TERMS OF SERVICE

PREAMBLE

In accordance with Law No. 47/2014 of July 28, this document establishes the conditions to be observed in the use of the Domsoeiro.com website, as well as in the process of purchasing products made available to its users.

Please read the conditions and privacy policy carefully before using the site, as by using it or placing an order, the customer is consenting to be bound by the aforementioned conditions.

If the user does not agree with all the conditions and the privacy policy, they should not use the Domsoeiro.com website.

These conditions may be subject to future changes. Therefore, it is your responsibility to periodically review them, as the conditions in effect at the time of using the website or entering into a contract (as defined below) will apply.

These conditions are agreed upon between the company Open Vision, Lda, located at Rua Dom Soeiro de Brito, Lt4 4805-681 Guimarães – Portugal, with a share capital of €53,001.00, registered at CRC Guimarães, with VAT number PT505607956, and any User wishing to make a purchase through the website domsoeiro.com.

ARTICLE 1: ORDER

The user can place an order online on the Domsoeiro.com website.
To place an order, the user must fill in all mandatory fields, providing their personal data, always keeping in mind our privacy policy to ensure the treatment of this information.
By placing an order, the user expresses their full and complete acceptance of the general terms of sale, prices, and the description of the products included in that transaction.
All orders are subject to acceptance by Open Vision, Lda, and the user will be informed by email.

ARTICLE 2: PRODUCT AVAILABILITY

All orders for products are subject to their availability.
The absence of the ordered products in stock or any other reason preventing the supply of the ordered products will be notified by Open Vision, Lda.

In the event described in the previous number, Open Vision, Lda, will refund the user for any amounts paid, as provided in Article 19 of the aforementioned law.
Open Vision, Lda reserves the right to withdraw any product from the Domsoeiro.com website at any time and to delete or modify any material or content on it.
Open Vision, Lda is not responsible, to the user or third party, for removing any product from the website Domsoeiro.com or for the unavailability of the product as stated in clauses 1 and 3 of this article.

ARTICLE 3: IMPOSSIBILITY OF PLACING AN ORDER

Open Vision, Lda assumes no responsibility for the refusal to conclude an order due to exceptional circumstances, even after confirmation, having only the obligation to inform the user/customer of the impossibility of completing the order and to refund any payments made.

ARTICLE 4: DELIVERY

Without prejudice to the provisions of Article 2 regarding product availability, the order will be shipped within 10 working days after payment confirmation. The deadline mentioned in the previous number may be freely changed by Open Vision, Lda, especially in the occurrence of exceptional, unforeseen circumstances, and depending on the delivery area.

Open Vision, Lda only ships the order after the payment of the total price of the ordered products and the respective shipping costs.

ARTICLE 5: DELIVERY COSTS

Delivery of orders to Open Vision, Lda’s premises is free of charge.

The user/customer will bear the delivery costs of orders to their home, depending on the amount of the ordered product(s) and the following areas:
a) Delivery in mainland Portugal of products amounting to €149.00 or less – additional cost of €4.99.

b) Delivery in mainland Portugal of products amounting to more than €149.00 – no additional cost.
c) Delivery in Germany, Austria, Belgium, Denmark, mainland Spain, mainland France, Ireland, Italy, Luxembourg, Netherlands, United Kingdom, of products amounting to €300.00 or less – additional cost of €10.90.

d) Delivery in Germany, Austria, Belgium, Denmark, mainland Spain, mainland France, Ireland, Italy, Luxembourg, Netherlands, United Kingdom, of products amounting to more than €300.00 – no additional cost.
The costs identified in the second number of this clause may be changed by Open Vision, Lda, without prior notice.

ARTICLE 6: IMPOSSIBILITY OF DELIVERY

Deliveries are made from Monday to Friday, and the user/customer must provide the address where they want to receive the order.
In case the user is not present at the delivery address, they must provide an alternative address or contact Open Vision, Lda.
If, after two attempts, the delivery of the order cannot be made, the contract will be terminated without the right to a refund of the amounts paid as the price and shipping costs.

ARTICLE 7: PRICE AND PAYMENT

In accordance with current regulations, the prices on the Domsoeiro.com website are in euros, including taxes.
The displayed prices include the Value Added Tax (VAT) applicable on the invoice date.

According to the Directive 2006/112/EC of the Council, the place of supply is considered to be the Member State where the products are to be delivered, and the applicable VAT rate will be the one in force in the Member State of the place of supply, according to the orders placed.

