These terms and conditions (as amended from time to time) governing the use of this website and the agreement established between both parties.
These Terms set out the rights and obligations of all users on the one hand , and Comshop on the other, in relation to the goods / services offered through this website or any other website to which there is a link ( link).
2 . USE OF THIS WEBSITE
These Terms are the only conditions applicable to your use of this website and prevail over any other conditions, except with the express agreement of Comshop, prior written. By placing an order, you confirm that proceeded to read these Terms, which you accept without reservation. These Terms are important for both parties, since they are intended to protect the user's rights on their quality of customer as well as the rights of Comshop, and are intended to establish a legally valid agreement between the parties.
You agree that:
You may only use this website to make inquiries or orders that are legitimate.
Not make orders that are speculative, false or fraudulent. If Comshop has reasonable grounds to believe that a particular order is coated as such, reserves the right to cancel the order and inform the relevant authorities.
Should report to Comshop with a postal or email address, and data referring to other forms of contact that are correct and complete, and agree that Comshop can contact you using this data, if deemed necessary.
If Comshop is not provided with all the information it considers necessary, it may not be able to complete your order.
By placing an order through this website, you represent that you are at least 18 years of age and have the legal capacity to contract.
3 . FORMATION OF CONTRACT
The information contained in these Terms does not constitute an offer for sale but rather an invitation to negotiate. No contract for the products mentioned will be established between the Comshop and the User until the order has been accepted by the first (whether or not it was made a charge to account). If the order is not accepted after having made the payment for the item ordered, the amount will be refunded in full.
To place an order you should follow the shopping process online and press the " I confirm my order " button. You will then receive an email confirming that your order was received by Comshop. You should be aware that this does not mean that your order has been accepted. The order only constitutes an offer to buy one or more of our products . All orders are subject to acceptance by Comshop , which will confirm by sending an e- mail advising of shipping or delivery of the product(s).
The contract of sale between Comshop and User will only be formed with the communication of Shipment Confirmation or Delivery.
The contract will relate only to the products listed in the Shipment Confirmation or Delivery.
4 . AVAILABILITY OF PRODUCTS
All orders for products are subject to availability of the same and, in this respect, in the absence or difficulty of supply, Comshop reserves the right to inform the user about the existence of alternative products, of quality and value equal or greater, that the user can order. In case the user does not wish to order such substitute products , any monies paid by him will be refunded.
5 . REFUSAL OF ORDER
The Comshop reserves the right at any time withdraw any products appearing on this website, or to modify or delete any materials or content on this website . Notwithstanding the effort to process all orders, exceptional circumstances may occur, that lead to refusing the processing of the object and acceptance of an order, even after one sent Confirmation of Receipt, which we reserve the right to do at any moment.
The Comshop will not be liable to you or any third party for withdrawing any product from this website, by alteration or removal of any materials or content on this website, or by refusing to complete the process or accept any order which has already been sent an Acknowledgement of Receipt.
6. RIGHTS TO RESOLUTION BY YOU - " Cooling Off "
The user contracting as a consumer may resolve the contract freely within 3 days from the moment of delivery (from our Store or delivery to the carrier chosen by the User), of our products. In this case the user will be refunded the full price paid for the products ( without shipping costs ) on " Gift Voucher " in accordance with the provisions in the Return Conditions ( see clause 11 ). Please see the Return Conditions how to return the product.
The right to rescind the contract will only take place if the products are returned in the same condition as received by the user. The user should make its return with all documents and packaging materials. All the damaged product that is not in the same condition it was received by the user, or has signs of use beyond the mere opening of the packaging will not be refunded. The user should therefore have the necessary care with the product(s) to be returned while they are in his possession.
More detailed information about the right to terminate the contract and explanations relating to the exercise thereof are subject to clause 11 of these Terms and are also contained in summary form, in the Shipment Confirmation. This provision is without prejudice to any rights under the law.
Please take due care in handling the product(s) while they're in your possession and, whenever possible keep in your power the original boxes, documents and other packing materials for further return or recollection of the products.
