These conditions are agreed between the SmartLunch online store (www.smartlunch.pt) and customers who place orders in the SmartLunch online store. If any condition is omitted, it will be considered regulated by the practices and customs in force in the distance selling sector in accordance with the Code of Ethics and Fair Practices of AMD – Associação Portuguesa de Marketing Directo.

OBJECT

The purpose of these conditions is to define the sales modalities between Morning Melody, Unipessoal Lda (corporate name – SmartLunch) with NIF 513030565 and the customer, from ordering to services, through payment and delivery.

ORDERS

To place your order, the customer must provide: - their user code and password - delivery details The fact that the customer places their order is equivalent to full acceptance of the prices and description of the products available for sale as well as the conditions general terms of sale, which will be the only ones applicable to the contract thus concluded. SmartLunch will honor orders received online only up to the limit of available stocks. If the product is not available, SmartLunch undertakes to inform the customer as soon as possible. SmartLunch reserves the right to refuse any order.

DELIVERIES

Delivery of orders will be made to the address indicated by the customer when placing the order. Delivery costs and times will be communicated to the customer at the time of ordering. When placing an order, the customer is accepting these costs and delivery times. For urgent 24-hour shipments, payment confirmation must be made by 4pm on the same day, in order to begin the shipping process immediately. For payments made after 4pm, the shipping process will only begin on the next business day. The shipping costs accepted by the customer at the time of purchase correspond to a service provided by SmartLunch or its distribution partners that only aim to deliver the order from point A (SmartLunch warehouse) to point B (address indicated by the customer). To monitor an order in progress, the customer may and should contact the Customer Service of the corresponding distribution partners. Before the order is dispatched, an email is sent to the customer with the purchase receipt/invoice. If the customer does not claim the order from the transport entity within the time allowed and the order is returned to SmartLunch, then the customer will have to bear the transport costs of the new shipment. Free shipping campaigns are only valid for the first shipments, and never for reshipments of orders.

PAYMENT

SmartLunch offers the customer several payment methods: - Credit Card - ATM reference - Bank Transfer In the case of payment by credit card, the debit will be made at the time of confirmation of the purchase. SmartLunch does not have access to its customers' payment data and will use all its efforts to ensure maximum confidentiality and security in data transmitted over the internet.

EXCHANGES AND RETURNS

Any product purchased at www.smartlunch.pt can be exchanged or refunded, and the customer must contact us via email at smartlunch@smartlunch.pt. The exchange or return must be made within a maximum period of 14 days. Returned products must be in the same condition in which they were delivered to the Customer, without any signs of use, and in the respective packaging. If the final value resulting from the exchange of products in an order is higher than the initial value of the order, the Customer will have to cover the difference, using one of the available payment methods. If it is lower than the initial value, or in the case of a return, the Customer may request a refund of that amount by bank transfer to an account to be indicated. SmartLunch does not accept exchanges/returns of items that have their original packaging damaged. Items sent free of charge, in the form of gifts or bonuses, will not be refunded. Shipping and banking costs associated with returning products are borne entirely and exclusively by the Customer. SmartLunch will reimburse the Customer within a maximum period of 14 days from receipt of the item to be returned. SmartLunch does not accept returns sent postage paid or cash on delivery. Returns will only be accepted within the stipulated period and exchanges are subject to stock availability. SmartLunch's product catalog is independent of your physical store, both in terms of price and quantity in stock. All promotional campaigns have limited and exclusive stock for online marketing. In case of unavailability of the product and/or out of stock, you will be informed of the partial or total cancellation of your order with the right to a refund of the respective amount paid. In all cases, any exchange or credit request must be made by registered mail that guarantees delivery of the goods to our address at Estrada Consiglieri Pedroso, 71, edif.F 2º, 2730-055 Barcarena. In the order to be returned, the reference of the item(s) and the reasons for return must be indicated

DEFECTIVE ITEMS

In the event of a notable anomaly in the product received, the item must be sent to SmartLunch for analysis. The item can be exchanged or refunded, as long as the Customer returns it within a maximum period of 14 days from the date the order was shipped, by contacting us via email at smartlunch@smartlunch.pt. It is up to the customer to send the object without charge or go to a point of sale to make delivery, but only after establishing contact via email (smartlunch@smartlunch.pt). After verification by the quality department, a response is given to the Customer. This process may take up to 20 days. If the anomaly is detected, a new product will be sent to replace it. If the item with the same reference is not in stock, the customer may choose another item of the same value or a refund for the value of the defective item. If the anomaly is not verified, the item is returned to the customer, against payment for shipping (in the amount of €3.50, to be made via bank transfer to an account to be indicated).

RESPONSIBILITY

SmartLunch excludes all guarantees and any liability for inconveniences or losses inherent in the use of the Internet network, in particular, a service interruption, an external intrusion or the presence of computer viruses, or any case of force majeure as classified by jurisprudence of the courts, to the extent permitted by applicable law.

PROCESSING OF PERSONAL DATA

The customer authorizes SmartLunch to automatically process the personal data provided by the purchase order, in particular, through the use of cookies. If you lose or forget your password, you can start the password recovery process in the “Recover Password” section.

NEWSLETTER AND SMARTLUNCH

The name SmartLunch Newsletter is given to e-mails with promotions, offers and information, sent directly to the customer's e-mail inbox. The customer is automatically registered from the moment they register with SmartLunch.

FULL AGREEMENT

These Terms of Sale constitute the entire agreement between the parties in question. In the event that one of the clauses of this contract is declared null and void, due to a legislative, regulatory change or sentence, it will not lose its validity, and compliance with these General Conditions of Sale is mandatory. SmartLunch reserves the right to change these Terms and Conditions at any time.

CONSERVATION AND ARCHIVE OF TRANSACTIONS

Orders and invoices will be archived on a reliable and durable medium to provide a faithful and durable copy

APPLICABLE LAW AND COMPETENCE

Portuguese law applies to the conditions of this contract. The attribution of jurisdiction in the event of a dispute, and the lack of an amicable agreement between the parties, will be submitted to the competent courts of Portugal despite the plurality of defendants and/or whatever the type of procedures. In the event of a dispute, the consumer, under Law No. 144/2015, can also resort to an Alternative Consumer Dispute Resolution Entity: CNIACC – National Center for Information and Arbitration of Consumer Conflicts (www.arbitragemdeconsumo. org).