Store Terms and Conditions www.casabrava.pt
1. Scope and Purpose of the General Conditions of the Store
These General Conditions are intended, with the order form, and the other elements referred to in them, to regulate the terms and conditions governing the provision of Loja Online Service www.casabrava.pt by CASA BRAVA - MARCO PINTO com headquartered in PORTUGAL - Loulé (8100-229) Sitio da Pedragosa Caixa 615Z under the single registration and legal entity identification nº282191178 hereinafter referred to as "CASA BRAVA".
The Service consists of the provision, through the address www.casabrava.pt, of 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 described herein.
The ordering of products must be made by Users aged 18 or over (eighteen) years (individuals under the age must have authorization from 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
CASA BRAVA will do everything possible so that the information presented does not contain typographical errors, and will be corrected quickly whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to proceed to the resolution of the purchase agreement in accordance with applicable legal terms (right of free resolution - see paragraph 9).
CASA BRAVA will do all possible to send all the products ordered, but it is possible that in certain cases and due to causes difficult to control by CASA BRAVA, as human errors or incidences in computer systems, it is not possible to make available 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 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 CASA BRAVA.
3.1 All the products and services commercialized in the Online Shop www.casabrava.pt are in accordance with the Portuguese Law.
3.2 The Lodge has adequate security levels, however CASA BRAVA will 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, 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 arising from the 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 of access to the Online Store www.casabrava.pt there is impossibility of providing services, CASA BRAVA will not be liable 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, with CASA BRAVA any liability arising from the misuse or fraudulent use of the information obtained.
3.4 The CASA BRAVA shall not be liable for any loss or damage caused by abusive uses of the Service that are not directly attributable to it as an intent or gross negligence.
3.5 CASA BRAVA shall not be liable for any loss or damage resulting from failure to perform or defective performance of the Service when it is not directly or indirectly attributable to it as a felony or gross negligence, and shall not be liable in particular for
(i) errors, omissions or other inaccuracies regarding the information made available through the Service;
(ii) damages caused by the User or third parties, including infringements of intellectual property,
(iii) for non-compliance or defective compliance resulting from compliance with judicial decisions or administrative or administrative
(iv) for non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of extraordinary or unforeseeable nature, outside CASA BRAVA and that can not be controlled, such as fires, power outages, explosions, wars, riots, civil uprisings, government decisions, strikes, earthquakes, floods or other natural disasters or other situations not controlled by CASA BRAVA that prevent or impair the fulfillment of the obligations assumed.
3.6. CASA BRAVA does not guarantee that:
i) the Service is provided in an uninterrupted manner, 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 CASA BRAVA 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 it has been previously advised by the User of 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.
4. 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 for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility is the User, and CASA BRAVA declines all responsibility. In case the consumer violates any of these obligations, CASA BRAVA reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services offered simultaneously by CASA BRAVA to the same User; and, further, not allow the future access of the User to any or any services provided by CASA BRAVA
4.3. The use of products and services purchased for commercial purposes, especially for the purpose of reselling goods, is expressly prohibited.
5. Privacy and Protection of Personal Data
5.1. CASA BRAVA guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being mandatory supply are indispensable to the provision of the Service by CASA BRAVA. 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 CASA BRAVA.
5.3. The personal data of the User will be processed and stored computerized and are destined to be used by CASA BRAVA in 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 IN CASE AND 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: CASA BRAVA.
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 CASA BRAVA can not be 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 CASA BRAVA 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 processing, CASA BRAVA will attempt 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 CASA BRAVA:
a) Order number
b) NIF with which you placed the order and delivery address
6.2 By decision of CASA BRAVA
CASA BRAVA reserves the right not to process orders, when it verifies some inconsistency in the presented personal data or to observe misconduct on the part of the buyer. CASA BRAVA reserves the right not to process any order or refund, in case of errors in the values and / or characteristics of the products, when these result from technical problems or mistakes other than CASA BRAVA.
7.Devolution (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 CASA BRAVA 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:
Sitio da Pedragosa Caixa 615Z
If the User opts for other forms of return, the respective shipping costs will be your responsibility.
7.2. After receipt of the return at CASA BRAVA 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:
Sitio da Pedragosa Caixa 615Z
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 website itself is the responsibility of CASA BRAVA.
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 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 legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and also to observe the rules of use of the Service, otherwise CASA BRAVA suspend or deactivate the Service in accordance with point 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, and CASA BRAVA does not guarantee the provision of the Service without interruptions, loss of information or delays.
10.3. CASA BRAVA 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 CASA BRAVA and which 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, CASA BRAVA undertakes to regularize its operation as soon as possible.
11. Suspension and deactivation of Shop Service
11.1. Irrespective of any prior or subsequent communication, CASA BRAVA 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. CASA BRAVA 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 CASA BRAVA cease access to the Lodge by giving prior notice 15 days prior to the date of termination.
11.3. The suspension or termination of the Service by CASA BRAVA, under the terms of the previous numbers, no matter the right of the User or third parties to any compensation or other compensation, CASA BRAVA be liable or otherwise encumbered by any consequence resulting from the suspension, cancellation or cancellation of the Service.
11.4. In the situations described above, CASA BRAVA will communicate to the User, in advance so that it can, wanting to safeguard the contents of its area of view of orders within 3 (three) business days from the sending of the email or making the information available on the main page of the Service.
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. Technical Settings
13.1. Without prejudice to the provisions of the following number, CASA BRAVA may change the Service and / or the technical conditions of its provision, as well as the respective rules of use, and shall disclose to the User such changes with a minimum advance of fifteen (15) days.
13.2. The current version of these General Conditions and their annexes are available at www.casabrava.com.
14.1. Whenever CASA BRAVA understands that it is necessary or desirable to optimize the browsing experience and / or improve the connectivity conditions, it can remotely reshape the network settings.
14.2. Without prejudice to the provisions of the following paragraphs, and considering the innovative character of the Service and the technological developments to which it may be subject, CASA BRAVA will be able to change the technical configurations of the same whenever this proves convenient to adapt it to any technological developments.
14.3. CASA BRAVA UNIP. LDA does not, however, guarantee the User to perform any upgrades or improvements to the Service.
14.4. Some upgrades or new features of the Service may be available only against payment by the User and / or subscription, for the same, of Specific Conditions of use.
15.1. The User may submit any contractual conflicts, arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to CASA BRAVA UNIP. LDA of acts and omissions that violate the legal provisions applicable to the acquisition of assets.
15.2. The complaint must be submitted within a maximum of thirty (30) days, counted from the knowledge of the facts by the User, being recorded in the information systems of CASA BRAVA which shall decide the complaint and notify the interested party within a maximum period of thirty (30) days, from the date of its receipt.
16. Governing Law
The Contract is governed by Portuguese law.