Terms and Conditions of Online GHUTS Shop
1. Scope and Object of the General Conditions of the Store
These General Conditions are intended, along with the order form, and other items referred to in them, to regulate the terms and conditions for that will govern the provision of the Online Store Service GHUTS, with headquarters in Estrada da Azambujeira nº 38, Cruz de Oliveira – 2475-025 Benedita, under the single registration and identification number of corporate entity PT501293795 with share capital of € 149.639,38. The service consists in providing, through the www.ghuts.pt address access to the Online Shop that in addition to providing information relating to a set of products and / or services, allows the user to, electronically, order the products disclosed therein, under the terms and conditions herein. Ordering products through the Service should be made by individuals aged 18 (Eighteen) years or over (younger individuals must have consent of their representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User's electronic purchases, and cannot claim the lack of signature for non-compliance with the obligations assumed.
2. Product Information and Contents
GHUTS will endeavor to ensure that the information presented is free of typographical errors and they will be promptly corrected whenever they occur. GHUTS will do its best to ship all of the ordered products, but it is possible that in certain cases and due to causes not easily controllable by GHUTS, such as human errors or incidents in the computer systems, it may not be possible to make available some or 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 email or by phone. At this point you will be presented with the possibility of canceling the order with the respective refund, if you have already made payment. All information on price, products, specifications, promotional actions and services can be changed at any time by GHUTS.
All products and services sold in the Online Store GHUTS are in accordance with Portuguese law.
3.2 The store has the adequate levels of security, but GHUTS 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 from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, the modems, the link software or any computer viruses, or from downloading through infected files services containing viruses or other property that may affect the User equipment. If for any reason of error of access to the GHUTS Online Store website, it is impossible to provide a service, GHUTS will not be liable for any damages.
3.3 Data and information queries made within the scope of this Service are presumed to be made by the User, and GHUTS declines any responsibility arising from the misuse or fraudulent use of the information obtained.
3.4 GHUTS 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 GHUTS shall not be liable for any loss or damage arising from the failure to perform or defective performance of the Service, when it is not directly or indirectly attributable to it as a intention to prejudice 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) damage caused by fault of the User or third parties, including violations of intellectual property; (iii) by default or defective performance resulting from compliance with court decisions or administrative authorities or (iv) for non-fulfillment or defective performance that results from the occurrence of situations of an extraordinary or unforeseeable nature, outside GHUTS and that can not be controlled by the same, such as fires, power cuts, explosions, wars, riots , civil uprisings, government decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by GHUTS that prevent or impair the fulfillment of the obligations assumed.
3.6 GHUTS does not guarantee that:
I) The Service is provided in an uninterrupted manner, is safe, 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 the same;
III) Any material obtained in any way through the use of the Service 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 that results from that operation;
IV) Any advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty that is not expressed in these General Conditions.
3.7. User agrees that GHUTS 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 substitution of goods / services;
III) Access or unauthorized modification to personal databases.
4. Consumer Obligations
4.1 User agrees to:
I) Provide correct personal data and addresses;
II) Not using fake 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 processing the order, or any non-delivery, is the Users responsibility, and GHUTS declines any liability. In the event that the consumer breaches any of these obligations, GHUTS reserves the right to eliminate future purchases, block any access to the store, cancel the provision of any other services offered simultaneously by GHUTS to the same User; And, furthermore, of not allowing the future access of the User to any kind of services provided by GHUTS.
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 GHUTS guarantees the confidentiality of all data provided by Users.
5.2 The personal data identified in the order form as being of mandatory supply are indispensable to the provision of the Service by GHUTS. The omission or inaccuracy of the data provided by the User is under its sole responsibility and may give rise to the refusal to provide the Service by GHUTS.
5.3 Under applicable law, it is guaranteed to the User, without additional charges, the right of accessing, correct and update their personal data, directly or upon written request.
5.4 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. GHUTS cannot 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 an order by requesting it to GHUTS through the telephone number or email, indicating the order number, which will be accepted as long as it has not yet been processed. After processing, GHUTS will try 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 GHUTS:
a) Order number;
b) Tax number with which you placed the order and delivery address.
6.2 By GHUTS decision
GHUTS reserves the right not to process orders when it finds any inconsistency in the personal data presented or when it observes misconduct on the part of the buyer. GHUTS 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 arise from technical problems or errors not related to GHUTS.
7. Return (Right of Resolution)
7.1 The User, in case of being a consumer, can exercise the right of withdrawal without any compensation being demanded, within three (3) business days of 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 products purchased that he intends to return and the date of purchase. 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 5 (five) business days from the date of the communication of the resolution, return the goods to GHUTS under proper conditions of use. 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 the reception of the product. The packaging and the indicated documents should be sent to the following address, and the respective shipping costs will be of the User`s responsibility:
GHUTS – Vicente & Costa, Lda. Estrada da Azambujeira, nº 38 Cruz de Oliveira – 2475-025 Benedita
7.2 After receiving the product returned in GHUTS headquarters, the value corresponding to the amount paid for the order (value of the sales invoice) will be returned to the User. In case it has been used a promotional discount code, this amount will not be refunded, this meaning that the refund will only be for the amount actually paid.
