Terms and Conditions of Use

                                                                         (Dissolution and Liquidation of the company on October 13th, 2023)


Owner and Data Controller


Owner: Smiley Minds Academy Lda

Owner contact email: geral@smileymindsacademy.com

Taxpayer Identification Number (TIN): 517265648

Dissolution and Liquidation of the Company: October13th, 2023.


The Terms and Conditions of Use, which are presented here, concern the company Smiley Minds Academy Lda (simply designated as Smiley Minds Academy), which is considered responsible for the processing of data under the terms of the General Regulation on Data Protection (RGPD).


The user is responsible for carefully reading these Terms and Conditions of Use before using the website www.smileymindsacademy.com. These Terms and Conditions of Use can be accessed via the hyperlink at the bottom of each page on our website. We also advise the user to print and keep a copy.


The use of the website www.smileymindsacademy.com implies the unreserved acceptance of these Terms and Conditions of Use, which are transversal to each type of product or service offered by the website.


Intellectual property / Copyright and trademark indication


The texts, logos, and other content included on the website are property of Smiley Minds Academy. Any transmission, distribution, reproduction or storage, in whole or in part, of the contents for commercial purposes is prohibited, unless prior and express consent is given by the owner.


Copyright, all property rights on the website www.smileymindsacademy.com, as well as all its content, are reserved by Smiley Minds Academy.


Names of companies, brands, products or services, displayed on the website www.smileymindsacademy.com, may be the registered trademarks of their respective owners.


The user is not granted any right or license to use any trademarks and, accordingly, the user agrees not to alter, rent, lend, sell, distribute or create derivative works based on the content of the website www.smileymindsacademy.com, and/ or the products and services made available on the website www.smileymindsacademy.com, in whole or in part.


General Conditions of Use


The Smiley Minds Academy advocates professional training activities (CAE 85591), business and management consultancy (CAE 70220), retail trade by mail order or via the internet (CAE 47910), among others, providing a global service aimed at supplying needs in the above areas.


Smiley Minds Academy makes its website www.smileymindsacademy.com available for general consultation and sale to consumers. The User may place his order online at www.smileymindsacademy.com (or by telephone, email or mail). When placing his order, the User expresses his acceptance, full and complete, of the terms of use and general conditions of sale, prices and description of the products contemplated in this transaction.


THE USER COMMITS TO:


(a) Not to use the www.smileymindsacademy.com website for illegal purposes or effects that may harm the rights of Smiley Minds Academy or third parties and, in particular, not to use the website to distribute illegal or harmful information, or information that is considered distasteful, discriminatory or offensive to Smiley Minds Academy or third parties.


(b) Not disturb access to the website www.smileymindsacademy.com, Smiley Minds Academy's computer systems, alter the website, use it to transmit computer viruses, computer hacking, etc., or commit unlawful acts that may qualify as crimes IT;


(c) Not infringe any patent, trademark, trade secret, copyright, database right, or other intellectual property rights of any person or entity;


(d) Not impersonate any person or entity including, misrepresent or otherwise lie about your affiliation with a person or entity;


(e) Comply with these general conditions of use. If the user does not comply with these obligations, Smiley Minds Academy reserves the right to immediately prohibit and block access to its website, and its network, without compensation.


Disclaimer / Information on the website


Although Smiley Minds Academy has made every effort to ensure that the information included on the website www.smileymindsacademy.com is correct, when it starts operating, Smiley Minds Academy is unable to guarantee the absolute absence of specific failures. In particular, Smiley Minds Academy cannot be held immediately responsible for any errors or omissions, or any information that may be incomplete, incorrect, or may no longer be up to date, for whatever reason, in particular due to a sudden change in the Law.


When Smiley Minds Academy is alerted by the relevant authorities, particularly by the competent authorities, to the need for any change resulting from the updating of the Law in force, Smiley Minds Academy undertakes to make every effort to proceed immediately to such an update. Smiley Minds Academy bases its actions on good faith, sincerity, respect, and fairness, doing everything possible to ensure scrupulous compliance with the Law and regulations issued by the competent authorities.


