General Terms and Conditions of Sale
This is an English translation of the Portuguese original. In the event of any discrepancy between the two versions, the Portuguese version prevails. Read the Portuguese original (PDF).
1. Ownership of the www.mdist.pt domain
The website www.mdist.pt is registered under the "Regulamento do registo de domínios/ subdomínios de .PT" (Regulation on the registration of .PT domains/subdomains), under legal deposit no. ______/_______ and is owned by M DIST DIRECT, Lda. a private limited liability company registered with the Commercial Registry Office of Leiria under single registration and legal person identification number 515603481, with a share capital of € 5.000,00 and registered office at Beco do Brejo S/N, Cave, Lagoeiros Marrazes 2415-315 Leiria (hereinafter referred to as “M DIST DIRECT”).
For any clarification relating to the website www.mdist.pt or to these General Terms and Conditions of Contract and Use (GTCU), you may contact the M DIST DIRECT Customer Support Service through any of the following means:
- Email: [email protected]
- Letter: M DIST DIRECT, Lda, Beco do Brejo S/N, Cave, Lagoeiros Marrazes, 2415-315 Leiria
- Telephone: +351244815036 (call to a national mobile network) from 09:00 to 19:00, Monday to Friday.
2. Purpose and scope of application
These General Terms and Conditions of Contract and Use apply to visitors of the website www.mdist.pt (hereinafter the User) and likewise to any transactions of a commercial nature carried out by the Customer through the online shop at www.mdist.pt.
Browsing the website, as well as purchasing any product in the online shop at www.mdist.pt, implies acceptance of these General Terms and Conditions of Contract and Use by the User and by the Customer.
M DIST DIRECT reserves the right to amend these General Terms and Conditions of Contract and Use without prior notice, any amendments being published on the website www.mdist.pt. Amendments to these General Terms and Conditions of Contract and Use shall apply only to orders placed after their date of publication on www.mdsit.pt
3. Information on content
The reproduction, transfer, distribution or storage of the content of the website www.mdsit.pt without prior written authorisation granted by M DIST DIRECT is prohibited for any purpose other than strictly personal use.
M DIST DIRECT reserves the right to modify at any time the information and commercial offer presented in respect of: Products, prices, promotions, commercial conditions and services, such amendments being applicable only to future orders and not applicable to orders in progress.
The insertion of links to this website is expressly prohibited, irrespective of the intended purpose, without the prior authorisation of M DIST DIRECT Use of the domain www.mdist.pt for abusive purposes, and without prior authorisation, may give rise to recourse by M DIST DIRECT to the competent legal remedies. Should you find on other websites links allowing access to www.mdist.pt, we inform you that M DIST DIRECT bears no responsibility either for the origin of the page or for the content published therein.
M DIST DIRECT shall assume no liability in respect of advertisements and campaigns using the M DIST DIRECT brand without being duly authorised to do so.
M DIST DIRECT shall provide information on its institutional website regarding any and all conduct of which it becomes aware concerning fraudulent conduct carried out by third parties in the name of M DIST DIRECT or which uses, in any manner, its name or image in an abusive and illegitimate way.
M DIST DIRECT conducts its dealings with customers by favouring contact through the institutional channels created for that purpose and within the domains belonging to it.
Whenever the fraudulent nature of any conduct in this context becomes known, under no circumstances should the customer who is the recipient of such conduct, information or associated messages access, confirm or enter their personal data, in particular their banking details, nor subscribe to any service proposed to them. M DIST DIRECT recommends that you DO NOT CLICK on the associated links and DO NOT ACCESS any associated external website.
With a view to protecting its customers and their personal data, M DIST DIRECT shall take all necessary measures to ensure the legitimate defence of its interests, in particular as regards the abusive use of its industrial property rights (trade mark, logo, trade name), goodwill and reputational image. Every effort has been made to ensure that the information presented here is free from typographical or writing errors and, whenever these occur, M DIST DIRECT shall proceed with their correction as soon as possible.
The photographs presented on the website are merely illustrative, a specimen of the product to be purchased being shown. M DIST DIRECT recommends that the Customer consult the detailed product description in order to obtain complete information about its characteristics.
The information, content, statements or expressions contained in the texts of the items marketed on the website www.mdist.pt are authored by the publishers, manufacturers and distributors of the items in question. In any event, the Customer may exercise their rights against M DIST DIRECT under the applicable legal terms.
Should the information presented not correspond to the actual characteristics of the product, the Customer is entitled to terminate the contract of sale under the applicable legal terms
All Products identified on the website www.mdist.pt are subject to stock availability. Despite its efforts, some Products may display an incorrect price, which is why M DIST DIRECT checks prices whenever it processes orders. If the price of the product is lower than the advertised price, M DIST DIRECT shall refund the difference. If the price is higher, M DIST DIRECT shall cancel the order, informing the Customer by email, and shall await their decision to accept the new offer at the correct price or to proceed with a refund of the amount, within 14 days from the date on which this was communicated to the Customer.
