TERMS AND CONDITIONS
- Scope and Object of the General Conditions of the Store
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 JUICYGALAXY Lda Online Store Service. (“Service” or “Store”) by JUICYGALAXY Lda., headquartered at Rua do Alto da Forca 19 B, 2655-227 Ericeira, under corporate identification number No. 514868970, with share capital of €7500, hereinafter designated “JUICYGALAXY Lda.”.
The Service consists of providing, through whynotsoda.com, access to the Online Store which, in addition to providing information on a set of products and/or services, allows the User, electronically, to order the products disclosed therein, under the terms and conditions described herein.
The order of products must be made by Users aged 18 (eighteen) years or older (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, 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
JUICYGALAXY Lda. will do everything possible so that the information presented does not contain typographical errors, which will be quickly 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 withdrawal – see point 9).
JUICYGALAXY Lda. 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 to control by JUICYGALAXY Lda., such as human errors or incidences in the computer systems, it will not be possible to make available some of the products requested by the User . If any 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 the respective 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 JUICYGALAXY Lda..
3.1 All products and services sold by the JUICYGALAXY Lda. are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however JUICYGALAXY Lda. shall not be liable for any damages suffered by the User and/or by 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 services of communications provided by third parties, the computer system, modems, connection software or possible computer viruses or resulting from the download (“download”) through the service of infected files or containing viruses or other properties that may affect the User’s equipment. If, for any reason, there is an error in accessing the JUICYGALAXY Lda. it is impossible to provide the service, JUICYGALAXY Lda. will not be responsible for any damages.
3.3 Data and information queries carried out within the scope of this Service are presumed to be carried out by the User, with JUICYGALAXY Lda. any liability arising from the abusive or fraudulent use of the information obtained.
3.4 JUICYGALAXY Lda. will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to it as a result of fraud or gross negligence.
3.5 JUICYGALAXY Lda. is not responsible for losses or damages resulting from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of fraud or serious negligence, not being responsible in particular for (i) errors, omissions or other inaccuracies regarding the information provided through the Service; (ii) damage caused by the fault of the User or third parties, including violations of intellectual property, (iii) non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or (iv) non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside JUICYGALAXY Lda. and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of JUICYGALAXY Lda. that prevent or jeopardize the fulfillment of the assumed obligations.
3.6. JUICYGALAXY Lda. does not guarantee that:
i) the Service is provided uninterruptedly, is secure, error-free or runs infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User 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, who is solely responsible for any damage caused to his 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 JUICYGALAXY Lda. cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if previously advised by the User about the possibility of such damages occurring), resulting:
i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute for goods/services;
iii) unauthorized access or modification of personal databases.
- Consumer Obligations
4.1. The user undertakes to:
i) Provide personal data and correct addresses;
ii) Not to use false identities;
iii) Respect the imposed order limits.
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 lies with the User, and JUICYGALAXY Lda. declines any responsibility. In case the consumer violates any of these obligations, JUICYGALAXY Lda. reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by JUICYGALAXY Lda. to the same User; and also not allow the User to access any or all of the services provided by JUICYGALAXY Lda in the future.
4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods.
- Privacy and Protection of Personal Data
5.1. JUICYGALAXY Lda. guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as being mandatory to supply are essential for the provision of the Service by JUICYGALAXY Lda. by JUICYGALAXY Lda..
5.3. The User’s personal data will be processed and stored by computer and are intended to be used by JUICYGALAXY Lda. within the scope of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for marketing.
5.4. Your personal data will be shared with third parties to help us use your personal data as described above. For example, JUICYGALAXY Ltd. uses Google Analytics to understand how users use the website – for more details you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/ .
5.5. JUICYGALAXY Lda. may share Personal Information in order to comply with applicable legal and regulatory terms, to respond to a notice or other lawful request for information, or ultimately to protect their rights.
5.6. Under the terms of the 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 oppose their use for the purposes set out in previous number, and for this purpose contact the entity responsible for the processing of personal data: email@example.com
5.7. The Internet is an open network, whereby 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, not being able to JUICYGALAXY Lda. be held responsible for such access and/or use.
- Cancellation of orders
6.1 At the request of the User
The User may cancel his order by requesting it from JUICYGALAXY Lda. through the telephone number or e-mail referring the order number, which will be accepted provided that it has not yet been processed. After processing, JUICYGALAXY Lda. 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 JUICYGALAXY Lda.:
a) Order number
b) NIF with which you placed the order and delivery address
By decision of JUICYGALAXY Lda.
JUICYGALAXY Lda. 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. A JUICYGALAXY Lda. reserves the right not to process any order or refund, in the event that errors are found in the values and/or characteristics of the products, when these result from technical problems or errors beyond the control of JUICYGALAXY Lda..
