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1. Scope and Object of the General Terms and Conditions of the Store
These General Terms and Conditions, along with the order form and other referred elements, are intended to regulate the terms and conditions under which the provision of the Online Store Service CARS & VIBES by CARS & VIBES, LDA, headquartered at RUA FONTE DA CARREIRA 282 2645-467 ALCABIDECHE PORTUGAL, under the unique registration and corporate identification number PT513890734, with a share capital of €50, hereinafter referred to as CARS & VIBES, LDA.
The Service consists of providing access, through the address www.carsnvibes.com, to the Online Store which, in addition to providing information on a range of products and/or services, enables the User, electronically, to order the products presented therein, under the terms and conditions described here.
Product orders must be placed by Users aged 18 (eighteen) years or older (individuals under this age need to have authorization from their legal representatives). The elements and information transmitted by the User will have full legal effects, with the User acknowledging electronic acquisitions, and cannot claim the absence of a signature for non-compliance with the assumed obligations.
2. Product Information and Contents
CARS & VIBES, LDA will make every effort to ensure that the presented information is free from typographical errors, promptly correcting them whenever they occur. In the event of purchasing a product with 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).
CARS & VIBES, LDA will strive to deliver all ordered products; however, in certain cases and due to causes difficult to control by CARS & VIBES, LDA, such as human errors or incidents in computer systems, it might not be possible to provide some of the products requested by the User. Should a product not be available after an order is placed, you will be notified via email or phone. At that point, you'll have the option to cancel the order with the corresponding refund if the payment has been made.
All information about prices, products, specifications, promotional actions, and services may be altered at any time by CARS & VIBES, LDA.
3. Responsibilities
3.1 All products and services sold in the CARS & VIBES Online Store comply with Portuguese law.
3.2 The Store maintains adequate security levels; however, CARS & VIBES, LDA 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 stem from factors beyond its control, notably deficiencies or failures caused by the communications network or communication services provided by third parties, the computer system, modems, connection software, or possible computer viruses, or from the download of infected files or files containing viruses that may affect the User's equipment. If, due to an access error to the CARS & VIBES Online Store website, the service cannot be provided, CARS & VIBES, LDA will not be accountable for potential losses.
3.3 Data and information inquiries conducted within this Service are presumed to be carried out by the User, and CARS & VIBES, LDA disclaims any responsibility arising from abusive or fraudulent use of the information obtained.
3.4 CARS & VIBES, LDA will not be liable for any losses or damages caused by abusive uses of the Service not directly attributable to it in terms of intent or gross negligence.
3.5 CARS & VIBES, LDA is not responsible for losses or damages arising from non-compliance or defective performance of the Service when such non-compliance or defective performance cannot be directly or indirectly attributed to it in terms of intent or gross negligence. This includes (i) errors, omissions, or other inaccuracies regarding the information provided through the Service; (ii) damages caused by the User or third parties, including violations of intellectual property; (iii) non-compliance or defective performance resulting from compliance with court decisions or administrative authorities; or (iv) non-compliance or defective performance resulting from occurrences of force majeure, extraordinary or unforeseen events beyond the control of CARS & VIBES, LDA, such as fires, power cuts, explosions, wars, riots, civil uprisings, government decisions, strikes, earthquakes, floods, or other natural cataclysms or other situations beyond the control of CARS & VIBES, LDA that prevent or hinder the fulfillment of the obligations assumed.
3.6 CARS & VIBES, LDA does not guarantee that:
i) The Service will be provided uninterrupted, secure, error-free, or work infinitely;
ii) The quality of any product, service, information, or any other material bought or obtained through the Service will meet any expectations of the User regarding the same;
iii) Any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their system and computer equipment or any data loss resulting from such operation.
iv) No advice or information, whether oral or written, obtained by the User from or through the Service, will create any warranty not expressly stated in these General Terms.
