ONLINE STORE OS GAROTOS TERMS AND CONDITIONS
1. Scope and Purpose of the General Conditions of the Store
These General Terms and Conditions are agreed between Maria Clara da Silva Boaventura Sousa Cardoso – SHOP OS GAROTOS, are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the STORE ONLINE OS GAROTOS, headquartered Rua José Elias Garcia, Nº35, 2640-495 Mafra, under tax identification number 181507676 and contact (+351) 261 814 233, hereinafter referred to as “STORE OS GAROTOS” and people wishing to make purchases through the website www.osgarotos.com hereafter referred to as the “User”.
The Service consists of the provision through the address www.osgarotos.com of access to the Online Store which, in addition to providing information on a set of products allows the User by electronic means to order the products disclosed on the terms and conditions described herein.The ordering of products must be made by users who are 18 or older (eighteen) years old (individuals under the age of consent must be authorized by their representatives). The elements and information transmitted by the user will enjoy full legal effects, recognizing the user’s electronic purchases, and can not claim the lack of signature for non-compliance with the obligations assumed.
2. Product Information and Contents
STORE OS GAROTOS will do everything possible so that the information presented does not contain typographical errors, and will be corrected quickly whenever they occur. STORE OS GAROTOS will do everything possible to send all the products ordered but it is possible that in certain cases and due to causes not easily controllable by STORE OS GAROTOS as human errors or incidences in the 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 e-mail or by telephone. At this point you will be presented with the possibility of canceling the order with the corresponding 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 STORE OS GAROTOS.
3.1. All products and services marketed at STORE OS GAROTOS are in accordance with Portuguese Law.
3.2. The Store has the adequate levels of security, however it will not be responsible for any damages suffered by the user and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate in factors beyond their control, namely any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by modems, by connection software or by any computer viruses or by downloading via the infected files service or by containing viruses or other properties that may affect the user’s equipment. If for any reason of error of access to the online site of the STORE OS GAROTOS is unable to provide service, it 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 STORE OS GAROTOS declines any responsibility arising from the misuse or fraudulent use of the information obtained.
3.4. STORE OS GAROTOS shall not be liable for any loss or damage caused by abusive use of the Service that is not directly attributable to it as fraud or gross negligence.
3.5. STORE OS GAROTOS is not liable for damages or damages resulting from failure or defective performance of the Service when it is not directly or indirectly attributable to it as a felony or serious fault, and is not responsible in particular for (i) errors, omissions or other inaccuracies information made available through the Service; (ii) damages caused by the fault of the User or of third parties, including infringements of intellectual property, (iii) failure or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) failure or failure to comply situations of an extraordinary or unforeseeable nature, outside the STORE OS GAROTOS and that can not be controlled, such as fires, power outages, explosions, wars, riots, civil unrest, decisions governmental organizations, strikes, earthquakes, floods or other natural disasters or other situations not controllable by the store that prevent or impair the fulfillment of the obligations assumed.
3.6. The Store does not guarantee that:
- the online store is delivered on an uninterrupted, secure, error-free or infinite-time basis;
- the quality of any product, service, information or any other material purchased or obtained through the online store fulfills any expectations of the user in relation to it;
- any material obtained in any way through the use of the Store The Boys is used at the risk of the User, who is solely responsible for any damage caused to his system and computer equipment or for any loss of data resulting from that operation.
- no advice or information, either oral or written, obtained by the User from or through the online store will create any guarantee that is not expressed in these General Conditions.
3.7. The User agrees that STORE OS GAROTOS can not in any way be held liable for any damages, including but not limited to damages for loss of profits, data, contents, or any other losses (even if you have been previously advised by the User about the possibility of such damages), resulting from:
- the use or impossibility of using the Service;
- the difficulty of obtaining any substitute of goods / services;
- unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
- Provide correct personal data and addresses;
- Do not use false identities;
- Respect the limits of orders imposed.
4.2. If any of the data is incorrect or is insufficient, and for this reason there is a delay or impossibility in the processing of the order, or any non-delivery, the responsibility is the user, and STORE OS GAROTOS declines any responsibility. In the event that the consumer breaches any of these obligations, STORE OS GAROTOS reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services offered simultaneously by Loja to the same user; and also does not allow future access of the user to any or any services provided by the Store.
4.3. The use of products and services purchased for commercial purposes, namely for resale of goods, is expressly prohibited.
5. Privacy and Protection of Personal Data
5.1. STORE OS GAROTOS guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being of obligatory supply are indispensable to the provision of the Service by STORE OS GAROTOS. The omission or inaccuracy of the data provided by the User is of his sole and entire responsibility and may give rise to the refusal to provide the Service by the Store.
5.3. The personal data of the User will be processed and stored by computer and are intended to be used by STORE OS GAROTOS in the contractual and / or commercial relationship with the User and, if authorized by the User, for the marketing of clothing and accessories.
