terms of service
1. Scope and Object of the General Conditions of the Store
These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Shop aPenas Illustrator Service ("Service" or "Store") by Beatriz Penas, based in Caldas da Rainha, hereinafter referred to as "aPenas".
The Service consists of providing, through the address www.apenasillustrator.com, access to the Online Store, which, in addition to providing information related to a set of products and / or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions described herein.
The ordering of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of one must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
2. Product and Content Information
APenas 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 9).
APenas will do everything possible to ship all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by aPenas, such as human errors or incidents in the computer systems, it is not possible to provide any of the products requested by the User . If any product is not available after placing the order, you will be notified, by email or by phone. 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 aPenas.
3.1 All products and services sold in the aPenas Online Store are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however aPenas 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 communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from downloading (“download”) through the infected file service or containing viruses or other properties that may affect the User's equipment. If for any reason of error in accessing the aPenas Online Store website, it is impossible to provide a service, aPenas will not be responsible for any losses.
3.3 Consultations of data and information carried out within the scope of this Service are presumed to have been carried out by the User, and aPenas declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 aPenas will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to you as a fraud or serious fault.
3.5 aPenas is not responsible for the damages or damages resulting from the non-fulfillment or defective performance of the Service when this is not directly or indirectly attributable by way of intent or serious fault, not being responsible in particular for (i) errors, omissions or other inaccuracies related 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 that results from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective compliance that results the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to aPenas 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 [NAME] that prevent or hinder the fulfillment of the assumed obligations.
3.6. APenas does not guarantee that:
1. i) the Service is provided uninterruptedly, is safe, error-free or works infinitely;
2. 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 User's own risk and risk, who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that 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 aPenas cannot in any way be held responsible for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously notified by the User about the possibility occurrence of such damage), resulting from:
1. i) the use or impossibility of using the Service;
2. ii) the difficulty of 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 order limits imposed.
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 eventual non-delivery, the responsibility lies with the User, and aPenas declines any responsibility. In the event that the consumer breaches any of these obligations, aPenas reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available by aPenas simultaneously to the same User; and, still, not allow the User's future access to any or any services provided by aPenas.
4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of resale of goods.
5. Privacy and Protection of Personal Data
5.1. APenas 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 aPenas. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to aPenas' refusal to provide the Service.
5.3. The User's personal data will be processed and stored computerized and are intended to be used by aPenas within the scope of the contractual and / or commercial relationship with the User and, in case of authorization by the User, for marketing actions, when authorized by the User.
5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request.
5.5. The Internet is an open network, so the User's personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, including the risk of being accessible and used by unauthorized third parties for the effect, and aPenas cannot be held responsible for such access and / or use.
6. Cancellation of orders
6.1 At the request of the User
The User can cancel his order by asking aPenas through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After its processing, aPenas will try to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must indicate the following data to aPenas:
1. a) Order number
2. b) TIN with which you placed the order and delivery address
6.2 By aPenas decision
APenas 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. APenas 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 aPenas.
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 his identification data, the subscribed service he intends to resolve and the subscription date. 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 communication of the resolution, return the goods to aPenas in the proper conditions of use.
Draft for free resolution form (you must complete and return this form only if you want to terminate the contract)
- For illustrator only:
- By this communication / we communicate (*) that I have resolved / we have resolved (*) my / our (*) purchase and sale contract relating to the following asset / for the provision of the following service (*) - Requested on (*) / 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). (*) Strike out what does not apply.
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. The packaging and the indicated documents must be sent free of charge to the following address, to be requested by email.
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
7.2. Upon receipt of the return at aPenas, the User will be refunded the amount corresponding to the amount paid for the order (sales invoice amount). If you have 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 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 any of them are 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. Intellectual Property
8.1. The Store is a registered website and the Service provided by the website itself is the responsibility of aPenas.
8.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
8.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, therefore any use of such content may only occur under the express authorization of the respective owners.
8.4 any acts that may violate the law or those rights, such as the reproduction, commercialization, transmission or making available to the public of such content or any other unauthorized acts that have the same content as object.
9. Service Security Conditions
9.1. 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 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 aPenas suspending or deactivating the Service under the terms set out in point 12.
9.2. 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 aPenas does not guarantee the provision of the Service without interruption, loss of information or delays.
9.3. APenas also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to aPenas and which cannot be controlled by it).
9.4. In the event of interruption in the provision of the Service due to unforeseeable overload of the systems on which it is supported, aPenas undertakes to regularize its operation as soon as possible.
10. Suspension and deactivation of the Shop Service
10.1. Regardless of any prior or subsequent communication, aPenas 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.
10.2. APenas also reserves the right to suspend or terminate access to the Service immediately, 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 aPenas ceases access to the Store, upon prior notice 15 days prior to the date of termination.
10.3. The suspension or termination of the Service by aPenas, under the terms of the previous paragraphs, regardless of the right of the User or third parties to any indemnity or other compensation, aPenas cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension , cancellation, cancellation of the Service.
10.4. In the situations described above, aPenas will communicate to the User, previously so that he can, if he wishes, safeguard the contents of his order viewing area within 3 (three) working days from the sending of the email or making it available information on the main page of the Service.
11.1. 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. .
11.2. The User agrees to receive any and all communication and / or notification related to the Online Store, to the address, contact telephone number and or email address (“email”) indicated in the ordering 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.
12. Technical settings
12.1. Without prejudice to the provisions of the following number, [NAME] may change the Service and / or the technical conditions for providing it, as well as the respective rules of use, and must disclose to the User such changes at least 15 (fifteen) in advance days.
13.1. Whenever aPenas deems it necessary or convenient to optimize the browsing experience and / or improve connectivity conditions, it may remotely reformulate network settings.
13.2. 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, aPenas may change its technical configurations whenever it proves convenient to adapt it to possible technological developments.
13.3. However, aPenas does not guarantee the User to carry out any upgrades or improvements in the Service.
13.4. 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.
14.1. 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 the Penalties for acts and omissions that violate the legal provisions applicable to the acquisition of goods.
14.2. 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 aPenas, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
15. Applicable Law
The Contract is governed by Portuguese law.