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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  (“Service” or “Store”) brand operated by DIGICONTA – Soluções Tecnológicas, Lda., with office at Rua da Outurela, 118, Parque Holanda, Edificion Holanda 1, 2790-114 Portugal , under the unique registration and identification number of legal person No. 500599050, hereinafter referred to as "DIGICONTA".

The Service consists of providing, through the address Digiplanet.pt access to the Online Store which, in addition to providing information regarding to 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 placed 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 Information and Contents

DIGICONTA will do everything possible so 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 that differ from those shown online, you have the right to terminate the purchase contract under the applicable legal terms (right of free withdrawal - see point 9).

DIGICONTA will do everything possible to ship all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for DIGICONTA 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 placing the order, you will be notified by email or telephone. At that moment, 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 on price, products, specifications, promotional actions and services may be changed at any time by DIGICONTA.

 

3. Responsibilities

3.1. All products and services sold in the DIGICONTA Online Store are in accordance with Portuguese law.

3.2. The Store has adequate levels of security, however DIGICONTA will not be responsible for any damage suffered by the User and/or by 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, by the modems, by the connection software or any computer viruses or arising from the download (“download”) through the service of infected files or files containing viruses or other properties that may affect the User's equipment. If, for any reason due to an error in accessing the website of the DIGICONTA Online Store, it is impossible to provide the service, DIGICONTA will not be responsible for any damages.

33. Data and information queries carried out within the scope of this Service are presumed to have been carried out by the User, DIGICONTA declining any responsibility resulting from the abusive or fraudulent use of the information obtained.

3.4. DIGICONTA will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to it by way of fraud or gross negligence.

3.5. DIGICONTA is not responsible for losses or damages resulting from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of fraud or serious negligence, not namely, being responsible for (i) errors, omissions or other inaccuracies regarding the information made available through the Service; (ii) damage caused by the fault of the User or third parties, including violations of intellectual property, (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, that is, situations of an extraordinary or unpredictable nature, outside DIGICONTA 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 beyond the control of DIGICONTA that prevent or jeopardize the fulfillment of the obligations assumed.

3.6. DIGICONTA does not guarantee that:

  1. i) the Service is provided uninterruptedly, is secure, error-free or works infinitely;
  2. ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any expectations of the User in relation to it;

iii) any material obtained in any way through the use of the Service is used at the risk and expense of the User, who is solely responsible for any damage caused to his system and computer equipment or for any loss of data that result from this operation.

  1. 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 DIGICONTA cannot in any way be held responsible for any damage, including, but not limited to, damage for loss of profits, data, contents, or any other losses (even if previously advised by the User about the possibility of such damages), resulting from:

  1. i) the use or impossibility of using the Service;
  2. ii) the difficulty in obtaining any substitute goods/services;

iii) unauthorized access or modification of 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 the 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 processing the order, or eventual non-delivery, the responsibility lies with the User, being that DIGICONTA declines any responsibility.In case the consumer violates any of these obligations, DIGICONTA reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by DIGICONTA to the same User; and also not allow the User to access any or all of the services provided by DIGICONTA in the future

4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.

 

5. Privacy and Protection of Personal Data

5.1. DIGICONTA guarantees the confidentiality of all data provided by Users.

Personal data identified in the order form as mandatory supply is essential for the provision of the Service by DIGICONTA. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to refusal by DIGICONTA to provide the Service.

5.3. The User's personal data will be processed and stored by computer and are intended to be used by DIGICONTA within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the commercialization of INDICATE CASE BY CASE AND ACCORDING TO THE COMPANY'S PURPOSE IN CONCRETE

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 as well as the right to oppose their use for the purposes set out in the previous number, for which purpose you must contact the entity responsible for processing personal data.

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, running, including the risk of being accessed and used by unauthorized third parties for the purpose, and DIGICONTA cannot be held responsible for such access and/or use.

 

6. Cancellation of orders

6.1. Upon User request

The User may cancel his order by requesting it to DIGICONTA through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After processing, DIGICONTA 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 DIGICONTA:

  1. a) Order number
  2. b) NIF with which you placed the order and delivery address

6.2. By decision of DIGICONTA

DIGICONTA reserves the right not to process orders when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer. DIGICONTA 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 result from technical problems or errors beyond the control of DIGICONTA.

 

7. Return (Right of Termination)

7.1. The User, if he is a consumer, may exercise his right of withdrawal without being required to pay any compensation, within a period of 14 (fourteen) days from the day on that the consumer acquires physical possession of the good.

To exercise this right, the User may use the draft indicated below, indicating all his identification data, the subscribed service he intends to resolve and the subscription date. of the return of the acquired good, or by another suitable and susceptible means of proof within the period defined above.

The consumer must, within a period of 14 (fourteen) days from the date of communication of the resolution, return the goods to DIGICONTA in the proper conditions of use.

Draft for free termination form (you should only complete and return this form if you want to terminate the contract)

- To [insert here the name, geographic address and possibly fax number and email address of the professional]:

- I hereby/we communicate (*) that I/we resolve (*) 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 served on paper ). (*) Delete what does not 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 that proves receipt of the product. The package and documents indicated must be sent free of charge to the following address:

DIGICONTA - Soluções Tecnológicas, Lda
Estrada da Outurela, 118
Parque Holanda
Building Holland 1
2790-114 Carnaxide - Portugal


If the User opts for other forms of return, the respective costs with shipping costs will be his responsibility.

7.2. Upon receipt of the return at DIGICONTA, the User will be refunded 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 refund method for the amount to be returned depends on the payment method used in the respective order. In the case of credit card and PayPal 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. Otherwise, the refund is made by check to the billing address. The refund is made up to 14 days after receipt of the will of 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 are not in excellent condition, there will be no refund of the price or postage, being the product is sent back to the initial shipping address.

