The General Conditions are intended, with the order form and the other items referred to therein, to regulate the terms and conditions that govern the provision of the Online Shop Service www.oitoum.pt (“Service” or ”shop“) by Oito.Um. Oito.Um is a trade mark, distributed by Clothing Concept, Unipessoal, Lda, headquartered at Estrada Nacional 1, nº14, 2460-615 Moleanos, Portugal. Main waarehouse is located at Centro de Empresas Maquijig, Zona Industrial das Carrascas, EN252, 2950-402 Palmela (phone number 00351 212 389 126; email firstname.lastname@example.org). The service consists on providing, through the www.oitoum.pt address, access to the Online Store, that besides providing information relating a set of products and / or services, allows the user, electronically, to order products disclosed therein, on the terms and conditions described herein. Ordering products should only be made by users aged over 18 (eighteen) years or, if the user is under 18, must have consent of their representatives. The User, when confirming he Read and Understood the Terms and Conditions, confirms he is over 18 or he has consent from representatives to go ahead with the transaction. Oito.Um may get in contact with the User to confirm all the data received. The data and information transmitted by the User shall be covered by a full legal effect, recognising the User the electronic orders and he can not claim a lack of signature for breach of obligations.
Oito.Um will do everything in its power so that the information presented does not contain typographical errors, and will be quickly corrected whenever they occur. If you purchase a product that has different characteristics to the ones presented online, you have the right to terminate the purchase agreement pursuant to applicable law. Oito.Um will do everything in its power to send all the products ordered, but it is possible that in certain cases due to causes hardly controllable by Oito.Um, as human errors or incidences in the computer systems, it is not possible to provide some of the products ordered by User. If any product is not available after ordering it, you will be notified via e-mail or by phone. In that time you will be presented with the opportunity to cancel the order with its refund if you have already made the payment. All the price information, product specifications, promotions and services may be changed at any time by Oito.Um.
3.1 All products and services sold in www.oitoum.pt Online Shop are according with Portuguese law. 3.2 The shop has adequate security levels, however Oito.Um is not liable for any damage suffered by the User and / or third parties, due to delays, interruptions, errors, and communications suspensions that are based on factors beyond its control in particular any shortcomings or failures caused by the communications network or communications services provided by third parties, by the computer system, the modems, the connection software or any computer or resulting virus downloading (“download”) through the infected file service or those contain viruses or other properties that may affect the user equipment. If for some reason there’s errors accessing the electronic site of the Online Shop www.oitoum.pt or any other inability to provide service, Oito.Um is not liable for any losses. 3.3 The data queries and information made under this service are presumed to be made by the User, declining to Oito.Um any liability abusive or fraudulent use of the information obtained. 3.4 Oito.Um shall not be liable for any loss or damage caused by misuse of the Service that are not directly attributable. 3.5 Oito.Um will not be liable or responsible for any failure to perform, or delay in performance of, any of our 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 limitation) the following: 1. Strikes, lock-outs or other industrial action. 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 5. Impossibility of the use of public or private telecommunications networks. 6. The acts, decrees, legislation, regulations or restrictions of any government. 7. Any shipping, postal or other relevant transport strike, 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. 3.6. Oito.Um does not guarantee that: i) the service is provided without interruption, be safe, with no errors or work in infinite form; ii) the quality of any product, service, information or other material purchased or obtained through the Service meets any expectation of the User in relation to it; iii) any material obtained in any way through the use of the Service is used by account and risk of the User, which is solely responsible for any damage to your system and computer equipment or any loss of data that results from this operation. iv) no advice or information, whether oral or written, obtained by User or through the Service shall create any warranty not expressed in these terms and conditions. 3.7. You agree that Oito.Um can, in no way, be liable for any damages including, but not limited to, damages for loss of profits, data, content, or other loss (even if it has been previously warned by the User on possibility of such damages), resulting from: i) the use or inability to use the Service; ii) the struggle on obtaining any substitute goods / services; iii) access or unauthorized modification to personal databases.
