Terms & Conditions
Terms & Conditions of the online store of Algarve Golden Properties
1) Scope and aim of the General Terms of Algarve Golden Properties
The current General Terms are destined to regulate our order form and other elements, and terms & conditions that govern the provision of services of the online store do Algarve Golden Properties, operated by Tower Of Time Unipessoal Lda, with head office in Rua Tenente Sanches Miranda n.º19, 7800-072 Beja, under the single registration and Legal Person Identification Number 514097264, with the social capital of €50, henceforth designated “Algarve Golden Properties”.
The Service consists in the provision, through the address www.algarvegoldenproperties.com that accesses the Online Store which, beyond providing the information regarding a set of products and/or services, electronically allows the User to order products there available in the terms & conditions here described.
The order of products must be made by Users that are 18 (eighteen) years old, or older (individuals that are under-age must have authorization from their representatives).
The elements and information that the User may transmit will be under full juridical protection, acknowledging the electronic acquisitions that the User makes, who will be unable to allege the lack of signature in the case of not complying with the necessary obligations.
2) Product and Content Information
ALGARVE GOLDEN PROPERTIES will take every step so that any presented information is absent of typographical errors, and rapidly correcting them every time they occur. In case you have acquired a product that has different features than the ones that were presented online, you have the right to void and null the contract of acquisition in the applicable legal terms (right to free termination – see point 9). Algarve Golden Properties will do everything in its power to send every ordered product, but it’s possible that in particular cases and due to unforeseen circumstances and outside of Algarve Golden Properties control, such as human error or computer failures, it isn’t possible to provide some of the User requests products, a telephonic or e-mail warning will be issued. At that moment, the possibility to annul the order and obtain the respective refund, in the case of a previously made payment, will be made available. Every information about pricing, products, specifications, promotional events and services may be altered at any given moment by Algarve Golden Properties.
3.1 – Every product and service for sale on Algarve Golden Properties Online Store is in accordance with Portuguese Law.
3.2 – The Store possesses adequate safety measures, however, Algarve Golden Properties will not be liable for any losses suffered by the User and/or any third-party by the virtue of delays, interruptions, error and communication suspensions that have any origin in factors beyond our control, namely any deficiencies or failures provoked by communications networks or services provided by third-parties, by the computer system, modems, connection software or the eventual virus or problems cause by the download of infected files or containing viruses or other properties that may affect the equipment of the User. If there’s the impossibility to provide a Service due to an error accessing the website of the Online Store of Algarve Golden Properties, Algarve Golden Properties will not be liable for any losses.
3.3 – The consultation of data and information made during the scope of this Service are assumed to be made by the User, declining Algarve Golden Properties any liability from abusive or fraudulent use of any obtained information.
3.4 – ALGARVE GOLDEN PROPERTIES will not be liable for any losses or damages caused by the abuse of the Service that isn’t directly incurred as the result of intentional misconduct or serious fault.
3.5 – ALGARVE GOLDEN PROPERTIES is not liable for losses or damages that may result from the noncompliance or faulty behaviour of the Service when it isn’t directly incurred as the result of intentional misconduct or serious fault, not liable for specifically (I) errors, omissions or other imprecisions relative to the available information provided by the Service; (II) losses cause due to the User or third-parties, including intellectual property violations; (III) for any noncompliance or faulty fulfillment that results from upholding judicial decisions or administrative authorities or (IV) due to the noncompliance or faulty fulfillment that result from situations of force majeure, meaning situations derived from extraordinary and unforeseeable circumstances, outside of the control of Algarve Golden Properties, such as fires, blackout, explosions, wars, riots, civil insurgencies, governmental decisions, strikes, earthquakes, floods or other natural disasters or situations that Algarve Golden Properties cannot control and unable or hampers it from fulfilling its obligations.
3.6 – ALGARVE GOLDEN PROPERTIES does not guarantee that:
- The Service is provided uninterruptedly, is secure, error-free or functions infinitely;
- The quality of any product, service, information or any purchased material or obtained through the Service meets any User expectation regarding it;
- Any material obtained in any way through the Service is used by the User at his/her own risk, meaning that he/she will be solely responsible for any damage caused on the system and computer equipment or any loss of data that result from the procedure.
