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Terms and conditions

1. Domain www.espacial.pt ownership
2. Purpose and scope of the application
3. Content information
4. Intellectual and Industrial property
5. Liability
6. Customers and Users obligations
7. Privacy and Personal data protection policy
8. Online purchases
9. Products availability
10. Cancelling orders, exchanges and returns
11. Products warranty and after-sales services
12. Applicable legislation


1. Domain www.espacial.pt ownership
The website www.espacial.pt is registered under the “Registration of domains/sub-domains .PT regulation”, legal deposit nº238389/06 06 and is property of Espacial – Produção de Som e Imagem, Lda, head office at Rua Francisco Salgado Zenha nº13, Prior Velho, VAT number 501377182 and registered at the Commercial Registry Office of Lisbon under the same number.

For any questions related to the www.espacial.pt website or with the present General Conditions of Contract and Use our Customer Support Service may be contacted through the following means:

• Email: espacial@espacial.pt
• Mail: ESPACIAL
Rua Francisco Salgado Zenha nº13
2685-332 Prior Velho
Portugal
• Phone: +351 219491700


2. Purpose and scope of the application

The present General Conditions of Contract and Use apply to all visitors of the website www.espacial.pt as well as to all commercial transactions made through the online store available.

Surfing the website as well as acquiring any ESPACIAL’s product online automatically implies the acceptance of the General Conditions of Contract and Use by the User and by the Client.

ESPACIAL reserves the right to change the terms of the present General Conditions of Contract and Use at any time and without previous notice, posting whatever alterations directly in the website www.espacial.pt.


3. Content Information

The reproduction, download, distribution or storage of contents from www.espacial.pt website without previous written authorization from ESPACIAL is prohibited to all purposes besides strictly personal use.

ESPACIAL reserves the right to modify at any time commercial information and offers presented concerning: products, prices, sales and promotions, commercial conditions and services.

It is expressly forbidden the introduction of any links in the www.espacial.pt website regardless of their purpose, without previous permission from ESPACIAL. The use of the Espacial.pt domain for abusive ends and without previous authorization will be persecuted to the full extent of the law.

If links accessing www.espacial.pt are found in any other websites ESPACIAL has no liability concerning the origin of the webpage where they are allocated or its´ contents.

ESPACIAL accomplishes all efforts to present typographic error free information in this website, and in case they occur they will be rectified as soon as possible.

All contractual information is written in Portuguese language, as well as information concerning products, email communications and statements and sales agreements formalization.


4. Intellectual and industrial property

All texts, comments, works, features, illustrations and images reproduced or represented in www.espacial.pt are duly protected by the respective author’s rights and copyright. So, and within the terms of the “Author’s Rights” and “Related Rights” laws, it is only allowed their use to private ends, without prejudice of more restrictive use terms defined in the mentioned laws.

Any reproduction or representation, total or partial, of the www.espacial.pt website or of any elements included therein is strictly forbidden under penalty of legal persecution.

All company names, labels, brands and any other distinctive signs or symbols reproduced in www.espacial.pt are protected under the lawful terms of Industrial Property. The reproduction or representation of those distinctive signs or symbols, in whole or in part, is strictly forbidden and requires previous written authorization from their respective owners.


5. Liability

All products commercialized at www.espacial.pt website are in compliance with Portuguese law.

ESPACIAL shall not be held liable under any circumstances in case of violation of any law in force in the countries where orders are delivered. It is up to the Customer to question local authorities regarding import and use legal terms for the products he wishes to acquire.

ESPACIAL is not responsible for any damages that result from interferences, interruptions, computer viruses and operating systems break down or failures that may temporary prevent the access, surfing or service support to Users.

6. Customers and Users Obligations

Customers and Users are obliged to comply and respect the present General Conditions of Contract and Use , namely:

1) To refrain from enter, introduce, store or diffuse through the website any contents that can be considered defamatory, obscene, libellous, xenophobic and/or of any other kind susceptible to violate the general principles of law and public order;
2) To secure and not disclose their password in order to prevent third parties accessing to their Escpacial.pt account;
3) Not to use false identities;
4) To provide correct and true personal data and addresses so that ESPACIAL can duly process and ship orders.

