Terms and Conditions
1. Scope and Object of the Online Store Terms and Conditions
The present Terms and Conditions are intended, together with the order form and the other elements referred to therein, to regulate the terms and conditions governing the provisions of the Online Store metallik.eu by Metallik, Lda., with headquarters at Rua da Indústria, No. 66, 4505-604 Sanguedo, Portugal, under the single corporate identification number 510093132, hereinafter referred to as "Metallik".
The Service consists of providing, through the address metallik.eu, access to the Online Store, which, in addition to providing information related to a set of products and/or services, allows the User, by electronic means, to order some of the products disclosed therein, in the terms and conditions described here. Other products may be made available on request.
The ordering of products must be carried out by Users aged 18 (eighteen) years or older (individuals under the age of eighteen must have authorisation from their representatives). The elements and information transmitted by the User will benefit from full legal effects, with the User recognising electronic purchases. Furthermore, the User cannot claim the lack of signature for non-compliance with the undertaken obligations.
2. Product and Content Information
Metallik will do everything possible so that the information presented does not contain typographical errors, and these will be quickly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free withdrawal - see below).
Metallik will do everything possible to ship all the products ordered, but it is possible that, in certain situations and due to causes difficult to control by Metallik, such as human errors or incidents in the computer systems, it may not be possible to make some of the products requested by the User available. If any product is not available after placing the order, you will be notified, by email or by phone. At that time, you will be given the possibility to cancel the order with the respective refund if the respective payment has already been made.
All information on prices, products, specifications, promotional activities and services may be changed at any time by Metallik.
3.1 All products and services marketed in the Metallik Online Store are in accordance with Portuguese law.
3.2 The Store has appropriate security levels. However, Metallik cannot be held responsible for any losses suffered by the User and/or third parties, due to delays, interruptions, errors or suspensions of communications resulting from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any possible computer viruses, or resulting from the download of infected files or containing viruses or other properties which may affect the User's equipment. If, for any reason of error in accessing the Metallik Online Store website, it is impossible to provide a service, Metallik cannot be held responsible for any losses.
3.3 Consultations of data and information, carried out within the scope of this Service, are presumed to have been carried out by the User, and Metallik declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Metallik cannot be held responsible for any loss or damage caused by the abusive use of the Service that is not directly attributable to them as intentional misconduct or serious fault.
3.5 Metallik cannot be held responsible for losses or damages resulting from the non-compliance or limited compliance of the Service when this is not directly or indirectly attributable to them as a result of intentional misconduct or serious fault, and it cannot be held responsible for, specifically:
a) errors, omissions or other inaccuracies regarding the information made available through the Service;
b) damages caused by fault of the User or third parties, including violations of intellectual property;
c) non-compliance or limited compliance which results from compliance with legal decisions or administrative authorities;
d) non-compliance or limited compliance resulting from situations of force majeure, that is, situations of an extraordinary or unpredictable nature, outside the scope of and beyond the control of Metallik, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of Metallik which prevent or hinder the fulfilment of their obligations.
3.6. Metallik does not guarantee that:
a) The Service is provided uninterruptedly, is secure, without errors or works in an infinite manner;
b) The quality of any product, service, information or any other material purchased or obtained through the Service fulfils any and all expectations the User may have of it;
c) Any material obtained in any way through the use of the Service is used at the User's own risk, with the User being solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from that operation.
d) Any 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 Terms and Conditions.
3.7. The User accepts that Metallik cannot, in any way, be held responsible for any damage, including, but not limited to, damage from loss of profits, data, content, or any other loss (even if the possibility of such damage occurring has been previously communicated by the User), resulting from:
a) The use or inability to use the Service;
b) Difficulty in obtaining any type of substitute for the goods/services;
c) Unauthorised access or modification to personal databases.
4. Consumer obligations
4.1. The user is responsible for:
a) Providing correct personal data and addresses;
b) Not using false identities;
c) Respecting 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 the processing of the order, or possible non-delivery, the responsibility lies with the User, and Metallik cannot be held responsible. If the consumer breaches any of these obligations, Metallik reserves the right to eliminate future purchases, block store access, cancel the supply of any other services made simultaneously available by Metallik to the same User; and, furthermore, not allow the User to have future access to any or all services provided by Metallik.
