These General Conditions are intended, with the order form or budget and the other elements referred to in them, to regulate the terms and conditions by which the provision of the Online Store Service ("Service" or "Store") by the individual company Sérgio Alberto da Silva Maio with headquarters at Rua 18 de Junho Lote 15 Nº 109 will be governed, Darque 4935-089 Viana do Castelo, under the unique tax identification number no. 212 644 408 hereinafter referred to as WebStore.
The Service consists of making available, through the address(es) https://www.my-marketplace.pt, https://www.webmy.pt, https://www.climatizastore.pt and http://www.xanastore.pt of access to the Online Store that, in addition to providing information regarding a set of products and / or services, allows the User, by electronic means, to order the products, request quotations and join various subscription plans disclosed therein, in the Terms and conditions described herein.
The order of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, acknowledging the User the electronic purchases, not being able to claim the lack of signature for non-compliance with the obligations assumed.
2. Product Information and Content
The WebStore will do everything possible so that the information presented does not contain typographical errors, and will be quickly corrected whenever they occur. If you purchase a product that has different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free withdrawal - see point 9).
The WebStore will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by the WebStore, such as human errors or incidents in computer systems, it is not possible to make available any of the products ordered by the User. If any product is not available after you have placed the order, you will be notified by email or telephone. At that moment you will be presented with the possibility to cancel the order with the respective refund, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by the WebStore.
3. Responsibilities
3.1 All products and services marketed in the WebStore Online Store are in accordance with Portuguese Law.
3.2 The Store has adequate levels of security, however the WebStore will not be liable for any losses suffered by the User and / or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, modems, connection software or any computer viruses or resulting from the download through the service of files infected or containing viruses or other properties that may affect the User's equipment. If for any reason of error of access to the website of the WebStore Online Store there is impossibility of providing service, the WebStore will not be responsible for any damages.
3.3 The queries of data and information made within the scope of this Service, are presumed to be made by the User, and the WebStore declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 The WebStore shall not be liable for any loss or damage caused by abusive use of the Service which is not directly attributable to it by way of intent or gross negligence.
3.5 The WebStore is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of intent or gross negligence, and is not responsible in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) by non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) by non-compliance or defective compliance resulting from the occurrence of situations of force majeure, that is, situations of an extraordinary or unforeseeable nature, external to the WebStore and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by the WebStore that prevent or impair the fulfillment of the obligations assumed.
3.6. The WebStore does not guarantee that:
- the Service is provided uninterruptedly, is secure, error-free or works infinitely;
- the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectation of the User in relation to the same;
- any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to its system and computer equipment or for any loss of data resulting from such operation.
- no advice or information, whether oral or written, obtained by the User from or through the Service shall create any warranty not expressed in these General Conditions.
3.7. The User accepts that the WebStore can in no way be held liable for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of such damages), resulting from:
- the use or inability to use the Service;
- the difficulty of obtaining any substitute for goods/services;
- unauthorized access to or modification of personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
- Provide personal data and correct addresses;
- Do not use false identities;
- Respect the limits of orders imposed.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and the WebStore declines any responsibility. In the event that the consumer violates any of these obligations, the WebStore reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by the WebStore to the same User; and also not allow the future access of the User to any or any services made available by the WebStore.
4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of resale of goods.
5. Privacy and Protection of Personal Data
5.1. The WebStore guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being of mandatory supply are indispensable to the provision of the Service by the WebStore. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service by the WebStore.
5.3. The User's personal data will be processed and stored electronically and are intended to be used by the WebStore within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND ACCORDING TO THE OBJECTIVE OF THE COMPANY IN PARTICULAR
5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose the use of the same for the purposes set out in the preceding paragraph, and for this purpose contact the entity responsible for the processing of personal data: WebStore.
5.5. The Internet is an open network, so the User's personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties forthis purpose, and the WebStore cannot be held responsible for such access and / or use.
6. Cancellation of orders
6.1 At the User's request
The User may cancel his order by requesting it from the WebStore through the telephone number or e-mail referring to the order number, which will be accepted as long as it has not yet been processed. After its processing, the WebStore will try to deliver it, but the User has the option not to accept it.
For the purpose of cancellation, the User must indicate the following data to the WebStore:
- Order Number
- NIF with which you placed the order and delivery address
6.2 By decision of the WebStore
The WebStore reserves the right not to process orders, when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer. The WebStore reserves the right not to process any order or refund, in the event of errors in the values and / or characteristics of the products, when these arise from technical problems or errors unrelated to the WebStore.
7. Return (Right of Withdrawal)
7.1. The User, in the case of being a consumer, may exercise the right of withdrawal without being required any compensation (Excludes the subscription of Plans), within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.
To exercise this right, the User may use the draft indicated below, and must indicate all their identification data, the subscribed service that they wish to resolve and the date of subscription. The communication must be made, by letter, through the return of the purchased good, or by other appropriate and provable means within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to the WebStore in the appropriate conditions of use.
Draft form for free resolution (you should only complete and return this form if you want to terminate the contract)
- To [insert here the name, geographical address and, where appropriate, fax number and e-mail address of the trader]:
- I hereby communicate/communicate (*) that I have resolved/terminated (*) my/our (*) contract of sale relating to the following good/for the provision of the following service (*) — Requested on (*)/received on (*) —
Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is served on paper). (*) Delete as appropriate.
