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- Scope and Object of the General Conditions of the Store
The Service consists of making available, 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, under 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 must have the authorization of their representatives). The elements and information transmitted by the User will enjoy full legal effects, and the User will recognise the electronic acquisitions, and the User may not claim the lack of signature for non-compliance with the obligations assumed. - Product Information and Contents
MSTORE will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of withdrawal - see point 9).
MSTORE will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for MSTORE to control, such as human errors or incidents in computer systems, it will not be possible to provide any of the products requested by the User. If any product is not available after you have placed the 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 the respective refund, if you have already made the respective payment.
All information on price, products, specifications, promotional actions and services may be changed at any time by MSTORE. - Responsibilities
3.1 All products and services sold in the MSTORE Online Store are in accordance with Portuguese Law.
3.2 The Store has the appropriate levels of security, however MSTORE 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 its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, modems, connection software or any computer viruses or resulting from the download through the service of infected files or containing viruses or other properties that may affect the User's equipment. If for any reason of an error in accessing the MSTORE Online Store website it is impossible to provide service, MSTORE will not be responsible for any damages.
3.3 Data and information consultations made within the scope of this Service are presumed to be made by the User, and MSTORE declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 MSTORE will not be liable for any loss or damage caused by abusive use of the Service that is not directly attributable to it by way of intent or gross negligence.
3.5 MSTORE is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as a result of intent or gross negligence, and is not responsible in particular for (i) errors, omissions or other inaccuracies related to the information made available through the Service; (ii) damage caused by the fault of the User or third parties, including intellectual property violations, (iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, i.e. situations of an extraordinary or unforeseeable nature, outside MSTORE and that 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 prevent or impair the fulfillment of the obligations assumed.
3.6. MSTORE does not guarantee that:
i) the Service is provided on an uninterrupted basis, is secure, error-free, or operates infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfils any of your expectations in relation to the Service;
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 to your computer system and equipment or for any loss of data that results from such operation.
iv) no advice or information, whether oral or written, obtained by the User from or through the Service shall create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that MSTORE cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of such damages), resulting from:
i) the use or inability to use 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 correct personal data and 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 this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and MSTORE declines any responsibility. In the event that the consumer violates any of these obligations, MSTORE reserves the right to eliminate 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 the User future access to any or all services made available by MSTORE.
4.3. The use of products and services purchased for commercial purposes, namely for the purpose of reselling goods, is expressly prohibited. - 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 are indispensable for the provision of the Service by MSTORE. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may lead to the refusal of the Service by MSTORE
5.3. The User's personal data will be processed and stored electronically and are intended to be used by MSTORE within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of the User.
5.4. Nos termos da legislação aplicável, é garantido ao Utilizador, sem encargos adicionais, o direito de acesso, retificação e atualização dos seus dados pessoais, diretamente ou mediante pedido por escrito, bem como o direito de oposição à utilização dos mesmos para as finalidades previstas no número anterior, devendo para o efeito contactar a entidade responsável pelo tratamento dos dados pessoais: Magnelusa Electrónica 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 running the risk of being accessible and used by unauthorized third parties 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 their order by requesting it from MSTORE through 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 its processing, MSTORE will attempt 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 MSTORE:
a) Order number
b) VAT number with which you placed the order and delivery address
6.2 By decision of MSTOREA MSTORE reserva-se no direito de não processar encomendas, quando verificar alguma inconsistência nos dados pessoais apresentados ou observar má conduta por parte do comprador. A MSTORE reserva-se no direito de não efetuar o processamento de qualquer encomenda ou reembolso, no caso de se verificarem erros nos valores e/ou características dos produtos, quando estes decorrerem de problemas técnicos ou erros alheios à MSTORE.
- Return (Right of Withdrawal)
7.1. The User, in the case of being a consumer, may exercise the right of withdrawal without being required to pay 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 their identification data, the subscribed service they wish to terminate and the date of subscription. The communication must be made, by letter, through the return of the acquired good, or by other 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 in the proper conditions of use.
Draft for the free withdrawal form (you should only fill in and return this form if you want to terminate the contract)- To [insert here the name, geographical address and, if necessary, the fax number and e-mail address of the professional]:
- We hereby communicate/communicate (*) that I terminate/terminate (*) my/our (*) purchase and sale contract relating to the following good/for the provision of the following service (*) — Requested on (*)/received on (*) —
Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is served on paper). (*) Crossing out what doesn't matter.
The package must be returned complete, as it was delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document proving receipt of the product. The package and the documents indicated must be sent free of charge to the following address:MSTORE
Estrada Real nº 33 Edificio B - Park Real
Ral
2710-450 SintraThe shipping costs of the return will be your responsibility.
7.2. Upon receipt of the return at MSTORE, the User will be refunded 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, that is, the refund will only be for the amount actually paid.
