Terms and conditions
Terms and Conditions
These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions under which will be governed the provision of the Decal Online Store by Digidelta Internacional - Import Export, S.A., based in Torres Novas Zona Industrial, Lote 1, Casal Torteiro, 2350-483 Torres Novas, under the unique registration and identification corporate nº. 503 249 416 and with a share capital of 4.000.000,00 €, hereinafter referred to as "Digidelta".
The Service consists of the provision, through the access address to the Online Store www.decal-adhesive.com which, in addition to providing information relating to a set of products and/or services, allows the User, electronically, to order the products disclosed therein, in accordance with the terms and conditions described herein.
The elements and information transmitted by the User will enjoy full legal effects, and the User will recognize his/her electronic purchases and cannot claim the lack of signature for non-compliance with the obligations assumed.
Digidelta will do everything possible so that the information presented does not contain typographical errors and will quickly correct them whenever they occur. If you purchase a product that has characteristics other than those submitted online, you have the right to terminate the purchase agreement under the legal terms that apply.
Digidelta will do everything possible to send all products ordered, but it is possible that, in certain cases and due to causes that are hardly controllable by Digidelta, such as human errors or incidences in computer systems, it might not be able to provide some product requested by the User. If any products are not available after you have placed the order, you will be notified by email or by phone. At that point you will be given the possibility to cancel the order with the corresponding refund if you have already made your payment.
Under Portuguese law and in the context of the Portuguese market, product prices are indicated in € (euros) and do not include VAT at the legal rate in force, nor the cost of transport to the customer. They include the cost of packaging when it comes to Decal, Digidelta's own brand. In the context of the foreign market, product prices are indicated in the currency unit selected by the User and also do not include taxes or any type of fees in the countries for which they are intended.
Any costs resulting from shipping orders abroad, including customs clearance cost, will be the sole responsibility of the purchaser of the product.
Digidelta informs you that the prices indicated in www.decal-adhesive.com are exclusively from the Decal Online Store and that they may vary from prices in physical stores.
All information about price, products, specifications, promotional actions and services may be changed at any time by Digidelta.
3.1. All products and services marketed in the Decal Online Store are in accordance with Portuguese Law.
3.2. The Online Store has adequate levels of security, however Digidelta shall not be liable for any damage suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors outside its control, specifically any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or due to download from a file service infected or containing viruses or other properties that may affect your equipment. If for any reason due to access error to the Digidelta Online Store website, Digidelta could not provide service, it will not be liable for any damages.
3.3. Data and information consultations carried out under this Service shall be presumed to be made by the User, declining Digidelta any liability arising from the misuse or fraudulent use of the information obtained.
3.4. Digidelta shall not be liable for any loss or damage caused by misuse of the Service which is not directly attributable to it for wilful intent or serious fault.
3.5. Digidelta is not liable for the damage arising from the non-performance or defective performance of the Service if this is not directly or indirectly attributable to it for wilful intent or grave fault, and is not responsible specifically for:
(i) errors, omissions or other inaccuracies relating to the information made available through the Service;
(ii) damage caused by the User or third parties, including intellectual property violations;
(iii) failure of performance or defective performance resulting from compliance with judicial decisions or administrative authorities or;
iv) the failure of performance or defective performance due to force majeure situations, i.e. situations of extraordinary or unpredictable nature, external to Digidelta and which cannot be controlled, 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 Digidelta that prevent or harm compliance with the fulfilment of the obligations assumed.
3.6. Digidelta does not guarantee that:
(i) the Service is provided uninterruptedly, safe, error-free or operate endlessly;
(ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfils any expectation of the User in relation to it;
(iii) any material obtained in any way through the use of the Service is used at the user's own risk, the latter being 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 of or through the Service will create any warranty that is not expressed in these General Conditions.
