Terms & Conditions
General Terms and Conditions of Use
Access to and navigation on this site are subject to these General Terms and Conditions of Use, which are part of the General Conditions of Sale of the online store www.prozis.com/www and also to the Privacy and Data Protection Policy presented by the company PROZIS.COM, S.A., tax no. PT506806693, headquartered at Zona Franca Industrial, Plataforma 28, Pavilhão K, Modelo 6, Caniçal, 9200-047 Machico, Portugal, hereinafter referred to as PROZIS®, by reference to the trademark it owns.
Introduction
Sales made via the online store www.prozis.com/www presuppose the acceptance, by the customer, of the General Conditions of Sale that are established in compliance with the legislation applicable to the e-commerce sector in general as well as with the applicable rules on quality and safety of foodstuff and environmental matters.
PROZIS, however, reserves the right to change these General Conditions of Sale without prior notice and is obliged to publish any changes to this website. Whenever a new version or update of this text shall be published, the customer will be required to accept the revised or new wording of this text.
PROZIS may not be held responsible for any facts arising from the unavailability of the site, whatever its duration, and reserves the right to restrict access to certain areas of the site for technical reasons or in order to comply with legal obligations.
Concepts and Definitions
Customer - any natural person over the age of 16 and who creates a customer account under the commitment that all information related to their identification and other required data for the placement and processing of their orders are true, up-to-date and complete. For all purposes, PROZIS considers that a legal entity is identified and individualized by the connection between its commercial designation, registered office and Tax ID number indicated at the time of creation of the respective customer account.
Cookie - small data file sent to the customer's electronic device, which is stored in it. When an account is created on the website, the customer's device will store a cookie that will allow the customer's automatic identification on each future visit of the website.
Cookies are also used so that the system may track the customer's steps during a shopping session. If the customer fails to accept the use of essential cookies, the customer will not be able to use this website.
Personal data - information relating to an identified or identifiable natural person ("data subject"), which is directly or indirectly identifiable by reference to an identifier (e.g. name; identification number; e-mail address; IP address; etc.).
Intellectual Property - all intellectual property rights to the software and content made available through this website are property of PROZIS and are licensed and protected by worldwide laws and treaties. All these rights are reserved to PROZIS and its suppliers.
The customer may save, print or present the contents of this website for their personal use only.
Publication, manipulation, distribution or reproduction, in any format, of any content made available in this website is forbidden, as so it is its connection to any business or company.
PROZIS - registered trademark owned by PROZIS.COM, S.A.
Data processing - an operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Controller - PROZIS.COM, S.A., as identified above.
Customer Service - the support, order management and customer account service of the online store, carried out by PROZIS.COMMERCIAL, S.A., tax no. PT507107381, a company which is part of the same business group as the controller, acting under a service agreement entered into with PROZIS for that specific purpose.
Pseudonymisation - the processing of personal data is, whenever possible, in such a manner that the personal data cannot, without the use of additional information, be associated with a specific individual; this additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Website – internet website www.prozis.com, titled and operated by the company PROZIS.COM, S.A. for the purpose of promoting and selling the products of that online store. The safety and the operationalization of the site as the computer processing of orders is provided by the company PROZIS.TECH, S.A., tax no. PT504276638. The logistic management of the sales is provided by the company VERYFEX, S.A., tax no. PT509838057. The financial management of the operations is provided by the company PROZIS.GROUP, S.A., tax no. PT509423272. With each of the said companies, which belong to the same business group of the controller, the necessary service contracts have been concluded, including the Privacy and Data Protection Policy.
Physical address of the commercial establishment - the headquarters of the company PROZIS.COM, S.A., based at Zona Franca Industrial, Plataforma 28, Pavilhão K, Modelo 6, Caniçal, 9200-047 Machico, Portugal, being this the address to which the consumer should address written complaint.
Object
These General Terms and Conditions of Use are intended to define the conditions of access and site navigation by the customer who intends to make purchases in the online store. The General Conditions of Sale text aims to regulate the terms of the commercial transactions set between PROZIS and the Customer. The Privacy and Data Protection Policy aims to identify privacy protection measures with regard to the processing of personal data and the free movement of personal data, including tools for personalized management of personal data provided by customers.
I - General Conditions of Sale
1.1. Ordering and Purchasing Process
At Prozis, it is possible to place orders in a simple, quick and intuitive way.
To have your products safely and conveniently delivered at an address of your choice, you will have to follow a few simple steps. Start by choosing the product you wish to purchase, select the product flavour and quantity you would like to receive, and add the product to your shopping cart by clicking on "ADD TO CART". At this time, it is still possible to continue shopping and choose other products to be added to your order, following the above-mentioned procedure. When all the desired products are in the shopping cart, you can conclude your order by clicking on the "PROCEED TO CHECKOUT" button in the shopping cart window.
After adding all the products to be ordered to your cart and clicking on "PROCEED TO CHECKOUT", you will be directed to an order overview screen. This screen displays information about the order to be placed, showing the included products, the total cost, as well as the amount of ProzisPoints to be earned with the purchase. Clicking on "PLACE ORDER" will lead you to the final steps before the order is fully concluded, of which there are 4:
1 – GIFTS
Here, you can exchange your ProzisPoints for exclusive gifts. The possibility also exists to save your ProzisPoints in your account, for access to even more valuable gifts at a later time. By clicking on "NEXT STEP", you will be directed to the second step, "SHIPPING".
2 – SHIPPING
During this step you can define at what address your order is to be delivered, as well as your preferred transport service. Below each of the available shipping methods, the respective estimate delivery date is displayed. Clicking on "NEXT STEP" will take you to step three, "PAYMENT".
3 – PAYMENT
This step allows you to view all of the payment methods available at Prozis, and choose the one that is most convenient to you. It is also during this step that you can specify a billing address. By clicking on "NEXT STEP", you will be taken to the fourth and last step of the checkout process, which is "CONFIRMATION".
