Legal Conditions of Sale and Liability

 

Transparency of information

 

MINHATUGA, through the e-commerce website www.minhatuga.com and these General Conditions, makes it possible to access by electronic means permanently, easily, directly and free of charge the information regarding its corporate name, communications address, as well as the Customer’s data, which are exclusively accessible to the Customer, and which are held by MINHATUGA.

 

Confidentiality of Data and Information provided by Customers and Users

 

MINHATUGA undertakes not to use the personal data of its Customers or users for purposes other than and unrelated to the purpose of contracting the services it provides, protecting, by means of appropriate measures, the confidentiality of such data, its deletion or alteration and unauthorized access to said information.

 

Security in the Processing, IT Process and Data Custody

MINHATUGA makes every effort and employs the best technologies to ensure the security in the processing of Customer data.

 

Advertising and Personalized Offers to Customers

MINHATUGA, via email or Customer Service, may issue offers, campaigns, information about news, products and promotions, provided that the Customer previously accepts this form of communication (Newsletter/MINHATUGA News and/or others). Subscription to the MINHATUGA newsletter and/or others may occur during the Customer registration process, finalization of an order, by defining the Customer profile or through the Newsletter subscription function.

 

User/Customer access conditions

The user of the e-commerce website www.minhatuga.com, through which the company MINHATUGA provides its sales services, will have the right to free and open access to the public information made available on said website. However, MINHATUGA reserves the right to only provide access to information, promotions and special offers to its registered Customers.

Any user who accesses the website www.minhatuga.com, through which the company MINHATUGA provides its sales services, has the right to register as a Customer, and may thus benefit from the information, promotions and special offers intended for Customers in accordance with the offer conditions specified for each product.

The public information included on the Website www.minhatuga.com, with reference to both MINHATUGA and the brands, products and logos of the wholesale companies and manufacturers of the products and services offered, is protected by the legislative provisions on intellectual and industrial property protection rights, and therefore the copying, transmission, assignment, alienation or use by the Customer other than for the advertising purpose of its virtual publication is not authorized, without the express consent of MINHATUGA or the manufacturer of the product or owner of the brand and logo.

 

Customer Registration

Before formalizing the purchase of any of the products offered by MINHATUGA, the Customer must provide his/her personal data and information necessary to formalize the purchase and sale contract and the delivery of the respective order (name and surname or company name, tax identification number, shipping data and billing data, if different from the shipping data, email and telephone contact).

MINHATUGA may request additional personal data from the Customer that allows it to know, for statistical purposes, the Customer’s profile. The Customer may omit or fail to communicate any personal data or information that is not absolutely necessary for the purchase and delivery of the respective order.

 

MINHATUGA may offer the Customer a personal registration system using a valid email address and a password to facilitate future purchasing operations. In this case, it is the Customer who must indicate, at his/her discretion, the email address and respective password to access his/her Customer account, provided that these are available or not assigned to other Customers. User names or passwords that are insulting, insinuating, discriminatory or that contradict the terms of the law will not be permitted, nor will those with terms that harm the brands, products or names protected by the Industrial Property Code or the rights relating to the privacy of private life, honour, good name and/or image.

The Customer undertakes to ensure the protection and confidentiality of his/her own access email address and respective password. MINHATUGA shall not be liable for the Customer’s willful or negligent use of the obligation of confidentiality of his/her access codes.

 

Offer and Acceptance Process, Conditions of Purchase and Sale and respective Delivery of the Product

 

1 Pricing Policy

MINHATUGA may offer the Customer a personal registration system using a valid email address and a password to facilitate future purchasing operations. In this case, it is the Customer who must indicate, at his/her discretion, the email address and respective password to access his/her Customer account, provided that these are available or not assigned to other Customers. User names or passwords that are insulting, insinuating, discriminatory or that contradict the terms of the law will not be permitted, nor will those with terms that harm the brands, products or names protected by the Industrial Property Code or the rights relating to the privacy of private life, honor, good name and/or image.

