Terms and Conditions XOTIKA
Online Store Terms and Conditions Xotika
- Scope and Purpose of the Store's General Conditions
These General Conditions are intended, together with the order form and the other elements referred to therein, to govern the terms and conditions under which the Xotika Online Store Service ("Service" or "Store") will be provided by Xotika, with registered office at R. Prof. Tiago Godinho 196, 3720-133 Oliveira de Azeméis, under the unique registration and legal entity identification number 514 421 649, hereinafter referred to as "Xotika".
The Service consists of making available, through the address "xotika.pt", access to the Online Store which, in addition to providing information about a set of products and/or services, allows the User, electronically, to order the products displayed therein, under the terms and conditions described herein.
Products may only be ordered by Users aged 18 (eighteen) or over (individuals under that age must have authorisation from their legal representatives). The data and information transmitted by the User will have full legal effect, and the User acknowledges electronic purchases, and may not claim lack of signature to avoid fulfilling the obligations assumed.
- Product Information and Content
Xotika will make every effort to ensure the information presented is free of typographical errors, which will be promptly corrected whenever they occur. If you purchase a product with characteristics different from those shown online, you have the right to terminate the purchase contract under the applicable legal terms (right of free withdrawal - see point 9).
Xotika will make every effort to send all ordered products, but it is possible that, in certain cases and due to causes that are difficult for Xotika to control, such as human error or IT system incidents, it may not be possible to provide some of the products requested by the User. If a product is unavailable after the order has been placed, you will be notified by email or telephone. At that point you will be offered the option to cancel the order with a corresponding refund, if you have already made the respective payment.
All information about prices, products, specifications, promotional campaigns and services may be changed at any time by Xotika.
- Responsibilities
3.1 All products and services sold in the Xotika Online Store comply with Portuguese law.
3.2 The Store has adequate security levels; however, Xotika will not be liable for any losses suffered by the User and/or third parties as a result of 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 the download of files infected with or containing viruses or other properties that may affect the User's equipment. If, for any reason of error in accessing the Xotika Online Store website, the service cannot be provided, Xotika will not be liable for any resulting losses.
3.3 Queries of data and information made within the scope of this Service are presumed to be made by the User, and Xotika declines any liability arising from abusive or fraudulent use of the information obtained.
3.4 Xotika will not be liable for any loss or damage caused by abusive use of the Service that is not directly attributable to it by way of intent or gross negligence.
3.5 Xotika is not liable for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of intent or gross negligence, and is not liable in particular for (i) errors, omissions or other inaccuracies relating to information provided through the Service; (ii) damage caused by the fault of the User or third parties, including intellectual property infringements; (iii) non-compliance or defective performance resulting from compliance with court decisions or administrative authorities' decisions; or (iv) non-compliance or defective performance resulting from force majeure events, i.e. situations of an extraordinary or unforeseeable nature, external to Xotika and beyond its control, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond Xotika's control that prevent or hinder the fulfilment of the obligations assumed.
3.6. Xotika does not guarantee that:
- i) the Service will be provided uninterruptedly, be secure, error-free or function indefinitely;
- ii) the quality of any product, service, information or any other material purchased or obtained through the Service will meet any expectation the User may have 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 User being solely responsible for any damage caused to their 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 from or through the Service will create any warranty not expressly set out in these General Conditions.
3.7. The User accepts that Xotika cannot in any way be held liable for any damage, including but not limited to, damage due to loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of such damage occurring), resulting from:
- i) the use or impossibility of using the Service;
- ii) the difficulty of obtaining any substitute for goods/services;
- iii) unauthorised access to or modification of personal databases.
- Consumer Obligations
4.1. The user undertakes to:
- i) Provide correct personal data and addresses;
- ii) Not use false identities;
- iii) Respect the 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 processing the order, or a possible non-delivery, the responsibility lies with the User, and Xotika declines any liability. In the event that the consumer breaches any of these obligations, Xotika reserves the right to cancel future purchases, block access to the store, cancel the supply of any other services provided simultaneously by Xotika to the same User; and, furthermore, not to allow the User future access to any service(s) provided by Xotika.
