- Scope and Object of the General Conditions of the Store
These General Conditions are intended to regulate the terms and conditions governing the provision of the Serrote Online Store Service, by Publicações Serrote, headquartered at Rua Dr Manuel Arriaga, 51 - 2.º, 1495-088 Algés, represented by Nuno Miguel Pinto Neves, with the NIF 212702181.
The Service consists of providing access to the Online Store through the address shop.serrote.com which, in addition to providing information on a set of products, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions here described.
The ordering of products must be made by Users aged 18 or over (individuals under the age of 18 must have authorisation from their representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User and his electronic purchases. The User cannot claim the lack of signature for non-compliance with the obligations assumed.
- Product and Content Information
Publicações Serrote 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 characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free resolution - see point 7).
Publicações Serrote 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 to control, such as human errors or incidents in the computer systems, it is not possible to provide any of the products requested by the User. If any product is not available after placing the order, you will be notified by email or telephone. 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 prices, products, specifications, promotional actions and services may be changed at any time by Publicações Serrote.
3.1. All products and services sold at Serrote Online Store are in accordance with Portuguese law.
3.2. The Store has adequate security levels, however Publicações Serrote 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 their control , namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from downloading through the infected files service or containing viruses or other properties that may affect the User's equipment. If for any reason of error in accessing the Serrote Online Store website, it is impossible to provide a service, Publicações Serrote will not be responsible for any losses.
3.3. The consultations of data and information carried out within the scope of this Service, are presumed to have been carried out by the User. Publicações Serrote declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4. Publicações Serrote will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to it as a fraud or serious fault.
3.5. Publicações Serrote are not responsible for damages resulting from non-compliance or defective fulfillment of the Service when this is not directly or indirectly attributable to it by way of intent or serious fault, not being responsible in particular for (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective compliance that results the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside the Publicações Serrote 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 controlled by Publicações Serrote that prevent or hinder the fulfillment of the assumed obligations.
3.6. Publicações Serrote do not guarantee that:
- the Service is provided uninterruptedly, is safe, without errors or works infinitely;
- the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to it;
- any material obtained in any way through the use of the Service is used at the User's own risk, being the User the solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from that operation.
- no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that Publicações Serrote can in no way be held liable for any damage, including, but not limited to damage from loss of profits, data, content, or any other losses (even if the User has previously been advised of the possibility occurrence of such damage), resulting from:
- the use or impossibility of using the Service;
- the difficulty of obtaining any substitute for goods / services;
- unauthorized access or modification to personal databases.
- 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, that is, insufficient, and for that reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and Publicações Serrote decline any responsibility. In the event that the consumer violates any of these obligations, Publicações Serrote reserve the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available by Publicações Serrote; and, still, not allow the future access of the User to any or any services made available by Publicações Serrote.
- Privacy and Protection of Personal Data
5.1. Publicações Serrote guarantee the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as mandatory supply are indispensable for the provision of the Service by Publicações Serrote. 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 Publicações Serrote.
5.3. The User's personal data will be processed and stored and are intended to be used by Publicações Serrote and PrestaShop within the scope of the contractual and / or commercial relationship with the User.
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 their use for the purposes provided for in the previous number, and for that purpose, contact the entity responsible for the processing of personal data: firstname.lastname@example.org.
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, including the risk of being accessible and used by unauthorized third parties for the effect, and Publicações Serrote cannot be held responsible for such access and / or use.
- Cancellation of orders
6.1. At the request of the User
the User may cancel his order by requesting Publicações Serrote through the telephone number or e-mail referring the order number, which will be accepted as long as the order has not yet been processed. After processing, Publicações Serrote will attempt to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must indicate the following data to Publicações Serrote:
- Order number
- TIN with which you placed the order and delivery address
6.2. Publicações Serrote reserve the right not to process orders when they find any inconsistency in the personal data presented or observe misconduct on the part of the buyer. Publicações Serrote reserve 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 Publicações Serrote.
- Return (Right of withdrawal)
7.1. The User, in the case of being a consumer, can exercise the right of withdrawal without being required any compensation, within 14 days from the day the consumer acquires physical possession of the property.
