CUBOHOTEL Online Store Terms and Conditions
1. SCOPE AND OBJECT OF THE GENERAL CONDITIONS OF THE ON-LINE STORE
These General Conditions are intended, together with the order form, and the other elements referred to in them, to regulate the terms and conditions for which the service of GATIEN LDA will be governed. (www.cubohotel.com) hereinafter referred to as CUBOHOTEL, under the single registration and identification number of corporate entity number 509759416.
The service consists of the access to the Online Shop www.cubohotel.com, in the provision of information related to a set of products, and the User may order, by electronic means, the products disclosed therein, under the terms and conditions described herein.
The ordering of products must be made by Users aged 18 or over (eighteen) years (individuals under the age must have authorization by their representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User's electronic purchases, and can not claim the lack of signature for non-compliance with the obligations assumed.
2. PRODUCT INFORMATION AND CONTENTS
CUBOHOTEL will make every effort to ensure that the information presented does not contain typographical errors and will be corrected promptly whenever they occur and are detected.
CUBOHOTEL will do all possible to send all the products ordered, but it is possible that in certain cases and due to causes difficult to control by CUBOHOTEL, such as human errors or incidences in the computer systems, it is not possible to make available any of the products requested by the User . If any product is not available after you have placed the order, you will be notified by e-mail or by phone. At this point you will be presented with the possibility of canceling the order with the corresponding 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 CUBOHOTEL.
3. RESPONSIBILITIES
3.1. All the products and services commercialized in the Online Shop CUBOHOTEL.COM are in agreement with the Portuguese Law.
3.2. The Store has the adequate security levels, however, CUBOHOTEL will not be responsible for any damages suffered by the User and / or third parties, due to delays, interruptions, errors and suspensions of communications that originate in factors beyond its control, namely , any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or from downloading through the infected files service or containing viruses or other property that may affect your equipment. If for any reason of error of access to the electronic site of the Online Store CUBOHOTEL.COM is impossible to provide service, CUBOHOTEL will not be responsible for any damages.
3.3. The queries of data and information made within the scope of this Service are presumed to be made by the User, and CUBOHOTEL declines any liability arising from the misuse or fraudulent use of the information obtained.
3.4. CUBOHOTEL shall not be liable for any loss or damage caused by abusive uses of the Service that are not directly attributable to it as fraud or gross negligence.
3.5. CUBOHOTEL shall not be liable for any loss or damage resulting from failure to perform or faulty performance of the Service when it is not directly or indirectly attributable to it as a will or gross negligence, and is not responsible for, inter alia, (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damages caused by User's or third party's fault, including breaches of intellectual property, (iii) breach or defective performance resulting from compliance with judicial decisions or administrative authorities, or (iv) failure or failure to comply the occurrence of situations of force majeure, that is, situations of extraordinary or unforeseeable nature, outside CUBOHOTEL and that can not be controlled, such as fires, power cuts, explosions, wars, riots, civil unrest, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by CUBOHOTEL that prevent or impair the performance of the obligations assumed.
3.6. CUBOHOTEL does not guarantee that:
i) the Service is provided in an uninterrupted manner, is secure, error-free, or operates infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectation of the User in relation thereto;
iii) any material obtained in any way through the use of the Service is used at the risk and risk of the User, who is solely responsible for any damage caused to his system and computer equipment or for any loss of data that results from that 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. You accept that CUBOHOTEL can not in any way be held liable for any damages, including, but not limited to damages for loss of profits, data, contents, or any other losses (even if you have been previously advised by the User about the possibility of occurrence of such damages), resulting:
i) of the use or impossibility of using the Service;
ii) the difficulty of obtaining any substitute of 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) the limits of orders imposed.
4.2. If any of the data is incorrect, that is, insufficient, and therefore there is a delay or impossibility in the processing of the order, or non-delivery, responsibility is the User, and CUBOHOTEL declines any responsibility. In the event that the consumer breaches any of these obligations, CUBOHOTEL reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by CUBOHOTEL to the same User; and also do not allow the future access of the User to any or any services offered by CUBOHOTEL.
5. PRIVACY AND PROTECTION OF PERSONAL DATA
5.1. CUBOHOTEL guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being of obligatory supply are indispensable to the provision of the Service by CUBOHOTEL. The omission or inaccuracy of the data provided by the User is of its sole and entire responsibility and may give rise to the refusal to provide the Service by CUBOHOTEL.
5.3. The personal data of the User will be processed and stored in a computerized manner and are intended to be used by CUBOHOTEL in the contractual and / or commercial relationship with the User.
5.4. In accordance with the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update his / her personal data, directly or on written request, as well as the right to oppose the use thereof for the purposes set forth in previous number, and for this purpose contact the entity responsible for the processing of personal data: CUBOHOTEL.
