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TERMS AND CONDITIONS OF USE AND SALE
This clause “Terms and Conditions of Use and Sale” is written only in Portuguese, covers 2 chapters that will also serve to designate it, “I - Terms and Conditions of Use and Sale” and “II – General Conditions of Sale ”, and aims to regulate the conditions that must be respected during the use of the website by its users and/or customers or potential registered customers, in the fair terms of what we have explained.
INDEX:
I - TERMS AND CONDITIONS OF USE AND SALE
Clause 1: Company Identification
Clause 2: Object and Scope of Application
Clause 3: Consent and Online Registration
Clause 4: Online Hiring
Clause 5: Liability and Claims
Clause 6: Intellectual Property
Clause 7: Processing of Personal Data
Clause 8: Website Security and Cookies Policy
Clause 9: Law and Competent Forum
II - GENERAL CONDITIONS OF SALE
Clause 10: Products and/or Services
Clause 12: Price of Products and/or Services
Clause 15: Payment
Clause 16: Right of Resolution
I - TERMS AND CONDITIONS OF USE AND SALE
Clause 1.
(Identification)
UNIPESSOAL BETTING POINT no. 510362826, with headquarters at Avenida Paulo Felisberto, Edificio Ponta Do Sol Loja 10, hereinafter referred to as “Company”, is the legitimate owner of the domain www.oollive.com (hereinafter, “site”) which cannot be associated with content other than that appearing on the Internet page (“webpage”), accessible through that domain and made available by the Company or by anyone duly authorized by it.
The website is intended for advertising and marketing the goods and services made available by the Company.
All communications addressed to the Company and to be carried out under this agreement will be made in writing and sent by registered mail to the address: Avenida Paulo Felisberto, Edificio Ponta Do Sol Loja 10, and/or to the email address : info@oollive.com.
Without prejudice to the previous point, the Company has the telephone number +351 960 310 673, contactable on weekdays between 9:00 am and 6:00 pm.
Clause 2.
(Object and Scope of Application)
The goods and/or services made available by the Company are aimed at all types of people, for their personal use, without prejudice to being contracted for exclusively private purposes.
For the purposes of interpreting this agreement:
a) “Use of the website” comprises any operation and/or transaction, commercial or otherwise, carried out on the website regarding the content accessible thereon, and for a previously determined purpose or not – namely, but not limited to, the purchase of any product and/or service , downloading videos, images, or other content available on the website and subject to copyright or industrial property rights for life.
b) “Website user” is anyone who uses it with a view or not to obtaining the products and/or services made available by the Company, under the terms defined for the use of the website.
c) “Registered customer” is the “website user” after the actual purchase of the product and/or service provided and once registration on the website as such has been granted; remaining in the position of “possible registered customer” when, despite being duly registered, they have not yet made a purchase.
3. If any clause of this agreement is declared null or annulled, due to violation of any mandatory norm, by a Portuguese court or other competent authority, it will be understood, if its interpretation in accordance with the law is not possible, for its reduction and such clause as unwritten, integrating the gap into the legal terms.
Clause 3.
(Consent and Online Registration)
Good use of the website presupposes that the clauses of this agreement are expressly, irrefutably and unconditionally accepted by its user and client or potential registered client, who declares to know its terms, particularly but not limited to, with regard to the processing of their personal data. provided at registration.
To ensure that the website user and eventual registered customer provides their consent as defined in the previous point freely and voluntarily, the Company created a click and validation check box associated with the clauses of this agreement, without which no registration of customer may be granted.
For the purposes of the immediately previous point and notwithstanding the possibility of withdrawing your consent in the best terms explained in this agreement without this causing any harm, in addition to the click validation box referred to above, the conduct of the user and client or potential client registered reflected in the purchase, is sufficient to indicate your clear desire to contract with the Company in accordance with this agreement, declaring that you acknowledge upon reading this information that is accessible to you through the website you use.
Without prejudice to the provisions of points 2 and 3 of this Clause, good use depends on the user being over 13 years old and having a valid email address. If the user is under 13 years of age, prior authorization from their legal representatives must be presented, without which the good use of the website cannot be guaranteed by the Company, which is not responsible for its use in these ways that expressly violate the clauses of this agreement.