Prices and specifications are subject to change without notice.
Open Vision, Lda, disclaims any responsibility for any errors published on the website.
In processing your order, any price errors due to technical anomalies will be detected.
The user/customer will be contacted to accept or cancel the order if the actual price of the ordered product is higher than the one on the website.
If the actual price of the ordered product is lower than the one displayed on the website, the difference will be refunded.

The user can use the following payment methods: a) Credit Card (VISA and MASTERCARD)
b) PayPal
c) Multibanco

d) MBWAY

To use the payment method identified in item a), the user must provide the order and card details, properly encrypted, to the bank on the order date, and the order will be processed after validation and communication to the user’s bank, being canceled in case of refusal by the user/customer’s bank.

ARTICLE 8: TRANSFER OF RISKS

The risks of the products will be the responsibility of the user/customer from the moment of delivery.

ARTICLE 9: RIGHT OF WITHDRAWAL AND RETURN

In accordance with the applicable regulations in articles 10 to 17 of Decree-Law No. 24/2014 of February 14, the user/customer may withdraw from the contract, without indicating any reason, within 14 days from the date of delivery of the order, and only the ordered items will be refunded.
Shipping and return costs are the responsibility of the customer.
The customer may exercise the right of withdrawal in any form allowed by law, and this right is considered validly exercised by sending withdrawal information.
This provision does not affect other rights recognized to the consumer by current legislation.
The return costs of the product(s) are the responsibility of the user/customer, so in the case of cash-on-delivery, Open Vision, Lda may charge the expenses incurred.
The right of withdrawal from the contract by the user/customer, as per the provisions of paragraph 1 of this article, applies exclusively to products that can be returned in the same condition as received, including the original packaging and all documents.
After the return, the product will be examined by Open Vision, Lda, which will verify its conditions.
No refund will be made if the product has been used beyond simply opening the respective packaging or if it has been damaged.
The return will be made as soon as possible.
The responsibility for damages to the products, as well as their loss during the return, lies solely with the user/customer.

Return address:
Open Vision, Lda
Rua Dom Soeiro de Brito, Lt4 4805-681 Guimarães

Portugal

ARTICLE 10: RETURN OF DEFECTIVE PRODUCTS

In cases where the user/customer considers that the product is not in accordance with the contract at the time of delivery, they must immediately contact Open Vision, Lda.
The collection of the product not in conformity with the contract will be carried out by Open Vision, Lda.

The product collected under this clause will be examined by Open Vision, Lda, which, in case of confirmation of non-conformity, will communicate the replacement by email within a reasonable period.
The replacement of the product returned under this article is subject to its availability.

In the impossibility of replacement, the amount paid for the products returned due to non-conformity will be fully refunded to the customer, including the delivery costs incurred for the product.
All rights recognized by the law in force will be safeguarded.

ARTICLE 11: EXCHANGES

Products purchased through the Domsoeiro.com website cannot be exchanged.

ARTICLE 12: FORCE MAJEURE

We will not be responsible for any failure or delay in fulfilling any of the obligations under a contract due to events beyond our reasonable control, namely Force Majeure.
Force Majeure includes any act, event, lack of exercise, omission, or accident beyond our reasonable control, including, among others, the following:

  • Strikes, lockouts, or other industrial action.

  • Disturbances in public order, riots, invasions, terrorist attacks or threats, war (declared or not), or threats or preparations for war.

  • Fires, explosions, storms, floods, earthquakes, landslides, epidemics, or any other natural disaster.

  • Inability to use trains, boats, planes, motor transport, or other means of transport, public or private.

  • Inability to use public or private telecommunications systems.

  • Acts, decrees, legislation, rules, or restrictions of any government or public authority.

  • Strikes, failures, or accidents in maritime or river transport, postal or any other type of transport.

Our obligations under the contracts will be considered suspended during the period of Force Majeure, and we will benefit from an extension of the deadline to fulfill such obligations for a period of time equal to the duration of Force Majeure. We will use all reasonable means to end Force Majeure or find a solution that allows us to fulfill our contractual obligations despite Force Majeure.

ARTICLE 13: LIABILITY

For all stages of access to the Domsoeiro.com site, as well as the order process, delivery, and subsequent services, Open Vision, Lda has only an obligation of means.
Open Vision, Lda does not guarantee or accept responsibility for any inconveniences or damages inherent in the use of the internet network, service interruption, external intrusion, or the presence of computer viruses, or any other force majeure.

