1. Scope and object of the General Conditions Store
These General Conditions are intended, with the order form, and the other items referred to therein, to regulate the terms and conditions that govern the provision of the Online Shop Service WelcomeYarn ( “Service” or “Shop”) by WelcomeYarn, Unipessoal Lda, headquartered at Rua Francisco Manha, No. 140 -. 1st floor Fraction B, under the single registration and legal person identification No. 513 689 737,
with a share capital of € 5000.00, hereinafter “WelcomeYarn”.
Service consists of the provision, through the www.welcomeyarn.pt address access to Online Store that in addition to providing information relating to a set of products and / or services, allows the user, electronically, order products disclosed therein, the terms and conditions described herein.
Ordering products should be made by users aged over 18 (eighteen) years (individuals under the age must have consent of their representatives). The data and information transmitted by the User shall enjoy full legal effect, recognizing the User purchases the electronic and can not claim that lack of signature for breach of obligations.
2. Product Information and Content
The WelcomeYarn 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 different characteristics to presented online, has the right to terminate the purchase agreement pursuant to applicable law (right of withdrawal – see point 9).
The WelcomeYarn will do everything possible to send all the products ordered, but it is possible that in certain cases due to causes hardly controllable by WelcomeYarn as human errors or incidences in the computer systems, it is not possible to provide any of the products ordered by the User . If any product is not available after making the order, you will be notified via e-mail or by phone. That time will be presented with the opportunity to cancel the order with the appropriate refund if you have already made the appropriate payment.
All price information, product specifications, promotions and services may be changed at any time by WelcomeYarn.
3.1 All products and services sold in the Online Store WelcomeYarn are in accordance with Portuguese law.
3.2 The shop has adequate security levels, yet WelcomeYarn shall not be liable for any damages suffered by the User and / or third parties, due to delays, interruptions, errors, and communications suspensions they are based on factors beyond its control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, the modems, the connection software or any computer or resulting virus downloading ( “download”) through the infected file service or containing viruses or other properties that may affect the user equipment. If for some reason access error to the electronic site of the Online Shop WelcomeYarn any inability to provide service, WelcomeYarn will not be responsible for any losses.
3.3 The data queries and information made under this service, be deemed to be made by the User, declining to WelcomeYarn any liability abusive or fraudulent use of the information obtained.
3.4 WelcomeYarn shall not be liable for any loss or damage caused by misuse of the Service that you are not directly attributable to title fraud or serious misconduct.
3.5 The WelcomeYarn is not responsible for loss or damage arising from failure or defective performance of the service where this is not it directly or indirectly attributable to the title of malice or gross negligence is not responsible, inter alia, (i) errors, omissions or other inaccuracies related the information available through the Service; (Ii) damage caused by user’s fault or third parties, including violations of intellectual property, (iii) the failure or defective performance resulting from compliance with court decisions or administrative authorities or (iv) failure or defective performance resulting the occurrence of force majeure, ie extraordinary nature of situations or unpredictable, outside the WelcomeYarn and that the same can not be controlled, such as fire, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by WelcomeYarn that prevent or hinder the fulfillment of the obligations assumed.
3.6. The WelcomeYarn does not guarantee that:
i) the service is provided without interruption, be safe, with no errors or work in infinite form;
ii) the quality of any product, service, information or other material purchased or obtained through the Service meets any expectation of the User in relation to it;
iii) any material obtained in any way through the use of the Service is used by account and risk of the User, which is solely responsible for any damage to your system and computer equipment or any loss of data that results from this operation.
iv) no advice or information, whether oral or written, obtained by User or through the Service shall create any warranty not expressed in these terms and conditions.
3.7. You agree that WelcomeYarn can in no way be liable for any damages including, but not limited to, damages for loss of profits, data, content, or other loss (even if it has been previously warned by the User about the possibility of such damages), resulting from:
i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute goods / services;
iii) access or unauthorized 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 limits imposed orders.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or inability in order processing, or any non-delivery, the responsibility rests with the user, and the WelcomeYarn declines any responsibility. If the consumer violate any of these obligations, the WelcomeYarn reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided by both the WelcomeYarn the same user; and further, not to allow the user further access to some or any services provided by WelcomeYarn.
4.3. It is expressly forbidden the use of goods and services purchased for business purposes, including for the purpose of resale of goods.
5. Privacy and Personal Data Protection
5.1. The WelcomeYarn guarantees the confidentiality of all data provided by users.
5.2. The personal data identified in the order form as mandatory supply is indispensable for providing the service by WelcomeYarn. The omission or inaccuracy of the data provided by the User are your sole responsibility and can lead to the refusal to provide the Service by WelcomeYarn.
