Online Store Terms and Conditions 3+ arte
1. Scope and Object of the General Conditions of the Store
These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online 3+ Arte Service by 3+ Arte, Cooperativa Artística e Cultural, CRL, headquartered at Largo Joaquim Magalhães, 12 4400-187 Vila Nova de Gaia - Portugal, under tax identification number PT510 613 705, hereinafter referred to as "3+ arte".
The Service consists of providing access to the Online Store through the address www.3maisarte.com, 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 (eighteen) years or older (individuals under this age must have authorization from their legal representatives). The information transmitted by the User will take full legal effect with 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
3+ arte will do everything possible so that the information presented does not contain typographical errors, and those 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 cancel the purchase contract under the applicable legal terms (right of free resolution - see point 9).
3+ arte 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 3+ arte, such as human errors or incidents in computer systems, it will be not possible to provide any of the products ordered by the User. If any product is not available after placing the order, you will be notified, by email or by phone. At that time, you will have the possibility to cancel the order with the respective refund, if you have already made the respective payment.
All the information on price, products, specifications, promotional actions and services can be changed at any time by 3+ arte.
3.1 All products and services sold in the Online Store 3+ arte are in accordance with Portuguese Law.
3.2 The Store has adequate security levels, however 3+ arte will not be responsible for any losses suffered by the User and / or by third parties, due to delays, interruptions, errors and suspensions of communications that are originated from circumstances beyond their control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer systems, modems, connection software or any computer viruses resulting from downloading (“download”) through the infected files service or containing viruses or other properties that may affect the User's equipment. If for any reason, errors accessing the online website of Loja Online 3+ arte makes impossible to provide the service, 3+ arte will not be responsible for any losses.
3.3 The data and information queries made within the scope of this Service are presumed to be carried out by the User, declining 3+ art any responsability from the abusive or fraudulent use of the information obtained.
3.4 3+ arte will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to you as a fraud or serious fault.
3.5 3+ arte is not responsible for the damages resulting from the non-fulfillment or defective fulfillment of the Service when this is not directly or indirectly attributable by way of intent or serious fault, not being responsible in particular for (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective compliance that results the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside the 3+ arte and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, decisions governmental strikes, earthquakes, floods or other natural cataclysms or other situations not controlled by 3+ arte that prevent or hinder the fulfillment of the assumed obligations.
3.6. 3+ arte does not guarantee that:
i) the Service is provided uninterruptedly, safe, without errors or works in an infinite way;
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 through the use of the Service is used at the User's own risk, 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 the User from or through the Service will not create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that 3+ arte cannot in any way be held responsible for any damage, including, but not limited, damage due to loss of profits, data, content, or any other losses (even if previously notified by the User about the possibility of the occurrence of such damages), resulting from:
i) the use or impossibility of using the Service;
ii) the difficulty of obtaining any substitute for goods / services;
iii) unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
i) Provide correct personal data and addresses;
ii) Do not use false identities;
iii) Respect the order limits imposed.
4.2. If any of the data is incorrect or is insufficient, and for that reason there is a delay or impossibility of processing the order, or eventual non-delivery, the responsibility lies with the User, and 3+ arte declines any responsibility. In the case that the consumer breaches any of these obligations, 3+ arte reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available by 3+ arte simultaneously to the same User; and, still, not allow the future access of the User to any services provided by 3+ arte.
4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of reselling goods.
5. Privacy and Protection of Personal Data
5.1. 3+ arte guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as mandatory, are indispensable for the provision of the Service by 3+ arte. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service by 3+ arte.
5.3. The User's personal data will be processed and stored by computer and are intended to be used by 3+ arte within the range of the contractual and / or commercial relationship with the User and / or the dissemination of services or products of 3+ arte.
5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update personal data, directly or upon written request, as well as the right to oppose their use for purposes set out in the previous number, and for this purpose, contact the entity responsible for the processing of personal data: 3+ arte.
5.5. The Internet is an open network, so the User's personal data, other personal information and all the 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 for the effect, and 3+ arte cannot be held responsible for such access and / or use.
6. Order cancellation
6.1 Requested by the User
The User can cancel his order by requesting 3+ arte, through the phone number or e-mail of 3+ arte, referring to the order number. It will be accepted as long as it has not yet been processed. After processing, 3+ arte 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 the 3+ arte
a) Order number
b) “Tax Identification Number” with which User placed the order and delivery address
6.2 By decision of 3+ arte
3+ arte reserves the right to not process orders when it finds any inconsistency in the personal data presented or observes misconduct by the buyer. 3+ arte reserves the right not to process any order or refund, in case of errors in the values and / or characteristics of the products, when these result from technical problems or errors unrelated to 3+ arte.