4.1. The user undertakes to: i) provide correct personal data and correct addresses; ii) do not use false identities; iii) respect the limits imposed on orders. 4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or inability in order processing, or any non-delivery, the responsibility rests with the user, and Oito.Um declines all responsibility. If the consumer violate 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 provided by Oito.Um to the user; and further, not to allow the user further access to some or any services provided by Oito.Um.
5.1. the website www.oitoum.pt is a secure website. Oito.Um guarantees the confidentiality of all the data provided by users. 5.2. The personal data identified in the order form as mandatory is essential to provide the Service by Oito.Um. The omission or inaccuracy of data provided by the User are your sole responsibility and it can lead to the refusal of providing the Service by Oito.Um. 5.3. The User’s personal data will be processed and stored and it is intended to be used by Oito.Um under contractual and / or commercial relationship with the user. This data will only be used for other purposes if and when the User authorizes it explicitly. 5.4. Under the applicable legislation, the user is guaranteed, without additional charges, the right to access, correct and update their personal data, directly or through written request, as well as the right to object to their use for the intended purposes in above, and therefore to contact the entity responsible for processing the personal data: Oito.Um. 5.5. The User may request all the information Oito.Um has stored about him, and the usage Oito.Um is doing with it. In order to receive this information, the User must send an email to email@example.com asking for it. 5.6. The Internet is an open network, so the User’s personal data, other personal information and content hosted on the Service may move on without security network running, including the risk of being accessible and used by unauthorized third parties and Oito.Um must not be held responsible for such access and / or use. 5.7. Oito.Um guarantees that will inform all competent entities within 72h, if and when an attack occours that may compromise the confidentiality of User’s data collected in www.oitoum.pt.
6.1 At user’s request: The user can cancel his order asking it to Oito.Um through the e-mail firstname.lastname@example.org, providing the order number, which will be accepted if it has not yet been processed. After processing, Oito.Um will attempt to deliver the same, but the user has the option not to accept it. For the purposes of cancellation, the User must provide the following data to Oito.Um: 1. Order number 2. Tax ID number from who placed the order 3. Delivery address 6.2 By decision of Oito.Um Oito.Um reserves the right not to process orders when checking some inconsistency in the personal data submitted or observe misconduct by the buyer. Oito.Um reserves the right not to process any order or refund, in case there are errors in the values and / or characteristics of the products when they arise from technical problems or errors beyond the Oito.Um.
7.1. If you are ordering as a consumer, you have the right to cancel the order, within 14 days, without giving any reason. The cancellation period will expire after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the items, or in case of multiple items in one order delivered separately, after 14 days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the last item.
To exercise this cancellation right, you must notify us by filling the Return Form. In response, Oito.Um will provide you the procedure to Return or Exchange your product.
7.2. The costs inherent to the return are borne by Oito.Um, if the collection address is in Mainland Portugal. To this end, a transport document will be sent by email that the User must print and paste in an envelope for return. This envelope must be delivered to a Pick-Up Chronopost point that is convenient to the User. The entire procedure will be sent in detail via email. There are exceptions, where the return is the responsibility of the User, who is responsible for the costs. These exceptions are as follows: a) If the collection address is in the Autonomous Regions; b) If the collection address is in a country other than Portugal; c) In case the User does not previously contact Oito.Um; (d) all situations referred to in paragraph 7.9.
7.3. The User must, within 14 days of the date on which he has communicated his return decision, return the product to Oito.Um. If the collection is guaranteed by the mark, this time limit does not apply.
7.4. Upon receipt of the return, Oito.Um verifies that the product(s) returned meets the following requirements: a) Keep the original label; b) Are properly packed; c) Do not show signs of use; d) Contain all accompanying items.
7.5. The User who sends product(s) to Oito.Um without complying with any of the requirements of the previous paragraph, may not be entitled to a refund. The User will be contacted and a return will be proposed to him, and the costs will be borne by the user.