3.7 The User accepts that CARS & VIBES, LDA cannot in any way be held responsible for any damage, including, but not limited to damages for loss of profits, data, content, or any other losses (even if the User has been previously warned of the possibility of such damages) resulting from:
i) The use or inability to use the Service;
ii) The difficulty in obtaining any substitute goods/services;
iii) Unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
i) Provide correct personal data and addresses;
ii) Not use false identities;
iii) Respect the order limits imposed.
4.2. If any of the data is incorrect or insufficient, resulting in a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, with CARS & VIBES, LDA disclaiming any responsibility. In the event of the consumer violating any of these obligations, CARS & VIBES, LDA reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services simultaneously provided by CARS & VIBES, LDA to the same User, and also disallow the User's future access to any or all services provided by CARS & VIBES, LDA.
4.3. The use of the acquired products and services for commercial purposes, notably for the purpose of reselling goods, is expressly prohibited.
5. Privacy and Protection of Personal Data
5.1. CARS & VIBES, LDA guarantees the confidentiality of all data provided by Users.
5.2. Personal data identified in the order form as mandatory are essential for the provision of the Service by CARS & VIBES, LDA. The omission or inaccuracy of the data provided by the User is solely their responsibility and may lead to the refusal of the Service by CARS & VIBES, LDA.
5.3. The User's personal data will be processed and stored electronically and intended to be used by CARS & VIBES, LDA within the contractual and/or commercial relationship with the User and, with the User's authorization, for marketing purposes, SPECIFY AS APPROPRIATE BASED ON THE COMPANY'S OBJECTIVE.
5.4. In accordance with applicable legislation, the User is guaranteed, at no additional cost, the right to access, rectify, and update their personal data, either directly or upon written request, as well as the right to object to their use for the purposes provided in the preceding paragraph, by contacting the entity responsible for the processing of personal data: CNPD.
5.5. The Internet is an open network, and the User's personal data, other personal information, and all content hosted on the Service may circulate on the network without security conditions, running the risk of being accessible and used by unauthorized third parties, for which CARS & VIBES, LDA cannot be held responsible for such access and/or use.
6. Order Cancellation
6.1. At the User's Request
The User may cancel their order by requesting it from CARS & VIBES, LDA through the telephone number or email, specifying the order number, which will be accepted as long as it has not been processed. After processing, CARS & VIBES, LDA will attempt to deliver it, but the User has the option not to accept it.
For the cancellation, the User must provide the following data to CARS & VIBES, LDA:
a) Order number
b) VAT number used for the order and delivery address
6.2. By Decision of CARS & VIBES, LDA
CARS & VIBES, LDA reserves the right not to process orders when inconsistencies in the presented personal data are identified or if there is misconduct by the buyer. CARS & VIBES, LDA reserves the right not to process any order or refund in the event of errors in the values and/or characteristics of the products resulting from technical problems or errors beyond CARS & VIBES, LDA.
7. Return (Right of Withdrawal)
7.1. The User, if a consumer, may exercise the right of withdrawal without being required to pay any indemnity, within a period of 14 (fourteen) days from the day the consumer acquires physical possession of the good.
To exercise this right, the User may use the template indicated below, providing all their identification data, the subscribed service they wish to terminate, and the subscription date. The communication must be made by letter, through the return of the purchased good, or by another appropriate and verifiable means within the above-defined period.
Within 14 (fourteen) days from the date of the resolution communication, the consumer must return the goods to CARS & VIBES, LDA in the proper conditions of use.
Template for the free withdrawal form (only fill in and return this form if you wish to terminate the contract)
To [insert here the name, geographical address, and, if applicable, the fax number and email address of the professional]:
By this communication, I/we () hereby terminate () my/our () purchase and sale contract related to the following good/for the provision of the following service () — Requested on ()/received on ()
Name of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only in the case of this form being notified on paper). (*) Strike out what is not relevant.