Since these values are also advocated by duly legitimized competent authorities, this is the reciprocity that is naturally imposed.


General Provision


Any failure by Smiley Minds Academy to exercise or enforce any right or provision of these Terms and Conditions of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use Conditions is held by a court of competent jurisdiction to be invalid, the parties agree that the court must attempt to enforce the parties' intentions reflected in the provision, the remaining provisions of these Terms of Use Conditions remaining in effect. Use. The titles used in these Terms and Conditions of Use are adopted for reference purposes only and have no legal or contractual effect.


Product Availability


The satisfaction of all orders placed on the website is subject to the availability of items in stock. Each sold-out item has an availability date indicated, unless it runs out during the website's update time. Items ordered, where it is not possible to ship due to lack of stock, are pending and will be shipped immediately when available.


Payment Methods


Payment processing services allow www.smileymindsacademy.com to provide the following payment methods:

• MBway

• Multibanco Entity and Reference

• Credit card

• Paypal (PayPal Inc., with Online Payments Privacy Policy)

To ensure greater security, www.smileymindsacademy.com provides only the information necessary to execute the transaction with the financial intermediaries. Some of these services may also make it possible to send timed messages to the www.smileymindsacademy.com User, such as email-based invoices and other notifications.


Parcel Delivery


You will receive an SMS, phone call or e-mail notifying you that the order is ready, that it has been dispatched and reminding you of the chosen payment method. The delivery time for mainland Portugal is 1 to 3 working days after shipment (for Madeira and the Azores, we ship to the chosen freight forwarder). Shipping to other countries in Europe can take between 3 to 15 working days, depending on the destination. The cost of postage is €4.50. If this amount is exceeded due to the destination of the order, the difference in relation to €4.50 will be borne by Smiley Minds Academy. The customer will be informed in advance of the amount to be paid before making the payment.


Exchanges and Returns


Smiley Minds Academy accepts the exchange or return of items. The customer has a period of 8 (eight) days from the date of receipt to check the order and inform A Smiley Minds Academy of the intention to exchange or return it. The intention must be communicated via email, geral@smileymindsacademy.com, accompanied by a photograph in case of defect or breakage. The item(s) to be returned must be sent to Smiley Minds Academy, Rua Conselheiro Lopo Vaz Nº 40, 6º B, 1800-142 Lisboa, without showing signs of use and duly packaged. Return costs are the responsibility of the customer. In case of exchange, this will only be carried out after delivery of the respective article by the customer.


Unfortunately, we cannot accept exchanges or returns, in the case of personalized items, if there is an error in an already approved artwork. So please check spelling and details carefully, including photos, names and dates provided to Smiley Minds Academy.


Registration


In your registration process, the requested data is used to open a customer file, with the main purpose of issuing invoices and making commercial contacts.


Prices


Prices must be understood in euros. VAT is included in the total for each order placed. Prices and specifications are subject to change without notice.


Product


For technical reasons, the images shown may differ slightly from actual colours.


Communication Submission


Your email address may be used to communicate information about our products, events or for other promotional purposes. The customer has the right to opt out of receiving these services, emails, by sending us an email or correspondence, expressing this intention, maintaining, even so, a contact through this route for information that we consider important and relevant to the customer.


Protection and Management of your Personal Data


Smiley Minds Academy shares your data with:


(a) Third party service providers who process data on behalf of Smiley Minds Academy, for example, shipping and delivery (CTT and SEUR), sending emails (Sendimblue), research and analysis, brand management and product promotions, as well as manage certain services and features (Google Analytics).


(b) Other third parties, as necessary to:


I. Comply with a request from government authorities, a court order or applicable law;


II. Prevent illegal uses, violations of the Terms and Conditions and policies of our website pages;


III. Defend us against third-party claims;


IV. Assist in the prevention or investigation of fraud;


V. We work with other companies that use tracking technologies to serve advertisements on our behalf on the internet. These companies may collect information about your visits to our websites and your interaction with our communications, including advertisements;


VI. We keep your data for as long as necessary to fulfill the purposes for which we collect it, unless otherwise required by law.


Protection of Minors


Any transaction with consumers under 16 years of age is not permitted.