3.7. the User agrees that Digidelta cannot in any way be liable for any damage, including but not limited to damages for loss of profits, data, content, or any other losses (even if the User has previously notified of the possibility of such damage), resulting from:
i) the use or impossibility of use of the Service;
(ii) the difficulty of obtaining any substitute for goods/services;
(iii) unauthorized access or modification to personal databases.
4.1. Digidelta guarantees the confidentiality of all data provided by Users.
4.2. Personal data identified on the order form as being of mandatory supply are indispensable for Digidelta's provision of the Service. The omission or inaccuracy of the data provided by the User is of his or her sole and entire responsibility and may give rise to Digidelta's refusal to provide the Service.
4.3. The Users personal data will be processed and stored electronically and intended to be used by Digidelta in the context of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the sending of information about services and/or products, as well as data for commercial, institutional and marketing purposes.
4.4. Under applicable law, the User shall be guaranteed, without additional charges, the right of access, rectification and updating of his personal data, directly or upon written request, as well as the right of objection to the use of it for the purposes provided for in the preceding paragraph, and for this purpose should contact the entity responsible for the processing of personal data: Digidelta.
4.5. When some of the above-mentioned rights are exercised, we reserve the right to retain the data solely for the purposes of declaration, exercise or defence of a right in a judicial proceedings.
4.6. Personal Data is intended only for the execution of orders placed on the Online Store, collecting only those necessary, appropriate, relevant and limited to this purpose, and Digidelta expressly guarantees that it will not use the personal data to which it has access to any purpose other than that provided for in these Terms and Conditions.
4.7. The Internet is an open network, so your personal data, other personal information and all content lodged on the Service may circulate on the network without security conditions, being even in risk of being accessible and used by unauthorized third parties for this purpose, and Digidelta cannot be held responsible for such access and/or use.
5.1 At the Users request
You may cancel your order by requesting it from Digidelta via telephone number or email giving the order number as reference, which will be accepted as long as it has not yet been processed. After processing, Digidelta will attempt to deliver it, but you have the option not to accept it.
For the purpose of cancellation you must indicate the following data to Digidelta:
(a) order number;
b) Tax ID number with which you placed the order and delivery address.
5.2. By decision of Digidelta
Digidelta reserves the right not to process orders when it notices any inconsistency in the personal data presented or observes misconduct by the buyer. Digidelta 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 they arise from technical problems or errors unrelated to Digidelta.
6.1. The User, if he is a consumer, may exercise the right of withdrawal without any compensation being required within 14 (fourteen) days from the day on which the consumer acquires the physical possession of the property.
To exercise this right, you may use the draft indicated below and must indicate all your identification details, the subscribed service you want to terminate and the subscription date. Communication shall be made by letter, by return of the acquired good, or by other appropriate means and susceptible of evidence within the period defined above.
The consumer shall within 14 (fourteen) days from the date of the resolution notification return the goods to Digidelta in the appropriate conditions of use.
Draft for free resolution form (you must only fill out and return this form if you want to terminate the contract) - To [enter here the name, geographical address and, when appropriate, the fax number and the e-mail address of the professional]:
- Herewith I/we inform (*) that I/we terminate (*) my/our (*) purchase and sale contract relating to the following good/provision of the following service (*) — Requested in (*)/received in (*) -
Consumer(s) name(s) - Consumer(s) Address(s) - Consumer(s) Signature(s) (only in the event this form is notified on paper). (*) Cross out what does not apply.
The packaging must be returned complete, as it was delivered, and accompanied by all documentation received, specially the following documents: sales invoice and document proving receipt of the product. The packaging and documents indicated must be sent free of charge to the following address:
Digidelta International - Import Export, S.A.
Torres Novas Zona Industrial, Lot 1, Casal Torteiro, 2350-483 Torres Novas
If the User chooses other forms of return, the shipping costs will be his/her responsibility.
6.2. Upon receipt of the return in, Digidelta will refund the User the amount corresponding to the amount paid for the order (value of the sales invoice). If the User has used a promotional discount code, this amount will not be refunded, that is, the refund will be only for the amount actually paid.
