I - TERMS AND CONDITIONS OF USE AND OF SALE
- TIKETA LABELS Ldª, hereinafter referred to as “company”, is the legal owner of the domain “www.tiketa.pt” (hereinafter, “website”) which may not be associated with contents other than those on the webpage, accessible through that domain and provided by the company or those duly authorised by it.
- The website is designed to advertise and sell the goods and services provided on it by the company.
- All communications addressed to the company and sent in the scope of this agreement shall be made in writing and sent by registered post to this address: Rua de Monte Sameiros, n.º 33 – Armazém AC, 4405-574 Valadares, and/or via email: “firstname.lastname@example.org”.
- Without prejudice to the previous point, the company can be contacted on the phone number 224 944 668, available weekdays between 09.30 and 12.00 and 14.30 to 17.00.
- The company has no physical store so any request for a visit must be scheduled in advance using the contacts indicated on the no website.
(Object and Scope of Application)
- This agreement, written only in Portuguese, covers 2 chapters which are hereby entitled “I - Terms and Conditions of Use and of Sale” and “II – General Conditions of Sale”, and whose purpose is to determine the conditions which must be respected during the use of the website by its registered users and/or customers or future customers.
- The goods and/or services provided by the company associated with the registered brand “TIKETA” and normally referred to simply as “Tiketas”, have the purpose of creating personalised labels (namely using names) which serve purposes such as identifying and labelling items of clothing and other items that may be mentioned on the website.
- For the purposes of interpreting this agreement:
a) “Website Use” means any operation and/or transaction, commercial or otherwise, carried out on the website on the content accessible on it, and for a previously determined purpose, or not – namely, but not only, the purchase of any product and/or service available on the website, the download of videos, images or other content available on the website which may be protected by copyright or industrial property rights.
b) “Website User” is anyone who uses it with a view to obtaining, or not, the products and/or services provided on it by the company, under the terms established for the website use.
c) “Registered customer” is the “user of the website” after effective purchase of the product and/or service provided and once registration as such has been granted on the website; remaining in the position of “registered potential customer” when, despite being duly registered, no purchase has yet been made.
- The company reserves the right to change these Terms and Conditions of Use and of Sale and General Conditions of Sale without prior notice, with these changes published in the appropriate space on the website.
- If any clause in this agreement is declared void or is annulled due to a violation of any mandatory rule, by a Portuguese court or any other competent authority, if it cannot be interpreted in legal terms, it will be understood as an exclusion and an unwritten clause, with the lacuna being incorporated according to the law.
(Consent and Online Registration
- Proper use of the website assumes that the clauses in this agreement are expressly, irrefutably and unconditionally accepted by its user and customer or registered potential customer, who hereby declares that he/she understands the terms, namely, but not only, the processing of personal data provided during registration.
- In order to ensure that the user of the website and registered potential customer provides their consent as defined in the previous point freely and voluntarily, the company has created a tick box to validate the clauses of this agreement, without which no customer record may be disclosed.
- For the purposes of the point immediately above, and notwithstanding the option to be able to withdraw their consent under the best terms explained in due course in this agreement without any kind of disadvantage, apart from the tick box and accompanying click to validate the clauses in this agreement, when the user and customer or registered potential customer makes a purchase, it is enough to indicate their clear wish to enter into an agreement with the company in compliance with this agreement. They also hereby declare that they have understood this by reading the information that is accessible through the website.
- Without prejudice to the provisions in points 2 and 3 of this Clause, proper use depends on the user being over 16 and having a valid email address. If the user is under 16, prior authorisation must be received from their parents and/or legal representatives, without which proper use of the website cannot be guaranteed by the company, which accepts no responsibility for its use in these terms that are in express violation of the clauses of this agreement.
- For the purposes of “registration” under the terms of this agreement, the user agrees to provide some personal data, to which he/she will have access once registered. The user may alter and delete the data, using their own password, under the terms better explained in Clause 7 of this agreement (“Personal Data Processing”).
- The registration mentioned in the previous points of this Clause is intended to allow the proper implementation of the agreement, and without which the company is not bound to this agreement, with the parties hereby recognising the importance of this condition. If the user provides incorrect data, this amounts to lack of registration.
- When the user registers on the website, she/he qualifies as a registered potential customer, in as much as it is through registration that the customer can purchase the goods and/or services provided by the company.
- During the purchase process, registration may still not have taken place, which does not prevent the customer from continuing the purchase process and using the “shopping cart” already created, registering at the time the order is completed.
- Once registered, the customer may also access their order in their reserved area, for the purposes of overseeing the order.
- Registration also allows the customer to apply for any special offers and other promotions or deals, whose terms will be communicated in due course, and presented by the company, when the company sees fit and at its convenience, with this agreement being part of its content.