For the purposes of “registration” under the terms of this agreement, the user must provide some personal data and, once registered, they will have access to that same data, being able to change and delete them, using the access keys defined by them, under the terms best dealt with in Clause 7 of this agreement (“Personal Data Processing”).
The registration referred to in the previous points of this Clause aims at the proper execution of the contract, and is a condition without which the Company is not bound by this agreement, the parties recognizing, from now on, the importance of such conditionality. Providing incorrect data by the user is equivalent to a lack of registration.
It is with registration that the user of the website qualifies as a possible registered customer, insofar as it is with registration that he or she will be able to contract the goods and/or services provided by the Company.
During the purchase process, registration may not have yet been carried out, which does not prevent the customer from continuing the purchase process and using the “shopping cart” already created, registering at the time of completing the order.
Once registered, the customer will also be able to access their order in their reserved area, for the purposes of controlling it, namely for the purposes of managing their personal data and controlling their order history.
Registration also allows the customer to apply for possible offers and other promotions or special benefits, the terms of which will be communicated and presented to them in due course by the Company, when it deems it appropriate and to the extent that it is convenient, integrating its content into this agreement.
Clause 4.
(Online Hiring)
The user of the website can consult it free of charge as long as it is in full agreement with this agreement, without this implying, in particular, having to register as a customer and contract with the Company.
After registration, which presupposes prior acceptance of the provisions of this agreement as explained, the user may, in particular and in addition to other options referred to or not in this agreement but available on the website, order the goods and/or services made available by the Company, choose the payment methods available to pay for the order, access your purchase history, and check the status of your order.
After the user or potential registered customer indicates that they wish to order a good and/or service made available by the Company, namely through registration and selection of the electronic “buy” option, they will receive communication with acknowledgment of receipt of their order on email address provided when registering.
At no time will communication to the customer with notice of receipt of the order by the Company be equivalent to the execution/conclusion of the contract, which will only be considered concluded as soon as the company receives confirmation of payment for the order.
For the purposes of the immediately previous point, the “communication” will continue with the indication of the order number - which must be used by the customer in any communication with the Company regarding that order -, as well as with all the data provided by the customer when placing their order. registration – and that you must investigate and request its correction if necessary, under penalty of the Company not being responsible for any damages resulting from these uncorrected errors.
When placing the order, the customer must check the registration details and respective billing details, correcting any errors - in particular, but not exclusively, the customer will have the right to modify the quantity of products they wish to purchase, adding or deleting a or more products to your order - under penalty of the Company not being responsible for any damages resulting from these uncorrected errors.
The Company will refuse any order that indicates it was placed in bad faith, in complete disregard for this agreement, in violation of current legal provisions, or on any other basis that it considers legitimate, if detected, and at the time it is detected.
Clause 5.
(Liability and Complaints)
Without prejudice to the producer's possible liability, the Company does not guarantee nor will it be responsible for losses of any kind resulting from the use of the products and/or services made available on the website in violation of the provisions of this agreement, as well as any others resulting from the violation of expectations. of profit, business, or similar, or disputes that arise with any third parties that contract with the client.
The position now taken by the Company does not invalidate the fact that it recognises, reinforces and advises the user and potential customer regarding the care they should take when handling the products and/or services made available by them, which will at no time be valid as a guarantee or personal liability, especially because the customer declares, with the purchase, to have the competence and/or training to use it, thus assuming its risks.
This limitation of liability is essential to the conclusion of the sale, a condition that the user and potential customer declares to recognize.
The provisions of this Clause do not invalidate any breach that, by law or by agreement, grants the other party, under general legal terms, the right to terminate the contract, without prejudice to the corresponding legal compensation.
To the extent permitted by law and this agreement, the user agrees to exempt the Company from any claims, losses, liabilities, costs, damages and expenses, including, but not exclusively, legal fees arising from the use of the contracted products and/or services , namely in violation of this agreement, the law or the rights of third parties.
Any acts or omissions that the user and/or registered customer consider to violate this agreement must be communicated to the Company within 30 days of becoming aware of the fact, by email or, if this is not possible, by by registered mail with acknowledgment of receipt.
Once the complaint communicated by the user and/or customer has been received under the terms of the immediately previous point, the Company undertakes to analyze it and issue an opinion in its response, within 30 days, which can be extended if necessary. Company.