The Customer undertakes to ensure the protection and confidentiality of his/her own access email address and respective password. MINHATUGA shall not be responsible for the Customer’s willful or negligent use of the obligation of confidentiality of his/her access codes.

 

The final total amount to be paid by the Customer for purchases made is the total amount calculated for the products chosen, in the quantities indicated. This amount is calculated in the shopping cart and displayed during the checkout process.

Prices may be displayed in euros (EUR), US dollars (USD) and Angolan kwanza (AKZ).

 

The Customer must select the currency in which they wish to view the products and make the respective purchase.

 

The currencies are related to the payment method used to make the payment for the purchase/order, as indicated in the previous section “Purpose and Scope of Application” of these general terms and conditions of sale.

 

Payment method Country Currency

Bank transfer or deposit Angola AKZ / USD/EU

Entity / Multicaixa reference Angola AKZ

 

Purchasing Process

The interactive electronic purchasing process on the website www.minhatuga.com consists of the following phases:

 

2.1. Consulting the Products offered to the Customer

The Customer can consult the available products in different ways. The presentation of the products sold is carried out with the information relevant to the Customer, namely, product name, brand, price, description, technical characteristics, technical data sheet (where available and available) and illustrative photograph of the product.

2.2. Selection of the desired Products

The Customer chooses the desired products by adding the products to the shopping cart. The Customer can add, remove and change the quantities of the products in his/her shopping cart at any time, as long as he/she does so before confirming the purchase/order (final stage of the purchase completion process).

 

Finalizing the Purchase/Order

 

3.1 Shopping Cart Summary

The first step in the purchase/order completion process consists of displaying the shopping cart and the products selected for purchase and their quantities.

At this point, the Customer is presented with the final total amount to be paid for the purchase/order. The Customer must confirm the currency desired for making the payment, taking into account the payment method that will be used to pay for the purchase.

 

3.2 Customer Identification

The data essential to identify the Customer is collected – if the Customer is a new Customer (a Customer who is not yet a registered Customer), he/she must complete the New Customer registration form.

If the Customer is already registered, he/she will be asked to enter his/her Customer name and password so that his/her Customer account can be identified.

 

3.3 Information for Sending the Order

Next, to ensure that the order is sent, data relating to the delivery address and a landline/mobile telephone number are collected to coordinate the delivery time of the order.

 

3.4 Billing Information

To ensure that the order is billed, the relevant data is collected, namely the billing address, which may be the same or different from the shipping address, and in the case of Business Customers, the respective tax identification number is essential.

 

3.5 Acceptance of Terms and Conditions

It is necessary to confirm acceptance of the terms and conditions of sale in order to proceed with the order completion process. The terms and conditions must be consulted in advance by the Customer, by accessing the respective link, which is duly identified in the footer of the website www.minhatuga.com.

 

3.6 Choosing a Payment Method

The Customer must choose the payment method from the available methods, according to the currency previously selected. At this stage, if the Customer wishes to change the currency, the process will have to go back to the first step “Shopping Cart Summary”.

 

3.7 Final Order Summary

A final summary of the order and the data provided is presented for validation and review by the Customer. If necessary, changes can be made to the order and the respective data provided.

 

3.8. Completion of the Order

When selecting the “order” option, the purchase is made and the payment is processed, depending on the chosen payment method. An email is then sent to the Customer, to the address indicated, confirming the order. From this moment on, the Customer is deemed to have accepted the validity of the purchase and sale contract that binds the Customer and MINHATUGA.

 

Product Availability

MINHATUGA’s commitment to sell and ship the products ordered is limited to the existing stock of the advertised product and its availability from suppliers. MINHA TUGA, in its commitment to quality and customer service, will make every effort to ensure that the published products are available at all times.

However, if the product is unavailable, the order and the contract signed between both parties will lose effect by virtue of this termination clause, and MINHATUGA undertakes to refund or reimburse the Customer in full any amount paid by the Customer within 30 days from the date of such unavailability, without any compensation being awarded to either party due to breach of contract, consequential damage or loss of profit.

