1. Scope and Purpose of the General Conditions of the Store
These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Gerações da Talha Online Store Service by Gerações da Talha, Lda, with headquartered at Rua 1º Maio, 1 – Vila de Frades 7960-432 under the unique registration and identification number of legal person nº 515502120, with a share capital of € 5,000.00, hereinafter referred to as “Gerações da Talha, Lda”.
The service consists of providing, through the address geracoesdatalha.com/en/shop/, access to the Online Store which, in addition to providing information on a set of products and/or services, allows the user, electronically, to order the products disclosed therein, under the terms and conditions described herein.
The order of products must be made by users aged 18 (eighteen) years or over (individuals under the age of 18 must-have authorization from their representatives). The elements and information transmitted by the user will enjoy full legal effect, the user recognizing electronic purchases, and the user cannot claim the lack of signature for non-compliance with the obligations assumed.
2. Product Information and Contents
Gerações da Talha, Lda will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 9).
Gerações da Talha, Lda will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by Gerações da Talha, Lda, such as human errors or incidents 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 placing the order, you will be notified by email or by phone. At that moment, you will be presented with the possibility of canceling the order with the respective 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 Gerações da Talha, Lda.
3.1 All products and services sold on the Gerações da Talha Online Store are in accordance with Portuguese Law.
3.2 The Store has adequate levels of security, however Gerações da Talha, Lda 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 from factors outside its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by the modems, by the connection software, computer viruses or resulting from the download through infected files or containing viruses or other properties that may affect the user’s equipment. If for any reason, there is an error in accessing the Gerações da Talha Online Store website, it is impossible to provide a service, Gerações da Talha, Lda will not be responsible for any damages.
3.3 The data and information queries carried out within the scope of this service are assumed to be carried out by the user, and Gerações da Talha, Lda declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Gerações da Talha, Lda will not be responsible for any loss or damage caused by abusive use of the service that is not directly attributable to it as willful or gross negligence.
3.5 Gerações da Talha, Lda is not responsible for losses or damages resulting from non-compliance or defective performance of the service when this is not directly or indirectly attributable to it as intent or gross negligence, not being responsible for (i) errors, omissions or other inaccuracies regarding information made available through the service; (ii) damages caused by the fault of the user or third parties, including violations of intellectual property, (iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance resulting from of the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, external to Gerações da Talha, Lda and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections , governmental decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Gerações da Talha, Lda that prevent or impair the fulfillment of the obligations assumed.
3.6 Gerações da Talha, Lda does not guarantee that:
i) the service is provided uninterrupted, secure, error-free, or infinitely functional;
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 user’s own risk, and the user is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from this operation.
iv) no advice or information, whether 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 Gerações da Talha, Lda cannot in any way be held responsible for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the user about the possibility of such damages occurring), resulting from:
i) the use or inability to use the service;
ii) the difficulty of obtaining any substitute for goods/services;
iii) from unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1 The user undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the order limits 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 lies with the user, and Gerações da Talha, Lda declines any responsibility. In the event that the consumer violates any of these obligations, Gerações da Talha, Lda reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Gerações da Talha, Lda to the same user; and, also, prohibit the user’s future access to any services provided by Gerações da Talha, Lda.
4.3 It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.
5. Order cancellation
5.1 By the user’s request
The user may cancel his order by requesting it to Gerações da Talha, Lda through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After its processing, Gerações da Talha, Lda will attempt to deliver it, but the user has the option of not accepting it.
For the purpose of cancellation, the user must provide the following data to Gerações da Talha, Lda:
a) Order number
b) NIF with which you placed the order and delivery address
5.2 By decision of Gerações da Talha, Lda
Gerações da Talha, Lda reserves the right not to process orders when there is any inconsistency in the personal data presented or when there is misconduct on the part of the buyer. Gerações da Talha, Lda reserves the right not to process any order or refund, in the event of errors in the values and/or characteristics of the products, when these arise from technical problems or errors unrelated to Gerações da Talha, Ltd.
6. Return Policy
6.1 The user, in the case of being a consumer, may exercise the right of withdrawal without requiring any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.
To exercise this right, the user may use the draft indicated below, indicating all his identification data, the subscribed service he intends to resolve and the subscription date. The communication must be made, by letter, through the return of the purchased good, or by other suitable means and susceptible of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to Gerações da Talha, Lda under the proper conditions of use.
Draft for free termination form (you should only complete and return this form if you want to terminate the contract)
– To [insert name, geographical address and, where appropriate, the professional’s fax number and e-mail address]:
– I hereby communicate that I want to terminate my purchase and sale agreement relating to the following good/for the provision of 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 what does not matter.
