2. OUR DATA
The sale of items through this website is carried out under the name VIRGILIO SOUSA, with telephone 00351961414153 and email email@example.com.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data you provide about you will be processed in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of such information and data and declare that all information or data you provide to us are truthful and correspond to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it you agree to:
1. Use this website only for legally valid inquiries or orders.
2. Do not place any false or fraudulent orders. If such an order could reasonably be considered to have been made, we shall be authorized to cancel it and inform the relevant authorities.
3. Please provide us with your email address, postal address and/or other contact details in a truthful and accurate manner.
5. SERVICE AVAILABILITY
The items offered through this website are only available for shipment to Portugal and Spanish territory (Peninsula, Canary Islands and Balearic Islands).
6. HOW TO PLACE AN ORDER
To place an order, you will need to follow the online purchase procedure and click "Authorize Payment". You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). We will also inform you by email when your order is being shipped to you (the "Shipping Confirmation"). An e-ticket with the details of your order will also be attached to the Shipping Confirmation (the "e-ticket").
7. TECHNICAL MEANS TO CORRECT ERRORS
In the event that you find that an error has occurred when entering your personal data during your registration as a user of this website, you may modify them in the "My Account" section.
8. PRODUCT AVAILABILITY
All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items left in stock, we will refund any amount you may have paid.
Unless there are circumstances arising from the personalization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the products / s related in each Shipping Confirmation within the period indicated on the website according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation. As far as the virtual gift card is concerned, we will send it on the date indicated by you when placing the order. If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays, except in the case of the virtual gift card, which will be delivered on the date indicated by you. For the purposes of these Terms, it shall be understood that the "delivery" has occurred or that the order has been "delivered" at the time when you or a third party indicated by you acquires material possession of the products, which will be credited by signing the receipt of the order at the agreed delivery address.
The virtual gift card will be understood to be delivered in accordance with the provisions of the Conditions of Use of the Gift Card and, in any case, on the date of sending it to the email address indicated by you.
10. IMPOSSIBILITY OF DELIVERY
If we find it impossible to deliver your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is located and how to get it shipped to you again. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day. In the event that 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and consider it resolved. As a result of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract terminated. Please note that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs to you. This clause does not apply to the virtual gift card, the delivery of which will be governed by the provisions of the Conditions of Use of the Gift Card and by the provisions of clause 9 above.
11. RETURN POLICY
11.1 Legal right to withdraw from purchase
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods or in case the goods that make up your order are delivered separately, 14 calendar days from the day that you or a third party indicated by you, other than the carrier, it acquired material possession of the last of those goods. To exercise the right of withdrawal, you must notify VIRGILIO SOUSA, by telephone 00351961414153, by writing to the email firstname.lastname@example.org or our contact form, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the corresponding period.
Consequences of withdrawal
In the event of withdrawal by you, we will refund all payments received from you, including delivery costs up to the initial shipping address (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such a refund using the same means of payment used by you for the initial transaction. You will not incur any expenses as a result of the refund.
Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first. You must return the products directly to us in the VIRGILIO SOUSA store in Spain, request the return through a courier ( regardless of the selected shipping method), deliver the products to us at one of the Correos delivery points enabled in Spain using for this purpose the return label that we will send with your request or send the products to the NAVE VIRGILIO SOUSA. contact customer service to request the necessary information), without any undue delay and, in any case, no later than within 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline shall be deemed to have been met if the goods are returned before the end of the period. Unless you return the goods in a VIRGILIO SOUSA store in Spain, through a courier / courier organized by us or at one of the correos delivery points enabled in Spain, you must assume the direct cost of returning the goods. In the latter case, remember that you will need to deliver, along with the products, a printed copy of the e-ticket
which you will have received attached to the Shipping Confirmation. You will only be responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the goods.
11.2 Contractual right of withdrawal.
In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 11.1 above, we grant you a period of 30 days from the date of Shipping Confirmation to make returns of the products (except for those mentioned in clause 11.3 below, for which the right of withdrawal is excluded). In case you return the products within the contractual term of the right of withdrawal, once the legal period has elapsed, you will be refunded only the price paid for such products. You will be responsible for the direct costs of returning the product when you do not make the return in the store
VIRGILIO SOUSA from Spain, through a courier organized by us (regardless of the shipping method selected) or at one of the Correos delivery points enabled in Spain. You may exercise your right of withdrawal in accordance with the provisions of clause 11.1 above, although if you inform us of your intention to withdraw from the contract after the legal withdrawal period, you must in any case deliver the goods to us within a period of 30 days from the date of Confirmation of Shipment.
11.3 Common provisions
You shall not have the right to withdraw from the contract for the supply of any of the following products:
* Personalized items.
* Music CDs/DVDs without their original packaging.
* Goods sealed for hygiene reasons that have been unsealed after delivery.
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the product ( s while they are in your possession. Please return the item using or including all its original packaging, instructions and other documents that may accompany it. You can make returns in the VIRGILIO SOUSA store in Spain, through a courier that we will send to your home or at one of the Correos delivery points enabled in Spain in accordance with the following:
• Returns in VIRGILIO SOUSA store.
You can return the products to us at the VIRGILIO SOUSA store in Spain that have the same section of the merchandise you wish to return. In this case, you must go to any of these stores and deliver along with the item, the electronic ticket that you will have received attached to the Shipping Confirmation, which is also kept in your account on the website. You can present the e-ticket by displaying it in digital form through the screen of your mobile device or by taking it printed to the store.
• Returns through courier/ courier.