5.4. In accordance with the applicable legislation, the User is guaranteed, without additional charges, the right of access, rectification and updating of his or her personal data, either directly or by written request, as well as the right to oppose the use thereof for the purposes set forth in previous number, and for this purpose contact the entity responsible for the processing of personal data: STORE OS GAROTOS.
5.5. The Internet is an open network, so that the personal data of the User, other personal information and all content hosted on the Service may circulate in the network without security conditions, including the risk of being accessible and used by unauthorized third parties. The effect and STORE OS GAROTOS shall not be liable for such access and / or use.
6. Delivery / Availability and Consumption
6.1. Orders will be delivered to Portugal within 2-3 business days, Portugal Islands 3-5 business days and the rest of the world 3-8 business days after ordering. The delivery is made by the company Westroutes.
6.2. Shipping costs of the ordered items will be added to the order value in the order completion process, indicating the destination address.
6.3. The availability of the service will be made after the confirmation of payment made.
6.4. THE STORE OS GAROTOS can not change the delivery address of the orders from the moment they are despatched. The delivery deadlines mentioned above are merely indicative and do not take into account any delays caused by problems with the carrier, payment authorizations or customs clearance in the country of destination.
6.5. Status of Delivery: All orders are dispatched from the STORE OS GAROTOS warehouse within 2 business days after payment confirmation.As soon as the order is paid, the STORE THE GAROTOS will send an email to the user with the information about their shipment. The user will be able to track his order with the mentioned Carrier.
6.6 Expeditions and collections: During the registration process on www.osgarotos.com the user will have to indicate the data of his address that will be designated by user address. The orders will be delivered to the address defined as the user address. If you want to submit articles for more than one address, you must place an order for each of these addresses. In this case, the user will be charged a shipping cost for each order placed. With the tracking number provided for each order, the user can follow up at any time.
6.7 Expeditions and collections of orders in Portugal and Internacional: Since the Carrier requires a signature at the moment of delivery of the orders, the user, or a representative, must be present at the destination address on the day of delivery.
6.8. Delivery of sucessful expeditions: The customer is requested to carefully inspect the order BEFORE signing the delivery document upon delivery of all shipments. All orders from STORE OS GAROTOS are sent inside a sealed coex bag that contain an OS GAROTOS personalized box sealed with security OS GAROTOS logo sticker. If, for any reason, the order appears to be tampered please sign the delivery document with reservations or refuse delivery. If you accept the delivery of the order with reservations, or if you refuse it, please immediately make a complaint to the Carrier and contact us for firstname.lastname@example.org explain the situation.
6.9. Non-delivery orders imputable to the user: If the order is not delivered successfully at the user’s address, due to some reason attributable to you (absence of person at the address, wrong telephone number, wrong or incomplete address, nonconformity with import regulations, etc.), there may be a risk of the order to be returned to the STORE OS GAROTOS. All charges will be charged to the user, including any import charges that may be collected upon reentry in Portugal, in the case of shipments to countries outside the Community. These costs will be deducted from any reimbursement.
6.10 Insure: The STORE OS GAROTOS assures each purchase during the period of transit until the moment of delivery to the user. All orders require a signature at the time of delivery, at which time the responsibility passes to the user. If you designate a recipient other than himself, for delivery purposes, then you accept the evidence of a signature as proof of delivery and compliance by STORE OS GAROTOS and the corresponding transfer of responsibility in the same way.
6.11. Greater force:In case of force majeure, the obligations of STORE OS GAROTOS may be delayed. The contract between STORE OS GAROTOS and the user may in such cases be partially or completely denounced by either party. It is considered force majeure whenever situations arise of war, civil war, revolution, riot, government measures, strikes, blockades or natural disasters. In any of these cases, STORE OS GAROTOS will do everything to resolve the problem with you as soon as possible.
7. Cancellation of orders
7.1. At the user’s requestThe User may cancel your order by requesting it to the STORE OS GAROTOS through the telephone number or email indicating the order number, which will be accepted as long as it has not yet been processed.For the purpose of cancellation the User must indicate the following data:
- Order number
- User Name
- Delivery address
7.2. By decision of the STORE OS GAROTOS, the Store reserves the right not to process orders, when it verifies some inconsistency in the presented personal data or to observe bad conduct on the part of the buyer. STORE OS GAROTOS reserves the right not to process any order, in case of errors in the values and / or characteristics of the products, when these arise from technical problems or errors not related to the Store.