4.3. The use of purchased products and services for commercial purposes, namely for the resale of goods, is expressly prohibited.
- Privacy and Personal Data Protection
5.1. Xotika guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as mandatory are essential for the provision of the Service by Xotika. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to refusal to provide the Service by Xotika.
5.3. The User's personal data will be processed and stored electronically and are intended to be used by Xotika within the scope of the contractual and/or commercial relationship with the User and, if authorised by the User, for commercial purposes, which will be INDICATED ON A CASE-BY-CASE BASIS AND IN ACCORDANCE WITH THE SPECIFIC PURPOSE OF THE COMPANY.
5.4. Under the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify, obtain a copy of, delete and update their personal data, directly or by written request, as well as the right to object to their use for the purposes set out in the previous paragraph, and should contact the entity responsible for processing the personal data: Xotika.
5.5. The Internet is an open network, so the User's personal data, other personal information and all content hosted on the Service may circulate over the network without security conditions, even running the risk of being accessible to and used by unauthorised third parties, and Xotika cannot be held liable for such access and/or use.
- Order Cancellation
6.1 At the User's request
The User may cancel their order by requesting it from Xotika by telephone or email stating the order number, which will be accepted as long as the order has not yet been processed. After processing, Xotika will attempt to deliver it, but the User has the option of not accepting it.
For cancellation purposes the User must provide Xotika with the following information:
- a) Order number
- b) NIF with which the order was placed and delivery address
6.2 By Xotika's decision
Xotika reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. Xotika 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 result from technical problems or errors beyond Xotika's control.
- Returns (Right of Withdrawal)
7.1. The User, if a consumer, may exercise the right of withdrawal without being required to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods.
To exercise this right, the User may use the template indicated below, stating all their identification details, the subscribed service they wish to withdraw from and the subscription date. The communication must be made by letter, by returning the purchased goods, or by another appropriate and provable means within the period defined above.
The consumer must, within 14 (fourteen) days from the date of the withdrawal notice, return the goods to Xotika in proper condition of use.
Template for the free-withdrawal form (only fill in and return this form if you wish to terminate the contract)
- To [insert here the name, geographical address and, where applicable, the fax number and email address of the trader]:
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*) — Ordered on (*)/received on (*) —
Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper). (*) Delete as appropriate.
The packaging must be returned complete, as delivered, together with all documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and the documents indicated must be sent free of charge to the following address:
Xotika
R. Prof. Tiago Godinho 196, 3720-133 Oliveira de Azeméis
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
7.2. After receipt of the return at Xotika, the amount corresponding to the value paid for the order (value of the sales invoice) will be refunded to the User. If a promotional discount code was used, that amount will not be refunded, i.e. the refund will only be for the amount actually paid.
7.3. The method of refunding the amount to be returned depends on the payment method used for the respective order. In the case of payments by credit card and PayPal, these are credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by cheque to the billing address. The refund is made within 14 days after receipt of the intention of free withdrawal and of receipt of the returned goods.
7.4. If any of the components of the sold item is missing, or if any of them is not in excellent condition, no refund of the price or shipping will take place, and the product will be sent back to the original shipping address.
- Manufacturing Defect
8.1. In the event of a "manufacturing defect", i.e. when faults are detected in equipment that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, together with a copy of the invoice and the completed "Equipment Exchange/Return Request" form, within a maximum of 30 consecutive days from the invoice date, to the following address:
Xotika
R. Prof. Tiago Godinho 196, 3720-133 Oliveira de Azeméis
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
8.2. In order for the product exchange to take place, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all its components, in excellent condition.
8.3. If any of the aforementioned elements is missing, or if any of the components is not in excellent condition, no exchange will take place and the product will be returned to the User.
9. Warranty
9.1. All equipment available in the Store is duly certified by the competent international bodies.
9.2. Equipment and accessories have a warranty period defined by the manufacturer, which under the law is at least 2 (two) years. This period is counted from the date of the equipment's invoice and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.
