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[message]1 - Scope and Object of the General Conditions of the Lodge
These General Conditions are intended, with the order form, and the other elements referred to them, to regulate the terms and conditions for which the provision of the Service of the Online Petit Fox Portugal Store will be at Praceta do Rio da Meã, 6, 2655-353 Ericeira, under the registration number AP 70/20230612 and NIF No. 517571641, with €500 social capital, hereafter assigned Petit Fox Portugal.
The Service consists of making available, through the https://petitfox.pt address of access to the Online Store which, in addition to providing information relating to a set of products and/or services, allows the User electronically to order the products from it disclosed, under the terms and conditions described herein.
The order of products should be placed by Users aged or older than 18 ( eighteen ) years (individuals aged lower age will have to be permission from their representatives). User-borne elements and information will enjoy full legal effects, recognizing the User the electronic acquisitions, and it cannot allege the lack of signature for defaulting the assumed obligations.
2 - Product and Content Information
Petit Fox Portugal will do every possible so that the information displayed does not contain typographical errors, and they will be quickly corrected whenever they occur. If you acquire a product that has different characteristics to those presented online, you have the right to proceed to resolution the purchase agreement under the applicable legal terms (right of free resolution - see point 9).
Petit Fox Portugal will do all possible to send the entirety of the commissioned products, but it is possible that, in certain cases and due to causes hardly controllable by Petit Fox Portugal, such as human errors or incidences in computer systems, cannot make any of the products requests by the User. In case any product is not available after you have made the order, you will be warned, by email, or via phone. At that moment you will be presented with the possibility to override the order with the respective refund, if you have already made the respective payment.
All information on price, products, specifications, promotional stock and services may be changed at any time by Petit Fox Portugal.
3 - Responsibilities
3.1 All products and services marketed in the Petit Fox Portugal Online Store are in accordance with the Portuguese Law.
3.2 The Lodge has the appropriate security levels, however Petit Fox Portugal shall not be responsible for any losses suffered by the User and/or third parties, by virtue of delays, interruptions, errors and suspensions of communications that originate from factors outside of its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, the linking software or eventual computer viruses or arising from the downloading (“download”) through file service infected or containing viruses or other properties that may affect the User equipment. If for any reason for access to the electronic site of the Online Petit Fox Store Portugal there is impossibility of service delivery, Petit Fox Portugal will not be responsible for any losses.
3.3 Data and information queries made under this Service, presumed by the User, declining Petit Fox Portugal any responsibility arising abusive or fraudulent use of the obtained information.
3.4 Petit Fox Portugal shall not be liable for any losses or damage caused by abusive uses of the Service that are not directly attributable to it by way of a several dail or guilt.
3.5 Petit Fox Portugal is not responsible for the detriment or damages arising from defaulting or defective compliance of the Service when this is not directly or indirectly imputable to the title of a several dailor or guilt, not accountable for (i) errors, omissions or other accountable inaccuracies concerning the information made available through the Service; (ii) damage caused by User or third party guilt, including violations of intellectual property, (iii) for defaulting or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) for defaulting or defective compliance that results of the occurrence of situations of force greater, ie situations of extraordinary or unpredictable nature, exteriors to Petit Fox Portugal and that thereby they cannot be controlled, such as fires, power cuts, explosions, wars, riots, civil insurrections, decisions government, strikes, earthquakes, floods or other natural cataclysms or other non-controllable situations by Petit Fox Portugal that will preclude or impair compliance with the obligations assumed.
3.6. Petit Fox Portugal does not guarantee that:
4 - Consumer Obligations
4.1. The user commits to:
4.2. Should any of the data be incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual does not deliver, the responsibility is from the User, and Petit Fox Portugal declines any liability. In the event that the consumer violates any of these obligations, Petit Fox Portugal reserves to the direct to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by Petit Fox Portugal to the same User; and, further, not allowing for future User access to some or any services made available by Petit Fox Portugal.
4.3. The use of the products and services acquired for commercial purposes is expressly fenced, designately for the purpose of resale of goods.
5 - Privacy and Personal Data Protection
5.1. Petit Fox Portugal ensures the confidentiality of all data provided by Users.
5.2. Personal data identified in the order form as being mandatory supply is indispensable to the provision of the Service by Petit Fox Portugal. The omission or inaccuracy of the data provided by the User are of its only and entire responsibility and can give way to the Petit Fox Portugal's refusal of service.
