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Terms & Conditions

TERMS AND CONDITIONS

SHOP TERMS AND CONDITIONS SGTMARTINHO.COM

1. Scope and Purpose of the General Conditions of the Store

These General Conditions are intended, with the order form, and the other elements referred to in them, to regulate the terms and conditions governing the provision of the Online Store www.sgtmartinho.com by SGTM – Torrefatora Lisboeta, LDA , Under the single registration and identification number of legal person no. 513660143, hereinafter referred to as “Sgt. Martin. “

The Service consists of the availability, through the address www.sgtmartinho.com of access to the Online Store, which, in addition to providing information on a set of products, allows the User to electronically order the products disclosed on the terms and conditions Described herein.

Ordering products must be made by Users who are 18 or older (eighteen) years old (individuals under the age of the child must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User’s electronic purchases, and can not claim the lack of signature for non-compliance with the obligations assumed.

2. Product Information and Contents

Sgt. Martinho 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 different characteristics to those presented online, you have the right to proceed with the resolution of the purchase agreement in accordance with applicable legal terms (right of free resolution – see point 9).

Sgt. Martinho will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to be controlled by Sgt. Martinho, such as human errors or incidences in the IT systems, it is not possible to make available any of the Products ordered by the User. If any product is not available after you have placed the order, you will be notified, by email or by phone. At this point you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment.

All information about prices, products, specifications, promotional actions and services may be changed at any time by Sgt. Martinho.

3.Responsibilities

3.1 All the products and services commercialized in the Online Shop www.sgtmartinho.com are in accordance with the Portuguese Law.

3.2 The Store has the adequate levels of security, however, Sgt. Martinho will not be liable for any damages suffered by the User and / or third parties due to delays, interruptions, errors and suspensions of communications that originate in factors outside his / her In particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, the modems, the connection software or any computer viruses or from downloading via the file service Infected or containing viruses or other property that may affect Your equipment. If for any reason of error of access to the Sgt. Martinho Online Shop, it is impossible to provide a service, Sgt. Martinho will not be liable for any damages.

3.3 Inquiries of data and information made within the scope of this Service are presumed to be made by the User, and Sgt. Martinho declines any responsibility arising from the misuse or fraudulent use of the information obtained.

3.4 Sgt. Martinho shall not be liable for any loss or damage caused by abusive use of the Service that is not directly attributable to it as a felony or gross negligence.

3.5 Sgt. Martinho is not liable for any loss or damage resulting from a breach or defective performance of the Service when it is not directly or indirectly attributable to it as a felony or gross negligence, and is not responsible in particular for (i) errors, omissions or other Inaccuracies regarding information made available through the Service; (Ii) damages caused by the fault of the User or third parties, including infringements of the intellectual property, (iii) failure or defective performance resulting from compliance with judicial decisions or administrative authorities or (iv) failure or defective compliance Situations of extraordinary or unforeseeable nature outside Sgt. Martinho and which can not be controlled, such as fires, power cuts, explosions, wars, riots, civil unrest, decisions Governmental organizations, strikes, earthquakes, floods or other natural disasters or other situations not controllable by Sgt. Martinho that prevent or impair the fulfillment of the obligations assumed.

3.6. Sgt. Martinho does not guarantee that:

I) the Service is provided uninterrupted, is safe, without errors or operates 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;

Iii) any material obtained in any way through the use of the Service is used at the risk and risk of the User, who is solely responsible for any damage caused to his system and computer equipment or any loss of data resulting from such operation.

Iv) no advice or information, either 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 agrees that Sgt. Martin can not be held liable for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if it has been previously advised by the User on The possibility of such damages), resulting:

I) the use or impossibility of using the Service;

Ii) the difficulty of obtaining any substitute of goods / services;

(Iii) unauthorized access or modification to personal databases.

4. Consumer Obligations

4.1. The user undertakes to:

I) Provide correct personal data and addresses;

Ii) Do not use false identities;

Iii) Respect the limits of orders imposed.

4.2. If any of the data is incorrect or insufficient, and therefore there is a delay or impossibility in the processing of the order, or any non-delivery, the responsibility is the User, and Sgt. Martinho declines any responsibility. In the event that the consumer breaches any of these obligations, Sgt. Martinho reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Sgt. Martinho to the same User; And, further, do not allow the future access of the User to any or any services provided by Sgt. Martinho.

5. Privacy and Protection of Personal Data

5.1. Sgt. Martinho guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as being of obligatory supply are indispensable for the provision of the Service by Sgt. Martinho. The omission or inaccuracy of the data provided by the User is of its sole and entire responsibility and may give rise to the refusal to provide the Service by Sgt. Martinho.