The items sold are described and presented on the Domsoeiro.pt site with the maximum accuracy possible.
If, despite all precautions, errors occur on the Domsoeiro.com site, Open Vision, Lda will not be held responsible.

The provisions of this clause will not affect the customer’s legal rights to withdraw from the contract.

ARTICLE 14: MINOR

We do not sell products to minors.

ARTICLE 15: PROCESSING OF PERSONAL DATA AND NEWSLETTER

In compliance with Portuguese law regarding the protection of personal data, the information or data provided by the user will be processed in accordance with our Privacy Policy.

ARTICLE 16: VIRUSES, HACKING, AND OTHER CYBER ATTACKS

Open Vision, Lda is not responsible for any damages or losses resulting from a service navigation attack, viruses, or any other technologically harmful or damaging program or material that may affect the user/customer’s computer, electronic, data, or materials as a result of using the Domsoeiro.com site or downloading its content or the content it redirects to.

ARTICLE 17: INTELLECTUAL PROPERTY

All elements of the Domsoeiro.com site, whether visual or auditory, including the underlying technology, are protected by copyright, trademarks, or patents. The user who has a personal website on the internet and wishes to place a simple direct link to the homepage of the Domsoeiro.com site for personal use must request authorization from Open Vision, Lda.

The authorization referred to in the previous paragraph is only valid if given in writing.
Any link or hypertext directed to the Domsoeiro.com site, using framing or in-line linking techniques, is formally prohibited.

In all cases, the use of any link, including those mentioned in paragraphs 3 and 4 of this clause, even tacitly authorized, must be removed upon a simple request from Open Vision, Lda.

ARTICLE 18: PRIVACY AND PERSONAL DATA PROTECTION

All customers have the right to access, rectify, cancel, and oppose their data. If you wish, at any time, to no longer be part of the DomSoeiro database, you can exercise this right by sending an email. In accordance with the privacy policy, the customer expressly authorizes DomSoeiro to send information about products and services that may be of interest using their personal data for direct marketing purposes through any communication channel, including email, SMS, MMS, or other forms of automatic calling. DomSoeiro will not commercialize or share its customer database with third parties.

ARTICLE 19: TOTAL AGREEMENT

These general sales conditions constitute the total agreement between the parties in reference.
If any clause of these conditions becomes null and void due to legislative, regulatory changes, or by court judgment, it should be considered unwritten.

ARTICLE 20: UNILATERAL RIGHT TO ALTER CONDITIONS

These conditions may be subject to change at any time.
The user/customer is subject to the policies and conditions in force at the time of using the DomSoeiro.com site or formalizing their order, except when, by law or decision of government agencies, changes are made retroactively to these policies, conditions, or privacy statement.
In the case mentioned in the previous number, the changes will also affect the orders that the user/customer has formalized under the conditions subject to change.

ARTICLE 21: DURATION

These conditions apply during the duration of the services offered by the company Open Vision, Lda.
All exclusive items on the site are valid until the limit of available stocks.

ARTICLE 22: ADR – ALTERNATIVE DISPUTE RESOLUTION

In compliance with the provisions of Law No. 144/2015 of September 8, all consumers are informed that, in case of disputes arising from our supplies of goods and services, they may resort to an Alternative Dispute Resolution Entity, as identified below:

ARTICLE 22: ADR – ALTERNATIVE DISPUTE RESOLUTION
In compliance with the provisions of Law No. 144/2015 of September 8, all consumers are informed that, in case of disputes arising from our supplies of goods and services, they may resort to an Alternative Dispute Resolution Entity, as identified below:

Centro de Arbitragem de Conflitos de Consumo do Vale do Ave / Tribunal Arbitral
Email: triave@gmail.com

Tel: 253 422 410
Centro de Informação de Consumo e Arbitragem do Porto
Email: cicap@mail.telepac.pt
Tel: 225 508 349 / 225 029 791

Centro de Arbitragem de Conflitos de Consumo de Lisboa
Email: juridico@centroarbitragemlisboa.pt / director@centroarbitragemlisboa.pt
Tel: 218 807 030

Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Email: cniacc@unl.pt
Tel: 213 847 484

Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Email: apoio@consumidoronline.pt
Tel: 289 823 135

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