Terms and conditions
- Scope and Object of the General Conditions of the Store
These General Conditions are intended to regulate the terms and conditions governing the provision of the Online Store Service www.piccolasperanza.com by NAUGHTY KID - CONFECCOES, LDA, based at RUA PROFESSOR MÁRIO PADRÃO, 295, 4785-394 TROFA - PORTUGAL, under the unique registration and identification number of legal person nº 509229875, with a share capital of € 25000, hereinafter referred to as "Picola Speranza".
The Service consists of providing access to the Online Store through the address www.piccolasperanza.com 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 or more (eighteen) years (individuals under the age of consent must be authorized by their representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User's electronic purchases, and can not claim the lack of signature for non-compliance with the obligations assumed.
The Piccola Speranza Online Store is available in two languages, Portuguese and English.
- Product Information and Contents
2.1 Piccola Speranza will do everything possible so that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur.
2.2 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 resolution - see point 9).
2.3 All articles have realistic and reliable photographs. However, in products with artisanal process, there may be small differences.
2.4 If for any error you receive a product that does not correspond to the one purchased at the Piccola Speranza online store, contact the Customer Support Department.
2.5 If the item you want to purchase is out of stock, Piccola Speranza will try to make it available as soon as possible. If there is no possibility of replacing it, the item will be removed from the Piccola Speranza Online Store.
If any product is not available after placing the order, you will be notified by email or telephone. At that time, you will be presented with the possibility to cancel the order with the respective refund, if you have already made the respective payment.
2.6 Piccola Speranza will do everything possible to ship all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by Piccola Speranza, such as human errors or incidents in computer systems, it is not possible to make any of the products available requests by the User.
2.7 All information on prices, products, specifications, promotional actions and services may be changed at any time by Piccola Speranza. Prices may vary from country to country, depending on the part of the world you are in.
2.8 If you are interested in receiving more information about Piccola Speranza subscribe to the newsletter on the Piccola Speranza homepage.
3.1 All products and services sold in the Piccola Speranza Online Store are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however Piccola Speranza 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 their control , in particular, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from downloading through the infected file service or containing viruses or other properties that may affect the User's equipment. If for any reason of error in accessing the website of the Piccola Speranza Online Store, it is impossible to provide the service, Piccola Speranza will not be responsible for any losses.
3.3 The consultations of data and information carried out within the scope of this Service, are presumed to have been carried out by the User, and Piccola Speranza declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Piccola Speranza will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to you as a fraud or serious fault.
3.5 Piccola Speranza is not responsible for the damages or damages resulting from the non-fulfillment or defective performance of the Service when this is not directly or indirectly attributable by way of intent or serious fault, not being responsible in particular for (i) errors, omissions or other inaccuracies relating to information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or (iv) for non-compliance or defective compliance that results the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to Piccola Speranza 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 not controlled by Piccola Speranza that prevent or hinder the fulfillment of the assumed obligations.
3.6. Piccola Speranza does not guarantee that:
- i) The Service is provided uninterruptedly, is safe, without errors or works 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 and risk, who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that 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 Piccola Speranza can in no 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 it has been previously advised by the User about the possibility of the occurrence of such damages), resulting from:
- i) The use or impossibility of using the Service;
- ii) The difficulty of obtaining any substitute for goods / services;
iii) Unauthorized access or modification to personal databases.
- Consumer Obligations
4.1. The user undertakes to:
- i) Provide correct personal data and addresses;
- ii) Do not use false identities;
iii) Respect the order limits imposed.
4.2. If any of the data is incorrect or is insufficient, and for that reason there is a delay or impossibility in order processing, or eventual non-delivery, the responsibility lies with the User, and Piccola Speranza declines any responsibility. In the event that the consumer breaches any of these obligations, Piccola Speranza reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available by Piccola Speranza simultaneously to the same User; and, still, not allow the future access of the User to any or any services provided by Piccola Speranza.
4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purposes of resale of goods.
- Privacy and Protection of Personal Data
5.1. Piccola Speranza guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as mandatory supply are indispensable for the provision of the Service by Piccola Speranza. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service by Piccola Speranza.
5.3. The User's personal data will be processed and stored computerized and are intended to be used by Piccola Speranza within the scope of the contractual and / or commercial relationship with the User.
5.4. 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 provided for in the previous paragraph, and for this purpose, contact the entity responsible for the processing of personal data.
5.5. The Internet is an open network, so the User's personal data, other personal information and all the 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 Piccola Speranza cannot be held responsible for such access and / or use.
- Order cancellation
6.1 At the request of the User
The User can cancel his order by asking Piccola Speranza through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed. After its processing, Piccola Speranza will try to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must indicate the following data to Piccola Speranza:
- a) Order number
- b) TIN with which you placed the order and delivery address
6.2 By decision of Piccola Speranza
Piccola Speranza 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. Piccola Speranza 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 beyond Piccola Speranza.
- Return (Right of withdrawal)
7.1. The User, in the case of being a consumer, can exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the property.
To exercise this right, the User can use the draft indicated below, and must indicate all his identification data, the subscribed service he intends to resolve and the subscription date. The communication must be made, by letter, through the return of the acquired asset, or by another appropriate 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 Piccola Speranza under the proper conditions of use.
Draft for free resolution form (you must complete and return this form only if you want to terminate the contract)
- For :
Rua Professor Mario Padrão, 295
- By this communication / we communicate (*) that I am resolving / we have resolved (*) of my / our (*) purchase and sale contract relating to the following asset / for the provision of the following service (*) - Requested on (*) / received in (*) -
Name of the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (only if this form is notified on paper). (*) Strike out what does not apply.