- The website user may consult it free of charge provided that they fully comply with this agreement, though this does not imply, namely, having to register as a customer and entering into a contract with the company./li>
- After registration, which assumes prior acceptance of the clauses in this agreement, the user may, namely and without the other options mentioned or not in this agreement, but available on the website, order the goods and/or services provided by the company, choose the methods of payment available to pay for the order, choose from among the options for shipping the order, the shipping methods, access their shopping history and consult the status of their order./li>
- After the user or registered potential customer has indicated that they wish to order a good and/or service provided by the company, namely by registering and selecting the electronic option “buy”, they shall receive email notification of the receipt of their order sent to the address provided when they registered./li>
- At no time shall the notification or receipt of the order by the company amount to the entering into/conclusion of an agreement, which is only considered as such when the company has received confirmation of payment of the order./li>
- For the purposes of the point immediately above, the “notification” will be sent indicating the order number - which must be used by the customer in any communication with the company concerning it - and with all the personal information provided by the customer at the time of registration - which the customer should check for accuracy and request any correction if necessary, otherwise the company cannot be held responsible for any damages resulting from uncorrected errors./li>
- When the order is made and before making the payment, the customer must check all the registration elements and respective invoice data as well as the contents that they are asked to print, correcting any errors, especially, but not exclusively, the customer shall have the option to change the quantity of products they wish to purchase, adding or deleting one or more products to their order), otherwise the company cannot be held responsible for any damages arising from these uncorrected errors./li>
- The company shall reject any order which suggests it may have been made in bad faith, in total disrespect of this agreement, in violation of the legal provisions in force, or on other grounds it considers legitimate, if detected, and at the time this is verified./li>
(Responsibility and Complaints)
- Without prejudice to the possible responsibility of the producer, the company does not guarantee, nor shall it be responsible for damage of any kind resulting from the use of the products and/or services provided by it on the website in violation of the provisions in this agreement, as well as others resulting from the violation of the expectations of profits, of business, or similar, or from litigation that arises with possible third parties that enter into an agreement with the customer.
- The position assumed herein by the company does not invalidate the company from recognising, reinforcing and advising the user and potential customer, as to the care that must be taken in handling and using the products and/or services provided by it, which at no time will amount to a guarantee or personal accountability, with the customer hereby declaring to be competent and diligent for and in their use, assuming all risks.
- The company shall not be responsible for non-compliance with any obligation assumed in this agreement if it is proven that this was due to causes beyond its control and which, according to the criterion of reasonableness, could not be expected or even taken into consideration when the agreement was entered into, nor can it be required to prevent it or resolve it, or to prevent or resolve its consequences. The company shall communicate these occurrences to the registered customer, in good time and to the extent possible using its best efforts.
- This limitation of responsibility is essential to the conclusion of the sale, a condition that the user and potential customer hereby declares to recognise.
- The provisions in this Clause do not invalidate any non-compliance which, by law or through the agreement, implies and justifies and, therefore, gives the other party the right to terminate the agreement, under the general terms of law, without prejudice to the corresponding legal compensation.
- As permitted by law and through this agreement, the user agrees to exonerate the company of any complaints, losses, responsibilities, costs, damages and expenses, resulting from the use of the products and/or services agreed, namely in violation of this agreement, of the law or of third-party rights.
- Any acts or omission that the user and/or registered customer considers violations of this agreement must be communicated to the company within 15 days of their becoming aware of the fact, by means of electronic mail to the address ”email@example.com” or by phone to the number +351 224 944 668.
- Once the complaint communicated by the user and/or customer has been received under the terms in the point immediately above, the company undertakes to analyse it and to issue a statement in response, within 30 days, which shall be extended should the company find it necessary.
- Both the webpage and the domain “www.tiketa.pt” through which it can be accessed, are the property of the company, and at no time may they be used without its authorisation, other than that which allows the website user and potential customer to implement this agreement successfully.
- The company also owns all the components that may be considered “work” for the purposes of the legislation applicable to the protection of copyright, namely but not solely, all texts, graphics, photographs, music, videos and the organisation of the webpage itself.
- Any patent, brand, logotype, designation of origin, or other distinctive sign used by the company on its website and which, consequently, is part of its content, are the property of the company with regard to industrial property rights.
- Without prejudice to its use in accordance with the legal limits of use, such as for purposes of solely personal and private use, the use of intellectual property rights mentioned in this Clause by the website users or by customers or registered potential customers must be limited to the successful implementation of this agreement.
- The provisions in this Clause do not affect the existence of intellectual property rights that are not owned by the company, namely but not only, those whose object is the goods and services that are available on the website but which, for that reason, are not its responsibility. o
- The content provided on the website is, in fact, protected under the legislation applicable to Intellectual Property Rights and any use, act of reproduction or mention, total or partial of it, are expressly prohibited and legally punishable when carried out without the prior authorisation of the company or its legal owner.