It may also occur that the price of the products displayed on the website www.mdist.pt does not correspond to the actual price - the effective price of the product - due to a programming error. In such circumstances, M DIST DIRECT shall take the necessary measures to correct it and to communicate this to the customer.
In automated media purchases (Google Shopping, comparison sites, etc.), we inform you that the product feeds made available are updated daily, so it may happen that the price shown in the campaign does not correspond to the price on the website, and we therefore advise that the price made available on www.mdist.pt should always be checked.
All contractual information is written in the Portuguese language, as is the information on the items, communications by email and the formalisation of the sale.
4. Intellectual and industrial property
All texts, comments, works, illustrations and images reproduced or represented on the website www.mdist.pt are duly protected by the respective copyright, worldwide. Accordingly, and pursuant to the Código do Direito de Autor e dos Direitos Conexos (the Portuguese Copyright and Related Rights Code), their use shall be authorised only for private purposes, without prejudice to more restrictive provisions contained in the said Code. Any total or partial reproduction or representation of the website www.mdist.pt or of all or part of the elements included therein is strictly prohibited, under penalty of recourse to the competent legal remedies against anyone acting in that manner.
The corporate names, trade marks, as well as any distinctive signs reproduced on the website www.mdist.pt are protected under the legal provisions applicable to industrial property. The reproduction or representation of all or part of these distinctive signs is strictly prohibited and must be the subject of prior written authorisation from the respective holders. Certain Products such as computer programs (software) are subject to personal and specific rights of use governing their copying, public dissemination and rental. The Customer must comply with the general terms and conditions of sale of these Products, M DIST DIRECT not being liable for any improper use made of them.
M DIST DIRECT uses protected third-party rights (trade marks, names, logos or company and service names) only after the respective authorisation of their holder.
5. Liability and cases of force majeure
All Products marketed on the website www.mdist.pt comply with Portuguese law.
M DIST DIRECT declines any liability in the event of a breach of the law of the country where the order is delivered. It is incumbent upon the Customer to check with the local authorities the conditions for importing or using the Products they intend to order.
M DIST DIRECT is not liable for damages arising from any interference, interruptions, computer viruses, faults or disconnections of the operating system resulting from an event of force majeure and which may temporarily prevent access, browsing or the provision of services to Users.
M DIST DIRECT is not liable for situations of fortuitous event or reasons of force majeure resulting from unforeseen events or natural forces beyond human action, which cannot be avoided, or situations which create the impossibility of performing the obligation and which cannot be imputed or attributed to M DIST DIRECT, in particular in situations such as natural disasters, terrorist attacks, war, epidemics, among others. Whenever this occurs, M DIST DIRECT shall take the necessary measures to inform customers, immediately and as soon as it becomes aware thereof, of the circumstances and foreseeable consequences of such impossibility.
6. Obligations of Customers and Users
The Customer and the User undertake to comply with and to observe these General Terms and Conditions of Contract and Use, in particular:
To refrain from introducing, storing or disseminating through the website content that is defamatory, obscene, insulting, xenophobic and/or of any other nature that infringes the general principles of law and public order;
To keep, and not to disclose, their password for accessing the website so as to prevent third parties from accessing their account on www.mdist.pt
Not to use false identities;
To provide correct personal data and addresses so that M DIST DIRECT can duly process the orders.
Users are therefore expressly prohibited from transmitting insulting, misleading, defamatory or obscene messages or information, or messages or information which infringe, in any manner, the right to privacy or the intellectual or industrial property of third parties, as well as from making available any information which may be harmful to third parties or to the owner of the website.
M DIST DIRECT reserves the right to delete the account of any user who fails to comply with any of the Obligations mentioned.
The Customer is responsible for the accuracy of the data communicated to M DIST DIRECT and undertakes to enter immediately into their M DIST DIRECT Registration Account on the website www.mdist.pt any changes thereto.
M DIST DIRECT declines any liability for any delay in or impossibility of processing the order, in particular at the moment of delivery, resulting from an error in or insufficiency of the data communicated by the Customer.
7. Privacy Policy
(a) Identification of the data controller
Company: M DIST DIRECT (hereinafter “M DIST DIRECT”)
Registered office: Beco do Brejo S/N, Cave, Lagoeiros Marrazes 2415-315 Leiria
NIPC: 515603481
Contact for the data protection officer: [email protected]
(b) Information and consent
Lei n.º 58/2019, of 8 August 2019 (the Portuguese Data Protection Act, which ensures the implementation, in the national legal order, of Regulation (EU) 2016/679 of the Parliament and of the Council, of 27 April 2016) and the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, hereinafter “GDPR”) ensure the protection of natural persons with regard to the processing of personal data and the free movement of such data.
