Sharks, Lda, the company that owns the MALVI brand, results from applicable law.

14.2 If the customer has suffered damages related to the site's activity, the liability of Dolphins & Sharks, Lda, the company that owns the MALVI brand, will be limited to:

  • Damage to products belonging to Dolphins & Sharks, Ltd., the company that owns the MALVI brand, or other materials;
  • Reasonable and verifiable costs incurred by the client to determine the cause and amount of compensation attributable to the damage;
  • The maximum reimbursement for the aforementioned compensation will be (if applicable) the price of the products in question.

14.3 Dolphins & Sharks, Lda, the company that owns the MALVI brand, cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. Dolphins & Sharks, Lda, the company that owns the MALVI brand, cannot be held responsible for damages suffered by the customer as a consequence of the misuse of our products.

14.4 Dolphins & Sharks, Lda, the company that owns the MALVI brand, is not responsible for damages resulting from incorrect information on the website.

14.5 In the event that the customer suffers damages resulting from gross negligence or willful misconduct on the part of Dolphins & Sharks, Lda, the company that owns the MALVI brand, none of the limitations contained in this article shall apply.

  1. Applicable law

These general terms and conditions, and all disputes arising from or related to these general terms and conditions, including their validity, the use of the website, or any purchase made on the website, shall be governed by Portuguese law.

  1. Changes to the Terms & Conditions

Dolphins & Sharks, Lda, the company that owns the MALVI brand, reserves the right to change these Terms & Conditions at any time. The customer is subject to the principles and terms in effect on the date of their order, unless the law or competent authority imposes any changes to them.

  1. Information on the website

Although Dolphins & Sharks, Lda, the company that owns the MALVI brand, works with great care on its website, the information, texts, graphic documents, films, music and/or other services may contain errors or be incomplete or incorrect. Dolphins & Sharks, Lda, the company that owns the MALVI brand, cannot be held liable for any damages resulting from the use (or inability to use) of the website, including damages caused by viruses or any inaccuracy or imperfection of the information, unless such damage is the result of intent or negligence on the part of Dolphins & Sharks, Lda.

  1. Trademarks and copyrights of the website

All brand names, product names, and titles used on the website are registered trademarks or registered names of Dolphins & Sharks, Lda, a company that owns the MALVI brand, or registered trademarks and registered names of other holders. The user/customer of the website is not authorized to use or reproduce any of these registered trademarks or registered names, as this constitutes a violation of the rights of the holders.

Everything concerning the design, texts, documents, films, music and/or other services of the website, the selection and organization thereof, as well as all software compilation (including applets) and all other materials on the website are the property of Dolphins & Sharks, Lda, the company that owns the MALVI brand, and its suppliers. Users/customers are only authorized to electronically copy and print portions of the website if this is necessary to place an order on it or to use the website as a source for purchase. You/the customer are not authorized to make any other use of the website or the information and materials contained therein, including reproduction for purposes other than those described above, modification, distribution or republication. If the user/customer wishes to use information or materials from the website, they must obtain prior written authorization from Dolphins & Sharks, Lda.

  1. General Data Protection Regulation

The user authorizes the processing of personal data provided through the purchase order, in particular, through the use of cookies, under the terms set forth in the Legal Notices.

  1. Online dispute resolution

The Online Dispute Resolution website is an official website run by the European Commission dedicated to helping consumers and traders resolve their disputes out of court.

Lisbon Consumer Conflict Arbitration Center

http://www.centroarbitragemlisboa.pt

Consumer Conflict Arbitration Center of the Ave Valley/Arbitration Court

http://www.triave.pt

CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)

http://www.ciab.pt

CNIACC – National Center for Information and Arbitration of Consumer Disputes

http://www.arbitragemdeconsumo.org

Consumer Conflict Arbitration Center of the District of Coimbra

http://www.centrodearbitragemdecoimbra.com

Algarve Consumer Dispute Information, Mediation and Arbitration Center

http://www.consumoalgarve.pt

Porto Consumer Information and Arbitration Center

http://www.cicap.pt

European Online Dispute Resolution Platform

https://webgate.ec.europa.eu