8. Return (Right of Resolution)
8.1. The User may, in the case of a consumer, exercise the right of withdrawal without any compensation being demanded, within 15 (fifteen) days from the day on which the consumer acquires the physical possession of the good.In order to exercise this right, the User must indicate all his identification data, the subscribed service that he intends to solve and the date of subscription, to the email email@example.com.The consumer must, within 15 (fifteen) days from the date of the communication of the resolution, return the goods to LOJA OS GAROTOS under proper conditions of use.The packaging must be returned complete, as it has been delivered and accompanied by the sales invoice and the articles must be intact, with no signs of use and with unbranded label (s). The packaging and the indicated documents must be delivered in person or sent to the following address (shipping costs are the responsibility of the user): STORE OS GAROTOS Rua José Elias Garcia, nº35, 2640-495 Mafra
8.2. Upon receipt and verification of the order, if the store is in its original state, STORE OS GAROTOS reserves the right not to make the exchange. In case the conditions are met, STORE OS GAROTOS accepts the exchange of the article returned by another item of value corresponding to the value paid for the order (value of the sales invoice) at the same season of purchase (Spring / Summer or Fall / Winter). If you have used a promotional discount code, this amount will not be refunded, ie the refund will only be for the amount actually paid. The value of the postage will not be refunded either. ATTENTION: STORE OS GAROTOS only accepts returns if the item has a defect proven by the STORE OS GAROTOS. Otherwise, it only accepts exchanges. The user is free to exchange any article, without justifying the reason, for another different article or for another size.
8.3. In order for the product to be exchanged, it must be ensured that the packaging is complete (box / envelope, label, invoice) containing all the constituent components, in excellent condition.
8.4. In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no exchange or refund for defect of product.
9. Intellectual Property
9.1. STORE OS GAROTOS is a registered site and the Service provided by the site itself is the responsibility of STORE OS GAROTOS.
9.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
9.3. The User undertakes to respect in full the rights referred to in the preceding paragraph, namely to refrain from any acts that may violate the law or said rights, such as reproduction, marketing, transmission or placement to the public’s disposal of such contents or any other unauthorized acts that have as their object the same contents.
10. Service Security Conditions
10.1. The User undertakes to observe all applicable legal provisions, in particular, not to practice or encourage the practice of illegal acts or offensive of the good habits, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions in the legislation applicable to the processing of personal data and to the advertising communications through automatic calling devices, and shall also observe the rules of use of the Service, otherwise the Store will suspend or deactivate the Service in accordance with item 13.
10.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that may be used by several users, and as such, subject to computer overload, and therefore STORE OS GAROTOS does not guarantee the provision of the Service without interruption, loss of information or delays.
10.3. STORE OS GAROTOS also does not guarantee the provision of the Service in situations of unpredictable overload of the systems in which it is supported or of force majeure (situations of an extraordinary or unforeseeable nature, outside the STORE OS GAROTOS and that can not be controlled by it) .
10.4. In case of interruption of the provision of the Service for reasons of unpredictable overload of the systems in which it is supported, STORE OS GAROTOS undertakes to regularize its operation as soon as possible.
11. Suspension and deactivation of Shop Service
11.1. Regardless of any prior or subsequent communication, STORE OS GAROTOS may, at any time and in its sole discretion, discontinue the provision of the Service and / or part of the Service to any or all Users.
11.2. STORE OS GAROTOS also reserves the right to suspend or immediately cease access to the Service in the following cases:
- When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
- When the SOTRE OS GAROTOS ceases access to the Lodge.
11.3. Suspension or termination of the Service by STORE OS GAROTOS, under the terms of the previous numbers, does not matter the right of the User or third parties to any compensation or other compensation, not being liable or in any way encumbered by any consequence resulting from the suspension, cancellation of the Service.
11.4. In the situations described above, STORE OS GAROTOS will communicate to the User, in advance so that he may, wanting to safeguard the contents of his area of view of orders within three (3) business days from the sending of the e-mail or making the information available on the Service’s main page.
12.1. Without prejudice to other forms of communication set forth 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 .
12.2. The User agrees to receive any communication and / or notification related to the Online Store, to the address, telephone number and or email address indicated in the ordering process.At any time, you may request that you do not receive these communications and / or notifications through the Contact Form.
12.3. Whenever the STORE OS GAROTOS considers it necessary or desirable to optimize the browsing experience and / or improve the connectivity conditions, it can remotely reshape the network settings.
12.4. Notwithstanding the provisions of the following paragraphs, and in view of the innovative nature of the Service and the technological evolutions to which it may be subject, STORE OS GAROTOS may change its technical configurations whenever this proves convenient to adapt it to any technological developments.
12.5. STORE OS GAROTOS does not, however, guarantee the User to perform any upgrades or improvements to the Service.
13.1. The User may complain to the STORE OS GAROTOS of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
13.2. The complaint must be filed within a maximum period of 15 (fifteen) days, counted from the knowledge of the facts by the User, being recorded in the information systems of STORE OS GAROTOS who must decide the complaint and notify the interested party within a maximum period of 30 thirty (30) days from the date of receipt.
14. Governing Law The Agreement is governed by Portuguese.