7.6. The refund method depends on the payment method used in your order. In the case of payments with PayPal or credit card, these are credited to their account. In all other cases, the return is done by bank transfer.
7.7. The refund is made within a maximum period of 14 days, counting from the moment the return is received by Oito.Um, provided that the mark is already in possession of the data necessary to proceed with the refund. Once the returned item is received by Oito.Um, an email is sent to the User.
7.8. Expenses related to shipping costs will be refunded to the User if the item is returned because of manufacturing defect or error in processing the order. If the Shipping Costs have been free and the partial return originates a final order lower than the minimum value for freight, they will be discounted in the final amount to be refunded.
7.9. For orders with a promotional price, the costs associated with the return are responsibility of the User. These are identified below: a) Orders consisting only of products in the PROMOTION tab; b) Orders made during SALES, PROMOTION or similar campaigns (Black Friday, Cyber Monday, and others); c) Orders made with staff discount voucher; d) All other situations duly identified and communicated by Oito.Um.
8.1. In case of a “manufacturing defect”, that is, when defects are detected in products that, in principle, do not fall within the scope of their warranty, the User must return the product, together with a copy of the invoice, within 30 consecutive days from the date of invoice, to the address to be made available by Oito.Um after receiving an email sent to email@example.com.
8.2. In order for the product to be exchanged, the User must ensure that the packaging is complete and contains all the constituent components in an excellent state of repair.
8.3. In the absence of any of the elements mentioned above, or in case any of the components are not in excellent condition, there will be no exchange, and the product will be returned to the User again.
8.4. In these situations, all logistical costs related to the return and exchange will be borne by Oito.Um, except when the User opts for a different and more costly mode of delivery than the commonly accepted and less costly modality proposed by the Brand.
9.1. Oito.Um will always make its best to deliver your order as quickly as possible. It is important to note that the delivery time of the order is counted from the day it was sent and not the day it was registered. 9.2. Usually, orders made until 12:00 of working days are processed and sent in that same day. Those registered after 12h00 or during a weekend/holiday are processed and sent in the next working day. Deliveries are guaranteed by several logistic, providing two different services: a) delivery at the address the User requested. from monday to friday (except during local/national holydays), between 09:00 and 19:00. It is not possible to set a specific time for delivery, so there should be someone in the delivery address from 09:00 until 19:00. This address should preferably be a company/professional address to ease the delivery. b) delivery at a Chronopost Pick-Up Point – for now, only available for Portugal (Continental). the order is delivered at the desired Pick-Up Point (see here the ones next to you) and will be available for picking during 8 consecutive days. 9.3. In case the address given by the User is incomplete or incorrect, or in case the User doesn’t pick it up at the Chronopost station, it may result in extra costs for the User to complete the delivery. 9.4. When a delivery is not completed with responsability for the Logistic Service, we suggest the User to send an email to firstname.lastname@example.org for us to forward it to the Logistic Company. Final solution will depend their reply. If he accepts responsability, all logistic costs supported by the User, will be payed back. 9.5. In the list below, you can find the costs and time to delivery for the most usual european destinations. If you want information about the delivery in a different country, please ask us via email@example.com.
Delivery time in Europe (1) – 24h/48h Delivery time in Portugal (Continental) (1) – 24h/48h Delivery time in Portugal (Islands) (1) – 3 to 8 working days
(ver tabela Attachment 1)
The costumer can pay by Paypal or credit card (Visa, MasterCard or Maestro). The costumer has 3 days, counted from the date he has ordered, to carry out the payment. The order will not be considered accepted until the payment was effectively received. Once the term of 3 days has finished and we haven’t received the corresponding payment of the purchase, the order will be cancelled.
11.1. www.oitoum.pt is a registered website and its service is responsability of Oito.Um. 11.2. The User recognises the Service deals with confidential information and all copyright, trade marks and other intellectual property rights in all material or content supplied as part of www.oitoum.pt are protected by the rights of the author(s), industrila property, and othe liable laws. 11.3. The User acccept to respect all rights mentioned above.