The purchased product may undergo, at the manufacturer’s discretion, non-substantial modifications to its components, characteristics or performance of the batch it is part of, as long as they do not imply a reduction in the published qualities and characteristics, without this entailing any liability for MINHATUGA.

 

Payment Methods

MINHATUGA offers the following payment methods:

5.1. Bank Transfer / Deposit / Multicaixa Payment

a) Available to Customers who wish to make payments via bank transfer or deposit into MINHATUGA accounts domiciled in Angola.

b) Payments are made in Kwanzas (AKZ), Euros (EU) or US Dollars (USD);

c) The transfer or deposit must be made in favor of MINHATUGA, in accordance with the account details indicated in the order confirmation email;

d) Payments are made within a maximum period of two business days; if this does not happen, MINHATUGA will consider the order canceled.

e) The order is only considered valid after NCR has confirmed the respective payment. To this end, the Customer must send proof of the transfer/deposit, indicating the respective order number, to the email address cliente.online@minhatuga.com. If the Customer is unable to send the respective proof, they must contact MINHATUGA, via the indicated email or via the support telephone line within 12 hours, informing them that the payment has been made;

f) If the payment is not confirmed after a period of 3 working days from the date the confirmation email was sent, the order will be cancelled. In these cases, the Customer may place a new order if they wish;

g) If the payment is confirmed, the order is considered valid by MINHATUGA and its logistical processing begins, for its dispatch to the Customer.

 

Invoicing

Once payment has been confirmed, MINHATUGA will issue a physical invoice that will be sent to the indicated billing address. An email with the billing details will also be sent to the email address designated by the Customer. MINHATUGA warns the Customer that it will not be able to subsequently modify the sales invoices in compliance with current regulations. The invoice will be issued in the name of the individual or commercial company customer indicated at the time the billing details were collected, so the Customer must always ensure that they placed the order with the correct details. Therefore, no changes will be made.

 

Delivery Time

The delivery time depends on the availability of the products ordered, the location of the delivery address and the type of delivery service chosen by the Customer.

The delivery time for addresses located in the Urban Districts of Luanda is three working days and starts to be counted from the moment MINHATUGA receives confirmation that the order has been successfully paid.

Deliveries are made to the address indicated by the customer on working days between 9:00 a.m. and 5:00 p.m.

In the event of a delay in delivery exceeding 20 days over the approximate delivery time stated above, when this is attributable to MINHATUGA, the Customer, upon prior written complaint, may unilaterally cancel the order, refunding MINHATUGA any amounts paid in the event of prepayment.

 

Delivery Methods

The order will be delivered to the address indicated for shipping at the time of purchase. It is not possible to change the delivery address initially indicated once the order is confirmed, upon completion of the order process on the website www.minhatuga.com. As soon as the order is dispatched by MINHATUGA, a notification will be sent to the Customer’s email. Whenever possible, instructions and data for online tracking of the order’s route will be provided, so that the Customer can monitor the shipping status of their order.

MINHATUGA has established partnerships with transport companies to ensure the delivery of its orders. The goods will be delivered by the selected transport company, together with a guide containing the data that allows identifying the recipient, the type of order and order reference number, the price, the item number and the products it contains. The recipient of the order may be the Customer who placed the order, or another person, indicated by the Customer. The recipient of the order must always sign the delivery receipt and must always have a document proving their identity in their possession.

 

Whenever the Customer or the recipient detects errors at the time of delivery of the goods received or when they are visibly damaged, they must immediately alert the courier of the transport company and specify the status of the order on the delivery note. It is necessary to communicate the fact to MINHA TUGA within 24 hours, via the email address clienteminhatuga@minhatuga.com or via the Customer Support service, available on the website www.minhatuga.com .The goods will be covered by insurance against transport, loss and handling risks, from dispatch to delivery to the final recipient. The Customer or recipient of the order must always confirm that the goods were delivered in perfect condition, signing the respective proof of delivery. Communications referred to in this point, after 24 hours after delivery will not be accepted. If the customer refuses to receive the order intended for him, or is unavailable to pay the respective price, MINHATUGA may demand reimbursement of expenses and costs incurred, including legal and extra-judicial costs of compensation. MINHATUGA may also refuse new orders from the customer.

