Terms and Conditions

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

The Services available on this website are provided by Deixaki, Lda.
These General Conditions are intended, along with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of Services at the Loja DEIXAKI.
The Service consists in making available access to the online store, through the address www.lojadeixaki.pt, which, in addition to providing information related to a set of products, allows the User, by electronic means, to order the products disclosed on the website, under the terms and conditions. described here.
Users must be at least eighteen years old to order products (individuals under eighteen 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 the User cannot claim the lack of signature for non-compliance with the obligations assumed.

2. Product Information and Contents

Loja DEIXAKI will do everything in its power to ensure that the information presented on this website does not contain typographical errors, and will quickly correct them 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 11).
Loja DEIXAKI will do everything in its power to ship all the products ordered, but it is possible that, in certain cases and due to causes hard to be controlled by Loja DEIXAKI, such as human errors or incidents in the computer systems, it might not be possible to provide one or more of the products ordered by the User. If any product is not available after placing the order, you will be notified by email or telephone. At that time, you will be presented with the possibility to cancel the order and be refunded, if you already made the respective payment.
All information on prices, products, specifications, promotional actions and Services may be changed at any time by Loja DEIXAKI.

3. Responsibilities

3.1 All products and Services sold at Loja DEIXAKI are in accordance with the Portuguese law.

3.2 The store has adequate security levels, however Loja DEIXAKI 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 Loja Deixaki’s 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 resulting from the download of files infected with virus or other properties that may affect the User's equipment. If by any reason, there’s an error in accessing Loja DEIXAKI website, that makes it impossible to provide a Service, Loja DEIXAKI will not be responsible for any losses.

3.3 Data and information inquiries made within the scope of this Service are presumed to have been made by the User, and Loja DEIXAKI declines any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4 Loja Deixaki will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to it as a fraud or serious fault.

3.5 Loja Deixaki is not responsible for the damages or losses resulting from the non-fulfillment or defective fulfillment of the Service when it is not directly or indirectly attributable as a result of intent or serious fault, 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) non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or

(iv) by non-compliance or defective compliance that result of the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside Loja DEIXAKI control, such as fires, power cuts, explosions, wars, riots, pandemics, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations out of Loja DEIXAKI control that prevent or hinder the fulfillment of the assumed obligations.

3.6. Loja DEIXAKI does not guarantee that:

i) the Service is provided uninterruptedly, is safe, without errors or works indefinitely;

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 the same;

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 his computer system and equipment or for any loss of data resulting from that operation.

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 Loja DEIXAKI 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 it has been previously advised by the User about the possibility of the occurrence of such damages), resulting from:

i) the use or impossibility of using the Service;

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:

i) Provide personal data and correct addresses;

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 the processing of the order, or eventual non-delivery, the responsibility lies with the User, and Loja DEIXAKI declines any responsibility. In the event that the consumer breaches any of these obligations, Loja DEIXAKI reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other Services made available simultaneously by the DEIXAKI Store to the same User; and, still, not allow the User's future access to any Services made available by Loja DEIXAKI.

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

5. Privacy and Personal Data Protection

5.1. Loja DEIXAKI guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified on the order form as being mandatory, are indispensable for the provision of the Service by Loja DEIXAK. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and might result in the refusal to provide the Service by Loja DEIXAKI.

5.3. The personal data of the User will be processed and stored by computer and are intended to be used by Loja DEIXAKI within the scope of the contractual and / or commercial relationship with 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, even running the risk of being accessible and used by unauthorized third parties for the effect. Loja DEIXAKI Shop cannot be held responsible for such access and / or use.

6. Payment methods

Loja DEIXAKI Store offers the following payment methods:

● Credit card
● ATM
● MB WAY
● Paypal
● Bank transfeer
● In-person with in-store pick up

After the payment is completed, Loja DEIXAKI will proceed with a standard check, so that it is possible to process and send the order. The User will receive an email confirming that the order is paid, and later, the corresponding invoice will be sent by email.

7. Fees and taxes

In the DEIXAKI Store, the prices shown are in euros, with VAT and taxes due due in accordance with the law in force, which are already included in the price shown.

8. Orders cancellation

8.1 By User's request

The User may cancel his order by requesting it from Loja DEIXAKI through telephone or email, referring to the order number, which will be accepted as long as the order has not yet been processed. After processing, Loja DEIXAKI 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 Loja DEIXAKI:

a) Order number

b) TIN with which you placed the order and delivery address

8.2 By decision of Loja DEIXAKI

Loja DEIXAKI 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. Loja DEIXAKI 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 they arise from technical problems or errors outside Loja DEIXAKI.

