- Scope and Object of the General Store Conditions
These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Petit Fox Portugal Online Store Service by Nenúfar Encantado Lda., with registered office at Praceta do Rio da Meã, 6, 2655-353 Ericeira, under unique registration number AP 70/20230612 and legal entity identification number 517571641, with share capital of €500, hereinafter referred to as Petit Fox Portugal.
The Service consists of providing, through the address https://petitfox.pt, 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 there disclosed, under the terms and conditions described here.
The order of products must be made by Users aged 18 (eighteen) years or over (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, with the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
- Product Information and Contents
Petit Fox Portugal will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever these occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right to free resolution - see point 9).
Petit Fox Portugal will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for Petit Fox Portugal to control, such as human errors or incidents in computer systems, it will not be possible to make some of the products available. products requested by the User. If a product is not available after placing the order, you will be notified by email or telephone. At that moment you will be presented with the possibility of canceling the order with a corresponding refund, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by Petit Fox Portugal.
- Responsibilities
3.1 All products and services sold in the Petit Fox Portugal Online Store are in accordance with Portuguese Law.
3.2 The Store has adequate levels of security, however Petit Fox Portugal will not be responsible for any losses suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors outside its control. control, in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or possible computer viruses or resulting from downloading through the file service infected or containing viruses or other properties that may affect the User's equipment. If, for any reason, due to an error in accessing the Petit Fox Portugal Online Store website, it is impossible to provide the service, Petit Fox Portugal will not be responsible for any losses.
3.3 Data and information consultations carried out within the scope of this Service are presumed to have been carried out by the User, with Petit Fox Portugal declining any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Petit Fox Portugal will not be responsible for any losses or damages caused by abusive use of the Service that are not directly attributable to it as an act of intent or gross negligence.
3.5 Petit Fox Portugal is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as an act of intent or gross negligence, not being responsible in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) by non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or (iv) by non-compliance or defective performance resulting the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to Petit Fox Portugal and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, decisions governmental actions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Petit Fox Portugal that prevent or harm the fulfillment of the obligations assumed.
3.6. Petit Fox Portugal does not guarantee that:
- i) the Service is provided uninterruptedly, 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 User expectations in relation to it;
- iii) any material obtained in any way through the use of the Service is used at the User's own risk, the User being 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 guarantee that is not expressed in these General Conditions.
3.7. The User accepts that Petit Fox Portugal cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of these damages occurring), resulting in:
- i) the use or inability to use the Service;
- ii) the difficulty in 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 imposed order limits.
4.2. If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Petit Fox Portugal declines any responsibility. If the consumer violates any of these obligations, Petit Fox Portugal reserves the right 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, furthermore, not allow the User future access to any or all services provided by Petit Fox Portugal.
4.3. The use of products and services purchased for commercial purposes, namely for the purpose of reselling goods, is expressly prohibited.
- Privacy and Protection of Personal Data
5.1. Petit Fox Portugal guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being mandatory to provide are essential for the provision of the Service by Petit Fox Portugal. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Petit Fox Portugal refusing to provide the Service.
5.3. The User's personal data will be processed and stored electronically and are intended to be used by Petit Fox Portugal within the scope of the contractual and/or commercial relationship with the User.
5.4. In accordance with applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to object to their use for the purposes set out in the previous number, and for this purpose you must contact the entity responsible for processing personal data: Nenúfar Encantado Lda.
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 effect, and Petit Fox Portugal cannot be held responsible for this access and/or use.
- Order cancellation
6.1 At the User's request
The User may cancel their order by requesting it from Petit Fox Portugal via telephone number or email referring to the order number, which will be accepted as long as it has not yet been processed. After processing, Petit Fox Portugal will attempt 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 Petit Fox Portugal:
- a) Order number
- b) NIF with which you placed the order and delivery address
6.2 By decision of Petit Fox Portugal
Petit Fox Portugal reserves the right not to process orders when it finds any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Petit Fox Portugal 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 beyond the control of Petit Fox Portugal.
- Return (Right of Resolution)
7.1. The User, if he or she is a consumer, may exercise the right of withdrawal without any compensation being required, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.
To exercise this right, the User may use the draft indicated below, and must indicate all their identification data, the subscribed service they wish to purchase and the date of subscription. Communication must be made by letter, by returning the purchased item, or by other appropriate means capable of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, contact Petit Fox Portugal via email at [email protected] in order to begin the process of returning the goods under the appropriate conditions of use.
