Scope and Object of the General Conditions of the Store These General Conditions, along with the order form, and the other elements referred to therein, are intended to regulate the terms and conditions governing the provision of the Online Store Service of the Temple of Santa Luzia by CONFRARIA SANTA LUZIA, with headquarters at MONTE DE SANTA LUZIA, 4900-408, UNION PARISHES VIANA CASTELO SANTA MARIA MAIOR MONSERRATE MEADELA, VIANA DO CASTELO, under the unique registration number and corporate identification number 501413170, hereinafter referred to as “CONFRARIA SANTA LUZIA”.
The Service consists of the availability, through the address [INDICATE] of access to the Online Store, which, in addition to providing information about a set of products and/or services, allows the User, electronically, to order the products disclosed therein, under the terms and conditions described here.
The order of products must be made by Users aged 18 (eighteen) years or older (individuals under this age must have authorization from their representatives). The elements and information transmitted by the User will have full legal effects, acknowledging the User electronic acquisitions, and they cannot claim the lack of signature for non-compliance with the obligations assumed.
Product Information and Contents CONFRARIA SANTA LUZIA 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 different characteristics than those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free resolution – see point 9).
CONFRARIA SANTA LUZIA will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes hardly controllable by CONFRARIA SANTA LUZIA, such as human errors or incidents in computer systems, it may not be possible to provide some of the products requested by the User. If any product is not available after having placed the order, you will be notified by email or by phone. At that time, 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 can be changed at any time by CONFRARIA SANTA LUZIA.
Responsibilities 3.1 All products and services marketed in the CONFRARIA SANTA LUZIA Online Store comply with Portuguese Law.
3.2 The Store has adequate security levels, however, CONFRARIA SANTA LUZIA 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 in factors beyond its control, namely, any deficiencies or failures caused by the communication network or communication services provided by third parties, the computer system, modems, connection software or possible computer viruses or resulting from the download (“download”) through the infected or virus-containing service files or other properties that may affect the User’s equipment. If for some reason of error of access to the electronic site of the CONFRARIA SANTA LUZIA Online Store there is an impossibility of providing the service, CONFRARIA SANTA LUZIA will not be responsible for any damages.
3.3 Data and information queries made within the scope of this Service are presumed to be made by the User, declining CONFRARIA SANTA LUZIA any responsibility arising from abusive or fraudulent use of the information obtained.
3.4 CONFRARIA SANTA LUZIA will not be responsible for any losses or damages caused by abusive uses of the Service that are not directly attributable to it by way of malice or gross negligence.
3.5 CONFRARIA SANTA LUZIA is not responsible for damages or losses resulting from the non-compliance or defective compliance of the Service when it is not directly or indirectly attributable to it by way of malice or gross negligence, not being responsible in particular for (i) errors, omissions, or other inaccuracies regarding the information provided through the Service; (ii) damages caused by the User’s fault or third parties, including intellectual property violations, (iii) non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of extraordinary or unpredictable nature, external to CONFRARIA SANTA LUZIA and that by the same cannot be controlled, such as fires, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods, or other natural cataclysms or other uncontrollable situations by CONFRARIA SANTA LUZIA that prevent or hinder the fulfillment of the assumed obligations.
3.6. CONFRARIA SANTA LUZIA does not guarantee that:
i) the Service is provided uninterrupted, 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 meets any expectation 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 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 warranty not expressly stated in these General Conditions. 3.7. The User accepts that CONFRARIA SANTA LUZIA 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 previously advised by the User about the possibility of such damages), resulting from:
i) the use or impossibility of using 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 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, and for that reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility is of the User, and CONFRARIA SANTA LUZIA declines any responsibility. In case the consumer violates any of these obligations, CONFRARIA SANTA LUZIA reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided simultaneously by CONFRARIA SANTA LUZIA to the same User; and, also, not allow the future access of the User to some or any services provided by CONFRARIA SANTA LUZIA.
4.3. The use of the products and services purchased for commercial purposes, namely for the purposes of reselling goods, is expressly prohibited.
Privacy and Protection of Personal Data 5.1. CONFRARIA SANTA LUZIA guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being mandatory supply are indispensable for the provision of the Service by CONFRARIA SANTA LUZIA. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may lead to a refusal to provide the Service by CONFRARIA SANTA LUZIA.