5. Privacy and Personal Data Protection
6. Cancellation of orders
6.1 At the request of the User
The User may cancel their order by requesting the cancellation from Metallik by telephone contact or email, by referencing the order number and the TIN with which the order was placed, which will be accepted as long as the order has not yet been processed. After processing, Metallik will attempt to deliver it, but the User has the option of not accepting it.
6.2 By decision of Metallik
Metallik reserves the right to not process orders when it finds any inconsistencies in the personal data presented or observes misconduct by the buyer. Metallik reserves the right to not 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 unrelated to Metallik.
7. Returns (Right of withdrawal)
7.1. The User, when acting as a consumer, can exercise the right of withdrawal, without being demanded any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the property.
The package must be returned complete, as it was delivered and accompanied by all the documentation received, specifically, the following documents: sales invoice and the document which proves the product was received.
7.2. Upon receiving the return at Metallik, the amount corresponding to the amount paid for the order (value of the sales invoice) will be returned to the User. If a promotional discount code has been used, this amount will not be refunded, in other words, the refund will only be made for the amount actually paid.
7.3. The refund method for the amount to be returned will be the same as the payment method used in the respective order.
7.4. If any of the components of the sold item are missing or, if they are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.
8.1. Equipment and accessories have a legally defined guarantee period. This period starts on the date the equipment was invoiced and the guarantee can only be exercised upon presentation of proof of purchase (invoice).
8.2. Equipment for which the legally defined period has expired or equipment which has defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of moisture/liquids, use of non-original accessories or has received technical interventions by unauthorised personnel is not covered by guarantee conditions.
8.3. If the equipment breaks down, and it is covered by the guarantee, the User may contact Metallik to exercise their guarantee rights.
8.4. If the User chooses to ship the damaged equipment, the respective shipping costs are the responsibility of the User.
9. Intellectual Property
9.1. The Store is a registered website and the Service provided by the website is the responsibility of Metallik.
9.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property rights and other applicable legislation.
9.3. The User acknowledges that any content contained in the advertising, highlights, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws. Therefore, any use of such content may only occur under the express authorisation of the respective owners.
9.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, marketing, transmission or placement of such content, which is available to the public, or any other unauthorised actions involving the aforementioned content.
10. Service Security Conditions
10.1. The User expressly acknowledges and accepts that the Internet is a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads. Therefore, Metallik does not guarantee the provision of the Service without interruptions, loss of information or delays.
10.2. Metallik also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, beyond the control of Metallik).
10.3. In the event of interruption in the provision of the Service, due to unforeseeable overload of the systems on which it is supported, Metallik undertakes to regularise its operation as soon as possible.
11. Suspension and deactivation of the Store Service
11.1. Regardless of any prior or subsequent notification, Metallik may, at any time, and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
11.2. Metallik also reserves the right to suspend or terminate access to the Service immediately, in the following cases:
a) When the User does not observe the conditions of use referred to previously in the Terms and Conditions;
b) When Metallik ceases access to the Store through a notification given 15 days prior to the termination date.
11.3. The suspension or termination of the Service by Metallik, pursuant to the terms of the preceding paragraphs, does not give the User or third parties the right to receive any type of reimbursement or other compensation, and Metallik cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, termination or cancellation of the Service.
12.1. Without prejudice to other forms of communication provided for in these Terms and Conditions, notifications made to the User, related to the Service, including any changes to these Terms and Conditions, may be made to the User's email address, by SMS or telephone contact.
12.2. The User agrees to receive any and all communications and/or notifications, related to their orders, to the address, phone number and/or email indicated during the ordering process.
The User has the right to submit any contractual conflicts to the arbitration and mediation mechanisms which are or may be legally constituted, as well as file a claim with Metallik, relative to acts and omissions which violate the legal provisions applicable to the acquisition of goods.
14. Applicable Law
The Contract is governed by Portuguese law.
Updated on 30-11-2020.