Terms and conditions of use
These terms and conditions (changeable at any time) govern the use of this website and the agreement established between both parties.
These Terms enshrine the rights and obligations of all users on the one hand, and those of Comshop on the other, relating to the goods/services made available on this website or on any other website to which there is a link.
2. USE OF THIS SITE
These Terms are the only conditions applicable to the use of this website and supersede any other conditions, except in the case of an express agreement of Comshop, given in advance in writing. By placing an order, you confirm that you have read these Terms, which you accept without any reservation. These Terms are important to both parties as they aim to protect your rights as a customer, as well as Comshop's rights, and are intended to establish a legally valid agreement between the parties.
You agree that:
You may only use this website to make legitimate queries or orders.
You will not place orders of a speculative, false or fraudulent nature. If Comshop has reasonable grounds to believe that a particular order is of that nature, it reserves the right to cancel it and to inform the competent authorities.
You must communicate to Comshop a postal or email address, and the data relating to another form of contact, which is correct and complete and you agree that Comshop may contact you using this data if it deems it necessary.
If you do not provide Comshop with all the information it deems necessary, you may not be able to complete your order.
When placing an order through this website, the user declares that he/she is at least 18 years old and has the legal capacity to hire.
3. FORMATION OF THE CONTRACT
The information contained in these Terms is not a sales proposal, but a mere invitation to negotiate. No contract relating to the mentioned products will be established between Comshop and the user without the order being accepted by the first (regardless of whether or not a debit was made to the user's account). If the order is not accepted after any debit has taken place on the user's account, the amount will be refunded in full.
To place an order you must follow the online purchase process and press the "I confirm my order" key. You will then receive an email confirming that your order has been received by Comshop. Please note that this does not mean that your order has been accepted. The order is only a proposal to purchase one or more of our products. Any order is subject to its acceptance by Comshop, which will always be confirmed by sending an email communicating the shipment or delivery of the product(s).
The purchase and sale contract between Comshop and The User will only be formalized with the communication of the Shipping or Delivery Confirmation.
The contract will only relate to the products mentioned in the Delivery or Shipping Confirmation.
4. PRODUCT AVAILABILITY
Any order for products is subject to their availability and, in this regard, in case of non-existence or difficulty in supply, Comshop reserves the right to inform the user of the existence of alternative products, of equal or higher quality and value, which he may order. In the event that you have no interest in ordering the alternative products, any amounts paid by you will be refunded to you.
5. REFUSAL TO ORDER
Comshop reserves the right, at any time, to remove any products appearing on this website, or to change or delete any materials or contents of this website. Notwithstanding Comshop's effort so that all orders are in principle processed, exceptional circumstances may occur that lead it to refuse the processing and acceptance of an order, even after an Order Receipt Confirmation has been sent, which it reserves the right to do at any time.
Comshop will not be liable to you or any third party for the withdrawal of any product on this website, for the alteration or deletion of any materials or contents of this website, or for the refusal to complete processing or to accept any order that has been the subject of sending an Order Receipt Confirmation.
6. RIGHT OF FREE RESOLUTION BY THE USER - "Cooling Off"
The user who hires as a consumer may freely resolve the contract within 15 days of the time of delivery (departure from our Store or delivery the carrier chosen by the User), of our products . In this case the user will be reimbursed for the entire price paid for the products (without any transportation costs) in "Shopping Voucher", in accordance with the provisions of the Return Conditions (see clause 11). Please see in the Return Conditions how to return products.
The right to dislater the Agreement will only take place if the products are returned in the same state in which they were received by the user. He/she must return it with all packaging documents and materials. Any damaged product, which is not in the same condition as it was received by the user, or which has signs of use beyond the mere opening of its packaging will not be refunded. The user must therefore take the necessary care with the product(s) to be returned while they are in his possession.
More detailed information on the right to resolve the contract and the explanations relating to its exercise are the subject of clause 11 of these Terms and are also briefly contained in the Shipping Confirmation. This provision shall be without prejudice to any rights resulting from the law.
Please take due care with the handling of the product(s) while it is in your possession and, whenever possible, keep the original boxes, documents and other packaging materials in your possession for subsequent return and collection of the products.