7.3 The refunding of the amount to be returned will be made by bank transfer to the IBAN (International Bank Account Number), which the User indicates. The refund is made up to 5 business days after receiving the returned product (s).
7.4 In the absence of any of the components of the item sold, or if any of them are not in an excellent condition, there shall be no reimbursement of the price or shipping costs, and the product shall be returned to the original shipping address.
8 Manufacturing defect
8.1 In case of a "manufacturing defect", that is to say, when malfunctions are detected in products that, in principle, do not fall within the range of their guarantee, the User must return the product (s) together with a copy of the Invoice and the "Request for Exchange / Return of the Products (s)" form completed (you can order by email to GHUTS), within a maximum of five (5) business days from the date of reception of the same (s), to the following address:
GHUTS – Vicente & Costa, Lda. Estrada da Azambujeira, nº 38 Cruz de Oliveira – 2475-025 Benedita. The respective shipping costs will be at the User`s responsibility.
8.2 In the absence of any of the elements mentioned above, or if any of the components aren’t in excellent condition, there will be no exchange, and the product will be returned to the User again.
9.1 All products sold in the store have a warranty period defined by the manufacturer, which in legal terms is at least 2 (two) years. This period is considered from the date of invoice of the product and can only be exercised upon presentation of the warranty certificate and / or proof of purchase (invoice) duly completed.
9.2 Products that have exceeded the period defined by the manufacturer or are defective due to abnormal wear, neglect or accidents, poor handling, moisture / liquid infiltration, use of non-original accessories and technical interventions by unauthorized personnel are considered outside the warranty conditions.
9.3 Products covered by warranty conditions, which break down, must be sent with the corresponding proof of purchase and / or warranty, to the following address:
GHUTS – Vicente & Costa, Lda. Estrada da Azambujeira, nº 38 Cruz de Oliveira – 2475-025 Benedita. The respective shipping costs will be at the User`s responsibility.
10. Intellectual property
10.1 The Store is a registered site and the Service provided by the site itself is of GHUTS responsibility.
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 The User acknowledges that any content appearing in the advertising, highlight, promotion or mention of any sponsor or advertiser is protected by copyright and related laws, industrial property laws and other property protection laws, so any use of such contents may only occur under the expressed 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 practicing any acts that may violate the law or such rights, such as reproduction, marketing, transmission or putting to the public's disposal such contents or any other unauthorized acts that have as their object these same contents.
11 Service Security Conditions
11.1 The User commits himself to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or offending good habits, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the applicable legislation of personal data processing and to the advertising communications services through automatic calling devices, and he shall also observe the rules of use of the Service, otherwise GHUTS will suspend or deactivate the Service in accordance with the provisions of point 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, therefore, subject to computer overload, and consequently GHUTS does not guarantee the provision of the Service without interruption, loss of information or delays.
11.3 GHUTS cannot also guarantee the provision of the Service in situations of unpredictable overload of the systems in which it is supported (situations of an extraordinary or unforeseeable nature, outside GHUTS and that can’t be controlled by GHUTS).
11.4 In the event of interruption of the Service due to unpredictable overload of the systems in which it is supported, GHUTS commits itself to regularize its operation as soon as possible.
12 Suspension and deactivation of the Shop Service
12.1 Regardless of any prior or subsequent communication, GHUTS may, at any time and at its sole discretion, discontinue the provision of the Service and / or part of the Service to any or all Users.
12.2 GHUTS also reserves the right to suspend or immediately cease access to the Service in the following cases:
a) When the User does not comply the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When GHUTS ceases access to the Shop by giving prior notice with an advance of 15 days from the date of termination.
12.3 The suspension or termination of the Service by GHUTS under the terms of the previous numbers does not entitle the User or third parties to any compensation or other restitution, and GHUTS cannot be held liable or otherwise encumbered by any consequence of the suspension, annulment or cancellation of the Service.
13.1 Without prejudice to other forms of communication set forth in these General Conditions, notifications made to the User related to the Service, including any changes to these General Conditions, can be made to the User's email address, by SMS or telephone contact.
13.2 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 indicated in the ordering process. At any time, he may request not to receive these communications and / or notifications through the Contact Form or through the option "Do not receive Newsletter" entered in each Newsletter.
14 Technical Settings
14.1 Notwithstanding the provisions of the following paragraph, GHUTS may change the Service and / or the technical conditions for its provision, as well as the respective rules of use, and shall disclose such changes to the User at least fifteen (15) days in advance.
14.2 The current version of these General Conditions are available at www.ghuts.pt
15.1 Whenever GHUTS decides it’s necessary or desirable to optimize the browsing experience and / or improve 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 subjected, GHUTS may change its technical configurations whenever this proves convenient, to adapt it to any technological developments.
15.3 GHUTS does not, however, guarantees the User to perform any upgrades or improvements to the Service.
15.4 Some upgrades or new functionalities of the Service may be available only against payment by the User and / or subscription of Specific Conditions of use by him.
16 Applicable law
The Contract is governed by Portuguese law.