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- Scope and Purpose of the General Terms and Conditions of the Store
These General Terms and Conditions, together with the order form and other elements referred to therein, are intended to regulate the terms and conditions governing the provision of the Service and the Online Store. www.octopusmission.pt (“Service” or “Store”) by OCTOPUSMISSION – Unipessoal Ltda., with registered office at Rua da Portelinha nº 434 2º tráss, 4510-638 Fânzeres – Gondomar, under the unique registration and corporate tax identification number 518 499 944, with a share capital of €5,000.00, hereinafter referred to as “Octopusmission “.
The Service consists of providing, through the address www.octopusmission.pt, access to the Online Store which, in addition to providing information relating to a range of products and/or services, allows the User to order the products and/or services advertised therein electronically, under the terms and conditions described herein.
1 The order for products and/or services must be made by Users aged 18 (eighteen) years or older. The elements and information transmitted by the User will have full legal effect, the User acknowledging electronic purchases, and may not claim lack of signature for Failure to fulfill the obligations assumed.
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- Product Information and Content
A Octopusmission will do everything possible to ensure that the information presented does not contain typographical errors, and they will be corrected quickly whenever they occur. If you purchase a product and/or service that has different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free resolution – see item 9).
A Octopusmission will do everything possible to send all the products ordered and to perform the proposed services, but it is possible that in certain cases and due to causes difficult to control by Octopusmission, such as human error or incidents in computerized systems, it may not be possible to provide some of the products and/or services requested by the User. If any product and/or service is not available after you have placed the order, you will be notified by email or telephone. At that time, you will be given the option to cancel the order with a 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 Octopusmission.
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- Responsibilities
3.1 All products and services sold in the Online Store www.octopusmission.pt comply with Portuguese Law.
3.2 The Store has adequate security levels, however, Octopusmission 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, notably, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by modems, by connection software or any computer viruses or resulting from downloading infected files or files containing viruses or other properties that may affect the User's equipment. If for any reason of error accessing the Online Store's website www.octopusmission.pt there is an impossibility of providing the service, Octopusmission will not be responsible for any losses.
3.3 Data and information queries made within the scope of this Service are presumed to be made by the User, and the Octopusmission disclaims any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 The Octopusmission will not be liable for any losses or damages caused by abusive uses of the Service that are not directly attributable to it due to intent or gross negligence.
3.5 The Octopusmission is not responsible for losses or damages arising from non-compliance or defective compliance with the Service when this is not directly or indirectly attributable to it due to intent or gross negligence, and is not 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 violations of intellectual property, (iii) for non-compliance or defective compliance resulting from compliance with judicial or administrative decisions or (iv) for non-compliance or defective compliance resulting the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to Octopusmission and which cannot be controlled by it, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond its control.a Octopusmission that prevent or hinder the fulfillment of the obligations assumed.
3.6. A Octopusmission does not guarantee that:
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- i) the Service will be provided uninterruptedly, securely, error-free, or will function indefinitely;
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- ii) the quality of any product, service, information, or any other material purchased or obtained through the Service will meet any expectations of the User in relation to it;
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- iii) any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.
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- iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty not expressly stated in these General Conditions.
3.7. The User accepts that Octopusmission cannot in any way be held liable for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if the User has been previously advised of the possibility of such damages occurring), resulting from:
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- i) the use or inability to use the Service;
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- ii) the difficulty in obtaining any substitute goods/services;
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- iii) unauthorized access to or modification of personal databases.
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- Consumer Obligations
4.1. The user undertakes to:
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- i) Provide correct personal data and addresses;
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- ii) Not use false identities;
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- iii) Respect the imposed order limits.
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 eventual non-delivery,and/or performance of service,the responsibility lies with the User, and Octopusmission declines any responsibility. In the event that the consumer violates any of these obligations, Octopusmission reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Octopusmission to the same User; and also, not to allow the User future access to any or all services made available by Octopusmission.
4.3. The use of the products and services acquired for commercial purposes, notably for the purpose of reselling goods, is expressly prohibited.
