Terms and Conditions

INTRODUCTION

These Terms and Conditions outlined here regulate the access and use of the website https://frolenergizer.com/, which is under the responsibility of FROL EXPLORER – (Portugal Branch) of FROL EXPLORER, LTD., United Kingdom company, a collective entity with the number PT980643600. The registered office of FROL EXPLORER (Portugal Branch) is located at Centro de Negócios de Vila Nova da Barquinha, Lote 7; 2260-067 Vila Nova da Barquinha.

By accessing and using this website, you, as a user, fully and unconditionally agree to these terms and conditions. This agreement applies to all content and services on the website, as well as specific regulations, particularly those related to food quality and safety.

Please note that Frol Energizer reserves the right to amend these Terms and Conditions at any time without prior notice and with immediate effect. This includes making rectifications or corrections, including adding, updating and deleting information present on this website.

Frol Energizer holds no responsibility for any facts arising from the unavailability of the site, whatever the duration. Frol Energizer also reserves the right to make changes to the site, its configuration, design, structure, presentation and access conditions at any time, without prior notice. Furthermore, Frol Energizer reserves the right to limit access to some areas of the website due to technical reasons or in order to comply with legal obligations.

1. Ownership of the website’s content

Access to the website does not give the user any rights over the content made available by Frol Energizer.

Information contained on this website, which includes the title, texts, images, photographs, icons, software, is the intellectual and industrial property of Frol Energizer.

2. Licence

In accordance with the stipulations in these Terms and Conditions, Frol Energizer grants users the permission to utilise this website strictly for personal or informative purposes only.

Users are authorised to view, print and partially import content from this website when the purpose is to obtain information for personal and private use or to access any service of the website.

Users are obliged to use the services and contents of this website in accordance with the regulations in force. As a mere enunciative, the user is prohibited to:

a. Reproduce, copy, distribute, cede or publicly communicate the information found on this website;

b. Commercialise and market the information available on the website in any way or form;

c. Use the information for commercial purposes;

d. Use this website for illicit activities and purposes against Frol Energizer or third parties;

e. Send unsolicited messages to multiple people regardless of the intent;

f. Manipulate or gather the databases that store information from this website;

g. Generate spam through the use of this website and its information and services;

h. Prevent the normal operation of this website.

Frol Energizer reserves the right to revoke the license at any moment and at its own discretion if any illegal, abusive, or fraudulent act is detected.

3. Content and limitation of liability

The access and use of the website, including the display of web pages, constitute actions performed by users.

Users bear the sole and exclusive responsibility for using the website and its contents. Specifically, users are solely responsible for communicating and sharing incorrect, false or third-party information or data without their consent, as well as for any misuse.

The website’s content may have inaccuracies or errors. Frol Energizer is not accountable, nor can it be held liable, in any way or form, for inaccuracies, errors and any damages caused or resulting from the website’s use by users. Users are solely and exclusively responsible for evaluating the information and content obtained from the website.

Frol Energizer disclaims any liability for damages resulting from the impossibility of accessing the services available through the website or caused by viruses, damaged files, errors, data alterations, content cancellation, omissions, issues related to the internet, service interruptions, service providers or telephone and/or telematics connections, unauthorised access, or those related to the non-existence and/or malfunction of the user’s electronic devices.

Users are responsible for the correct use and safekeeping of their personal information and is liable for any damage or harm caused to Frol Energizer or third parties resulting from the incorrect use, loss or theft of personal information.

Upon registration, users are responsible for safekeeping and correctly using their credentials that allow access to the services reserved area. Users will also be responsible for providing specific information that must be correct and up to date. Users may not choose a username belonging to a third party with the intention of using his/her identity. Likewise, the user may not use the username of a third party without their express consent.

You must ensure your password’s confidentiality and must not share it with third parties. Users are entirely and exclusively responsible for any actions carried out through their accounts, directly or through third parties authorised by the users.

4. Protection of personal data

Frol Energizer has implemented the appropriate technical and organisational measures to secure the services it offers through the website. These measures ensure the integrity of electronic traffic data, preventing unauthorised use or access. They also mitigate the risk of spreading, destroying or losing both confidential and non-confidential user data information on the website. Unauthorised access to related content of data and information, which is in violation of legal regulations, is also prevented.

We encourage users to review our Privacy Policy, which is an essential part of these Terms and Conditions. It provides insight into how the website collects and uses the user’s personal data and their respective purposes.

5. Cookies

You are advised to consult our Cookies Policy, which is a crucial component of these Terms and Conditions.

6. Duration

Frol Energizer website is available for an indefinite period. Frol Energizer reserves the right to interrupt, suspend or terminate the provision of the website or any of its services at any time.