You must contact us through our return request so that we can arrange collection at your home. You must deliver the goods in the same package that received it, following the instructions in the "RETURNS" section on this website. If you have made a purchase as a guest, you can request returns through courier/ Courier, by calling 00351961414153. Please note that you can request the return through courier /Courier regardless of the shipping method selected when completing the order.
• Returns through the Correos delivery points enabled in Spain.
You can return the products at one of the Correos delivery points enabled in Spain. To do this, you must request the return using the "Delivery Point" method in the "Orders and Returns" section of the "My Account" section of the website, and then we will send you by email a return label that you must paste on the package and leave it at your local post office. You must leave the item in the same package in which you received it and follow the instructions in the "Orders and Returns" section of the "My Account" section of the website or the email itself. If you have made a purchase as a guest, you can request
return the products at one of the delivery points enabled in Spain using the link that will have been sent to you next to the Order Confirmation. After carrying out the appropriate verifications, you will receive an email with a label that you must paste on the package and return it to any of the aforementioned enabled points. None of the three options will be at an additional cost to you. In case you do not wish to return the products through any of the free options available, you will be responsible for the return costs. In the latter case, remember that you must deliver, together with the products, a printed copy of the electronic ticket that you will have received attached to the Shipping Confirmation. Please note that if you decide to return the items to us in due shipments we will be authorized to charge you for any expenses we may incur. After examining the item we will inform you if you are entitled to a refund of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first. The refund will always be made in the same means of payment that you used to pay for the purchase, except when a gift ticket is presented for the return. In the latter case, the refund will be made by means of a card or a payment ticket of VIRGILIO SOUSA You will assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our contact form or by calling the phone number 00351961414153.
Returns of orders placed through electronic devices available in the VIRGILIO SOUSA store in Spain and paid at the box of the store itself must be made in any case in the VIRGILIO SOUSA store in Spain. In case of withdrawal by you, we will refund all payments received from you and proceed to make such reimbursement using the same means of payment used for the initial transaction.
11.4 Returns of defective products
In cases where you consider that at the time of delivery the product does not conform to the stipulations of the contract, you must contact us immediately through our contact form providing the details of the product as well as the damage it suffers, or by calling the number 00351961414153 where we will indicate the way to proceed. The product can be returned to our VIRGILIO SOUSA store in Spain, delivering it to a courier that we will send to your home, at one of the Correos delivery points enabled in Spain or by sending it to the address indicated above. We will carefully examine the returned product and inform you by e-mail within a reasonable time if the refund or replacement of the same (if applicable) is appropriate. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amounts paid for those products that are returned because of a defect or defect, when it really exists, will be refunded in full, including the delivery costs incurred to deliver the item and the costs you would have incurred to return it to us. The return will be made in the same means of payment that was used to pay for the purchase, except when a gift ticket is presented for the return. In the latter case, the refund will be made by means of a card or a pass credit from VIRGILIO SOUSA. In any case, the rights recognized by the current legislation are safe.
11.5 Right of withdrawal and return of orders from abroad.
If you have placed an order through this website from a Member State of the European Union other than Spain, clauses 11.1, 11.2, 11.3 and 11.4 above shall apply with the restriction that the return via a courier/courier organised by us can only be made from the original delivery address in Spain. Likewise, we inform you that under no circumstances will we be obliged to reimburse you for shipping costs other than those incurred up to the original delivery address in Spain or return costs from a destination outside Spanish territory.
12. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights over the materials or contents provided as part of the website correspond at all times to us or to those who licensed us for their use. You may use such material only in the way expressly authorized by us or those who licensed us for its use. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
13. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material into it. You will not attempt to have unauthorized access to this website, the server on which such page is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this clause may result in the commission of infringements typified by the applicable legislation. We will report any breach of such regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which the same redirect.
14. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and third party materials, such links are provided for informational purposes only, without us having any control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from its use.
15. EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in fulfilling any of the obligations assumed, where it is due to events beyond our reasonable control ("Force Majeure Cause"). Force Majeure Causes will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
1. Strikes, lockouts or other claims.
2. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
3. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
4. Impossibility to use trains, ships, aircraft, motor transport or other means of transport, public or private.
5. Impossibility to use public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority. Obligations shall be deemed to be suspended for the period in which the Force Majeure Cause continues, and we will have an extension within the time limit to fulfil those obligations for a period of time equal to the duration of the Force Majeure Cause. We will use all reasonable means to terminate the Force Majeure Cause or to find a solution that allows us to fulfill our obligations despite the Force Majeure Cause.
16. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be well received. Please send us such comments and suggestions, as well as any queries, complaints or claims, through our contact form, by telephone or at the postal or email address indicated in clause 2 of these Conditions. In addition, we have official complaint sheets available to consumers and users. You can request them by calling 00351961414153 or through our contact form. Your complaints and claims before our customer service will be dealt with as soon as possible and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification key that we will inform you and allow you to follow up on them. If you as a consumer consider that your rights have been violated, you can address your complaints to us through the email address email@example.com in order to request an out-of-court dispute resolution. In this sense, if the acquisition between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request with us an out-of-court resolution of disputes regarding accessible consumption.
Last Modified: June 05, 2019
Model withdrawal form:(You only have to complete and send this form if you wish to withdraw from the contract)
To the attention of Grupo VIRGILIO SOUSA. acting under the trade name Virgilio Sousa,
firstname.lastname@example.org I hereby inform you that I desist from my contract of sale of the following good:
Ordered on/received on (*):Name of the consumer:Address of theconsumer:Date:Signature of theconsumer: (only if this form is presented on paper)(*) Cover what is not appropriate