Provided that they are available (see clause 4), Comshop will make every effort to ensure that, except in exceptional circumstances, the products contained in a Shipping Confirmation are delivered to the user on the date indicated in this, or if there is no date, within 30 days from the date of the Order Receipt Confirmation.
Possible reasons for the delay include:
- Product customization
- Specialized products
- Unforeseen circumstances
- Delivery area
If, for any reason, Comshop is unable to deliver on the scheduled date, the User will be informed of this and will be given the option to keep the order by extending the delivery time or to cancel it with full refund.
For the purposes of these Terms, a "Delivery" is considered to be made or a product is considered "Delivered" when you sign the delivery receipt.
8. RISKS AND PROPERTY
From the time of delivery (departure from our Store or delivery to the carrier chosen by the User), the risks related to the product supplied, will be at the user's and risk.
Ownership of the products supplied will only be transmitted to you when Comshop has received full payment of the amounts due for the supply of the product, including delivery charges, or after delivery (as defined in clause 7).
9. PRICE AND PAYMENT
Except in case of obvious error, the price of the products will be what is indicated on our website.
Although Comshop seeks to ensure that all prices indicated on the website are correct, errors may occur.
If Comshop finds that the price of a product contained in an order is wrong, it will inform you as soon as possible, giving you the choice between reconfirming the order at the correct price or canceling it.
In the event of contacting the user, the order will be cancelled and the user will be fully refunded the price of the products if you have already paid for them.
Comshop will have no obligation to supply any product at an incorrect price (if lower), if the error is notorious, unequivocal and should have been identified by you in reasonable circumstances, even if a Shipping Confirmation has already been issued
The prices indicated on this website of used items are exempt from I.V.A. (Special I.V.A. Regime applicable to second-hand goods, approved by Decree No. 79/98 of December 29). When they contain shipping costs, if the I.V.A. applies, it is added to the final price.
Prices are likely to change at any time but, except as for above, such change will not affect orders for which a Shipping Confirmation has already been issued.
When you have completed your purchases, all the products you want to purchase will be inserted into your cart and the next step will be the registration process and payment. To this end, you should:
1. Press the "Buy" key
2. Press the "Check" key
3. Fill in or confirm the details relating to your contact, your order, the address chosen to be sent.
4. Select the sending foma.
5. Select the payment method.
5. Press "Confirm Order".
Payment can be made through a PayPal, Bank Transfer or Cash when withcarising at the Comshop store in Porto.
10. VALUE ADDED TAX
According to the rules and regulations in force, all purchases made through this website (Used Items) are exempt from Value Added Tax (VAT) (Special VAT regime applicable to second-hand goods, approved by Decree No. 79/98 of 29 December).
In that regard, in accordance with Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common value added tax regime, the place of supply shall be considered to be that of the Member State in which the address at which the products are to be delivered is located, and the applicable VAT rate shall be that which is in force in the Member State of the place of supply in accordance with the orders placed.
11. RETURN CONDITIONS
Return by withdrawal
General Rule: If you wish to make use of the right to resolve the Agreement within the time limit set out in clause 6, you should contact Comshop using this electronic form by choosing "Return". You must return the product (at your own risk) as soon as possible to the address indicated on the same form. You will have to bear the cost of returning the product to Comshop.
Exchange or return of the product in person in a Comshop physical store: The general return rule referred to above is changed, as explained below, in cases 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/she may do so in person, at his own risk, at a Comshop store in the country or area of residence where the product was delivered, together presenting the invoice (which accompanies the product when it is delivered).
Whenever possible, the User must accompany the product to be returned from all original boxes, documents and packaging materials.
Comshop will inspect the returned product and inform the user of the refund to which they are entitled (if applicable). The refund will take place as soon as possible (in any case within 30 days of the date of notification of the resolution). The refund of any amount paid will always be made in "Purchase Voucher" regardless of the payment method chosen in the purchase of the product. However, the user is responsible for the expense and risk inherent in the return, as mentioned above.
Any product that has been damaged, which is not in the same condition in which the user received it, does not entitle you to a refund.
These provisions do not prejudice any rights of the user, which result directly from the law.