- No written or oral advice or information obtained by the User from the Service will serve as any kind of guarantee that isn’t expressly stated in these General Terms.
3.7 – The User accepts that Algarve Golden Properties cannot, in any way, be held liable for any loss, including but not limited to, damages by loss of profits, data, content, or any other losses (even though the User may have been previously warned about the possibility of the occurrence of these losses) that may result from:
- The use or inability of the use of the Service;
- Difficulty in obtaining any replacement of goods/services;
- Unauthorized access or modification of personal databases.
4) Consumer Obligations
4.1 – The User commits to:
- Provide correct personal data and addresses;
- Not to use fake identities;
- Respect the limits of tax orders.
4.2. – In case the data is incorrect or insufficient and, for that reason, there’s a delay or impossibility to process the order or inability to deliver, the responsibility will lie with the User, meaning that Algarve Golden Properties will decline any responsibility. In case the consumer violates any of these obligations, Algarve Golden Properties reserves the right to eliminate any future purchases, block the access to the store, cancel the supply of any provided services made available to the same User; Furthermore, not allowing future access of the User to any service that Algarve Golden Properties has available.
4.3. – It is expressly forbidden the use of acquired services and products for commercial purposes, namely the resale of goods.
5) Privacy and Personal Data Protection
5.1. – ALGARVE GOLDEN PROPERTIES guarantees the confidentiality of all the data that the User provides.
5.2. – The personal data identified in the order form as being obligatory is indispensable to the provision of Service by Algarve Golden Properties. The burden of responsibility will rest entirely on the User regarding the data provided, and any omission or inaccuracy may be grounds for Algarve Golden Properties to refuse provision of Service.
5.3. – The personal data provided by the User will the digitally stored and processed, and destined for use by Algarve Golden Properties within the scope of the business and/or contract relation with the User and, with due permission from the User, to promote our service and products, to send informative and promotional content, to assure the compliance of our Terms of Service and applicable laws, to meet legal requirements, such as compliance with court orders, information requests, formal summons or other appropriate legal mechanisms to provide information to our representatives and advisors, such as lawyers and accountants, to helps us fulfill safety and legal requirements and to litigate and defend judicial or arbitral proceedings.
5.4. – Under the terms of applicable legislation, we assure the User, without any additional charge, the right to access, rectify and update all the personal data we possess, directly or upon written request, as well as the right to oppose the use of the same for the intended purposes stated in point 5.3. To that effect, the User should contact the entity responsible for the treatment of personal data: Tower Of Time Unipessoal, Lda.
5.5. – The Internet is an open network, which means that the personal data of the User, other personal information and every content stored in the Service may circulate the web without any security conditions risking the chance of them being accessed and used by unauthorized third-parties, for that effect Algarve Golden Properties cannot be held liable for that access and/or use.
6) Canceling orders
6.1. – At the request of the User
The User may cancel any order by contacting Algarve Golden Properties through telephone or e-mail and mentioning the order number. It will be canceled as long as it hasn’t been processed. After being processed, Algarve Golden Properties will try to deliver the order, but the User has the option of not accepting it. If the User intends to cancel an order, the following information must be given to Algarve Golden Properties:
- Order number;
- Tax Identification Number that was used for the order and delivery address.
6.2. – By decision of Algarve Golden Properties
ALGARVE GOLDEN PROPERTIES reserves the right to not process the order when it verifies any inconsistency in the personal data presented or detects any misconduct from the buyer. Algarve Golden Properties reserves the right not to process any delivery or refund if any mistake regarding values and/or features of the product when these occur from technical issues or errors unrelated to Algarve Golden Properties.
7) Return policy (Withdrawal Right)
7.1. – The User, as a consumer, can exercise the withdrawal right without being asked for any compensation as long as that right is enforced within the first 14 (fourteen) days counting from the day that the User has physical ownership of the asset. To exercise this right, the User should send an e-mail to firstname.lastname@example.org within the referred time-period mention the decision of settling the contract, upon which Algarve Golden Properties will proceed to reply with confirmation of the settlement.
The consumer should, within the first 14 (fourteen) days counting from the date that withdrawal right was communicated, to return the assets to Algarve Golden Properties in due conditions of use.