Clause 6.
(Intellectual property)
Both the Internet page and the domain www.oollive.com through which it is accessible are the property of the Company, and at no time may they be used without its authorization, in addition to that which allows the user of the website and eventual client, the good execution of this agreement.
The Company is also the owner of all components that may be considered “work” for the purposes of the legislation applicable to the protection of copyright, namely, but not limited to, all texts, graphics, photographs, music, videos and the organization of the webpage itself.
Any patent, brand, logo, designation of origin, or other distinctive sign used by the Company on the website and which, consequently, integrates its content, is the property of the Company as industrial property rights.
Without prejudice to its use in accordance with the legal limits of use, such as for purposes of solely personal and private use, the use of intellectual property rights referred to in this Clause by users of the website or by customers or potential registered customers must be conditioned the proper implementation of this agreement.
The provisions of this Clause do not affect the existence of intellectual property rights that are not owned by the Company, namely, but not limited to, that have as their object goods and services that are available on the website but that, for this very reason, are not owned by your responsibility.
The content available on the website is, furthermore, protected under the legislation applicable to Intellectual Property Rights, and any use, act of reproduction or mention, total or partial thereof, is expressly prohibited and legally punishable when carried out without the prior authorization of Company or its legitimate owner.
The Company is not responsible for any use made of the website content in violation of the provisions of this Clause or other protection granted under the legislation in force and applicable to the matter of Intellectual Property Rights.
Clause 7.
(Personal Data Processing)
The Company, as responsible for data processing and/or through any subcontracted entity, undertakes to collect and use the personal data of natural persons made available upon registration in accordance with the legislation in force in the European Union regarding Data Protection. of Personal Data. All in accordance with the Personal Data Protection Declaration available on our website here.
The Company guarantees and undertakes, as responsible for data processing and/or through any subcontracted entity, to apply appropriate technical and organizational measures so that its collaborators, employees and other professionals protect the personal data provided by the client or eventual registered customer, at the time of registration, ordering and/or payment, through the website, and to which they have access within the scope of the execution of this agreement, guaranteeing its transparency, integrity, loyalty, confidentiality and security, protection against its non-standard treatment authorized and illicit and against its accidental loss, destruction or damage.
The Company may transfer the data collected under this agreement to a subcontracted entity if this is expressly consented to by the user and/or client or potential registered client, due to national legislation, reasons of public interest, commercial, tax, national security, billing or other legitimate interests.
For the purposes of interpreting this agreement, the Company undertakes to collect only personal data relevant to the proper execution of the contract, limiting its processing to that same purpose, if another is not authorized by the user, client or potential registered client. , or it is not transmitted to you.
The data collected and processed within the scope of this agreement will be kept for the duration of this agreement, and may be kept beyond that period if such a requirement arises from national legislation, for reasons of public interest, commercial, tax, national security, billing or other legitimate interests of the Company, any subcontracted entity, or even if the customer or any registered customer expressly consents to its use for other purposes.
Without prejudice to the immediately preceding points, the Company may use the information collected for direct marketing purposes, and the user, customer or potential registered customer may object to this processing at any time. Any other type of commercial promotion of your own or third parties requires express consent from the user and/or customer or potential registered customer.
The customer or potential registered customer must guarantee the veracity, accuracy, correction and updating of their personal data, the creation of false identities is not permitted, as well as guaranteeing the confidentiality of their access data, in order to prevent their misuse by third parties.
Personal data provided under this agreement will not be disclosed, unless this is communicated to the user and/or customer or potential registered customer, together with information regarding the recipients of such disclosed data.
