These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions that will govern the provision of the Online Store Service of the Oito.Um brand.
Oito.Um is a registered brand, distributed by Geração Coragem, LDA, with NIPC 513369546, head office at Rua da Bela Vista, nº510, 2400-832 Parceiros, Portugal (telephone contact 244 243 667; email support @oitoum.pt ).
The Service consists of providing, through the address www.oitoum.pt, access to the Online Store which, in addition to providing information relating to a set of products, allows the User, electronically, to order the products advertised therein, under the terms and conditions described here.
The order of products must be made by Users aged 18 (eighteen) years or over or, if they are younger, they must have authorization from their legal representatives. The User, by stating that he has read and accepts the Terms and Conditions, confirms that he is 18 years old or over or that he has authorization from his representatives to proceed with the acquisition. Oito.Um may contact the User to verify the data.
The elements and information transmitted by the User will enjoy full legal effects, with the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
Oito.Um will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever these 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.
Oito.Um will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for Oito.Um to control, such as human errors or incidents in computer systems, it will not be possible to make some of the products available. products requested by the User. If a product is not available after placing the order, you will be notified by email or telephone. At that moment you will be presented with the possibility of canceling the order with a corresponding 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 Oito.Um.
3.1. All products sold in the Oito.Um Online Store are in accordance with Portuguese Law.
3.2. The Store has adequate levels of security, however Oito.Um will not be responsible for any losses suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control , namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or possible computer viruses or arising from downloading infected files through the service or containing viruses or other properties that may affect the User's equipment. If, for any reason, due to an error in accessing the Oito.Um Online Store website, it is impossible to provide the service, Oito.Um will not be responsible for any losses.
3.3. Data and information queries carried out within the scope of this Service are presumed to have been carried out by the User, and Oito.Um declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4. Oito.Um will not be responsible for any losses or damages caused by abusive use of the Service that are not directly attributable to it as an act of intent or gross negligence.
3.5. Oito.Um 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 an act of intent or gross negligence, and is not responsible in particular for:
i) errors, omissions or other inaccuracies relating to the 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 resulting from compliance with judicial decisions or administrative authorities or
iv) for non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to Oito.Um and which cannot be controlled by it, such as fires, power cuts, explosions , wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Oito.Um that prevent or harm the fulfillment of the obligations assumed.
3.6. Oito.Um does not guarantee that:
i) the Service is provided uninterruptedly, is secure, error-free or functions infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any User expectations in relation to it. We add that there may be color variations in relation to the images. There may also be variations in the printed pieces depending on the area in which the fabric is cut.
iii) any material obtained in any way through the use of the Service is used at the User's own risk, the User being solely responsible for any damage caused to their 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 Oito.Um 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 of the possibility of these damages occurring), resulting in:
i) the use or inability to use the Service;
ii) the difficulty in obtaining any substitute for goods/services;
iii) unauthorized access or modification to personal databases.
4.1. The user undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the imposed order limits.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and Oito.Um declines any responsibility. If the consumer violates any of these obligations, Oito.Um reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Oito.Um to the same User; and, furthermore, not allow the User future access to any or all services provided by Oito.Um.
5.1. The website www.oitoum.pt is a secure website, and Oito.Um guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being mandatory to provide are essential for the provision of the Service by Oito.Um. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Oito.Um refusing to provide the Service.
5.3. The User's personal data will be processed and stored electronically and are intended to be used by Oito.Um within the scope of the contractual and/or commercial relationship with the User, and will only be used for another purpose if the User gives their express authorization.
5.4. In accordance with applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to their use for the purposes set out in the previous number, and for this purpose you must contact the entity responsible for processing personal data: Oito.Um.
5.5. The User can ask Oito.Um for all the information it has about them, and how it is used. To do this, you must send an email to support @oitoum.pt stating what you want.
5.6. The Internet is an open network, so the User's personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for the effect, and Oito.Um cannot be held responsible for this access and/or use.
5.7. Oito.Um undertakes to inform the competent authorities within 72 hours if any attack occurs that jeopardizes the confidentiality of User data on the website www.oitoum.pt.
6.1 At the User's request
The User may cancel their order by requesting it to Oito.Um via email support @oitoum.pt citing the order number, which will be accepted as long as it has not yet been processed. After processing, Oito.Um 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 Oito.Um:
Order number
NIF with which you placed the order
delivery adress
6.2. By decision of Oito.Um
Oito.Um reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Oito.Um 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 beyond the control of Oito.Um.
7.1. The User, if he is not completely satisfied with the Oito.Um product he purchased, has a period of 30 (thirty) days, counting from the date of the order, to make the return, as long as he has not used the product ( s) product(s) and they maintain their characteristics.
To exercise this right, the User must communicate the intention and reason by filling out the Exchange/Return Form available on the website www.oitoum.pt, indicating the order details and personal data. In response, Oito.Um will indicate the procedure for the return.
7.2. If the collection address is in the Autonomous Regions or in a country other than Portugal, the customer must always arrange the shipping of their return directly to Oito.Um.
