Terms and Conditions for the Online Shop
1. Scope and Object of the General Conditions of the Store
These General Conditions are intended to regulate the terms and conditions governing the provision of the TAMAR.PT Online Shop Service, headquartered at Rua António Barbosa Viana, 14-16, Lagos, Portugal.
The ordering of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing the electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
2. Product Information and Content
TAMAR Boutique will do everything possible 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 characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free resolution – see point 7).
TAMAR Boutique will do everything possible to send all the products ordered, but in certain cases and due to causes hardly controllable by TAMAR Boutique, such as human errors or incidents in computer systems, it might not be possible to make available the products requested by the User. If any product is not available after placing the order, you will be notified by email or telephone. At that time, you will be presented with the possibility to cancel the order with the respective refund, if you have already made the respective payment.
All information on prices, products, specifications, promotional actions and services may be changed at any time by TAMAR Boutique.
3.1 All products and services sold in the TAMAR Online Shop are in accordance with Portuguese Law.
3.2 The Online Shop has adequate security levels, however, TAMAR Boutique will not be responsible for any losses suffered by the User and / or by 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 any computer viruses, or resulting from downloading infected files containing viruses or other properties that may affect the User’s equipment. If, for any reason of error in accessing the TAMAR Online Shop website, it is impossible to provide a service, TAMAR Boutique will not be responsible for any losses.
3.3 TAMAR Boutique is not responsible for the loss or damages resulting from the non-fulfillment or defective performance of the Service when this is not directly or indirectly attributable by intent or serious fault.
3.4 TAMAR Boutique does not guarantee that:
i) the Service is provided uninterruptedly, is safe, without errors or works infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to it;
4. Consumer Obligations
4.1. The user undertakes to:
i) Provide correct personal data and postal addresses;
ii) Do not use false identities;
iii) Respect imposed order limits.
4.2. If any of the data is incorrect or insufficient, and for that reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and TAMAR Boutique declines any responsibility. In the event that the consumer breaches any of these obligations, TAMAR reserves the right to eliminate future purchases, block access to the store and Online Shop, cancel the supply of any other services provided simultaneously by TAMAR Boutique to the same User; and, still, not allow the future access of the User to any or any available services.
4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of reselling goods.
5. Privacy and Protection of Personal Data
5.1. TAMAR Boutique guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as mandatory supply are indispensable for the provision of the Service by TAMAR Boutique. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service.
5.3. The User’s personal data will be processed and stored electronically and are intended only to be used by TAMAR Boutique within the scope of the contractual and / or commercial relationship with the User.
5.4. The Internet is an open network, so it might be that the User’s personal data and other personal information may circulate on the internet without security conditions, including the risk of being accessible and used by unauthorized third parties. TAMAR Boutique cannot be held responsible for such access and / or use outside of TAMAR.PT website.
6. Order cancellation
6.1 At the request of the User.
The User may cancel his order by requesting it to TAMAR Boutique through the telephone number or e-mail referring the order number, which will be accepted as long as the order has not yet been processed. After its processing, TAMAR will try 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 TAMAR Boutique:
- a) Order number and delivery address
- b) Returned payment method and details
6.2 By decision of TAMAR Boutique.
TAMAR Boutique reserves the right not to process orders when it finds any inconsistency in the personal data presented.
7. Returns Policy (Right of Resolution)
7.1. The User, in the case of being a consumer, can exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the property.
The communication must be made by letter, through the return of the acquired asset, or by another appropriate and susceptible means of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of the communication of the resolution, return the goods to TAMAR in the proper conditions of use.
The packaging must be returned complete, as it was delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document that proves the receipt of the product.
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
7.2. Upon receipt of the return at TAMAR, the User will be returned the amount corresponding to the amount paid for the order (value of the sales invoice).
7.3. The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments by credit card and PayPal, these are credited to the respective accounts. In the remaining cases, when NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The reimbursement is made up to 14 days after the receipt of the desire for free resolution and the receipt of the return of the asset.
7.4. In the absence of any of the components of the item sold or, if not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.
8. Manufacturing defect
8.1. In case of “manufacturing defect”, the User must return the equipment, together with a copy of the invoice, within a maximum period of 30 consecutive days from the invoice date, to the following address: Rua António Barbosa Viana, 14-16, Lagos, Portugal.
If the User chooses other forms of shipping return, the respective shipping costs will be his responsibility.
9.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to TAMAR Boutique of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
9.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the information systems of TAMAR Boutique that must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
The Contract is governed by Portuguese law.