Exchange and Returns Policy

Last updated: July 8, 2025

This document refers to the Exchange and Returns Policy implemented, 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 with the Commercial Registry Office of Viseu under the sole 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, the 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 the 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

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.

2. 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.

3. 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.

4. 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.

5. 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.

5.1 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.

6. 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.

7. 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.

8. 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.

9. 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.