Terms and conditions
ENDLESS JOURNEY, ONE PERSON
1. Scope and Object of the General Conditions
These General Conditions are intended, with the form and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Service by ENDLESS JOURNEY, UNIPESSOAL by AQUA INNOVATION, headquartered in Travessa Nova do Stadium nº 108 1A, under the single registration and identification number of legal person nº 515945633, hereinafter referred to as ENDLESS JOURNEY, UNIPESSOAL.
The Service consists of providing, through the address www.aquainnovation.pt, access to the Online Store which, in addition to providing information on a set of products and/or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions described herein.
Products must be ordered by Users aged 16 (sixteen) or older. The elements and information transmitted by the User will enjoy full legal effects, the User recognizing the electronic purchases, and the User cannot claim the lack of a signature for non-compliance with the assumed obligations.
2. Product and Content Information
ENDLESS JOURNEY, UNIPESSOAL 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 characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination - see point 9).
ENDLESS JOURNEY, UNIPESSOAL 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 ENDLESS JOURNEY, UNIPESSOAL, such as human errors or incidents in the computer systems, it is not possible to provide 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 by telephone. At that time, you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment.
All information about prices, products, specifications, promotional actions and services may be changed at any time by ENDLESS JOURNEY, UNIPESSOAL.
3. Responsibilities
3.1 All products and services marketed by ENDLESS JOUNEY, UNIPESSOAL are in accordance with Portuguese Law.
3.2 The Store has adequate security levels, however ENDLESS JOURNEY, UNIPESSOAL will not be liable for any damages suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors outside the its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connecting software or any computer viruses or resulting from downloading through the service of infected files or files containing viruses or other properties that may affect the User's equipment. If for any reason of an error in accessing the website of ENDLESS JOURNEY, UNIPESSOAL it is impossible to provide a service, ENDLESS JOURNEY, UNIPESSOAL will not be liable for any damages.
3.3 Data and information queries carried out within the scope of this Service are presumed to be carried out by the User, and ENDLESS JOURNEY, UNIPESSOAL declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 ENDLESS JOURNEY, UNIPESSOAL 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 intent or gross negligence.
3.5 ENDLESS JOURNEY, UNIPESSOAL 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 by way of intent or gross negligence, not being responsible in particular for (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damage caused by the fault of the User or third parties, including infringements of intellectual property, (iii) for non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective performance resulting from the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, external to ENDLESS JOURNEY, UNIPESSOAL and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of ENDLESS JOURNEY, UNIPESSOAL that prevent or hinder the fulfillment of assumed obligations.
3.6 ENDLESS JOURNEY, UNIPESSOAL does not guarantee that:
i) the Service is provided on an uninterrupted basis, is secure, error-free or functions 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 regarding the same;
iii) any material obtained in any way through the use of the Service is used at the User's expense and risk, who is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this 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 ENDLESS JOURNEY, UNIPESSOAL cannot in any way be held liable for any damage, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if previously advised by User about the possibility of occurrence of such damage), 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 this reason there is a delay or impossibility in processing the order, or any non-delivery, the User is responsible, and ENDLESS JOURNEY, UNIPESSOAL declines any responsibility. In case the consumer violates any of these obligations, ENDLESS JOURNEY, UNIPESSOAL reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by ENDLESS JOURNEY, UNIPESSOAL to the same User; and also not to allow the User's future access to any or any services provided by ENDLESS JOURNEY, UNIPESSOAL.
4.3 It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purpose of resale of goods.
5. Privacy and Personal Data Protection
5.1 ENDLESS JOURNEY, UNIPESSOAL guarantees the confidentiality of all data provided by Users.
5.2 The personal data identified in the order form as being of mandatory supply are indispensable for the provision of the Service by ENDLESS JOURNEY, UNIPESSOAL. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to the refusal to provide the Service by ENDLESS JOURNEY, UNIPESSOAL.
5.3 The User's personal data will be processed and stored by computer and are intended to be used by ENDLESS JOURNEY, UNIPESSOAL 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 THE CASE AND IN ACCORDANCE WITH THE COMPANY'S PURPOSE IN CONCRETE
5.4 Under applicable law, 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 object to their use for the intended purposes. in the previous number, and for this purpose, contact the entity responsible for the processing of personal data: ENDLESS JOURNEY, UNIPESSOAL.
5.5 The Internet is an open network. User's personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even at the risk of being accessible and used by unauthorized third parties for this purpose, and ENDLESS JOURNEY, UNIPESSOAL cannot be responsible for such access and/or use.
6. Order cancellation
6.1 Upon User's request this you can cancel your order by requesting it from ENDLESS JOURNEY, UNIPESSOAL 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 processing, ENDLESS JOURNEY, UNIPESSOAL will try to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must provide the following information to ENDLESS JOURNEY, UNIPESSOAL:
i) Order number
ii) NIF with which you placed the order and delivery address
6.2 By decision of ENDLESS JOURNEY, UNIPESSOAL this reserves the right not to process orders, when verifying any inconsistency in the personal data presented or observing misconduct on the part of the buyer. ENDLESS JOURNEY, UNIPESSOAL 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 outside ENDLESS JOURNEY, UNIPESSOAL .
