Terms and Conditions of Use and Online Sale

Last updated: July 8, 2025

These General Terms and Conditions of Use and Online Sale regulate the use of the services provided, through its websites, by Open Grow, Lda, with its registered office at Rua Mário Pais da Costa, n.º 12 - 3515-174 Abraveses, Viseu, Portugal, registered at the Commercial Registry Office of Viseu under the unique registration and legal entity number 513 181 547, with a share capital of €50,000.

For simplification and editorial clarity, the aforementioned company, Open Grow, Lda, will be referred to as “OPEN GROW”.

By accessing the website https://www.opengrow.pt, its subdomains and sub-websites (e.g.: *.opengrow.pt), or the Open Grow Shop online store (https://www.opengrow.pt/shop/) (hereinafter, collectively, the “SITES”), the user declares that they have read, understood, and accept, without reservations, these Terms and Conditions. This acceptance also applies to any order placed through the aforementioned SITES.

The use of the SITES and the placement of any order implies the reading, understanding, and full and unreserved acceptance of these Terms and Conditions. This acceptance also extends to the complementary policies available on the SITES and referred to herein, namely our Privacy, Cookies, and Returns Policies, all of which are binding on the user. Failure to accept these conditions makes it impossible to use the services and make online purchases.

1. Introduction

These terms and conditions are applicable to all customers and users of OPEN GROW's SITES, as of their last edited date.

OPEN GROW commits to presenting these Terms and Conditions clearly, providing the user with all necessary information about the online purchase process, from order placement to delivery or eventual return.

OPEN GROW seeks to ensure that the online shopping experience meets the user's expectations. Therefore, we request that this document be read in its entirety.

These Terms and Conditions may be updated periodically. Whenever this occurs, the updated version will be published in the same location, with an indication of the new date. We recommend that the user regularly consult the date of the last update (visible at the top of this document) to stay informed about any changes.

2. Legal Identification and Scope of Regulation

The SITES are the exclusive property of OPEN GROW, a company duly identified in the preamble of these Terms and Conditions.

The use of the SITES and all legal relations established with OPEN GROW are governed by Portuguese law. This is without prejudice to the application of any mandatory rules of the consumer's country of residence, whenever these are obligatory under the terms of the law.

OPEN GROW is duly registered and carries out its activity in accordance with applicable Portuguese legislation.

3. Purpose and Scope of Application

These General Terms and Conditions of Use and Online Sale apply to:

• All users of the SITES.
• Any commercial transaction carried out through the SITES, including the acquisition of physical goods, digital goods, and services. Hereinafter, these will be collectively referred to as "PRODUCTS."

By using the SITES or by making a transaction through them, the user agrees to fully comply with these Terms and Conditions.

The acceptance of orders and transactions is limited to the territories indicated in point 10 of these Terms and Conditions, unless expressly indicated otherwise by OPEN GROW. The user acknowledges that the application of the sales conditions may vary according to geographical location, being subject to applicable local legislation.

These Terms and Conditions remain in force until they are replaced or revoked by OPEN GROW, without prejudice to situations where the law requires the application of previous versions.

4. Conditions of Use of the SITES

The user undertakes to use the SITES in a legal, ethical, and responsible manner, refraining from any activity that violates the law, morality, public order, or that infringes upon the rights or interests of third parties.

In particular, the user undertakes to:

• Use the SITES in accordance with applicable legislation, refraining from practices that may violate third-party rights, including, but not limited to, the violation of intellectual property rights, defamation, unfair competition, or any form of damage to OPEN GROW's image and reputation.
• Ensure they have the necessary equipment, software, and internet connection to access the SITES, being responsible for any access failure resulting from their equipment.
• Not introduce viruses, malicious code, or perform any actions that could compromise the security, stability, or technical integrity of the SITES, including denial-of-service (DDoS) attacks or attempts to intrude into the systems.
• Be aware that the SITES may contain hyperlinks to third-party pages whose content and management are independent of OPEN GROW. The user is exclusively responsible for consulting, accepting, and complying with the respective Terms of Use and Privacy Policies before accessing or using those pages.
• Ensure they are at least 18 years of age, refraining from using the SITES or placing orders if they do not meet this requirement.

The SITES are intended exclusively for personal or professional use within the scope of direct commercial relations with OPEN GROW, unless prior and express authorization to the contrary is given. Any unauthorized commercial use of the SITES or their content is expressly prohibited, including unauthorized resale, automated data extraction, content reproduction, or economic exploitation by third parties.

5. Alteration of These Conditions

OPEN GROW reserves the right to modify, at any time and without prior notice, the presentation, structure, contents, functionalities, and conditions of use of the SITES, as well as the services provided. Such changes do not affect the validity of contracts already concluded and in execution.

Any changes to these Terms and Conditions shall not have retroactive effect on transactions already completed, unless expressly provided by law or when agreed upon between the parties.

The aforementioned changes aim to continuously improve the user's experience, security, usability of the SITES, and quality of services. Should the user disagree with the changes, they may cease using the SITES and services, without prejudice to the fulfillment of obligations assumed to date.

Changes take effect from the date of their publication on the SITES. It is the user's responsibility to regularly consult the current version of these Terms and Conditions to stay updated.

6. Intellectual Property

All content present or accessible through the SITES, including, but not limited to, texts, images, logos, graphics, illustrations, videos, sound files, databases, interfaces, software, firmware, source code, design, and navigation structure, is the property of OPEN GROW or used with the authorization of the respective owners. These contents are protected by copyright, industrial property, and other applicable national and European legislation.

The trademarks Open Grow™ and GroLab™, as well as their logos, systems, physical and digital components, software, firmware, technical documentation, promotional content, and any other associated materials, constitute the exclusive intellectual property of OPEN GROW. Their improper use is legally prohibited.

The SITES may contain content belonging to third parties, such as product images, logos, registered trademarks, technical manuals, catalogs, or other materials made available by manufacturers, distributors, or partners of OPEN GROW. These contents remain the property of their respective owners, being used with due authorization or in the context of authorized resale. OPEN GROW is not responsible for the veracity, timeliness, or accuracy of such content when provided directly by the respective owners, nor for their eventual legal, commercial, or technical effects.

It is strictly prohibited, unless prior written authorization from OPEN GROW or the legitimate rights holders, to reproduce, modify, distribute, publish, reuse, retransmit, copy, or otherwise use the content of the SITES, for commercial or other purposes, regardless of the medium or support used.

The user undertakes to respect all intellectual property rights of OPEN GROW and third parties, refraining from any unauthorized use of the content available on the SITES. This prohibition does not prejudice the rights legally recognized to the user, namely the right of citation, private use, and use for non-commercial purposes, under the legally provided terms.

Any improper use of the identified elements may lead to civil and/or criminal liability, under legal terms.

7. Data Security and Use of the SITES

OPEN GROW is committed to protecting the privacy and security of its SITES users, adopting appropriate technical and organizational measures to ensure the confidentiality and integrity of processed personal data.

Access to and navigation of the SITES can, as a rule, be done without the need to provide personal data. However, certain functionalities and services, such as account creation, order processing, contact with support, or subscription to communications, require the provision and processing of personal data, as defined in our Privacy Policy.

To ensure the security of communication and the protection of data transmitted between the user's browser and our servers, OPEN GROW's SITES use the HTTPS protocol and SSL/TLS encryption mechanisms.

OPEN GROW adopts adequate security mechanisms to protect personal data against loss, destruction, unauthorized access, misuse, or alteration, in accordance with the General Data Protection Regulation (GDPR). However, the user acknowledges that data transmission over the Internet carries inherent risks that may be outside OPEN GROW's direct control, and therefore it cannot guarantee the absolute security of such transmissions. Whenever necessary, OPEN GROW may review or update its security procedures, without prior notice, to ensure the continuous protection of the SITES and processed data.

By providing personal data through the SITES, the user declares that they have read and accepted the terms of this clause and the Privacy Policy. It is also the user's responsibility to:

• Keep their access credentials secure and confidential, adopting appropriate protection measures on their devices and networks.
• Ensure the use of strong passwords and the protection of their devices against unauthorized access.

OPEN GROW is not responsible for improper access resulting from the user's misuse or negligence regarding their access credentials.

Additionally, OPEN GROW recommends that the user keep their device software updated and use appropriate security solutions (e.g., antivirus, firewalls) as additional protection measures.

8. Personal Data Protection and Privacy Policy

OPEN GROW is the entity responsible for processing personal data collected through its SITES, acting in accordance with Regulation (EU) 2016/679 (GDPR), applicable Portuguese legislation, and best practices for security and confidentiality.

8.1 Purposes of data processing

Users' personal data may be processed for the following purposes, among others:

• Customer account management and order processing;
• Issuance of invoices and fulfillment of legal and tax obligations;
• Communication with customers, including customer support;
• Management of returns, warranties, and complaints;
• Sending promotional or commercial communications, with the user's due consent;
• Statistical analysis and optimization of the Browse experience on the SITES, including the use of cookies, when authorized.