5.3. The User's personal data will be processed and informatically stored and is intended to be used by Petit Fox Portugal under the contractual and/or commercial relationship with the User.
5.4. Under the applicable legislation, it is guaranteed to the User, without additional charges, the right to access, rectification, and upgrade your personal data, directly or upon written request, as well as the right to opposition to the use of it for the purposes provided in the previous number, and must for the purpose to contact the entity responsible for the treatment of personal data: Enchanted Liking Ltd.
5.5. The Internet is an open network, so the User's personal data, other personal information and all content hosted in the Service will be able to circulate on the network without security conditions, inclusive, the risk of being accessible and used by unauthorized third parties to the effect, and Petit Fox Portugal may not be held responsible for that access and/or use.
6 - Order Cancellation
6.1 At the User's request
User will be able to make the cancellation of your order by requesting it from Petit Fox Portugal through the phone number or email referring to the order number, which will be accepted as long as it has not yet been processed. After its processing, Petit Fox Portugal will try to effect the delivery of it, but the User has the option of not accepting it.
For the cancellation effect the User shall indicate the following data to Petit Fox Portugal:
6.2 By decision by Petit Fox Portugal
Petit Fox Portugal reserves in the right not to process orders, when to check some inconsistency in the personal data filed or observe misconduct by the buyer. Petit Fox Portugal reserves in the right to not make the processing of any order or refund, in case there are errors in the values and/or characteristics of the products, when they take place from technical problems or oblivious errors to Petit Fox Portugal.
7 - Returns (Right of Resolution)
7.1. The User, in the event of being a consumer, may exercise the right of resolution without being required any indemnity, within 14 (fourteen) days from the day when the consumer acquires the physical possession of the good.
To exercise this right, the User may use the minute stated below, and shall indicate all of its identification data, the subscribed service which you want to resolve, and the subscription date. Communication shall be made, by letter, through the return of the acquired asset, or by another adequate and susceptible means of proof within the above-defined time.
Consumer owes within 14 (fourteen) days from the date of the resolution communication to contact Petit Fox Portugal at ola@petitfox.pt in order to commence the process of returning the goods in the proper use conditions.
The packaging must be returned complete, as delivered, and accompanied by all the incoming documentation, namely, the following documents: invoice of sale and the document that proves the receipt of the product.
Items sold as "Never used" or "New" shall be returned with the tag intact and should meet still new, unused and unwashed.
If the User chooses to make the return by mail, the respective shipping costs will be your responsibility.
7.2. Upon receipt of the return in Petit Fox Portugal will be returned to the User the amount corresponding to the amount paid by the order (selling bill value), Except for shipping costs. In case you have used a promotional discount code, that amount will not be restored, ie the refund will be only for the value effectively paid.
7.3. The reimbursement method of the amount to be returned depends on the payment method used in the respective order. In the case of credit card payments and PayPal, they are credited to the respective accounts. In the other cases, when NIB information is provided, the refund is made for the indicated bank account. Reimbursement is made up to 14 days after receiving the willingness of free resolution and receiving the return of the good. User may also choose to receive a credit note note to use at the Petit Fox Portugal online store, valid from the time of receiving the item returned.
7.4. Lacking any of the components of the item sold or, in case either of them is not in excellent condition, there will be no place for any refund of the price or shipping, the product being re-submitted again for the initial expedition address.
8 - Intellectual Property
8.1 The Lodge is a registered site and the Service provided by the website itself is the responsibility of Petit Fox Portugal.
8.2. User recognizes that the Service contains confidential information and is protected by copyright and connected, industrial property and other applicable legislation.
8.3. User acknowledges that any content that is in advertising, highlighting, promoting or mentioning of any sponsor or advertiser is protected by laws relating to copyright and connected rights, by laws relating to industrial ownership and other property protection laws, so that any use of these contents may only occur under express authorization of the respective holders.
8.4. The User commits to respect in its entirety the rights to which the previous number refers to, referring to the case from practicing any acts that may violate the law or the said rights such as reproduction, marketing, transmission or placement at the public's disposition of these contents or any other unauthorized acts that have the same content by object.