7 . DELIVERY
Subject to availability ( see clause 4 ), Comshop will endeavor to ensure that, except in exceptional circumstances, the products contained a Shipment Confirmation are delivered to the user on the date indicated on this, or if there's nothing indicating the date, within 30 days from the date of Confirmation of Receipt.
Possible reasons for the delay include:
- Customization of products
- Specialty Products
- Unforeseen circumstances or
- Delivery area
If for any reason Comshop can not make the delivery on the scheduled date, the User will be informed and will be given the option to keep the order by extending the deadline or proceed to cancellation with full refund.
For purposes of these Terms, a " Delivery" is considered to be made or a product considered " Delivered " when the delivery receipt is signed.
8 . RISK AND TITLE
From the time of delivery ( leaving our Store or delivery to the carrier chosen by the user ), the risks relating to the product supplied will be for the account and risk of the User.
Ownership of the products will only pass to User when Comshop has received full payment of all sums due to the product, including delivery charges , or after delivery ( as defined in clause 7 ).
9. PRICE AND PAYMENT
Except in cases of obvious error, the price of the product will be as stated on our website.
Although Comshop strives to ensure that all prices on the website are accurate, errors may occur.
If Comshop found that the price of a product featured in one order is wrong , will inform the User as soon as possible, giving the option of reconfirming your order at the correct price or to its cancellation.
Unable to contact you , the order will be treated as canceled and you will be fully refunded the price of the product, if you have already paid.
The Comshop shall have no obligation to provide any items to an incorrect price (if lower) if the error is obvious and unmistakable and could have been identified by the User in reasonable circumstances, even if we have already sent a Shipping Confirmation.
The prices on this website of second-hand items are exempt from VAT ( Special VAT arrangements applicable to second-hand goods, approved by Decree No. 79/98 of 29 December ). When it contains shipping costs, if applicable, VAT is added to the final price.
Prices are subject to change at any time but, except as aforesaid, this change will not affect orders in respect of which we have already sent a Shipping Confirmation.
When you have finished your shopping, all the products you wish to purchase will be entered into your cart and the next step is the process of registration and payment. For this purpose you shall:
1. Press the " Buy " button
2 . Press the " Check "
3 . Complete or confirm details of your contact, your order, the address of choice for delivery.
4 . Select the kind of shipping you want.
5 . Select the payment method.
5 . Press "Confirm Order ".
Payment can be made through PayPal, Bank Transfer or Money if you go get your order in the Comshop store in Oporto.
10 . VALUE ADDED TAX
As the rules and regulations in force, all purchases made through this website ( Used Items ) are exempted from tax Value Added Tax (VAT ) (Special VAT arrangements applicable to second-hand goods, approved by Decree No. 79/98 of 29 December).
In this regard, in accordance with the provisions of Chapter I of Title V of Directive 2006/112/EC of the Council of 28 November 2006 on the common system of value added tax, the place of supply is deemed to be the Member State where the address at which the products will be delivered, and applicable VAT rate is shall be that in force in the Member State where the supply will be delivered in accordance with the orders placed.
11 . CONDITIONS FOR RETURN
Returns by forfeit
General Rule: If You wish to make use of the right to terminate the contract within the period specified in clause 6, should contact Comshop using this electronic form and select " Return ". Must return the product ( at your own risk) as soon as possible, to the address given in the same form. The user will have to bear the cost of returning the product to Comshop.
Exchange or refund the product personnaly in a store Comshop: The general return rule above is amended, as explained below, where there is a Comshop store in the country or area of residence in which the product was delivered. In this case, if the user needs to return the product , he may do so personally at his own risk , in a Comshop store in the country or area of residence where the product was delivered jointly presenting the bill ( which accompanies the product when it is delivered ).
Whenever possible, the User must accompany the product to return with all boxes , papers and original packing materials.