 

Product Warranty

MINHATUGA guarantees that the products sold comply with the terms required by law and without prejudice to the warranty provided by the manufacturer.

Technical assistance is provided by the manufacturer of the products.

The warranty for the products sold by MINHATUGA is only provided under the conditions of correct handling, use and conservation and within the periods specified in the warranty certificates that accompany all of them.

In the event of any manufacturing and/or operating defect in the products purchased through MINHATUGA, the manufacturer of the products is solely responsible, without prejudice to the legally applicable provisions.

MINHATUGA undertakes to provide its customers with the necessary mediation services for contact with the manufacturing and/or distributing company, thus effectively guaranteeing the Customer the terms of the same.

 

Customer Rights

10.1. Confidentiality and Security

MINHATUGA Customers enjoy the confidentiality and security of their personal data, under the terms provided for in applicable legislation.

The Customer authorizes MINHATUGA to automatically process their personal data, including all data disclosed at the time of registration on the Website, for the purposes necessary for contracting with the customer, managing and executing purchases and respective records.

MINHATUGA undertakes not to disseminate, transmit or publish customer data without their express consent.

MINHATUGA does not send promotional or advertising emails without the express consent of the customer, through subscription to the respective newsletter, or registration with MINHATUGA. MINHATUGA allows its Customers to consult and modify the personal data stored in its databases. If Customers wish to change or delete their personal information from MINHATUGA’s database, they must make an express request to MINHATUGA, via the email address clienteminhatuga@minhatuga.com.

Customers also have the right to free access to the open sections of the website www.minhatuga.com, where MINHATUGA carries out its sales service, and to know at all times the status of the processing of the order placed.

 

10.2. Returns

The Customer has a period of 7 days to terminate the contract without payment of compensation and without needing to state a reason, a period that starts on the day the Customer receives the order.

To do so, the Customer must request the return number and the relevant instructions via the email address cliente.minhatuga@minhatuga.com, or via the Customer Support service (Chat) on the Website www.minhatuga.com, or via the support telephone line +244 9…………..

Should the Customer wish to exercise the right of termination, the Customer must keep the products in order to return them in perfect condition for use to MINHA TUGA within the indicated period.

 

The Customer will be responsible for paying the shipping costs for the exchange or return in the event of dissatisfaction with the product. In cases of damage, incorrect shipment of the product or product damaged during transportation, the Customer must return the product. After confirmation of the damage, shipping error or error, MINHATUGA will reimburse the shipping costs.

MINHATUGA will not make any refunds on products handled by the Customer, products without the original factory packaging, or goods that are returned incomplete, both in their main elements and accessories. The right to cancel outside the indicated period will not be valid, nor on products whose price depends on fluctuations in financial market rates not controlled by MINHATUGA, nor on objects likely to deteriorate or perish quickly, objects that can be easily reproduced immediately or that, due to their nature, cannot be returned. Nor will cancellation be valid on goods or orders made according to the Customer’s specifications or that are clearly personalized.

 

Exceptions: due to their nature, returns of the following products are excluded:

a) All types of software and games for consoles whose packaging has been opened, including the plastic film that seals the packaging.

b) All types of products that require professional installation and that have been installed after purchase by a person or entity other than MINHATUGA or that has been indicated by MINHATUGA (exhaust fans, ovens, car audio devices, among others).

c) All types of laptops and computers that are not returned in the same condition as when delivered.

 

10.3. Return conditions

MINHATUGA only accepts the return of products within 30 days from the date the products are received by the Customer without any noticeable use or wear.

 

The use of the products must be exclusively for testing purposes and so that the Customer can correctly decide on their final purchase and without altering the conditions of the product at the time of delivery. In cases of use of the product beyond the terms referred to in the previous sentence, MINHATUGA will not accept its return. The parties acknowledge that a product that has been used and/or manipulated loses value on the market, even if it is in perfect condition, and therefore the respective refund value cannot be that of the initial purchase.

