In accordance with Decree-Law No. 24/2014, of 14 February, 2014, the present document sets out the conditions for the use of the Duupla.com website (the Website” or “Site”), as well as in the process of buying products placed at the disposal of its users.
These conditions are agreed between the Company Janela de Verao Lda., registered in the CRC Lisboa], with Vat number 514440732 and any user who wishes to make a purchase through the Website, Duupla.com.
ARTICLE 1: ORDER
1. The user can make his order on the website Duupla.com.
3. When making his order, the user expresses its full and complete acceptance of the general sales conditions, prices and description of products included in this transaction.
4. All orders are subject to acceptance of Janela de Verao Lda., from which the user will be informed by e-mail.
ARTICLE 2: PRODUCT AVAILABILITY
1. All orders for products are subject to availability.
2. If products are out of stock or for any reason any order placed by a Customer for products cannot be fulfilled by the Company you will be informed by Janela de Verao Lda.
3. If products are not available pursuant to this Article, Janela de Verao Lda. will refund the user to the amounts that have been paid, in accordance with the provisions laid down in art. 19 of the above cited Decree.
4. Janela de Verao Lda. reserves the right to remove any product from its page www.duupla.com, at any time and to delete from this page or modify any material or content.
5. Janela de Verao Lda. shall not be liable for the lack of availability of the product in accordance with 1 and 3 of this Article.
ARTICLE 3: INABILITY TO COMPLETE A DELIVERY
Janela de Verao Lda. assumes no responsibility refusal to complete an order in exceptional circumstances, even after confirmation of that order, with the sole obligation to communicate to the Customer the impossibility of completing the order and return payments made.
ARTICLE 4: DELIVERY
1. Subject to the provisions of Article 2, the order will normally be shipped within 3 working days after payment confirmation.
2. Shipping timeframes are subject to change, especially in the event of exceptional or unforeseen circumstances, and depending on the area to effect delivery.
3. Janela de Verao Lda. shall only ship the order after full payment for the product has been made including shipping costs.
ARTICLE 5: DELIVERY COSTS
1. Please refer to our Shipping Policy for costs and terms
ARTICLE 6: INABILITY TO DELIVER
1. Deliveries are made according to couriers or postal authorities, and the Customer should indicate the address for the reception of the order. In case of impossibility of the customer to be on the site for delivery, the courrier of postal authority will contact the Customer.
ARTICLE 7: PRICE AND PAYMENT
1. In accordance with the standards and regulations in force, prices established on the Website of Janela de Verao Lda., shall be considered in euros, with taxes included.
2. Prices shall take account of VAT applicable at the date of the invoice.
3. In accordance with the provisions of chapter I, title V, of the Directive 2006/112/EC of 28 November 2006 on the common system of VAT, the place of supply is deemed to be the Member State in which it has the address where the products shall be delivered and the VAT rate applicable shall be that of the Member State of the place of supply, according to the orders made. According to the standards and regulations applicable in each jurisdiction, the reverse charge system (article 194 of Directive 2006/112/EC) applies to products supplied in some Member States of the European Union, should the consumer be or should be a subject VAT liability. In this case, do not wrap the VAT, subject to confirmation by the recipient of products that the VAT due will be paid by the client, in accordance with the reverse charge system
4. Prices and specifications are subject to change without notice.
5. Where any local, state or other sales taxes may be due for international sales, Customer is solely responsible for any remittance for payments of such taxes to local, state, or country specific taxes.
6. Janela de Verao Lda. declines all responsibility for errors eventually published on the web page.
ARTICLE 8: TRANSFER OF RISKS
1. All risks related to the product shall be fully assumed by Customer from the moment of delivery.
ARTICLE 9: RIGHT OF WITHDRAWAL OF PURCHASE AND REFUND
1. According to applicable regulations in articles 10th to 17th of Decree-Law No. 24/2014 of the 14th February, the Customer has a right of withdrawal from the contract, without reason, within 14 days from the date of delivery of the order, only ordered items will be refunded.
2. Shipping and return costs are the responsibility of the Customer.
3. The client may exercise the right of withdrawal in any form permitted by law. This right will be recognized by sending advanced information on withdrawal.
4. This provision shall not affect the other rights of the Customer recognized by the legislation in force.
5. The return costs are the sole responsibility of the Customer. Janela de Verao Lda. reserves the right to refuse any return or to invoice all costs related to this return.
6. The right of withdrawal from the Contract by the Customer in accordance with the provisions of paragraph 1 of this article shall apply only to products returned in the same condition as they were
received, in particular in its original packaging.
7. Upon receipt, returned prodcuts will be examined by Janela de Verao Lda. to determine, at its sole discretion, whether these conditions have been met.
8. No refund will be made if the product has been used beyond opening the respective package or if it has suffered any kind of damage.
9. The return will be processed in a reasonable timeframe.
10. Responsibility for damage suffered by products or loss during their return, are the sole responsibility of the Customer
ARTICLE 10: RETURN OF DEFECTIVE PRODUCTS
1. If the Customer believes the product is not in conformity with the contract at the time of delivery, he should contact immediately the Company Janela de Verao Lda.
2. Once the product has been returned by Customer and if Janela de Verao Lda. determines that an error was made by it, it will replace the product within a reasonable time.
