fbpx
 

TERMS AND CONDITIONS

1. Purpose and Object of General Conditions

The present general conditions are meant to, with the order form, and the other elements therein mentioned, regulate the terms and conditions by which the service YOUPi! Online Store(“Service” or “Store”) will be ruled, as it is provided by RAFIK BUSINESS & INVESTMENTS LLC, based on Rua 3 da Matinha, building A, 1oA, 1950-243 Lisboa, quota society, under the fiscal identification number 506535088, with a social capital of 500.000€, henceforth designated “YOUPi!”.

The service consists making the online store available through“www.youpii.pt”which, along with providing information related to a set of products and/or services, allows the user to place an order on the publicized products via the website, under the terms and conditions described here. The ordering of products must be made by users at or above 18(eighteen) years of age (individuals under this age will have to have authorization from their guardians). The elements and information transmitted by the user will be under full judicial rule, such that the user recognizes their acquisitions, and as such they cannot claim a lack of signature should they falter on the obligations they commit to.

2. Information about the product and contents

YOUPi! will do all in its power so that the presented information does not contain any typos, and additionally, any that show up will be promptly corrected. In case you acquire a product with traits different from those shown online, you have the right to proceed to the resolution of the purchase contract in the applicable legal terms(right to free resolution - see 9).
YOUPi! will do all in its power to send the totality of the ordered products, but it is possible that, in certain cases and due to causes hardly controllable by YOUPi!, such as human error or occurrences in our systems, we may not be able to provide the some of the products requested by the user. In case any product isn’t available after you’ve made your order, you will be warned, by email or by phone. At that moment you will be given the possibility to cancel your order, along with the respective refund, in case the payment has already been made.
All information about price, products, specifications, promotional campaigns and services might be altered at any point by YOUPi!.

3. Responsibilities

3.1 All products and services commercialized by the YOUPi! online store comply with the Portuguese Law.

3.2 The store possesses the adequate security measures, however, YOUPi! will not be held accountable for any damages suffered by the user and/or others, resulting from delays, interruptions, errors and communication suspensions originated in factors outside of their control, namely any deficiencies or faults caused by the communication network or communication services given by others, the computer systems, the modems, the connection software or eventual computer viruses or viruses coming from the downloading of infected files or containing viruses or other properties that might affect the user’s equipment. If by any motive of access error to the YOUPi! online store website there is an impossibility of service provision, YOUPi! will not be held accountable for eventual damages.

3.3 The consultations of data and information undergone with the goal of using this service are presumed to be done by the user, and YOUPi! will decline any responsibility coming from the fraudulent or abusive usage of the information obtained.

3.4 YOUPi! will not be held accountable for any losses or damages caused by abusive use of the service, that are not directly pointed towards YOUPi! as ill will or severe negligence.

3.5 YOUPi! is not responsible for losses or damages from the non-compliance or defective compliance from the service that are not directly pointed towards YOUPi! as ill will or severe negligence, taking no responsibility for (i)errors, omissions or other imprecisions related to the information relayed by the service; (ii) Damages caused by the user or others, including intellectual property violations; (iii) non-compliance or defective compliance which results from complying with juridic decisions or administrative authorities or (iv) non-compliance or defective compliance which results from major motives, that being, motives that are extraordinary or unpredictable in nature, outside of YOUPi!’s control, such as fires, blackouts, explosions, wars, disorder, civil insurrections, government decisions, strikes, earthquakes, floods or other such natural cataclysms or other situations not controllable by YOUPi! which stop or harm the compliance of the promised obligations.

3.6. YOUPi! does not warrant that:
i) The service will be provided nonstop, be safe, without errors or function infinitely;
ii) The quality of any product, service, information or any other material, bought or obtained through the service fulfills any expectation of the user about it
iii) Any material obtained in any way through usage of the service is used at the user’s own risk, making them the sole responsible for any damage caused to their system and equipment or for any loss of data that occur from that operation.
iv) No advice or information, verbal or written, obtained by the user from or through the service will create any warranty not expressed in these general conditions.

3.7. The user accepts that YOUPi! cannot in any way be made responsible for any damage, including but not limited to damages by loss of profit, data, contents, or any other losses(even if previously warned by the user about the possibility of such damages) resulting from:
i) Use or impossibility to use the service
ii) Difficulty in obtaining any substitute for goods or services iii) Access or unauthorized modification of personal data

4. Consumer Obligations

4.1. The user promises to:
i) Provide correct personal data and addresses
ii) Not use fake identities
iii) Respect the imposed order limits

4.2. In case any data is incorrect or insufficient, and for that reason comes a delay or impossibility in processing the other, or eventual non-delivery, it is the user’s responsibility, and YOUPi! declines any responsibility. In the case of the consumer violating any of these obligations, YOUPi! reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services also supplied by YOUPi! to the same user and not allow any future access from the user to any or all of YOUPi!-supplied services.

