- 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 Tomelo Online Store Service (“Service” or “Shop”) by Tomelo, Eco Desenvolvimento, Lda, headquartered at Rua da Igreja no. 46, 5225-011 Atenor, under the single registration and identification number of company number 597 877 500, with the share capital of 25,000 €, hereinafter referred to as “Tomelo “.
The Service consists of the provision, through the website www.tomelo.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.
- Product Information and Contents
Tomelo 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).
Tomelo 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 Tomelo, such as human errors or incidences in the 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 on price, products, specifications, promotional actions and services may be changed at any time by Tomelo.
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, Tomelo will not be responsible 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, modems, 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 site of the Tomelo Online Store it is impossible to provide service, Tomelo will not be responsible for any damages.
3.3 Inquiries of data and information made within the scope of this Service are presumed to be made by the User, with Tomelo declining any responsibility arising from the misuse or fraudulent use of the information obtained.
3.4 Tomelo 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 Tomelo shall not be 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 shall not be liable in particular for (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 performance resulting from compliance with judicial decisions or administrative authorities, or (iv) failure or failure to comply the occurrence of situations of force majeure, that is, situations of extraordinary or unforeseeable nature, external to Tomelo and that can not be controlled, such as fires, power outages, explosions, wars, riots, civil unrest, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by Tomelo that prevent or impair the performance of the obligations assumed.
3.6. Tomelo 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 expectation of the User in relation thereto;
(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 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 Tomelo 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 about the possibility of the occurrence 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 Tomelo declines any responsibility. In the event that the consumer breaches any of these obligations, Tomelo reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Tomelo to the same User; and, further, do not allow the future access of the User to any or any services made available by Tomelo.
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. Tomelo 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 Tomelo. 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 Tomelo.
5.3. The personal data of the User will be processed and stored by computer and are intended to be used by Tomelo 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 to tomelo
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: Tomelo, Eco Desenvolvimento, 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 in the network without security conditions, including the risk of being accessible and used by unauthorized third parties. the effect, and Tomelo can not be held liable for such access and / or use.
- Cancellation of orders
6.1 A pedido do Utilizador
The User may cancel your order by requesting it to Tomelo 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, Tomelo 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 Tomelo:
- a) Order number
- b) Vat Number with which you placed the order and delivery address
6.2 By Tomelo’s decision
Tomelo 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. Tomelo 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 Tomelo.
- 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: Tomelo, Eco Desenvolvimento, Lda., Rua da Igreja nº 46, 5225-011 Atenor, ou através do email: firstname.lastname@example.org
– 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:
TOMELO, ECO DESENVOLVIMENTO, LDA.
RUA DA IGREJA Nº 46, 5225-011 ATENOR, PORTUGAL
If the User opts for other forms of return, the respective shipping costs will be your responsibility.
7.2. After receipt of the return in Tomelo 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.
- 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:
TOMELO, ECO DESENVOLVIMENTO, LDA.
RUA DA IGREJA Nº 46, 5225-011 ATENOR, 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 Tomelo.
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 em> ) 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 Tomelo 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 Tomelo does not guarantee the provision of the Service without interruption, loss of information or delays
11.3. Tomelo 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 Tomelo that can not be controlled by Tomelo).
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, Tomelo 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. Tomelo 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; li>
- 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 Tomelo 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 Tomelo 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, Tomelo 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, 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 (“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.
- Technical Settings
14.1. Without prejudice to the provisions of the following paragraph, Tomelo 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 and their annexes is available at www.tomelo.pt
- Technology and Connectivity
15.1. Whenever Tomelo 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, Tomelo may change the technical configurations of the Service whenever this proves convenient to adapt to any technological developments.
15.3. However, Tomelo 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 Tomelo 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 Tomelo that should decide the complaint and notify the interested party within a maximum period of thirty (30) days from the date of receipt.
- Applicable law
The Contract is governed by Portuguese law.