Under the law, "personal data" is considered to be any information, of any nature and irrespective of its medium, including sound and image, relating to an identified or identifiable natural person, and therefore the protection does not cover data of legal persons.
By accepting this Privacy Policy, the user gives their informed, express, free and unequivocal consent for the personal data provided through the website https://www.mdist.pt/ to be included in a file for which M DIST DIRECT is responsible, the processing of which complies with appropriate technical and organisational security measures.
M DIST DIRECT maintains a database containing the records of its customers. The data in this database are solely the data provided by the customers themselves at the time of their registration, being collected and processed automatically by M DIST DIRECT, the entity responsible for the corresponding file. Under no circumstances shall information be requested regarding philosophical or political convictions, party or trade union membership, religious faith, private life and racial or ethnic origin, nor data relating to health and sexual life, including genetic data.
Under no circumstances shall we carry out any of the following activities with the personal data provided to us through this website:
Transfer them to other persons or other entities, without the prior consent of the data subject;
Transfer them outside the European Economic Area (EEA), without the prior consent of the data subject.
(c) Purposes of the processing of personal data
The personal data we process through this page shall be used solely for the following purposes:
(i) Performance and management of a contract of sale or of provision of services;
(ii) Processing of orders;
(iii) Communication with customers and clarification of queries;
(iv) Processing of requests for information;
(v) Processing of complaints, Regulatory Proceedings, pre-litigation Proceedings or the exercise of rights in judicial proceedings;
(vi) Statistical analysis activities;
(vii) Verifying, maintaining and developing systems and statistical analyses;
(viii) Direct marketing communications (where you have consented to the processing of your personal data for this purpose);
(ix) Prevention of and combating fraud;
(x) Requesting reviews of products or services purchased;
(xi) Conducting satisfaction surveys. (xii) Management and Performance of the Process of Purchase and Sale of Second-Hand Items.
M DIST DIRECT guarantees the confidentiality of all data provided by its customers. Notwithstanding the fact that M DIST DIRECT collects and processes data in a secure manner which prevents their loss or manipulation, using the most advanced techniques for that purpose, we inform you that collection over an open network allows personal data to circulate without secure conditions, running the risk of being seen and used by unauthorised third parties.
The M DIST DIRECT Website has a chat facility in which users may ask questions and thereby make better use of the entire M DIST DIRECT offering. If users provide personal data to M DIST DIRECT through the said chat, such data shall not be used for any purpose other than that requested by the user.
Furthermore, the user consents to information relating to the service contracted with M DIST DIRECT being accessed for the purpose of being able to offer them services additional to those contracted.
At the time of the collection of personal data, save in the fields where the contrary is indicated, the user may voluntarily provide the personal data, without the failure to respond entailing a decrease in the quality or quantity of the corresponding services (unless otherwise indicated). Nevertheless, the failure to provide the data considered mandatory shall entail the impossibility of accessing the service for which the data were requested.
Should you not agree with the conditions referred to above, M DIST DIRECT shall not be able to contract with the user through its Website.
(d) Transfer of personal data
In order to be able to fulfil the purpose of this website, M DIST DIRECT shall transfer your personal data to other entities, which shall process them for the following purposes:
- Payment management and processing activities;
- Provision, management or performance of the contracted services.
The entities to which M DIST DIRECT shall transfer your personal data for processing on the terms referred to above shall be of the following nature:
- Insurance entities; • Third-party entities related to the provision, management or performance of the contracted services;
- Payment management and processing entities.
(e) Security measures
M DIST DIRECT declares that it has implemented and shall continue to implement the technical and organisational security measures necessary to guarantee the security of the personal data provided to it, with a view to preventing their alteration, loss, unauthorised processing and/or access, taking into account the current state of technology, the nature of the data stored and the risks to which they are exposed.
M DIST DIRECT guarantees the confidentiality of all data provided by its customers, whether upon registration or in the process of purchasing/ordering products or services. The collection and processing of data is carried out in a secure manner which prevents their loss or manipulation. All data shall be entered on a Secure Server (128-bit SSL) which encrypts/encodes them (transforms them into a code). The user may verify that their browser is secure if the padlock symbol appears or if the address begins with https instead of http.
Personal data are processed with the level of protection legally required in order to guarantee their security and to prevent their alteration, loss, unauthorised processing or access, taking into account the state of technology, the user being aware of and accepting that security measures on the Internet are not impregnable.
