- Scope and Purpose of the General Conditions of the Store The present climatic conditions, with the order form, are the same ones that have been requested, as well as the conditions governing the provision of the Online Mariana Guimarães Online Service by Mariana Guimarães, based in Sesimbra.The site is a visitation service, through the website www.marianaguimaraes.com/loja access to the Online Store, which, in addition to providing information on a set of products and / or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions herein.The ordering of products must be made by Users aged 18 years or older (eighteen) years of age. The elements and information transmitted by the user will enjoy full legal effects, earning the right to electronic purchases, can not be considered a failure to sign the breach of the obligations assumed.
- Product Information and Contents Mariana Guimarães will do everything possible so that an open communication does not contain typographical errors, and they will be corrected quickly whenever they occur. If you purchase a product that has the same title as the online, you have the right to request the resolution of the purchase agreement in legal terms (right of free resolution – see paragraph 9).Mariana Guimarães will do everything possible to send the totality of the products ordered, but it is possible that in certain cases and due to causes difficult to control by Mariana Guimarães, such as human errors or incidences in the computer systems, it is not possible to make available any of the requested products by the User. If any product is not available after you have placed the order, you will be notified by e-mail or by phone. 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 prices, products, specifications, promotional actions and services may be changed at any time by Mariana Guimarães.
- Responsibilities
3.1 All products and services marketed in the Mariana Guimarães Online Store are in accordance with Portuguese Law.
3.2 The Store has adequate security levels, however, Mariana Guimarães shall not be liable 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 , in particular any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, the modems, the connection software or any computer viruses or from downloading via the infected files service or containing viruses or other properties that may affect your equipment. If for any reason of error of access to the Online Store Mariana Guimarães is impossible to provide service, Mariana Guimarães 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 Mariana Guimarães declines any responsibility resulting from the misuse or fraudulent use of the information obtained.
3.4 Mariana Guimarães shall not be liable for any loss or damage caused by abusive uses of the Service that are not directly attributable to it as fraud or gross negligence.
3.5 Mariana Guimarães is not liable for any loss or damage resulting from a breach or defective performance of the Service when it is not directly or indirectly attributable to it by way of intent or gross negligence, and is not responsible for, inter alia, (i) errors, omissions or other inaccuracies information made available through the Service; (ii) damages caused by User’s or third party’s fault, including breaches of intellectual property, (iii) breach or defective compliance resulting from compliance with judicial decisions or administrative authorities, or (iv) failure or failure to comply situations of extraordinary or unforeseeable nature, outside Mariana Guimarães and which can not be controlled by the same, such as fires, power cuts, explosions, wars, riots, civil unrest, decisions governmental organizations, strikes, earthquakes, floods or other natural disasters or other situations not controllable by Mariana Guimarães that prevent or impair the fulfillment of the obligations assumed.
3.6. Mariana Guimarães does not guarantee that:
i) the Service is supplied uninterrupted, is safe, without errors or operates infinitely;
ii) 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;
iii) any material obtained in any way through the use of the Service is used at the risk and risk of the User, who is solely responsible for any damage caused to his system and computer equipment or any loss of data resulting from such operation.
iv) no advice or information, either 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 Mariana Guimarães 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:
i) the use or impossibility of using the Service;
ii) the difficulty of obtaining any substitute of goods / services;
(iii) unauthorized access or modification to personal databases.
- Consumer Obligations
4.1. The user undertakes to:
i) Provide correct personal data and addresses;
ii) Do not use false identities;
iii) Respect the limits of orders imposed.
4.2. If any of the data is incorrect or insufficient, and therefore there is a delay or impossibility in the processing of the order, or any non-delivery, the responsibility is the User, and Mariana Guimarães declines any responsibility. In the event that the consumer breaches any of these obligations, Mariana Guimarães reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Mariana Guimarães to the same User; and also do not allow the future access of the User to any or any services provided by Mariana Guimarães.
4.3. The use of products and services purchased for commercial purposes, especially for the purpose of reselling goods, is expressly prohibited.
- Privacy and Protection of Personal Data
5.1. Mariana guimarães 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 for the provision of the Service by Mariana Guimarães. The omission or inaccuracy of the data provided by the User is of its sole and entire responsibility and may give rise to the refusal to provide the Service by Mariana Guimarães.
5.3. The personal data of the User will be processed and stored in a computerized manner and are intended to be used by Mariana Guimarães in the scope of the contractual and / or commercial relation with the User and, in case of authorization by the User, for the marketing of INDICATE CASE CASE E IN ACCORDANCE WITH THE OBJECTIVE OF THE COMPANY IN CONCRETE
5.4. In accordance with the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update his / her personal data, directly or on 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: Mariana Guimarães.
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 Mariana Guimarães can not be held liable for such access and / or use.
6.Cancellation of orders
6.1 At the request of the User
The User may cancel your order by requesting it to Mariana Guimarães through the telephone number or email indicating the order number, which will be accepted as long as it has not yet been processed. After its processing, Mariana Guimarães will try to deliver the same, but the User has the option of not accepting it.