The packaging must be returned complete, as delivered, and accompanied by all documentation received, namely the following documents: sales invoice and the document proving receipt of the product.
Items sold as "Never used" or "New" must be returned with the tag intact and must be in new, unworn and unwashed condition.
If the User chooses to make the return by post, the respective shipping costs will be their responsibility.
7.2. Upon receipt of the return at Petit Fox Portugal, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice), excluding shipping costs. If you used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
7.3. The refund method for the amount to be returned depends on the payment method used in the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. The refund is made up to 14 days after receiving the free resolution and receiving the return of the item. The User may also choose to receive a credit note to use in the Petit Fox Portugal online store, valid from the moment of receipt of the returned item.
7.4. If any of the components of the item sold are missing or if any of them are not in excellent condition, there will be no refund of the price or shipping costs, and the product will be sent back to the initial shipping address.
- Intellectual property
8.1 The Store is a registered website and the Service provided by the website itself is the responsibility of Petit Fox Portugal.
8.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
8.3. The User acknowledges that any content appearing in the advertising, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, laws relating to industrial property and other property protection laws, therefore Any use of these contents may only occur with the express authorization of the respective owners.
8.4. The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from carrying out any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making these contents available to the public or any other unauthorized acts that have the same contents as their object.
- Service Security Conditions
9.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of Petit Fox Portugal suspending or deactivating the Service under the terms set out in point 14.
9.2. The User expressly recognizes and accepts that the IP Network constitutes a public electronic communications network capable of being used by several users, and as such, subject to IT overloads, meaning that Petit Fox Portugal does not guarantee the provision of the Service without interruptions, loss of information or delays.
9.3. Petit Fox Portugal also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, external to Petit Fox Portugal and which cannot be controlled by it) .
9.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Petit Fox Portugal undertakes to regularize its operation as quickly as possible.
- Suspension and deactivation of the Store Service
10.1. Regardless of any prior or subsequent communication, Petit Fox Portugal may, at any time, and in accordance with its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
10.2. Petit Fox Portugal 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 Petit Fox Portugal ceases access to the Store, upon prior notice 15 days in advance of the date of cessation.
10.3. The suspension or termination of the Service by Petit Fox Portugal, in accordance with the previous paragraphs, does not affect the right of the User or third parties to any compensation or other compensation, and Petit Fox Portugal cannot be held responsible or in any way burdened, for any consequence. resulting from the suspension, cancellation or cancellation of the Service.
10.4. In the situations described above, Petit Fox Portugal will notify the User in advance so that they can, if they wish, safeguard the content of their order viewing area within 3 (three) business days of sending the email. or making information available on the Service's main page.
- Communications
11.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate 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 communications and/or notifications related to the Online Store, to the address, contact telephone number and/or electronic mail (“e-mail”) indicated in the ordering process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.
- Technical Settings
12.1. Without prejudice to the provisions of the following number, Petit Fox Portugal may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) in advance. days.
12.2. The current version of these General Conditions and their annexes is available on the website https://petitfox.pt.
- Communications
13.1. Whenever Petit Fox Portugal deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
13.2. Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, Petit Fox Portugal may change its technical configurations whenever this proves convenient to adapt it to possible technological developments.
13.3. However, Petit Fox Portugal does not guarantee the User that any upgrades or improvements to the Service will be made.
13.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of use.
- Claims
14.1. The User may submit any contractual conflicts to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Petit Fox Portugal, via email [email protected], of acts and omissions that violate the provisions legal provisions applicable to the acquisition of goods.
14.2. The complaint must be presented within a maximum period of 30 (thirty) days, counting from the date the User becomes aware of the facts, and registered in Petit Fox Portugal's information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days. thirty) days, counting from the date of receipt.
14.3. If, as a consumer, you consider that your rights have been violated, you can try to resolve any dispute extrajudicially by accessing the electronic online dispute resolution platform at http://ec.europa.eu/consumers/odr /.
You can consult the updated list of Alternative Dispute Resolution Entities available under article 17 of Law no. 144/2015, of September 8, on the Consumer Portal, via the website www.consumidor.pt.
- Applicable law
The Contract is governed by Portuguese law.