To exercise this right, the User can use the draft indicated below, and must indicate all his identification data, the subscribed service he intends to resolve and the subscription date. The communication must be made, by letter, through the return of the acquired asset, or by another appropriate and susceptible means of proof within the period defined above.
The consumer must, within 14 days from the date of the communication of the resolution, return the goods to Publicações Serrote under the proper conditions of use.
Draft for free resolution form (you must complete and return this form only if you want to terminate the contract)
- To [insert the name, address and, where appropriate, phone number and email address here]:
- By this communication / we communicate (*) that I have resolved / we have resolved (*) my / our (*) purchase and sale contract relating to the following asset / for the provision of the following service (*) - Requested on (*) / received in (*) -
Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only if this form is notified on paper). (*) Strike out what does not apply.
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 that proves the receipt of the product. The packaging and the indicated documents must be sent to the following address:
Rua Dr. Manuel Arriaga, n. 51 - 2nd floor
7.2. After receiving the return in Publicações Serrote, 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 refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments by credit card and PayPal, these are credited to the respective accounts. The reimbursement is made up to 14 days after receiving the free will resolution and receiving the return of the asset.
7.4. 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 refund of the price or postage, and the product will be sent back to the initial shipping address.
- Manufacturing defect
8.1. In case of "manufacturing defect", that is, when defects are detected in the article, the User must return the article, together with a copy of the invoice and the completed "Request for Exchange / Return of the Article" form, within a maximum 30 consecutive days from the invoice date, to the following address:
Rua Dr. Manuel Arriaga, n. 51 - 2nd floor
- Intellectual Property
9.1. The Serrote Online Store is a registered website and the Service provided by the website is the responsibility of Publicações Serrote and PrestaShop.
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 acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, therefore any use of such content may only occur under the express authorization of the respective owners.
9.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission or placement publicly available such content or any other unauthorized acts which have the same content as their object.
- Service Security Conditions
10.1. 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, and must also observe the rules for using the Service, under penalty of Publicações Serrote suspending or deactivating the Service under the terms set out in point 11.
10.2. 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 Publicações Serrote do not guarantee the provision of the Service without interruptions, loss of information or delays.
10.3. Publicações Serrote also do 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, outside Publicações Serrote and which cannot be controlled by it).
10.4. In the event of interruption in the provision of the Service due to unforeseeable overload of the systems on which it is supported, Publicações Serrote undertake to regularize its operation as soon as possible.
- Suspension and deactivation of the Loja Service
11.1. Regardless of any prior or subsequent communication, Publicações Serrote 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.
11.2. Publicações Serrote also reserve the right to suspend or terminate access to the Service immediately, 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 Publicações Serrote cease access to the Store, by giving 15 days prior notice of the termination date.
11.3. The suspension or cessation of the Service by Publicações Serrote, under the terms of the previous numbers, does not give the right of the User or third parties to any indemnity or other compensation, and Publicações Serrote cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
11.4. In the situations described above, Publicações Serrote will communicate to the User, previously so that he can, if he wishes, to safeguard the contents of his order viewing area within 3 working days from the sending of the email or availability of the information on the Service's main page.
12.1. 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. .
12.2. The User accepts to receive any and all communication and / or notification related to the Online Store, to the address, contact telephone number and / or email address (“email”) indicated in the ordering process.
At any time, you can request not to receive these communications and / or notifications through the Contact Form or through the option of the option "Do not receive the Newsletter" registered in each Newsletter.
- Technical Settings
13.1. Without prejudice to the provisions of the following number, Publicações Serrote may change the Service and / or the technical conditions for providing it, as well as the respective rules of use.
13.2. The version in use of these General Conditions and its annexes is available on the website: shop.serrote.com.
14.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to the Publicações Serrote for acts and omissions that violate the legal provisions applicable to the acquisition of goods.
14.2. The complaint must be submitted within a maximum period of 30 days, counted from the knowledge of the facts by the User, being recorded in the information systems of Publicações Serrote that must decide the complaint and notify the interested party within a maximum period of 30 days, counting from the date of receipt.
- Applicable Law
The Contract is governed by Portuguese law.