Terms and conditions

Scope and Object of the General Online Store Conditions

These General Conditions are intended, with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Store Service of Termas de S. Pedro do Sul based in Praça Dr. António José de Almeida, Termas de S. Pedro do Sul, 3660-692 Várzea, under the unique registration and identification number of legal person no. 506817997, hereafter referred to as "Termas SPS".

The Service consists in providing, through the https://loja.termas-spsul.com/ which, in addition to providing information regarding a set of products and / or services, allows the User to electronically order the products there disclosed, under the terms and conditions here described.

Ordering products must be made by 18 years or older Users (individuals under the age of 18 must be authorized by their representatives). The elements and information transmitted by the User will enjoy full legal effects, acknowledging the User electronic purchases. The User cannot claim the lack of signature for breach of obligations assumed.

Product Information and Contents

Termas SPS will do everything possible so that the information presented does not contain typographical errors and will be quickly corrected whenever they occur. If you purchase a product that has different characteristics than those shown online, you have the right to terminate the purchase agreement in accordance with applicable law (right of withdrawal - see paragraph 9).

Termas SPS will do everything possible to ship all ordered products, but it is possible that, in certain cases, and due to causes that are difficult to control by Termas SPS, such as human errors or incidents in computer systems, it may not be possible to make any of the ordered products available by the User. If any product is not available after you have placed your order, you will be notified by email or telephone. You will be presented with the possibility of canceling the order with its refund if you have already made the payment.

All pricing, product, specification, promotional action and service information may be changed at any time by Termas SPS.

Responsibilities

3.1 All products and services sold on Termas SPS Online Store are in accordance with the Portuguese Law.

3.2 The Store has adequate security levels, however Termas SPS will not be responsible for any damages suffered by the User and / or third parties due to delays, interruptions, errors and suspensions of communications whose origin is beyond its control. notably any deficiencies or failures caused by the communication network or communication services provided by third parties, the computer system, modems, connection software or any computer viruses or download from the infected file service or containing viruses or other properties that may affect your equipment. If for any reason of error in accessing the Termas SPS Online Store website it is impossible to provide services, Termas SPS will not be liable for any damages.

3.3 Consultations of data and information made under this Service are presumed made by the User, declining to Termas SPS any liability arising from the misuse or fraudulent use of information obtained.

3.4 Termas SPS shall not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it as intent or gross negligence.

3.5 Termas SPS is not liable for damages arising from the breach or defective fulfillment of the Service when it is not directly or indirectly attributable to it as intent or serious fault, not being liable in particular for (i) errors, omissions or other inaccuracies relating 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) the breach or defective compliance resulting from the compliance with court decisions or administrative authorities or (iv) the breach or defective compliance resulting from occurrences of major force, that is, situations of extraordinary or unpredictable nature, beyond Termas SPS control and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil uprisings, government decisions , strikes, earthquakes, floods or other natural cataclysms or other situations not controlled by Termas SPS that prevent or impair the fulfillment of the obligations assumed.

3.6. Termas SPS do not guarantee that:

i) the Service is provided uninterrupted, secure, error free or infinitely functioning;

ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any expectation of the User regarding it;

iii) any material obtained in any way by using the Service is used at your own risk and you are solely responsible for any damage to your system and computer equipment or for any loss of data resulting from such operation;

iv) no advice or information, whether oral or written, obtained by you from or through the Service will create any warranty that is not express in these General Conditions;

3.7. You agree that Termas SPS shall in no way be liable for any damages, including, but not limited to damages for loss of profits, data, content, or any other losses (even if You have previously been advised of the possibility of such damage) resulting from:

i) use or inability to use the Service;

ii) the difficulty of obtaining any substitute for goods / services;

iii) unauthorized access or modification to personal databases.

Consumer Obligations

4.1. The user undertakes to:

 (i) provide personal data and correct addresses;

ii) Do not use false identities;

iii) Respect the limits of orders 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 is of the User, and Termas SPS declines any responsibility. In case the consumer violates any of these obligations, Termas SPS reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Termas SPS to the same User; and also not allow future access of the User to any services provided by the Termas SPS.

4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely the resale of goods.

Privacy and Personal Data Protection

5.1. Termas SPS Spa guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified on the order form as being required to be supplied are indispensable for the provision of the Service by Termas SPS. The omission or inaccuracy of the data provided by the User is his sole responsibility and may give rise to refusal to provide the Service by Termas SPS.

5.3. The personal data of the User will be processed and stored by computer and are intended for use by Termas SPS in the context of the contractual and / or commercial relationship with the User and, in case of authorization by the User, for the commercialization of merchandising products, dermocosmetics, vouchers and wellness.

5.4. Pursuant to applicable law, the User is guaranteed, at no additional charge, the right to access, rectify and update his / her personal data, directly or upon written request, as well as the right to object to their use for the purposes set forth in previous paragraph, and for this purpose contact the entity responsible for the processing of personal data: Termalistur - Termas de S. Pedro do Sul EM, SA

5.5. The Internet is an open network, whereby your personal data, other personal information and all content hosted on the Service may circulate on the network without security, including the risk of being accessible and used by unauthorized third parties. Termas SPS cannot be held responsible for such access and / or use.

Order Cancellation

6.1 At Your Request

The User may cancel his order by requesting it to Termas SPS by telephone or e-mail referring the order number, which will be accepted as long as it has not been processed. After processing it, Termas SPS will attempt to deliver it, but the User has the option not to accept it.

