Section I –General Conditions of the Memoraball site
1 – Introduction
The present document provides the information regarding distance contracts at webpage www.memoraball.com(hereinafter the Memoraball site), referred to in Decreto-Lei 24/2014, of February 14th, in its current version, whether within the sales of goods without creating an account, or within Memoraball account. The Memoraball site is registered by an entity hired by Infofield - Informática, S.A., with registered office at Lugar do Espido - Via Norte, Maia City, fiscal number 503 930 253, which is also its commercial registry number at Maia´s Commercial Registry Office, hereinafter shortly referred to as the Memoraball. Memoraball provides a Customer Service, through which the Client may, at any time, contact Memoraball to ask for clarification, make suggestions or present complaints, through the email email@example.com. The purchase of any product at the Memoraball site and the creation of an account implies the acceptance of the present Conditions of Use of the Online Account.
2 – Memoraball site Conditions of Use
3 – Changes of the Memoraball site and of these Conditions of Use
Memoraball reserves the right to change, at any time, without previous warning, the presentation and content of the Memoraball site, its services and the present Conditions of Use, without prejudice to the acquired rights regarding the contracts already executed and in course. Such changes are meant for improvement of the Memoraball site. In case of the User not agreeing with the introduced modifications, it may cease the use of the Memoraball site.
4 – Intellectual Property
All content and information set out in the Memoraball site, are property of Memoraball or were licensed to it and, as such, the use, reproduction, copy and disclosure by other means of logos, texts, images and videos, or other intellectual property, available at this site is subject to previous authorisation from Memoraball granting such consent. The Client must comply with the contractual and legal conditions applicable to the products sold at the Memoraball site, namely regarding the use of intellectual rights, copyright and related rights, personal use rights regarding copies, reproduction, rentals, etc. Memoraball will not be liable in case of any eventual misuse done with those Products.
5 – Information regarding the Products and Prices
5.1 Products’ Information
Memoraball takes in consideration the information regarding the products’ essential characteristics through technical descriptions shared by its suppliers or third parties, of pictures and videos that illustrate the marketed products, in strict respect for the best market standards, communicating them clearly to its customers in the page of each product and/or service made available.
5.2 Prices Information
Memoraball provides at the Memoraball site, in a transparent matter, the total price of each product, including fees and taxes, transportation supplementary costs, postal or delivery expenses or any other applicable charges. Memoraball will not be liable in case of computer errors, manual, technical, or any other source, that causes a substantial unforeseen change in the retail selling prices that are provided in the Memoraball site. Therefore, in cases where the retail selling price is overpriced or manifestly small, the order will be considered invalid and cancelled and the Client will be informed of that fact.
6 – Creating an account at the Memoraball site
In order to access all the advantages of the online account, as well as to place an order, you may create an account as user at the Memoraball site by filling out the electronic form with your personal data, following the instructions indicated in each step. The Memoraball site also allows the purchase of products as “guest user”. In this case, your personal data will be required only for the purposes of processing the order
7 – Means of payment
For the Client’s convenience, Memoraball makes available at the Memoraball site the following means of payment of the products and/or services: · Visa Card, MasterCard or American Express; · ATM; · Paypal; · MB Way.
Section II – Memoraball Purchase Conditions at the Memoraball site
1 – Products Availability
All products displayed at the Memoraball site are available for order, except in case of out-of-stock situations. The products available at the Memoraball site have a limited stock so they may become unavailable without warning. In case of a product becoming out-of-stock after the payment of the order, Memoraball will inform the Client of that fact in order to reschedule the delivery as soon as the product becomes available or to reimburse him/her within 14 (fourteen) days as of the knowledge of such unavailability.
2 – Delivery Costs
No additional charges will be due for shipping the product purchased at the Memoraball site.
3 – Fees and Taxes
The retail selling prices indicated at the Memoraball site are presented in euros. VAT and other taxes or fees, eventually due, are included in every price.
4 - Errors
As provided in point 5.2 of Section I, it is exempted eventual programming errors, defects in the functioning of the computer system (machine) or message distortion (including writing errors), as set forth and for the purposes of article 33/2, a) and b) of Decreto-Lei 7/2004, of January 7th.