4.3. The use of acquired products and services is strictly prohibited for commercial purposes, such as resale.

5. Privacy and personal data protection

5.1. YOUPi! assures the confidentiality of all data provided by the users.
5.2. The personal data marked in the order form as mandatory are necessary in order for YOUPi! to provide a service. The omission or inaccuracy of the data provided by the user are of their sole and entire responsibility and can have YOUPi! refuse to provide any service.

5.3. The user’s personal data is processed and stored informatically and are meant to be used by YOUPi! in their contractual and/or commercial relationship with the user.

5.4. In the terms of applicable law, the right of access, correction and update to their personal data is warranted without any extra burdens, directly or via written request, as well as the right to opposing the usage of that same data for the ends seen in the previous number; to do so, they must contact the entity responsible for the treatment of personal data: YOUPi!

5.5. The internet is an open network, such that the users’ personal data, other informations and all content housed in the service might circulate the web without safety measures, also under the risk of being accessible and used by others not authorized to do such, and as such YOUPi! cannot be made responsible for this access and/or use

6. Order cancellations

6.1 At user’s request
The user can make the cancellation of their order by making a solicitation with YOUPi! through their phone number or e-mail address mentioning the order’s number, which will be accepted as long as it has not yet been processed. After it is processed, YOUPi! will try to finish its delivery, however, the user has the choice to not accept it.

In order to make the cancellation, the user will need to provide the following information to Youpi!:
a) Order number
b) FIN with which the order was made and delivery address

6.2 At YOUPi!’s call
YOUPi! reserves the right not to process orders when it verifies some inconsistency on the personal data presented or observes misconduct from the buyer. YOUPi! reserves the right not to process any order or refund in the case of any errors in value and/or characteristics in the product, when these come from technical issues or issues outside of YOUPi!.

7 Returns(Right to resolution)

7.1 The user, in the case of being a consumer, may exercise the right of resolution without any compensation being demanded of them, in the timeframe of 14(fourteen) days counting from the day the consumer acquires physical possession of their order. To exercise this right, the user may use the minute present beneath, indicating all of their identifying data, the subscribed service they wish to resolve and the subscription date. The communication should be done by letter, through the return of the acquired item, or any other adequate medium capable of evidence within the timeframe stipulated above. The consumer must, within the deadline of 14(fourteen) days counting from the resolution, return the items in their due use conditions.
Minute for the free resolution form(Only fill and return the following form if you want to resolve the contract)
- Solicited/Received on
- Consumer name(s)
- Consumer address(es)
- Consumer signature(s)(only when the form is filled out in paper) *Scribble what is not relevant
The package must be returned complete, as it was delivered, and accompanied with all the documentation received, namely the following documents: Sale receipt and the document that attests to the reception of the product. The package and the documents must be sent to the following address:
YOUPi!
Rua 3 da Matinha, Building A, 1oA, 1950-243 Lisboa
If the user opts for other forms of delivery, the respective shipping costs are of the user’s responsibility.

7.2. After reception of the return at YOUPi!’s address, the amount for the order(the amount on the sale receipt). If a promotional code was used, this value will not be returned; in other words, only the paid total is returned.

7.3. The method of reimbursement will depend on the payment method used for the intended order. In the case of payment with credit cards and PayPal, they will be credited in the respective accounts. In the remaining cases, when the BIN is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check, sent to the billing address. The refund is made up to 14 days after the reception of the will to free resolution and the reception of the good’s return.

7.4. In the event that any of the sold article’s parts is missing, or in case each of them is not in excellent state, there will not be any reimbursement for any of the parts or price, with the product being re-sent to the initial expedition address.

8. Manufacturing Defect

8.1. In case of a“Manufacturing defect”, that being, when defects are detected in the article that, presumably, don’t fit in the respective warranty, the user should return the article, along with a copy of the receipt and the “Equipment Exchange/Return Request” form, filled, at most, 30 days after the date on the receipt, to the following address:
YOUPi!
Rua 3 da Matinha, Building A, 1oA, 1950-243 Lisboa
If the user opts for other forms of delivery, the respective shipping costs are of the user’s responsibility.

8.2. So that the product exchange can be processed, you must assure the package is complete(box, instruction manual, warranty certificate, terminal and accessories), containing all of the constituting components in excellent preservation state.

8.3. In the absence of any of the aforementioned elements, or in case any of the elements is not in excellent preservation state, there will be no exchange, and the product will be re-sent to the user.

9. Warranty

9.1. All equipment available in the store is duly certified by the competent national entities.

9.2. The equipment and accessories possess a warranty period defined by the manufacturer, which, under legal terms, is a minimum of 2(two) years. This period is considered from the date of the receipt and can only be exercised upon presenting the warranty certificate and/or the purchase certificate, properly filled out.