The packaging should be returned complete, as it was delivered, and accompanied by all received documentation, namely, the following documents: sales invoice and the document proving the product reception. The packaging and the indicated documents should be sent free of charge to the following address:
CARS & VIBES, LDA
RUA FONTE DA CARREIRA 282
2645-467 ALCABIDECHE
PORTUGAL
If the User chooses other return methods, the respective shipping costs will be their responsibility.
7.2. After the return is received by CARS & VIBES, LDA, the value corresponding to the order's payment (value of the sales invoice) will be refunded to the User. If a promotional discount code was used, that amount will not be refunded, meaning the refund will only be for the amount effectively paid.
7.3. The refund method depends on the payment method used in the respective order. For credit card and PayPal payments, the refunds are credited to the respective accounts. In other cases, when the NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is processed within 14 days after the receipt of the withdrawal request and the return of the good.
7.4. In the absence of any of the sold item's components or if any of them is not in excellent condition, there will be no refund of the price or the shipping costs, and the product will be resent to the initial shipping address.
8. Manufacturing Defect
8.1. In the case of a "manufacturing defect," which refers to the detection of faults in equipment that generally do not fall within the scope of their respective warranty, the User should return the equipment, along with a copy of the invoice and the "Equipment Exchange/Return Request" form filled out, within a maximum period of 30 consecutive days from the invoice date to the following address:
CARS & VIBES, LDA
RUA FONTE DA CARREIRA 282
2645-467 ALCABIDECHE
PORTUGAL
If the User chooses other return methods, the respective shipping costs will be their responsibility.
8.2. To ensure that the product exchange can be carried out, it should be ensured that the packaging is complete (box, instruction manual, warranty certificate, terminal, and accessories) containing all the components 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. Warranty
9.1. All equipment available in the Store is duly certified by competent international entities.
9.2. The equipment and accessories have a warranty period defined by the manufacturer, which legally is a minimum of 2 (two) years. This period is considered from the equipment invoice date and can only be exercised upon presentation of properly completed warranty certificates and/or proof of purchase (invoice).
9.3. Equipment that has exceeded the manufacturer's defined period or shows defects due to abnormal wear, improper installation, weather conditions, electrical surges, negligence or accidents, mishandling, moisture/liquid infiltration, use of non-original accessories, and unauthorized technical interventions are considered outside the warranty conditions.
9.4. If the equipment malfunctions and is covered by the warranty, the User can take it, along with proof of purchase and/or warranty, to the brand's technical assistance center.
9.5. Warranty-covered accessories that malfunction should be sent, along with proof of purchase and/or warranty, to the following address:
CARS & VIBES, LDA
RUA FONTE DA CARREIRA 282
2645-467 ALCABIDECHE
PORTUGAL
If the User chooses other return methods, the respective shipping costs will be their responsibility. The User should always request the CTT slip as proof of the order shipment.
9.6. If the equipment malfunctions and this malfunction is not covered by the warranty, the User can take it, along with the proof of purchase, to the brand's technical assistance center.
10. Intellectual Property
10.1. The Store is a registered website, and the Service provided by the site itself is the responsibility of CARS & VIBES, LDA.
10.2. The User acknowledges that the Service contains confidential information and is protected by copyright, related rights, industrial property, and other applicable legislation.
10.3. The User acknowledges that any content in advertising, highlighting, promotion, or mentioning any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws, and other property protection laws. Thus, the use of this content can only occur under the express authorization of the respective holders.
10.4. The User undertakes to fully respect the rights referred to in the previous number, particularly refraining from engaging in any acts that may violate the law or the said rights, such as reproduction, commercialization, transmission, or making these contents available to the public or any other unauthorized acts concerning the same content.
11. Service Security Conditions
11.1. The User agrees to observe all applicable legal provisions, namely not to practice or encourage illegal or offensive acts against good conduct, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the legislation applicable to the processing of personal data and advertising communications via automatic call devices. Failing to comply with the Service's rules may lead CARS & VIBES, LDA to suspend or deactivate the Service as provided in point 14.