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- Privacy and Protection of Personal Data
5.1. Octopusmission guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the application form as mandatory are indispensable for the provision of the Service by OctopusmissionThe omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may lead to the refusal to provide the Service by Octopusmission.
5.3. The User's personal data will be processed and stored electronically and are intended for the use of Octopusmission within the scope of the contractual and/or commercial relationship with the User.
5.4. Under applicable law, the User is guaranteed, at no additional cost, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to the use of the same for the purposes set out in the previous paragraph, and for this purpose must contact the entity responsible for processing personal data: OCTOPUSMISSION – Unipessoal Lda.
5.5. The Internet is an open network, therefore the User's personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, including the risk of being accessed and used by unauthorized third parties for this purpose, and the Octopusmission cannot be held responsible for such access and/or use.
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- Cancellation of orders and/or services
6.1 At the User's request
The User may cancel their order by requesting it from Octopusmission via telephone number or email, referring to the order number, which will be accepted provided it has not yet been processed. After processing, the Octopusmission will attempt to deliver it, but the User has the option not to accept it.
For cancellation purposes, the User must provide the following information to Octopusmission:
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- a) Order number
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- b) CNPJ (Brazilian tax ID) used for the order and delivery address
6.2 By decision of Octopusmission
A Octopusmission reserves the right not to process orders and/or perform services when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Octopusmission reserves the right not to process any order and/or service or refund in the event of errors in the values and/or characteristics of the products, when these result from technical problems or errors beyond the control of Octopusmission.
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- Return (Right)(Resolution)
7.1. The User, if a consumer, may exercise the right of termination without being required to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods.
To exercise this right, the User may use the form indicated below, and must indicate all their identification data, the subscribed service they wish to terminate, and the subscription date. The communication must be made by letter, through the return of the purchased goods, or by another suitable and verifiable means within the period defined above.
The consumer must, within 14 (fourteen) days from the date of the termination notice, return the goods to Octopusmission in the proper conditions of use.
Draft for a free resolution form (you should only fill out and return this form if you wish to terminate the contract)
– To [insert here the name, geographical address and, possibly, fax number and email address of the professional]:
– I/We (*) hereby notify you that I/we (*) am/are (*) resolving my/our (*) purchase and sale contract relating to the following goods/for the provision of the following service (*) — Requested on (*)/received on (*) —
Name(s) of consumer(s) — Address(es) of consumer(s) — Signature(s) of consumer(s) (only if this form is notified on paper). (*) Cross out what does not apply.
The packaging must be returned complete, as delivered, and accompanied by all the documentation received, namely, the following documents: sales invoice and the document proving receipt of the product. The packaging and indicated documents must be sent free of charge to the following address:
OCTOPUSMISSION – Unipessoal Ltda.
Rua da Portelinha nº 434 2º fundos, 4510-638 Fânzeres – Gondomar.
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
7.2. After receiving the return at Octopusmission the User will be refunded the amount corresponding to the value paid for the order (value of the sales invoice). If you 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 payments by credit card and PayPal, these are credited to their respective accounts. In other cases, when the 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 refund is made within 14 days after receiving the notice of withdrawal and the return of the goods.
7.4. If any of the components of the sold item are missing, or if any of them are not in excellent condition, there will be no refund of price or shipping, and the product will be reshipped to the original shipping address.
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- Manufacturing defect
8.1. In case of a "manufacturing defect," that is, when anomalies are detected in the products that, in principle, do not fall within the scope of the respective warranty, the User must return the item, along with a copy of the invoice and the completed "Exchange/Return Request" form, within a maximum period of 30 consecutive days from the date of the invoice, to the following address:
OCTOPUSMISSION – Unipessoal Ltda.
Rua da Portelinha nº 434 2º fundos, 4510-638 Fânzeres – Gondomar.
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
8.2. For the product exchange to be carried out, 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. If any of the elements mentioned above are missing, or if any of the products are not in excellent condition, there will be no exchange, and the product will be returned to the User.