The Comshop shall verify the returned product and inform the user of the reimbursement to which he is entitled ( if applicable ). Repayment will take place as soon as possible ( in any event within 30 days from the date of notification of the resolution) . The refund of any amount paid will always be done in " Gift Voucher " regardless of the payment method chosen when purchasing the product. However, the user is responsible for the cost and risk inherent of returning, as mentioned above.
Any product that has been damaged, that is not in the same condition that has been received, does not confer entitlement to reimbursement.
These provisions shall not affect any rights of the user, resulting directly from the law.
Return of defective products.
If the user understand the product bought, on delivery, is not as provided in the Agreement, he should promptly contact Comshop via electronic form, informing us of the condition of the product and its defects.
The product may be returned to the address featured in the invoice or for a Comshop store in the country or area of residence where the delivery occurred.
The Comshop shall verify the returned product and inform the user of their right to replacement or refund ( if any ) via e - mail within a reasonable period. Comshop, as a rule, makes repayment or replacement as soon as possible (and in any event within 30 days from the date of confirmation via e- mail that you are entitled to a refund or replacement of defective product).
Products returned by you by reason of defect, if it is confirmed, will be refunded the full amount paid, including delivery charges and return shipping charges. The refund of any amount paid will always be done in "Gift Voucher".
These provisions shall not affect any rights of the user, resulting directly from the law.
12 . LIABILITY AND EXCLUSIONS
The Comshop responsibility for any product purchased through our website is strictly limited to the purchase price.
None of the following points instill responsibility Comshop:
a) For death or personal injury caused by its negligence;
b ) For fraud or fraudulent misrepresentation, or
c) for any matter in which the exclusion or limitation, or attempt to exclude or limit the liability of Comshop is illegal.
Notwithstanding the preceding paragraph, the Comshop, with the maximum extent permissible by law and except as otherwise provided in these Terms, rejects any liability for loss or consequential damages, arising out of consequential effect of the main loss or damage even if originated by the unlawful practice of contractual or extra - contractual, including mere negligence, whether or not foreseeable, as example in respect of:
( i ) loss of income or revenue;
( ii ) loss of business;
( iii ) loss of contracts or results;
( iv ) loss of profits;
( v) loss of data or hours of activity.
Due to the nature of open network of this website and the potential for errors in the storage and transmission of digital information, Comshop not guarantee the accuracy and security of information transmitted to or obtained from it, unless it's expressly stated otherwise here.
All product descriptions, information and materials on this website are available in their terms and without any guarantee of compliance expressed, implied or arising for any reason.
To the fullest extent permitted by law, Comshop assumes no warranty, without, however, this implies the exclusion of liability which can not lawfully be excluded under consumer rights.
The products ( including artefacts ) sold by us often contain the characteristics of the materials used in their composition. Natural features , such as grain, texture, nodes or points and variants of color, can not be regarded as faults or defects . Natural variations in these characteristics should be expected and appreciated. The Comshop selects quality products but natural characteristics are inevitable and should be accepted as part of the particular nature of the product.
Nothing in this clause shall affect the statutory rights as a consumer, nor does it affect your right to cancel the contract.
13. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright or concerning trademarks and other intellectual property rights relating to any and all material and content that is part of this website at any time remains in the ownership of Comshop or its licensors. The user is allowed to use this material only as expressly authorized by Comshop or its licensors. This does not prevent you from using this website to obtain a copy of any order or Contract Terms.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some information or communications we send to Comshop users should be in writing. By making use of this site, you accept that communication between User and Comshop is made mainly in electronic way. Comshop will contact you by email or provide you with information by posting notices on our website. For contractual purposes , you agree to this means of electronic communication and acknowledge that all contracts, notices, information and other communications that Comshop provide to you electronically satisfy any legal requirement that such communications be in writing.
This provision does not affect any rights of the user, resulting directly from the law.
All notices given by you to Comshop should be sent via email or electronic form.
Except as otherwise provided in clause 18, Comshop can communicate with you either by email or other electronic medium ( SMS ) to the address on the order.