9 - Service Security Conditions
9.1. User pledges to observe all applicable legal provisions, namely, not practicing or fostering the practice of illicit or offensive acts of good customs such as indiscriminate shipping of unsolicited communications (spamming) in violation of the provisions of legislation applicable to the treatment of personal data and advertising communications through automatic calling apparatus, and must also observe the rules of use of the Service, under penalty of Petit Fox Portugal to suspend or disable the Service on the terms expected at point 14.
9.2. User expressly recognizes and accepts that the IP Network constitutes a public network of e-communications susceptible to use by several users, and as such, subject to computer overheads, so Petit Fox Portugal does not guarantee the provision of the Service without interruption, loss of information or delays.
9.3. Petit Fox Portugal does not equally guarantee the provision of the Service in unpredictable overload situations of the systems in which it is supported or of strength larger (statutions of an extraordinary or unpredictable nature, exterior to Petit Fox Portugal and that thereby cannot be controlled) .
9.4. In the event of disruption of the Service's provision for unpredictable overhead reasons of the systems in which it supports itself, Petit Fox Portugal commits itself to regularize its functioning with as brevity as possible.
10 - Shop Service Suspension and Disable
10.1. Regardless of any prior or later communication, Petit Fox Portugal may, at any time, and according to its exclusive discretion, discontinue the provision of the Service and or part of the Service to one or all Users.
10.2. Petit Fox Portugal also reserves the right to suspend or immediately cease access to the Service, in the following cases:
10.3. The suspension or cessation of the Service by Petit Fox Portugal, under the terms of the previous numbers, does not matter the User's right or third parties to any compensation or other compensation, and the Petit Fox Portugal may not be blamed or in any way burdened, for any consequence resulting from the suspension, annulment, cancellation of the Service.
10.4. In the situations described above, Petit Fox Portugal will communicate to the User, in advance so that he may, wanting, safeguard the contents of its order viewing area within 3 (three) business days from sending the email or provision of the information on the main Page of the Service.
11 – Communications
11.1. Without prejudice to other forms of communication anticipated in these General Conditions, the notifications made to the User relating to the Service, including any changes to the present General Conditions, may be made to the User's e-mail address, by SMS or telephone contact .
11.2. User accepts to receive any and all communication and/or notification related to the Online Store, for address, contact phone, and or email address (“email”) stated in the order process.
At any time, you can request the failure to receive these communications and/or notices through the Contact Form or through the option of the “Do not receive Newsletter” option inscribed in each Newsletter.
12 - Technical Configurations
12.1. Without prejudice to the provisions of the following number, Petit Fox Portugal may change the Service and/or the technical conditions of delivery of it, as well as the respective rules of use, and must disclose to the User such changes a minimum of 15 (fifteen) days.
12.2. The version at each moment in place of these General Conditions and its attachments is available on the electronic site https://petitfox.com.
13 – Communications
13.1. Whenever the Petit Fox Portugal understands or convenient to optimize the navigation experience and/or improve the connectivity conditions, it can remotely reformulate network configurations.
13.2. Without prejudice to the following numbers, and attunate the innovative character of the Service and the tech evolutions to which it may be subject, Petit Fox Portugal may change the technical configurations of the same whenever this reveals convenient to adapt it to any technological developments.
13.3. Petit Fox Portugal does not guarantee however to the User to make any upgrades or improvements to the Service.
13.4. Some upgrades or new features of the Service may be available only against payment of the User and/or subscription, for the same, from Specific Conditions of use.
14 – Complaints
14.1. User may submit any contract conflicts, to the arbitration and mediation mechanisms that meet or come legally incorporated, as well as claim to Petit Fox Portugal, at ola@petitfox.pt, acts and omissions that violate the provisions legal applicable to the acquisition of goods.
14.2. The complaint shall be filed no later than 30 (thirty) days, counted from the knowledge of the User's facts, being recorded in Petit Fox Portugal's information systems that must decide the claim and notify the interested within the maximum of 30 ( thirty) days, from the date of its reception.
14.3. If, as a consumer, you consider your Rights to be violated, you may try to resolve any litigation in an extrajudicial way through access to the electronic conflict resolution platform, by the e-address http://ec.europa.eu/consumers/odr/.
You will be able to refer to the updated list of the Alternative Resolution Entities of Disputes available under Article 17 of Act No. 144/2015, Sept. 8, at the Consumer Portal, through the electronic site www.consumer.com.
15 - Applicable Law
The Contract is governed by Portuguese law.