Scope and Object of the General Store Conditions
These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the sale of products in the spotproprofissional.pt Online Store by Biolândia – Prestação de Serviços, Unipessoal, Lda, with headquarters at DNA Cascais, Ninho de Empresas DNA, Cruz da Popa, 2645-449 Alcabideche, under the unique registration and identification number of legal person nº 504091093, with share capital of €20,000, hereinafter referred to as " The Smart Wash for laundry".
The Service consists of providing, through the address www.spotproprofissional.pt, access to the Online Store which, in addition to providing information relating to a set of products and/or services, 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 (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, with the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
2. Product Information and Contents
The Smart Wash for laundry 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 (right to free resolution - see point 9).
The Smart Wash for laundry 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 The Smart Wash for laundry to control, such as human errors or incidents in the computer systems, it will not be possible to possible to make any of the products requested by the User available. 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 The Smart Wash for laundry.
3. Responsibilities
3.1 All products and services sold in The Smart Wash for laundry Online Store are in accordance with Portuguese Law.
3.2 The Store has adequate levels of security, however The Smart Wash for laundry 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 outside of 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 resulting from downloading through the service of infected files or containing viruses or other properties that may affect the User's equipment. If, for any reason, due to an error in accessing the The Smart Wash for laundry Online Store website, it is impossible to provide the service, Biolândia will not be responsible for any losses.
3.3 Data and information consultations carried out within the scope of this Service are presumed to have been carried out by the User, and Biolândia declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Biolândia 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 Biolândia 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) by non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or (iv) by non-compliance or defective performance resulting the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside Biolândia 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 Biolândia that prevent or harm the fulfillment of the obligations assumed.
3.6. Biolândia does not guarantee that:
1. i) the Service is provided uninterruptedly, is secure, error-free or functions infinitely;
2. ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any User's expectations regarding the same;
· 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.
1. 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 Biolândia cannot in any way be held responsible for any damages, 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 the occurrence of these damages), resulting in:
1. i) the use or inability to use the Service;
2. ii) the difficulty in obtaining any substitute for goods/services;
· iii) unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
1. i) Provide personal data and correct addresses;
2. 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 Biolândia declines any responsibility. If the consumer violates any of these obligations, Biolândia reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services simultaneously made available by Biolândia to the same User; and, furthermore, not allow the User future access to any or all services provided by Biolândia.
4.3. The use of products and services purchased for commercial purposes, namely for the purpose of reselling goods, is expressly prohibited.
5. Privacy and Protection of Personal Data
5.1. Biolândia 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 Biolândia. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Biolândia 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 Biolândia within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND DE AGREEMENT WITH THE COMPANY’S OBJECTIVE IN CONCRETE
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 the use of the same for the purposes set out in the previous number, and for this purpose you must contact the entity responsible for processing personal data: Biolândia – Prestação de Serviços Unipessoal, Lda.
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 on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for the effect, and Biolândia cannot be held responsible for this access and/or use.
6. Order cancellation
6.1 At the User's request
The User may cancel their order by requesting it to Biolândia via telephone number or email referring to the order number, which will be accepted as long as it has not yet been processed. After processing, Biolândia 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 Biolândia:
1. a) Order number
2. b) NIF with which you placed the order and delivery address
6.2 By decision of Biolândia
Biolândia 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. Biolândia 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 Biolândia's control.
7. Return (Right of Resolution)
7.1. The User, if he or she 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 physical possession of the good.
To exercise this right, the User may use the draft indicated below, and must indicate all their identification data, the subscribed service they wish to purchase and the date of subscription. Communication must be made by letter, by returning the purchased item, or by other appropriate means capable of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to Biolândia in the appropriate conditions of use.
Draft for free termination form (you should only fill out and return this form if you want to terminate the contract)
- For Biolândia – Provision of Services Unipessoal, Lda, DNA Cascais, Ninho de Empresas DNA, Cruz da Popa, 2645-449 Alcabideche, e-mail: ola@biolandia.pt:
- I hereby announce (*) that I have resolved (*) my/our (*) purchase and sale contract relating to the following good/for the provision of the following service (*) — Requested on (*)/received in (*) -
Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper). (*) Delete what is not relevant.