Data will be processed only for the purposes indicated above and for the time strictly necessary for their pursuit or for the fulfillment of applicable legal obligations.

8.2 Subcontractors

OPEN GROW may use third-party entities to provide services, namely:

• Carriers for delivery purposes (e.g., CTT, DHL);
• Payment processors (e.g., PayPal, MBWay);
• Logistics services (e.g., Eurosender);
• Analysis and marketing tools (e.g., Google Analytics).

These third parties may have access to personal data solely for the contracted purposes, being obliged to ensure confidentiality and apply adequate security measures, in accordance with Article 28 of the GDPR.

In specific cases, personal data may be transferred outside the European Economic Area (EEA). Whenever this occurs, OPEN GROW will ensure compliance with the provisions of the GDPR, adopting legally required measures to guarantee an adequate level of protection, namely through the signing of Standard Contractual Clauses approved by the European Commission or, when applicable, based on Binding Corporate Rules or adequacy decisions.

8.3 Legal basis and data subject rights

The processing of personal data may be based on the following legal grounds:

• Contract execution;
• Fulfillment of legal obligations;
• Free, specific, informed, and unambiguous consent of the data subject;
• Legitimate interest of OPEN GROW, when applicable.

Under the terms of the GDPR, data subjects have the following rights:

• Right of access: To their personal data.
• Right to rectification: Of inaccurate or incomplete data.
• Right to erasure (right to be forgotten): Of their data.
• Right to restriction of processing: In certain circumstances.
• Right to object: To the processing of their data.
• Right to data portability: To another controller.
• Right to lodge a complaint: With the National Commission for Data Protection (CNPD) through the contacts available at https://www.cnpd.pt/.
• Right to withdraw consent: To withdraw their consent at any time (when processing is based on this legal basis), without compromising the legality of the processing carried out until that date. This withdrawal can be done through the consent management tool available on the SITES or the contacts indicated in Section 20 (Contacts and Support) of these Terms and Conditions.

8.4 Retention Period

OPEN GROW will retain personal data only for the period strictly necessary for the purposes for which it was collected, or for the period legally required. For example:

• Data related to commercial transactions (invoices, proof of payment) will be retained for a minimum period of 10 years, in accordance with applicable tax and accounting laws.
• Data used for direct marketing (e-mail marketing) will be kept as long as your consent is not withdrawn or until you exercise your right to object.
• Account user data will be maintained as long as the account is active. After prolonged inactivity or a request for account closure, data will be deleted or anonymized, unless there are legal retention obligations.
• Other data will be retained for the period necessary for the management of the contractual relationship and fulfillment of obligations arising therefrom.

8.5 Exercise of rights

The user may exercise their rights free of charge, unless otherwise provided by law, or request additional clarifications, using the general contacts available in Section 20 (Contacts and Support) of these Terms and Conditions.

8.6 Protection of Minors' Personal Data

OPEN GROW does not intentionally collect personal data from individuals under 18 years of age.

To ensure this protective measure and in compliance with applicable guidelines, it is mandatory to provide the date of birth during the customer account creation process in the OPEN GROW online store. It will not be possible to create an account if the entered date of birth corresponds to an individual under 18 years of age.

Despite these efforts and preventive measures, the responsibility for safeguarding the privacy and online safety of minors lies with their parents or legal guardians. We strongly recommend that parents/legal guardians supervise minors' access to online content and ensure that any collection or use of minors' personal data on other websites or online services is duly authorized by them.

8.7 Other commitments of OPEN GROW

OPEN GROW does not carry out automated decisions or profiling with legal or significantly similar effects for users. The PRODUTOS (PRODUCTS) recommendations presented are merely indicative, based on previous interactions with the SITES (e.g., Browse history or cart content), without producing significant legal or commercial effects for the user.

OPEN GROW commits to ensuring transparency, security, and confidentiality in the processing of personal data, in accordance with applicable legal principles.

9. Cookie Policy

OPEN GROW uses cookies on its SITES with the aim of improving the Browse experience. Cookies strictly necessary for the technical functioning of the site are automatically activated and do not require consent. Other cookies (e.g., analytics or marketing) are only used with the user's prior and express consent, which can be managed at any time through our cookie management tool.

9.1 What are cookies?

Cookies are small text files that are stored on the user's device (computer, tablet, smartphone) via the browser when visiting a website. These files store information about user preferences and interactions, allowing to optimize site performance and provide a more personalized Browse experience.

The cookies used by OPEN GROW typically have a duration of 30 days and can be manually deleted by the user at any time. However, third-party cookies, whose use is detailed in Section 9.2 (Types of cookies used), may have different validity periods, as defined by their respective providers.

The use of cookies is subject to the user's consent, except in legally exempt cases (strictly necessary cookies).

9.2 Types of cookies used

OPEN GROW uses different categories of cookies for various purposes, as detailed below.

Essential Cookies: These are indispensable for the basic technical functioning of the SITES, allowing navigation, session management, language and currency selection, and the completion of transactions (including cookies associated with payment methods, such as PayPal or CoinGate). These cookies cannot be deactivated through the consent tool, as they are crucial for the provision of the requested services.

Performance and Analytics Cookies: Collect anonymized statistical data on how the SITES are used, such as the most visited pages or the average Browse time. These cookies help OPEN GROW understand and improve the performance of the SITES. Example: Google Analytics (blocked until user consent).

Functionality Cookies: Allow remembering user preferences, such as the chosen language, location, or username, to provide a more personalized experience. These cookies can be set by OPEN GROW or by third parties.

Marketing and Advertising Cookies: Used to display personalized ads based on the user's preferences and Browse history, both on OPEN GROW's SITES and on third-party websites. Example: Facebook Pixel (blocked until user consent).

9.3 Cookie management tool

OPEN GROW provides a cookie consent management tool in accordance with the GDPR and the ePrivacy Directive, which allows the user to:

• Allow or refuse the use of non-essential cookies, including analytics and marketing;
• Manage their consent preferences at any time;
• Consult detailed information about each cookie and its purpose.

Upon first access to the SITES, a consent notice is displayed. The user can, at any time, change or withdraw their consent by clicking on "Cookie Settings," an option generally available in the footer of the SITES.

Additionally, the user can configure their browser to block or delete cookies. Deactivating cookies may affect the functioning of some SITES functionalities.

9.4 Current state of implementation

As of the last update (June 2025), the following third-party cookies are blocked by default and are only activated after explicit consent:

• Google Analytics;
• Facebook Pixel;
• PureChat (customer support chat).

Essential cookies (session, language, currency, payments) do not require consent, as they are indispensable for the technical and legal functioning of the online store.

OPEN GROW is implementing continuous improvements in cookie management, in accordance with the GDPR and CNPD guidelines, including tests for eventual integration with Google Consent Mode V2 and greater granularity in the control of optional cookies.

9.5 How to manage cookies

The user can manage their cookie preferences in two main ways:

• Through the integrated management tool on the SITES;
• Through the settings of the browser used.

Note: Deactivating essential cookies may compromise fundamental functionalities of the SITES.

To learn more about how to manage cookies in your browser, refer to the links below for instructions:

• Manage cookies in Google Chrome;
• Manage cookies in Firefox;
• Manage cookies in Safari;
• Manage cookies in Microsoft Edge;
• Manage cookies in Opera;
• Manage cookies in Brave.

The user should be aware that restricting cookies may significantly affect the functionality of the SITES and their Browse experience.

9.6 Changes to this policy

OPEN GROW reserves the right to update this Cookie Policy at any time, namely due to legal, regulatory, or technical changes. It is recommended to consult this section periodically.

For more detailed information, please consult our full Cookie Policy, where you can find the updated list of cookies used, their purpose, and their respective controllers.

10. Eligible Countries for Commercial Transactions

Commercial transactions carried out through OPEN GROW's SITES, as well as order deliveries, are valid and applicable exclusively to the countries listed in this section, provided that legal and regulatory restrictions regarding certain PRODUCTS are respected.