- Manufacturing defect
7.1. In the event of a “manufacturing defect”, that is, when faults are detected in the products that, in principle, do not fall within the scope of the respective guarantee, the User must return the product, together with a copy of the invoice and the form within the deadline maximum of 30 consecutive days from the invoice date, to the following address:
Rua do Alto da Forca 19 B, 2655-227 Ericeira.
If the User opts for other forms of return, the respective shipping costs will be their responsibility.
7.2. In order for the product to be exchanged, you must ensure that the packaging is complete, containing all the components that constitute it, in excellent condition.
7.3. In the absence of any of the elements mentioned above, or if any of the components are not in excellent condition, no exchange will take place, and the product will be sent back to the User.
- Intellectual Property
8.1. The Store is a registered website and the Service provided by the website itself is the responsibility of JUICYGALAXY Lda..
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 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, whereby any use of these contents can only take place under the express authorization of the respective owners.
8.4. The User undertakes to fully respect the rights referred to in the previous number, namely refraining from performing any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making such contents available to the public or any other unauthorized acts having 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 acts or offensive to 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 JUICYGALAXY Lda. suspend or deactivate the Service under the terms set out in point 12.
9.2. The User expressly recognizes and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and as such, subject to computer overloads, whereby JUICYGALAXY Lda. does not guarantee the provision of the Service without interruptions, loss of information or delays.
9.3. JUICYGALAXY Lda. it 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, outside JUICYGALAXY Lda. and which cannot be controlled by it).
9.4. In the event of an interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, JUICYGALAXY Lda. undertakes to regularize its operation as soon as possible.
- Suspension and Deactivation of the Store Service
10.1. Regardless of any prior or subsequent communication, JUICYGALAXY Lda. may, at any time, and in its sole discretion, discontinue providing the Service and/or part of the Service to one or all Users.
10.2. JUICYGALAXY Lda. 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 mentioned of the General Conditions;
b) When JUICYGALAXY Lda. cease access to the Store, upon prior notice 15 days prior to the date of cessation.
10.3. The suspension or termination of the Service by JUICYGALAXY Lda., under the terms of the previous numbers, does not matter the right of the User or third parties to any indemnity or other compensation, and JUICYGALAXY Lda. be liable or in any way charged, for any consequence resulting from the suspension, annulment, cancellation of the Service.
10.4. In the situations described above, JUICYGALAXY Lda. will communicate to the User, in advance, so that he can, if he so wishes, safeguard the content of his order display area within a period of 3 (three) working days from the sending of the e-mail or the availability of the information on the main page of the Service .
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 communications and/or notifications related to the Online Store, to the address, contact telephone number and/or email address (“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, JUICYGALAXY Lda. 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) days in advance.
12.2. The current version of these General Conditions and their annexes is available on the website whynotsoda.com
13.1. Whenever JUICYGALAXY Lda. deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate network settings.
13.2. Without prejudice to the provisions of the following numbers, and in view of the innovative nature of the Service and the technological developments to which it may be subject, JUICYGALAXY Lda. may change the technical configurations of the same whenever this proves to be convenient to adapt it to eventual technological developments.
13.3. A JUICYGALAXY Lda. however, it does not guarantee the User the performance of any upgrades or improvements to the Service.
13.4. Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription, by the same, of Specific Conditions of Use.
14.1. The User may submit any contractual conflicts, to arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to JUICYGALAXY Lda. of acts and omissions that violate the 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 knowledge of the facts by the User, being registered in the information systems of JUICYGALAXY Lda. who must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of receipt.
Deliveries in Lisbon
Orders are delivered within a maximum period of 48 hours (Lisbon municipality).
In the remaining locations in the district of Lisbon (outside the municipality of Lisbon), delivery will be dispatched by carrier, taking up to 3 working days.
Rest of country
We make home delivery only in mainland Portugal.
Orders are processed at our facilities after receipt of payment. Subsequently, they are picked up by the carrier and delivered to your home within 3 business days, except during festive seasons.
Orders are delivered from Monday to Friday, with the exception of local or national holidays, at the address indicated by the customer. The customer can receive the order wherever he wants (except in PO Boxes), from Monday to Friday. To do this, simply provide us with the address where you will be present between 9:00 am and 7:00 pm. The customer must provide us with a correct and close telephone contact at all times. A delivery attempt will be made by a courier from the carrier chosen at the address indicated by the customer.
Providing an incorrect or incomplete delivery address may lead to the return of the order, resulting in additional costs for the customer. We recommend that you always make sure that the delivery address indicated when registering the order is actually correct and complete. Once the order processed, it is not possible to change the delivery address, nor the billing data you indicated.
- Applicable Law
The contract is governed by Portuguese law.