Therefore it is expressly prohibited to Users of www.espacial.pt website to transmit messages or information that can be injurious, deceitful, defamatory or obscene, or that in any otherwise infringes by any means the right to intimacy or to Intellectual or Industrial property of third parties, as well as to make available any information that can jeopardize third parties or the owner of the website.

ESPACIAL reserves the right to invalidate or close any accounts from Users who commit either of these actions.

Customers vouch for the accuracy and veracity of data submitted to ESPACIAL and commit themselves to immediately update their ESPACIAL registration account at www.espacial.pt if any alteration occurs.

ESPACIAL is not accountable for any eventual delay or impossibility to process orders, in particular concerning deliveries, due to incorrect or incomplete data provided by Customers.

7. Privacy and Personal data protection policy

ESPACIAL ensures confidentiality of all data provided by its Clients at registration or to fulfil orders.

The gathering and treatment of data is performed in a secure way and prevents its loss or manipulation. All data is inserted in a secure server (SSL of 128bits) that encrypts and codify them. Security can be checked in the browser, if the locked padlock symbol appears or if the internet address begins with https instead of http.

All data gathered by this website are destined to processing orders and to communicate with Customers, information requests or eventual complaint procedures, statistic analysis and its use towards direct marketing.

Espacial guarantees confidentiality of all data provided by its Clients. Despite ESPACIAL procedures to gather and process information in a secure way, preventing its loss or manipulation by the use of the most advanced technology available, we hereby inform that an open network allows free circulation of personal data with no security conditions, at the risk of being seen or used by unauthorized third parties.

In compliance with Portuguese law on Personal Data Protection (Lei nº67/98 of 26th of October) we inform that all processing of the data gathered in www.espacial.pt is full responsibility of Espacial – Produção de Som e Imagem, Lda, head office at Rua Francisco Salgado Zenha nº13, Prior Velho, VAT number 501377182 and registered at the Commercial Registry Office of Lisbon under the same number.

All Clients have the right to access, rectify or cancel their data. If at any time Customers no longer intend to remain in ESPACIAL’s data base, this right can be exercised using the following means:

• Email: espacial@espacial.pt
• Mail: ESPACIAL
Rua Francisco Salgado Zenha nº13
2685-332 Prior Velho
Portugal
• Phone: +351 219491700
Customer Support Service from 10:00 to 18:00 (Monday to Friday)


Customers expressly consent ESPACIAL to send information regarding products and services that may be of their interest using their personal data for direct marketing purposes and through any communication channel, such as email, sms, mms or any other means of automatic call. ESPACIAL will not share, sell or disclose its Clients’ data base with third parties.


ESPACIAL use of cookies

Cookies are small text files sent by the websites visited and that are stored on the computer. They are widely used for websites to work or to increase their efficiency, as well as to provide information to website owners.

ESPACIAL uses cookies to gather information about how visitors use the website in order to create reports and improve it. Cookies process information anonymously, including visitors counting, websites of origin and visited webpages.


Visitors of www.espacial.pt website use different kinds of computers so, to facilitate their queries, it registers the operating system (Windows, Macintosh) and technology in use (Internet Explorer, Chrome, Firefox), as well as the domain of the Internet Service provider. www.espacial.pt website also counts the amount of visits, which allows to update and to improve it more productively; in this process no identifiable personal data is extracted. This statistic information indicate if visitors prefer certain areas or functions of the website, contributing for bringing it up to date and maintaining it interesting for visitors.

Cookies’ technology enables to provide interesting website contents adjusted to visitors, and those that offer the possibility of online purchases use cookies to register and process data from shopping cards. Whenever authorized ESPACIAL may relate and connect personal data to a cookie file in those circumstances.

If cookies reception is not intended Users can set their computers to warn each time a cookie is received or to disable all cookies using the browser (For further details the help menu of the browser can be consulted). If cookies are disabled some of the above mentioned functions may not be accessed.


