Terms and Conditions

1. 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 under which the provision of the Online Store Service will be governed. Eleganziano with headquarters Rua Instituto Conde de Agrolongo no: 47 – 1o Dto. Oeiras 2770-082 Paço de Arcos – Portugal, under the unique registration and identification number of legal person no. 219946167 , hereinafter referred to as “Eleganziano “.

The Service consists of making available, through the address https://www.eleganziano.com/ 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 XNUMX must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effect, 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

A Eleganziano 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).

A Eleganziano 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 to control by Eleganziano , such as human errors or incidents in computer systems, it is not 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 Eleganziano .

3. Responsibilities

3.1 All products and services sold in the Online Store Eleganziano are in accordance with Portuguese Law.

3.2 The Store has adequate security levels, however the Eleganziano 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 beyond its control, namely, any deficiencies or failures caused by the communications network or services of communications provided by third parties, by the computer system, modems, connection software or possible computer viruses or resulting from the downloading through the service of infected files or containing viruses or other properties that may affect the User’s equipment. If for any reason there is an error accessing the Online Store website Eleganziano it is impossible to provide the service, the Eleganziano 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, declining Eleganziano any liability arising from the abusive or fraudulent use of the information obtained.

3.4 A Eleganziano 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 A Eleganziano 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 information made available through the Service;
(ii) damages caused by the fault of the User or third parties, including violations of intellectual property;
(iii) for non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or
(iv) for non-compliance or defective compliance resulting from the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, outside the Eleganziano 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 theEleganziano that prevent or harm the fulfillment of obligations assumed.

3.6. The Eleganziano 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 expectations in relation to it;
3. 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.
4. 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 the Eleganziano 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 the User has been previously advised of the possibility of such damages occurring), resulting:

1. i) the use or inability to use the Service;
2. ii) the difficulty in obtaining any substitute for goods/services;
3. iii) unauthorized access or modification to personal databases.

4. Consumer Obligations

4.1. The user undertakes to:

1. i) Provide correct personal data and addresses;
2. ii) Do not use false identities;
3. iii) Respect the order limits imposed.

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 the Eleganziano declines any responsibility. If the consumer violates any of these obligations, the Eleganziano reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Eleganziano to the same User; and, furthermore, not allow the User’s future access to any or all services made available by Eleganziano.

4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purposes of resale of goods.

5. Privacy and Personal Data Protection

5.1. The Eleganziano 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 to the provision of the Service by Eleganziano . The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in refusal to provide the Service by the User. Eleganziano .

5.3. The User’s personal data will be processed and stored electronically and are intended to be used by Eleganziano within the scope of the contractual and/or commercial relationship with the User.

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 their use for the purposes set out in the previous paragraph, and for this purpose you must contact the entity responsible for processing personal data: Eleganziano.

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, not being able to Eleganziano be held responsible for such access and/or use.

6. Order cancellation

6.1 At the request of the User

The User may cancel their order by requesting it to Eleganziano via telephone number or email mentioning the order number, which will be accepted as long as the order has not yet been processed. After processing, the Eleganziano 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 the Eleganziano :

1. a) Order number
2. b) NIF with which you placed the order and delivery address

6.2 By decision of the Eleganziano:

A Eleganziano 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. A Eleganziano 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 the control of Eleganziano .

7. Return (Right of withdrawal)

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.

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 Eleganziano under appropriate conditions of use.

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:

Eleganziano

Rua Instituto Conde de Agrolongo no: 47 – 1st Dto. Oeiras 2770-082 Paço de Arcos – Portugal

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

7.2. After receipt of the return at Eleganziano The amount corresponding to the amount paid for the order (sales invoice value) will be returned to the User. 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 receiving the free resolution and receiving the return of the item.

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 repair, there shall be no refund of the price or shipping costs and the product will be returned to the original 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 “Request” form. “Equipment Exchange/Return” form completed, within a maximum period of 30 consecutive days from the date of the invoice, to the following address:

Eleganziano

Rua Instituto Conde de Agrolongo no: 47 – 1st Dto. Oeiras 2770-082 Paço de Arcos – Portugal

If you choose other forms of return, the respective shipping costs will be your 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 constituent components in an excellent state of repair.

8.3. In the absence of any of the elements mentioned above, or if 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 in 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 certificate of guarantee 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, water / liquid infiltration, 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:

Eleganziano

Rua Instituto Conde de Agrolongo no: 47 – 1st Dto. Oeiras 2770-082 Paço de Arcos – 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 website and the Service provided by the website itself is the responsibility of the Eleganziano .

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 respect in full the rights referred to in the previous number, 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 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 (spam) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of Eleganziano suspend or disable 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, therefore the Eleganziano does not guarantee the provision of the Service without interruptions, loss of information or delays.

11.3. The Eleganziano does not also 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 the Eleganziano and which cannot be controlled by it).

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

12. Suspension and deactivation of the Store Service

12.1. Regardless of any prior or subsequent communication, the Eleganziano you 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. The Eleganziano further 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 the Eleganziano access to the Store, upon prior notice 15 days in advance of the date of termination.

12.3. Suspension or termination of the Service by Eleganziano , under the terms of the previous numbers, it does not matter the right of the User or third parties to any indemnity or other compensation, and Eleganziano be held responsible or otherwise burdened, for any consequence resulting from the suspension, cancellation or cancellation of the Service.

12.4. In the situations described above, the Eleganziano will communicate to the User in advance so that the User can, if he wishes, safeguard the content of his order viewing area within 3 (three) business days from sending the email or making the information available 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 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 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 option of the option “Do not receive the Newsletter” registered in each Newsletter.

14. Technical Settings

14.1. Without prejudice to the provisions of the following paragraph, the Eleganziano 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
EMAIL: geral@eleganziano.com

15. Communications

15.1. Whenever the Eleganziano deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.

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, the Eleganziano You may change its technical configurations whenever this proves convenient to adapt it to possible technological developments.

15.3. The Eleganziano However, it 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 be available only against payment by the User and / or subscription, by the same, of Specific Conditions of use.

16. Complaints

16.1. The User may submit any contractual conflicts to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to the Eleganziano of 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 the Company’s information systems. Eleganziano which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of receipt.

17. Applicable law

The Contract is governed by Portuguese law. geral@eleganziano.com