7. Links to other websites

If the website provides links to other content or third-party websites, these links are included for information purposes and are simply present as a convenience to the users. Frol Energizer does not control those third-party websites and contents and is therefore not responsible for their products and information that they might share, nor for any damage or loss that may result from their use by the users, as well as for the processing of personal data during internet browsing operations. Access to any other website via a link on the Frol Energizer website is the users’ sole responsibility and risk.

Therefore, the users must pay the utmost attention when connecting to other websites through links on the Frol Energizer website and take the time to carefully read their Terms and Conditions and Privacy Policies.

8. Product purchase

8.1. Product Availability

The articles shown on this website can be delivered in mainland Portugal and in the Islands (Azores and Madeira), subject to their respective shipping costs.

Moreover, you can also order items from other European countries, through this website. The products ordered will be delivered to the destination address provided by the users, as long as it is within our range of countries we ship to, plus their respective value of shipping costs.

For orders to be delivered outside the EU, please contact us directly via email at commercial@frolenergizer.com. We will do our best to assist with international shipping arrangements!

8.2. Contract and Deadlines of Payment

To place an order, simply follow the online purchasing procedure and proceed to payment. When the users perform this act, they are entering into a purchase contract with Frol Energizer. Afterwards you will receive an e-mail acknowledging receipt of your order. If you do not complete your payment after placing the order, you will be notified via email within 10 hours regarding the incomplete transaction. In any case, if the payment is incomplete at the end, there is no retention of any payment data entered by the users unless the supplier’s platform allows it, and the user expressly consents.

8.3. Availability of Products

Product orders are subject to availability. In the event of any supply issues or if items are no longer in stock, we will promptly notify the users about the unavailability. Any payments users have made will be refunded within a 30-day period.

8.4. Value Added Tax (VAT)

All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.

8.5. Price and Payment

The price of each product will be as stipulated at all times on our website, except in the case of obvious error. Although we will try to ensure that all prices on the website are correct, errors may occur. If we detect a pricing error for any of the products in your order, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be cancelled, and you will be refunded the full amount paid.

We are not required to provide any product at the mistakenly lower price, even after sending you the order confirmation. If the pricing error is clear, unmistakable, and could have reasonably been identified by you as an incorrect price.

The prices on this website include VAT but do not include shipping costs, which will be added to the total amount due, information to be obtained from Frol Energizer via email: info@frolexplorer.com.

While prices are subject to change at any moment, any alterations will not impact orders that have already received an order confirmation, barring the exceptions mentioned previously.

After you’ve selected all the items you’d like to purchase and added them to your cart, you can proceed to finalize your order and make a payment. This process involves several steps where you’ll be asked to provide or verify certain information.

To ensure the security of your transaction, your credit card details will be encrypted. Once we receive your order, we’ll pre-authorise your card to confirm that sufficient funds are available for the transaction. By doing checkout, you’re confirming that the credit card belongs to you or that you’re the legitimate owner of the card being used.

Please note that credit cards are subject to verification and authorisation by their respective issuers. If the issuer does not authorise the payment, we won’t be held responsible for any delays or nondeliveries, and we won’t be able to establish a contract with you.

8.6. Payment Methods

Frol Energizer offers a variety of payment methods for purchases made in our website:

MB WAY

Users can pay for their orders using MB WAY. To do so, during the ordering process users must select this payment method and indicate the phone number they wish to associate, access the application and follow the steps indicated to confirm the purchase.

If the number entered does not correspond to a number registered in the application, the users will be informed and must correct the phone number or choose a different payment method. As indicated in the application, payment must be made within five minutes, or the order will be cancelled.

Credit Card

Users can pay by credit card, taking advantage of the liquidity and payment terms offered by their bank. This payment method requires, prior to the purchase, the entry of the 16-digit card number, as well as the 3-digit CCV security code, the card’s expiration date and the name of the cardholder. The name on the card must match the account holder’s name or belong to a family member in the same household. To comply with fraud screening and security control procedures, users may need to provide clarification and additional information if they wish to use a bank card that does not meet these requirements. In such cases, the order will not be processed until the payment method details have been verified.

Is it safe to pay online with my credit card?

All transactions on our website are secure. Frol Energizer uses a mechanism to detect and prevent fraud. This system allows for the validation and authenticity of online payments, while safeguarding the integrity and security of user data, as well as identification. This security is made possible by SSL (Secure Sockets Layer) technology, which encrypts the communication between the user’s software and our server, preventing interception. Therefore, Frol Energizer, reserves the right to refuse payment for an order deemed illegal. Any activities identified as illegal will be immediately reported to the relevant authorities.

