TERMS & CONDITIONS
1. 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 in them, to regulate the terms and conditions by which the provision of the Online Shop Taberna Drakkar Service (“Service” or “Store”) by Wisdom Whisper LDA, without physical stores (tabernadrakkargmail.com for any contact), under the single registration number and identification number of legal person nº 515163775, with the share capital of €5,000.00, hereinafter referred to as "DRAKKAR".
The Service consists of providing, through the address www.tabernadrakkar.com, access to the Online Store which, in addition to providing information on a set of products and/or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions described herein. The ordering of products must be made by Users aged 18 (eighteen) years old or older (individuals under the age must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing the electronic purchases, and the User cannot claim the lack of a signature for non-compliance with the assumed obligations.
2. Product and Content Information
DRAKKAR will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination - see point 9).
DRAKKAR will do its utmost to send all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by DRAKKAR, such as human errors or incidents in the computer systems, it is not possible to provide any of the products requested by the User . If any product is not available after placing the order, you will be notified by email or by telephone. At that time, 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 prices, products, specifications, promotional actions and services may be changed at any time by DRAKKAR.
3.1 All products and services sold on the DRAKKAR Online Store are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however DRAKKAR will not be liable for any damages 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, the computer system, modems, connecting software or any computer viruses or resulting from downloading through the service of infected files or containing viruses or other properties that may affect the User's equipment. If for any reason of an error in accessing the website of the DRAKKAR Online Store it is impossible to provide a service, DRAKKAR will not be liable 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, DRAKKAR declining any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 DRAKKAR will not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it as intent or gross negligence.
3.5 DRAKKAR 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 by way of intent or gross negligence, not being responsible in particular for (i) errors, omissions or other inaccuracies related to information made available through the Service; (ii) damage caused by the fault of the User or third parties, including infringements of intellectual property, (iii) for non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective performance resulting from the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, external to DRAKKAR and which cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural cataclysms or other situations beyond the control of DRAKKAR that prevent or hinder the fulfillment of assumed obligations.
3.6. DRAKKAR does not guarantee that:
1. i) the Service is provided on an uninterrupted basis, is secure, error-free or functions infinitely;
2. ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User regarding the same;
3· iii) Any material obtained in any way through the use of the Service is used at the User's expense and risk, and the User is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from this operation.
4. iv) no advice or information, whether oral or written, obtained by the User from or through the Service shall create any guarantee that is not expressed in these General Conditions.
3.7. The User accepts that DRAKKAR cannot in any way be held liable 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 occurrence of such damages), resulting from:
1. i) the use or inability to use the Service;
2. ii) the difficulty of obtaining any substitute for goods/services;
3· iii) unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
1. i) Provide personal data and correct addresses;
2. ii) Not using false identities;
3· iii) Respect the order limits imposed.
4.2. If any of the data is incorrect, that is, insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the User is responsible, and DRAKKAR declines any responsibility. In case the consumer violates any of these obligations, DRAKKAR reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by [NAME] to the same User; and, furthermore, not to allow the User's future access to any or any services provided by DRAKKAR.
4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of resale of goods.
5. Privacy and Personal Data Protection
5.1. DRAKKAR guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being of mandatory supply are indispensable for the provision of the Service by DRAKKAR. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to the refusal to provide the Service by DRAKKAR.
5.3. The User's personal data will be processed and stored by computer and are intended to be used by DRAKKAR in the context of the contractual and/or commercial relationship with the User and, in case of authorization by the User, for the marketing of INDICATE CASE BY CASE AND DE AGREEMENT WITH THE COMPANY'S PURPOSE IN CONCRETE
5.4. Under applicable law, 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 provided for in the previous number, and for this purpose, contact the entity responsible for the processing of personal data: WISDOM WHISPER 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 DRAKKAR cannot be held responsible for such access and/or use.
6. Order cancellation
6.1 Upon User's Request
The User may cancel his order by requesting it to DRAKKAR through the e-mail referring to the order number, which will be accepted as long as it has not yet been processed. After its processing, DRAKKAR 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 information to DRAKKAR:
1. a) Order number
2. b) NIF with which you placed the order and delivery address
6.2 By decision of DRAKKAR
DRAKKAR 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. DRAKKAR 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 outside DRAKKAR.
7. Return (Right of Termination)
7.1. The User, in the case of being a consumer, may exercise the right of withdrawal without demanding any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the goods. To exercise this right, the User may use the draft indicated below, and must indicate all of his/her identification data, the subscribed service that he/she intends to resolve and the subscription date. The communication must be made, by letter, by returning the purchased goods, or by other suitable and susceptible means of proof within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to DRAKKAR in the proper conditions of use.