4 – CONFIRMATION
Here, you can consult all of the information related to your order, such as all of the included products and the total amount to be paid. Besides this, you have the opportunity to insert any of the special coupon codes regarding Prozis' promotional campaigns in force.
Once you have verified that all of the order details are correct, click on the button "PLACE ORDER". This action will direct you to the payment platform corresponding to the method chosen by you.
Upon concluding your order, an order confirmation e-mail will be sent to your e-mail address, including the order number and other relevant details.
In case you run into any problems while placing an order at Prozis, please contact our Helpdesk service. This team consists of professionals who will gladly provide you with all the information you may need regarding our products and services.
PAYMENT METHODS
Credit Card
It is possible for the client to use a credit card and take advantage of the transaction speed and flexibility offered by this payment method. All transactions on our website are secure.
Is it safe to pay online using my card?
Prozis uses a state-of-the-art fraud detection and prevention mechanism. This solution allows verification of the authenticity of online payments, while ensuring our clients data integrity and security, as well as their identification.
This security feature is provided via SSL technology (Secure Socket Layer) that encrypts the communications between the client's computer and our server, so that they cannot be intercepted. Thus, Prozis reserves the right to refuse any order paid by a transaction considered illicit. All and any activities considered illegal will be immediately reported to the competent authorities.
3D Secure
3D Secure is a communication protocol designed to improve online payments and to enable the authentication of the card user by the credit card issuer. When paying at an online store, a credit card validation process is activated. If the credit card is considered valid, 3D Secure protocol security systems check the client's identity, resorting in real time to the credit card issuer. The issuer validates the client's identity and informs the store system that the card being used is legitimate.
The goal is to protect credit card users, minimising the possibility of fraudulent credit card use and improving the overall transaction performance. This protocol is used by Visa, with the 'Verified by Visa' designation, and by Mastercard, with the 'SecureCode' designation.
How is the credit card payment processed?
After selecting the credit card payment option and clicking on 'Place Order', the client is directed to the Redunicre payment platform where the necessary credit card data needs to be inserted, consisting of the credit card number, expiration date and security code. Finally, clicking on the button 'I validate my payment' will set the transaction in motion.
If the payment is not accepted, an error message will appear in the shopping cart window. In such an event, it is recommended to attempt the transaction again. If the problem persists however, we advise the client to contact his/her bank or credit card issuer for further information.
Once the payment is finalised, the amount will be charged from the client's credit card account. If, for any reason, it proves necessary to cancel the order, whether completely or partially, we will reimburse the corresponding amount within a maximum term of 5 working days. The transaction will show on the client's credit card extract after 2 working days, counting from the reimbursement date.
To protect our clients from potential frauds, we may ask for additional information to facilitate the payment's assessment. If such a request is made but we fail to get a reply within 3 business days, we will cancel the order and proceed to reimburse the payment.
Warning: Payments are always charged in Euros, even if prices are displayed in other currencies. Some banking entities may charge currency exchange rates. Prozis is totally alien to this fact and is not to be held responsible for it.
Order Cancellation
The customer can only cancel the order prior to the respective payment and processing. If that should be the case, cancellation should be requested by choosing the "Orders" option, available in the personal area of the customer account. To do so, the customer must select the order that intends to cancel and click on the "Cancellation Order" button. Once the order has been cancelled, a message requesting confirmation of that purpose shall be displayed.
Remark: Order cancellation is only possible through the abovementioned process. Any similar request made by other means cannot be fulfilled.
1.2. Delivery Process
Once the order has been shipped, the customer will receive a confirmation e-mail with their invoice, the assigned shipping number and a hyperlink that will allow the tracking of the order on the carrier's website. The customer may also have access to that hyperlink by logging in to their account and clicking on the "Orders" tab, available on the sign-in page and by accessing the "Help" icon on the site header bar, following the "Track Order" option. Either way, the customer will be provided with all information about the order, including the hyperlink abovementioned.
Attempting to track the order online upon receipt of the shipment confirmation e-mail may not return any results. Shipping information may take up to 24 hours from receipt of shipment confirmation to be updated on the carrier's website without liability to PROZIS.
Orders are delivered from Monday to Friday, except for local or national holidays, at the address indicated by the customer when placing the orders.
Delivery Services
PROZIS provides regular delivery services, which are subject to the own procedures of the carriers, in particular regarding the customer's personal data required to fulfill the delivery obligation, the shipping methods, delivery times, costs and constraints associated with the requirements of the orders to be delivered and with the procedures related to the validation of the recipient's identity (or of the identity of the third person acting on their behalf). PROZIS cannot be held responsible for any modification on the service conditions provided by the carriers as PROZIS is only obliged to assure that the carriers' procedures used on each delivery process are in full compliance with the terms and conditions in force at the time of the confirmation of the purchase by the customer.
Thus, the available shipping options may depend on the sort of products to be delivered, on the address of destination, on the shipping method or even on the time of the validation of the payment method.
The expected delivery time, as well as other eventual constraints or relevant remarks in force at the time of the conclusion of the purchasing process will be noted as an informative remark displayed on the Shipping tab.
Warning: the delivery times, counted from the effective delivery date, are merely indicative as shall only be applicable whenever no physical or structural constraints are verified (e.g.: incorrect addresses or force majeure events as strikes, missed connections, extreme weather events, etc.).
Customer may, therefore, receive the order at an address of their choice (exception made to PO Boxes). To do so, the customer only needs to provide the address where shall be present between 9.am and 7.pm of the day scheduled for delivery. An attempt to deliver to the address indicated will be made by a courier from the chosen transport service.
Remark: It is not possible to choose a specific delivery time as it will be conditioned by the courier route on the day of delivery, which is exclusively set by the transport service.
The indication of an incorrect or incomplete delivery address may result in the order being returned to PROZIS and may lead to additional costs for the customer; for this reason, it is highly recommended that the customer always makes sure that the delivery address indicated at the time of the order placement is effectively correct and complete. Once the order is placed, it is not possible to change the delivery address or the provided billing data.