- The company is not responsible for any use made of the website content in violation of the provisions in this Clause or other protection granted under the current legislation and applicable to the matter of Intellectual Property Rights.
(Personal Data Processing)
- The company undertakes to gather and use the personal data of users and/or customers or registered potential customers that are legal persons, which is provided when they sign up, in compliance with the legislation in force in the European Union concerning Personal Data Protection, namely, giving them total and free access to the data that directly concerns them, and which they may request, at any time, to rectify or delete, without prejudice to the same data being automatically eliminated at the time at which the company considers it has served its purpose and which shall be defined according to the criterion of the nature and implementation of the agreement.
- The user and/or customer or registered potential customer may, in addition to requesting access, rectification or definitive or temporary deletion of the data provided, request portability of the data. For this purpose, they have the right to receive the personal data that directly concerns them in a structured, current and easy-to-read format, as well as the right to transmit this same data.
- The company guarantees the security, transparency, integrity, loyalty and confidentiality of the personal data or data of any other nature provided by its users, customers or potential customers, when they register, place an order and/or pay through the website. This data and information is destined for use by the company in the successful implementation of this agreement and in the exercise of its commercial activity, namely, but not only, for processing orders and invoicing.
- Without prejudice to the points immediately above this Clause, the user hereby recognises and authorises the company to assign their data in full respect of the purpose for which it was collected and the period during which it will be processed, to any other entity likely to be responsible for personal data processing and whose identity and contacts will be communicated to the user in this case.
- In pursuance of points 3 and 4 of this Clause, the company uses online invoicing software ("Moloni") through the user licences purchased from MOLONI LDA. - corporate number 513 321 527, with registered office at Av. José Malhoa, n.º 2 - Tardoz, Edifício Malhoa Plaza, escritório 1.5, 1070 - 325 Lisbon, owner of the domain “https://www.moloni.pt” and the central database where the personal data gathered for the purposes of invoicing shall be stored -, which shall be jointly responsible with the company under the fair terms of the agreement of sale of licence of use.
- For the purposes of the interpretation of this agreement, the company undertakes to request and gather only the personal data suitable and pertinent to the successful implementation of the agreement, limiting the processing to the contractual purpose, as well as to the advertising of promotional offers from the company to be sent to the electronic address and/or to the phone contact provided and registered.
- The consent hereby given by the website user to receive promotional offers via email or phone can easily be withdrawn by clicking the hyperlink provided at the end of each electronic mail sent in this context or through a message sent from the contact number registered under the terms that will be communicated to the registered customer.
- The user must ensure the veracity, accuracy, correction and update of there personal data, and the creation of false identities is not allowed; they must also ensure the confidentiality of their access data, so as to prevent undue use by third parties.
- Any information that is provided to the company may only be used for the purposes of its own or third-party commercial promotion if this is expressly authorised by the user and/or customer or registered potential customer, with the option to withdraw consent at any time by means of express and explicit communication to the company to do so.
- 10. The personal data provided shall not be disclosed under the terms of this agreement, unless the user and/or customer or registered potential customer is informed, together with the information concerning the addressees of this disclosed data.
- Any violation of this Clause by the company may be reported to the national supervisory authority responsible for this purpose, namely the CNPD (National Data Protection Commission), without prejudice to the possibility that the data owners may resort to legal action in protection of their rights in this matter
(Security no Site and Cookies Policy)
- In fulfilment of the provisions in points 1 and 3 of Clause 7 (“Personal Data Processing”), the company undertakes to adopt all the security mechanisms available to it, namely, to cooperate with the supervisory authority(-ies) responsible in these matters, to create and/or adopt record systems to check and identify the risks for data owners, as well as likely solutions of an internal organisational nature, as well as so many others, capable of meeting current European legislation concerning Personal Data Protection.
- The user is solely and entirely responsible for ensuring that the electronic device through which they access the website is suitably protected against malware.
- The website uses “Cookies” which are small text files that are stored in the electronic device - such as the computer or mobile phone - through the internet browser, useful for keeping information on its users’ website visits - such as preferences, pages visited - over several sessions,with a view to good use of the website, such as for merely statistical purposes or even to connect the user profile with possible products and/or services of interest provided by the company or third parties.
- The security and privacy definitions associated with the cookies mentioned in the point above are normally pre-programmed, but can be configured through the internet browser, namely they can be deactivated, though these restriction options may imply access restrictions to the website.
- The information gathered by the cookies may be used by the company, its subcontractors or partners.