The list of currently covered countries includes:

South Africa, Albania, Germany, Andorra, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bermuda, Belarus, Bolivia, Bonaire, Bosnia-Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burundi, Bhutan, Cameroon, Cambodia, Canada, Ceuta, Chad, Chile, China, Cyprus, Colombia, Comoros, Congo (Brazzaville), Congo, Democratic Republic, Ivory Coast, Costa Rica, Croatia, Curaçao, Denmark, Djibouti, Dominica, Egypt, El Salvador, United Arab Emirates, Ecuador, Eritrea, Scotland, Slovenia, Spain (except Canary Islands, Ceuta, and Melilla), United States of America, Estonia, Ethiopia, Fiji, Philippines, Finland, France, Gabon, Gambia, Ghana, Georgia, Gibraltar, Grenada, Greece, Greenland, Guadeloupe, Guam, Guatemala, Guyana, French Guiana, Guinea, Equatorial Guinea, Guinea-Bissau, Haiti, Netherlands (Holland), Honduras, Hong Kong, Hungary, Cape Verde, Cayman Islands, Cook Islands, Channel Islands (Guernsey, Jersey), Faroe Islands, Northern Mariana Islands, Marshall Islands, Solomon Islands, Turks and Caicos Islands, US Virgin Islands, British Virgin Islands, Wallis and Futuna Islands, India, Indonesia, England, Northern Ireland, Republic of Ireland, Iceland, Israel, Italy, Jamaica, Japan, Jordan, Kiribati, Kosovo, Kuwait, Laos, Lesotho, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macau, North Macedonia, Madagascar, Malaysia, Malawi, Maldives, Mali, Malta, Morocco, Martinique, Mauritius, Mauritania, Mayotte, Mexico, Micronesia, Mozambique, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Namibia, Nepal, Nicaragua, Niger, Nigeria, Norway, New Caledonia, New Zealand, Oman, Wales, Palau, Panama, Papua New Guinea, Pakistan, Paraguay, Peru, French Polynesia, Poland, Puerto Rico, Portugal, Qatar, Kenya, Kyrgyzstan, United Kingdom, Central African Republic, Czech Republic, Dominican Republic, Slovak Republic, Reunion, Romania, Rwanda, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Serbia, Seychelles, Singapore, Sri Lanka, Sweden, Switzerland, Suriname, Tajikistan, Thailand, Taiwan, Tanzania, East Timor, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Tuvalu, Ukraine, Uganda, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Zambia, Zimbabwe.

Note: OPEN GROW reserves the right not to make deliveries to countries or territories with sanctions, legal restrictions, or logistical limitations. The customer is solely responsible for verifying that the PRODUCTS purchased are legal and importable in the destination country.

10.1 Countries with specific legal restrictions

In certain countries, the shipment of specific PRODUCTS may be subject to prohibitions or specific regulations, sometimes requiring prior authorization or being entirely forbidden. Among the most common examples are:

• Fertilizers, pesticides, or chemical products: May be subject to prior authorization, licensing, or total import prohibition.
• Technological equipment: Such as sensors, automation systems, drones, or monitoring devices, which may require local certification, import licenses, or be subject to export/import control.
• Products related to the cultivation of regulated substances: Including cannabis varieties, even if for technical, industrial, or horticultural purposes, may be restricted or prohibited in some jurisdictions.

OPEN GROW strongly recommends that the customer previously verify the legislation and customs regulations of their country before concluding the order.

10.2 PRODUCTS subject to shipping restrictions

Some PRODUCTS marketed by OPEN GROW are subject to shipping limitations, namely:

• Liquids and flammable substances: Air shipment of PRODUCTS such as liquid fertilizers, solvents, or other hazardous substances is not allowed, due to transportation safety regulations.
• Electronic or technological equipment: For which some countries may require local certifications or specific import licenses.
• Items related to technical cultivation: Although they may be legal in Portugal, certain accessories may be prohibited or interpreted differently in other countries, leading to customs restrictions.

10.3 International sanctions and restrictions

OPEN GROW fully complies with all economic and commercial sanctions imposed by competent entities, including the European Union, the United Nations, and other relevant international authorities. In this regard, OPEN GROW does not ship to countries or territories currently subject to active international sanctions, namely:

Afghanistan, Kazakhstan, North Korea, Iran, Syria, Venezuela, Russia (including occupied territories).

This list may be updated at any time, without prior notice, in accordance with changes to applicable international legislation.

OPEN GROW is not responsible for delivery failures, customs blocks, or other legal restrictions resulting from commercial sanctions or embargoes in force in the destination country.

10.4 Customer responsibility and additional verification

It is the sole responsibility of the customer to ensure that:

• The purchased PRODUCT is legal in the destination country and can be imported.
• There are no customs, tax, or import restrictions applicable to the specific PRODUCT.
• All legal and logistical conditions for delivery to the indicated address are met.

OPEN GROW is not responsible for customs clearance processes, customs duties, import taxes, or customs retentions, these charges being the sole responsibility of the customer.

In case of doubts about the legality of PRODUCTS or shipping restrictions to your country, the customer should contact OPEN GROW through the means indicated in Section 20 (Contacts and Support) of these Terms and Conditions.

11. PRODUCTS and Prices

11.1 Product Description

OPEN GROW offers a wide range of PRODUCTS, including modular systems, technological equipment for cultivation, automation, monitoring, sensing, and accessories for indoor and outdoor cultivation. All PRODUCTS are described in detail on our SITES, including their technical specifications, features, and conditions of use, whenever applicable.

11.2 Prices, Currency, and VAT

The prices of PRODUCTS presented on OPEN GROW's SITES are indicated in Euros (€) and, for orders destined for the European Economic Area (EEA), include Value Added Tax (VAT) at the current legal rate. For markets outside the EEA or in specific cases, prices may be presented in another currency (e.g., US Dollars - USD) and/or not include local VAT, with these conditions being duly indicated. OPEN GROW reserves the right to modify sales prices at any time, but such changes will not affect already confirmed orders. The final price of the PRODUCT will always be the one indicated at the time of checkout, except in cases of obvious pricing error, as detailed in Section 11.4.

11.3 Price Difference in Physical Stores

Please note that the prices of PRODUCTS available in the online store may differ from the prices practiced in any physical OPEN GROW stores. These differences may occur due to local commercial policies, service fees, stock availability, delivery costs, and specific return policies for each point of sale. We recommend consulting the specific information for each physical point of sale to avoid discrepancies.

11.4 Pricing Changes and Errors

OPEN GROW reserves the right, at any time, to replace or modify the PRODUCTS available, their respective prices, and the conditions presented on the SITES, always safeguarding orders already placed and confirmed.

Despite OPEN GROW's efforts to ensure the accuracy of PRODUCT prices and descriptions, some errors may occur. When a pricing error is identified (whether typographical or system-related) before the order is dispatched, OPEN GROW reserves the right to correct the price. If the correct price of the PRODUCT is higher than the one indicated at the time of purchase, the customer will be informed immediately and will have the option to accept the corrected price or cancel the order, with a full refund of the amount already paid, if applicable. The customer will be contacted by email or phone, according to the data provided in the order registration.

11.5 Promotions and Limitations

Promotional PRODUCTS may be subject to limitations on the maximum number of units per customer or a specific validity period. When applicable, this limitation will be clearly indicated on the PRODUCT page. OPEN GROW reserves the right to modify promotion conditions at any time, without prior notice, with promotions being valid as long as PRODUCTS are available in stock or within the stipulated campaign period.

11.6 Additional Fees

In addition to the price of the PRODUCTS, additional costs related to delivery may apply, such as shipping costs (depending on the delivery location, weight, and dimensions of the order) and applicable customs fees, if delivery is made outside Portugal and the European Economic Area. The customer will be informed of all applicable additional fees and costs before finalizing the purchase, in the shopping cart, or during checkout.

11.7 Product Availability

OPEN GROW makes every effort to ensure that the PRODUCTS listed on the SITES are available for purchase. However, stock availability may vary and is not absolutely guaranteed. If an ordered PRODUCT is not available or the stock is insufficient for the requested quantity, the customer will be informed immediately and will have the option to cancel the order, choose an alternative PRODUCT, or wait for stock replenishment, if applicable. If payment has already been made, the refund will be processed according to the returns policy.

11.8 Outlet or End-of-Catalog PRODUCTS

OPEN GROW's online store may offer PRODUCTS classified as "Outlet" or "End-of-Catalogue", which will always be clearly identified as such on their individual product page. This category may include:

End-of-Life/Discontinued Items: These PRODUCTS correspond to items that will be discontinued and are only available until existing stock runs out. Once exhausted, there will be no replenishment. The prices presented for these items are permanent adjustments intended to clear stock and remain valid until the PRODUCT is no longer available for purchase, being subsequently removed from our catalogue.

Temporary Promotions: Occasionally, this category may also host PRODUCTS with promotional discounts for a limited period. Whenever a PRODUCT is under a temporary promotion, the duration of the promotion will be clearly indicated on its individual product page. After the promotional period ends, the item's price will return to its usual value or be removed from the category, as applicable.

Unless otherwise specified in the PRODUCT's specific description, "Outlet" items are new and fully functional. They are subject to the same legal guarantees applicable to other PRODUCTS, notwithstanding their discontinued condition, where applicable, and the absence of future replenishment.

12. Payment

OPEN GROW offers various payment options to facilitate the purchase process on the SITES. Upon finalizing the order, the customer can choose the payment method that best suits them.

12.1 Available Payment Methods

The available payment methods are listed below.

Credit/Debit Card: We accept payments with major credit and debit cards (e.g., Visa, Mastercard). Payment processing is instant and secure.