Notice will be deemed received at the time it is entered into the website, 24 hours after sending an e-mail.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between the user and Comshop binds both parties and their respective successors and assigns.
You may not transfer, assign or encumber its contractual position, or otherwise dispose of the Contract or any rights or obligations thereunder without the prior consent of Comshop given in writing.
The Comshop may transfer, assign or encumber its contractual position , subcontract or otherwise dispose of the Contract or any rights or obligations under it, at any time during its term. However, no transfer, assignment or encumbrance of such a position, or act of provision of the contract, may have the effect of limiting the statutory rights as a consumer or reduce or limit in any way, any guarantee provided by the user Comshop express or implied.
17. EVENTS OUTSIDE COMSHOP CONTROL
Comshop will not be responsible for failure or delay in performance of any obligations under the Contract that is caused by events outside our reasonable control ( " Force Majeure Event " ).
A Force Majeure Event includes any event, act or omission beyond the reasonable control of Comshop and includes in particular (but not exclusively) the following:
a) Strikes, lock - outs or other industrial action
b ) Surveys civilians, riot, invasion, terrorist attack or threat of terrorist attack, war ( declared or not ) or threat or preparation for war.
c ) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d ) Impossibility of the use of rail, railways, shipping, aircraft, motor transport or other means of public or private transport.
e) Impossibility of the use of networks of public or private telecommunications networks.
f ) acts, decrees, regulations or restrictions of any government.
g ) any strikes, interruptions or accidents cards or relevant transport service.
The obligation to comply with any Comshop Agreement shall be suspended for the duration of a Force Majeure Event and shall give rise to an extension of its duration equivalent to that term. Comshop will make reasonable efforts to terminate a Force Majeure Event, or to find solution enabling the fulfillment of its contractual obligations despite the existence of a Force Majeure Event.
18 . WAIVER
If Comshop at any time during the term of the Contract, fails to require strict performance of any obligation to the user results of the Contract or these Terms, or to exercise any right or power therein to terminate such compliance, this shall not constitute a waiver of such rights or remedies and shall not relieve you from fulfilling its obligations.
The resignation of Comshop to the exercise of any right or power, towards a situation of default shall does not mean renunciation of rights or powers face a default situation later.
A waiver of any right arising Comshop the Contract or these Terms will be effective only if contained in written communication sent to the user in the manner prescribed in clause Communications, where he expressly declares that it renounces.
The declaration of invalidity, illegality or unenforceability, by the competent authority of any provision of these Terms and Conditions shall not affect any other provisions which shall remain in full force.
20. ENTIRE AGREEMENT
These Terms and any document referred to in them constitute the entire agreement between the parties relating to the formation of any Contract and supersede any prior agreement, understanding or arrangement, in written or oral form.
Both parties acknowledge that, in entering into a Contract, neither of them based on their motivation statemen, undertaking or promise given by the other, or he could be considered implied from anything said or written in negotiations between the parties at the time prior to such Contract except as expressly stated in these Terms.
Neither party may rely on the fact that the other have produced no real oral or written statement prior to the date of any Contract (unless such untrue statement was made fraudulently ) and could only avail itself of the rules of default contract arising under these Terms.
21. AMENDMENT OF TERMS AND CONDITIONS BY Comshop
22. LAW AND JURISDICTION
Contracts for buying and selling products through our site are governed by the Portuguese Law. Any dispute arising out of or related to these contracts is subject to the non-exclusive jurisdiction of the Portuguese courts. The provisions of this clause do not affect your statutory rights as a consumer.
Comshop welcomes comments and opinions of users . Please send them via our online form ( feedback ). Any comments ( including complaints ) may also be sent by mail to: email@example.com
Rua da Boavista, 375
Email : firstname.lastname@example.org
Upon presentation of proof of purchase, we make exchanges (within 15 days) and post-sales assistance.
"Gift Vouchers" automatically expire after 12 months.
In articles with promotions equal to or greater than 30 %, we make no exchanges or after-sale assistance.