- Scope and Object of the General Conditions of the Store
The Service consists of the provision, through the www.mstore.pt address of access to the Online Store, which, in addition to providing information regarding a set of products and/or services, allows the User, electronically, to order the products disclosed therein, in the terms and conditions described herein.
The order of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of 18 years old (individuals under the age of 18 years old must have the authorization of their representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User's electronic acquisitions, and the User may not claim the lack of signature for non-compliance with the obligations assumed.
- Product and Content Information
MSTORE will do its best to prevent the information presented from containing typographical errors, and will be quickly corrected whenever they occur. If you purchase a product that has different characteristics than those presented online, you have the right to resolve the purchase agreement in accordance with the applicable legal terms (right of free resolving - see paragraph 9).
MSTORE will do its best to ship all the products ordered, but it is possible that, in certain cases and due to causes that are difficult to control by MSTORE, such as human errors or incidents on computer systems, it is not possible to make any of the products requested by the User available. If any product is not available after you have placed your order, you will be notified by email or by phone. At that time you will be presented with the possibility to cancel the order with its refund if you have already made the payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by MSTORE.
3.1 All products and services marketed in the MSTORE Online Store are in accordance with Portuguese Law.
3.2 The Store has adequate levels of security, however MSTORE will not be liable for any damages suffered by you and/or third parties, due to delays, interruptions, errors and suspensions of communications arising from factors outside its control, in particular 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 arising from downloading ("downloading") through the service of infected files or containing viruses or other properties that may affect your equipment. If for any reason of error of access to the mstore online store's website there is an inability to provide service, MSTORE will not be responsible for any damages.
3.3 The consultations of data and information made under this Service are presumed by the User, declining to MSTORE any liability arising from the abusive or fraudulent use of the information obtained.
3.4 MSTORE shall not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it by way of deed or serious fault.
3.5 MSTORE is not liable for damages or damages arising from non-compliance or defective performance of the Service when it is not directly or indirectly attributable to it as intent or serious fault, not being liable in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including infringements of intellectual property, (iii) for non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) failure to comply with or defective compliance resulting from situations of force-greater force, i.e. situations of an extraordinary or unpredictable nature , outside the [STORE and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by MSTORE that impede or impair the fulfilment of the obligations assumed.
3.6. MSTORE does not guarantee that:
- i) the Service is provided uninterruptedly, secure, error-free, or works infinitely;
- 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 thereto;
- iii) any material obtained in any way through the use of the Service is used at your own risk, and you are solely responsible for any damage caused to your computer system and equipment or for any loss of data resulting from such operation.
- 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. You agree that MSTORE cannot in any way be liable for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if you have been previously advised of the possibility of such damages occurring), resulting from:
- i) 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.
- 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 of imposed orders.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the user is responsible, and MSTORE declines any responsibility. In the event that the consumer violates any of these obligations, MSTORE reserves the right to delete future purchases, block access to the store, cancel the provision of any other services made available simultaneously by MSTORE to the same User; and also not allow your future access to any or all services made available by MSTORE.
4.3. The use of products and services purchased for commercial purposes, in particular for the purpose of resale of goods, is expressly prohibiting.
- Privacy and Protection of Personal Data
5.1. MSTORE guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being mandatory is indispensable to the provision of the Service by MSTORE. The omission or inaccuracy of the data provided by the User is your sole and sole responsibility and may give rise to MSTORE's refusal to provide the Service.
5.3. The User's personal data will be processed and stored informationically and are intended to be used by MSTORE in the context of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND IN ACCORDANCE WITH THE PURPOSE OF THE COMPANY IN CONCRETE
5.4. Under applicable law, the User is guaranteed, without additional charges, the right of access, rectification and updating of his/her personal data, directly or upon written request, as well as the right to opposed the use thereof for the purposes provided for in the preceding paragraph, and must contact the entity responsible for the processing of the personal data : Magnelusa Electronics SA.