7.3. The User must, within 14 days from the date on which he communicated his decision to return, return the product to Oito.Um. If collection is guaranteed by the brand, this time limit does not apply.
7.4. Upon receipt of the return, Oito.Um checks whether the returned product(s) meets the following requirements:
a) The product must be sent in well-sealed packaging and must be well packaged to ensure that its condition does not change during the logistics process.
b) It must not show signs of use or washing. Any item with deodorant marks will be REJECTED. Any item with a perspiration or washing odor will be REJECTED.
7.5. The User who sends product(s) to Oito.Um without meeting any of the requirements in the previous point may not be entitled to a refund. The User will be contacted and will be offered a return, with the costs being borne by the User.
7.6. The refund method depends on the payment method used for the respective order. In case of payment by credit card, it will be credited to the respective card account. In other cases, the refund is made by bank transfer. There is also the possibility for the customer to choose to receive credit at the www.oitoum.pt store. In this case, you will be given a Gift Card with the amount in credit so that you can use it on your next purchase.
7.7. The refund is made within a maximum period of 14 days, counting from the moment the return is received by Oito.Um, as long as the brand is already in possession of the necessary data to proceed with the refund. Receipt of the return will be communicated to the User by email.
7.8. The shipping costs will be refunded to the User if the item is returned due to a manufacturing defect or error in processing the order.
7.9 When an order is fully or partially returned and the conditions that gave rise to a promotional price for a certain item(s) no longer apply, the amount to be refunded is calculated according to the actual conditions of the final purchase.
7.10 There are products that, for an explicit reason in their description, are not eligible for Exchange or Return.
8.1. In the event of a “manufacturing defect”, that is, when defects are detected in the products 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, within a maximum period of 30 consecutive days from the date of the invoice, to the address provided by Oito.Um upon receipt of an email sent to support @oitoum.pt .
8.2. In order for the product to be exchanged, the User must ensure that the packaging is complete, containing all the components that make it up, in excellent condition.
8.3. If any of the elements mentioned above are missing, or if any of the components are not in excellent condition, there will be no exchange and the product will be sent back to the User.
8.4. In these situations, all logistical costs relating to return and exchange will be borne by Oito.Um, except when the User chooses a different and more expensive delivery method than the commonly accepted and less expensive method proposed by the Brand.
Oito.Um will always do everything possible to ensure your order is delivered as quickly as possible. The number of days expected for order delivery is calculated from the date of dispatch and not from the date of registration. See the details below.
Normally, orders that are completed by 12pm on each business day are processed on the same day. Those registered after 12pm or during a holiday/weekend are processed on the next business day.
Delivery is made from Monday to Friday (except on local or national holidays), and it is not possible to schedule a delivery time. In these cases, the customer must provide an address where they will be present between 9am and 7pm to guarantee effective delivery.
If the delivery address provided by the customer is incorrect or incomplete, or the customer does not collect their order in a timely manner from the Pick-Up point, it may result in it being returned to Oito.Um, resulting in additional costs for the customer.
In situations where orders are not delivered to the customer due to the unequivocal responsibility of the freight forwarder, we suggest that the customer send us a complaint that will be forwarded to the freight forwarder for analysis. The final solution that Oito.Um will present will depend on the response given by the freight forwarder. If the customer assumes responsibility, the logistical costs incurred by the customer will be reimbursed.
The customer can choose to pay via Multibanco Reference (only available in Portugal), MBWay (only available in Portugal) and Credit Card (Visa, MasterCard).
The customer will have a period of 3 calendar days, counting from the date he placed his order, to make payment. The order will not be considered accepted until it is effectively confirmed that payment has been received. If, after the indicated period, Oito.Um has not received the corresponding amount, the order will be cancelled.
11.1. The Store is a registered website and the Service provided by the website itself is the responsibility of Oito.Um.
11.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
11.3. The User acknowledges that any content appearing in the advertising, highlight, 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 these contents may only occur with the express authorization of the respective owners.
11.4. The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from carrying out 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.
12.1. 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 legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and the rules for using the Service must also be observed, under penalty of Oito.Um suspending or deactivating the Service under the terms set out in point 13.
12.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network capable of being used by several users, and as such, subject to computer overloads, therefore Oito.Um does not guarantee the provision of the Service without interruptions, loss of information or delays.
12.3. Oito.Um also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, external to Oito.Um and which cannot be controlled by Oito.Um). .
12.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Oito.Um undertakes to regularize its operation as quickly as possible.
13.1. Regardless of any prior or subsequent communication, Oito.Um may, at any time, and in accordance with its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
13.2. Oito.Um also reserves the right to immediately suspend or 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 Oito.Um ceases access to the Store, upon prior notice 15 (fifteen) days in advance of the date of cessation.
13.3. The suspension or termination of the Service by Oito.Um, under the terms of the previous paragraphs, does not affect the right of the User or third parties to any compensation or other compensation, and Oito.Um cannot be held responsible or in any way burdened, for any consequence. resulting from the suspension, cancellation or cancellation of the Service.