PayPal: The customer can choose to pay through the PayPal platform, benefiting from greater convenience and security. The customer will be redirected to PayPal's secure page to complete the payment.

CoinGate: For cryptocurrency payments (such as Bitcoin), the customer will be redirected to the CoinGate page, where they can make the payment according to the exchange rate prevailing at the time of the transaction. More information is available on CoinGate's official website: https://coingate.com/.

EuroPix: EuroPix payments allow for a fast and direct transaction, with the customer being directed to the payment platform to securely complete the operation.

Bizum: For customers who use this mobile payment platform, payment can be made via Bizum, by entering the mobile number associated with the account.

MBWay: Customers residing in Portugal can pay using the MBWay platform, which only requires the mobile number associated with the account for transaction authorization.

Multibanco Reference and PayShop: For payments made in Portugal, the customer can choose to pay using a Multibanco Reference (at Multibanco ATMs or home banking) or the PayShop platform (at PayShop agents).

Bank Transfer: The customer has 5 business days after placing the order to make the payment via bank transfer. The transfer details will be sent to the customer by email and are also available in their customer account, in the "orders" section. If payment is not made within the established period, the order will be automatically canceled. The bank details for the transfer are:

Beneficiary: OPEN GROW, LDA
IBAN - PT50 0010 0000 5152 4080 0016 2
NIB - 0010 0000 51524080001 62
BIC/SWIFT – BBPIPTPL

Important Note: Be sure to include the order number as a reference when making the bank transfer to ensure the payment is correctly identified. If possible, send the proof to info@opengrow.pt.

Payments can be made in various currencies, depending on the customer's location and the payment method. The current exchange rate will be applied automatically at the time of the transaction, according to the payment service provider's policies.

12.2 Payment Confirmation

Upon successful payment confirmation, the order will be processed according to the shipping conditions and stock availability. The time for payment confirmation may vary depending on the chosen method, with bank transfer payments potentially requiring an additional period that varies according to the origin and banks involved, which can take up to 5 business days or more in international transactions.

12.3 Payment Security

OPEN GROW ensures that all payments made on our SITES are protected by state-of-the-art security systems. We use advanced encryption and security protocols such as SSL (Secure Socket Layer) to ensure that all customer financial and personal data are kept secure and confidential throughout the transaction and payment process.

12.4 Payment Issues

If the customer experiences difficulties during the payment process, such as transaction failures, payments not processed correctly, or any other issues, they should contact our customer support through the means indicated in Section 20 (Contacts and Support) of these Terms and Conditions. Our team will be available to help resolve any payment-related problems.

12.5 Taxes and Fees

The prices of PRODUCTS presented in OPEN GROW's online store for deliveries within the European Economic Area (EEA) already include Value Added Tax (VAT) at the legal rate in force in Portugal, unless expressly stated otherwise. For international deliveries outside the EEA, the customer may be responsible for customs duties, import taxes, or additional fees, depending on the specific legislation of the destination country. OPEN GROW is not responsible for any import costs or customs clearance fees, as these are the sole responsibility of the customer.

12.6 Vouchers and Promotional Codes

OPEN GROW also offers the possibility to use discount vouchers or promotional codes obtained through the SITES or specific campaigns. These vouchers and codes are valid exclusively for purchases in OPEN GROW's online store and under the specific conditions applicable to them. Promotional codes, when applicable, must be entered at the time of checkout and are valid only while the PRODUCT stock is available or within the campaign's validity period. OPEN GROW reserves the right to modify, discontinue, or revoke promotions without prior notice.

13. Order Requests, Delivery, and Supply of PRODUCTS

OPEN GROW commits to processing orders efficiently and ensuring that PRODUCTS are supplied as agreed, respecting established deadlines and conditions. Below, we describe the details of the ordering, delivery, and supply process.

13.1 How to Place an Order

The user can place their order online, 24 hours a day, 7 days a week, through our Open Grow Shop online store (https://www.opengrow.pt/shop/). While Browse, PRODUCTS can be added to the shopping cart, and when the selection is complete, the user can click "PROCEED TO CHECKOUT" to proceed to checkout.

To make a purchase, account creation is required. For this purpose, the user must provide the requested personal data, including the date of birth, to ensure they are over 18 years old. Orders from or by minors under 18 are not permitted. OPEN GROW may validate the age provided before processing the order.

After account creation, the user can choose the PRODUCTS (physical, digital, or services), add billing details, and, when applicable, delivery details and the shipping method. Digital PRODUCTS and services are provided by electronic means or rendered directly, as specified at the time of purchase.

After confirming all data, the order will be processed. The sales contract will be formalized only after OPEN GROW confirms acceptance of the order.

The user undertakes to:

• Provide true, updated, and complete personal data, including delivery and billing addresses;
• Not use false identities or third-party data without authorization;
• Respect order limits defined by OPEN GROW, if applicable.

If any of the data provided is incorrect, incomplete, or outdated, and this leads to delays, delivery difficulties, or inability to process the order, responsibility will lie exclusively with the user. OPEN GROW cannot be held responsible for any consequences arising from such errors.

In case of violation of these obligations, OPEN GROW reserves the right to:

• Refuse or cancel future orders;
• Block user access to the Open Grow Shop;
• Cancel the supply of any ongoing services or digital PRODUCTS;
• Prevent future access to any functionalities or services provided by OPEN GROW.

13.2 Pickup at OPEN GROW Facilities

Customers who wish to pick up their order directly at OPEN GROW's physical facilities can choose the "Store Pickup" option during checkout. The order can be collected at the following address:

Open Grow, Lda
Parque Industrial de Coimbrões,
Edifício Expobeiras,
3500-618, Viseu, Portugal
Pickup hours are Monday to Friday, from 10:00 AM to 7:00 PM (except holidays).

The order must be picked up within 5 business days after notification of availability for collection. If not collected within this period, the order will be canceled, and a management or re-shipping fee may be applied in case of a new request, as applicable.

13.3 Shipping Options and Carriers

Important Note: Only physical PRODUCTS (such as modular systems, equipment, and accessories) are subject to physical shipping. Digital PRODUCTS (e.g., software, technical files, or electronic content) are provided electronically, such as download links or email, as indicated at the time of purchase. Services may be provided remotely or in person, under the agreed terms.

OPEN GROW offers several shipping options through partner carriers, including:

• CTT: National and international postal service, with shipping options to Portugal, other European Economic Area (EEA) countries, as well as various international destinations.
• Dachser: International logistics solutions, with options for shipments in European and global territory. This service is typically used for shipping bulky or palletized loads via land transport (truck).
• EuroSender: A shipping platform that enables deliveries through various carriers (e.g., DPD, GLS, DHL, among others), allowing flexibility in the international delivery process.

The choice of carrier will be made by the customer at the time of purchase, and the estimated delivery time will be presented during checkout. In any case, OPEN GROW will make every effort to ensure that the order is delivered within the stipulated times, but this period may vary depending on the destination and chosen carrier, and is therefore not binding.

Note: Orders with delivery addresses in PO boxes will only be accepted if the services of the selected carrier allow it and provided they are within the covered territories. OPEN GROW reserves the right to refuse shipments to PO boxes that do not guarantee reliable tracking or delivery confirmation.

13.4 Processing and Shipping Time

After payment confirmation, OPEN GROW will process the order within 24 to 48 business hours, except in cases of force majeure, stock rupture, or necessary additional validations. The effective delivery time varies depending on the carrier and destination, and can be consulted during checkout.

Important: For digital PRODUCTS, the delivery time will be immediate after payment confirmation, unless otherwise indicated in the PRODUCT description.

13.5 Shipping Costs

Shipping costs are calculated based on the destination, weight, and dimensions of the PRODUCT or the total order, and are presented to the customer at the time of checkout. Please note that, at present, there are no free shipping options available, except in specific promotional campaigns duly announced. Digital PRODUCTS will not have associated shipping costs.

Shipping costs include VAT whenever applicable, particularly for orders within the European Economic Area (EEA).

13.6 International Shipping

OPEN GROW ships to the eligible countries listed in Section 10 (Eligible Countries for Commercial Transactions and Shipping Restrictions), with exceptions for countries with legal restrictions or international sanctions. The customer is solely responsible for verifying that the PRODUCTS purchased are legal and importable in the destination country. OPEN GROW is not responsible for import taxes, local taxes, or problems related to customs clearance, these being the exclusive responsibility of the customer.

OPEN GROW reserves the right to refuse shipments to countries subject to international sanctions or where local legislation prohibits the import of certain PRODUCTS, as detailed in Section 10.3 (International Sanctions and Restrictions).

Certain PRODUCTS, such as liquids or flammable substances, may not be shippable by air due to international safety regulations. In case of international shipping, the customer should previously check the transportation restrictions applicable to their destination.