5 – Guarantee
The products sold by Memoraball at Memoraball site are covered by the Sale of Consumer Goods and Associated Guarantees Law (Regime Jurídico da Venda e Garantia dos Bens de Consumo) approved by Decreto-Lei 67/2003, of April 8th, in its current version. You may exercise your rights by sending the complete product, without signs of misuse, together with the respective purchase invoice to Avenida do Forte, n. 3, Parque Suécia II, 2790-073 Carnaxide or by contacting the Customer Service through the email firstname.lastname@example.org
6 – Right of Withdrawal
Within a distance sales contract (online contract), the consumer has a period of 14 days from the day in which he/she acquires physical possession of the goods or from the day on which he/she acquires physical possession of the last good, in the case of multiple goods ordered by the consumer in one order and delivered separately, to withdrawal from the contract, without incurring in any costs other than those provided for in the present clause and without giving any reason, in accordance with the set forth in article 10/1 of DL 24/2014, of February 14th, in its current version. To exercise this right, the Client must declare unequivocally that it intends to withdrawal from the contract and shall return the complete product, in the same condition in which it was sold, without signs of misuse, in the original package and in good condition and, where applicable, accompanied of all accessories that are part of the product. In case of the Client buying several products in a commercial campaign with one or several products as an offer within the order, namely “two for the price of one” or “three for the price of two”, the right to withdrawal must be exercised in relation to all ordered goods. In these cases, Memoraball will not accept any partial return of the order
6.1 Statement of Withdrawal In case the consumer decides so, it may exercise its right of withdrawal by filling and sending, electronically, the model withdrawal form as set out in annex to Decreto-Lei 24/2014, of February 14thor through any other unequivocal statement setting out his/her decision to withdraw from the contract.
6.2 Return of the Product The Client shall return the product within 14 days after the day on which he/she has communicated his/her decision to withdraw from the contract as provided in the Right to Withdrawal, sending the product to Wadlab: Avenida do Forte, n. 3, Parque Suécia, II 2790-073 Carnaxide, presenting the product in the herein above mentioned state as well as the invoice. The return costs are borne by the Client.
6.3. Reimbursement After exercising the Right to Withdrawal from the Contract, the reimbursement of the amount paid by the Client, including, where applicable, the costs that the Client has paid for the delivery of the good, will be made through the same means of payment used in the initial purchase, without any costs for the consumer, after verifying and validating the compliance of the return conditions described in point 7, and Memoraball has a 14 days period to do so. Memoraball may withhold the reimbursement until it has received the good or until the Client has presented proof of returning the product.
7 – Liability
Memoraball is not liable for any damages caused by computer viruses or by internet provision, information given by the suppliers or any other unrelated situations and that prevent access and correct performance of the domain www.memoraball.com as well as any of the services made available by the same.
Section III –Applicable Law and Alternative Dispute Resolution
1 – Applicable Law
The present Conditions of Use and any contracts that may be executed in accordance with it shall be subject to Portuguese Law.
2 – Alternative Dispute Resolution
In case of national or cross-border disputes, initiated by a consumer against a supplier of goods or provider of services regarding the contractual obligations arising from sale or services contracts, executed between the supplier stablished and the consumers living in Portugal and the European Union, the consumer may use a Consumer Dispute Settlement Body. Memoraball is subject to necessary arbitration or mediation, within consumer disputes of lower economic value (up to 5.000€) when, by express option of the consumers, are submitted to the appreciation of the arbitration court connected to the legally authorised consumer dispute settlement centers. Currently there are the following Consumer Dispute Settlement Bodies in Portugal: National Information andConsumer Disputes Arbitration Center (Centro Nacional de Informação e Arbitragem de Conflitos de Consumo - CNIACC) Coimbra Consumer Disputes Arbitration Center (Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra - CACCDC) Lisboa Consumer Disputes Arbitration Center (Centro de Arbitragem de Conflitos de Consumo de Lisboa - CACCL) Universidade Autónoma de Lisboa Arbitration Center (Centro de Arbitragem da Universidade Autónoma de Lisboa - CAUAL) Região Autónoma da Madeira Consumer Disputes Arbitration Center (Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira - CACC RAM) Porto Information and Arbitration Center (Centro de Informação e Arbitragem do Porto - CICAP) Vale do Ave Information and Arbitration Center (Centro de Informação e Arbitragem do Vale do Ave - TRIAVE) Vale do Cávado Information and Arbitration Center (Centro de Informação e Arbitragem do Vale do Cávado - CIAB) Algarve Information, Mediation and Arbitration Center (Centro de Informação, Mediação e Arbitragem do Algarve - CIMAAL). In case of online national or cross-border consumer disputes, the consumer may refer to the European Consumer Center through Platform ODR (“online dispute resolution”), with competence for resolving disputes related with the contractual obligations arising out of online sales or services contracts. Access here to the Online Alternative Dispute Resolution Platform within online national or cross-border sales or services contracts. For Claims and Complaints regarding the purchases made to Memoraball, you may contact the same through the following email www.memoraball.com For more information go to the site of Direção-Geral do Consumidor: www.consumidor.pt.