ModelKit Online Store Terms and Conditions
1. Scope and Purpose of the General Conditions of the 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 governing the provision of the Online Store Modelkit Service by Minitec, headquartered at Rua Teófilo Carvalho dos Santos, 10 C 1600-773 Lisbon, under the single registration number n.08568/991112 and corporate identification number 503 510 840, with a share capital of €21,975.96, hereinafter referred to as “Minitec”.
The Service consists of providing, through the address www.modelkit.pt, access to the Online Store which, in addition to providing information on 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 made by Users aged 18 (eighteen) years or over (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effect, 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
Minitec will do everything possible to ensure that the information presented does not contain typographical errors, and will be quickly corrected whenever they occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination - see point 9).
Minitec will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult to control by Minitec, such as human errors or incidents in computer systems, it is not possible to provide any of the products requested by the User. If any product is not available after placing the order, you will be notified by email or by phone. 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 about price, products, specifications, promotional actions and services may be changed at any time by Minitec.
3.1. All products and services sold on the Modelkit Online Store are in accordance with Portuguese Law.
3.2. The Store has adequate levels of security, however Minitec 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 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 resulting from the download (“download”) through the infected file service or containing viruses or other properties that may affect the User's equipment. If, for any reason, there is an error in accessing the Modelkit Online Store website, it is impossible to provide the service, Minitec will not be responsible for any damages.
3.3. Data and information queries carried out within the scope of this Service are assumed to be carried out by the User, Minitec declining any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4. Minitec will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to it as willful or gross negligence.
3.5. Minitec 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 as willful or gross negligence, not being responsible for (i) errors, omissions or other inaccuracies related to information made available through the Service; (ii) damages 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 of the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, external to Minitec and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Minitec that prevent or jeopardize the fulfillment of the obligations assumed.
3.6. Minitec does not guarantee that:
i) The service is provided uninterruptedly, is secure, error-free, or functions infinitely;
ii) The quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to the same;
iii) Any material obtained in any way through the use of the Service is used at the User's own risk, the User being solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from this operation.
iv) No advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that Minitec cannot 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 previously advised by the User of the possibility of the occurrence of such damages), resulting from:
i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute for goods/services;
iii) unauthorized access or modification of personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
i) Provide personal data and correct addresses;
ii) Do not use false identities;
iii) Respect the order limits imposed.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and Minitec declines any responsibility. In the event that the consumer violates any of these obligations, Minitec reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Minitec to the same User; and, still, not allowing the User's future access to any or any services made available by Minitec.
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. Minitec guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being mandatory is essential for the provision of the Service by Minitec. The omission or inaccuracy of the data provided by the User are their sole and entire responsibility and may give rise to a refusal to provide the Service by Minitec.
5.3. The User's personal data will be processed and stored by computer and are intended to be used by Minitec within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND OF AGREEMENT WITH 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 the right to oppose their use for the purposes set out in previous number, and for this purpose, contact the entity responsible for the processing of personal data: Minitec.
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, even running the risk of being accessible and used by unauthorized third parties to effect, and Minitec cannot be held responsible for such access and/or use.
6. Cancellation of orders
6.1 At the User's request
The User may cancel his order by requesting it to Minitec 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 its processing, Minitec will attempt to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must provide the following data to Minitec:
a) Order number
b) NIF with which you placed the order and delivery address
6.2 By decision of Minitec
Minitec reserves the right not to process orders when it finds any inconsistency in the personal data presented or when it observes misconduct on the part of the buyer. Minitec reserves the right not to process any order or refund, in the event of errors in the values and/or characteristics of the products, when these arise from technical problems or errors beyond Minitec's control.
7. Return (Right of Resolution)
7.1. The User, in the case of being a consumer, may exercise the right of withdrawal without requiring any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.