13.7 Risks and Responsibilities in Delivery

The risk of loss or damage to physical PRODUCTS is transferred to the customer at the time of effective delivery of the order by the carrier. The customer must carefully check the order upon receipt and immediately notify OPEN GROW if the physical PRODUCTS are damaged or non-conforming.

In the case of digital PRODUCTS or services, responsibility is transferred to the customer from the moment the means of access (e.g., download links, passwords, or activation keys) are made available to the customer, even if the customer chooses not to access or download immediately.

13.8 Changes to Shipping Address

The customer can request a change to the shipping address before the order is processed and dispatched. If the order has already been processed for shipping (i.e., a shipping label has been generated and it is in the dispatch phase), the address change will not be possible. If the customer wishes to change the shipping address after placing the order, OPEN GROW will make every effort to fulfill the request, provided that the shipment has not yet been processed and without guaranteeing its effectiveness. If the order is already in the shipping process, it will not be possible to change the address, and any re-shipping costs will be the customer's responsibility.

13.9 Order Receipt Conditions

The customer is responsible for ensuring adequate conditions for receiving the order at the indicated location. To avoid delays or delivery failures, the following aspects should be considered:

• Accessibility for Delivery: In cases of bulky or palletized deliveries, common with carriers using medium or large trucks, the customer must ensure that the delivery location allows safe access and maneuvering of the vehicle. If this is not possible, an alternative point with suitable conditions for unloading the goods should be indicated.
• Addresses in Difficult-to-Access Areas: In rural areas, estates, remote properties, or poorly signposted areas, it is the customer's responsibility to ensure that the address is correctly identified and contains all necessary indications to facilitate delivery. In case of increased difficulties, carriers may apply additional costs, refuse delivery, or the order may be returned to OPEN GROW.
• Delivery Notices: Most carriers do not guarantee prior contact by phone call. Delivery notice depends entirely on the availability of the courier and is not a mandatory contractual service. The customer must ensure that someone will be available at the location to receive the order during normal delivery hours (business days, between 9:00 AM and 6:00 PM, except for exceptions indicated by the carrier).

If no one is at the indicated address at the time of delivery, the order may be left at a collection point or carrier station for a maximum period of 3 business days. After this period, the order will be returned to OPEN GROW. Rescheduling delivery, if possible, will be done upon new payment of shipping costs by the customer.

13.10 Order Receipt and Verification Procedures

Upon receiving the order, the customer must carefully check the external condition of the packaging before signing the delivery note.

Identification of Visible Damage and Refusal: If visible damage (violated packaging, signs of impact, humidity, or other apparent damage) is detected on the packaging or the PRODUCT itself at the time of delivery, the customer has the right to refuse the order. If they decide to refuse delivery, the customer must:

• Immediately notify OPEN GROW, sending photos and a detailed description of the incident to support@opengrow.pt;
• Register the refusal on the transport guide, clearly and visibly.
• In this case, OPEN GROW will take the necessary steps to replace the damaged PRODUCT, subject to verification of the damage and compliance with the return and exchange conditions.

Acceptance with Reservations: If the customer decides to accept the order despite visible damage, they must ask the courier to register these visible damages on the transport guide before signing. In addition, the following observation should be added to the delivery note: "Accepted with reservations, subject to checking," to ensure that any damage or problems can be verified later.

Internal Verification and Unpacking: Regardless of the size or carrier, the customer has the right to request the unpacking of the order at the time of delivery to verify the integrity of the PRODUCTS. However, the carrier is not obliged to perform the unpacking immediately. If unpacking is not possible or the customer cannot check the PRODUCTS at the time, the customer must document the reservations on the transport guide and proceed with checking the PRODUCTS later, within a maximum of 24 (twenty-four) hours after delivery.

Transfer of Responsibility: If the customer chooses not to refuse the order or not to register reservations/damages on the transport guide at the time of delivery, responsibility for verifying the condition of the PRODUCT and for any non-visible or unreported damages at the time of delivery will be transferred to the customer. OPEN GROW cannot be held responsible for damages that were not visible or that were not formally reported at the time of delivery.

13.11 Responsibility after Delivery

After receiving and signing the proof of delivery (physical or digital), responsibility for the PRODUCTS is fully transferred to the customer. OPEN GROW is not responsible for damage, loss, or other occurrences after delivery, provided that the PRODUCTS have been delivered according to the agreed conditions and there is no formal record of anomaly at the time of delivery.

If the customer has signed the delivery note without reservations, it is understood that the PRODUCTS were received in good condition, and any subsequent complaint related to the integrity of the order may be refused by OPEN GROW, unless proven otherwise by the customer and in accordance with applicable law.

If, subsequently, the customer verifies any problem with the order, they must immediately inform OPEN GROW, in accordance with the procedures described in the preceding sections (namely Section 13.10). However, OPEN GROW's responsibility for problems arising after delivery is limited to what is provided by applicable law, particularly with regard to manufacturing defects or non-conformity of the PRODUCT (legal warranty).

14. Exchange and Returns Policy

OPEN GROW is committed to ensuring the satisfaction of its customers, fully respecting the rights provided by current legislation. If you need to exchange or return a PRODUCT purchased on our SITES, you must follow the procedures and conditions detailed in this policy, which complements and does not restrict your legal rights as a consumer.

14.1 General Conditions Applicable to Returns and Exchanges

For a PRODUCT to be accepted for return or exchange, it must meet the following cumulative conditions, without prejudice to the provisions of Section 15 (Right of Free Resolution) regarding the Right of Free Resolution:

• Product Integrity: The PRODUCT must be intact, complete, and in resalable condition. It must not show signs of misuse, damage, dirt, or any alteration that prevents its commercialization as new.
• Original Packaging: The PRODUCT must be returned in its complete original packaging, which must also be intact, undamaged, and without transport labels directly affixed. It must be accompanied by all original protective and filling materials.
• Accessories and Manuals: It must be accompanied by all accessories, instruction manuals, and any other components, gifts, or offers that accompanied it at the time of purchase.
• Proof of Purchase: Presentation of the invoice or other valid proof of purchase issued by OPEN GROW is mandatory.

This exchange and returns policy is offered by OPEN GROW in accordance with Portuguese and European consumer protection legislation, and at no time prejudices your legally granted rights, namely under the Right of Free Resolution regime and legal warranties.

14.2 Types of Returns and Deadlines

Returns or exchanges can be made for the following reasons and applicable deadlines:

• Exercise of the Right of Free Resolution (Withdrawal): The customer, as a consumer, can exercise their right of free resolution of the purchase and sale contract, without needing to state any reason and without penalty, within 14 calendar days from the date of receipt of the good or the last good (in the case of several goods ordered in a single order and delivered separately). For the specific detailed conditions and procedures of this right, please consult Section 15 (Right of Free Resolution) of these Terms and Conditions.
• Defective or Non-Conforming PRODUCT (Legal Warranty): If the purchased PRODUCT has a manufacturing defect, a malfunction that prevents it from working correctly, or is not in conformity with what was described and agreed upon at the time of purchase (non-conformity), the customer must report the situation under the terms and within the deadlines provided in Section 16 (Warranty and Product Conformity).
• Shipping Error by OPEN GROW: In case the customer has received a PRODUCT different from the one ordered, in incorrect quantity, or with wrong specifications due to an error by OPEN GROW, the customer must notify OPEN GROW within a maximum of 48 hours after receipt, following the process described in Section 14.3.

14.3 Process to Initiate a Return or Exchange

To initiate any return or exchange process, the customer must follow these steps:

• Prior Contact and Notification: The customer must contact OPEN GROW's Customer Support, preferably by email to support@opengrow.pt or through the contacts indicated in Section 20 (Contacts and Support), to notify their intention to return or exchange. This notification must be made within the deadlines applicable to the reason for the return (as per Section 14.2).
• Required Information: In the initial contact, the customer must provide the order number, the full name of the PRODUCT to be returned/exchanged, the detailed reason for the return/exchange, and, in case of defect, non-conformity, or shipping error, a precise description of the problem, accompanied by relevant photographs or videos for evaluating the situation.
• Return Instructions: After analyzing the request and verifying eligibility, OPEN GROW will provide detailed instructions for shipping the PRODUCT. Obtaining a Return Merchandise Authorization (RMA) number may be requested, which, if applicable, must be clearly visible on the return packaging.
• Secure Packaging and Shipping: The PRODUCT must be properly packaged for transport to ensure its integrity and prevent damage during the shipping process. It is highly recommended to use a shipping service with tracking and, if applicable, with insurance for greater security and to obtain proof of delivery. The PRODUCT must be sent to the address provided by OPEN GROW in the return instructions.

14.4 Return Shipping Costs

General Rule (Customer Responsibility): The direct shipping costs associated with returning the PRODUCT are the customer's responsibility, except in cases of exception expressly provided by law or as explicitly indicated by OPEN GROW.

