These General Conditions are intended, together with the order form or budget and the other elements referred to therein, to regulate the terms and conditions that will govern the provision of the Online Store Service ("Service" or "Store") by the sole proprietorship Sérgio Alberto da Silva Maio with registered office at Rua 18 de Junho Lote 15 Nº 109, Darque 4935-089 Viana do Castelo, under the single tax identification number No. 212 644 408 hereinafter referred to as WebStore.
The Service consists of providing, through the address(es) https://www.my-marketplace.pt, https://www.webmy.pt, https://tools.webmy.pt, https://www.climatizastore.pt and http://www.xanastore.pt of access to the Online Store which, 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 Membership of various subscription plans disclosed therein, under 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 the authorization of their representatives). The elements and information transmitted by the User will enjoy full legal effects, and the User will recognise the electronic acquisitions, and the User may not claim the lack of signature for non-compliance with the obligations assumed.
2. Product Information and Content
The WebStore will do everything possible to ensure that the information presented does not contain typographical errors, which 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 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 that are difficult for the WebStore to control, such as human errors or incidents in computer systems, it will not be possible to provide any of the products requested by the User. If any product is not available after you have placed the order, you will be notified by email or by phone. At that time, 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 on price, products, specifications, promotional actions and services may be changed at any time by the WebStore.
3. Responsibilities
3.1 All products and services sold in the WebStore Online Store are in accordance with Portuguese Law.
3.2 The Store has the appropriate levels of security, however the WebStore will not be responsible 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, namely, 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 infected files or containing viruses or other properties that may affect the User's equipment. If for any reason due to an error in accessing the WebStore Online Store website it is impossible to provide a service, the WebStore will not be responsible for any damages.
3.3 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 that is not directly attributable to it as a result of intent or gross negligence.
3.5 The WebStore is not liable for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as a result 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) damage caused by the fault of the User or third parties, including intellectual property violations, (iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, i.e. situations of an extraordinary or unforeseeable nature, outside 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 on an uninterrupted basis, is secure, error-free, or operates infinitely;
- the quality of any product, service, information or any other material purchased or obtained through the Service satisfies any expectations of the User in relation to the Service;
- any material obtained in any way through the use of the Service is used at your own risk and you are solely responsible for any damage to your computer system and equipment or for any loss of data that results from such operation.
- no advice or information, whether oral or written, obtained by the User from or through the Service shall create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that the WebStore cannot in any 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 or modification to personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
- Provide personal data and correct addresses;
- Do not use false identities;
- Respect the order limits 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 possible 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 User future access to any or all services made available by the WebStore.
4.3. The use of the products and services purchased for commercial purposes, namely for the purpose of reselling goods, is expressly prohibited.
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 mandatory are indispensable for the provision of the Service by the WebStore. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to the refusal of the WebStore to provide the Service.
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 the Website.
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 previous paragraph, and for this purpose they must 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 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 for thispurpose, 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 their order by requesting it from the WebStore via telephone number or email quoting the order number, which will be accepted as long as it has not yet been processed. After its processing, the WebStore will attempt to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must provide the following data to the WebStore:
- Order number
- VAT number 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 are due to technical problems or errors beyond the control of 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 any compensation being required (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 they wish to terminate and the date of subscription. The communication must be made, by letter, through the return of the acquired good, or by other appropriate means and susceptible to proof 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 proper conditions of use.
Draft for withdrawal form (you should only complete and return this form if you want to terminate the contract)
- To [insert the trader's name, geographical address and, where appropriate, fax number and email address here]:
- We hereby announce (*) that I terminate/terminate (*) my/our (*) purchase and sale contract 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). (*) Crossing out what doesn't matter.
The package 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 receipt of the product. The package and the documents indicated must be sent free of charge to the following address:
Sérgio Alberto da Silva Maio
Rua 18 Junho Lote 15 Nº 109
Darque, 4935-089, Viana do Castelo,
Portugal
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
7.2. Upon receipt of the return in the WebStore , the User will be refunded 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. For credit card and PayPal payments, they are credited to their accounts. In other cases, when information from the NIB is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by cheque to the billing address. The refund is made within 14 days after receipt of the will for 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 resent back to the initial shipping address.
8. Manufacturing defect
8.1. In the event of a "manufacturing defect", i.e. 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 Equipment" form, within a maximum period of 30 calendar days from the date of the invoice, to the following address:
Sérgio Alberto da Silva Maio
Rua 18 Junho Lote 15 Nº 109
Darque, 4935-089, Viana do Castelo,
Portugal
If the User chooses other forms of return, the respective shipping costs will be their 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 under the legal terms is at least 2 (two) years. This period is considered from the date of the equipment invoice 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 has defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of moisture/liquids, use of non-original accessories and technical interventions by unauthorized personnel are considered outside the warranty conditions.
9.4. If the equipment breaks down, and if it is covered by the warranty, the User may go with it, and respective proof of purchase and/or warranty, to a technical assistance center of the brand.
9.5. Accessories covered by the warranty, which are defective, must be sent, with the respective proof of purchase and/or warranty, to the following address:
Sérgio Alberto da Silva Maio
Rua 18 Junho Lote 15 Nº 109
Darque, 4935-089, Viana do Castelo,
Portugal
If the User chooses other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT Receipt that proves the shipment of the order.
9.6. If the equipment breaks down and this fault is not covered by the warranty, the User may go with it, and respective 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, highlight, promotion or mention of any sponsor or advertiser is protected by the laws on copyright and related rights, by the laws on industrial property and other property protection laws, so that any use of such content may only occur with the express authorization of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from performing any acts that may violate the law or the aforementioned rights, such as the reproduction, commercialization, transmission or making available to the public of such content or any other unauthorized acts that have the same content as their object.
11. Service Security Conditions
11.1. The User undertakes to comply with all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good morals, 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, and must also observe the rules of use of the Service, under penalty of the WebStore suspending or deactivating the Service under the terms provided for in point 14.
11.2. The User expressly acknowledges and accepts that the IP Network is 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 unforeseeable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, external to the WebStore and which cannot be controlled by it).
11.4. In the event of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is supported, the WebStore undertakes to regularize its operation as soon as possible.
12. Suspension and Disabling of the Store Service
12.1. Regardless of any prior or subsequent communication, the WebStore may, at any time, and at 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 terminate access to the Service immediately 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 of 15 days prior to the date of termination.
12.3. The suspension or termination of the Service by the WebStore, under the terms of the previous numbers, does not affect the right of the User or third parties to any compensation or other compensation, and the WebStore cannot be held responsible or in any way burdened for any consequence resulting from the suspension, cancellation, cancellation of the Service.
12.4. In the situations described above, the WebStore will notify the User in advance so that the User can, if he wishes, safeguard the content of his order viewing area within 3 (three) working days from the sending of the e-mail or the availability of the information 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 email 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 email 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" included in 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 its provision, as well as the respective rules of use, and must inform the User of such changes at least 15 (fifteen) days in advance.
14.2. The version of these General Conditions and its annexes in force at any time 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 given the innovative nature of the Service and the technological developments to which it may be subject, the WebStore may change its technical configurations whenever it is convenient to adapt it to any technological developments.
15.3. The WebStore does not, however, guarantee the User any upgrades or improvements to the Service.
15.4. Some upgrades or new features of the Service may be available only upon 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 about 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 , which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, from the date of its receipt.
17. Sweepstakes, Discounts and Promotions
17.1 Sweepstakes Rules
17.2 CashBack Regulations
17.3 Regulation for Discounts and Promotions
18. Applicable Law The Contract is governed by Portuguese law.