M DIST DIRECT, whenever it accesses any personal data, undertakes to:
Store them by means of legally required technical and organisational security measures which guarantee their security, thereby preventing alteration, loss, unauthorised processing or access, in accordance with the state of technology at any given time, the nature of the data and the possible risks to which they are exposed;
Use the data exclusively for the purposes previously defined;
Ensure that the data are processed solely by those employees whose involvement is necessary for the provision of the service, such employees being bound by the duty of secrecy and confidentiality. Where there is the possibility of the information being disclosed to third parties, the latter must be required to observe due confidentiality in accordance with the provisions of this document. (f) Commercial and promotional communications
One of the purposes for which we process personal data provided by users is to send electronic communications containing information relating to commercial and promotional communications.
Whenever we make a communication of this kind, it shall be addressed exclusively to users who have previously and expressly authorised it.
In accordance with the provisions of Decreto-Lei n.º 7/2004, of 7 January (the Portuguese Electronic Commerce Act), should the user wish to stop receiving commercial or promotional communications from M DIST DIRECT, they may request to opt out of the service by sending an email to: [email protected]
(g) Exercise of rights
In accordance with the provisions of Lai n.º 58/2019 and of the GDPR, the user may at any time exercise their rights of access, rectification, erasure, restriction, objection and portability, by submitting a request through any of the following means:
- Post: M DIST DIRECT, Lda, Beco do Brejo S/N, Cave, Lagoeiros Marrazes, 2415-315 Leiria
- E-mail: [email protected]
- Telephone: +351244815036 (call to a national mobile network) from 09:00 to 19:00, Monday to Friday.
Should the user wish, at any time, to cease being part of the M DIST DIRECT database, they may exercise that right through these contact details, providing for that purpose the respective identification.
(h) Supervisory authority
M DIST DIRECT is registered with the Comissão Nacional de Proteção de Dados (the Portuguese National Data Protection Commission). Under the law, the data subject has the right to lodge a complaint on personal data protection matters with the competent supervisory authority, the Comissão Nacional de Proteção de Dados (CNPD).
8. Cookie Policy
This Cookie Policy forms an integral part of the Privacy Policy of https://www.mdist.pt/ (hereinafter the "Website"). Accessing and browsing the website, or using its services, implies acceptance of the terms and conditions contained in the Privacy Policy.
In order to facilitate and provide a better browsing experience through the website, M DIST DIRECT informs you that it uses Cookies or other files of similar functionality (hereinafter "Cookies").
Due to the way in which Internet communication standards operate, access to websites may involve the use of cookies. In any event, we inform you that M DIST DIRECT is responsible for the Cookies and for the processing of the data obtained through its own and third-party cookies, deciding on the purpose, content and use of the processing of the information collected.
What is a Cookie?
Cookies are files containing small amounts of information which are downloaded to the user's device when they visit a web page. Their main purpose is to recognise the user each time they access the website, also making it possible to improve quality and to offer better use of the website. In short: they aim to simplify your browsing on www.mdist.pt
Cookies are essential to the functioning of the Internet; they do not damage the user's equipment / device and, if they are enabled in the browser settings, they help to identify and resolve possible errors in the operation of the website.
Use of Cookies by M DIST DIRECT
By accessing the website, the user expressly accepts the use of this type of Cookies on their devices. If you disable Cookies, your browsing on the website may not be optimised and some of the features available on the website may not work correctly.
Specifically, M DIST DIRECT uses Cookies for the purposes set out below. If, in the future, M DIST DIRECT uses others with the aim of providing more and better services, the user shall be duly informed thereof.
Cookies Used
M DIST DIRECT Cookies Cookies created by M DIST DIRECT for the purposes of browsing the website, optimisation and personalisation of services.
Third-party cookies
Cookies created by third parties (for example: advertising agencies or partners) to identify the user's interests through the products viewed or purchased on the website and to personalise the advertising offer.
These cookies may be created while browsing our website or when the user clicks on the advertising spaces on our website.
M DIST DIRECT does not control the cookies created by advertising agencies, which act in their own name.
As part of advertising partnerships, M DIST DIRECT may transmit to partners acting on its behalf data concerning purchases and products viewed on the website. We ensure that partner companies agree to process the information collected on our website exclusively for the needs of M DIST DIRECT and in accordance with our instructions, in compliance with the legislation in force on the Protection of Personal Data, and undertake to implement appropriate measures to ensure and protect the confidentiality of the data.
Types of cookies
Various types of cookies are used on our website, and these have different purposes. Some are necessary to ensure the usability of our website.
Strictly necessary cookies
These cookies are necessary for the operation of the website. They allow the user to access the main features of our website (for example: the use of the shopping basket or access to their account). Without these cookies, our website cannot function normally. These cookies are created by M DIST DIRECT and relate solely to the operation of our website.
The "essential cookies" for the use of our website are:
Cookie name Function Basket identifier/Add to basket and complete purchase Customer identifier Session identifier Analytics cookies
These are cookies which allow us to know the use and performance of our website and to improve its operation (for example: the pages most frequently viewed, user searches on the M DIST DIRECT website, among others). These are mainly M DIST DIRECT cookies.