8. Online Purchases

Shopping online in www.espacial.pt website requires Client registration using the online form. After registration it is only needed to add the products to the shopping basket. All steps of the purchase must be taken so that it can be properly completed.

The prices of goods or services available at www.espacial.pt are exclusive to ESPACIAL’s online store and may differ from other stores. All eventual promotions and sales campaigns are limited to existing stock and apply exclusively to online sales.

By placing an order, the Customer expressly and irrevocably agrees to the terms established in the General Conditions of Contract and Use available for consultation at www.espacial.pt. the data registered by ESPACIAL supplies factual evidence of the transactions made with the Customer. It is ESPACIAL’s responsibility to file the electronic document that formalizes the contract and to keep it accessible.

As soon as the purchase is concluded an automatic email will be sent confirming the transaction.
In case any of the elements presented are incorrect their rectification can be immediately requested and/or the purchase order can be cancelled.

When acquiring products at www.espacial.pt ESPACIAL accepts the following payment forms

• ATM reference
• PayPal, Visa, Mastercard
• Bank transfer


9. Products availability

Product Catalogue showed at www.espacial.pt is independent from other stores catalogues, either in prices or in stock and all promotional campaigns have limited stocks exclusive for online sales.

ESPACIAL only ships orders on working days, therefore weekends and holydays are not accounted for on estimated delivery times presented at www.espacial.pt and those are merely indicative supply dates.

If any of the products ordered is unavailable ESPACIAL will analyse the possibility of inventory replenishment and will contact the Customer in case delivery dates or prices suffer any changes. In these situations the order will only be completed and dispatched after Customers’ consent.

In case any of the products ordered are out of stock ESPACIAL may propose its replacement for a similar product in type and price, if there is one, the order will also only be completed and dispatched after Customers’ consent.

In case any of the products ordered are out of stock and ESPACIAL cannot propose any similar product in type and price, or in case Customer’s consent for the order to be altered is not given, ESPACIAL will reimburse any amounts initially paid within a maximum of 30 (thirty) days.

Any delay between estimated delivery dates presented at www.espacial.pt and actual shipping dates shall not confer Customers the right to any claim or compensation.


10. Cancelling orders, exchanges and returns

The following terms and conditions apply only to online purchases in www.espacial.pt

ESPACIAL is concerned with Customers’ satisfaction and in case the acquired product does not meet expectations, alternative solutions can be provided.

For online purchases Customer Support Service can be contacted through

• Email: espacial@espacial.pt
• Mail: ESPACIAL
Rua Francisco Salgado Zenha nº13
2685-332 Prior Velho
Portugal
• Phone: +351 219491700 - from 10:00 to 18:00 (Monday to Friday)

Customers can cancel their order at any time up to its delivery being entitled to full refund of all amounts paid.
After the order is delivered Customers can exercise their right of withdrawal in accordance with the Portuguese law, namely in the Decree-Law nº24/2014 of 14th of February.

The non payment of an order in the period of 4 days from the date of its accomplishment will imply its automatic cancellation.

In accordance with the Decree-Law nº7/2004 of 7th of January (with the amends conferred by Decree-Law nº62/2009 of 10th of March and by Law 45/2012 of 29th of August) concerning electronic trading, ESPACIAL reserves the right to unilaterally cancel all orders whenever occurs any ESPACIAL’s computer operating flaw, programming error, or if the contract proposal is received with any deformity and the inaccuracy lies on any essential element of the contract.

To exercise their right of withdrawal Customers have to unequivocally state their intention to terminate the contract giving notice (by fax, email or registered mail) to Espacial.pt services using the means indicate on Term 7.

If they so wish Customers can also fill in and submit electronically the form for withdrawal or any other unequivocal statement for terminating the contract at www.espacial.pt. If it is done so, ESPACIAL will send in 24hours the confirmation of reception of the request to terminate the contract.

In order to comply with the withdraw legal terms Customers’ notice with that intent have to be sent to ESPACIAL before the withdraw period expires.