The packaging must be returned complete, as it was delivered and accompanied by all documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and documents indicated must be sent free of charge to the following address:
Biolândia – Provision of Services Unipessoal, Lda.
DNA Cascais, Ninho de Empresas DNA, Cruz da Popa, 2645-449 Alcabideche
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
7.2. Upon receipt of the return at Biolândia, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice). If you used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
7.3. The refund method for the amount to be returned depends on the payment method used in the respective order. In the case of credit card and PayPal payments, 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 check to the billing address. The refund is made up to 14 days after receipt of the free will and receipt of the return of the item.
7.4. If any of the components of the item sold are missing or if any of them are not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent back to the initial shipping address.
8. Manufacturing defect
8.1. In the event of a "manufacturing defect", that is, when faults are detected in the 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 “Order” form. “Equipment Exchange/Return” form completed, within a maximum period of 30 consecutive days from the date of the invoice, to the following address:
Biolândia – Provision of Services Unipessoal, Lda
DNA Cascais, Ninho de Empresas DNA, Cruz da Popa, 2645-449 Alcabideche
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) 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.
9.Warranty
9.1. All equipment available in the Store is duly certified by the competent international entities.
9.2. Equipment and accessories have a warranty period defined by the manufacturer, which under legal terms is at least 2 (two) years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the duly completed warranty certificate and/or proof of purchase (invoice).
9.3. Equipment that has exceeded the period defined by the manufacturer or presents defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, poor handling, infiltration of moisture/liquids, use of accessories not originals and technical interventions by unauthorized personnel.
9.4. If the equipment fails, and if it is covered by the warranty, the User can go with it, and respective proof of purchase and/or warranty, to a technical assistance center of the brand.
9.5. Accessories covered by the warranty, which are damaged, must be sent, with the corresponding proof of purchase and/or warranty, to the following address:
Biolândia – Provision of Services Unipessoal, Lda.
DNA Cascais, Ninho de Empresas DNA, Cruz da Popa, 2645-449 Alcabideche
If the User chooses other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT receipt that proves the order was sent.
9.6. If the equipment fails and this failure is not covered by the warranty, the User may take the equipment, and respective proof of purchase, to a technical assistance center of the brand.
10. Intellectual Property
10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of Biolândia.
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 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.
10.4. 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.
11.Service Security Conditions
11.1. 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 Biolândia suspending or deactivating the Service under the terms set out in point 14.
11.2. The User expressly recognizes and accepts that the IP Network constitutes a public electronic communications network capable of being used by several users, and as such, subject to IT overloads, so [NAME] does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. Biolândia 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, outside Biolândia and which cannot be controlled by it).
11.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Biolândia undertakes to regularize its operation as quickly as possible.
12.Suspension and deactivation of the Store Service
12.1. Regardless of any prior or subsequent communication, Biolândia 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.
12.2. Biolândia also reserves the right to immediately suspend or terminate access to the Service, in the following cases:
1. a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
2. b) When Biolândia ceases access to the Store, upon prior notice 15 days in advance of the date of cessation.
12.3. The suspension or termination of the Service by Biolândia, 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 Biolândia cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
12.4. In the situations described above, Biolândia will notify 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 it available information on the Service's main page.
13. Communications
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that are related to the Service, including any 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, to the address, contact telephone number and/or electronic mail (“e-mail”) indicated in the order process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.
14.Technical Settings
14.1. Without prejudice to the provisions of the following number, Biolândia 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.
14.2. The version currently in force of these General Conditions and their annexes is available on the website DNA Cascais, Ninho de Empresas DNA, Cruz da Popa, 2645-449 Alcabideche
15. Communications
15.1. Whenever Biolândia deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
15.2. 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, Biolândia may change its technical configurations whenever this proves convenient to adapt it to possible technological developments.
15.3. However, Biolândia does not guarantee the User that any upgrades or improvements to the Service will be made.
15.4. 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.
16. Complaints
16.1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Biolândia about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. 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 Biolândia's information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days. days from the date of receipt.
17. Applicable Law
The Contract is governed by Portuguese law.