9.3. “Out or warranty equipments” are all the products that have outlived the warranty frame established by the manufacturer or present defects caused by abnormal wear and tear, improper installation, storms, electrical discharges, negligence or accidents, bad handling, liquid/humidity infiltration, use of accessories outside of the originals and technical interventions by unauthorized personnel.

9.4. Should the equipment run out of order, and be protected under the warranty, the user may take it, as well as the purchase/warranty certificate, to a technical assistance center for the brand.

9.5. The accessories protected under the warranty that run out of order must be sent, together with the respective purchase/warranty certificate, to the following address: YOUPi!
Rua 3 da Matinha, Building A, 1oA, 1950-243 Lisboa
If the user opts for other means of devolution, the respective costs for shipping are fully their responsibility. The user must always ask for the CTT receipt proving the delivery of the package.

9.6. If the equipment is out of order and the damage is not covered by the warranty, user may take it, as well as the purchase certificate, to a technical assistance center for the brand.

10. Intellectual Property

10.1. The store is a registered site and the service provided by the site is of YOUPi!’s responsibility.

10.2. The user acknowledges that the service contains classified information and is protected by copyrights and others, industrial property and all applicable law.

10.3. The user acknowledges that any content present in publicity, headlines, promotions or mention of any sponsor or advertiser is protected by the laws relative to copyright and other rights, such that any use of these contents may only happen under explicit authorization of the respective owners.

10.4. The user commits to respecting the rights mentioned in the last number in their entirety, namely by abstaining from practicing any acts that might go against the law or such rights, such as reproduction, commercialization, transmission or placing such contents at the public’s mercy or any other unauthorized acts that have such contents as the object.

11. Service Security Conditions

11.1. The user commits to observing all applicable legal dispositions, namely by not performing or inciting illicit or distasteful acts, such as mass-sending of unsolicited contacts(spamming) violating the applicable legislation in the treatment of personal data and advertisement through automatic call apparatuses, while also upholding the service usage rules under risk of YOUPi! suspending or deactivating the service under the terms of number 14.

11.2. The user expressly acknowledges and accepts that the IP network constitutes a public network of electronic communications susceptible of usage by various users and, as such, subject to information overloads, such that YOUPi! does not warrant the provision of a service without interruptions, information loss or delays.

11.3. YOUPi! does not warrant the provision of the service in situations of unpredictable overload of the systems upon which it stands or greater forces(situations that are, by nature, extraordinary or unpredictable, outside of YOUPi!’s control)

11.4. In case of interruption of the provision of the service for reasons of unpredictable overload of the systems upon which it stands, YOUPi! commits to regularizing the situation and its functionality as quickly as possible.

12. Suspension and deactivation of the store service

12.1. Independently of any previous or future communication, YOUPi! can, at any point in time, and according to its exclusive criteria, discontinue the availability of the service/part of the service to one or all users.

12.2. YOUPi! also reserves the right to suspend or immediately terminate access to the service, in the following cases:
a) When the user doesn’t uphold the usage conditions mentioned in 4 and others mentioned in general conditions
b) Once YOUPi! ceases access to the store, upon communication 15 days before the cessation date.

12.3. The suspension or cessation of the service by YOUPi!, under the terms of the prior numbers, does not impart upon the user or others the right to any settlement or other compensation, such that YOUPi! cannot be held accountable or somehow burdened by any consequence resulting from the suspension, nullification or cancellation of the service.

12.4. In the situations described above, YOUPi! will communicate to the user ahead of time, so that they can, user be willing, safeguard the content of their order browsing area for 3(three) business days counting from the sending of the e-mail or provision of such information on the service’s main page.

13. Communications

13.1. With no loss to other forms of communication seen in the present General Conditions, the notifications sent to the user related to the service, including eventual alterations to these general conditions, may be sent by e-mail, text message or phone call.

13.2. The user accepts to receive any and all communication and/or notification related to the online store, to the address, contact phone or e-mail address indicated in the ordering process. At any moment, the user may solicit the non-receipt of these communications and/or notifications through the contact form or through the option ‘do not receive newsletter’ written on each newsletter.

14. Technical Configurations

14.1. At no cost to what is described in the next topic, YOUPi! may alter the service and/or the technical conditions under which they’re given, as well as their usage rules, being in the duty to announce these changes to the user a minimum of 15(fifteen) days prior to the changes taking place.

14.2. The current version of these General Conditions and any annex files is always found on the website www.youpii.pt

15. Communications

15.1. Whenever YOUPi! considers it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate network settings.

15.2. At no damage to what is said in the following numbers, and focusing on the innovating character of the service and the technological evolutions it may be subjected to, YOUPi! may alter its technical configurations