3D Secure

3D Secure is a communication protocol developed to improve the safety and security of online payments and make it possible to authenticate the credit card user with the issuing bank. When a payment is made in an online store, a process is triggered which checks that the card used is valid. If the card is found to be valid, the security systems associated with the protocol verify the user’s identity by contacting the credit card issuer in real time, which in turn validates the user’s identity and reports confirmation that the card used is legitimate. This verification process aims to protect cardholders by minimizing the potential for fraudulent use of their cards, thereby ensuring more efficient transactions. This protocol is utilized by Visa, under the name “Verified By Visa”, and by Mastercard, under the name “Secure Code”.

How do I pay by credit card?

After selecting the option to pay by credit card and by doing checkout, the users will be redirected to the page of the entity that is responsible for the payment transaction.

On this page, you will need to enter your credit card details, namely those identified above, and then validate your payment. If the payment is rejected, it is suggested that you try processing the payment again. Should the issue continue, we recommend contacting the respective bank or credit card issuer for further details.

After the payment is processed, the amount will be debited from the user’s credit card account. Should there be a need to cancel the order, either partially or fully, the corresponding amount will be refunded. It is expected that the transaction will be reflected on the customer’s card statement after three business days from the date of the transaction.

Payments are always made in Euros, however, if it is the case some banks may charge exchange fees if payment is performed in a different currency. Frol Energizer has no responsibility for it.

Please note that due to the prevailing economic conditions and recent global restrictions, we may not be able to offer all payment methods concurrently. Hence, the identification and usage terms for each available payment method are displayed in the final step of the order process, just before the order confirmation. These terms are applicable only for the respective purchase, considering, if necessary, the validity period of the order.

9. Delivery

Once the order has been shipped, the user will receive a confirmation e-mail with the respective invoice, the assigned shipping number and a link to track the order on the carrier’s website.

You may not be able to see any updates when you attempt to track your order online immediately after receiving the shipping confirmation email. The shipping information might take up to 24 hours to be updated on the carrier’s website after the shipping confirmation is received. Please note that Frol Energizer is not responsible for this delay. Orders are delivered from Monday to Friday, excluding local or national holidays. The delivery location is determined by the address provided by the user at the time of order placement.

9.1. Delivery Services

Frol Energizer provides delivery services, adhering to the carrier’s procedures. This includes the necessary data for service execution, the methods, timelines, costs, and transport restrictions related to the specific orders to be delivered, and the process for verifying the identity of the buyer or their representative. Frol Energizer is not privy to any alterations in the carrier’s service conditions and is only accountable for ensuring that the carrier’s delivery process aligns with the terms active at the time of purchase completion. Certain product may necessitate a minimum purchase amount, which will always be disclosed during the final stage of the order process.

The estimated delivery time and any pertinent conditions or observations provided at the conclusion of the order process are merely informational. These timelines are approximations and not meeting them should not be interpreted as a breach of contract or an obligation to provide compensation to the customer due to a delayed delivery.

Delivery times, which start from the actual dispatch date, are estimated and are only deemed accurate barring any physical or structural obstacles such as incorrect addresses or unforeseen events like strikes, loss of connectivity, bad weather, etc. Exceptions to this are exceptional increases in the volume of orders that may occur during holiday seasons or promotional campaigns, or any other circumstances that may disrupt the normal operation of the delivery service.

Users may choose to have the order delivered to an address of their choice. To do so, simply provide a valid address where you will be available between 8am and 7pm on the scheduled delivery day. The courier will attempt a delivery at the specified address. If delivery is unsuccessful, the courier may try to reach out via phone as a courtesy to understand the reason for the missed delivery. However, failure to make or receive return calls from customers should not be seen as a breach of delivery obligations, as couriers are not required to make such calls.

Please note that it is not feasible to select a specific delivery time as it is determined by the courier’s route on the delivery day, which is set by the transport service. Providing an incorrect or incomplete delivery address could lead to the order being sent back to Frol Energizer and may incur additional charges for the user. Therefore, users are advised to ensure that the delivery address provided at the time of order placement is accurate and complete. After an order has been placed, it is not possible to modify the delivery address or billing information.

9.2. Shipping Costs

Shipping costs are automatically calculated by the system and may depend on the following factors:

• Actual or volumetric weight of the package (whichever is greater);

• Value of the order;

• Delivery address;

• Carrier tariffs, which are updated periodically.

In the same way, as customers add items to their shopping cart, the shipping costs will be updated automatically.

The price of shipping will be indicated in the order process and prior to confirmation of the purchase.

9.3. Refund of Shipping Costs

As a rule, and subject to the provisions of the following paragraph, the amount paid by the customer as shipping costs for an order will only be refunded in the following cases:

• If the order is not delivered due to circumstances within the control of Frol Energizer or the carrier, the customer will be fully refunded for any shipping costs they may have incurred. A representative from Frol Energizer Customer Service’s returns and refunds department will reach out to the customer to confirm their eligibility for a postage refund and provide any additional information needed on this topic.