Functional Cookies
These are cookies which allow us to personalise the user's experience on our website (for example: to remind the user of the last products viewed, to remember the items in the basket before continuing their shopping.). They also allow the display of our personalised advice and promotional offers according to browsing (for example, if the user comes from partner websites). They may likewise serve to display selected features (for example: my favourite shop, my personalised recommendations...). These are mainly M DIST DIRECT cookies.
The main “functional cookies” are:
Advertising Cookies
These are the cookies used to display advertisements or to send information tailored to the user's interests on our website or outside our website while browsing the Internet. They are used to limit the number of times an advertisement is viewed and help to measure the effectiveness of an advertising campaign.
These cookies are mainly third-party cookies and depend mainly on advertising agencies:
Social network cookies and plug-ins (social buttons) Cookie name Function Number of items to display per page in list view Number of items to display per page in grid view List of the last items visited (20 per area) Number of items in the basket
Cookie name Function Personalised display of advertising material outside the M DIST DIRECT.pt website These social cookies are intended to allow users to share pages and content through third-party social networks. They also make it possible to target the advertising offer on social networks.
Our website also uses social plug-ins or buttons.
Social plug-ins make it possible to facilitate the sharing of pages and content of the website www.mdist.pt on the various social platforms. For example, they allow the user to "like" and share information from our website with their friends on social networks.
To that end, the plug-ins use cookies to track users' browsing, whether or not they are users of those platforms, and to check whether or not they are logged in to the social network while browsing. These cookies also make it possible to target advertising offers on those platforms.
For further information on the use of personal data in connection with social networks, the privacy policies of the third-party social networks in question may be consulted.
Cookies and machine identifiers to secure transactions
During an order, M DIST DIRECT or its service providers acting on its behalf may create cookies or collect information about the user's device, including information (technical attributes) necessary for the recognition of the equipment (computer, tablet or smartphone) for the purpose of securing transactions (prevention of fraud risks).
User settings to prevent cookies
In accordance with the legislation in force, we provide the information enabling the user to configure their browser in order to manage and maintain their privacy and security in relation to Cookies. We therefore provide information and links to the official support websites of the main browsers so that the user may decide whether or not to accept the use of Cookies.
Cookie settings may be changed in the browser preferences, following the instructions contained in the links:
- Chrome
- Firefox
- Internet Explorer
- Safari For further information on cookies, including to find out which cookies have been installed and how they may be managed and deleted, the user may access www.allaboutcookies.org. If the user does not want their visits to websites to be detected by Google Analytics, they should access http://tools.google.com/dlpage/gaoptout.
It shall be understood that the user accepts the use of cookies if they continue to browse this page without first disabling them.
9. Placing orders online
In order to make purchases through the website www.mdist.pt it is necessary to register as a Customer, by creating a personal account through the completion of a form for that purpose. Once registered, you simply need to place in the virtual shopping basket all the items you wish to purchase. You must follow all the steps of the purchase so that it is successfully completed.
M DIST DIRECT informs you that the prices charged on www.mdist.pt are exclusive to the M DIST DIRECT online shop and may differ from the prices in M DIST DIRECT physical shops, being valid only for the day on which they are advertised and for all orders placed on that date, even if received at a later time, and subject to stock availability. All promotional campaigns have specific conditions and limited stock exclusive to online sale.
Validation of the purchase order implies that the Customer has taken note of and expressly accepts these General Terms and Conditions of Contract and Use, available for consultation on the website www.mdist.pt. The data recorded by M DIST DIRECT constitute proof of the set of transactions carried out between M DIST DIRECT and the Customer. It is the responsibility of M DIST DIRECT to file the electronic document in which the contract is formalised and to keep it accessible, the same being retained for the purposes associated with the commercial transactions which have taken place.
As soon as you complete your purchase, you will receive an automatic email confirming the transaction. Should the data not be correct, you may immediately request their amendment, or even the cancellation of the purchase made.
For the purchase of the Products marketed on www.mdist.pt, M DIST DIRECT accepts the following methods of payment:
- Multibanco Reference
- Visa
- MasterCard
- PayPal
- MB WAY M DIST DIRECT authorises its current partner to intermediate the payments received both by credit card and through PayPal, or any other partner to which it may resort for the same purpose, in its replacement.
(a) Price
The sale prices indicated on the platform are in Euros, with charges and taxes not included. Delivery charges are borne by the customer and are charged at the end of the order, depending on the products selected, or depending on an agreement reached between the customer and Mdist.
Mdist reserves the right to modify prices at any time; nevertheless, it endeavours to apply the rates in force which were indicated on the platform at the time the customer placed the order.