7.3. The method of refund of the amount to be returned depends on the payment method used in the respective order. For credit card and PayPal payments, they are credited to their accounts. In other cases, when information from the NIB is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by cheque to the billing address. The refund is made within 14 days after receipt of the will for free resolution and receipt of the return of the good.
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 resent back to the initial shipping address.
7.5. During the Black Friday and Christmas period (from November 22nd to December 24th) returns are accepted until January 7th
7.6. Except for a technical anomaly, there are items that by their nature cannot be accepted for returns/exchanges, such as earphones/headphones/headsets, batteries or consumables and items that have the seals of the brand's packaging broken.You can consult our Policy on Exchanges and Returns at https://www.mstore.pt/trocas-devolucoes/
- Manufacturing defect
8.1. In the event of a "manufacturing defect", i.e. when faults are detected in the equipment that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, together with a copy of the invoice and the completed "Request for Exchange/Return of Equipment" form, within a maximum period of 30 calendar days from the date of the invoice, to the following address:
MSTORE
Estrada Real nº 33 Edificio B - Park Real
Ral
2710-450 Sintra
If the User chooses other forms of return, the respective shipping costs will be their 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 is not in excellent condition, there will be no exchange, and the product will be sent back to the User. - Warranty
9.1. All equipment available in the Store is duly certified by the competent 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 equipment invoice 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, bad weather, electrical discharges, negligence or accidents, mishandling, 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 breaks down, and if it is covered by the warranty, the User may go with it, and respective proof of purchase and/or warranty, to a technical assistance center of the brand.
9.5. Accessories covered by the warranty, which are damaged, must be sent, with the respective proof of purchase and/or warranty, to the following address:MSTORE
Estrada Real nº 33 Edificio B - Park Real
Ral
2710-450 Sintra
If the User chooses other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT Receipt that proves the shipment of the order.9.6. If the equipment breaks down and this fault is not covered by the warranty, the User may go with it, and proof of purchase, to a technical assistance center of the brand.
9.7. If it is impossible to repair, either due to lack of parts or unfeasible repair cost (equal to or greater than the cost of a new product), a voucher of equal value to the product is issued with a validity of 365 days, thus it is not possible to return it in monetary value or by the same payment method. - 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. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
10.3. The User acknowledges that any content that appears in the advertising, highlight, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, by the laws relating to industrial property and other laws for the protection of property, so that any use of such content may only occur under the express authorisation of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from carrying out any acts that may violate the law or said rights, such as the reproduction, marketing, transmission or making available to the public of such content or any other unauthorised acts that have the same content as their object. - Service Security Conditions
11.1. The User undertakes to comply with all applicable legal provisions, in particular, not to practice or encourage the practice of illegal or offensive acts of good morals, 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 of use of the Service, under penalty of MSTORE suspending or deactivating the Service under the terms provided for in point 14.
11.2. The User expressly acknowledges and accepts that the IP Network is a public electronic communications network susceptible to 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 the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, external to MSTORE and which cannot be controlled by it).
11.4. In the event of interruption in the provision of the Service due to unforeseeable overload of the systems on which it is supported, MSTORE undertakes to regularize its operation as soon as possible possível. - Suspension and Disabling of the Store Service
12.1. Regardless of any prior or subsequent notice, MSTORE may, at any time, and in its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
12.2. MSTORE further reserves the right to immediately suspend or 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, upon prior notice of 15 days prior to the date of termination.
12.3. The suspension or termination of the Service by MSTORE, under the terms of the previous numbers, does not affect the right of the User or third parties to any compensation or other compensation, and MSTORE cannot be held responsible or in any way burdened for any consequence resulting from the suspension, cancellation, cancellation of the Service.
12.4. In the situations described above, MSTORE will notify the User in advance so that he/she can, if he/she wishes, safeguard the content of his/her order viewing area within 3 (three) working days from the sending of the e-mail or availability of the information on the main page of the Service. - Communications
13.1. 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 by telephone.
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 can request not to receive these communications and/or notifications through the Contact Form or through the option "Do not receive the Newsletter" included in each Newsletter. - Technical Settings
14.1. Without prejudice to the provisions of the following paragraph, MSTORE may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and must notify the User of such changes at least fifteen (15) days in advance.
14.2. The current version of these General Conditions and its annexes at any time is available on the website www.mstore.pt - Changes
15.1. Whenever MSTORE deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
15.2. Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, MSTORE may change its technical configurations whenever it is convenient to adapt it to any technological developments.
15.3. MSTORE does not, however, guarantee the User any upgrades or improvements to the Service.
15.4. Some upgrades or new features of the Service may be available only against payment by the User and/or subscription by the User to Specific Conditions of Use. - Complaints
16.1. The User may submit any contractual conflicts to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to MSTORE about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. 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 MSTORE's information systems, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, from the date of its receipt. - Governing Law
The Contract is governed by Portuguese law.