4. The replacement of the product returned in accordance with this clause will be subject to availability
5. In the case of unavailability, the amount paid for the product, will be refunded in its entirety as well as the shipping costs if incurred.
6. This clause does not affect your statutory rights.
ARTICLE 11: EXCHANGES
The products purchased through the site www.duupla.com, cannot be exchanged.
ARTICLE 12: EVENTS OUTSIDE OUR CONTROL
Janela de Verao Lda. will not be liable or responsible for any failure to perform or delay in
• obligations under the Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without imitation) the following:
• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or another natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.
• Any shipping, postal or other relevant transport strikes, failure or accidents.
Our performance under any contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.
ARTICLE 13: LIABILITY
1.Janela de Verao Lda. does not guarantee or shall be deemed responsible for any inconvenience or damage inherent to the use of the internet network, the disruption of service, outside intrusion or the presence of computer viruses, or any other case of force majeure.
2. Products sold are described and presented on the site www.duupla.com with as such detail as possible.
3. If, despite all the precautions, errors occur on the site www.duupla.com, Janela de Verao Lda. shall not be liable for these facts.
4. You agree to indemnify, defend and hold harmless Janela de Verão, Lda. and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys!”fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party
5. The provisions of this clause will not affect the Customer’s statutory rights to withdraw from the contract.
ARTICLE 14: MINOR
Janela de Verao Lda. does not sell products to minors. Customers using the Website and ordering products represent that they are no minors.
ARTICLE 15: PROCESSING OF PERSONAL DATA AND NEWSLETTER
ARTICLE 16: VIRUSES, HACKING, AND OTHER COMPUTER ATTACKS
Janela de Verao Lda. declines all responsibility for any damage or loss resulting from a refusal of service, virus or any other program, technologically harmful or harmful material that may affect the Customer’s computer, hardware, email or data due to the use of the site, or download of content
for which he is redirected.
ARTICLE 17: INTELLECTUAL PROPERTY
1. All elements of the site www.duupla.com, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents.
ARTICLE 18: PRIVACY AND PERSONAL DATA PROTECTION POLICY
The Customer has the right of access, rectification, modification or elimination of its personal data, just send an email to Janela de Verão Lda.
ARTICLE 19: ENTIRE AGREEMENT
1.The present general conditions of sales constitute the entire agreement between the parties.
2.In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be
severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 20: RIGHT TO UNILATERAL CHANGE OF CONDITIONS
1. These conditions may be subject to change at any time.
2. The Customer is subject to the policies and conditions in effect at the time of the use of the site www.duupla.com, or upon confirmation of his order, except when by law or decisions of government agencies, changes are made with a retroactive character to these policies, terms or privacy terms.
ARTICLE 21: DURATION
1. The present conditions shall apply during the duration of the services offered by the Company Janela de Verao Lda.
ARTICLE 22: RAL – DISPUTE RESOLUTION
In accordance with the law nº144/2015 of 8th September, we inform all consumers residents in Portugal in case of dispute due to our provision of goods and services they will have access to an alternative of consumer disputes, below listed entity:
• Centro de Informação de Consumo e Arbitragem do Porto
• Centro de Arbitragem de Conflitos de Consumo de Lisboa
• Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
• Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
• Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
• Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de consumo)
* Viana do Castelo
• Centro de Arbitragem de Conflitos de Consumo da Madeira
ARTICLE 23: LAW AND JURISDICTION
1. Portuguese law shall be applicable to all sales.
2. If our Customer is resident outside continental Portugal, any judicial procedures must be submitted to the Portuguese courts
3. For the resolution of any controversy there is the possibility of resorting to an entity of arbitration.
4. In accordance with the provisions of regulation 524/2013, the European Union has created a web site to help consumers to lodge complaints on any conflict in which they are involved. In this context, Janela de Verão, Lda. offers all the information so that he can exercise his right of claim with a formal and impartial entity to the process, which will help to solve the dispute in question. So if the consumer was not satisfied with the acquisition of a good or service on our web site, or with the solution, we presented to resolve the situation, he can access the official site https://webgate.ec.europa.eu/eproposalWeb/ and expose his disagreement.
A. SOURCE AND TYPE OF PERSONAL DATA COLLECTED
Personal Data is considered all information that can identify you as an individual, such as name, address, e-mail, telephone number, tax number or credit card information.
Personal Data can be collected through the following actions:
Register process on our website when you create your account;
Transaction information when you make a purchase on our website;
Records of correspondence exchanged with the user in the event that you contact us;
Use, views, and technical data, including your device ID or IP address when you visit our website or open e-mails that we send;
Searches made on our website;
Completing forms on our website;
B. PURPOSE OF YOUR PERSONAL DATA
The Personal Data we collect on our website is meant to:
Provide information regarding products and services to our clients;
Handle information requests by our Customers;
Optimize our products and services;
Detect, investigate, and stop any activities that could be illegal or in violation of our policies.
Your data will not be transmitted to others or used to a different end than the one you gave your consent to.
In the event that you don’t wish to provide your data you will be unable to acquire our products or access information regarding certain services, and content related to the Company.
C. PRIVACY AND PROTECTION OF PERSONAL DATA
Janela de Verao Lda. follows rigorous compliance of the standards related to the handling of personal data, according with applicable laws. At any moment and free of cost you can exercise your right to ask Arestas e Planetas, Lda. for information on any personal data collected.