5.5. The Internet is an open network, so that the personal data of the User, other personal information and all content hosted on the Service may circulate in the network without security conditions, including the risk of being accessible and used by unauthorized third parties. CUBOHOTEL shall not be liable for such access and / or use.
6. CANCELLATION OF ORDERS
6.1 At the user's request
The User may cancel your order by requesting it to CUBOHOTEL through the telephone number or email provided by referring to the order number, which will be accepted as long as it has not yet been processed.
For the purpose of cancellation the User shall indicate the following data to CUBOHOTEL:
a) Order number
b) Taxpayer with whom you placed the order and delivery address
6.2. By decision of CUBOHOTEL
CUBOHOTEL reserves the right not to process orders, when it verifies some inconsistency in the presented personal data or observes misconduct on the part of the buyer. CUBOHOTEL reserves the right not to process any order or reimbursement in case of errors in the values and / or characteristics of the products, when these result from technical problems or mistakes of others CUBOHOTEL.
6.3. Full or partial refund of a paid and canceled order is only possible before you leave the warehouse (consequent shipment).
7. RETURNS (Right of Resolution)
7.1. The User, in case of being a consumer, can exercise the right of withdrawal without any compensation being demanded, within 14 (fourteen) days from the day the consumer acquires the physical possession of the property.
To exercise this right, and must indicate all your identification data, the subscribed service that you want to resolve and the date of subscription. The communication shall be made, by letter, through the return of the acquired property, or by another suitable and provable means within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to CUBOHOTEL under proper conditions of use.
The packaging must be returned complete and the products intact, as delivered and accompanied by all documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The packaging and the documents indicated should be sent to the following address:
CUBOHOTEL
Rua Padre Cruz, 121
4050-220 Porto
Portugal
If the User opts for other forms of return, the respective transport costs and administrative services of exchange will be his responsibility.
7.2. After receiving the return in CUBOHOTEL will be returned to the User the value corresponding to the amount paid for the order (value of the sales invoice). If you have used a promotional discount code, this amount will not be refunded, ie the refund will only be for the amount actually paid.
7.3. The refund method for the returned amount depends on the payment method used in your order. In the case of payments with credit card and PayPal, these are credited to their accounts. In other cases, when IBAN and SWIFT information is provided, the refund is made to the indicated bank account. Reimbursement is made up to 14 days after receipt of the wish for free resolution and receipt of return of the property.
7.4. In the absence of any of the components of the item sold, or if any of them are not in an excellent state of repair, there shall be no refund of the price or shipping costs and the product will be returned to the original shipping address.
8. MANUFACTURING DEFECT
8.1. In case of a "manufacturing defect", that is, when faults are detected in equipment that does not, in principle, fall within the scope of the guarantee, the User must return the equipment together with a copy of the invoice and the form "Order of Equipment Change / Return "completed, within a maximum period of 30 consecutive days from the date of invoice, to the following address:
CUBOHOTEL
Rua Padre Cruz, 121
4050-220 Porto
Portugal
If the User opts for other forms of return, the respective shipping costs will be your responsibility.
8.2. To ensure that the product can be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories, when applicable) containing all the constituent components in an excellent state of repair.
8.3. In the absence of any of the elements mentioned above, or in case any of the components are not in excellent condition, there will be no exchange, and the product will be returned to the User again.
9. WARRANTY
9.1. All equipment available in the Store is duly certified by the competent international entities.
9.2. The equipment and accessories have a warranty period defined by the manufacturer, which in legal terms is at least 1 (one) year. This period is considered from the date of invoice of the equipment and can only be exercised upon presentation of the warranty certificate and / or proof of purchase (invoice) duly completed.
9.3. Equipment that has exceeded the period defined by the manufacturer or is defective due to abnormal wear, improper installation, weather, lightning, negligence or accident, poor handling, water / liquid infiltration, originals and technical interventions by unauthorized personnel.
9.4. If the equipment fails, and if it is covered by the warranty, the User may contact the technical service of the brand and the corresponding proof of purchase and / or warranty.
9.5. The accessories covered by the guarantee, which break down, must be sent, with the corresponding proof of purchase and / or guarantee, to the following address:
Rua Padre Cruz, 121
4050-220 Porto
Portugal
If the User opts for other forms of return, the respective shipping costs will be your responsibility. The User must always request the Mail Coupon that proves the delivery of the order.
Cookies are files that can be downloaded to your computer through Web Pages.
They are tools that are essential for the provision of many services in the role of the information society. Among other things, allowing a website to store and retrieve information about the browsing habits of a user or computer, depending on the information obtained, can be used to recognize and improve the service provided.
TYPES OF COOKIES
Depending on who is the entity that manages the domain from which cookies are sent, there are two types: own cookies and third-party cookies.
There is also a second classification according to the length of time they remain stored in the client browser, which can be session cookies or persistent cookies.