We inform you that, if the price indicated is incorrect and is manifestly derisory, irrespective of its cause (computer bug, manual error, technical error, etc.), the order shall be cancelled, even if it has already been confirmed.
(b) Availability
Mdist observes the time limits of an order provided that there is stock availability.
However, if one of the products ordered is unavailable, Mdist undertakes to dispatch the available products and waives the "delivery charge" for the remainder of the order. Mdist asks the customer to choose, in replacement of the unavailable product, a product of equivalent quality and price. Should the customer refuse, Mdist shall refund the product.
(c) B2B and B2C deliveries
Products ordered through the M DIST DIRECT B2B platform are delivered in mainland Portugal.
Delivery costs for mainland Portugal vary according to the load and the carrier.
Your order will be delivered to the address indicated by the customer at the time of purchase. Where a product is available for purchase, the period between the moment the order is placed and the date of the carrier's first call at your address results in two possible situations:
- dispatch time (24 hours) = validation of payment + preparation of the order + delivery of the order to the carrier.
- dispatch time (48 hours) = validation of payment + preparation of the order + delivery of the order to the carrier.
We estimate that we are able to meet the effectiveness of this service in 90% of the orders placed through the platform.
These periods are to be counted in working days.
Upon receipt of your order, we recommend that you check whether the products delivered are in conformity with your order or whether they are damaged. If they are damaged, you must indicate on the delivery note - in the form of handwritten reservations - the defect(s) in question and sign it.
We recommend that you send us these reservations as quickly as possible to the email: [email protected]
M DIST DIRECT does everything possible to observe the delivery times indicated upon registration of your order. However, in the event of non-receipt of an order within the times indicated, the Customer is invited to notify M DIST DIRECT of that fact so that an investigation may be carried out. This may take several days.
Maximum period for the receipt of goods: 30 days.
10. Availability of the Products
The M DIST DIRECT Product catalogue (www.mdist.pt) is independent of the physical shops, both in terms of price and of quantities in stock. All promotional campaigns have limited stock exclusive to online sale.
M DIST DIRECT only processes an order placed by a Customer after confirmation of the respective payment, and therefore M DIST DIRECT cannot guarantee the availability of the items until the said processing begins. On the product sheet the Customer will find the estimated date for dispatch: 24h; 2 to 4 days or 1 to 2 weeks. To the estimated dispatch time must be added the transport time, which depends on the carrier chosen, as well as on the destination of the order.
M DIST DIRECT only dispatches on working days. Accordingly, neither weekends nor public holidays are counted for the estimated delivery of orders. The estimated delivery dates are merely indicative.
Should any product ordered prove to be unavailable, and after having contacted the supplier to ascertain the possibility of restocking the missing item, M DIST DIRECT shall contact the customer if the delivery time or the price of the item changes, the order only proceeding after consent has been given by the customer for that purpose.
In the event of absolute unavailability of stock of the product ordered, M DIST DIRECT may propose to the Customer the supply of a product of equivalent quality and price, if one exists, and, in this case too, the order shall only proceed after consent has been given by the customer.
In the event of absolute unavailability of stock of the product ordered, and where it is not possible to propose to the Customer any product of equivalent quality and price, or where the Customer has not given their consent to the amendment of the order initially placed, M DIST DIRECT shall refund the amounts paid by the Customer within a maximum period of 14 (fourteen) days after notification of the cancellation.
Any delay in the dispatch of items, compared with the estimated dates presented, which are merely indicative, does not entitle the Customer to any compensation.
11. Cancellations, exchanges and returns
The following terms and conditions are applicable only to purchases made on www.mdist.pt.
Right of Withdrawal
Having purchased an item on www.mdist.pt, you have a period of 14 days in which to return it, from receipt of the order, under the right of withdrawal provided for in Decreto-Lei n.º 24/2014, of 14 February (the Portuguese Distance Contracts Act). You may do so, provided that the following conditions are met:
- Presentation of the purchase invoice for the product.
- The product must be delivered in the same condition in which it was sold - without scratches, without external damage or signs of use and in perfect working order, packed in its respective original packaging and accompanied by the user manual and all its accessories.
To do so, the Customer may go to the M DIST DIRECT shop, or contact M DIST DIRECT online Customer Support, which will provide all the information about the exchange process. The Customer must not, under any circumstances, send the items to M DIST DIRECT without having made prior contact, as they will not be accepted.
Excluded from the Right of Withdrawal, within the 14-day period indicated, are contracts for:
- The supply of goods made to the Customer's specifications or clearly personalised;
- The supply of goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly;
- The supply of sealed goods which are not suitable for return, for health protection or hygiene reasons, once opened after delivery;
- The supply of goods which, after their delivery and by their nature, become inseparably mixed with other products;
- The supply of sealed audio or video recordings or computer programs from which the consumer has removed the tamper-proof seal after delivery; • The supply of a newspaper, periodical or magazine, with the exception of subscription contracts for the sending of such publications;
- The supply of digital content not supplied on a tangible medium if: i) Its performance begins with the Customer's consent; and ii) The Customer acknowledges that their consent entails the loss of the right of withdrawal.