9.Garantia
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 in 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 is considered outside the warranty conditions if it has exceeded the period defined by the manufacturer or presents defects caused by abnormal wear, improper installation, weather, electrical discharges, negligence or accidents, mishandling, infiltration of moisture/liquids, use of non-original accessories and technical interventions by unauthorized personnel.
9.4. If the equipment breaks down, and if it is covered by the warranty, the User may contactwith the same, and respective proof of purchase and/or warranty, to an authorized service center of the brand.
9.5. Accessories covered by the warranty that break must be sent, with the respective proof of purchase and/or warranty, to the following address:
[OCTOPUSMISSION – Unipessoal Ltda.
Rua da Portelinha nº 434 2º fundos, 4510-638 Fânzeres – Gondomar.
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 and this failure is not covered by the warranty, the User may take it, and its respective proof of purchase, to an authorized service center of the brand.
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- Intellectual Property
10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of Octopusmission.
10.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable laws.
10.3. The User acknowledges that any content appearing in advertising, highlights, promotions or mentions of any sponsor or advertiser is protected by laws relating to copyright and related rights, laws relating to industrial property and other property protection laws, and therefore any use of such content may only occur under the express authorization of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, refraining from 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 unauthorized acts concerning the same content.
11. Service Security Conditions
11.1. The User agrees to comply with all applicable legal provisions, in particular, not to engage in or encourage the practice of illegal acts or acts offensive to 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 for using the Service, under penalty of Octopusmission suspending or deactivating the Service as provided for in item 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by various users, and as such, is subject to computer overloads, so that Octopusmission does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. A Octopusmission does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or force majeure (situations of an extraordinary or unforeseeable nature, external to Octopusmission and which cannot be controlled by it).
11.4. In case of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is based, Octopusmission undertakes to restore its operation as quickly as possible.
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- Suspension and deactivation of the Store Service
12.1. Regardless of any prior or subsequent communication, Octopusmission may, at any time, and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
12.2. A Octopusmission also reserves the right to suspend or terminate access to the Service immediately in the following cases:
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- a) When the User does not observe the conditions of use referred to in item 4 and others referred to in the General Conditions;
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- b) When the Octopusmission ceases access to the Store, upon prior notice 15 days before the termination date.
12.3. The suspension or termination of the Service by the Octopusmission, under the terms of the preceding paragraphs, does not entitle the User or third parties to any compensation or other redress, and the Octopusmission cannot be held liable or in any way burdened for any consequence resulting from the suspension, annulment, or cancellation of the Service.
12.4. In the situations described above, Octopusmission will notify the User in advance so that they may, if they wish, safeguard the content of their order viewing area within 3 (three) business days from the sending of the email or the availability of the information on the Service's main page.
13. Communications
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 addressThe User's email address, via SMS or telephone contact.
13.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact telephone number and/or email address (“email”) indicated in the order process.
At any time, you may request not to receive these communications and/or notifications through the Contact Form or through the “Unsubscribe from Newsletter” option included in each Newsletter.
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- Technical Settings
14.1. Without prejudice to the provisions of the following paragraph, Octopusmission may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.
14.2. The version of these General Terms and Conditions and their annexes currently in force is available on the website www.octopusmission.pt
15. Communications
15.1. Whenever the Octopusmission deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure the network settings.
15.2. Without prejudice to the provisions of the following paragraphs, and in view of the innovative nature of the Service and the technological developments to which it may be subject, the Octopusmission may change its technical settings whenever this proves convenient to adapt it to any technological developments.
15.3. However, the Octopusmission does not guarantee the User any upgrades or improvements to the Service.
15.4. Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription by the User to Specific Terms of Use. 150. Complaints
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- Reclamações
16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as complain to Octopusmission about acts and omissions that violate the legal provisions applicable to the acquisition of goods and/or services.
16.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the date the User became aware of the facts, and will be registered in the information systems of Octopusmission which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
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- Applicable Law
The Contract is governed by Portuguese law.