13.4. In the situations described above, Oito.Um will inform the User in advance so that they can, if they wish, safeguard the content of their order viewing area within 3 (three) business days of sending the email or making information available on the Service's main page.
14.1. 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 .
14.2. The User agrees to receive any and all communications and/or notifications related to their orders, to the address, contact telephone number and/or electronic mail (“e-mail”) indicated in the order process.
14.3. Oito.Um will only send additional information related to Campaigns, Launches, Promotions, if the User explicitly states that they wish to receive this information, subscribing to the Newsletter using the appropriate forms.
14.4. At any time, you may request not to receive these communications and/or notifications via email support @oitoum.pt , or the “Do not receive the Newsletter” link (or similar) included in each Newsletter.
15.1. Without prejudice to the provisions of the following number, Oito.Um may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance. days.
15.2. The updated version of these General Conditions and their annexes is available on the website www.oitoum.pt.
16.1. Whenever Oito.Um deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
16.2. 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, Oito.Um may change its technical configurations whenever this proves convenient to adapt it to possible technological developments.
16.3. However, Oito.Um does not guarantee the User that any upgrades or improvements to the Service will be made.
16.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of use.
17.1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Oito.Um about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
17.2. The complaint must be presented within a maximum period of 30 (thirty) days, counting from the date the User becomes aware of the facts, and registered in Oito.Um's information systems, which must decide the complaint and notify the interested party within a maximum period of 30 ( thirty) days, counting from the date of receipt.
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Alternative Dispute Resolution
In the event of a dispute, the consumer may resort to the Alternative Consumer Dispute Resolution entities identified on the consumer portal, on the website www.consumidor.pt , or to the Online Consumer Dispute Resolution entities identified on the website:
https://webgate.ec.europa.eu/odr .
The currently existing alternative dispute resolution entities are as follows:
CNIACC - National Center for Information and Arbitration of Consumer Conflicts – Generic competence
Email: cniacc@unl.pt
Web: http://www.arbitragemdeconsumo.org
Algarve Consumer Conflict Information, Mediation and Arbitration Center
Geographic area covered - contracts concluded in the District of Faro.
Email: support@consumidoronline.pt
Web: http://www.consumidoronline.pt/
Consumer Dispute Arbitration Center of the District of Coimbra
Geographic area covered - contracts signed in the municipalities of: Arganil, Cantanhede, Coimbra, Condeixa-a-Nova, Figueira da Foz, Góis, Lousã, Mira, Miranda do Corvo, Montemor-o-Velho, Oliveira do Hospital, Penacova, Penela, Soure, Tábua, Vila Nova de Poiares.
Email: geral@centrodearbitragemdecoimbra.com
Web: http://www.centrodearbitragemdecoimbra.com
Lisbon Consumer Dispute Arbitration Center
Geographic area of coverage - contracts signed in the Lisbon Metropolitan Area: Lisbon, Alcochete, Almada, Amadora, Azambuja, Barreiro, Cascais, Lisbon, Loures, Mafra, Moita, Montijo, Odivelas, Oeiras, Palmela, Seixal, Sesimbra, Setúbal, Sintra and Vila Franca de Xira.
Email: juridico@centroarbitragemlisboa.pt / director@centroarbitragemlisboa.pt
Web: http://www.centroarbitragemlisboa.pt
Porto Consumer Information and Arbitration Center
Geographic area of coverage - contracts celebrated in the Metropolitan Area of Porto: Arouca, Espinho, Gondomar, Maia, Matosinhos, Oliveira de Azeméis, Porto, Póvoa de Varzim, Santa Maria da Feira, Santo Tirso, São João da Madeira, Trofa, Vale de Cambra, Valongo, Vila do Conde and Vila Nova de Gaia.
Email: cicap@mail.telepac.pt
Web: http://www.cicap.pt
Vale do Ave Consumer Dispute Arbitration Center / Arbitration Court
Geographic area of coverage - contracts signed in the municipalities of: Cabeceiras de Basto, Fafe, Felgueiras, Guimarães, Póvoa de Lanhoso, Póvoa de Varzim, Santo Tirso, Trofa, Vila do Conde, Vila Nova de Famalicão, Vizela, Vieira do Minho and Vizela .
Email: triave@gmail.com
Web: http://www.triave.pt
CIAB – Center for Information, Arbitration and Consumer Conflicts
Geographical area of Amares, Arcos de Valdevez, Barcelos, Braga, Caminha, Esposende, Melgaço, Monção, Montalegre, Paredes de Coura, Ponte da Barca, Póvoa do Lanhoso, Terras do Bouro, Valença, Viana do Castelo, Vila Nova de Cerveira, Vieira do Minho and Vila Verde.
Email: geral@ciab.pt
Web: http://www.ciab.pt
Madeira Consumer Dispute Arbitration Center
Email: centroarbitragem.sras@gov-madeira.pt
Web: http://www.srrh.gov-madeira.pt
19. Applicable Law
The Contract is governed by Portuguese law.