To exercise this right, the User may use the draft indicated below, indicating all his identification data, the subscribed service he intends to resolve and the subscription date. The communication must be made, by letter, through the return of the purchased good, or by another suitable means and susceptible of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to Minitec 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 name, geographical address and, where appropriate, the professional's fax number and e-mail address]:
- I hereby communicate / communicate (*) that I resolve / resolve (*) of my/our (*) purchase and sale agreement relating to the following good/for the provision of the following service (*) — Requested on (*)/received in (*) -
Name of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only if this form is notified on paper). (*) Delete what does not matter.
The packaging must be returned complete, as it was 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 documents indicated must be sent free of charge to the following address:
Rua Teófilo Carvalho dos Santos, 10 C
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
7.2. Upon receipt of the return at Minitec, the User will be refunded the amount corresponding to the amount paid for the order (sales invoice value). If you have used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
7.3. The method of refunding the amount to be returned depends on the 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 free will and the 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 is not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the original 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 warranty, the User must return the equipment, together with a copy of the invoice and the form “Order Exchange / Return of Equipment” filled in, within a maximum period of 30 consecutive days from the invoice date, to the following address:
Rua Teófilo Carvalho dos Santos, 10 C
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all the components that make it up, 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, and the product will be sent back to the User.
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 under 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 duly completed warranty certificate and/or proof of purchase (invoice).
9.3. Equipment that has exceeded the period defined by the manufacturer or has defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, poor handling, infiltration of moisture/liquids, use of accessories not originals and technical interventions by unauthorized personnel.
9.4. If the equipment breaks down, and if it is covered by the guarantee, the User can go with the same, and the respective proof of purchase and/or guarantee, to a technical assistance center of the brand.
9.5. The accessories covered by the guarantee, which break down, must be sent, with the respective proof of purchase and/or guarantee, to the following address:
Rua Teófilo Carvalho dos Santos, 10 C
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 that the order has been sent.
9.6. If the equipment breaks down and this fault is not covered by the warranty, the User can go with the same, and the respective proof of purchase, to a technical assistance center of the brand.
10. Intellectual Property
10.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Minitec.
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 advertising, featured, 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 these contents 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 previous number, namely refraining from performing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making these contents available to the public 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 or offensive acts of good customs, 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, otherwise Minitec will suspend or disable the Service under the terms set out in point 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and as such, subject to computer overloads, so Minitec does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. Minitec also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, external to Minitec and which it cannot control).
11.4. In case of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Minitec undertakes to regularize its operation as soon as possible.
12. Suspension and deactivation of the Store Service
12.1. Regardless of any prior or subsequent communication, Minitec may, at any time, and in its sole discretion, discontinue providing the Service and or part of the Service to one or all Users.
12.2. Minitec also reserves the right to immediately suspend or terminate access to the Service, in the following cases:
a) When the User does not observe the conditions of use mentioned in point 4 and others mentioned in the General Conditions;
b) When Minitec ceases access to the Store, upon prior notice 15 days before the date of termination.
12.3. The suspension or termination of the Service by Minitec, under the terms of the previous numbers, does not matter the right of the User or third parties to any compensation or other compensation, and Minitec cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
12.4. In the situations described above, Minitec will notify the User in advance so that he can, if he wishes, safeguard the content of his order viewing area within 3 (three) business days from the sending of the email or availability. information on the Service's main page.
13.1. Without prejudice to other forms of communication provided for 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.
13.2. The User agrees to receive any and all communication and/or notification related to the Online Store, to the address, contact telephone number and/or email address (“email”) 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 option “Do not receive the Newsletter” registered in each Newsletter.
14. Technical Settings
14.1. Without prejudice to the provisions of the following number, Minitec 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 currently in force of these General Conditions and their annexes is available on the website www.modelkit.pt
15.1. Whenever Minitec deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it can remotely reformulate the network settings.
15.2. Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, Minitec may change its technical configurations whenever this proves to be convenient to adapt it to possible technological developments.
15.3. However, Minitec does not guarantee the User the performance of any upgrades or improvements to the Service.
15.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription, by the User, of Specific Conditions of Use.
16.1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Minitec of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in Minitec's information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
17. Applicable Law
The Contract is governed by Portuguese law.