Warning: in any case, due to service organization and distribution procedures of the carriers, the identification data of the recipient will be printed on the label to be placed outside the transport box. Since these are considered customers' personal data, it is advisable to destroy or erase such data after receipt of the order so to prevent those data from being consulted by third parties after disposal of the packaging at recycling points.
Shipping costs are automatically calculated by the system and may vary accordingly to the following circumstances:
- actual or volumetric weight (whichever the higher);
- total amount of the order;
- range of products;
- delivery address, namely the costs arising from customs duties and border control.
- carriers' pricing fees, which are subject to regular updates.
Shipping costs are automatically updated as the products are added to the shopping cart.
Whenever customs duties or border control are to be expected, a pop-up message will be triggered before the confirmation of the purchase order so that the customer may be aware of additional costs that may be in force and for which Prozis may not be held responsible.
Reimbursement of shipping costs
The reimbursement of shipping costs may take place whenever occurs a/an:
i) Failure to deliver the order for reasons attributable to PROZIS or to the carrier: the customer will be fully reimbursed for any amount paid as delivery costs. A PROZIS' Customer Care Service returns and refunds employee will contact the customer in order to confirm the right to reimbursement and to provide any further clarification on this matter.
ii) Error in the shipped product(s) or shipment of defective product(s): The customer will be reimbursed in full for any amount eventually paid as shipping costs only if the error or defect occurs in all products shipped. For more information on this matter, see section 1.5. below.
Procedures applicable to incidences
In the event that a prepaid order is returned to PROZIS for reasons attributable to PROZIS, the amount paid for the purchase will be refunded, including delivery costs and return-shipping costs.
The customer may choose to be refunded on the original payment method or through a refund coupon that may be used on a future order. The coupon will be valid for 12 months from its issuing date. After this validity, no refund will be possible.
If the reason for the unsuccessful delivery and return of the order is the responsibility of the carrier, the customer will have to file a written complaint which will be analyzed by the carrier. Alternatively, and subject to the prior express consent of the customer, such complaint may be sent to the carrier as supporting document of the incidence created on the basis of the non-delivery. In the event that the problem with the delivery was caused by an incorrect or incomplete address, the customer may be asked to provide proof of address to be attached to the respective claim.
1.3. Return and Exchange Procedure
ORDER CANCELLATION
The client can only cancel the order directly from his/her account as long as it has not yet been paid for and is not already being processed. If these conditions are met, the client can simply access his/her account, click on "My Prozis account" and then on "My orders". In the column "Orders history", the client can then select the order to be cancelled, causing all relevant order information to appear in the column "Order details". At the bottom of this order details section (it may be necessary to scroll down), he/she can click on "Cancel order". Once the order is cancelled, the client will receive a confirmation message.
Order cancellation is only possible via the previously described procedure. Any cancellation request made by any other means will not be fulfilled.
RETURNS
Should the client wish to return one or more items, this can be done within 30 days after receiving the order, as long as the products are intact, sealed, complete and inside the original packaging. The packaging cannot be damaged, altered or scratched. It is up to the client to ensure that the returned items arrive at our facilities within 45 days, counting from the day on which the order was delivered.
To exercise the right of return, the client will have to contact our Customer Service. It will be necessary to specify the order number, the descriptions or reference numbers of the products to be returned, and how the reimbursement is to take place. Reimbursement is possible either via the original payment method or by means of a reimbursement coupon, that remains valid for 12 months after it is issued. Once this period has passed, no new reimbursement can be issued.
The client also needs to be aware if the product to be returned was acquired as part of any promotional campaign, and if any free product was attributed to the order as a result of the product's acquisition. If that is the case, it will be necessary to not only return the product in question, but also the product that was added for free. Both products are required to comply with the aforementioned guidelines.
A pack, composed of various products, can only be returned in its entirety. If the client wishes to return a product belonging to a pack, it will be necessary to return all the products that are part of that particular pack. All of the pack's products are required to comply with the aforementioned guidelines.
It is up to the client to send the item(s) to the following address:
Prozis
Rua do Cais n. 198, Fontarcada
4830-345 Póvoa de Lanhoso
Portugal
In case of incomplete or damaged products, products without their original packaging and/or label, or products that present signs of use, returns will not be accepted.
Neither do we accept returns of products that will expire in less than a month, underwear or swimming clothes, or offers or products that were purchased with ProzisPoints.
If we do receive an item in any of the above mentioned conditions or with the transport service label placed directly on the respective product packaging, the client will lose the right to be reimbursed and will be granted 10 days to have the item(s) picked up from our premises, paying for the collection costs.
EXCHANGES
The client will have to return the item(s), request the respective reimbursement, and subsequently place a new order.
The entire return process is described in detail in the paragraph RETURNS.
REIMBURSEMENT METHODS
PROZIS will do everything in its power to reimburse the client as quickly as possible. PROZIS is however entitled to a maximum reimbursement term of 15 days, counting from the day the product arrives back at our warehouse.
If the payment was made by credit card, the reimbursement will be issued to the account associated with the credit card that was used for the original payment, and it will appear on the client's next bank statement.*
If the payment was made by PayPal, the reimbursement payment will be made to the respective Paypal account and will become available immediately.*
If the chosen payment method was Cash on Delivery or ATM/bank transfer, the client will be asked for the necessary details of the account on which he/she wishes to receive the reimbursement.*
* Please note that the above-mentioned payment methods are not available for every country. To know what payment methods are available for the client's country, please read the information available above, under "Payment Methods".
The client may also choose to be reimbursed through a discount coupon, regardless of the original payment method used. This coupon will remain valid for 12 months, counting from the day on which it is created. Once this period has passed, it will be impossible to realize any further reimbursement.
SHIPPING COSTS REIMBURSEMENT
In case PROZIS is liable for the return of the order, we will reimburse the respective shipping costs (e.g. in case of defective products or products different from the ones actually ordered).
However, if an order consisting of several products contains only one defective product, the shipping costs will not be reimbursed.