Draft for free termination form (you should only fill in and return this form if you want to terminate the contract)
- To [insert the professional's name, geographic address and, if appropriate, fax number and email address]:
- By this communication/we communicate (*) that I have/resolved (*) of my/our (*) purchase and sale contract relating to the following good (*) — Requested in (*)/received in (*) —
Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only if this form is notified on paper). (*) Strike out what doesn't matter.
The package must be returned complete, as delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document that proves receipt of the product. The packaging and documents indicated must be sent free of charge to the following address:
Rua de Augusto Lessa 678 3º 4200-098 Porto, Portugal
If the User chooses other forms of return, the respective shipping costs will be borne by the User.
7.2. Upon receipt of the return at DRAKKAR, the amount corresponding to the amount paid for the order (sale invoice amount) will be returned to the User. 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, excluding shipping costs.
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 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 the receipt of the will for free resolution and the receipt of the return of the goods.
7.4. In the absence of any of the components of the item sold, or if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the original shipping address.
8. Manufacturing defect
8.1. In the event of a "manufacturing defect", that is, when malfunctions 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 form "Order Equipment Exchange/Return" completed, within a maximum period of 30 consecutive days from the invoice date, to the following address:
Rua de Augusto Lessa 678 3º 4200-098 Porto, Portugal
If the User chooses other forms of return, the respective shipping costs will be borne by the User.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all its constituent components, in excellent condition.
8.3. In the absence of any of the aforementioned elements, 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. Intellectual Property
9.1. The Store is a registered website and the service provided by the website itself is the responsibility of DRAKKAR.
9.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
9.3. The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, by the laws relating to industrial property and other property protection laws, so any use of these contents can only take place under the express authorization of the respective owners.
9.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from performing any acts that may violate the law or such rights, such as reproduction, marketing, transmission or placement available to the public of such contents or any other unauthorized acts that have the same contents as their object.
10.Service Security Conditions
10.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the law applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules of use of the Service, under penalty of DRAKKAR suspending or deactivating the Service as provided for in point 13.
10.2. The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by several users, and as such, subject to computer overload, so DRAKKAR does not guarantee the provision of the Service without interruptions, loss of information or delays.
10.3. DRAKKAR 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, external to DRAKKAR and which cannot be controlled by it).
10.4. In case of interruption of the provision of the Service for reasons of unpredictable overload of the systems on which it is supported, DRAKKAR undertakes to regularize its operation as soon as possible.
11. Suspension and deactivation of the Store Service
11.1. Regardless of any prior or subsequent communication, DRAKKAR may, at any time, and at its sole discretion, discontinue providing the Service and/or part of the Service to one or all Users.
11.2. DRAKKAR also reserves the right to immediately suspend or terminate access to the Service, in the following cases:
1. a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
2. b) When DRAKKAR terminates access to the Store, upon prior notice 15 days prior to the termination date.
11.3. The suspension or termination of the Service by DRAKKAR, under the terms of the previous numbers, does not affect the right of the User or third parties to any indemnity or other compensation, and DRAKKAR cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
11.4. In the situations described above, DRAKKAR will notify the User, in advance, so that the User can, if desired, safeguard the content of their order viewing area within 3 (three) business days from the sending of the email or availability information on the main page of the Service.
12.1. 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 .
12.2. The User accepts to receive any and all communication and/or notification related to the Online Store, to the address, telephone number and or email address (“e-mail”) 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 option “Not receive the Newsletter” registered in each Newsletter.
13. Technical Settings
13.1. Without prejudice to the provisions of the following number, DRAKKAR may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and shall disclose such changes to the User at least 15 (fifteen) days in advance.
13.2. The current version of these General Conditions and their annexes is available on the website www.tabernadrakkar.com
14.1. Whenever DRAKKAR deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
14.2. Without prejudice to the provisions of the following paragraphs, and bearing in mind the innovative nature of the Service and the technological evolutions to which it may be subject, DRAKKAR may change its technical configurations whenever deemed convenient to adapt it to possible technological developments.
14.3. DRAKKAR does not, however, guarantee the User to carry out any upgrades or improvements to the Service.
14.4. Some updates 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.
15.1. The User may submit any contractual conflicts, to arbitration and mediation mechanisms that are or will be legally established, as well as complain to DRAKKAR about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
15.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in DRAKKAR's information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.
16. Applicable Law
The Contract is governed by Portuguese law.