6.3. The method of reimbursement of the amount to be refunded depends on the payment method used in the respective order. In the remaining cases, when Tax ID number has been provided, the refund will be made to the bank account indicated. Otherwise, the refund will be made by check to the billing address. Reimbursement shall be made up to 14 (fourteen) days after receipt of the free termination will and receipt of the return of the good.
6.4. In the absence of any of the components of the sold item or, if any of them are not in excellent condition, there will be no refund of the price or postage, the product will be resent again to the initial shipping address .
7.1. The online Store is a registered website and the Service provided by the site itself is Digidelta's responsibility.
7.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
7.3. The User acknowledges that any content contained in the advertising, featured ads, promotion or mention of any sponsor or advertiser is protected by copyright laws and related rights, by the laws relating to industrial and other property protection laws, so any use of such content may only take place under the express permission of their holders.
7.4. The User commits to fully respect the rights referred to in the preceding paragraph, in particular by refraining from engaging in any acts that may violate the law or those rights, such as reproduction, marketing, transmission or public disposal of such content or any other unauthorized acts that include the same content.
8.1. The User commits to comply with all applicable legal provisions, specially, not to practice or foster the practice of unlawful or offensive acts against good manners, such as the indiscriminate sending of unsolicited communications (spamming) in breach of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules for the use of the Service, otherwise Digidelta will suspend or deactivate the service, as provided for in point 11.
8.2. The User expressly acknowledges and agrees that the IP Network constitutes a public network of electronic communications capable of use by several users, and as such, subject to computer overloads, so Digidelta does not guarantee the provision of the Service without interruption, loss of information or delays.
8.3. Digidelta also does not guarantee the provision of the Service in situations of unpredictable overload of the systems in which it is supported or force majeure (situations of extraordinary or unpredictable nature, external to Digidelta and which cannot be controlled by it).
8.4. In the event of interruption of the provision of the Service for reasons of unpredictable overload of the systems in which it is supported, Digidelta undertakes to regularise its functioning as soon as possible.
9.1. Regardless of any prior or subsequent notification, Digidelta may, at any time, and in its sole discretion, discontinue the availability of the Service and or part of the Service to one or all Users.
9.2. Digidelta also reserves the right to suspend or immediately terminate access to the Service in the following cases:
b) When Digidelta ceases access to the Store, by prior communication 15 (fifteen) days in advance of the date of termination.
9.3. The suspension or termination of the Service by Digidelta, in accordance with the preceding paragraphs, does not imply the right of the User or third parties to any compensation or other compensation, and Digidelta cannot be held liable or in any way burdened, by any consequence resulting from the suspension, annulment, cancellation of the Service.
9.4. In the above situations, Digidelta will notify the User in advance so that it may, if so chosen, safeguard the content of his/her order visualization area within 3 (three) working days from sending the email or making the information available on the main page of the Service.
10.1. Without prejudice to other forms of notifications provided for in these General Terms and Conditions, notifications made to the User relating to the Service, including any changes to these General Terms and Conditions, may be consulted on the website.
10.2. The User agrees to receive any and all notifications related to the Online Store, to the address, contact phone and or email address indicated in the ordering process.
At any time, you may request non-receipt of these communications and/or notifications through the Contact Form or through the option for not receiving the Newsletter, entered in each Newsletter.
11.2. The version in force at any given time of these General Conditions and its Annexes is available on the website www.decal-adhesive.com.
12.1. You may use the alternative settlement body for consumer litigations in order to submit any contractual conflicts to the arbitration and mediation mechanisms that are or will be legally constituted, as well as to complain to Digidelta of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
12.2. The complaint shall be submitted within a maximum of 30 (thirty) days, since the moment the User is aware of the facts, and be registered in Digidelta's information systems, who shall decide the complaint and notify the person concerned within a maximum period of 30 (thirty) days from the date of receipt.
The Contract is governed by Portuguese Law.