Return of defective products
If the user understands that the product supplied at the time of delivery is not in accordance with the provisions of the Agreement, he/she should promptly contact Comshop via electronic form, informing him of the condition and defects thereof.
The product may be returned to the address on the invoice or to a Comshop store in the country or area of residence where the delivery took place.
Comshop will inspect the returned product and inform the user of the right to replacement or refund (if applicable), via e-mail, within a reasonable time. Comshop, as a rule, refunds or replaces as soon as possible and in any case within 30 days of the date of confirmation via email that the user is entitled to a refund or replacement of the defective product.
Products returned by the user for reasons of defect, if confirmed, will be reimbursed for the entire amount paid, including delivery charges and return charges. The refund of any amount paid will always be made in Purchase Voucher(s).
These provisions do not prejudice any rights of the user, which result directly from the law.
12. RESPONSIBILITY AND EXCLUSIONS
Comshop's liability for any product purchased through this website is limited solely to its purchase price.
None of the following Points instill responsibility to Comshop:
a) Death or personal injury caused by your negligence;
(b) fraud or fraudulent misinformation; Or
(c) in respect of any matter where the exclusion or limitation, or attempt to exclude or limit Comshop's liability is unlawful.
Without prejudice to the foregoing paragraph, Comshop, to the maximum extent permitted by law and except as otherwise set forth in these Terms, shall accept any liability for indirect losses or damages, which occur as a result of the loss or damage of the principal loss or damage, even if arising from the practice of unlawful, contractual or non-contractual, including mere negligence, whether or not foreseeable , for example by way of:
(i) loss of income or income;
(ii) loss of business;
(iii) loss of results or contracts;
(iv) lost profits;
(v) loss of data or hours of activity.
Due to the open network nature of this website and the possibility of error in the storage and transmission of digital information, Comshop does not guarantee the accuracy and security of the information transmitted or obtained through it, unless expressly stated herein.
All product, information and material descriptions contained on this website are made available in their precise terms and without any warranty of express, implied or arising compliance for any reason.
With the maximum extent permitted by law, Comshop does not assume any kind of guarantee, without, however, implying the exclusion of liability that cannot be legally excluded in the context of consumer rights.
The products (including manufactured products) sold by us often contain the characteristics of the materials used in their composition. Natural characteristics, such as grain, texture, knots or dots and color variants, cannot be classified as faults or defects. Variations in these natural features should be expected and appreciated. Comshop selects quality products but natural characteristics are unavoidable and should be accepted as part of the particular nature of the product.
Nothing in this clause prejudices your legal rights as a consumer, nor does it affect your right to resolve the Agreement.
13. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright or trademark and other intellectual property rights relating to any and all material and content that is part of this website remains at all times owned by Comshop or its licensors. You are permitted to use such material only to the extent expressly authorized by Comshop or its licensors. This does not prevent you from using this website to obtain a copy of an order or the Terms of Agreement.
14. WRITTEN COMMUNICATIONS
Applicable law requires that any of the information or communications that Comshop sends to users take written form. By making use of this website the user accepts that the communication between him and Comshop mainly reviewes the electronic form. Comshop will contact you by email or provide you with information by inserting notices on this website. For contractual purposes, you accept this means of communication electronically and acknowledge that any contracts, notices, information and other communications that Comshop transmits to you electronically satisfy the legal requirement that such communications be made in writing.
This provision does not prejudice any rights of the user, which result directly from the law.
All user communications to Comshop must be sent via electronic form or email.
Without prejudice to clause 18, Comshop may communicate with you either by email or other electronic support (SMS) to the address contained in the order.
Any communication will be received at the time it is entered on the website, 24 hours after sending an email.
16. TRANSMISSION OF RIGHTS AND OBLIGATIONS
The Agreement between Comshop and you binds the parties and their successors and assigns.
You may not transfer, assign or charge your contractual position, or by any other means dispose of the Agreement or any rights or obligations arising therefrom, without the prior consent of Comshop, given in writing.
Comshop may transfer, assign or charge your contractual position, subcontract or by any other means dispose of the Agreement or any rights or obligations arising therefrom at any time of its term. However, no transfer, assignment or release of such position, or act of provision of the contract, may have the effect of limiting your legal rights as a consumer or reducing, or limiting in any way, any warranty provided by Comshop to you expressly or implicitly.