5.3. The User’s personal data will be processed and stored and are intended to be used by WelcomeYarn under the contractual relationship and / or trade with the user and, if authorization by the User, for the marketing of products WelcomeYarn.
5.4. Under the applicable legislation, is guaranteed to the User, without additional charges, the right to access, correct and update their personal data, directly or through written request, as well as the right to object to their use for the intended purposes in above, and therefore to contact the entity responsible for processing the personal data: WelcomeYarn.
5.5. The Internet is an open network, so the User’s personal data, other personal information and content hosted on the Service may move on without security network running, including the risk of being accessible and utilizadoas by unauthorized third parties to the effect may not WelcomeYarn to be held responsible for such access and / or use.
6. Cancellation of orders
6.1 At the request of the User
The user can make the cancellation of your order asking it to WelcomeYarn through the phone number or e-mail stating the order number, which will be accepted provided that it has not yet been processed. After processing, the WelcomeYarn will attempt to deliver the same, but the user has the option not to accept.
For the purposes of cancellation the User must provide the following data to WelcomeYarn:
a) Order number
b) Tax ID number that placed the order and delivery address
6.2 By decision of WelcomeYarn
WelcomeYarn reserves the right to not process orders when checking some inconsistency in the personal data submitted or observe misconduct by the buyer. WelcomeYarn reserves the right to not make the processing of any order or refund, in case there are errors in the values ??and / or characteristics of the products when they arise from technical problems or errors beyond the WelcomeYarn.
7. Return (Resolution Law)
7.1. The poster, in the case of consumer can exercise the right of withdrawal without having you required any compensation within fourteen (14) days from the day on which the consumer acquires physical possession of the property.
To exercise this right, the user can use the template shown below, and indicate all your identification data, the subscribed service you want to solve and the subscription date. The communication must be made by letter, by returning the acquired right, or other suitable and susceptible evidence within the above timeframe.
The consumer shall within fourteen (14) days from the resolution of the communication date return the goods to WelcomeYarn under appropriate conditions of use.
Draft form for free resolution (just fill out and return this form if you want to terminate the contract)
– To: WelcomeYarn, Unipessoal Lda .:
– Hereby communicate / communicate (*) that I / We (*) my / our (*) purchase and sale agreement for the following well / for the provision of the following service (*) – Ordered on (*) / received in (*) –
Name (s) of consumer (s) – Address (s) of consumer (s) – Signature (s) of consumer (s) (only if this form is notified on paper). (*) Delete as appropriate.
The package must be returned complete, as delivered and accompanied by all the documentation received, inter alia, the following documents: bill of sale and the document that proves the receipt of the product. The packaging and the indicated documents shall be sent free of charge to the following address:
WelcomeYarn, Unipessoal Lda.
Rua 5 de Outubro, 858
2485-034 Mira de Aire
If You opt for other forms of return, the respective costs of delivery will be your responsibility.
7.2. After receiving the return on WelcomeYarn will be returned to the User the amount corresponding to the amount paid for the order (sales invoice value). If you used a promotional discount code, this value will not be refunded, or, refund will be only at the amount paid.
7.3. The method of repayment of the amount to be returned depends on the payment method of the order respective. In the case of payments by credit card and PayPal, they are credited to their account. In other cases, when given NIB information, the refund is made to the indicated bank account. Otherwise, the reimbursement is made by check to the billing address. The refund is made within 14 days of receipt of the will of withdrawal and the right of return of the receipt.
7.4. In the absence of any article components sold or if any of them is not in excellent condition, there will not be any refund of the price or the delivery, the product being returned back to the initial shipping address.
8. Defect manufacturing
8.1. In case of “manufacturing defect”, ie when they are detected faults in the products that in principle do not fall within the respective warranty, the user must return the product, along with a copy of the invoice and the “Application Exchange / Return of ProdutoEquipamento “completed, within 30 calendar days of the invoice date, to the following address:
WelcomeYarn, Unipessoal Lda.
Rua 5 de Outubro, 858
2485-034 Mira de Aire
If You opt for other forms of return, the respective costs of delivery will be your responsibility.
8.2. For the exchange of the product can be made, shall ensure that the package is complete (box, manual, warranty card, terminal and accessories) containing all the components that are in excellent condition.
8.3. In the absence of any of the elements mentioned above, or if any of the components is not in excellent condition, there will not be any exchange, the product being returned back to the user.
9.1. All products available in the shop are duly certified by the relevant international bodies.
9.2. Products and accessories have a warranty period defined by the manufacturer, which in legal terms is at least two (2) years. This period is considered from the product invoice date and may be exercised only on presentation of the guarantee certificate and / or proof of purchase (invoice) duly completed.