5.3. The personal data of the User will be processed and stored by computer and are intended to be used by Sgt. Martinho in the scope of the contractual and / or commercial relationship with the User.

5.4. In accordance with the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update his / her personal data, either directly or through a written request, as well as the right to oppose the use of the same for the purposes Previous number, and for this purpose, contact the entity.

5.5. The Internet is an open network, so that the personal data of the User, other personal information and all content hosted on the Service may circulate in the network without security conditions, including the risk of being accessible and used by unauthorized third parties. The effect, and Sgt. Martinho can not be held liable for such access and / or use.

6. Cancellation of orders

6.1 At the request of the User

The User may cancel your order by requesting it to Sgt. Martin through the telephone number or e-mail indicating the order number, which will be accepted as long as it has not yet been processed. After its processing, Sgt. Martinho will try to deliver the same, but the User has the option of not accepting it.

For the purpose of cancellation the User must indicate the following data to Sgt. Martinho:

A) Order number

B) NIF with which you placed the order and delivery address

6.2 By decision of Sgt. Martinho

Sgt. Martinho reserves the right not to process orders when it finds any inconsistency in the personal data presented or to observe misconduct on the part of the buyer. Sgt. Martinho reserves the right not to process any order or refund, in case of errors in the values and / or characteristics of the products, when these arise from technical problems or errors not related to Sgt. Martinho.

7. Return (Right of Resolution)

7.1. The User may, in the case of a consumer, exercise the right of withdrawal without any compensation being demanded, within 14 (fourteen) days from the day on which the consumer acquires the physical possession of the good.

In order to exercise this right, the User may use the draft indicated below, and must indicate all of his identification data, the subscribed service that he wishes to resolve and the date of subscription. The communication must be made, by letter, through the return of the acquired good, or by another suitable and testable means within the deadline defined above.

The consumer must, within 14 (fourteen) days from the date of the communication of the resolution, return the goods to Sgt. Martinho under proper conditions of use.

Draft for free resolution form (you must only complete and return this form if you want to terminate the contract)

– To [insert here the name, geographical address and possibly the email address of the professional]:

– I hereby inform / inform (*) that I resolve / resolve (*) my / our (*) purchase agreement for the following goods / for the following service (*) – Requested in (*) / received in (*) –

Name of the consumer (s) – Address of the consumer (s) – Signature of the consumer (s) (only if this form is notified on paper). (*) Delete where not applicable.

The packaging must be returned complete, as it has been delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document proving receipt of the product. The packaging and the indicated documents should be sent free of charge to the following address:

Sgt. Martinho – Torrefatora Lisboeta

Tv Artur Lamas, n. 6 – 2 B. 1300-079 Lisbon. Portugal

If you choose other forms of return, the respective shipping costs will be your responsibility.

7.2. Upon receipt of the return in Sgt. Martinho will be returned to the User the value corresponding to the amount paid for the order (value of the sales invoice). If you have used a promotional discount code, this amount will not be refunded, ie the refund will only be for the amount actually paid.

7.3. The refund method for the returned amount depends on the payment method used in your order. In the case of credit card and PayPal payments, these are credited to their 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 will of free resolution and the receipt of the return of the property.

7.4. In the absence of any of the components of the item sold, or if any of them are not in an excellent state of preservation, no refund of the price or shipping will be made and the product will be returned to the original shipping address.

8.Defective manufacturing

8.1. In case of a “manufacturing defect”, that is, when faults are detected in equipment that does not, in principle, fall within the scope of the warranty, the User must return the equipment together with a copy of the invoice and the form “Order Of Equipment Change / Return “completed, within a maximum period of 30 consecutive days from the date of invoice, to the following address:

Sgt. Martinho – Torrefatora Lisboeta

Tv Artur Lamas, n. 6 – 2 B. 1300-079 Lisbon. Portugal

If you choose other forms of return, the respective shipping costs will be your responsibility.

8.2. To ensure that the product can be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all the constituent components in an excellent condition.

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.

9.Warranty

9.1. All equipment available at the Store is duly certified by the competent international entities.

9.2. The equipment and accessories have a warranty period defined by the manufacturer, which in legal terms is at least 2 (two) years. This period is considered from the date of invoice of the equipment 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 is defective due to abnormal wear, improper installation, weather, lightning, negligence or accident, improper handling, moisture / liquid infiltration, non- Originals and technical interventions by unauthorized personnel.

9.4. If the equipment fails, and if it is covered by the warranty, the User may contact the Customer Service Center with the same and proof of purchase and / or warranty.