7. Return (Right of Termination)
7.1 The User, in the case of being a consumer, may exercise the right of withdrawal without demanding any compensation, within a period of 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 of his/her identification data, the subscribed service that he/she intends to resolve and the subscription date. The communication must be made, by letter, by returning the purchased good, or by other suitable and susceptible means of 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 ENDLESS JOURNEY, UNIPESSOAL in the proper conditions of use.
Draft for free termination form (you only need to fill in and return this form if you want to terminate the contract) :
To [insert the professional's name, geographic address and, if appropriate, fax number and e-mail address];
By this communication / we communicate (*) that I have / resolved (*) of 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 notified on paper). (*) Strike out what doesn't matter.
7.2 Upon receipt of the return at ENDLESS JOURNEY, UNIPESSOAL will be returned to the User the amount corresponding to the amount paid for the order (sales invoice amount). 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 method of payment used in the respective order. In case of credit card payments these are credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. The refund is made up to 14 days after receiving the free resolution and after receiving the return of the item.
8. Intellectual Property
8.1 The Store is a registered website and the Service provided by the website itself is the responsibility of ENDLESS JOURNEY, UNIPESSOAL.
8.2 The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
8.3 The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, the laws relating to industrial property and other property protection laws, by that any use of these contents can only take place under the express authorization of the respective owners.
8.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely by refraining from performing any acts that may violate the law or those rights, such as reproduction, marketing, transmission or placement available to the public of such contents or any other unauthorized acts that have the same contents as their object.
9.Security Conditions of the Service
9.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the law 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 ENDLESS JOURNEY, UNIPESSOAL suspending or deactivating the Service as provided for in point 14.
9.2. The User expressly recognizes and accepts that the IP Network is a public electronic communications network that can be used by several users, and as such, subject to computer overload, so ENDLESS JOURNEY, UNIPESSOAL does not guarantee the provision of the Service without interruptions, loss information or delays.
9.3. ENDLESS JOURNEY, UNIPESSOAL also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to and which ENDLESS JOURNEY, UNIPESSOAL cannot be controlled).
9.4. In case of interruption of the provision of the Service due to unpredictable overload of the systems on which it is supported, ENDLESS JOURNEY, UNIPESSOAL undertakes to regularize its operation as soon as possible.
10. Suspension and deactivation of the Service
10.1. Regardless of any prior or subsequent communication, ENDLESS JOURNEY, UNIPESSOAL may, at any time, and at its sole discretion, discontinue providing the Service and/or part of the Service to one or all Users.
10.2. ENDLESS JOURNEY, UNIPESSOAL also reserves the right to immediately suspend or terminate access to the Service, in the following cases:
i) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
ii) When ENDLESS JOURNEY, UNIPESSOAL terminates access to the Store, upon prior notice 15 days prior to the termination date.
10.3. The suspension or termination of the Service by ENDLESS JOURNEY, UNIPESSOAL, pursuant to the preceding paragraphs, does not affect the User's or third parties' right to any indemnity or other compensation, and ENDLESS JOURNEY, UNIPESSOAL cannot be held responsible or in any way burdened by any consequences resulting from the suspension, cancellation, cancellation of the Service.
10.4. In the situations described above, ENDLESS JOURNEY, UNIPESSOAL will notify the User, in advance, so that the User can, if he wishes, safeguard the content of his order viewing area within 3 (three) working days from the sending of the e- e-mail or making information available on the main page of the Service.
11.Communications
11.1. 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 by telephone .
11.2. The User accepts to receive any and all communication and/or notification related to the Online Store, to the address, contact telephone 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 “Not receive the Newsletter” registered in each Newsletter.
12.Technical Settings
12.1. Without prejudice to the provisions of the following number, ENDLESS JOURNEY, UNIPESSOAL may change the Service and/or the technical conditions of provision thereof, as well as the respective rules of use, and shall disclose such changes to the User at least 15 (fifteen) ) days.
12.2. The current version of these General Conditions and their annexes is available on the website www.aquainnovation.pt.
13.Communications
13.1. Whenever ENDLESS JOURNEY, UNIPESSOAL deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
13.2. Without prejudice to the provisions of the following paragraphs, and bearing in mind the innovative nature of the Service and the technological evolutions to which it may be subject, ENDLESS JOURNEY, UNIPESSOAL may change its technical settings whenever deemed convenient to adapt it to any technological developments .
13.3. ENDLESS JOURNEY, UNIPESSOAL does not, however, guarantee the User to carry out any upgrades or improvements to the Service.
13.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription, by the User, of Specific Conditions of use.
14.Complaints
14.1. The User may submit any contractual conflicts, to arbitration and mediation mechanisms that are or will be legally established, as well as complain to ENDLESS JOURNEY, UNIPESSOAL about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
14.2. The complaint must be presented 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 ENDLESS JOURNEY, UNIPESSOAL, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
15.Applicable Law
The Contract is governed by Portuguese Law.