- General Conditions of the Store
These General Terms and 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 the Online Store Service (“Service” or “Shop”) by Viarco Indústria de Lápis, Lda, headquartered at Rua Jaime Afreixo, 533 3700-144 S. João da Madeira, under the single registration and identification number of company number 500 751 722, with the share capital of 100.000€, hereinafter referred to as “Viarco“.
The Service consists of the provision, through the website http://lojaonline.viarco.pt, 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 here.
The ordering of products must be made by users aged 18 or over (eighteen) years old (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.
- Product Information and Contents
Viarco will make every effort to ensure that the information presented is free of typographical errors and corrected promptly 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).
Viarco will make every effort to ship all ordered products, but it is possible that in certain cases and due to causes not easily controlled by Viarco, such as human errors or incidents in computer systems, some of the products can be unavailable. If a product is not available after the order, you will be notified by email or by phone. You will be presented with the possibility to cancel 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 Viarco.
3.1 All products and services sold in Tomelo Online Shop are in accordance with Portuguese Law.
3.2 The Store has adequate security levels, however, Viarco 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 its control, in particular, 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 virus or by downloading through the infected files service or containing viruses or other properties that may affect your equipment. If for any reason the online store is incapable of providing service, Viarco is not responsible.
3.3 The queries of data and information made within the scope of this Service are presumed to be made by the User, and Viarco declines any liability arising from the improper or fraudulent use of the information obtained.
3.4 Queries for data and information made within the scope of this Service are presumed to be made by the User, and Viarco declines any liability arising from the improper or fraudulent use of the information obtained.
3.5 Viarco shall not be liable for any loss or damage resulting from a breach or defective performance of the Service if it is not directly or indirectly attributable to it as a felony or negligence and is not liable in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by User’s or third party’s fault, including intellectual property infringements, (iii) defective compliance or failure to comply with judicial decisions or administrative authorities or (iv) failure or non-compliance with the occurrence of force situations, situations that are extraordinary or unpredictable outside Viarco and can not be controlled, such as fires, power outages, explosions, wars, riots, civil unrest, government decisions, strikes, earthquakes, floods or other natural disasters. or other situations not controlled by Viarco that prevent or impede the fulfillment of the obligations assumed.
3.6. Viarco does not guarantee that:
(i) – the Service is provided uninterrupted, is secure, error free, 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 expense of the User who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that operation;
(iv) – no advice or information, whether oral or written, obtained by User or through the Service shall create any warranty not expressed in these terms and conditions.
3.7. You accept that Viarco 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 of the possibility of the occurrence of such damages), resulting:
(i) – of the use or impossibility of using the Service;
(ii) – the difficulty of obtaining any substitute of goods / services;
(iii) – access or unauthorized modification to personal databases.
- Consumer Obligations
4.1. The user agrees 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 Viarco declines any responsibility. In the event that the consumer breaches any of these obligations, Viarco reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Viarco to the same User; and, further, do not allow the future access of the User to any or any services made available by Viarco.
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. Viarco 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 Viarco. 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 Viarco.
5.3. The personal data of the User will be processed and stored by the computer and are intended to be used by Viarco in the contractual and/or commercial relationship with the User and, in case of authorization by the User, to receive the information of promotional actions exclusively related to Viarco.
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 number, and for this purpose, contact the entity responsible for the processing of personal data: Viarco Indústria de Lápis, Lda.
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 on the network without security conditions, including the risk of being accessible and used by unauthorized third parties. Viarco shall not be liable for such access and/or use.
- Cancellation of orders
6.1 At the user’s request
The User may cancel the order by requesting it to Viarco through the telephone number or email indicating the order number, which will be accepted as long as it has not yet been processed. If the order was already processed, Viarco will try to deliver the package, but the User has the option of not accepting it.
For the purpose of cancellation the User must indicate the following data to Viarco:
- a) Order number
- b) Vat Number with which you placed the order and delivery address
6.2 Viarco’s decision
Viarco reserves the right not to process orders, when we verify some inconsistency in the presented personal data or observe misconduct on the part of the buyer. Viarco 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 mistakes other than Viarco.
If the order is not delivered to the customer, nor collected or it is refused, in accordance with the postal distributor’s policy, Viarco reserves the right to cancel the order, and the amount paid for it will be returned to the Customer, deducting the costs for shipping and returning of the order.
- 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 testable means within the above defined period.