1.4. Product Information
All the procedures deemed necessary to ensure that every product details, descriptions and prices presented on the site comply with the applicable legal requirements are strictly followed. However, there may be situations where product information, including pricing and promotional campaigns, has not been correctly published. In these cases, PROZIS reserves the right not to fulfill orders containing the respective products. In the event that an order containing such products has been placed, the Customer Support team will contact the customer in order to inform of the impossibility to proceed with the order.
Orders may also not be shipped for other reasons, such as:
- out-of-stock situations;
- failure to obtain payment authorization;
- the order has been found to be fraudulent.
All products, campaigns, promotions and offers are limited to the effective available stock and / or limited units determined for each campaign.
- If the order is paid by Credit Card and contains a product for which there is no longer physical stock, the product out of stock will be removed from the order, and the remaining products will be shipped so as not to delay the delivery process. In case of one or more products in a pack, the pack will be withdrawn in full from the order. Following this, the refund will be processed in the original form of payment, as described above, and the customer will be contacted by the Customer Support team in order to communicate the order change and the confirmation that the refund procedure has already been set in motion.
In case the order contains a product for which there is no longer available stock and this product had been exchanged for ProzisPoints, that product will be withdrawn from the order and the remaining products will be shipped so as not to delay the delivery process. As a consequence, the corresponding ProzisPoints will be immediately refunded to the customer's account and the customer will be informed accordingly.
PROZIS also reserves the right not to allow the conclusion of the purchase process if any situation, - other than those specifically described in this document - is detected as a result of a computer error in the creation of the order, at any of the its stages, and associated with logistical issues. The same prerogative shall take place as a result of the acknowledgement or of the imposition, by any competent authority, of any restriction or restraint on the sale of the products.
The use of discount coupons associated with credit accumulated in previous purchases, promotional campaigns, or even with compensation granted as a consequence of the acceptance of any claims made by the customer, will only be effective in case of verification of the requirements or conditions disclosed at the date of activation, namely regarding the application period, stocks availability and compliance with the legal provisions in force at the time of purchase.
The purchase of the PROZIS Gift Card product is conditioned to the prior acceptance of the conditions and terms of use described in the product description tab, for which it cannot be purchased through the exclusive application of one or more credit coupons accumulated for and in previous purchases. PROZIS Gift Cards are valid for 12 (twelve) months from the date of purchase, regardless of whether or not their activation code is immediately transmitted to the recipient.
Given the nature of this product, and as indicated above, PROZIS Gift Cards are also not exchangeable or returnable as they are intended for use by a third-party beneficiary to whom the customer offers them. Given the fact that the use of this sort of product cannot be combined with any other promotional codes eventually in effect at the time of use, the third beneficiary of a PROZIS Gift Card may only use it in conjunction with any other PROZIS Gift Cards that may have received.
Additional Information
The products, information, services and other content provided on or through this page, including but not limited to any products, information, e-mails, services and other content offered by any hyperlink, are provided for information purposes only and in a summarized or aggregated form. This information is not intended to be considered as a substitute for advice from the customer's physician or other healthcare professional or for any information contained in the accompanying leaflet or packaging of any product. Before purchasing or using any product, information or service offered on or through this page, including but not limited to any product, information or service offered by any hyperlink, the customer should contact their doctor or pharmacist.
Customer should not use the information provided on this page to diagnose or treat any health problem or to prescribe any medication or other treatment. Customer should always consult the doctor or pharmacist and carefully read all information provided by the manufacturer of a particular product, as well as the information on the package leaflet or packaging of any nutritional, vegetable or homeopathic medicine or supplement, before starting any diet or training program or before starting any treatment for any health problem. Each individual is different, and the way a person reacts to a particular product may differ significantly from the way other people may react to the same product.
Except where otherwise noted on the page, PROZIS does not sponsor any specific product or service offered, advertised or sold on or through this page, including, without limitation, any product or service offered, advertised or sold on or through any hyperlink. PROZIS is not responsible for any products or services disclosed by third parties and available on any hyperlink or any claims of quality or performance made by them. Customer is hereby advised that other web pages, including but not limited to hyperlinks or pages linked to it, may contain material or information that some people may find inappropriate or offensive, inaccurate, false, wrong or misleading, defamatory or libelous, that infringes the rights of third parties or is otherwise unlawful. PROZIS expressly states that cannot be held liable for the content, legality, decency or accuracy of any information and of any products or services presented on any hyperlink or any page with a hyperlink to it.
Territoriality
The goods and services listed on this website are directed to citizens and domiciliaries of the United States of America only.
Restrictions may apply to different States, which means that some products may be excluded from the shopping cart in cases where the destination address belongs to one of such territories.
Governing Jurisdiction.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, in the U.S.A., regardless of where the customer is based. The registration as a customer shall mean the acceptance of the fact that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Florida, U.S.A., thereby consenting and committing to the personal jurisdiction of the said courts for the purposes of litigating any such action.
If any provision of these Terms and Conditions shall be considered unlawful, void, or for any reason unenforceable, as a consequence that provision shall be deemed severable from these Terms and Conditions, thus not affecting the validity and enforceability of any remaining provisions.
No waiver, by either party, of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Mandatory Preliminary Mediation
In the event of any dispute arising out of or in connection with the present contract, the parties agree in the first instance to discuss and consider referring the dispute to the ICC Mediation Rules.
1.5. Warranty
Since access to goods and services corresponding to those contracted and with the assurance of correct functioning is one of the fundamental rights of the consumers, PROZIS will guarantee the quality of its products for a period of 24 months from the date of purchase (except in the case of perishable goods), offering its clients, in cases where it is shown to be legitimate, one of the solutions below indicated, which the customer may claim:
- Termination of the contract and consequent reimbursement
- Compensation for the decrease in the product's value
- Repair of the defective product
Should the defective product fall into the category of fungible goods, PROZIS may, at its own discretion, opt for its replacement as an alternative for the reparation of the product.
The right to termination of the contract, to the compensation for the decrease in the product's value or to the repair of the defective product will only be valid if subject to timely notification of the defects. This means that the exercise of the warranty right by the customer will always take place upon submission of the complaint to the Customer Care Service and the return of the damaged or of the non-compliant product.