9.3. Are considered outside the warranty conditions, the products have passed the period defined by the manufacturer or have defects caused by abnormal wear, negligence or accidents and mishandling.
10. Intellectual Property
10.1. The shop is a registered site and the service provided by the site itself is the responsibility of WelcomeYarn.
10.2. You acknowledge that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
10.3. You acknowledge that any content appearing in advertising, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, the laws relating to industrial property and other proprietary protection laws, so any use of such content may only occur under the express permission of the respective holders.
10.4. The user undertakes to respect fully the rights referred to in the preceding paragraph, in particular by refraining from performing any acts that may violate the law or these rights, such as reproduction, sale, transmission or placement available to the public such content or any other unauthorized acts which have as their object the same content.
11.Condições Security Service
11.1. You agree to comply with all applicable legal provisions, in particular, not to practice or encourage the practice of illegal or offensive acts of morals, such as the indiscriminate sending of unsolicited communication (spamming) in breach of the law apply to the processing of personal data and advertising communications via automated calling machines, and shall observe the rules of use of the Service, otherwise the WelcomeYarn suspend or terminate the Service in accordance with Section 14.
11.2. The User expressly acknowledges and agrees that the IP network is a public network capable electronic communications use by multiple users, and as such, subject to computer overloads, so WelcomeYarn does not guarantee the provision of the service without interruption, loss of information or delays.
11.3. The WelcomeYarn not also ensures the provision of the service in unpredictable overload situations of the systems in which it is supported or force majeure (extraordinary situations or unpredictable nature, outside the WelcomeYarn and that the same can not be controlled).
11.4. In case of interruption of the provision of service for unpredictable reasons overload the systems on which it is supported, the WelcomeYarn undertakes to regularize their operation with as soon as possible.
12. Suspension and deactivation Shop Service
12.1. Regardless of any prior or subsequent communication, WelcomeYarn may, at any time, and in accordance with its sole discretion, discontinue providing the Service and or of the service to one or all users.
12.2. The WelcomeYarn reserves also the right to suspend or terminate immediately access to the Service in the following cases:
a) When the user does not comply with the conditions of use referred to in paragraph 4 and other referred to in the General Conditions;
b) When the WelcomeYarn cease access to the Lodge, by prior communication with an advance of 15 days from the date of termination.
12.3. The suspension or termination of service by WelcomeYarn under the preceding paragraphs, no matter the right of the User or third parties to any compensation or other compensation, not being able to WelcomeYarn be liable or any unencumbered way for any consequence resulting from the suspension, cancellation, cancellation of service.
12.4. In the above situations, WelcomeYarn notify the user in advance so that it can, wanting to safeguard the contents of your parcel viewing area within three (3) working days of the email sending or making available information on the main service page.
13.1. Without prejudice to other forms of communication provided for in the General Conditions, the notifications made to the user that relate to the Service, including changes to the General Conditions, may be made to the email address of the user by SMS or telephone contact .
13.2. You agree to receive any communication and / or notification relating to the Online Shop to the address, contact 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 via the Contact Form or through the option “Do not receive the Newsletter” inscribed on each Newsletter.
14. Technical Settings
14.1. Notwithstanding the following paragraph, the WelcomeYarn can change the Service and / or the technical conditions for the provision of the same and the respective rules of use, shall disclose to the User such changes with a minimum of fifteen (15) days.
14.2. The version in every moment into force of these General Conditions and its annexes is available on the electronic site www.welcomeyarn.pt
15.1. Whenever WelcomeYarn deemed necessary or convenient to optimize the browsing experience and / or improve connectivity conditions, you may remotely reformulate the network settings.
15.2. Without prejudice to the following paragraphs, and given the innovative nature of the service and technological developments that may be subject to WelcomeYarn can change the technical specifications of the same whenever it is deemed convenient to adapt it to any technological developments.
15.3. The WelcomeYarn does not guarantee however the user making any upgrades or improvements in service.
15.4. Some upgrades or new features of the Service may be available only against payment of the User and / or subscription for the same, Specific Terms of Service.
16.1. The User can submit any contractual disputes, the mechanisms of arbitration and mediation that are or may be legally constituted and complain to the WelcomeYarn acts and omissions that violate the legal provisions applicable to the purchase of goods.
16.2. The claim shall be submitted within thirty (30) days from the knowledge of the facts by the User, registered in WelcomeYarn information systems that will decide the complaint and notify the applicant within thirty (30) days from the date of its receipt.
17. Applicable Law
The Agreement is governed by Portuguese law.