In order to exercise their right of withdrawal, the Customer must communicate, at the M DIST DIRECT shop or to the M DIST DIRECT online Customer Support service using the contact details indicated above in Condition 7, their decision to withdraw from this contract by means of an unequivocal statement (for example, a letter sent by post or electronic mail).
In the event of exercise of the right of withdrawal, the Customer shall bear in full the costs of returning the goods, save for those which cannot be returned by normal post. In the case of the return of goods which by their nature cannot normally be returned by post, the Customer must bear the direct costs of the said return, which are associated with the shipping costs set out in the order dispatch cost table.
Return process
The Customer must return the goods without undue delay and at the latest 14 (fourteen) days from the day on which they informed M DIST DIRECT of the withdrawal from the contract, this being deemed to have been complied with if the Customer returns the goods before the expiry of that 14 (fourteen) day period.
After contacting M DIST DIRECT Customer Support and being given the return instructions, you may send us the item duly packed, with its original packaging, to the following address:
All items will be checked upon arrival at our service and only those which comply with the return conditions will be accepted for exchange or return.
The telephone support services contracted by customers are not eligible for a refund of the amounts paid.
In the event of a return, if the Customer opts for a refund of the amount, the E informs that: The refund is made by the same means of payment or in a digital gift voucher, in accordance with the wish expressed by the Customer. In the case of the return of an item paid for with a Gift Voucher, the amount will be refunded in a new digital gift voucher. In the case of payment by Multibanco, M DIST DIRECT requests that the Customer provide it with a NIB so that the return may take place more swiftly.
Should you have received damaged items or items with technical problems, M DIST DIRECT will arrange their collection at the location you indicate to us, within the same dispatch area as the original order, at no charge to the Customer.
M DIST DIRECT reserves the right not to accept items which do not comply with the return conditions.
The refund will only be made after verification of the condition of the product.
Refunds
In the event of withdrawal from the contract, the payments made will be refunded to the Customer, including the delivery costs (with the exception of the supplementary costs resulting from any choice of a delivery method other than the least expensive standard delivery method offered by M DIST DIRECT), without undue delay and, in any event, at the latest within 14 (fourteen) days from the date on which M DIST DIRECT is informed of the Customer's decision to withdraw from this contract.
With a view to greater speed in the refund process, in the case of amounts paid by Credit Card, M DIST DIRECT Card and Multibanco with the associated NIB/IBAN indicated, the refund will be made to the same means of payment. In the case of amounts paid through Multibanco without the associated NIB/IBAN indicated, or by Digital Gift Voucher, the refund will be made to a new Digital Gift Voucher, through the Customer's M DIST DIRECT registration account on www.mdist.pt, save where expressly agreed otherwise by the Customer.
Should the customer wish for another form of refund, they must, for that purpose, contact the M DIST DIRECT call centre within a maximum period of 7 (seven) days counted from the date on which M DIST DIRECT was informed of their decision to withdraw from the contract.
M DIST DIRECT hereby informs you that it may withhold the refund until it has received the returned goods, or until the customer provides proof of dispatch of the goods, whichever occurs first. Cancellation of orders
The Customer may cancel their order at any time up to its delivery, with the right to a refund of the amount paid.
Failure to pay for the order within 1 day following the date on which it was definitively placed entails its automatic cancellation.
Pursuant to the provisions of Decreto-Lei n.º 7/2004 of 7 January (as amended by Decreto-Lei n.º 62/2009, of 10 March and by Lei n.º 46/2012, of 29 August), relating to electronic commerce, M DIST DIRECT reserves the right to cancel the order unilaterally whenever there is a programming error, a malfunction of the M DIST DIRECT computers, as well as where the contractual proposal reaches its destination in a distorted form and the error concerns an essential element of the contract.
Cancellation of orders financed by credit
In the case of orders paid for by means of credit, whether partial or total, the credit agreement is automatically and simultaneously deemed terminated, without any right to compensation, in accordance with the provisions of Article 16 of DL 24/2014, of 14 February.
Collection in store of orders placed with central warehouse stock
The collection of orders for products reserved and paid for in store with stock at the central warehouse must be made within a maximum period of 30 (thirty) days, an SMS or email being sent, according to the data provided by the customer. Collection must be made upon presentation of the original receipt in the store.
Should collection not have been made by that date, M DIST DIRECT will send the customer additional notices by SMS or email, for a maximum period of 90 days.