The Customer Care Service department will inspect the article in order to confirm the customer's effective entitlement to the warranty call, excluding all proven situations resulting, among others, from:
- Abuse, intentional damage or negligent damage by the customer;
- Normal wear and tear of the product, provided it is not within the expected levels for it as declared by the manufacturer;
- Inability to prove the malfunction or defect indicated by the customer;
- All situations that are detected as attempted fraud.
Upon inspection of the product received, the customer will be informed of the decision regarding their request. If the customer's right to call the warranty is confirmed, PROZIS will repair, replace or refund the item as soon as possible, up to a maximum of 30 days from the notification of the non-conformity of the product. This period shall only begin on the day on which the product is received at PROZIS premises, if the customer is responsible for the fact that the product was not collected on the date proposed by PROZIS.
Refund of any amount paid will be made through the same payment method used on the purchase of the product, unless otherwise agreed by the customer.
If the order through which the defective product was purchased includes a pack or batch of products and only one of some of which were defective, the termination of the contract may only proceed in respect to the defective items, unless otherwise agreed by both parties. The termination may, however, be extended to the non-defective items, at PROZIS' sole discretion, if a substantial prejudice may arise from the partial termination.
If the customer has received a defective or damaged product, or if the product received is different from the one that the customer has actually ordered, a short video shall be attached to the complaint or, as appropriate, photographs on which the problem detected or the condition of the carton delivery box may be clearly visible.
The customer must also retain, until further notice from the Customer Care Service department, not only the defective, damaged or non-conforming product but also the respective delivery carton box.
If, at the time of delivery of the order, the external appearance of the carton box is not in perfect condition, customer shall reject the delivery under the penalty of non-acceptance of the complaint.
These provisions are without prejudice to any rights of the consumer, arising directly from any law in force.
Remark: If as a result of the positive assessment of a complaint, a product shipping coupon for a future order shall be sent to the customer, that coupon must be triggered within the expiration date stated on the same in order to prevent a stock-out situation.
1.6. Suggestions
The customer's opinion is very important to PROZIS as it allows the implementation of improvements in the services provided. Thus, if for any reason customers are not satisfied with such services or with any of the purchased products, or, even, if they have any suggestions, PROZIS would appreciate any situation being reported, preferably by a message to Customer Care Service.
1.7. ProzisPoints
What are ProzisPoints?
ProzisPoints are points that a client earns when purchasing any product from Prozis.
A certain number of ProzisPoints is attributed to each product.
Where does it say how many ProzisPoints each product is worth?
On each product page, the associated number of ProzisPoints is displayed.
The number of points can be found to the right of the product image, next to where the price is shown.
Do ProzisPoints expire?
Yes, ProzisPoints are valid for 12 months and this period is calculated from the date the order has been placed.
For what can ProzisPoints be used?
ProzisPoints can be exchanged for exclusive gifts, or saved in the client account so they can be spent with later orders. When a client chooses to save his/her points, there will be more and more valuable gifts to choose from when placing the next order.
How can ProzisPoints be exchanged for gifts?
After placing items in the shopping cart and proceeding to the order checkout, a page is shown that informs the client of the total amount of ProzisPoints available in his/her account. On this page, step 1 of order checkout, the client can choose to either save the ProzisPoints for later orders, or exchange them for gifts that appear after selecting the respective option.
The client can then select the gifts and the corresponding quantities according to the number of points available, and add then to the order by clicking on "ADD TO CART". This points exchange procedure can be repeated until all available points in the account are spent.
After having selected the desired gifts, the client can click on "NEXT STEP" at the bottom right corner of the page to proceed.
Is it possible to confirm that the ProzisPoints gifts will be sent with the other items in the order?
When confirming the items in the shopping cart, during step 4 of order checkout, the ProzisPoints gifts will appear in the overview with the indication "FREE", meaning that the gifts do not require any payment from the client. In case the selected gifts do not appear as expected in this overview, the client is advised to repeat the procedure.
At the bottom of the same page, it is displayed how many ProzisPoints were exchanged for gifts as well as how many will remain available in the account for later orders.
If the client removes the gifts from the shopping cart before concluding the order, the corresponding amount of ProzisPoints will be put back into the client account.
What is the advantage of saving ProzisPoints?
By choosing to save the ProzisPoints instead of spending them, the client will eventually be able to acquire gifts of a higher value.
Are there any other ways to earn ProzisPoints?
By commenting on items purchased at our store, the client is able to earn more ProzisPoints. If the comments comply with our regulations, they will be approved and published on the Prozis website.
The client receives 20 ProzisPoints per approved comment.
What is the value of one ProzisPoint?
Each ProzisPoint is worth $0.0100.
Where can more detailed information about one's ProzisPoints be found?
An overview of all the ProzisPoints movements is available in the client's Prozis account. After having logged in, this overview is accessible by clicking on the client name and selecting the option "ProzisPoints" from the drop-down menu.
The page shows for which specific gifts the ProzisPoints were exchanged, how many points were earned with the purchase of each item and the ordered quantities, as well as the total of ProzisPoints currently available and being processed.
What does it mean when ProzisPoints are “being processed”?
The gifts for which ProzisPoints were exchanged were not included in the order. Why?
If the client removes one or more items from the shopping cart after having selected ProzisPoints gifts, these gifts will automatically be removed from the cart, and the respective ProzisPoints put back in the account.
If the selected gifts are not included in the order, the client is advised to consult his ProzisPoints movements on the respective page, to verify if the points spent on the gifts were indeed removed. If no points deduction appears, that means that the gifts were not correctly added to the shopping cart, and therefore not included in the order either.
The ProzisPoints earned and exchanged for gifts in a certain order do not appear in the ProzisPoints overview. What happened?
This situation can be caused by one of the following reasons:
- The order was cancelled: this causes the accumulated and used ProzisPoints for that order to be cancelled. Therefore, these points no longer appear in the ProzisPoints overview.
