1. Scope and Purpose of the General Conditions of the Store
These General Conditions are intended, together with the order form and other elements referred to therein, to regulate the terms and conditions governing the provision of the MineGiftShop Online Store, headquartered in Lisbon, Portugal.
The Service consists of providing, through the address www.MineGiftShop.com, access to the Online Store which, in addition to providing information regarding a set of products and/or services, allows the User, electronically, to order the products advertised therein, under the terms and conditions described herein.
Orders for products must be made by Users aged 18 (eighteen) or over (individuals under this age must have authorization from their representatives). The elements and information transmitted by the User will have full legal effects, with the User recognizing electronic acquisitions and not being able to claim the lack of signature as a reason for non-compliance with the obligations assumed.
2. Product Information and Content
MineGiftShop will do everything possible to ensure that the information presented does not contain typographical errors, and these will be promptly corrected whenever they 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 of free termination – see item 7).
MineGiftShop 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 MineGiftShop to control, such as human errors or incidents in computer systems, it will not be possible to make available some of the products ordered by the User. If a product is not available after you have placed your order, you will be notified by email or telephone. At this point, you will be given the option to cancel the order and receive a refund, if you have already made the payment.
All information about prices, products, specifications, promotional actions and services may be changed at any time by MineGiftShop.
3. Responsibilities
3.1 All products and services sold in the MineGiftShop Online Store are in accordance with the Law.
3.2 The Store has adequate levels of security, however MineGiftShop 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 beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, by the computer system, by modems or by the connection software. If for any reason there is an error accessing the MineGiftShop Online Store website and it is impossible to provide the service, MineGiftShop will not be liable for any losses.
4. Consumer Obligations
4.1. The user undertakes to:
i) Provide correct personal data and 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 eventual non-delivery, the responsibility lies with the User, and MineGiftShop declines any responsibility. In the event that the consumer violates any of these obligations, MineGiftShop reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by MineGiftShop to the same User; and, further, not allow the User’s future access to any services made available by MineGiftShop.
5. Privacy and Protection of Personal Data
5.1. MineGiftShop guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being mandatory are essential for the provision of the Service by MineGiftShop. The omission or inaccuracy of data provided by the User is their sole and entire responsibility and may result in MineGiftShop refusing to provide the Service.
5.3. The User’s personal data will be processed and stored electronically and are intended for use by MineGiftShop within the scope of the contractual and/or commercial relationship with the User.
5.4. Under applicable legislation, the User is guaranteed, at no additional cost, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose the use of said data for the purposes set out in the previous paragraph, and to do so, they must contact the entity responsible for processing personal data: MineGiftShop.
6. Cancellation of orders
6.1 At the User’s request The User may cancel his/her order by requesting it from MineGiftShop via telephone number or email stating the order number, which will be accepted as long as the order has not yet been processed. After processing, MineGiftShop will attempt to deliver it, but the User has the option of not accepting it.
For cancellation purposes, the User must provide the following data to MineGiftShop: a) Order number b) payment method used and delivery address
6.2 By decision of MineGiftShop MineGiftShop reserves the right not to process orders, when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer. MineGiftShop reserves the right not to process any order or refund if there are errors in the values and/or characteristics of the products, when these result from technical problems or errors beyond MineGiftShop’s control.
7. Return (Right of Withdrawal)
7.1. The User, if a consumer, may exercise the right of withdrawal without being required to pay any compensation, 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 form indicated below, indicating all of their identification data, the subscribed service they wish to resolve and the subscription date. Communication must be made by letter, through the return of the purchased item, or by another suitable and verifiable means within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to MineGiftShop in proper conditions of use.
The packaging must be returned complete, as it was delivered and accompanied by all documentation received, namely, the following documents: sales invoice and the document proving receipt of the product.
7.2. After receiving the return at MineGiftShop, the User will be refunded the amount corresponding to the amount paid for the order (sale value). If you have 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 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 your respective accounts. In other cases, when IBAN information is provided, the refund is made to the indicated bank account. The refund is made within 14 days after receipt of the will to freely terminate and receipt of the return of the goods.
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 price or shipping, and the product will be sent back to the initial shipping address.
8. Manufacturing defect
8.1. In the event of a “manufacturing defect”, that is, when faults are detected in the equipment that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, together with a copy of the invoice and the completed “Equipment Exchange/Return Request” form, within a maximum period of 30 consecutive days from the date of sale.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, and any accessories) containing all of the components that make it up, in excellent condition.
8.3. If any of the elements mentioned above are missing, or if any of the components are not in excellent condition, there will be no exchange and the product will be sent back to the User.
9.Warranty
9.1. All equipment available in the Store is duly certified by the 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 date of the equipment’s invoice 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 period defined by the manufacturer or presents defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, poor handling, infiltration of humidity/liquids, use of non-original accessories and technical interventions by unauthorized personnel are considered outside the warranty conditions.
9.4. If the equipment breaks down, and if it is covered by the warranty, the User may take it, and their respective proof of purchase and/or warranty, to a technical assistance center of the brand.
9.5. Accessories covered by the warranty that break must be sent, with the respective proof of purchase and/or warranty, to the MineGiftShop address.
10. Intellectual Property
10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of MineGiftShop.
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 contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, by laws relating to industrial property and other property protection laws, and therefore any use of such content may only occur under the express authorization of the respective owners.
10.4. 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 the reproduction, commercialization, transmission or making available to the public of such content or any other unauthorized acts that have the same content as their object.
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 (“email”) indicated in the order 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.
12. Technical Settings
12.1. Without prejudice to the provisions of the following paragraph, MineGiftShop may change the Service and/or the technical conditions for providing the same, as well as the respective rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.
12.2. The version currently in force of these General Conditions and their annexes is available on the website www.MineGiftShop.com