- The user and/customer or registered potential customer of the website declares to understand and agree with this cookies policy, indicated in advance through a pop-up window, which appears on the Internet browser when the website is used and which requires action from the user in order to close.
(Law and Jurisdiction)
- It is agreed that any litigation that may arise from the interpretation and execution of this agreement shall be settled by the District Court of Porto, with express waiver of any other.
- This agreement is made and submitted according to Portuguese law, as well as the European and international legislation that binds the parties.
- Without prejudice to the provisions in the previous points in this Clause, the registered customer considered a consumer under the current legislation and applicable to consumer contracts defined as such under the regulatory law of Consumer Rights, has at their disposal Means of Alternative Resolution of Litigation which can be consulted on the webpage of the National Centre of Information and Arbitration of Consumer Conflicts: “http://www.arbitragemdeconsumo.org/resolucaoconflitosconsumo.php”, or on the webpage of the Consumer Portal: “https://www.consumidor.gov.pt/”.
a) In Porto the responsible entity is the Centre of Consumer Information and Arbitration of Porto, whose contacts are:
Postal address: Rua Damião de Góis, n.º 31 – Loja 6, 4050-225 Porto
Telephone: 225 508 349
II - GENERAL CONDITIONS OF SALE
(Products and/or Services)
- The products and/or services provided by the company under the terms and for the purposes of this agreement, namely under point 2 of Clause 2 (“Object and Scope of Application”) associated with the brand “TIKETA” and normally referred to as “Tiketas” - are featured on the website, and are presented and described according to their original characteristics and provided by the respective entity responsible and/or producer.
- For the purposes of the point immediately above, the visual representation of the products, when available, has a merely indicative value and normally corresponds to their photographic image or to their digital design, with the aim of presenting them for sale; there is no guarantee or commitment on the part of the company regarding the exact likeness of the image represented on the website and the physical reality of the product - especially after it has been printed and with regard to the real dimensions and/or other colour aspects of the products and/or the respective packaging, which may differ. Whenever there is a discrepancy between the image and the product file, the description of the product file always takes precedence, since it is created according to the information provided by the respective entity responsible and/or producer.
- For the purposes of the provisions in this Clause, upon buying a product and/or service from the company, the registered customer declares that they take responsibility for the damages that may result from undue, careless or negligent use, without prejudice to any responsibility of the producer.
- Since the company cannot avoid interruptions in the availability of the products and/or services that the website aims to allow customers to buy, namely those motivated by situations beyond its control, in cases in which it cannot guarantee the delivery of the product purchased within 30 days of entering into the agreement, it shall inform and reimburse the customer for the amount they have spent in respect to the method of payment used.
- Without prejudice to the provisions in Clause 11 (“Legal warranty”), any function and/or result that the publicity of the products and/or services may suggest to the registered potential customer, must not be seen as anything more than a mere suggestion, such as avoiding situations where children mix up clothes at nursery school, and at no time does the company intend to be bound to a result or guarantee of this nature.
- With the sale of the products and/or services provided by the company, the customer has access to a guarantee of compliance, suitability and quality, in fair legal terms, and which it may exercise with the company or directly with the producer of the products and/or service sold.
- Lack of compliance must be alleged within a maximum of 2 years from delivery of the good, and 2 months from awareness of the fact, by means of written communication addressed to the company, indicating the order number, to its electronic mail address, or by means of registered post with recorded delivery, together with a request to repair or replace the products, a suitable reduction in the price, or termination of the agreement.
- For the purposes of this Clause, “lack of compliance” means the existence of defects or flaws in the sold item, which make it incompatible with its presentation in the terms of this agreement, or, which do not allow its everyday and/or normal use and which can reasonably be expected.
- Situations of defects and/or flaws which arise from poor installation of the product or from undue or negligent handling and in violation of this agreement are not covered by the legal warranty, nor does it cover situations that seem to show some non-conformity regarding a function and/or result that the publicity of the products and/or services might suggest to the registered potential customer but which must be seen as being a mere suggestion under the terms of this agreement.
- This Clause is applicable to the cases in which the customer is considered a consumer under the current legislation applicable to consumer agreements defined as such under the law that regulates Consumer Rights.
- If the customer is a trader, in as much as they enter into an agreement with the company with the aim of obtaining its products and/or services for commercial purposes, the period mentioned in point 2 of this Clause is reduced to 6 months from the delivery of the item.
(Price of the Products and/or Services)
- The sale price of the products and/or services provided is the price indicated in the purchase process in euros, and which is presented with and without the indication of the amount of VAT at the current rate.
- The company reserves the right to alter, rectify and/or update prices without the need to inform the user and/or customer in advance.
- If in the scope of the option that is granted to the company under the terms of the point immediately above, the price for which the customer bought the product and/or service is higher than the final updated/altered/rectified price, it will refund the customer.