- The order was returned to Prozis: the ProzisPoints that are exchanged and earned with a certain order are cancelled when the order is received at our warehouse, causing them to disappear from the ProzisPoints overview.
- The client returned one or more products acquired with his/her order: once the return is processed by our warehouse, the ProzisPoints earned with the purchase of the products in question are cancelled. These points therefore no longer appear in the ProzisPoints overview.
- The client received one or more damaged products: after the complaint is dealt with by our Client Support Service, the ProzisPoints earned with the acquired products and/or exchanged for gifts are cancelled, meaning that they no longer appear in the ProzisPoints overview.
- The client did not receive one or more ordered products: after the complaint regarding the missing product(s) is dealt with by our Client Support Service, the ProzisPoints earned with the purchase of the products and/or exchanged for gifts are cancelled. For that reason, they disappear from the ProzisPoints overview.
The ProzisPoints balance is negative. How is that possible?
This situation can be caused by one of the following reasons:
- An order was returned to Prozis, and the ProzisPoints earned by the client in that order were exchanged for gifts in a following order: the ProzisPoints corresponding to a returned order are cancelled once the order is received at our warehouse. If the client uses the ProzisPoints earned with the returned order to exchange for gifts in a following order, during the time before the returned order is received and registered at our warehouse, the ProzisPoints balance can become negative.
- An order was returned either completely or in part, and the client used all or part of the ProzisPoints earned with the ordered product(s) to exchange for gifts in that same order: the ProzisPoints earned with the purchase of a product are cancelled whenever the product's return is registered at our warehouse. As such, if the client exchanges the earned ProzisPoints and then decides to return the product, the ProzisPoints balance can become negative.
Is it possible to exchange or return products for which ProzisPoints were exchanged?
Prozis does not accept any exchanges or returns of products for which ProzisPoints were exchanged.
Can I exchange my entire ProzisPoints balance for gifts in a single order?
Per order, it's possible to exchange up to 9300 ProzisPoints.
II - Privacy and Data Protection Policy
2.1. Introduction
Browsing the PROZIS website and customer registration on the online store requires the acknowledgment and the acceptance of this Privacy and Data Protection Policy.
PROZIS maintains a constant concern for the protection of the privacy of personal data and a preventive action regarding the security of the site and the protection of the data of its customers and visitors.
To reinforce the guarantees of the confidentiality of personal data, new data protection measures are constantly being implemented, both in terms of verifying the legitimacy of the use of the personal data processed as in terms of ensuring compliance with the rights granted to the data subjects. In this context, and through the specialization of customer support channels, PROZIS aims to promote a clearer and more objective communication of the purposes underlying the processing of personal data and the transparency of processing operations.
Thus, the information contained in this text is intended to convey, clearly and unambiguously, the content of the privacy policy and protection of the personal data processed under the terms of this Privacy and Data Protection Policy and delimited by the content of the business relationship to be established between the data subject and PROZIS.
2.2. Personal data collected
In general terms, personal data are collected in three situations directly arising from PROZIS' activity:
2.2.1. User registration: PROZIS customer account creation and data processing purposes
For the purpose of creating and managing the customer account, a personal area (Account Data) is provided on which the customer must enter the data necessary for their identification as a customer. For this reason, at the latest when placing the first order, the customer must provide the personal data considered as necessary for a successful order processing and delivery.
Required fields on the forms available for those registration stages are marked with an asterisk (*).
PROZIS is committed to protecting customer data which will never be made available to third parties without the acknowledgment or consent of the data subject, as legally required.
PROZIS has entered into Confidentiality and Data Protection agreements with the companies of the business group to which it belongs, namely with PROZIS GROUP, S.A., tax no. PT509423272; PROZIS.TECH, S.A., tax no. PT504276638, PROZIS.COMMERCIAL, S.A., tax no. PT507107381 and VERYFEX, S.A., tax no. PT509838057, that provide the supporting services of sale and distribution of the online store products, as well as with every single company that render supporting services for the operationalization of the functionalities and applications that customers intend to use.
Besides that, when making a purchase on the site, customers will also be asked for their shipping address and payment details in order to promote maximum effectiveness and to ensure that the delivery times are met. Such data will be transmitted to the abovementioned companies of Prozis Group as well as to the carrier which will guarantee the delivery operation, all those entities being obliged to process such data using the most adequate safety measures.
When processing a customer's order, it is possible that certain personal data - such as address and zip code - may be disclosed to third parties for the sole purpose of fraud prevention and detection and always following a request from the competent authorities. Such entities are also required to implement protection and security measures of such data.
Warning: For security reasons and for the protection of personal data, we recommend customers to destroy or struck through the label on which the data are printed, immediately after receiving the order, so as to prevent such data from being consulted by third parties after disposal of the packaging at recycling points.
For the effectiveness, also, of the remaining functionalities made available by PROZIS upon customer's request, additional data may be collected. Such data will be subject to processing accordingly to the terms and conditions of use specifically laid down and made available for each functionality.
The provided data will be stored for the strictly necessary period, which usually corresponds to the period of existence of the customer account. For this reason, when the customer triggers the deactivation of their account, the personal data will be permanently deleted, except for the data necessary to comply with legal obligations, namely but without limitation, for billing and accountancy purposes. Such data will be stored in a database specifically created for that purpose and only for the time absolutely necessary. Likewise, on an exclusive database, data regarding the transactions made by Credit Card will be stored for twelve months. Such storage is made for the sole purpose of allowing future reimbursements due to customers during the said period, counted from the date of issuance of the respective invoice.
Therefore, once the account has been deactivated, if the customer wants to place a new order on the site, the customer must make a new initial registration, subject to the terms and conditions in force at that same date.
Warning: In the event that, after the expiry of the twelve-month period abovementioned, a reimbursement shall take place and the account has already been deactivated, the customer shall contact the Customer Support, providing the new bank details by means of the presentation of an original and official bank statement. Only bank statements on which the customer is identified as the sole or main holder of the new bank account will be accepted.
Completion of customer registration will trigger a registration confirmation for the e-mail address that the customer has associated with the customer account which will include a hyperlink to this text.