14.4.1 Exceptions to Customer Responsibility (Costs Borne by OPEN GROW)

OPEN GROW will bear the return costs in the following cases:

• The PRODUCT has a manufacturing defect or proven non-conformity, under the terms of Section 16 (Warranty and Product Conformity).
• There was a shipping error by OPEN GROW (e.g., wrong PRODUCT, incorrect quantity, PRODUCT with different specifications from the one ordered).
• In the exercise of the Right of Free Resolution, OPEN GROW will bear the return shipping costs if the return is made by a method pre-approved and pre-paid by OPEN GROW (see Section 15 - Right of Free Resolution).

In case of an exchange merely at the customer's option (without defect, non-conformity, or error on the part of OPEN GROW), the shipping costs of the new PRODUCT (for the exchange) and the costs of returning the original PRODUCT will be the customer's responsibility.

14.5 Specific Conditions by Product Type

The application of return and exchange policies may vary slightly depending on the nature of the PRODUCT:

• Physical PRODUCTS: Only returns of physical PRODUCTS that are intact, complete, and sealed (when applicable), without signs of use or improper handling, and accompanied by all accessories, manuals, and original packaging will be accepted. PRODUCTS which, by their nature or for reasons of hygiene and safety, cannot be returned after opening or use (e.g., violated safety seals, opened and/or used personal hygiene products, custom-made and personalized products, perishable products, or sealed audio/video recordings and computer programs if unsealed) may be excluded from the possibility of return or be subject to restrictive conditions, in accordance with applicable law (Article 17 of Decree-Law No. 24/2014, of February 14).
• Digital PRODUCTS and Services: Digital PRODUCTS (such as software, technical files, or electronic content provided on non-material support) and services are not eligible for returns or exchanges after the start of their execution or download, except in cases of proven technical defect in the digital file that prevents its functioning or shipping error (e.g., sending wrong license) by OPEN GROW. If a digital PRODUCT is incorrectly sent or has a technical defect, OPEN GROW will offer a replacement file/license or a full refund, as applicable. The customer must notify OPEN GROW of any error or defect in digital PRODUCTS within a maximum of 7 days after their receipt/availability. It is also important to note that, under Article 17, No. 1, letter l) of Decree-Law No. 24/2014, the right of free resolution does not apply to digital content supplied on non-material support if the execution (download or use) has begun with the consumer's prior and express consent and their acknowledgment that they lose their right of free resolution by starting the execution.

14.6 Refund Processing

Upon receipt of the returned PRODUCT at OPEN GROW's facilities and its verification and approval in accordance with the conditions established in this policy, the refund will be processed within a maximum of 14 calendar days from the date OPEN GROW is informed of the decision to terminate the contract (in case of free resolution) or the effective receipt of the returned good.

The refund will be made using the same payment method that was used in the initial transaction, unless expressly agreed otherwise with the customer and provided that the customer does not incur any costs as a consequence of the refund.

In cases of exercising the Right of Free Resolution, the refund will include the price of the PRODUCT and the original shipping costs (unless the customer chose an express or more expensive delivery method than the least expensive normally offered by OPEN GROW). In other cases of return for reasons unrelated to OPEN GROW (and which are not our error or defect), the original shipping costs will not be refunded.

14.7 Exchange Processing

If the customer requests a PRODUCT exchange for another, this will be subject to the stock availability of the new PRODUCT.

After receiving and verifying the original returned PRODUCT, OPEN GROW will proceed with shipping the new PRODUCT.

If there is a price difference between the PRODUCTS, the customer must pay the difference (if the new PRODUCT is more expensive) or will receive a partial refund (if the new PRODUCT is cheaper).

In case of no stock available for the exchange, or if the exchange is not possible for another valid reason, the customer will be offered the option of a refund of the amount paid or the choice of another PRODUCT of equal value.

14.8 Complaints for Defect or Non-Conformity (Legal Warranty)

If the purchased PRODUCT has a manufacturing defect, a malfunction, or non-conformity with the contract, the customer is entitled to the remedies provided by applicable Portuguese and European legislation.

The warranty policy, applicable deadlines, and procedures for filing a complaint follow what is stipulated in detail in Section 16 (Warranty and Product Conformity) of these Terms and Conditions, which the customer should consult for exhaustive information on their rights and the warranty claim process.

15. Right of Free Resolution and Returns

In accordance with current legislation, the customer has the legal right to terminate the purchase and sale contract, without needing to state any reason, within 14 consecutive days from the date of receipt of the PRODUCT(S). For the purposes of this section, "PRODUCTS" refers to all physical goods, digital goods, and services, as defined in Section 3 of these Terms and Conditions. However, it is important to note that there are specific exceptions to this right, especially for certain types of digital goods and services, as detailed in Subsection 15.4.

This right applies exclusively to distance contracts concluded through OPEN GROW's SITES.

15.1 Exercising the Right of Free Resolution

To exercise the right of free resolution, the customer must communicate their decision to OPEN GROW clearly and unequivocally, within the legal period, by one of the following means:

• Email: support@opengrow.pt
• Registered letter to:

  Open Grow, Lda
  Parque Industrial de Coimbrões
  Edifício Expobeiras
  3500-618 Viseu, Portugal

The customer may use the model resolution form provided in Annex B of Decree-Law No. 24/2014, although this is not mandatory.

15.2 Consequences of Resolution

In case of valid contract resolution, the customer will be reimbursed the total amount paid, including delivery costs (with the exception of additional costs resulting from choosing a shipping method different from the most economical option offered by OPEN GROW), within a maximum period of 14 days from the date we are informed of the resolution decision.

The refund will be made using the same payment method used by the customer, unless expressly agreed otherwise. In any case, the customer will not incur any charges as a consequence of the refund.

OPEN GROW may withhold the refund until the returned goods are received or until the customer provides proof of their return, whichever occurs first.

15.3 Return of PRODUCTS

The customer must return the PRODUCTS within 14 days from the date they communicated their decision to terminate the contract, to the following address:

Open Grow, Lda Post-sales Department
Parque Industrial de Coimbrões
Edifício Expobeiras
3500-618 Viseu, Portugal

The return of PRODUCTS will be at the customer's expense, unless OPEN GROW has agreed to bear these costs or if the PRODUCTS, by their nature, cannot normally be returned by mail.

The customer is responsible for any depreciation in the value of the goods resulting from handling that exceeds what is necessary to verify the nature, characteristics, and functioning of the PRODUCTS.

15.4 Exceptions to the Right of Free Resolution

In accordance with Article 17 of Decree-Law No. 24/2014, there are situations where the right of free resolution does not apply. Namely:

• When it concerns the supply of goods made to the consumer's specifications or clearly personalized;
• When it concerns the supply of sealed goods that are not suitable for return for health protection or hygiene reasons, if unsealed after delivery;
• When it concerns the supply of goods that, after delivery, by their nature, become inseparably mixed with other products;
• When the service has been completely performed after the customer's express consent and acknowledgment that they lose the right of free resolution once the contract is fully executed;
• When it concerns the supply of digital content not provided on a material medium, if the execution has begun with the consumer's express consent and with the acknowledgment of the loss of the right of free resolution.

By way of example, the following stand out:

• Software, digital licenses, or downloadable files, whose access has been made available and/or activated;
• Technical or personalized services initiated before the end of the 14-day period, with the express consent of the customer;
• Consumable or disposable PRODUCTS (e.g., calibration solutions), opened or used after delivery.

15.5 Conditions of Return

The return of PRODUCTS under free resolution is subject to the following conditions:

• The PRODUCT(S) must be returned in new condition, with complete original packaging, without signs of improper use, and accompanied by the purchase invoice.
• CDs, DVDs, software, or other digital media must remain sealed and intact; otherwise, they will not be accepted.
• PRODUCTS that show signs of use, damage, broken seals, or absence of components/accessories will not be accepted for return.

All PRODUCTS will be inspected upon arrival at our service. OPEN GROW reserves the right not to accept returns that do not comply with the conditions described herein.

15.6 Support and Contact

Should the customer require assistance in exercising the right of resolution, they can contact OPEN GROW through the following means:

• Email: support@opengrow.pt
• Telephone: (+351) 232 458 475
• In person at the Post-sales Department (Monday to Friday, from 10:00 AM to 7:00 PM, except holidays)

16. Warranty and Product Conformity

OPEN GROW offers a warranty for all PRODUCTS sold on its SITES, in strict compliance with applicable legal provisions, namely Decree-Law No. 84/2021, of October 18 (transposing Directives (EU) 2019/771 and 2019/770), with the aim of ensuring customer satisfaction. This legal conformity warranty covers defects and lack of conformity that affect the functionality or characteristics of the PRODUCT, provided that it has been used and handled according to the instructions provided by the manufacturer or OPEN GROW.

The legal conformity warranty follows the deadlines and conditions established by current Portuguese and European legislation. It is important to note that physical PRODUCTS (movable goods) and digital PRODUCTS have distinct warranty regimes, as detailed below.