5.3. The personal data of the User will be processed and stored computationally and are intended to be used by CONFRARIA SANTA LUZIA in the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the commercialization of [INDICATE CASE BY CASE AND ACCORDING TO THE OBJECTIVE OF THE COMPANY IN CONCRETE]
5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right of access, rectification and updating of their personal data, directly or upon written request, as well as the right to oppose the use of the same for the purposes foreseen in the previous number, and for this purpose, contact the entity responsible for processing personal data: CONFRARIA SANTA LUZIA.
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 for the purpose, and CONFRARIA SANTA LUZIA cannot be held responsible for this access and/or use.
Cancellation of orders 6.1 At the request of the User
The User may cancel their order by requesting it to CONFRARIA SANTA LUZIA through the telephone number or email referring to the order number, which will be accepted provided it has not yet been processed. After its processing, CONFRARIA SANTA LUZIA will try 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 CONFRARIA SANTA LUZIA:
a) Order number b) Taxpayer number with which the order was placed and delivery address 6.2 By decision of CONFRARIA SANTA LUZIA
CONFRARIA SANTA LUZIA reserves the right not to process orders when it verifies some inconsistency in the personal data presented or observes misconduct by the buyer. CONFRARIA SANTA LUZIA 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 not attributable to CONFRARIA SANTA LUZIA.
Return (Right of Resolution) 7.1. The User, if a consumer, may exercise the right of resolution without being required any compensation, within 14 (fourteen) days from the day the consumer acquires physical possession of the goods.
To exercise this right, the User may use the template indicated below, and must specify all their identification data, the subscribed service they wish to terminate, and the subscription date. The communication should be made, by letter, through the return of the purchased good, or by other suitable means capable of proof within the above-defined period.
The consumer must return the goods to CONFRARIA SANTA LUZIA within 14 (fourteen) days from the date of the resolution communication, in proper conditions of use.
Template for free resolution form (only fill out and return this form if you wish to terminate the contract)
Name of the consumer(s) — Address of the consumer(s) — Signature of the consumer(s) (only if this form is notified on paper). (*) Cross out what does not apply.
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 the product’s reception. The packaging and the indicated documents should be sent free of charge to the following address:
CONFRARIA SANTA LUZIA
MONTE DE SANTA LUZIA, 4900-408, UNION PARISHES VIANA CASTELO SANTA MARIA MAIOR MONSERRATE MEADELA, VIANA DO CASTELO
If the User opts for other forms of return, the respective shipping costs will be their responsibility.
7.2. Upon receipt of the return at CONFRARIA SANTA LUZIA, the amount corresponding to the value paid for the order (sales invoice value) will be refunded to the User. If a promotional discount code was used, that amount will not be refunded; hence, the refund will only be for the actual amount 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 payments by credit card and PayPal, 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 within 14 days after receiving the free resolution will and the return of the good.
7.4. If any of the components of the sold item is missing or if any of them is not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent back again to the initial shipping address.
Manufacturing Defect 8.1. In case of “manufacturing defect”, i.e., when defects are detected in the equipment that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, along with a copy of the invoice and the filled “Equipment Exchange/Return Request” form, within a maximum of 30 consecutive days from the invoice date, to the following address:
CONFRARIA SANTA LUZIA
MONTE DE SANTA LUZIA, 4900-408, UNION PARISHES VIANA CASTELO SANTA MARIA MAIOR MONSERRATE MEADELA, VIANA DO CASTELO
If the User opts for other forms of return, the respective shipping costs will be their responsibility.
8.2. For the exchange of the product to be carried out, it must be ensured that the packaging is complete (box, instruction manual, warranty certificate, terminal, and accessories) containing all the components that constitute it, in excellent condition.
8.3. In the absence of any of the elements mentioned above, or if any of the components is not in excellent condition, there will be no exchange, and the product will be sent back to the User.
Warranty 9.1. All equipment available at the Store is duly certified by competent international entities.
9.2. 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 equipment’s invoice date and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.
9.3. Equipment that has exceeded the manufacturer-defined period or shows defects caused by abnormal wear, improper installation, weather conditions, electrical discharges, negligence or accidents, mishandling, moisture/liquid infiltration, use of non-original accessories, and technical interventions by unauthorized personnel are considered out of warranty conditions.
9.4. If the equipment malfunctions and is covered by the warranty, the User may go with it, and the respective proof of purchase and/or warranty, to a technical assistance center of the brand.