5.5. The Internet is an open network, so the user's personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even at risk of being accessible and used by third parties not authorized for this purpose, and MSTORE cannot be held responsible for such access and/or use.
- Cancellation of orders
6.1 At the user's request
The User may cancel his order by requesting it from MSTORE by means of the telephone number or e-mail referring to the order number, which will be accepted as long as it has not yet been processed. After processing, MSTORE will attempt to deliver it, but you have the option of not accepting it.
For the purpose of cancellation the User must indicate the following data to MSTORE:
- a) Order number
- b) NIF with which you placed the order and delivery address
6.2 By decision of MSTORE
MSTORE reserves the right not to process orders when it notices any inconsistency in the personal data presented or notices misconduct on the part of the buyer. MSTORE reserves the right not to process 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 unrelated to MSTORE.
- Return (Right of Resolution)
7.1. The User, in the event of a consumer, may exercise the right of resolving without being required for any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.
To exercise this right, the User may use the draft indicated below, and must indicate all his/her identification data, the subscribed service he/she intends to resolve and the date of subscription. The communication must be made, by letter, by the return of the acquired good, or by another appropriate means and susceptible to proof within the period defined above.
The consumer must within 14 (fourteen) days from the date of communication of the resolution return the goods to MSTORE under the appropriate conditions of use.
Draft for free resolution form (you must only complete and return this form if you want to resolve the contract)
- To [enter here the name, geographical address and, where appropriate, the fax number and email address of the professional]:
- Hereby communicate/communicate (*) that I resolve/resolve (*) my/our (*) purchase and sale agreement relating to the following good/for the provision of the following service (*) — Requested in (*)/received in (*) —
Consumer's name - Address of the consumer(s) - Signature of the consumer(s) (only in the event that this form is notified on paper). (*) Cross out what doesn't matter.
The packaging must be returned complete, as delivered and accompanied by all the documentation received, in particular the following documents: sales invoice and the document proving receipt of the product. The packaging and documents indicated must be sent free of charge to the following address:
Estrada Real nº 33 Edificio B - Park Real
The charges for sending the return will be your responsibility.
7.2. Upon receipt of the return in MSTORE will be returned to the User the amount corresponding to the amount paid for the order (value of the sales invoice). If you have used a promotional discount code, this amount will not be refunded, i.e. 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 credit card payments PayPal, they are credited to their accounts. In other cases, when NIB information is provided, a refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is made up to 14 days after receipt of the free resolving will and receipt of the return of the goods.
7.4. 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.
7.5. During the Black Friday and Christmas period (from 25 November to 24 December) returns are accepted until 6 January.
7.6. Except for a technical anomaly, there are articles that by their nature cannot be accepted for returns/exchanges of which headsets/headphones/headsets, batteries or consumables and articles that have broken brand packaging seals.
You can consult our Trade and Returns Policy in https://www.mstore.pt/pt/mstore/trocas-devolucoes_641.html
- Manufacturing defect
8.1. In the event of a "manufacturing defect", i.e. when equipment malfunctions are found that, in principle, do not fall within the scope of its warranty, the User must return the equipment, together with a copy of the invoice and the completed "Equipment Exchange/Return Request" form, within a maximum of 30 consecutive days from the date of the invoice, to the following address:
Estrada Real nº 33 Edificio B - Park Real
If you choose other forms of return, your shipping costs will be your responsibility.
8.2. 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.
8.3. 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.
9.1. All equipment available in the Store is duly certified by the relevant international entities.
9.2. The equipment and accessories have a warranty period defined by the manufacturer, which under the legal terms is at least 2 (two) years. This period is considered from the date of the invoice of the equipment and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.
9.3. Equipment that has exceeded the period defined by the manufacturer or has defects caused by abnormal wear, improper installation, weather, electrical discharge, negligence or accidents, poor handling, infiltration of moisture/liquids, use of non-original accessories and technical interventions by unauthorized personnel are considered outside the warranty conditions.
9.4. If the equipment malfunctions, and if it is covered by the warranty, you may contact the equipment, and its proof of purchase and/or warranty, to a technical assistance center of the brand.