 

MINHATUGA only accepts returns that have been previously communicated and coordinated with MINHATUGA, via the email address clienteminhatuga@minhatuga.com, or via the Customer Support service (Chat) on the website www.minhatuga.com, or via the support line: +244————— .

MINHATUGA is not responsible for returns of products handled by the Customer, or goods that are returned incomplete, either in their main elements or accessories. The right to free cancellation will not be exercised outside the indicated period, nor for products subject to fluctuations in a market not controlled by MINHATUGA. Those who acquire, store, use or consume goods and/or services, with the purpose of integrating them into production, transformation, marketing or provision processes to third parties, will not be considered consumers and end Customers, and therefore do not benefit from the rights granted to consumers.

 

Instructions for sending products:

Returns cannot be made directly to MINHATUGA’s facilities; they must be sent to the shipping company. Please note that to avoid any damage during transport, more fragile products (cameras, accessories, etc.) must be protected by external packaging – as received by the Customer or final recipient. This is to avoid any type of imperfection or manipulation of the product’s original packaging during transport. For larger products (televisions, household appliances, etc.), external packaging protecting the original is not essential. However, it is important that the Customer or final recipient ensures that the product is sent properly protected inside the original box and with the protections intended for this purpose (cellophane, protective plastic, polystyrene, etc.) and avoiding any type of manipulation of the product.

 

For any queries related to the product return process, you should contact MINHATUGA via the email address clienteminhatuga@minhatuga.com, via the Customer Support service (Chat) on the website www.minhatuga.com, or via the support telephone line: +244————–.

 

Customer Obligations

The Customer is obliged to keep their personal data for access to the website www.minhtuga.com. Only the Customer may use the information published by MINHA TUGA and strictly within the intended personal commercial relationship. The Customer may not reproduce, sell or dispose of the information published by MINHATUGA in all its contents without express permission from MINHATUGA.

The Customer is obliged to faithfully use the shopping service provided by MINHATUGA through the Website www.minhatuga.com, refraining from manipulating the contents of the Website, or interfering with its computer resources through viruses, or any other means, or other conduct prohibited by law.

The Customer is obliged to respect the purchase agreement, confirming and accepting the order.

 

MINHATUGA’s Rights

 

MINHATUGA has the right to maintain, modify or suspend its sales services through the Website www.minhatuga.com without prior notice.

MINHATUGA reserves the right to modify the price of its offer at any time, until the Customer completes the order.

MINHATUGA has the right to refuse and/or cancel orders due to lack of availability or lack of payment by the Customer.

MINHATUGA has the right to receive payment for purchases made by the Customer after the order has been accepted and confirmed.

 

Ownership and transfer of risk

Ownership of the products is transferred to the customer upon full payment of the respective price and other amounts due. The risk of loss or damage to the products is transferred to the customer upon delivery.

Use of the Internet

MINHATUGA shall not be liable for any losses or inconveniences arising from the use of the Internet, including, for example, as a result of the interruption or deficiency of the service and access, external intrusion or the presence of computer viruses, or any case of force majeure.

 

15. Ownership of Contents and Distinctive Signs

All data and contents of the Website, including distinctive trade signs, are the exclusive property of MINHATUGA or third parties and as such are protected by law.

 

16. Duration

These conditions apply for the entire duration of the services offered by MINHATUGA.

 

17. Total Agreement

These general terms and conditions of sale constitute the entire agreement between the parties. Should any of the clauses of these terms and conditions become null and void due to a change in legislation, regulations or by court order, this shall not in any way affect its validity and respect.

 

18. Jurisdiction and dispute resolution

These General Terms and Conditions are governed by Angolan law. The Court of Luanda shall have jurisdiction to resolve any and all disputes arising from the interpretation or execution of these General Terms and Conditions, with the parties expressly waiving any other jurisdiction.