 

8. Manufacturing defect

8.1. In the event of a "manufacturing defect", that is, when faults are detected in the equipment that, in principle, do not fall within the scope of the respective guarantee, the User must return the equipment, together with a copy of the invoice and the “Equipment Exchange/Return Request” form completed, within a maximum period of 30 consecutive days from the invoice date, to the following address:

DIGICONTA - Soluções Tecnológicas, Lda
Estrada da Outurela, 118
Parque Holanda
Building Holland 1
2790-114 Carnaxide - Portugal

If the User opts for 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, guarantee 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, the product will be sent again to the User.

 

9. Warranty

9.1. All equipment available in the Store is duly certified by the competent international entities.

9.2. Reconditioned equipment purchased from January 1, 2022 has a warranty period of up to 3 (three) years, depending on the region. Since in the third year, it is the responsibility of the consumer to prove that the problem is of origin. 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. Batteries for refurbished equipment have a warranty period of 3 (three) months. This period is considered from the date of the equipment invoice and can only be exercised upon presentation of the guarantee certificate and/or proof of purchase (invoice).

9.4. Accessories have a warranty period defined by the manufacturer, which under legal terms is for individual consumers, 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 guarantee certificate and/or proof of purchase (invoice).

9.5. Warranty Exclusions

Equipment and/or accessories are considered outside the warranty conditions if:

  1. have defects caused by abnormal wear and tear,
  2. improper installation,
  3. bad weather,
  4. electrical discharges,
  5. negligence or accidents,
  6. poor handling,
  7. moisture/liquid infiltration,
  8. use of non-original accessories
  9. technical interventions by unauthorized personnel.
  10. Incorrect driver installation.
  11. Customer-installed software malfunction.
  12. Incompatibility of drivers or software installed by the customer with the Hardware or not indicated in the characteristics of the equipment.
  13. Viruses, or other types of malicious software.
  14. Improper use or use outside the normal operating parameters of the equipment established by its manufacturer.

9.6. Budgeting

All situations excluded from the guarantee listed in point 4 will be budgeted.

9.7. If the equipment, battery or accessory fails, it must be sent, with the respective proof of purchase and/or guarantee, to the following address:

DIGICONTA - Soluções Tecnológicas, Lda
Estrada da Outurela, 118
Parque Holanda
Building Holland 1
2790-114 Carnaxide - Portugal

If the User opts for other forms of return, the respective costs with shipping costs will be his responsibility. The User must always request the CTT Receipt that proves the shipment of the order.

 

10. Intellectual Property

10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of DIGICONTA.

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 appearing 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 property protection laws, so any use of these contents can only take place under the express authorization of the respective owners.

10.4. The User undertakes to fully respect the rights referred to in the previous number, namely refraining from performing any acts that may violate the law or the said rights , such as the reproduction, commercialization, transmission or making available to the public of said contents or any other unauthorized acts that have the same contents as their object.

 

11.Service Security Conditions

11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or offensive to good customs, such as sending indiscriminate use 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 still observe the rules for using the Service, under penalty of DIGICONTA suspending or deactivating the Service under the terms set forth in point 14.

11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible of use by several users, and as such, subject to computer overloads, so DIGICONTA does not guarantee the provision of the Service without interruptions, loss of information or delays.

11.3. DIGICONTA 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 unforeseeable nature, outside the DIGICONTA and which cannot be controlled through it).

11.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, DIGICONTA undertakes to regularize its operation as soon as possible possible.

 

12. Suspension and deactivation of the Store Service

12.1. Regardless of any prior or subsequent communication, DIGICONTA may, at any time, and in accordance with its sole discretion, discontinue providing the Service and/or part of the Service to one or all Users.

12.2. DIGICONTA also reserves the right to immediately suspend or terminate access to the Service, in the following cases:

  1. a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
  2. b) When DIGICONTA ceases access to the Store, upon prior notice 15 days in advance of the termination date

12.3. The suspension or termination of the Service by DIGICONTA, under the terms of the previous numbers, does not matter the right of the User or third parties to any compensation or other compensation, DIGICONTA cannot be liable or otherwise burdened, for any consequence resulting from the suspension, annulment, cancellation of the Service.

12.4. In the situations described above, DIGICONTA will notify the User, in advance so that he can, if he so wishes, safeguard the content of his order viewing area within a period of 3 ( three) business days from the sending of the e-mail or the availability of information on the main page of the Service.

 

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 User's email address, by 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 ("e-mail ”) 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 “Do not receive the Newsletter” option included in each Newsletter.

 

14. Technical Settings

14.1. Without prejudice to the provisions of the following number, DIGICONTA may change the Service and/or the technical conditions for providing the same, as well as the respective rules of use, and shall disclose to the User such changes at least 15 (fifteen) days in advance.

14.2. The current version of these General Conditions and their annexes is available on the website Digiplanet.pt .

 

15. Communications

15.1. Whenever DIGICONTA deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.

15.2. Without prejudice to the provisions of the following numbers, and bearing in mind the innovative nature of the Service and the technological evolutions to which it may be subject, DIGICONTA may change its technical configurations whenever this proves convenient to adapt it to eventual technological developments.

15.3. DIGICONTA does not, however, guarantee the User that any upgrades or improvements to the Service will be carried out.

15.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription, by the same, of Specific Conditions of use.

 

16. 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 DIGICONTA of acts and omissions that violate the legal provisions applicable to the acquisition of goods

16.2. 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 DIGICONTA information systems that must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of receipt.

 

17. Applicable Law

The Contract is governed by Portuguese law.

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