The consumer must, within 14 (fourteen) days from the date of the communication of the resolution, return the goods to Tomelo 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: Viarco Indústria de Lápis, Lda., Rua Jaime Afreixo nº 533, 3700-144 S. João da Madeira, or via email: email@example.com
– I hereby inform you that I have resolved my/our purchase agreement for the following goods: (…) – 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).
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:
VIARCO INDÚSTRIA DE LÁPIS, LDA.
RUA JAIME AFREIXO Nº 533, 3700-144 S. JOÃO DA MADEIRA, PORTUGAL
If the User opts for other forms of return, the respective shipping costs will be your responsibility.
7.2. Upon receipt of the return on Viarco, the user will be returned the amount corresponding to the payment for the order (value of the sales tax). If you used a promotional discount code, this amount will not be refunded, meaning 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.
- 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:
VIARCO INDÚSTRIA DE LÁPIS, LDA.
RUA JAIME AFREIXO Nº 533, 3700-144 S. JOÃO DA MADEIRA, PORTUGAL
If you choose 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.
9.1. All products available at the Store are duly certified by the relevant international agencies and are not covered by the warranty.
- Intellectual property
10.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Viarco.
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. 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.
10.4. 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.
- Service Security Conditions
11.1. The User undertakes to comply with 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 of the law applicable to the processing of personal data and advertising communications by means of automatic calling devices, and shall also observe the rules of use of the Service, failing which Viarco suspends or deactivates the Service in accordance with paragraph 14.
11.2. 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 Viarco does not guarantee the provision of the Service without interruption, loss of information or delays.
11.3. Viarco 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 Viarco that can not be controlled by Viarco).
11.4. In the event of interruption of the provision of the Service for reasons of unpredictable overload of the systems in which it is supported, Viarco undertakes to regularize its operation as soon as possible.
- Store Service Suspension and Deactivation
12.1. Regardless of any prior or subsequent communication, Tomelo 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.
12.2. Viarco 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 Tomelo ceases access to the Lodge, prior notice 15 days prior to the date of termination.
12.3. Suspension or termination of the Service by Viarco under the terms of the preceding paragraphs does not affect the right of the User or third parties to any compensation or other compensation, and Viarco can not be held responsible or otherwise encumbered for any consequence resulting from the suspension, cancellation of the Service.
12.4. In the situations described above, Viarco will communicate to the User, in advance so that he may, wanting to safeguard the contents of his area of view of orders within 3 (three) business days from the sending of the e-mail or availability information on the Service homepage.
13.1. 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 or telephone contact.
13.2. O Utilizador aceita receber toda e qualquer comunicação e/ou notificação relacionada com a Loja Online, para a morada, telefone de contacto e ou endereço de correio eletrónico (“e-mail”) indicados no processo de encomenda.
Em qualquer momento, pode solicitar o não recebimento destas comunicações e/ou notificações através do Formulário de Contacto ou através da opção da opção “Não receber a Newsletter” inscrita em cada Newsletter.
- Configurações Técnicas
14.1. Sem prejuízo do disposto no número seguinte, a Viarco poderá alterar o Serviço e/ou as condições técnicas de prestação do mesmo, bem como as respetivas regras de utilização, devendo divulgar ao Utilizador tais alterações com uma antecedência mínima de 15 (quinze) dias.
14.2. A versão em cada momento em vigor das presentes Condições Gerais e dos seus anexos encontra-se disponível no sítio eletrónico https://lojaonline.viarco.pt
- Technology and Connectivity
15.1. Whenever Viarco deems it necessary or desirable to optimize the browsing experience and / or improve the connectivity conditions, it can remotely reshape the network settings.
15.2. Without prejudice to the provisions of the following paragraphs, and in view of the innovative nature of the Service and the technological developments to which it may be subject, Viarco may change the technical configurations of the Service whenever this proves convenient to adapt to any technological developments.
15.3. However, Viarco does not guarantee the User to make any upgrades or improvements to the Service.
15.4. 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.
16.1. The User may submit any contractual conflicts, arbitration and mediation mechanisms that are or may be legally constituted, as well as claim from Viarco acts and omissions that violate the legal provisions applicable to the acquisition of assets.
16.2. 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 Viarco that should decide the complaint and notify the interested party within a maximum period of thirty (30) days from the date of receipt.
- Lei Aplicável
The Contract is governed by the Portuguese law.