16.1 Physical PRODUCTS (Movable Goods) and Consumer Rights

The legal conformity warranty for physical PRODUCTS, such as electronic equipment, modular systems, and accessories purchased from January 1, 2022, is 3 (three) years from the date of delivery of the physical PRODUCT to the consumer. For goods purchased before that date, the legal period of 2 years applies.

In case of lack of conformity of the physical PRODUCT, the consumer has the right to have its conformity restored, free of charge, through repair or replacement of the good, within a maximum of 30 days after communicating the malfunction to OPEN GROW, except for duly justified exceptions agreed with the consumer.

The consumer can only exercise the right to an adequate price reduction or contract termination (refund) if:

• The repair or replacement has not been completed within 30 days, unless otherwise agreed.
• The repair or replacement is not possible or is disproportionate.
• The repair or replacement causes serious inconvenience to the consumer.
• The lack of conformity manifests itself again after an attempt to restore conformity.
• OPEN GROW has declared, or it results from the circumstances, that it will not restore the conformity of the good within a reasonable period or without serious inconvenience.

In cases where the consumer can opt for these rights:

• Adequate price reduction: If the defect is not serious enough to justify contract termination.
• Contract termination: With consequent full refund of the amount paid, in cases where the lack of conformity is serious and justifies contract termination.

16.1.1 Specific Warranty Exclusions for Physical PRODUCTS

The legal warranty for physical PRODUCTS (movable goods) does not cover damage or failures caused by:

Misuse: Situations where the PRODUCT is used improperly, negligently, or contrary to the instructions for use and maintenance provided.

Examples of misuse include, but are not limited to:

• Damage caused by drops, impacts, liquid spills, or other accidents.
• Use of the PRODUCT with inadequate voltage or electrical frequency.
• Modification, tampering with the PRODUCT, or the installation of non-original or non-approved parts by OPEN GROW/manufacturer.
• Exposure of the PRODUCT to extreme environmental conditions (such as excessively high or low temperatures, excessive humidity, dust, chemicals).
• Excessive or continuous use without respecting recommended operating limits or work cycles.

Normal Wear and Tear: Natural wear that occurs during normal and expected use of the PRODUCT over time, and which is not considered a lack of conformity.

Examples of normal wear and tear include, but are not limited to:

• Gradual reduction of light intensity in lamps, or reduction of sensor and battery efficiency over time and use.
• Small scratches or aesthetic marks on the PRODUCT surface caused by normal daily use.
• Wear of movable components, such as fans, buttons, or cables, after a long period of continuous use.
• Need to replace consumable parts, such as filters, lamps, or fuses, which have a limited and programmed lifespan.

16.2 Digital PRODUCTS and Digital Services

Digital PRODUCTS (e.g., software, electronic content, usage licenses) and digital services are subject to a specific conformity warranty regime, as established by Decree-Law No. 84/2021, of October 18, which transposed Directive (EU) 2019/770.

The legal conformity warranty for digital PRODUCTS and services applies to their functionality, compatibility, security, and other characteristics as per the contract. The warranty period is 2 (two) years for single supply (e.g., software with a perpetual license). For continuously supplied digital content or services (e.g., subscriptions), the warranty applies for the duration of the supply period.

Shipping Error or Technical Failure: If the digital PRODUCT is delivered incorrectly (e.g., wrong license) or has technical failures that prevent its use or conformity with the contract, OPEN GROW undertakes to restore its conformity, preferably by correcting the error or, if not possible, offering replacement or refund, as applicable.

16.2.1 Specific Warranty Exclusions for Digital PRODUCTS

Digital PRODUCTS and services are not covered by warranties against improper use, modification of the PRODUCT by the customer (unless the modification is compatible with instructions or agreed upon), or incompatibility resulting from unsupported hardware/software. They are not eligible for returns due to a mere change of mind or preferences, in accordance with European legislation, especially after the start of their execution or download (see Section 14.5).

16.3 Complaint Process (Warranty Claim)

If the customer wishes to make a complaint for lack of conformity or defect of the PRODUCT covered by the warranty, they must follow the procedures described in the following subsections.

16.3.1 Immediate Contact

The customer must contact OPEN GROW as soon as they become aware of the lack of conformity, as this contact is essential for effective complaint management.

16.3.2 Means of Contact

Contact can be made by one of the following means:

• In person at OPEN GROW's Post-sales Department, with the PRODUCT invoice, at the address:

  Open Grow, Lda
  Parque Industrial de Coimbrões,
  Edifício Expobeiras,
  3500-618, Viseu, Portugal
  (operating Monday to Friday, from 10:00 AM to 7:00 PM, except holidays).

• By Phone, by contacting Customer Support at (+351) 232 458 475. Customer support operates Monday to Friday, from 10:00 AM to 7:00 PM, except holidays.
• By Email, by sending to Customer Support at support@opengrow.pt.
• Through the Online Form, available on the contact page of the Open Grow Shop.

16.3.3 Necessary Documentation

The customer must always present the invoice as proof of purchase. For the technical evaluation of the malfunction or lack of conformity, the following information is essential:

• Detailed description of the PRODUCT and model.
• Clear and precise description of the malfunction or lack of conformity.
• Context in which the problem was detected and any prior actions taken.
• Photographs or videos illustrating the problem (if applicable).

16.3.4 Return Costs for Warranty Analysis

The direct shipping costs of the item to OPEN GROW's facilities, for the purpose of analysis and verification of lack of conformity covered by the warranty, will be the responsibility of OPEN GROW if the lack of conformity is confirmed after technical analysis or if it is a shipping error attributable to OPEN GROW. If the defect is not covered by the warranty (e.g., misuse or normal wear and tear), or if it is a return for another reason, the provisions of Section 14.4 of these Terms and Conditions will apply.

16.3.5 Technical Verification and Resolution

After receiving the PRODUCT at OPEN GROW's facilities, a technical verification will be carried out.

If the lack of conformity is confirmed, the PRODUCT will be forwarded to the brand's technical assistance for repair or replacement, according to consumer rights and the hierarchy of legal solutions.

If the technical verification detects signs of misuse (as defined in 16.1.1) or any problem that caused the malfunction and is not covered by the warranty (e.g., drop, humidity, unauthorized intervention), the customer will be contacted to inform them of the repair cost, should they wish OPEN GROW to proceed with forwarding it to the brand's technical assistance under a quote.

16.4 Deadline for Complaint (Defect Notification)

For the legal warranty to be valid, the consumer must communicate the lack of conformity or defect to OPEN GROW within 2 (two) months from the date they became aware of it. Failure to comply with this notification period implies the forfeiture of warranty rights, unless OPEN GROW was aware of the lack of conformity or intentionally concealed it.

16.5 Limitation of Liability

OPEN GROW's responsibility under the legal warranty is strictly limited to repair, replacement, price reduction, or contract termination, in accordance with legally established terms and conditions. OPEN GROW is not responsible for indirect, consequential damages, loss of profits, business interruption, or any other financial losses resulting from the use or malfunction of purchased PRODUCTS, beyond what is expressly provided by current legislation.

16.6 Warranty for Second-Hand or Refurbished PRODUCTS

OPEN GROW may sell PRODUCTS classified as refurbished, used, or second-hand, which are covered by their own legal warranty. The warranty for these PRODUCTS will have a reduced term, to be expressly defined and communicated to the customer at the time of purchase, however, never less than 1 (one) year from the date of delivery of the PRODUCT, as permitted by current legislation for second-hand goods. This warranty covers conformity defects existing at the date of delivery that manifest during the agreed period.

17. Limitation of Liability

OPEN GROW's liability, to the fullest extent permitted by applicable law, will be limited according to the provisions of this section and does not affect the consumer's legal and inalienable rights, namely those arising from the legal conformity warranty of the PRODUCTS.

OPEN GROW is not responsible for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, revenue, data, or business opportunities, resulting from the situations described in the following subsections.

17.1 Use or Inability to Use PRODUCTS

OPEN GROW does not guarantee that the PRODUCTS or services available on the SITES will meet all the user's specific needs, nor that their operation will be free from interruptions or errors, provided that this does not constitute a lack of conformity of the PRODUCT or service under the law. Responsibility for conformity defects is governed by Section 16 of these Terms and Conditions.

17.2 Damage or Loss of PRODUCTS

After the order is delivered to the customer, responsibility for the integrity and preservation of the PRODUCTS is transferred to the customer. OPEN GROW is not responsible for damages or losses occurring after delivery, except in cases expressly provided by applicable law that impose responsibility on the seller.

17.3 Pricing and Product Description Errors

OPEN GROW will make its best efforts to ensure that all information on the SITES, including prices, PRODUCT descriptions, and stock, is correct and updated. However, OPEN GROW is not responsible for typographical errors, system errors, or other inaccuracies that may arise and that are not detectable or correctable with reasonable diligence. Such errors do not, by themselves, imply liability for damages, without prejudice to other legal consumer rights, such as the right to terminate the contract in case of an essential error.