The packaging must be returned complete, as it was delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document proving the receipt of the product. The packaging and the documents indicated must be sent free of charge to the following address:
Sérgio Alberto da Silva Maio
Street 18 June Lot 15 Nº 109
Darque, 4935-089, Viana do Castelo,
Portugal
If the User chooses other forms of return, the respective costs with shipping costs will be his/her responsibility.
7.2. Upon receipt of the return in the WebStore will be returned to the User the amount corresponding to the amount paid for the order (value of the sales invoice). If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
7.3. The method of refund of the amount to be returned depends on the payment method used in the respective order. In the case of credit card payments and PayPal, these are credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is made up to 14 days after receipt of the will of free resolution and receipt of the return of the good.
7.4. In the absence of any of the components of the item sold or, if any of them is not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.
8. Manufacturing defect
8.1. In case of "manufacturing defect", that is, when malfunctions are detected in the equipment that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, together with a copy of the invoice and the completed "Request for Exchange / Return of the Equipment" form, within a maximum period of 30 consecutive days from the date of the invoice, to the following address:
Sérgio Alberto da Silva Maio
Street 18 June Lot 15 Nº 109
Darque, 4935-089, Viana do Castelo,
Portugal
If the User chooses other forms of return, the respective costs with shipping costs will be his/her responsibility.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all the components that constitute it, in excellent condition.
8.3. In the absence of any of the elements mentioned above, or if any of the components is not in excellent condition, there will be no exchange, and the product will be sent back to the User.
9.Warranty
9.1. All equipment available in the Store is duly certified by the competent international entities.
9.2. The equipment and accessories have a warranty period defined by the manufacturer, which in legal terms is at least 2 (two) years. This period is considered from the date of the invoice of the equipment and can only be exercised upon presentation of the warranty certificate and / or proof of purchase (invoice) duly completed.
9.3. Equipment that has exceeded the period defined by the manufacturer or presents defects caused by abnormal wear, improper installation, inclement weather, electrical discharges, negligence or accidents, poor handling, infiltration of moisture / liquids, use of non-original accessories and technical interventions by unauthorized personnel are considered out of warranty conditions.
9.4. If the equipment breaks down, and if it is covered by the warranty, the User may go with it, and its proof of purchase and / or warranty, to a technical service center of the brand.
9.5. The accessories covered by the warranty, which break down, must be sent, with the respective proof of purchase and / or warranty, to the following address:
Sérgio Alberto da Silva Maio
Street 18 June Lot 15 Nº 109
Darque, 4935-089, Viana do Castelo,
Portugal
If the User chooses other forms of return, the respective costs with shipping costs will be his/her responsibility. The User must always request the CTT Coupon that proves the shipment of the order.
9.6. If the equipment breaks down and this failure is not covered by the warranty, the User may go with it, and its proof of purchase, to a technical assistance center of the brand.
10. Intellectual Property
10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of the WebStore.
10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
10.3. The User acknowledges that any content that appears in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, by the laws relating to industrial property and other laws of protection of property, so that any use of such content can only occur under the express authorization of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely by refraining from any acts that may violate the law or such rights, such as the reproduction, marketing, transmission or making available to the public of such content or any other unauthorized acts that have as their object the same contents.
11.Service Security Conditions
11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, must also observe the rules of use of the Service, under penalty of the WebStore suspending or deactivating the Service under the terms set forth in point 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads, so the WebStore does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. The WebStore also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to the WebStore and that cannot be controlled by it).
11.4. In case of interruption of the provision of the Service for reasons of unpredictable overload of the systems on which it is supported, the WebStore undertakes to regularize its operation as soon as possible.
12. Suspension and deactivation of the Store Service
12.1. Regardless of any prior or subsequent communication, the WebStore may at any time, and in its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
12.2. The WebStore also reserves the right to suspend or immediately terminate access to the Service in the following cases:
- When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
- When the WebStore terminates access to the Store, upon prior notice 15 days in advance of the date of termination.
12.3. The suspension or termination of the Service by the WebStore, in accordance with the preceding paragraphs, does not matter the right of the User or third parties to any compensation or other compensation, and the WebStore may not be held liable or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
12.4. In the situations described above, the WebStore will communicate to the User, in advance, so that he/she can, if he/she wishes, safeguard the content of his/her order viewing area within 3 (three) working days from the sending of the e-mail or making the information available on the main page of the Service.
13.Communications
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User's e-mail address, by SMS or telephone contact.
13.2. The User agrees to receive any and all communication and/or notification related to the Online Store, to the address, contact telephone number and/or e-mail address ("e-mail") indicated in the order process.
At any time, you can request not to receive these communications and / or notifications through the Contact Form or through the option "Do not receive the Newsletter" subscribed to each Newsletter.
14. Technical Settings
14.1. Without prejudice to the provisions of the following paragraph, the WebStore may change the Service and / or the technical conditions of provision of the same, as well as the respective rules of use, and must disclose to the User such changes at least 15 (fifteen) days in advance.
14.2. The current version of these General Conditions and their annexes is available on the Terms and Conditions website
15.Communications
15.1. Whenever the WebStore deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
15.2. Without prejudice to the provisions of the following paragraphs, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, the WebStore may change the technical settings of the same whenever this proves convenient to adapt it to possible technological developments.
15.3. The WebStore does not, however, guarantee to the User the realization of any upgrades or improvements in the Service.
15.4. Some upgrades or new features of the Service may be available only against payment by the User and/or subscription, by the User, to Specific Conditions of Use.
16. Complaints
16.1. The User may submit any contractual conflicts, to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to the WebStore of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the information systems of the WebStore that must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, from the date of its receipt.
17. Applicable Law The Contract is governed by Portuguese law.