9.3. Equipment that has exceeded the period defined by the manufacturer or shows defects caused by abnormal wear, improper installation, weather conditions, electrical discharges, negligence or accidents, poor handling, moisture/liquid infiltration, use of non-original accessories and technical interventions by unauthorised personnel is considered outside the warranty conditions.
9.4. If the equipment breaks down, and is covered by the warranty, the User may take it, together with the respective proof of purchase and/or warranty, to a brand technical assistance centre.
9.5. Accessories covered by the warranty that break down must be sent, with the respective proof of purchase and/or warranty, to the following address:
Xotika
R. Prof. Tiago Godinho 196, 3720-133 Oliveira de Azeméis
If the User chooses other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT receipt proving shipment of the order.
9.6. If the equipment breaks down and this breakdown is not covered by the warranty, the User may take it, together with the respective proof of purchase, to a brand technical assistance centre.
- Intellectual Property
10.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Xotika.
10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
10.3. The User acknowledges that any content appearing in advertising, highlights, promotion or mention of any sponsor or advertiser is protected by the laws on copyright and related rights, by the laws on industrial property and other property protection laws, so any use of such content may only occur under the express authorisation of the respective rights holders.
10.4. The User undertakes to fully respect the rights referred to in the previous paragraph, in particular refraining from carrying out any acts that may violate the law or those rights, such as the reproduction, marketing, transmission or making available to the public of such content or any other unauthorised acts whose object is the same content.
11. Service Security Conditions
11.1. The User undertakes to comply with all applicable legal provisions, namely not to carry out or encourage the practice of unlawful acts or acts offensive to good morals, 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 Service's rules of use, under penalty of Xotika suspending or deactivating the Service under the terms set out in point 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and as such, subject to computer overloads, so Xotika does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. Xotika also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it relies or of force majeure (situations of an extraordinary or unforeseeable nature, external to Xotika and which cannot be controlled by it).
11.4. In the event of interruption of the Service due to unforeseeable overload of the systems on which it relies, Xotika undertakes to restore its operation as soon as possible.
- Suspension and Deactivation of the Store Service
12.1. Regardless of any prior or subsequent communication, Xotika may, at any time and at its sole discretion, discontinue the availability of the Service and/or part of the Service to one or all Users.
12.2. Xotika also reserves the right to suspend or immediately terminate access to the Service in the following cases:
- a) When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
- b) When Xotika terminates access to the Store, by prior notice 15 days before the termination date.
12.3. The suspension or termination of the Service by Xotika, under the terms of the previous paragraphs, does not give the User or third parties the right to any compensation or other recompense, and Xotika cannot be held liable or in any way burdened for any consequence resulting from the suspension, cancellation or termination of the Service.
12.4. In the situations described above, Xotika will notify the User in advance so that the latter may, if they wish, safeguard the content of their order-viewing area within 3 (three) working days from the sending of the email or the availability of the information on the main page of the Service.
13. Communications
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including possible changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact.
13.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, at the address, contact telephone number and/or email address ("e-mail") indicated in the order process.
At any time, you may request not to receive these communications and/or notifications through the Contact Form or through the "Don't receive the Newsletter" option included in each Newsletter.
- Technical Configurations
14.1. Without prejudice to the following paragraph, Xotika may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.
14.2. The version in force at any given time of these General Conditions and their annexes is available on the website Xotika.com
15. Communications
15.1. Whenever Xotika deems it necessary or convenient to optimise the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
15.2. Without prejudice to the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, Xotika may change its technical settings whenever it is convenient to adapt it to possible technological developments.
15.3. Xotika does not, however, guarantee the User any upgrades or improvements to the Service.
15.4. Some upgrades or new features of the Service may be available only upon payment by the User and/or subscription by the User to Specific Conditions of Use.
- Complaints
16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may come to be legally constituted, as well as complain to Xotika about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The complaint must be submitted within a maximum of 30 (thirty) days, counted from the User's knowledge of the facts, and will be recorded in Xotika's information systems, which must decide the complaint and notify the interested party within a maximum of 30 (thirty) days from the date of receipt.
- Applicable Law
The Contract is governed by Portuguese law.
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