12.1. You agree to comply with all applicable legal provisions, in particular, not to practice or encourage the practice of illegal or offensive acts of morals, such as the indiscriminate sending of unsolicited communication (spamming) in breach of the law applying on processing of personal data and advertising communications via automated calling machines, and shall observe the rules of use of the Service, otherwise Oito.Um will suspend or terminate the Service pursuant to paragraph 13. 12.2. The User expressly acknowledges and agrees that the IP network is a public network and electronic communications used by multiple users, and as such, subject to computer overloads, so Oito.Um does not guarantee the provision of the service without interruption, loss of information or delays. 12.3. Oito.Um also doesn’t ensure the provision of the service in unpredictable overload situations of the systems in which is supported or force majeure (extraordinary nature or unpredictable situations, outside the Oito.Um and that the same can not be controlled). 12.4. In case of interruption of the provision of the service for unpredictable reasons such as system overload on which it is supported, Oito.Um undertakes to regularize the situation with as soon 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 the Service provision and/or part of it to one or all users. 13.2. Oito.Um reserves also the right to immediately suspend or terminate access to the Service in the following cases: a) When the user does not comply with the conditions of use referred to in paragraph 4 and other referred to in the General Conditions; b) When Oito.Um cease access to the online store, by prior communication with an advance of 15 days from the date of termination. 13.3. The suspension or termination of service by Oito.Um under the preceding paragraphs, is not related to the right of the User or third parties to any compensation or other compensation, not being able to Oito.Um be liable or any unencumbered way, for any consequence resulting from suspension, revocation, cancellation of service. 13.4. In the above situations, Oito.Um will notify the user in advance so that he can, if he wants, to safeguard the contents of his parcel viewing area within three (3) working days of the email sending or of the information been placed in the homepage of www.oitoum.pt
14.1. Without prejudice to other forms of communication provided in the General Conditions, the notifications made to the user that relate to the Service, including changes to the General Conditions, may be made to the email address of the user by SMS or telephone contact . 14.2. You agree to receive any communication and / or notification relating to your Order to the address, contact number and or email address (“email”) indicated in the ordering process 14.3. Oito.Um will only send additional information about Campaigns, New Products, or Promotions if the User explicitly desires it, by signing the Newsletter on proper forms. 14.4. At any time, you can request not to receive these communications and / or notifications sending an email to firstname.lastname@example.org, or through the option “Do not receive the Newsletter” (or similar) inscribed on each Newsletter.
15.1. Notwithstanding the following paragraph, Oito.Um can change the Service and / or the technical conditions for the provision of the same and the respective rules of use, and it shall disclose to the User such changes with a minimum of fifteen (15) days. 15.2. The recent version of these General Conditions and its annexes is available on the electronic site www.oitoum.pt
16.1. Whenever Oito.Um deemed necessary or convenient to optimize the browsing experience and / or improve connectivity conditions, it may remotely reformulate the network settings. 16.2. Without prejudice to the following paragraphs, and given the innovative nature of the service and technological developments that may be subject, Oito.Um can change the technical specifications of the same whenever it is deemed convenient to adapt it to any technological developments. 16.3. Oito.Um does not guarantee, however, to the user, any upgrades or improvements in service. 16.4. Some upgrades or new features of the Service may be available only after payment of the User and / or subscription for the same, of Specific Terms of Service.
17.1. The User can submit any contractual disputes, to the mechanisms of arbitration and mediation that are or may be legally constituted and complain to Oito.Um on acts and omissions that violate the legal provisions applicable to the purchase of goods. 17.2. The complaint must be filed within thirty (30) days from the acknowledgement of the facts by the User, being registered in Oito.Um information systems, that will decide the complaint and notify the person concerned within 30 (thirty) days from the date of its receipt.
The Agreement is governed by the Portuguese Law.