The packaging must be returned complete, as it has been delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document proving receipt of the product. The packaging and the indicated documents should be sent free of charge to the following address:
Rua Professor Mario Padrão, 295
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
7.2. Upon receipt of the return at Piccola Speranza, the amount corresponding to the amount paid for the order (sales invoice value) will be returned to the User. If you used a promotional discount code, that 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 the respective accounts. In other cases, when IBAN information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. 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 item.
7.4. In the absence of any of the components of the item sold, or if any of them are not in an excellent state of repair, there shall be no refund of the price or shipping costs and the product will be returned to the original shipping address.
7.5 Alternative Resolution of Consumer Disputes
In compliance with Article 18 of Law 144/2105, please be informed that the consumer for alternative dispute resolution should contact our company by e-mail email@example.com, the competent Alternative Dispute Resolution entity. Consumption (RAL) in your area or use the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr
Competent Entities for Alternative Resolution of Consumer Disputes
As this online sales site, the Consumer Conflict Arbitration Center is responsible for the consumer's home.
In the event of a consumer dispute, the consumer may use the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr or the following alternative consumer dispute resolution entities:
1. CNIACC - National Center for Information and Arbitration of Consumer Conflicts
Tel .: (+351) 213 847 484; Email: firstname.lastname@example.org
2. CIMAAL - Center for Information, Mediation and Arbitration of Consumer Conflicts in the Algarve
Tel .: (+351) 289 823 135; E-mail: email@example.com
3. Coimbra District Consumer Conflict Arbitration Center
Tel .: (+351) 239 821 690/289. E-mail: firstname.lastname@example.org
4. Lisbon Consumer Conflict Arbitration Center
Tel .: (+351) 218 807 000/218807030.
E-mail: email@example.com; firstname.lastname@example.org
5. Porto Consumer and Arbitration Information Center
Tel .: (+351) 225 508 349/225 029 791; E-mail: email@example.com
6. Vale do Ave Consumer Conflict Arbitration Center / Arbitral Tribunal
Tel .: (+351) 253 422 410; Email: firstname.lastname@example.org
7. Consumer Information, Mediation and Arbitration Center (Consumer Arbitral Tribunal)
Tel .: (+351) 253 617 604; Email: email@example.com
8. Arbitration Center for Consumer Conflicts in the Autonomous Region of Madeira
Address: Rua Direita, 27 - 1º Andar, 9050-405 Funchal; E-mail: firstname.lastname@example.org
For more information see the Consumer Portal at www.consumidor.pt
- Manufacturing defect
8.1. In case of "defect"
All parts undergo a thorough quality check before being approved for sale. But, if you exceptionally receive a defective part, please contact Piccola Speranza through our Customer Service Department. And after indicating, you must return the item, along with a copy of the invoice, within a maximum period of 30 consecutive days from the invoice date, to the following address:
Rua Professor Mario Padrão, 295
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, labeled product, original packaging and accessories) containing all the components that constitute it, in excellent condition.
8.3. In the absence of any of the elements mentioned above, or if any of the components are not in excellent condition, there will be no exchange, and the product will be returned to the User again.
- Intellectual Property
10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of Maria Alzira Reis de Oliveira.
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 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 authorization of the respective owners.
10.4. 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, commercialization, transmission or placement publicly available such content or any other unauthorized acts which have the same content as their object.
11. Service Security Conditions
11.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good manners, such as the indiscriminate sending of unsolicited communications in violation of the provisions of the legislation applicable to the treatment personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of Piccola Speranza suspend or disable the Service in accordance with point 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to of use by multiple users, and as such, subject to computer overloads, so the Piccola Speranza does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. The Piccola Speranza 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, outside Piccola Speranza and which cannot be controlled by it).
11.4. In case of interruption of provision of the Service due to unforeseeable overload of the systems on which it is based, the Piccola Speranza compromisesto regularize its operation as soon as possible.
- Suspension and deactivation of the Shop Service
12.1. Regardless of any prior or subsequent communication, the Piccola Speranza you may, at any time, and in its sole discretion, discontinue the provision of the Service and or part of the Service to one or all Users.
12.2. The Piccola Speranza further 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 referred to in the General Conditions;
- b) When the Piccola Speranza cease access to the Store, by giving 15 days prior notice of the termination date.
12.3. Suspension or termination of the Service from Piccola Speranza, under the terms of the previous numbers, it does not matter the right of the User or third parties to any indemnity or other compensation, and Piccola Speranza be held responsible or in any way encumbered, for any consequence resulting from the suspension, annulment, cancellation of the Service.
12.4. In the situations described above, Piccola Speranza will inform the User, previously so that he can, if he wishes, safeguard the contents of his order viewing area within 3 (three) working days from the sending of the email or making the information available on the main page of the Service.
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User's email address, by SMS or telephone contact. .
13.2. 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 ordering process.
At any time, you can request not to receive these communications and / or notifications through the Contact Form or through the option of the option “Do not receive the Newsletter” registered in each Newsletter.
14. Communications / Settings
14.1. Whenever Piccola Speranza understand necessary or convenient to optimize the browsing experience and / or improve the connectivity conditions, it can remotely reformulate the network settings.
14.2. Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, Piccola Speranza may change its technical settings whenever it proves convenient to adapt it to any technological developments.
14.3. Piccola Speranza does not, however, guarantee the User to carry out any upgrades or improvements in the Service.
14.4. Some upgrades or new features of the Service may be available only against payment by the User and / or subscription, by the same, of Specific Conditions of use.
15.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to the da Piccola Speranza of 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 recorded in the information systems of Piccola Speranza who must decide the complaint and notify the interested party within a maximum period of 30 (thirty ) days from the date of receipt.
- Applicable law
This contract is governed by Portuguese law.