Without prejudice to mandatory legislation applicable to this agreement, the customer or potential registered customer, as holder of personal data, has the following rights with regard to personal data collected and processed within the scope of the execution of this agreement:
a) Right to access the data and request information, in writing or not, that you consider necessary regarding the processing and treatment thereof, with the payment of a fee being applicable in the case of unfounded or excessive requests;
b) Right to rectification of personal data that is outdated, incorrect or incomplete;
c) Right to object to the use of personal data: (1) for the purposes of safeguarding the legitimate interests of the Company, its commercial partners, or identified public interests; (2) that do not serve the purposes for which they were provided; (3) when automated data processing is involved, including for the definition of profiling, unless compelling reasons justify and substantiate such processing and prevail over the rights of the holder, such as the exercise or defense of rights within the scope of legal proceedings;
d) Right to erasure in cases where (1) the data proves to be unnecessary for the purposes for which it was collected or processed, (2) when the consent previously given in a free and informed manner is withdrawn, or (3) when the data has been used illegally, unless requirements set out in national legislation require the conservation of data for reasons of public interest, commercial, tax, national security, billing or others, without prejudice to the data being deleted at the time the Company , as responsible for data processing and/or through any subcontracting entity, consider that they have achieved their purpose;
e) Right to limit processing to strictly necessary terms, only for those who truly need access and during the period and for the strictly necessary purposes, referred to in the previous paragraphs;
f) Right to data portability to another controller, as long as this is technically possible. Download our form template here;
g) Right to submit complaints to the competent public Supervisory Authority, in case of violation of the rights described in this clause, without prejudice to the right to resort to legal proceedings.
To this end, the Company may require elements that prove the holder of the personal data who intends to exercise their rights (for example, first name, surname and signed copy of identification document may be requested).
Without prejudice to the previous paragraphs, in the event of a data breach, or improper access to information in data hosting, the Company, as responsible for data processing and/or through any subcontracted entity, is obliged to always that this is required under applicable legislation, particularly when such a breach represents a high risk to the rights of data subjects, to provide them with information, within a reasonable period of time, indicating, as precisely as possible, which data is affected , the anticipated consequences of the violation and the measures adopted to remedy the same.
The parties, as well as their respective collaborators, employees and other professionals with whom they have a contractual relationship, are obliged to maintain confidentiality in relation to personal data and other information that they become aware of due to their direct involvement in the execution of this agreement, even after the end of the its functions, unless such a requirement arises from national legislation, for reasons of public interest, commercial, tax, national security, billing or others.
The customer or potential registered customer may exercise their rights under this Clause by contacting the company using the means referred to in this agreement or through its reserved area on the website.
Clause 8.
(Site Security and Cookies Policy)
The website uses “Cookies” or “connection tokens”, which are small text files that are stored on the electronic device used - such as a computer or mobile phone -, through the Internet browser (“browser”), useful for retaining information from the visit to the website by its users - such as preferences, pages visited -, between different sessions, in favor of the good use of the website - such as for purely statistical purposes or even to relate the user's profile with possible products and/or services of interest made available by the Company or third parties. All in accordance with the Cookies Policy available on our website here.
The information collected by connection testimonials may be used by the Company, subcontracted entities or third parties, and allows, among other purposes, to personalize the services provided and improve the relevance of the information provided, optimize and condition the functioning and security of the website.
Its express acceptance is necessary, namely, in the terms best indicated by the Company and without reading and acceptance of which the user will be prevented from proceeding with it.
The security and privacy settings associated with the connection cookies referred to in the immediately previous point are normally pre-programmed, but can be configured through the Internet browser, in particular they can be deactivated, although such restriction options may imply access restrictions on the website.
The user is solely and entirely responsible for ensuring that the electronic device through which they access the website is adequately protected against harmful and/or malicious software.
In compliance with the provisions of Clause 7 (“Processing of Personal Data”), the Company undertakes to adopt the security mechanisms within its reach, namely, to cooperate with the competent control authority(ies) in this regard, to create and/or adopt systems for recording personal data processing activities, to create and/or adopt systems for verifying and identifying risks for data subjects, as well as susceptible internal organizational solutions, as well as well as many others, capable of complying with current European legislation on Personal Data Protection.
Clause 9.
(Law and Competent Forum)
It is agreed that all possible disputes arising from the interpretation and execution of this agreement will be resolved in the light of Portuguese law and by the Porto District Court, with express waiver of any other Court, whether of any other legal system or not.
Without prejudice to the provisions of the previous points of this Clause, the registered customer considered a consumer under the legislation in force and applicable to consumer contracts defined as such under the law regulating Consumer Law, has at his disposal Alternative Dispute Resolution Means which you can consult right away on our website here.
II - GENERAL CONDITIONS OF SALE
Clause 10.
(Products and/or Services)
The services made available by the Company under the terms and for the purposes of this agreement are aimed at all types of people.