The packaging must be returned in its entirety, exactly like it was delivered and accompanied by the received paperwork, specifically the following documents: sales invoice and document proving the delivery of the product. The packaging and mentioned documents should be sent, free of charge, to the following address: Algarve Golden Properties A/C Helena Raimundo, Rua da Pedra, Urb. Alto das Palmeiras, lote 8 5A, 8500 Portimão. If the User decides to use other avenues to return the products, the respective shipping costs will be of the Users entire responsibility.
7.2. – After Algarve Golden Properties receives the returned item, the User will be refunded of the corresponding value paid by the order (value of the sales invoice). If there was any promotional coupon used, that value will not be refunded, meaning that the refund will only be made in accordance with the value that was paid.
7.3. – How the refund will proceed will depend on the method of payment used at the time of the order. In cases where the payment was made with credit card or PayPal, the value will be credited in the respective account. In remaining cases, when an IBAN is provided, the refund will be made to the stated bank account. Otherwise, the refund will be done by cheque to the invoice address. The refund will be done within the first 14 days after the right of withdrawal is exercised and the item is returned successfully.
7.4. – If there is any component missing from the sold item or if it isn’t in an excellent state of conservation, no refund will be made and the product will be sent back to the original shipping address.
8) Manufacturing Defect
8.1. – In the eventuality of a “manufacturing defect”, in other words, when anomalies are detected in products and are not covered by the warranty, the User should return the products, along with a copy of the invoice and the form “Exchange Request / Product Return” correctly filled, within a deadline of 30 consecutive days counting from the invoice date to the following address: Algarve Golden Properties A/C Helena Raimundo, Rua da Pedra, Urb. Alto das Palmeiras, Lote 8 5A, 8500 Portimão. If the User decides to use other avenues to return the products, the respective shipping costs will be of the Users entire responsibility.
8.2. – In order to successfully complete the exchange of the product, it must be assured that the packaging is complete (box, instruction manual, warranty certificate, terminal, and accessories) containing every component in an excellent state of conservation.
8.3. – Lacking any previously referred element, or if any component isn’t in an excellent state of conservation, there won’t be any exchange made and the product will be sent back to the User.
9.1. – Every product available on the store is dully certified by competent authorities.
9.2. – Every product possesses a warranty period established by the manufacturer. This period is considered from the moment of the sales invoice sate and may only be exercised by presenting the warranty certificate duly completed and/or the sales invoice.
9.3. – It’s considered to be out of warranty the products that have surpassed the time period defined by the manufacturer or present defects caused by abnormal wear, impropriate use, negligence or accidents, storms, misuse.
9.4. – The accessories that fall under warranty and malfunction should be sent, with the respective sales invoice and/or warranty certificate, to the following address: Algarve Golden Properties A/C Helena Raimundo, Rua da Pedra, Urb. Alto das Palmeiras, Lote 8 5A, 8500 Portimão. If the User decides to use other avenues to return the products, the respective shipping costs will be of the Users entire responsibility. The User should always request from the Postal Service a certificate guaranteeing the shipment of the item.
10) Intellectual Property
10.1. – ALGARVE GOLDEN PROPERTIES is a registered website and the provided Service is of the responsibility of Tower Of Time Unipessoal, Lda.
10.2. – The User acknowledges that the Service may contain confidential information and is governed and protected by copyright and neighbouring rights, industrial property and other applicable legislation.
10.3. – The User acknowledges that any content that is advertised, highlighted, promoted or mentioned by any sponsor or advertiser is governed and protected by copyright and neighbouring rights by laws relative to industrial property and other protection laws so that any use of these contents must require explicit permission from the respective owners.
10.4. – The User compromises to fully respect the rights of the point 10.3, namely from abstaining any practice that may break the law or mentioned rights, such as reproduction, commercialization, transmitting or making publicly available those contents or any non-authorized actions that focus on those contents.
11) Safety Conditions of the Service
11.1. – The User commits to meet all applicable legal provisions, namely not practising or facilitating the practice of illicit acts or public decency transgressions, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the applicable legislation regarding personal data treatment and the commercial communications through automatic calling machines. The User should also observe the rules of use of the Service, under the penalty of Algarve Golden Properties suspending or deactivating the Service under the terms stated on the point 14.