Any functionality or platform that PROZIS may own and that the customer intends to use shall be conditioned to the acceptance of the respective terms and conditions of use as well as to, whenever specifically provided for, to the respective Privacy and Data Protection Policy. In all matters not covered by the beforementioned texts will be governed, with the necessary adjustments, by the terms set out on the present document.
In regards to the accuracy of the customer's data and the respective registry, whenever the customer intends to verify the data provided to PROZIS, the customer may do so on the Account Data tab. Customer should keep their account access codes secure, as any action or request made through the account will be their responsibility.
Warning: For security reasons and for the protection of personal data, we recommend clients not to save their password in their browser, since another person with access to their devices can access their personal information.
For what purpose is the collected data used?
Customer data are processed in the context of actions such as order processing, customer's notification of any changes to site functionalities, surveys and the evaluation of interactions for statistical purposes.
Further information about the customer experience on the site may be collected for the sole purpose of improving customer service. However, this will only be done upon confirmation of the respective holder's acknowledgment or, where applicable, their express consent. For the purpose of assessing and certifying PROZIS' quality of service and responsiveness, information will be shared with entities specializing in this area, in particular with Trustpilot.
Customers may, periodically and by e-mail, receive information about products and services, campaigns, promotions and special offers. If the customer does not wish to be contacted for these purposes, the customer may unsubscribe from the newsletter by opting-out, on the Manage Permissions tab provided for in the Account Data area or by clicking on the hyperlink provided for in the text of the newsletter made available for that specific purpose.
2.2.2. Customer contact with PROZIS
Whenever the customer, on their own initiative, contacts PROZIS in order to obtain information, regarding the products, purchase procedures, the status of the order or to report any situation related to the site or to any services provided, PROZIS may need to collect additional personal data for various purposes, which will be specifically communicated in such case, but which may generally fall under the circumstances of confirming the customer's identity and the purpose of the contact.
In order to ensure that the contact is actually being established by the data subject, PROZIS has implemented measures to reinforce the identity of the caller, especially in cases where the contact is established by telephone.
Thus, the operator will only proceed with the call after the clear and objective communication of the purpose, of the conditions of validation of the customer's identity and after the express confirmation, by the customer, of the intention to continue the conversation under such conditions. In this context, the customer may, for example, be asked to indicate one or more products purchased in previous orders, which the operator will do after requesting permission to access the purchase history of the previous 6 (six) months. Alternatively, and after describing the identity validation mechanism, the operator may send an alphanumeric validation code to the telephone contact or e-mail address registered in the customer's account, which will afterwards be required by the operator in order to begin the main conversation. Once the customer identity has been validated, the operator will ask key questions based on the description of the purpose of the contact in order to frame the situation and to eventually forward it to the adequate Customer Care Service operator.
Eventual recording of the call for the purpose of quality of service assessment will depend on the prior and express consent of the customer for this purpose.
For each communication established between the customer and the customer service and as soon as the situation that led to the customer's contact with PROZIS is considered resolved, the customer will be sent a message confirming the update of the complaint or the status of their request. Personal data associated with the initial contact will be retained for a maximum period of 36 months, after which it will be permanently deleted. In certain cases, upon completion of the process, a request for assessment of the service provided, with an optional reply, will be sent. Accordingly, and if the customer expressly consents, the customer's opinion on the level of satisfaction with the service provided will be stored. This specific registry will not imply the storage of any personal data, but only the level of satisfaction but using a proper pseudonymisation procedure.
2.2.3. PROZIS contact with the customer
When processing a specific order, there may be a need for PROZIS Customer Service to contact the customer with a view to:
i) confirmation or rectification of any of the personal data required to complete the delivery process (e.g. the delivery address). In such cases, contact will be made to the mobile phone number on the customer file. Once the connection has been established, the operator will confirm the caller's identity by following, if necessary, the procedure described on the clause 2.2.2. above.
ii) informing the customer that a message has been sent to their mailbox in the customer account as a result of the stockout of one or more items in the order concerned and that, as an alternative to unavailable products, the amount paid back or similar products may be returned, as provided for in the clause 1.4. of the General Conditions of Sale.
iii) request for clarification on the content of any message sent by the customer or regarding conversations already in progress. In either case, such contact will be followed by a written message confirming the content addressed and / or any fact eventually agreed upon.
2.2.4. Cookies and Other Marketing Tools
2.2.4.1. Classification and description of the cookies used by PROZIS
Regarding the type:
Essentials - allow you to navigate the site and use its features. Without these cookies, orders cannot be processed.
Non-Essentials, Functionality or Performance - Collect information on how the user uses the site to improve its functionality. They allow you to check which areas are of greatest interest to the customer by measuring the effectiveness of promotional campaigns. In this way, PROZIS can understand which products and promotions are best suited to the customer's interests and needs, which will be done through: the elaboration of statistics based on the non-individualized behavior of the customer and the consequent use of the site; measuring the effectiveness of advertising campaigns; consequent improvements in navigation, etc., for the sole purpose of improving the site's performance and responsiveness. For this reason, performance cookies provided by authorized third parties are also used for the purposes stated herein.
Analyticals - used anonymously for statistical purposes and for the purpose of improving the functioning of the site without any collection of personal information. They allow you to highlight articles that may be of interest to customers or visitors, monitor site performance, determine the most effective method of linking pages, or even why some pages are receiving error messages.
Regarding validity:
Persistent - stored on the customer's computer or equipment between browser sessions to maintain settings or preferences and to improve site usage on the next visit. Some of these cookies are provided by authorized third parties, however, with the following purposes: presentation of campaigns and products - considered to be in the customer's interest; retargeting - advertising of PROZIS products on partner or social network websites without storing personal data or user profiles, thus not assuming the transmission of any personal data to third parties because advertising is entirely anonymous.
Session - limited to each user-initiated session, so they expire each time a browser session is ended. They may be aimed at indicating products previously placed in the shopping cart, identifying problems and ensuring a better browsing experience. Some session cookies may also be a guarantee of enhanced security.