For the purpose of cancellation the User must indicate the following data to Mariana Guimarães:
a) Order number
b) Address or e-mail with which you placed the order6.2 By decision of Mariana Guimarães
Mariana Guimarães reserves the right not to process orders, when it verifies some inconsistency in the presented personal data or observes misconduct on the part of the buyer. Mariana Guimarães reserves the right not to process any order or reimbursement, in case of errors in the values and / or characteristics of the products, when these result from technical problems or errors not related to Mariana Guimarães.
7.Return (Right of Resolution)
7.1. The User, in case of being a consumer, may exercise the right of withdrawal without any compensation being demanded, within 14 (fourteen) days from the day on which the consumer acquires the physical possession of the property.
In order to exercise this right, the User may use the draft indicated below, and must indicate all of his identification data, the subscribed service that he wishes to resolve and the date of subscription. The communication shall be made, by letter, through the return of the acquired property, or by another suitable and provable means within the period defined above.
The consumer must, within 14 (fourteen) days from the date of the communication of the resolution, return the goods to Mariana Guimarães under proper conditions of use.
Draft for free resolution form (you must only complete and return this form if you want to terminate the contract)
– To [insert here the name, geographical address and, where appropriate, the fax number and the email address of the professional]:
(*) I hereby resolve / resolve (*) my / our (*) contract of sale for the following goods / for the following service (*) – Requested in (*) / 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). (*) Delete where not applicable.
The packaging must be returned complete, as it has been delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document proving receipt of the product. The packaging and the indicated documents should be sent free of charge to the following address:
Mariana Guimarães
If so, please indicate by e-mail
If the User opts for other forms of return, the respective shipping costs will be your responsibility.
7.2. After receiving the return in Mariana Guimarães will be returned to the User the value 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, ie the refund will only be for the amount actually paid.
7.3. The refund method for the returned amount depends on the payment method used in your order. In the case of payments with credit card and PayPal, these are credited to their 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. Reimbursement is made up to 14 days after receipt of the wish for free resolution and receipt of return of the property.
7.4. In the absence of any of the components of the item sold, or if any of them are not in an excellent state of repair, there shall be no refund of the price or shipping costs and the product will be returned to the original shipping address.
8.Manufacturing defect
8.1. In case of a “manufacturing defect”, that is, when faults are detected in equipment that does not, in principle, fall within the scope of the guarantee, the User must return the equipment together with a copy of the invoice and the form “Order of Equipment Change / Return “completed, within a maximum period of 30 consecutive days from the date of invoice, to the following address:
Mariana Guimarães
If so, please indicate by e-mail
If the User opts for other forms of return, the respective shipping costs will be your 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 constituent components in an excellent state of repair.
8.3. In the absence of any of the elements mentioned above, or in case any of the components are not in excellent condition, there will be no exchange, and the product will be returned to the User again.
9. Intellectual Property
9.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Mariana Guimarães.
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. You acknowledge that any content appearing in the advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, so any use of such content may only occur under the express authorization of the respective owners.
9.4. The User undertakes to respect in full the rights referred to in the previous number, 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 content or any other unauthorized acts that have as their object the same contents.
10. Service Security Terms
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 legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and shall also observe the rules of use of the Service, otherwise Mariana Guimarães may suspend or deactivate the Service in accordance with paragraph 14.
10.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and as such, subject to computer overload, so that Mariana Guimarães does not guarantee the provision of the Service without interruptions, loss of information or delays.
10.3. Mariana Guimarães 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, external to Mariana Guimarães and which can not be controlled by Mariana Guimarães).
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, Mariana Guimarães undertakes to regularize its operation as soon as possible.
11.Suspension and deactivation of the Shop Service
11.1. Regardless of any prior or subsequent communication, Mariana Guimarães 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. Mariana Guimarães also reserves the right to suspend or immediately cease access to the Service in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Mariana Guimarães ceases access to the Lodge, by prior notice 15 days prior to the date of termination.
11.3. The suspension or termination of the Service by Mariana Guimarães, under the terms of the previous numbers, does not matter the right of the User or third parties to any compensation or other compensation, and Mariana Guimarães can not be held liable or in any way burdened for any consequence resulting from suspension, cancellation, cancellation of the Service.
11.4. In the situations described above, Mariana Guimarães will communicate to the User, in advance so that the User can, in order to safeguard the contents of their area of view of orders within three (3) business days from the sending of the e-mail or information on the Service homepage.
12.Communications
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 e-mail address (“e-mail”) 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 or through the option “Do not receive the Newsletter” entered in each Newsletter.
13. Complaints
13.1. The User may submit any contractual conflicts, arbitration and mediation mechanisms that are or may be legally constituted, as well as claim from Mariana Guimarães acts and omissions that violate the legal provisions applicable to the acquisition of assets.
13.2. The complaint must be filed within a maximum period of thirty (30) days, counted from the knowledge of the facts by the User, being recorded in the information systems of Mariana Guimarães that should decide the complaint and notify the interested party within a maximum period of thirty ) days from the date of your receipt.
14.Applicable law
The Contract is governed by Portuguese law.