Finally, there is another classification of five types of cookies according to the purpose for which the data is processed: personalization cookies, cookies analysis, cookies for behavioral advertising.
COOKIES USED ON THE WEB
About our cookies:
The site uses Google Analytics, a web-analytics service developed by Google that allows for the measurement and analysis of site navigation. According to the typology above it has its own cookies. You can find more information and disable the use of these cookies at www.google.com / intl / en / analytics / privacyoverview.html. These cookies can be identified as: Cookies: utma __, __ UTMB, __ utmc, __ utmz
Through web analytics there is information about your personal data. You are guaranteed to protect the privacy of people who surf the web. The information obtained is relative to the number of users accessing the website, the number of page views, frequency of repetition of visits, duration, browser used, operator providing the service, language, using the terminal or the city to which the IP address is assigned. This information allows a service to be better and more appropriate. Information is automatically stored on Google's servers (which we do not have access to).
Other cookies are called 32 random technical characters required for proper navigation through the sections of this Portal. It is absolutely necessary and inherent to the platform and among one of its many functions, it allows to write the user to add items to the cart.
11. INTELLECTUAL PROPERTY
11.1. The Store is a registered site and the Service provided by the site itself is the responsibility of CUBOHOTEL.
11.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable laws.
11.3. You acknowledge that any content appearing in the advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, so any use of such content may only occur under the express authorization of the respective owners.
11.4. The User undertakes to respect in full the rights referred to in the previous number, namely to refrain from any acts that may violate the law or said rights, such as reproduction, marketing, transmission or placement to the public's disposal of such content or any other unauthorized acts that have as their object the same contents.
12. SERVICE SECURITY CONDITIONS
12.1. The User undertakes to observe all applicable legal provisions, in particular, not to practice or encourage the practice of illegal acts or offensive of the good habits, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and shall also observe the rules of use of the Service, otherwise CUBOHOTEL may suspend or deactivate the Service in accordance with the provisions of item 11.
12.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and therefore subject to computer overload, and therefore CUBOHOTEL does not guarantee the provision of the Service without interruption, loss of information or delays
12.3. CUBOHOTEL also does not guarantee the provision of the Service in situations of unpredictable overload of the systems in which it is supported or of force majeure (situations of an extraordinary or unforeseeable nature, outside CUBOHOTEL and that can not be controlled by it).
12.4. In the event of interruption of the provision of the Service for reasons of unpredictable overload of the systems in which it is supported, CUBOHOTEL undertakes to regularize its operation as soon as possible.
13. SUSPENSION AND DISABLED SERVICE SHOP
13.1. Regardless of any prior or subsequent communication, CUBOHOTEL may, at any time and in its sole discretion, discontinue the provision of the Service and / or part of the Service to one or all Users.
13.2. CUBOHOTEL also reserves the right to suspend or immediately cease access to the Service, in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When CUBOHOTEL ceases access to the Lodge, by giving prior notice 15 days prior to the date of termination.
13.3. The suspension or termination of the Service by CUBOHOTEL, under the terms of the previous numbers, does not matter the right of the User or third parties to any compensation or other compensation, CUBOHOTEL not being liable or in any way encumbered by any consequence resulting from the suspension, cancellation of the Service.
13.4. In the situations described above, CUBOHOTEL will communicate to the User, in advance so that the User may, in order to safeguard the contents of his / her area of view of orders within three (3) business days of sending the email or making available information on the Service homepage.
14. COMMUNICATIONS
14.1. Without prejudice to other forms of communication set forth in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact .
14.2. The User agrees to receive any and all communication and / or notification related to the Online Store, to the address, telephone number and or e-mail address ("e-mail") indicated in the ordering process.
At any time, you may request that you not receive these communications and / or notifications through the Contact Form or send an email to request the cancellation.
15. TECHNICAL SETTINGS
15.1. Notwithstanding the provisions of the following paragraph, CUBOHOTEL may change the Service and / or the technical conditions for its provision, as well as the respective rules of use, and shall disclose such changes to the User at least fifteen (15) days in advance.
15.2. The current version of these General Conditions and their annexes can be found at www.cubohotel.com .
16. SYSTEM UPDATE
16.1. Whenever CUBOHOTEL deems it necessary or desirable to optimize the browsing experience and / or improve the connectivity conditions, it can remotely reshape the network settings.
16.2. Without prejudice to the provisions of the following paragraphs, and in view of the innovative nature of the Service and the technological evolutions to which it may be subject, CUBOHOTEL may change the technical configurations of the Service whenever this proves convenient to adapt it to any technological developments.
16.3. CUBOHOTEL does not guarantee, however, to the User to make any upgrades or improvements in the Service.
16.4. Some upgrades or new features of the Service may be available only against payment by the User and / or subscription, for the same, of Specific Conditions of use.