Cookies used by PROZIS
The cookies remain on the chosen browser merely during the session and may inclusively be deactivated if a period of inactivity of the user shall be detected.
Regardless the session length, the user may, at any time, deactivate these cookies by managing the browser settings.
More detailed information can be found the Cookie Declaration tab.
2.2.4.2. Enabling and disabling cookies and similar technologies
Newsletters and other communications may, for statistical purposes, contain information that enables the provider to know if they are opened and to verify clicks through hyperlinks within them. However, the customer may always refuse receiving newsletters or e-mail communications through an option specifically provided for such purpose and mentioned therein.
In addition, in the "Help" menu of the browser used, the customer can manage the use of cookies and other similar technologies. As indicated in the message at the top of this page, access to the PROZIS online store presupposes the use of cookies and their deactivation may affect site navigation.
When intending to, and if applicable, the customer may ask for additional information regarding the storage period of the data collected by the cookies provided by PROZIS.
For more information, it is suggested to consult the information provided in each of the browsers or to consult articles with specific information on the subject (e.g. https://www.allaboutcookies.org/)
2.2.4.3. Individualized communications of product and services promotions
Depending on the customer's choice between standard experience or custom experience, PROZIS may or may not send e-mails, in the form of notifications or newsletters, within which general or customer-oriented promotional campaigns are conducted. In both cases, such communications shall be received only upon confirmation that the customer has expressly and unambiguously given his consent and that he has been informed of his right to terminate, at any time, the permissions previously granted to such effect. The customer may at any time check which permissions are granted in connection with the processing of personal data in the Manage Permissions tab of the Account Data heading.
The processing of personal data carried out within the scope of individualized communications is made in strict compliance with the applicable data protection and privacy rules, whether carried out by PROZIS' employees or by any other company belonging to PROZIS Group, to whom data may be transmitted for the purpose of performing the services necessary to perform the said promotional campaigns.
2.2.4.4. Redirecting
Some hyperlinks on this site redirect the customer to external websites, partners of PROZIS. By clicking on those hyperlinks, the customer will be leaving the PROZIS' website. As no control over these sites is possible, PROZIS cannot be held responsible for any content made available on them. Navigation and use of any platform owned by PROZIS or by any of its partners will mean the acceptance of the conditions of use of the same, accordingly to the specific terms laid down for that purpose.
2.3. Secure Data Processing, Lawfulness, Fairness and Transparency
PROZIS uses one of the safest online ordering systems and is constantly improving its software so to offer the safest possible data processing to its customers and to assure their trust. A server certificate, also known as a digital certificate, ensures our identity, as well as Secure Sockets Layer (SSL) encryption of transmitted data.
All the personal data of PROZIS' customers are subject to a lawful, fair and transparent processing. For that reason, the data subject may always contact PROZIS for any clarification regarding the processing of their data, as stated on the clause 2.5.1. below.
2.4. Access and Purpose Limitation
PROZIS undertakes to use the personal data of its customers and visitors for the purposes strictly necessary for the pursuit of its activity, with the limitations arising from the scope of the same or the extent of the consent expressly granted by its holder. This also means that the data will not be transmitted to any third party without their knowledge and / or authorization where PROZIS is so legally bound to.
In this sense, PROZIS also ensures the access to such data by its employees to the extent deemed absolutely necessary to carry out the action in question. Those employees are identified and tracked according to the functions and tasks assigned to them and within the framework of the contractual relationship set between them.
All data processed by PROZIS, whether directly indicated by the data subject or collected by PROZIS for the sole purpose of executing the contract set between them or for the execution of any functionality requested or accessed by the customer will be definitely erased as soon as the purpose which has determined the processing fails to exist. For that reason, the storage of personal data shall observe the principles of data minimisation, purpose limitation and storage limitation since only the strictly needed data for the compliance with the legal and contractual obligation will be collected, which will be stored in a specific proper database for the period strictly necessary to such purposes.
2.5. Data Subject Rights
2.5.1. Right to information and access to personal data
The customer may at any time request information about the stored personal data.
2.5.2. Right to Rectification and Right to Erasure of personal data
In order to exercise their right to rectification of their personal data, customer shall send the request, identifying the data to be modified and the up-to-date information, via e-mail sent to [email protected] or by registered letter sent to: PROZIS.COM, S.A., Zona Franca Industrial, Plataforma 28, Pavilhão K, Modelo 6, Caniçal, 9200-047 Machico, Portugal. The same procedure should be followed if the customer wishes to exercise their right to erasure of personal data. In either case, the customer will receive confirmation, via the same channel used, that their request has been answered as requested.
2.5.3. Right to Restriction of processing, to Object and to Withdraw prior consent
In reinforcement of the principle of transparency in the processing of personal data and customer communications, PROZIS allows the customer to, at any time, modify the data processing permissions granted for each of the stated purposes. Through the opt-in and opt-out features made available for the activation and deactivation of the granted permissions, in the tab “Manage Permissions” of the customer's personal account (Account Data heading), the customer can modify or revoke the previous consents, namely those given for the purpose of receiving advertising campaigns, newsletters and other individualized communications including profiling, designed for the PROZIS-customer relationship or for the optimization of the custom navigation experience as well as for the data processing by the remaining Group companies or by third parties which are PROZIS' partners for the execution of any of the functionalities that may be made available at the customer's request.
2.6. Subsidiary application
This text shall govern all the matters regarding the privacy and the data processing done within the framework of the use of the apps and further functionalities, whether accessible through a hyperlink made available by PROZIS on the website, or on any other platform owned by PROZIS. For that reason, it shall be applicable on a subsidiary basis to all the situations which may not be specifically regulated.
2.7. Privacy Policy changes and contacts
2.7.1. Any changes made to this Privacy and Data Protection Policy will be posted on the PROZIS website and all versions prior to this will be made available upon express request of the customer.
2.7.2. Irregularities, non-compliance and any security restrictions on the processing of personal data should be immediately reported to the Data Protection Officer of PROZIS by e-mail: [email protected].