Terms and Conditions
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 Store Service Joana D ´Arque (hereinafter referred to as “ Loja ”) by Joana D ´Arque Estatuetas Unipessoal LDA, headquartered at Rua José Lopes da Silva Granja nº60, Lomar, 4705-224 Braga under the unique registration and identification number of the legal person nº 506538397, hereinafter referred to as“ Joana D´ Arch ".
The Service consists of providing, through the address www.https: //joanadarque.com/loja of access to the Online Store that, in addition to providing information related to a set of products and / or services, allows the User, for electronically, order the products disclosed therein, under the terms and conditions described here.
The ordering of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of 18 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
Joana D´Arque 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 those presented online, you have the right to terminate the purchase contract under the applicable legal terms (see right of free resolution).
Joana D´Arque will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by Joana D´Arque, such as human errors or incidents in the computer systems, there is no it is possible to make available 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 telephone. At that moment, 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 can be changed at any time by Joana D´Arque.
3.1 All products and services sold at the Joana D´Arque Online Store are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however Joana D´Arque will not be responsible for any losses suffered by the User and / or by third parties, due to delays, interruptions, errors and suspensions of communications that originate in 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 service of infected files or containing viruses or other properties that may affect the User's equipment. If for any reason of error in accessing the online website of the Joana D´Arque Online Store it is impossible to provide a service, Joana D´Arque will not be responsible for any losses.
3.3 The consultations of data and information carried out within the scope of this Service are presumed to have been carried out by the User, and Joana D´Arque declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Joana D´Arque 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 Joana D´Arque 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 as a fraud or serious fault, not being responsible, namely, for (i) errors , omissions or other inaccuracies in relation to the 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 occurrence of force majeure situations, that is, situations of an extraordinary or unforeseen nature outside Joana D´Arque and that cannot be controlled by it, such as pandemics, fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural or other cataclysms situations not controllable by Joana D´Arque that prevent or hinder the fulfillment of the assumed obligations.
3.6. Joana D´Arque does not guarantee that:
1. i) the Service is provided uninterruptedly, is secure, without errors 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 regarding at the same;
• 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 your computer system and equipment or 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 warranty that is not expressed in these General Conditions.
3.7. The User accepts that Joana D´Arque can in no way be held responsible for any damage, including, but not limited to, damage due to loss of profits, data, content, or any other losses (even if previously notified by the User about the possibility of the occurrence of such damages), resulting:
1. i) the use or inability to use 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 imposed order limits.
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 Joana D´Arque declines any responsibility. In the event that the consumer breaches any of these obligations, Joana D ´Arque reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by Joana D´Arque to the same User; and, still, not allow the future access of the User to any or any services provided by Joana D´Arque.
4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of reselling goods.
5. Privacy and Protection of Personal Data
5.1. Joana D´Arque 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 Joana D´Arque. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service by Joana D´Arque.
5.3. The User's personal data will be processed and stored by computer and are intended to be used by Joana D´Arque within the scope of the contractual and / or commercial relationship with the User and, in case of authorization by the User, for the marketing to indicate if the case and according to the company's objective.
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, as well as the right to oppose their use for the purposes provided for in the previous number, and for this purpose, contact the entity responsible for the processing of personal data: Joana D´Arque - Estatuetas Unipessoal LDA.
5.5. The Internet is an open network, so that 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, Joana D not being able to ´Arque be held responsible for such access and / or use.
6. Canceling orders
6.1 At the request of the User:
The User can cancel his order by asking Joana D´Arque through the phone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After its processing, Joana D´Arque 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 Joana D´Arque:
1. a) Order number
2. b) TIN with which you placed the order and delivery address
6.2 By decision of Joana D´Arque:
Joana D´Arque 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. Joana D´Arque 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 unrelated to Joana D´Arque .
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 asset.
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 (such as by e-mail) within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to Joana D´Arque 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)
- To [insert the name, geographic address and, where appropriate, the fax number and e-mail address of the professional here]:
- By this communication / we communicate (*) that I am resolving / we have resolved (*) of my / our (*) purchase and sale contract relating to the following asset / for the provision of the following service (*) - Requested at (* ) / received at (*) -
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:
Joana D´Arque - Estatuetas Unipessoal LDA
Rua José Lopes da Silva Granja nº60 Lomar, 4705-224 Braga
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
7.2. Upon receipt of the return at Joana D´Arque, the amount corresponding to the amount paid for the order (value of the sales invoice) will be returned to the User. 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 bank transfer, 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, the product being sent back to the initial shipping address.
8.1. 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. .
8.2. The User agrees to receive any and all communication and / or notification related to the Online Store, to the address, contact phone 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.
9. Applicable Law
The Contract is governed by Portuguese law.