17. SEND
17.1. The standard shipping will be done between 24h and 48h after receipt of payment (except for another term expressed in the article sheet of the website at the time of purchase), which will vary by the time the order is placed on the site, and only after receiving the confirmation receipt of payment, whichever route is chosen. Your request will then be dispatched on the working day following our receipt of your confirmation.
You can directly contact us through 00351 914445770 or via email comercial@cubohotel.com.
17.2. We strongly recommend that the Customer's data, such as the address provided by the recipient is as complete as possible and that is the one in which someone is usually to receive the merchandise until 18h. Incorrect or incomplete filling may result in non-shipment of the Order or impede the success of the shipment and delivery.
17.3. We will not be able to send orders to PO Boxes.
18. DELIVERIES
18.1. Orders will be delivered by hand on the following business day, at the date of shipment, in accordance with the normal standard of the Carrier's service.
The fulfillment of the deadlines of delivery is the sole responsibility of the transport company, and CUBOHOTEL can not be held responsible for any delays or errors.
18.2. This service does not have an exact delivery time, and it can be delivered between 9am and 6pm.
In order for the delivery to be successful it is necessary that someone be found to be able to receive and sign the delivery confirmation. You do not necessarily have to be the recipient.
18.3. CUBOHOTEL strongly recommends that in case of any anomaly / visible damage / violation of the packaging during the delivery of the order, the customer writes this information in the transport guide and later reports this situation to CUBOHOTEL, describing the facts succinctly.
If it is not possible to check the goods on delivery, the customer must write "Subject to conference" and sign. This mention is of the utmost importance, so that responsibilities may be required.
18.4. In cases where your order is returned to us, for reasons other than CUBOHOTEL (such as incorrect or insufficient address, absence of the recipient, refusal of reception and other important reasons), we will evaluate the condition of the product ( s), and we can resend it, and it is the client who is responsible for paying the costs of the resubmission. In this way, we will send you an email with this information. It will be enough to follow the instructions and to make the payment of new cost of sending so that the merchandise is sent again.
18.5. If the product is in good condition and if you choose not to pay a new shipping cost, we will not be able to re-dispatch it. You may, however, pick it up at our premises up to one month after the date of receipt of the return. There shall, however, be no refund of either the value of the product or the value of the shipment.
19. PAYMENT OPTIONS
To make the payment you have available transfer with Iban and Swift, Credit Card or PayPal.
19.1. Bank transfer
The ideal form of payment is bank transfer. Easy, safe and fast. When you place your order, you receive the data (Iban and Swift) in your e-mail so that you can immediately pay for it.
19.2. Credit Card or PayPal
You can also pay with your credit card right away. Visa or Mastercard. After entering the data of the card and submitting it, you will receive online and then the result of this authorization request.
If the payment has been authorized you will receive an email with the confirmation of the payment. If for any reason you do not receive this email (for example because of any restrictions you have in your email application) you can also check the status of your order in the Customer Area of our website and confirm the status of your order. CUBOHOTEL does not keep any records of your credit card details. The confirmation of the payment is made through an automatic and absolutely secure bank connection.?
20. CLAIMS
20.1. According to Law no. 144/2015, the user in case of litigation may resort to the CNIACC - National Center for Information and Arbitration of Consumer Conflict, as well as to complain to CUBOHOTEL of acts and omissions that violate the legal provisions applicable to the acquisition of assets.
For the alternative resolution of consumer disputes between the consumer and CUBOHOTEL, the following RAL Entity is competent:
Centro de Arbitragem de Conflitos de Consumo - Porto (CICAP)
Morada: Rua Damião de Góis n.º 31, Loja 6, 4050-225 Porto, Portugal
cicap@cicap.pt
Telefone: 00351 225 508 349
www.cicap.pt
20.2. The complaint must be filed within a maximum period of thirty (30) days, counted from the knowledge of the facts by the User, being registered in the information systems of CUBOHOTEL that should decide the complaint and notify the interested party within a maximum period of thirty (30) days from the date of receipt.
20.3. In case of any type of complaint it is obligatory the verification of the merchandise in the act of delivery, with mention in the transport guide of the happened. Example: If you receive a box with visible external damage: crumpled corners, wet box, damaged carton. Must mention in the guide of the carrier and report us immediately to comercial@cubohotel.com .
21. CUSTOMER SERVICES
The equipment should always be kept in a dry and cool place and should not be exposed to the sun, heat or damp environment. Therefore we have special care in packing and packaging your transport.
Whenever you have any questions in this area you can ask us by email comercial@cubohotel.com.
CUBOHOTEL, concerned about the high level of satisfaction and service to registered users and visitors to the site, provides the means below to contact us.
E-mail: info@cubohotel.com
T: 00 351 914 445 770
This Agreement is governed by Portuguese Law.