7. Return (Right of withdrawal)
7.1. The User, in the case of being a consumer, can exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day the consumer acquires physical possession of the property.
If you wish to exchange or return the purchased item, you should contact 3+ arte within 14 days of receiving it, using the appropriate means (firstname.lastname@example.org; +351 223 758 255).
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 receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address:
3+ arte, Cooperativa Artística e Cultural, CRL
Largo Joaquim Magalhães, 12
4400-187 Vila Nova de Gaia
The exchange or return of goods to 3+ arte is accepted and carried out under the following conditions:
1. The acquired goods must be returned in the same condition as it was received, within 14 days of receipt. Return costs are held by the buyer;
2. The good must be sent in its original packaging, with the respective components. If the packaging is already unusable, User/Buyer will be responsible for the purchase of suitable material to repack the goods safely;
3. 3+ arte is not responsible for undelivered returns;
4. After receiving the product, 3+ arte will check its good condition.
If you receive a damaged part, you should contact 3+ arte through the appropriate means (email@example.com; +351 223 758 255).
Photograph the outer packaging, with details of the damage, and the damaged work, in order to send us the respective images.
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
7.2. After receiving the return on the 3+ arte headquarters, the User will be refunded the amount 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, that is, the refund will only be for the amount actually paid.
7.3. The method of refunding the amount to be returned items, depends on the payment method used in the respective order. In the case of payments by credit card and PayPal, these are credited to the respective accounts. In the remaining cases, when Bank Information is provided, the refund is made to the indicated bank account, by wire transfer. The reimbursement is made up to 14 days after receiving the desire for free resolution and the receipt of the return of the asset.
7.4. In the absence of any of the components of the item sold, or, if any not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.
8. Intellectual Property
8.1. The Store is a registered website and the Service provided by the website itself is responsibility of 3+ arte.
8.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
8.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser, is protected by laws relating to copyright and related rights, laws relating to industrial property and other property protection laws, therefore any use of such content may only occur under the express authorization of the respective owners.
8.4. The User undertakes to fully respect the rights referred in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission or placement publicly available such content or any other unauthorized acts which have the same content as their object.
9. Service Security Conditions
9.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or 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 advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of the 3+ arte suspending or deactivating the Service under the terms set out in point 12.
9.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads, so that 3+ arte does not guarantee the provision of the Service without interruptions, loss of information or delays.
9.3. 3+ arte 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, outside the 3+ arte and which cannot be controlled by it) .
9.4. In case of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is supported, 3+ arte undertakes to regularize its operation as soon as possible.
10. Suspension and deactivation of the Online Shop Service
10.1. Regardless of any prior or subsequent communication, 3+ arte may, at any time, and in its sole discretion, discontinue the provision of the Service and / or part of the Service to one or all Users.
10.2. 3+ arte also reserves the right to suspend or immediately terminate 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 3+ arte ceases to access the Store.
10.3. The suspension or termination of the Service by 3+ arte, under the terms of the previous numbers, does not gives the right of the User or third parties to any indemnity or other compensation, and 3+ arte cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension or cancellation of the Service.
10.4. In the situations described above, 3+ arte will communicate to the User, previously so that he can, if he wishes, to safeguard the contents of his order area within 3 (three) working days from the sending of the email. or making information available on the Service's main page.
11.1. Without prejudice to other forms of communication provided 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. .
11.2. The User agrees to receive any and all communication and / or notification related to the Online Store, to the address, contact phone number and or email address (“email”) 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.
12. Technical settings
12.1. Without prejudice to the provisions of the next number, 3+ arte may change the Service and / or the technical conditions for providing it, as well as the respective rules of use, and must disclose to the User such changes at least 15 (fifteen) in advance days.
12.2. The updated version of these “General Conditions “and its annexes is available on the website www.3maisarte.com.
13.1. Whenever 3+ arte finds that is necessary or convenient to optimize the browsing experience and / or improve connectivity conditions, it can remotely reformulate network settings.
13.2. Without prejudice to the provisions of the following numbers, and because of the innovative nature of the Service and the technological developments to which it may be subject, 3+ arte may change its technical configurations whenever it proves convenient to adapt it to technological developments.
13.3. However, 3+ arte does not guarantee the User that will make any upgrades or improvements in the Service.
13.4. Some upgrades or new features of the Service may be available only against payment by the User and / or subscription, by the same or with Specific Conditions of use.
14.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to the 3+ arte of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
14.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the information systems of 3+ arte that must decide the complaint and notify the interested party within a maximum period of 30 ( thirty) days from the date of receipt.
15. Applicable Law
The Contract is ruled by Portuguese law.