If the contract is terminated, Customers will be reimbursed of all amounts paid (except shipping costs) without any unjustified delays and in any case no later than 14 (fourteen) days from the date that ESPACIAL takes notice of the Customers’ decision to terminate the contract.

Said reimbursements will be made using the same payment form used by Customers in the initial transaction, unless otherwise explicitly agreed, either way no expenses will incur on Customers as result of such reimbursements.

ESPACIAL may retain reimbursements until the reception of returned goods or until Customers make proof of the shipment of the goods, whichever occurs first.

Customers must return the goods, without any unjustified delay, no later than 14 (fourteen) days from the date that ESPACIAL was informed of the withdraw and the contract terms will be considered complied with if the goods are returned within that 14 (fourteen) days period.

Customers will support all return costs in case of withdraw. If goods, due to their nature, cannot be returned by regular post mail Customers have to support the costs of the hand-delivery of the returning goods which will report to the shipping costs price list.

In case Customers wish to exchange the acquired products, Espacial.pt Customer Support can be contacted and will provide all the details regarding the exchange process. Customers should not in any circumstances send to ESPACIAL any goods without previous contact, as goods will not be accepted.
In returning and exchanging products Customers have to comply with the following conditions:
• To return goods in good condition, complete original packaging and accompanied by copy of the original transport guide or invoice;
• CDs and DVDs still originally raped and with the IGAC seal intact;
• Exchanges or the return of tickets to cultural events or shows (national or international) will not be accepted.
• Exchanges or the return of personalized goods will not be accepted.

After contacting Espacial.pt Customer Support and having received instructions for the return of the goods, Customers may send them duly raped and in the original packaging to the following address:

ESPACIAL - Rua Francisco Salgado Zenha nº13 - 2685-332 Prior Velho - PORTUGAL

All goods will be checked on arrival and will only be accepted for refund or exchange those who comply with the return conditions.

In case of return, if Customers choose to be refunded ESPACIAL informs that:
• Repayments will be made using the same payment form used by the Customer in the initial transaction
• All reimbursements are made after checking returned goods conditions.
ESPACIAL reserves the right to refuse goods that do not meet these terms.


11. Products warranty and afer-sales services

If the acquired product is defective, Customers must report the anomaly to Espacial.pt Customer Support, indicating the order number and describing the defect.

Upon reception of the product by ESPACIAL, the situation will be technically verified and if it is confirmed the product to be defective or any other non-conformity, products will be replaced. In which case ESPACIAL will replace the order and ship it without any additional costs.

What to do if Customers receive damage products or parcels with damaged packaging?

In the event of shipping package is damaged, Customers should check its content upon delivery and submit a complaint to the carrier, contacting within 24 hours Espacial.pt Customer Support.

The same applies when the parcels package is in good conditions but the products are damaged.

Espacial.pt Customer Support will assess the situation and initiate a non-conformity verification process.

Additional note: Either in case of transport damage, parcel loss or inability for the order to be delivered to the recipient, the non-conformity evaluation team may take up to 14 days to confirm the anomaly. During this period no reimbursements will be made.

What to do if products present technical problems?
In the event that the products acquired present technical problems or non-conformities face to what was advertised, Customers should contact Espacial.pt Customer Support.

If the date of the invoice is less than 30 days and in case it refers to a defective or malfunctioning product, Customers should contact Espacial.pt Customer Support indicating their order number and describing the anomaly.

Upon reception of the product by ESPACIAL, after due technically verification, if it is confirmed the product to be technically defective it will be replaced. In which case ESPACIAL will replace the order and ship it without any additional costs.

If ESPACIAL technical verification detect marks of abusive or inappropriate use and/or any other signs of circumstances that can have caused the malfunctioning of the products (for instance: fall marks, scratches or poor handling) Customers will be contacted in order to instruct regarding product shipping in its present conditions.


12. Applicable legislation

All purchases made on www.espacial.pt website are subject to Portuguese law. Any dispute or difference in interpretation of the General Conditions of Contract and Use shall be submitted to the competent Portuguese Courthouse.

All legal procedures will take place in Portuguese courts in spite Customers nationality or official residence.
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