9.5. The accessories covered by the guarantee, which break down, must be sent with the corresponding proof of purchase and / or guarantee, to the following address:

Sgt. Martinho – Torrefatora Lisboeta

Tv Artur Lamas, n. 6 – 2 B. 1300-079 Lisbon. Portugal

If you choose other forms of return, the respective shipping costs will be your responsibility. The User must always request the CTT Ticket that proves the sending of the order.

9.6. If the equipment fails and this fault is not covered by the warranty, the User may contact the Customer Service Center with the same and proof of purchase.

10. Intellectual Property

10.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Sgt. Martinho.

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. You acknowledge that any content appearing in the advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, so Any use of such content may only occur under the express authorization of the respective owners.

10.4. The User undertakes to respect in full the rights referred to in the preceding paragraph, namely to refrain from any acts that may violate the law or said rights, such as reproduction, marketing, transmission or placement To the public’s disposal of such contents or any other unauthorized acts that have as their object the same contents.

11. Service Security Terms

11.1. 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 Applicable to the processing of personal data and advertising communications through automatic calling devices, and shall also observe the rules of use of the Service, otherwise Sgt. Martinho will suspend or deactivate the Service in accordance with the provisions of item 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, reason why Sgt. Martinho does not guarantee the provision of the Service without interruptions, loss of Information or delays.

11.3. Sgt. Martinho also does not guarantee the provision of the Service in situations of unpredictable overload of the systems in which it is supported or of force majeure (situations of an extraordinary or unforeseeable nature, external to Sgt. Martinho and that can not be controlled by it) .

11.4. In the event of interruption of the provision of the Service due to unpredictable overload of the systems in which it is supported, Sgt. Martinho undertakes to regularize its operation as soon as possible.

12. Suspension and deactivation of Shop Service

12.1. Regardless of any prior or subsequent communication, Sgt. Martinho may, at any time and in its sole discretion, discontinue the provision of the Service and / or part of the Service to one or all Users.

12.2. Sgt. Martinho also reserves the right to suspend or immediately cease access to the Service, in the following cases:

A) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;

B) When Sgt. Martinho ceases access to the Lodge, by giving prior notice 15 days prior to the date of termination.

12.3. Suspension or termination of the Service by Sgt. Martinho, under the terms of the previous numbers, does not matter the right of the User or third parties to any compensation or other compensation, and Sgt. Martinho can not be held responsible or in any way burdened by any consequence Resulting from the suspension, cancellation, cancellation of the Service.

12.4. In the situations described above, Sgt. Martinho will communicate to the User, in advance so that he may want to safeguard the contents of his area of view of orders within 3 (three) business days from the sending of the e-mail Or making the information available on the Service homepage.

13.Communications

13.1. Without prejudice to other forms of communication set forth in these General Conditions, notifications made to the User that relate 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 communication and / or notification related to the Online Store, to the address, telephone number and / or e-mail address (“e-mail”) indicated in the ordering process.

At any time, you may request that you do not receive these communications and / or notifications through the Contact Form or through the option “Do not receive the Newsletter” entered in each Newsletter.

14. Technical Settings

14.1. Without prejudice to the provisions of the following paragraph, Sgt. Martinho may change the Service and / or the technical conditions for its provision, as well as the respective rules of use, and shall disclose such changes to the User at least fifteen (15) days.

14.2. The current version of these General Conditions and their annexes is available at www.sgtmartinho.com

15. Communications

15.1. Whenever Sgt. Martinho deems it necessary or desirable to optimize the browsing experience and / or improve connectivity conditions, it can remotely reshape the network settings.

15.2. Notwithstanding the provisions of the following paragraphs, and considering the innovative nature of the Service and the technological evolutions to which it may be subject, Sgt. Martinho may change the technical configurations of the Service whenever this proves convenient to adapt to any technological developments.

15.3. Sgt. Martinho does not, however, guarantee the User to perform any upgrades or improvements to the Service.

15.4. Some upgrades or new functionalities of the Service may be available only against payment by the User and / or subscription, for the same, of Specific Conditions of use.

16. Complaints

16.1. The User may submit any contractual conflicts, arbitration and mediation mechanisms that are or may be legally constituted, as well as claim from Sgt. Martinho acts and omissions that violate the legal provisions applicable to the acquisition of assets.

16.2. The complaint must be filed within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being recorded in the information systems of Sgt. Martinho that should decide the complaint and notify the interested party within a maximum period of 30 Thirty (30) days from the date of receipt.

17. Governing Law

The Agreement is governed by Portuguese law.