9. Return (Right of withdrawal)

9.1. 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. The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to the DEIXAKI Store under the proper conditions of use. If the User chooses other forms of return, the respective shipping costs will be his responsibility.

9.2. Upon receipt of the return at the DEIXAKI Store, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice). If the User have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.

9.3. 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 IBAN 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 returned asset.

9.4. In the absence of any of the components of the item sold or, if any of them is 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.

10. Manufacturing defect

10.1. In the event of a “manufacturing defect”, that is, when malfunctions are detected in products that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, along with a copy of the invoice within a maximum period of 30 days from the date of the invoice, to the following address: Urbanização da Marateca, Lote 36, 8600-314 Lagos.
If the User chooses other forms of return, the respective shipping costs will be his responsibility.

10.2. 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 components that constitute it, in excellent condition.

10.3. 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 sent back to the User.

11. Warranty

11.1. All products available in the Store are duly certified by the competent international entities.

11.2. The products have a warranty period defined by the manufacturer, which, under legal terms, is at least 2 (two) years. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the warranty certificate and / or proof of purchase (invoice) duly completed.

11.3. Products are considered out of warranty conditions if they have passed the period defined by the manufacturer or have defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of moisture / liquids, use of non original accessories and have been submitted to technical interventions by unauthorized personnel.

11.4. In the event of a breakdown, and if covered by the warranty, the User can take the product, and the respective proof of purchase and / or warranty, to a Service center of the brand.

11.5. The accessories, covered by the warranty, that need repair, must be sent, with the respective proof of purchase and / or warranty, to the following address: Urbanização da Marateca, Lote 36, 8600-314 Lagos.
If the User chooses other forms of return, the respective shipping costs will be his responsibility. The User must always request the CTT receipt that proves the sending of the order.

11.6. If the product needs repairing and is not covered by the warranty, the User can take it, and respective proof of purchase, to a Service center of the brand.

12 Intellectual Property

12.1. Loja DEIXAKI is a registered website and the Services provided by the website are the responsibility of DEIXAKI, Lda.

12.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.

12.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention by any sponsor or advertiser, is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, so any use of such content may only take place under the express authorization of the respective owners.

12.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission or make available to the public of such content or any other unauthorized acts which have the same content as their object.

13. Service Security Conditions

13.1. 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 Loja DEIXAKI suspending or deactivating the Service under the terms set out in point 16.

13.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several Users, and as such, subject to computer overloads, therefore Loja DEIXAKI does not guarantee the provision of the Service without interruptions, loss of information or delays.

13.3. Loja DEIXAKI also does not guarantee the provision of the Service in situations of system unpredictable overload on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, outside Loja DEIXAKI and which cannot be controlled by it).

13.4. In the event of interruption in the provision of the Service due to unforeseeable overload of the systems on which it is supported, Loja DEIXAKI undertakes to regularize its operation as soon as possible.

14. Suspension and deactivation of the Store Service.

14.1. Regardless of any prior or subsequent communication, Loja DEIXAKI 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.

14.2. Loja DEIXAKI also reserves the right to suspend or terminate access to the Service immediately, 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 Loja DEIXAKI ceases access to the Store, upon prior notice 15 days prior to the date of termination.

14.3. The suspension or termination of the Service by Loja DEIXAKI, under the terms of the previous paragraphs, regardless of the User or third party's right to any compensation, Loja DEIXAKI cannot be held responsible or in any way encumbered, for any consequence resulting suspension, cancellation, cancellation of the Service.

14.4. In the situations described above, the DEIXAKI Store will inform the User, previously so that he can, if he wishes, safeguard the contents of his order viewing area within 3 (three) business days from the sending of the e-mail or availability of the information on the Service's main page.

15. Communications

15.1. 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 phone call.

15.2. The User accepts 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 the non-receipt of these communications and / or notifications through the Contact Form or through the option “Do not receive the Newsletter” registered in each Newsletter.

16. Technical Settings

16.1. Without prejudice to the provisions of the following number, Loja DEIXAKI 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) days in advance.

16.2. The version in place, at all times, of these General Conditions and its annexes is available on the website www.lojadeixaki.pt.

17. Communications

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

17.2. 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, Loja DEIXAKI may change its technical configurations whenever it proves convenient to adapt it to any technological developments.

17.3. However, LojaDEIXAKI does not guarantee the User any updates or improvements to the Service.

17.4. Some upgrades or new features of the Service may be available only under payment by the User and / or subscription, by the same, by Specific Conditions of use.

18. Complaints

18.1. 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 Loja DEIXAKI of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

18.2. 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 Loja DEIXAKI, which must decide the complaint and notify the interested party within a maximum period of 15 (fifteen) ) days from the date of receipt.

19. Applicable Law

The Contract is governed by the Portuguese law.