17.4 Limitation of Financial Liability

In any circumstance, and to the maximum extent permitted by law, OPEN GROW's total and accumulated liability for any damages or losses arising from or related to the use of the SITES, PRODUCTS or services, or these Terms and Conditions, will be limited to the total amount actually paid by the customer for the order or service in question, expressly excluding any indirect or consequential damages not compensable by law.

17.5 General Provision

This section establishes the limits of OPEN GROW's liability and aims to ensure that, within legal parameters and the conditions established herein, the company will not be held responsible for situations beyond its direct control or resulting from risks inherent to the use of PRODUCTS and services, without prejudice to the consumer's imperative rights.

18. Force Majeure

18.1 Definition and Scope

OPEN GROW will not be liable for any failure or delay in fulfilling its contractual obligations (including delays in delivery or provision of services) if such failure or delay is caused by Force Majeure circumstances. For the purposes of these Terms and Conditions, "Force Majeure" means any event or circumstance that is beyond OPEN GROW's reasonable control, unforeseeable or, if foreseeable, unavoidable, and that prevents or hinders the fulfillment of its obligations.

18.2 Examples of Force Majeure

Force Majeure circumstances include, but are not limited to:

• Natural disasters (such as earthquakes, floods, severe storms, fires, or other calamities);
• Wars, acts of terrorism, civil disturbances, riots, or insurrections;
• Strikes, blockades, work stoppages, or other general labor actions affecting the activity;
• Major interruptions or failures in transport and logistics services (including partner carriers), communication, energy, or water supply;
• Failures in computer systems, communication networks, or payment platforms that are beyond OPEN GROW's control;
• Legislation, regulations, decrees, or government orders that prevent or restrict the execution of contractual obligations;
• Pandemics, epidemics, public health emergencies, or other health crises affecting operational capacity;
• Other events or circumstances of a similar nature that are demonstrably beyond OPEN GROW's reasonable control.

18.3 Notification and Minimization Efforts

In the event of a Force Majeure event, OPEN GROW will make all reasonable efforts to notify the affected customer, when possible, and to minimize the effects of such event, as well as to fulfill contractual obligations as quickly as possible after the cessation or resolution of the Force Majeure situation.

18.4 Termination of Contract due to Force Majeure

If the Force Majeure situation persists for a period exceeding 30 (thirty) consecutive days, OPEN GROW reserves the right to terminate the contract with the affected customer, without such termination implying any penalty for OPEN GROW. Any refund of amounts paid by the customer, referring to PRODUCTS or services not delivered or not provided due to Force Majeure, will be processed if applicable and without undue delay.

19. Suspension and Termination of Services

OPEN GROW reserves the right, at any time and at its sole discretion, to suspend, restrict, or discontinue partially or totally access to the SITES and/or its services, with or without prior notice, whenever it deems necessary, especially in the following situations:

19.1 Non-Compliance with Terms and Conditions

When the user fails to comply with the obligations and duties contained in these Terms and Conditions, including, but not limited to, those defined in the sections related to:

• Conditions of Use of the SITES (Section 4);
• Eligible Countries for Commercial Transactions (Section 10);
• PRODUCTS and Prices (Section 11);
• Payment (Section 12);
• Order Requests, Delivery and Supply of PRODUCTS (Section 13);
• Exchange and Returns Policy (Section 14);
• Right of Free Resolution and Returns (Section 15);
• Warranty and Conformity of PRODUCTS (Section 16);
• Any other provisions that impose duties or prohibitions on the user.

19.2 Technical, Security or Operational Reasons

In case of need for maintenance, system improvements, or when there are security, legal, or operational reasons that prevent the regular continuity of the service or that may compromise the integrity of the SITES, user data, or OPEN GROW.

19.3 Cessation or General Discontinuation of Services

In the event that OPEN GROW decides, for strategic or commercial reasons, to discontinue the offering of certain services or all of its SITES. In such cases, OPEN GROW will make efforts to communicate this decision in advance with a minimum notice of 15 (fifteen) days before the expected deactivation date, whenever possible.

The suspension or termination of services by OPEN GROW, based on the terms of this section, does not grant the user the right to any indemnity, compensation, or reimbursement, except in cases expressly provided by law or if there are pending payments for services already paid for and not rendered.

Whenever feasible, OPEN GROW will communicate the suspension or termination of services in advance, by email (to the address associated with the user's account) or through a notice published on the SITES. The user will have a period of up to 3 (three) business days, counting from the communication, to access their client area and safeguard any personal information, order data, or other content they wish to retain.

OPEN GROW cannot be held responsible for any losses, damages, or consequences resulting from the suspension or termination of services, when such actions are duly justified under the terms of this section.

19.4 Additional Measures

OPEN GROW reserves the right to adopt additional legal or technical measures, beyond the suspension or termination of access, to protect its interests, the interests of other users, and the integrity of its services, whenever abusive, fraudulent, or malicious conduct by the user is verified.

20. Contacts and Support

20.1 Contact Information

For any doubts, questions, complaints, or support requests related to the use of OPEN GROW's SITES, these Terms and Conditions, or your orders, users can contact our customer support team through the following means:

• Email: support@opengrow.pt
• Phone: +351 232 458 475
• Postal Address:

  Open Grow, Lda
  Parque Industrial de Coimbrões,
  Edifício Expobeiras,
  3500-618, Viseu, Portugal

20.2 Service Hours

Our customer support service is available from Monday to Friday, from 10:00 AM to 7:00 PM, except holidays.

20.3 Consumer Dispute Resolution

In accordance with European and Portuguese legislation, OPEN GROW informs consumers about the possibility of resorting to out-of-court dispute resolution mechanisms. If you are not satisfied with the solution presented by OPEN GROW or the quality of our services, you can resort to one of the following Alternative Consumer Dispute Resolution (ADR) Entities:

• European Online Dispute Resolution Platform (ODR Platform): Available for resolving online contractual disputes resulting from online sales or service contracts. Link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show
• CNIACC - National Center for Information and Arbitration of Consumer Conflicts: Website: https://www.cniacc.pt/

You can consult the updated list of Alternative Consumer Dispute Resolution Entities on the Directorate-General for Consumers portal: https://www.consumidor.gov.pt/

20.4 Responses to Complaints and Information Requests

OPEN GROW undertakes to respond to all complaints or information requests submitted by users within a maximum period of 30 (thirty) days, as stipulated by applicable law.

21. Effective Date and User Consent 

21.1 Effective Date

These Terms and Conditions come into effect on the date of their publication on OPEN GROW's SITES, as indicated by the date affixed at the beginning of this document.

21.2 User Consent

By using OPEN GROW's SITES or making a purchase, the user declares that they have read, understood, and agree to the Terms and Conditions described herein. The user also agrees to comply with all rules and policies applicable to the use of our services, including the Privacy Policy and the Cookie Policy.

21.3 Electronic Acceptance

The user can manifest their acceptance of these Terms and Conditions electronically, by Browse the SITES or making a purchase. The user agrees that such acceptance has the same legal validity as a physical signature.

22. Final Provisions

22.1 Entire Agreement

These Terms and Conditions constitute the entire agreement between the user and OPEN GROW, replacing all prior agreements, written or oral, related to the use of OPEN GROW's SITES and the purchase of PRODUCTS or services.

22.2 Changes and Revisions

OPEN GROW reserves the right to change or update the Terms and Conditions at any time. Any modifications will be published on the SITES and will come into effect immediately after being made available online, unless otherwise provided. It is recommended to periodically consult this section to check for any changes.

22.3 Section Headings

The section headings in these Terms and Conditions are provided for convenience only and shall not affect their interpretation.

22.4 Non-Waiver

OPEN GROW's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

22.5 Survival

Provisions which, by their nature, are intended to continue to have effect after the termination or rescission of these Terms and Conditions, including, but not limited to, provisions on limitation of liability, warranties, payment obligations, and intellectual property, shall remain in force even after the cessation of the contractual relationship.

22.6 Assignment

OPEN GROW may assign, transfer, or subcontract its rights and obligations, in whole or in part, without the need for the user's consent. The user may not assign their rights or obligations without the prior and express consent of OPEN GROW.

22.7 Language

These Terms and Conditions are available in European Portuguese. If there is a translation into another language, the Portuguese version shall prevail in case of divergence or conflict of interpretation.

22.8 Legal and Regulatory Provisions

OPEN GROW undertakes to comply with all applicable laws and regulations regarding the operation of the SITES and the provision of its services. If any provision of these Terms and Conditions is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

22.9 Forum and Jurisdiction

These Terms and Conditions are governed by Portuguese law. Any dispute relating to the interpretation or execution of the Terms and Conditions will be submitted to the exclusive jurisdiction of the courts of the district of Viseu, except in case of imposition of competent jurisdiction in another jurisdiction, according to applicable law.