For the purpose of cancellation, the User must provide the following data to Termas SPS:

a) Order number

b) Tax ID with which you placed the order and delivery address

6.2 By decision of Termas SPS

Termas SPS reserves the right not to process orders when it finds any inconsistency in the personal data submitted or observes misconduct by the buyer. Termas SPS reserves the right not to process any order or refund in case of errors in the values ??and / or characteristics of the products, when these are due to technical problems or which are beyond Termas SPS control.

Return (Right of Termination)

7.1. The User, in the case of being a consumer, may exercise the right of termination without being required any compensation, within 14 (fourteen) days from the day the consumer acquires physical possession of the property.

To exercise this right, the User may use the draft indicated below, and must indicate all his / her identifying data, the subscribed service he / she wishes to solve and the date of subscription. Communication should be made by telephone or email.

The consumer must within 14 (fourteen) days from the date of communication of the resolution return the goods to Termas SPS under proper conditions of use.

The package must be returned complete, as it was delivered and accompanied by all documentation received, namely the following documents: sales invoice and the document that proves the reception of the product. The packaging and the indicated documents should be sent to the following address:

Termalistur – Termas de S. Pedro do Sul, E.M., S.A.

Praça António José de Almeida,

Termas de S. Pedro do Sul, 3660-692 Várzea

The shipping costs will be your responsibility.

7.2. Upon reception of the return of the product at Termas SPS you will receive a new product, voucher or return of the amount by the same payment method used (depending on the situation).

7.3. When NIB information is provided, the refund will be made to the indicated bank account. Otherwise, the refund is made by check to the invoice address. The reimbursement is made within 14 days after receiving the wish for free resolution and the return of the good.

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 will be no refund of the price or postage, and the product will be returned to the original shipping address.

Intellectual Property

8.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Termas SPS.

8.2. You acknowledge that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable law.

8.3. You acknowledge that any content contained 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, and any use of such content may only occur under the express permission of the respective owners.

8.4. The User undertakes to fully respect the rights referred to in the previous paragraph, namely refraining from performing any acts that may violate the law or exposed rights, such as reproduction, marketing, transmission or making public access to such content or any other unauthorized acts which have as their object the same content.

9.Service Security Conditions

9.1. The User undertakes to comply with all applicable legal provisions, namely, not to practice or encourage the practice of unlawful or offensive acts of good morals, such as the indiscriminate sending of spamming in violation of the provisions of the law. applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules of use of the Service, otherwise Termas SPS suspend or deactivate the Service in accordance with paragraph 14.

9.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that may be used by several users and, as such, subject to computer overloads. Therefore, Termas SPS does not guarantee the provision of the Service without interruption, loss of information or delays.

9.3. Termas SPS Spa also does not guarantee the provision of the Service in situations of unpredictable overload of the systems it supports or major force (situations of extraordinary or unpredictable nature, that are beyond Termas SPS control).  

9.4. In case of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is supported, Termas SPS undertakes to regularize its operation as soon as possible.

10.1. Notwithstanding any prior or subsequent communication, Termas SPS may, at any time, and in its sole discretion, discontinue the Service or part of the Service available to one or all Users.

10.2. Termas SPS 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 referred to in point 4 and others referred to in the General Conditions.

b) When Termas SPS ceases access to the Lodge, upon 15 days prior notice upon the date of termination.

10.3. The suspension or termination of the Service by Termas SPS, pursuant to the foregoing paragraphs, shall not affect your right or any third party's right to any compensation and Termas SPS shall not be liable for any consequence arising from suspension or cancellation of the Service.

10.4. In the situations described above, Termas SPS will inform the User, in advance, so that he / she may, wanting to, safeguard the contents of his / her order viewing area within 3 (three) business days from the sending of the email or availability of information on the main page of the Service.

11.Communications

11.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User's email address by SMS or telephone contact. .

11.2. 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 indicated in the ordering process.

You may at any time request non-reception of these communications and / or notifications through the Contact Form or through the option of “Do not receive the newsletter” subscribed to each newsletter.

Technical Settings

12.1. Notwithstanding the provisions of the following paragraph, Termas SPS may change the Service and / or the technical conditions of its provision, as well as the respective rules of use, and shall disclose to the User such changes at least 15 (fifteen) days in advance.

12.2. The current version of these General Conditions and their annexes are available on the website https://loja.termas-spsul.com/

13.Communications

13.1. Whenever TERMAS SPS deems it necessary or convenient to optimize the browsing experience and / or improve connectivity conditions, it may remotely reshape network settings.

13.2. Notwithstanding the provisions of the following paragraphs, and bearing in mind the innovative nature of the Service and the technological developments to which it may be subject, Termas SPS may change its technical configurations whenever appropriate to adapt it to any technological developments.

13.3. Termas SPS does not, however, guarantee you any upgrades or improvements to the Service.

13.4. Some upgrades or new features of the Service may be available only upon payment by You and / or your subscription to Specific Conditions of Use.

Claims

14.1. The User may submit any contractual conflicts, to arbitration and mediation mechanisms that are or may be legally constituted, as well as to complain to Termas SPS of acts and omissions that violate the legal provisions applicable to the acquisition of goods.

14.2. The complaint must be filed within 30 (thirty) days, counted from the user's knowledge of the facts, and registered in the information systems of Termas SPS, which shall decide the complaint and notify the interested party within 30 (thirty) days from the date of reception.

Applicable law

The Contract is governed by the Portuguese law.