The products and/or services referred to in the immediately previous point must, due to their technical nature, be handled by someone with competence and/or training for this purpose.
For the purposes of this Clause, when purchasing a product and/or service from the Company, the registered customer declares to be fully aware of the product, as well as being responsible for any damages that may result from its improper, careless or negligent use, without prejudice to possible responsibility of the producer.
Since the Company cannot avoid failures in the availability of products and/or services that the website aims to allow you to purchase, particularly those caused by situations beyond its control, in cases where it is unable to ensure delivery of the purchased product within the 30 days from the conclusion of the contract, it will inform and reimburse the customer for the amount spent in accordance with the payment method used within a maximum period of 14 days.
The products and/or services are made available, presented and described in accordance with their original characteristics provided by the respective responsible person and/or producer, without prejudice to the Company adopting any additional measures it deems convenient and safe, namely, products that safety and/or hygiene reasons justify it, they will remain sealed.
For the purposes of the immediately previous point, the visual representation of the products, when available, has merely indicative value and normally corresponds to the photographic image of the same, with the purpose of presenting them for sale, without any guarantee or commitment, on the part of the Company, regarding the exact correspondence between the image represented on the website and the physical reality of the product; in particular, with regard to their actual dimensions and/or the chromatic aspects of the products and/or their packaging. In the event of a discrepancy between the image and the product sheet, the description in the product sheet, created based on the information provided by the respective person responsible and/or producer, always prevails.
In the event of an obvious error regarding the characteristics of the product and its representation, the user may always return it under Clause 16 (“Right of Withdrawal”).
Without prejudice to the provisions of Clause 11 (“Legal Guarantee”), any function and/or result that the advertising of products and/or services may suggest to the potential registered customer, must not be seen as being more than a mere suggestion, and The company, at no time, intends to be linked to such a result or guarantee of this nature.
Clause 12.
(Price of Products and/or Services)
The sales price of the products and/or services made available corresponds to the price indicated in the purchase process and which is presented with and without indicating the value of VAT at the current rate.
The Company reserves the right to change, rectify, and/or update prices without the need to previously inform the user and/or customer.
The Company reserves the right to change, rectify, and/or update prices without the need to previously inform the user and/or the customer, without prejudice to, resulting in the updated/changed/rectified final price being higher than the current price. of the purchase, inform the registered customer of this fact so that he or she can, if he wishes, accept the new offer and pay the difference or cancel the order within 14 days of this communication.
Clause 15.
(Payment)
1. When placing the order, the customer will be able to choose between the payment methods available, whichever is most convenient:
a) By “advance bank transfer” – in which payment is made through an ATM, ATM, or through the online system that is operational through the customer's banking institution (homebanking, MBWAY), to the IBAN PT50000700000036572715223 ( Novo Banco, SA);
b) By “multibanco” – in which payment data (“entity”/“reference”/”amount”) will be generated, which must be carried out, within 5 days, through the online system that is operational through from the customer's banking institution (homebanking, MBWAY), or through an ATM;
In cases where the selected payment method is the one referred to in paragraph a) of the immediately previous point - advance bank transfer -, the customer will have to send proof of payment to the Company's email address.
In cases where the selected payment method is one of those referred to in subparagraphs a) and b) of point 1 of this Clause - advance bank transfer or ATM -, the processing and shipping of the order depends on payment confirmation.
For the purposes of the provisions of the immediately previous point, payment confirmation occurs when:
a) By advance bank transfer – upon receipt, by the Company, of proof of payment sent by the customer in accordance with the provisions of this Clause;
Clause 16.
(Right of Resolution)
The customer has the right to terminate the agreement, without having to give any reason within a maximum period of 14 days.
Communication of the intention to terminate the contract must be made by the client to the Company by sending a clear and unequivocal statement to that effect, via email, by registered letter with acknowledgment of receipt, or by sending the free form model resolution that is now available here, through the same channels.
Upon termination of the agreement, the Company will reimburse the customer for the amount relating to the price of the product and/or service purchased, within 14 days after being informed of such intention, notwithstanding reserving the right to withhold such refund until the returned products are received or until the registered customer provides proof of their return, which may be requested by the Company for this purpose.
UNIPESSOAL BETTING POINT LDA