The packaging must be returned complete, as it was 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 documents indicated must be sent free of charge to the following address:
Gerações da Talha, Lda
Rua 1º de Maio, nº1
Vila de Frades – 7960-432
If the user chooses other forms of return, the respective shipping costs will be their responsibility.
6.2 Upon receipt of the return at Gerações da Talha, Lda, the amount corresponding to the amount paid for the order (sales invoice value) will be returned to the user. If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
6.3 The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of credit card payments, these are credited to the respective 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. The refund is made up to 14 days after receipt of the return request and the receipt of the return of the good.
6.4 In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the original shipping address.
7. Manufacturing defect
7.1 In the event of a “manufacturing defect”, that is, when defects are detected in the product that, in principle, do not fall within the scope of the respective warranty, the user must return the product, together with a copy of the invoice and the form “Order Exchange/Return Product” filled in, within a maximum period of 30 consecutive days from the invoice date, to the following address:
Gerações da Talha, Lda
Rua 1º de Maio, nº1
Vila de Frades – 7960-432
If the user chooses other forms of return, the respective shipping costs will be their responsibility.
7.2 In order for the product to be exchanged, you must ensure that the packaging is complete and in excellent condition.
7.3 In the absence of any of the aforementioned conditions, there will be no exchange, and the product will be sent back to the user.
8. Quality assurance
All products available in the Store are duly certified by the competent authorities.
9. Intellectual property
9.1 The Store is a registered website and the service provided by the website itself is the responsibility of Gerações da Talha, Lda.
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 The user acknowledges that any content appearing in advertising, featured, 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 these contents may only occur under the express authorization of the respective owners.
9.4 The user undertakes to fully respect the rights referred to in the previous number, namely refraining from performing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making these contents available to the public or any other unauthorized acts that have the same contents as their object.
10. Service Security Conditions
10.1 The user undertakes to observe all applicable legal provisions, namely, not to practice or to encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation. applicable to the processing of personal data, and must also observe the rules for using the service, under penalty of Gerações da Talha, Lda suspending or deactivating the service under the terms set out in point 11.
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 overloads, so Gerações da Talha, Lda does not guarantee the provision of the service without interruptions, loss of information or delays.
10.3 Gerações da Talha, Lda also does not guarantee the provision of the service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to Gerações da Talha, Lda and which cannot be controlled).
10.4 In case of interruption in the provision of the service due to unpredictable overload of the systems on which it is supported, Gerações da Talha, Lda undertakes to regularize its operation as soon as possible.
11. Suspension and deactivation of the Store Service
11.1 Regardless of any prior or subsequent communication, Gerações da Talha, Lda may, at any time, and at its sole discretion, discontinue providing the service and or part of the service to one or all users.
11.2 Gerações da Talha, Lda also reserves the right to suspend or immediately terminate access to the service, in the following cases:
a) When the user does not respect the conditions of use mentioned in point 4 and others mentioned in the General Conditions;
b) When Gerações da Talha, Lda ceases access to the Store, upon prior notice 15 days in advance of the date of termination.
11.3 The suspension or termination of the service by Gerações da Talha, Lda, 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 Gerações da Talha, Lda cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension or cancellation of the service.
11.4 In the situations described above, Gerações da Talha, Lda will notify the user in advance so that he can, if he wishes, safeguard the content of his order viewing area within 3 (three) business days from the sending of the e-mail or making the information available on the main page of the service.
12.1 Without prejudice to other forms of communication provided for 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 and all communication and/or notification related to the Online Store, to the address, contact telephone number and/or email address indicated in the ordering process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the option “Do not receive the Newsletter” registered in each Newsletter.
13. Technical Settings
Without prejudice to the provisions of the following number, Gerações da Talha, Lda may change the service and/or the technical conditions for its provision, as well as the respective rules of use, and must disclose such changes to the user at least 15 days in advance.
14. Network Communications
14.1 Whenever Gerações da Talha, Lda deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
14.2 Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the service and the technological developments to which it may be subject, Gerações da Talha, Lda may change the technical configurations of the service whenever this proves to be convenient to adapt it to possible technological developments.
14.3 Gerações da Talha, Lda does not, however, guarantee the user to carry out any upgrades or improvements to the service.
15.1 The user may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as to complain to Gerações da Talha, Lda of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
15.2 The complaint must be submitted within a maximum period of 30 days, counted from the knowledge of the facts by the user, being registered in the information systems of Gerações da Talha, Lda, which must decide the complaint and notify the interested party within a maximum period of 30 days from the date of receipt.
16. Applicable Law
The Contract is governed by Portuguese law.