Upon expiry of this period, M DIST DIRECT reserves the right to refund the purchase value of the product to the customer, upon presentation of the original receipt in the store.
It is incumbent upon the customer to provide the correct identification details of their mobile telephone number and email so that these conditions may be complied with, M DIST DIRECT being exempt from liability in the event of incorrect indication of the data relating to the mobile telephone number and email.
12. Warranty for Consumer Goods and After-Sales Assistance
Pursuant to the provisions of Decreto-Lei n.º 84/2021, of 18 October (the Portuguese Consumer Sales of Goods and Digital Content Act, which governs consumer rights in the sale and purchase of goods, digital content and digital services, transposing Directives (EU) 2019/771 and (EU) 2019/770.), all equipment marketed after 01/01/2022 on www.mdist.pt is covered by a conformity warranty for the goods corresponding to a period of 3 (three) years (including refurbished goods), except for second-hand goods, for which the warranty period is 18 months from their delivery to the customer, provided that the brand's warranty conditions are complied with.
Legal warranty for consumer goods: Pursuant to Decreto-Lei n.º 84/2021, of 18 October, relating to the conformity of the goods with the contract) should the Products sold not be in conformity with the contract, the Buyer is granted the rights listed in the said statute.
“Refurbished goods” means goods which have been subject to prior use or return and which, after inspection, preparation, verification and testing by a professional, are placed on the market for sale again in that capacity.
The refurbished goods marketed by M DIST DIRECT may contain compatible parts and/or non-official components (i.e., the component replaced, repaired or subject to intervention may not correspond to an original component), the legislation relating to warranties being applicable.
Commercial guarantee: Some Products may benefit from a commercial guarantee granted by the producer. Nevertheless, the rights to restoration of conformity, to a price reduction or to termination of the contract provided for in Decreto-Lei n.º 84/2021, of 18 October are not affected by the commercial guarantee. The existence of a commercial guarantee for each Product will be indicated on the Product sheet.
Should the product purchased present a defect or fault, the Customer must report the situation to M DIST DIRECT online Customer Support, providing their order number and a description of the malfunction. The costs of returning or collecting items within the warranty period will be borne by M DIST DIRECT.
After receipt of the item at the M DIST DIRECT premises, a technical verification will be carried out with the brand's representative or its official repairer and, where any lack of conformity is proven, the item will be replaced. In this case, M DIST DIRECT will replace the item and will make a new shipment to the Customer's address at no additional cost. If the technical verification detects signs of misuse, and/or any problem which may have caused the malfunction of the item (e.g.: dropping, moisture, etc.), the Customer will be contacted to state whether they wish the equipment to be repaired. In that case the item will be sent to the brand's Technical Assistance service.
In the case of goods outside the warranty period, the Customer may nevertheless wish the item to be repaired, and may therefore notify and send the defective or faulty items to M DIST DIRECT online Customer Support. The items will be analysed by the M DIST DIRECT After-Sales Service, in conjunction with the brand's Technical Assistance service, which will issue a technical opinion and the respective repair quotation. The repair will only begin after express acceptance of the quotation by the Customer.
13. Applicable Law
All purchases made on the website www.mdist.pt are subject to Portuguese law. Any conflict or divergence in the interpretation of the General Terms and Conditions of Contract and Use shall be submitted to the competent Portuguese Court.
Should the Customer be located outside mainland Portugal, M DIST DIRECT hereby informs that any judicial proceedings must be referred to the Portuguese Courts.
Decreto-Lei n.º 84/2021, of 18 October (Governs consumer rights in the sale and purchase of goods, digital content and digital services) you may consult the complete and updated version at www.dre.pt
14. Alternative Dispute Resolution (ADR)
In the event of disputes brought by a consumer against a supplier of goods or provider of services concerning contractual obligations arising from contracts of sale or of provision of services, entered into between the established supplier of goods and consumers resident in Portugal and in the European Union, the consumer may have recourse to a Consumer Dispute Resolution Entity.
In Portugal, M DIST DIRECT has recourse to the following Consumer Dispute Resolution entities:
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra (Consumer Disputes Arbitration Centre of the District of Coimbra)
Av. Fernão Magalhães, no 240, 1º, 3000-172 Coimbra
Telephone: +351 239 821 690 | Fax: +351 239 821 690
Email: [email protected]
For additional information, consult the “Online Dispute Resolution” tab, available at www.mdist.pt.
For Complaints and Claims relating to purchases made, you may contact it by email at [email protected] or through the Customer Support line _____________ (call to a national mobile network) from 10:00 to 20:00, Monday to Friday.
For further information, consult the website of the Direção-Geral do Consumidor (the Portuguese Directorate-General for Consumer Affairs), at www.consumidor.pt.
These General Terms and Conditions of Contract and Use were updated on 26/09/2023