11.2. The User expressly recognizes and accepts that the IP Network constitutes a public network of electronic communications susceptible to use by several users, and as such, it is subject to computer overloads. Therefore, CARS & VIBES, LDA does not guarantee the provision of the Service without interruptions, loss of information, or delays.
11.3. CARS & VIBES, LDA also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems supporting it or force majeure (extraordinary or unforeseen situations, beyond CARS & VIBES, LDA's control).
11.4. In the event of a Service interruption due to an unforeseen system overload, CARS & VIBES, LDA undertakes to restore its operation as soon as possible.
12. Suspension and Deactivation of the Store Service
12.1. Regardless of any prior or subsequent communication, CARS & VIBES, LDA may, at any time and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
12.2. CARS & VIBES, LDA also reserves the right to immediately suspend or terminate access to the Service in the following cases:
a) When the User does not comply with the usage conditions mentioned in point 4 and others referred to in the General Conditions;
b) When CARS & VIBES, LDA ceases access to the Store, upon prior communication with a notice of 15 days before the termination date.
12.3. The suspension or termination of the Service by CARS & VIBES, LDA, as stated in the aforementioned points, does not imply any right to compensation or other compensation for the User or third parties. CARS & VIBES, LDA cannot be held responsible or burdened in any way for any consequences resulting from the suspension, cancellation, or termination of the Service.
12.4. In the described situations, CARS & VIBES, LDA will notify the User in advance, enabling them, if desired, to safeguard the contents of their order viewing area within three (3) business days from the email dispatch or information provision on the Service's main page.
13. Communications
13.1. Without prejudice to other forms of communication provided in these General Conditions, notifications related to the Service, including any possible changes to these General Conditions, may be sent to the User's email address, via SMS, or by phone contact.
13.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact phone, and/or email address ("e-mail") provided in the ordering process. At any time, the User can request not to receive these communications and/or notifications using the Contact Form or by selecting the "Do not receive the Newsletter" option included in each Newsletter.
14. Technical Settings
14.1. Without prejudice to the following number, CARS & VIBES, LDA may modify the Service and/or its technical conditions of provision, as well as the respective usage rules, by informing the User of such changes with a minimum notice period of 15 (fifteen) days.
14.2. The currently effective version of these General Conditions and their attachments are available on the website www.carsnvibes.com.
15. Communications
15.1. Whenever CARS & VIBES, LDA deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure network settings.
15.2. Without prejudice to the following numbers, given the innovative nature of the Service and the technological developments to which it may be subject, CARS & VIBES, LDA may alter its technical settings whenever it deems it suitable to adapt to potential technological advancements.
15.3. However, CARS & VIBES, LDA does not guarantee the User the implementation of any upgrades or improvements to the Service.
15.4. Some upgrades or new functionalities of the Service may only be available against payment by the User and/or subscription by the same under Specific Conditions of use.
16. Complaints
16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are currently or may become legally established. Additionally, they can file complaints with CARS & VIBES, LDA concerning acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The complaint must be lodged within a maximum period of 30 (thirty) days, counted from the date the User became aware of the facts. This complaint will be recorded in the information systems of CARS & VIBES, LDA, which will decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of its receipt.
17. Applicable Law
17.1. These terms of sale and after-sales service are subject, in all matters not specifically stated, to Portuguese Law.
17.2. In the event of a dispute over the validity, interpretation, or application of these general conditions, the parties will endeavor, through dialogue and possible interest reconciliation methods, to reach an agreed solution to the problem.
17.3. If an agreement cannot be reached between the parties, they can resort to the Lisbon Consumer and Arbitration Information Center (CACCL) to resolve the dispute. In the case of an online consumer dispute, an online dispute resolution system (ODR), the Online Dispute Resolution (ODR) Platform, can also be used to settle issues related to distance contracts.
17.4. For other dispute cases, it is agreed that the competent court is the Lisbon Court.