9.5. Accessories covered by the warranty, which malfunction, should be sent, with the respective proof of purchase and/or warranty, to the following address:
CONFRARIA SANTA LUZIA
MONTE DE SANTA LUZIA, 4900-408, UNION PARISHES VIANA CASTELO SANTA MARIA MAIOR MONSERRATE MEADELA, VIANA DO CASTELO
If the User opts for other forms of return, the respective shipping costs will be their responsibility. The User should always request the CTT Receipt that proves the shipment of the order.
9.6. If the equipment malfunctions and this malfunction is not covered by the warranty, the User may go with it, and the respective proof of purchase, to a technical assistance center of the brand.
Intellectual Property 10.1. The Store is a registered site, and the Service provided by the site itself is the responsibility of CONFRARIA SANTA LUZIA.
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 present in advertising, highlight, 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 can only occur under express authorization from their respective owners.
10.4. The User undertakes to fully respect the rights referred to in the previous number, namely refraining from practicing any acts that may violate the law or the referred rights, such as reproduction, marketing, transmission, or making available to the public of these contents or any other unauthorized acts that have as their object the same contents.
11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules of use of the Service, under penalty of CONFRARIA SANTA LUZIA suspending or disabling the Service as provided 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, is subject to computer overloads, so CONFRARIA SANTA LUZIA does not guarantee the provision of the Service without interruptions, loss of information, or delays.
11.3. CONFRARIA SANTA LUZIA also does not guarantee the provision of the Service in situations of unpredictable overload of the systems supporting it or force majeure (situations of extraordinary or unpredictable nature, external to CONFRARIA SANTA LUZIA and that cannot be controlled by it).
11.4. In case of interruption of the provision of the Service due to unpredictable overload of the systems supporting it, CONFRARIA SANTA LUZIA undertakes to regularize its operation as soon as possible.
Suspension and deactivation of the Store Service 12.1. Regardless of any prior or subsequent communication, CONFRARIA SANTA LUZIA may, at any time, and according to its exclusive criteria, discontinue the provision of the Service and or part of the Service to one or all Users.
12.2. CONFRARIA SANTA LUZIA also reserves the right to suspend or immediately cease 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 mentioned in the General Conditions; b) When CONFRARIA SANTA LUZIA terminates access to the Store, after giving prior notice 15 days before the cessation date. 12.3. The suspension or termination of the Service by CONFRARIA SANTA LUZIA, under the terms of the previous numbers, does not entitle the User or third parties to any compensation or other compensation, and CONFRARIA SANTA LUZIA cannot be held liable or in any way burdened, for any consequences resulting from the suspension, annulment, cancellation of the Service.
12.4. In the situations described above, CONFRARIA SANTA LUZIA will communicate to the User in advance so that they can, if they wish, safeguard the content of their order viewing area within 3 (three) working days from the sending of the email or the provision of information on the main page of the Service.
13.Communications
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User related to the Service, including possible 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 all communication and/or notification related to the Online Store, to the address, contact telephone and or email address (“e-mail”) indicated in the order process.
At any time, you may request not to receive these communications and/or notifications through the Contact Form or through the option “Do not receive the Newsletter” included in each Newsletter.
Technical Settings 14.1. Without prejudice to the provisions of the following number, CONFRARIA SANTA LUZIA may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and must inform the User of such changes at least 15 (fifteen) days in advance.
14.2. The version of these General Conditions and their annexes in force at any given time is available on the website www.templosantaluzia.org
15.Communications
15.1. Whenever CONFRARIA SANTA LUZIA deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure network settings.
15.2. Notwithstanding the provisions of the following numbers, and given the innovative nature of the Service and the technological developments it may be subject to, CONFRARIA SANTA LUZIA may change the technical settings of the same whenever it proves convenient to adapt it to possible technological developments.
15.3. However, CONFRARIA SANTA LUZIA does not guarantee the User the implementation 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 them to Specific Conditions of use.
Complaints 16.1. The User may submit any contractual conflicts to the arbitration and mediation mechanisms that are or may be legally established, as well as complain to CONFRARIA SANTA LUZIA about 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 recorded in the information systems of CONFRARIA SANTA LUZIA, which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, from the date of its reception.
Applicable Law The Contract is governed by Portuguese law.