• In the event of a mistake in the dispatched product(s) or if defective product(s) are sent, the customer will be fully reimbursed for any shipping costs they may have incurred, but only if the error or defect is present in all the dispatched products.

If the delivery failure and subsequent return of the order is due to the courier’s fault, the customer is required to submit a written complaint. This complaint will be subject to review by the courier service, regardless of the chosen payment method.

10. Contract

10.1. Right of Free Termination of Contract

According to the applicable regulations, if you are contracting as a consumer, you have the legal right to cancel the contract without providing any reason within 14 days of its conclusion.

This 14-day withdrawal period will end 14 days after the day you (or a third party other than the carrier, chosen by you) physically receive the last product from an order with multiple items delivered separately.

To exercise your right to freely withdraw from the contract, you can email us at info@frolexplorer.com, and inform us about your decision to cancel this contract through a clear statement (like a letter sent by registered post with acknowledgement of receipt or an email). However, you’re free to exercise your right to withdraw using any means, and there’s no obligation to use any specific method.

To meet the withdrawal deadline, all you need to do is send your communication regarding your decision to exercise your right before the period expires.

10.2. Consequences of Contract Withdrawal

If you decide to withdraw from the contract, we’ll refund the amount you paid for the products and any other payments received in relation to the contract (excluding return costs if applicable, and additional costs incurred by not returning the goods via one of our methods) without unnecessary delay and no later than 14 days from the day we were informed about your decision to withdraw from this contract. The refund will be made via bank transfer. You won’t have to pay any fees as a result of such refund. However, we may withhold your refund until we’ve received the returned goods or until you’ve provided proof of returning them.

Please be aware that if you choose a carrier for returning the order after its delivery and not one provided by us, we can’t take responsibility for any risks associated with the return package that aren’t attributable to Frol Energizer.

Similarly, you’ll be responsible for the contents of the return package when choosing one of Frol Energizer suggested return methods. If there’s an error in the contents of the return package that isn’t attributable to us, we reserve the right to charge you for any applicable return costs.

All rights granted by law will be safeguarded.

10.3. Contractual Right to Return Goods

In addition to the legal right of consumers to freely terminate the contract, we offer a 30-day period from the product dispatch confirmation date for you to return the products.

You can exercise your right to return the products as per the terms set for the free termination of the contract. However, you need to notify us of your intention to return the products and ensure we receive them within 30 days from the shipment confirmation.

Conditions of exercising the contractual right to return products:

• You do not have a contractual right to return sealed products that are unsuitable for return due to hygiene reasons and have been opened post-delivery;

• The contractual right to return only applies to products that can be returned in the same condition as you received them. If the product has been used beyond merely opening its packaging or has been damaged, no refund will be given. Therefore, please handle the products carefully while they are in your possession;

• Please return the item in its original packaging;

• You must also include all product instructions, labels, documents and packaging.

If you have any questions, please contact us via e-mail at info@frolexplorer.com.

10.4. Defective Products

In cases where you consider, at the time of delivery, that the product does not conform to the provisions of the contract, you can contact us at info@frolexplorer.com, indicating the details of the product as well as the damage suffered, and we will tell you what to do.

As legally established, you have the option to either cancel the contract and get a refund along with the return of the product, or you can choose to have the product replaced or get an appropriate price reduction.

The refund, product replacement, or price reduction should be processed as quickly as possible, within a 30-day period.

If you return a product due to any damage or defect, you will receive a full refund. This includes the delivery costs associated with shipping the item and any costs you may have incurred in returning it. The refund will be made via bank transfer, so please provide us with your IBAN.

All rights recognised by the law in force will be safeguarded.

10.5. Sole Agreement

These Terms and all documents explicitly mentioned in them represent the complete agreement between you and us concerning the contract’s subject matter.

They replace any prior agreements, promises, or understandings between you and us, whether spoken or written.

Both you and Frol Energizer acknowledge that we have consented to form this agreement without depending on any statement or promise made by the other party. This also includes any written statement in the negotiations undertaken by both parties before this Agreement, except as explicitly outlined in these Terms.

10.6. Applicable Law and Jurisdiction

The use of our website and the purchase contracts carried out through this website are regulated by the laws of Portugal.

This provision does not affect other rights granted to consumers under existing legislation.

11. Additional terms

Should any provision within these Terms and Conditions be found invalid, shall be deemed suppressed, while the remaining provisions will continue to be valid and enforceable.

These Terms and Conditions are subject to and shall be interpreted under Portuguese law.

For any inquiries related to these Terms and Conditions or any questions regarding the use of the website, users can reach out to our customer service. Communication can be done via email at info@frolexplorer.com.

Terms and Conditions last updated in May 2024.