9.5. The accessories covered by the warranty, which are in need, must be sent, with their proof of purchase and/or warranty, to the following address:
Estrada Real nº 33 Edificio B - Park Real
If you choose other forms of return, your shipping costs will be your responsibility. The User must always request the CTT Bead to prove the shipment of the order.
9.6. If the equipment malfunctions and this malfunction is not covered by the warranty, you may contact the equipment and your proof of purchase to a brand service center.
- Intellectual property
10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of MSTORE.
10.2. You acknowledge that the Service contains confidential information and is protected by copyright and related, industrial property and other applicable legislation.
10.3. You acknowledge that any content that is in the advertising, highlight, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, so any use of such content may only occur under the express permission of its owners.
10.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, in particular by refraining from engaging in any acts that may violate the law or such rights, such as reproduction, marketing, transmission or make available to the public of such content or any other unauthorized acts that have as their object the same content.
11.Service Security Conditions
11.1. The User undertakes to comply with all applicable legal provisions, in particular, not to engage in or encourage the practice of unlawful 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 comply with the rules of use of the Service, under penalty of MSTORE suspending or disabling the Service in accordance with paragraph 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network capable of use by several users, and as such, subject to computer overloads, so MSTORE does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. MSTORE also does not guarantee the provision of the Service in situations of unforeseeable overload of systems in which it is supported or of force-greater force (situations of an extraordinary or unpredictable nature outside the MSTORE and which cannot be controlled by it).
11.4. In the event of interruption of the provision of the Service for reasons of unforeseeable overload of the systems on which it is supported, MSTORE undertakes to regularise its operation as soon as possible.
- Suspension and deactivation of the Store Service
12.1. Regardless of any prior or subsequent communication, MSTORE 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.
12.2. MSTORE also reserves the right to suspend or immediately terminate access to the Service in the following cases:
a) When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When MSTORE ceases access to the Store, by prior communication 15 days before the termination date.
12.3. The suspension or termination of the Service by MSTORE, in accordance with the preceding issues, does not matter the right of the User or third parties to any compensation or other compensation, and MSTORE may not be held liable or in any way taxed, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
12.4. In the situations described above, MSTORE will communicate to the User, in advance so that the User can, willingly, safeguard the content of his area of parcel viewing within 3 (three) working days of sending the e-mail or making the information available on the main page of the Service.
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact.
13.2. The User agrees to receive any and all communication and/or notification related to the Online Store, to the address, contact telephone number and or email address ("e-mail") indicated in the order process.
At any time, you may request that you do not receive these communications and/or notifications through the Contact Form or through the option "Do not receive the Newsletter" entered in each Newsletter.
- Technical Settings
14.1. Without prejudice to the following paragraph, MSTORE may change the Service and/or the technical conditions of its provision, as well as its rules of use, and shall disclose to the User such changes at least fifteen (15) days in advance.
14.2. The version at every time in force of these General Conditions and their annexes is available on the www.mstore.pt
15.1. Where MSTORE deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely redesign network configurations.
15.2. Without prejudice to the following paragraphs, and in view of the innovative nature of the Service and the technological developments to which it may be subject, MSTORE may change the technical settings of the service whenever this proves appropriate to adapt it to any technological developments.
15.3. MSTORE does not, however, warrant to the User to make any upgrades or improvements to the Service.
15.4. Some upgrades or new features of the Service may be available only against your payment and/or subscription by you to Specific Conditions of Use.
16.1. The User may submit any contractual disputes, to the arbitration and mediation mechanisms that are or will be legally constituted, as well as to complain to MSTORE of acts and omissions that violate the legal provisions applicable to the acquisition of assets.
16.2. The complaint must be submitted within a maximum of thirty (30) days, counted from the knowledge of the facts by the User, being registered in the information systems of MSTORE that must decide the complaint and notify the interested party within a maximum of thirty (30) days, from the date of its receipt.
- Applicable Law
The Contract is governed by Portuguese law.