17. EVENTS OUT OF CONTROL OF COMSHOP
Comshop shall not be liable for failure to comply with, or default on, any obligation arising out of the Agreement that is due to an event outside its reasonable control ("Force Major Event").
A Force Major Event comprises any event, act or omission outside comshop's reasonable control and includes, in particular (but not exclusively), the following:
a) Strikes, lock-outs and other labour actions.
b) Civil uprisings, riots, assaults (robberies or thefts), invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war preparations.
c) Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
(d) the impossibility of the use of railways, sea, air, road or other public or private means of transport.
e) Impossibility of the use of public or private telecommunications networks.
f) Government laws, decrees, regulations or restrictions.
(g) any strikes, interruptions or accidents affecting relevant postal or transport services.
Comshop's obligation to comply with any Agreement shall be suspended for as long as a Force Major Event lasts and will result in an extension of the respective term equivalent to that duration. Comshop will make reasonable efforts to terminate a Force Major Event, or to find a solution that allows it to comply with its contractual obligations despite the existence of a Force Major Event.
If Comshop, at any time during the term of the Agreement, refrains from requiring strict compliance with any obligation for you resulting from the Agreement or these Terms, or from exercising any right or faculty provided for therein to terminate such compliance, this shall not constitute a waiver of those rights and faculties and shall not exempt you from the performance of your obligations.
Comshop's waiver of the exercise of any right or faculty in the face of a particular situation of user non-compliance does not mean waiver of rights or faculties in the face of a subsequent non-compliance situation.
Comshop's waiver of any right arising out of the Agreement or these Terms will only be effective if it is contained in written communication sent to you in the manner provided for in the Communications clause, where the latter expressly declares that he or she waives it.
The declaration of invalidity, illegality or ineffectiveness by a competent authority of any of the provisions of these Terms and Conditions shall not affect any of the remaining provisions, which shall remain in full force and force.
20. FULL AGREEMENT
These Terms and any document referred to therein constitute the entire agreement between the parties with respect to the formation of a Contract and shall prevail over any prior agreement, understanding or combination, in written or oral form.
Both parties acknowledge that, in entering into the Agreement, neither of them based their motivation on the statement, commitment or promise made by the other, or that it could be considered implied in something that had been said or written in negotiations between the parties prior to the conclusion of the Agreement, except where otherwise results from these Terms.
Neither party may take advantage of the fact that the other has produced a statement that is not true, oral or written, prior to the conclusion of a Contract (except where such a statement has been made with fraud) and may only be withheld from the rules of breach of contract resulting from these Terms.
21. CHANGE OF TERMS AND CONDITIONS BY COMSHOP
22. SAFEGUARD CLAUSE
In the event that any clause of this contract becomes void under any change in the current legislation, all others are valid and this agreement may not be void or void by force of that amendment. Keeping all remaining clauses whose amendment does not cover, valid under the law.
23. APPLICABLE LAW AND FORUS
Contracts for the purchase and sale of products through this website are regulated by Portuguese Law. Any dispute arising out of or relating to these Agreements is subject to the non-exclusive jurisdiction of the Portuguese courts. The provisions of this clause shall not prevail over any legal rights of the user as a consumer.
Comshop appreciates the comments and opinions of users. Please send them through our electronic form (Feedback). Any comments (including complaints) may also be sent by firstname.lastname@example.org
Rua da Boavista, 375
Tel. +351 220 174 650
Upon presentation of the purchase receipt, we exchange (within 3 days) and after-sales assistance.
Purchase Vouchers automatically expire after 12 months.
In items with promotion equal to or greater than 30%, we do not exchange or after-sales assistance.
The images on this site may differ from the actual appearance of the products, not changing their basic characteristics.
Prices and specifications are subject to change without notice.
Comshop declines any responsibility for any errors posted on the site, including any price update errors, available quantities, images and technical characteristics.
Orders will only be valid after our confirmation.
All trademarks listed on this site are registered by their owners and have no relationship with Comshop.
Any copy of the information and/or articles included on the website, catalogs, manuals or other media requires written permission from Comshop.