11.2. – The User explicitly recognizes and accepts that the IP Network constitutes a public communications network that is susceptible to be used by several users and consequently may be subjected to computer failures, meaning that Algarve Golden Properties does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. – ALGARVE GOLDEN PROPERTIES does not guarantee that the computer systems that provide the Service will function in situations where there is an occurrence of unpredicted system overload or other force majeure situations (those of extraordinary or unpredictable nature, and outside of Algarve Golden Properties control).
11.4. – In the eventuality of the systems that support the provision of Service suffer an unpredictable system overload, interrupting it, Algarve Golden Properties commits to restoring it as soon as possible.
12) Suspending and deactivating the Store Service
12.1. – Independently of any previous or future communication, Algarve Golden Properties can, at any time, and in accordance with its exclusive criteria, the right to discontinue the offering of the Service or parts of the Service to one or all Users.
12.2. – ALGARVE GOLDEN PROPERTIES reserves the right to suspend or immediately terminate access to the Service in the following events:
a) When the User doesn’t follow the conditions of use mentioned on point 4 and other points of the General Terms;
b) When Algarve Golden Properties terminates access to the Store after a period of 15 days prior to communicating the termination date.
12.3. – Suspension or termination of the Service by Algarve Golden Properties, in accordance with the foregoing points, will not grant the User or third-parties any compensation or indemnity. Algarve Golden Properties cannot be held liable or burdened in any fashion by any consequence that results from the suspension, termination or cancellation of the Service.
12.4. – In the previously stated situations, Algarve Golden Properties will give prior notification to the User so that there may be the opportunity, should the User choose, to safeguard the contents of the order display area within a 3 (three) working day period, counting from the day the e-mail was sent or the information became available on the main page of the Service.
13.1. – Without prejudice to other forms of communication covered in the stated General Terms, the notifications made to the User that is related to the Service, including potential changes to the stated General Terms, may be sent to the User by e-mail, SMS or a telephone call.
13.2. – The User agrees to receive any communication and/or notification involving the Online Store to the address, telephone contact and/or e-mail address stated on the order form. At any moment, the User may request to opt-out of receiving these communications and/or notifications through the Contact Form or the option “Unsubscribe from the Newsletter” that is available in every Newsletter.
14) Technical Configurations
14.1. – Without prejudice of the previous point, Algarve Golden Properties may alter the Service and/or the technical conditions of providing it, as well as the respective rules of us, and warning the User of such changes with a minimum notice of 15 (fifteen) days.
14.2. – The version in force at any given moment of the current General Terms and their attachments are available in the website WWW.ALGARVEGOLDENPROPERTIES.COM
15.1. – Every time that Algarve Golden Properties deems necessary or convenient to optimize the browsing experience and/or improve the connectivity conditions, the referred can remotely reconfigure the network.
15.2. – Without prejudice of the previous points and considering the innovative nature of the Service and technological evolution that may affect it, Algarve Golden Properties may alter the technical configurations of the Service every time that it’s deemed convenient to adapt it to any technological developments.
15.3. – Despite the previous point, Algarve Golden Properties does not guarantee the User any upgrades or improvements regarding the Service.
15.4. – Any upgrades or new features of the Service may be made available only upon payment and/or subscription of the User, based on the current Specific Conditions of use.
16.1. – The User may submit any contractual conflicts to mediation and arbitration mechanisms that are or may become legally established, as well as issue a complaint with Algarve Golden Properties of acts and omissions that infringe the applicable legal provisions regarding the acquisition of goods.
16.2. – The complaint should be forwarded within a 30 (thirty) day period, counting from the moment the User is aware of the facts and register it in the information services of Algarve Golden Properties, which will then decide how to act and notify the concerned within a 30 (thirty) day period, counting from the moment the complaint is received.
17) Applicable Law
The Portuguese legislation will be upheld regarding any divergence that occurs in the contractual relations between the Parties. Any matter or dispute arising from the enforcement, interpretation, integration or execution of the current Contract will be submitted to the Portuguese courts when no agreement between concerned parties can be reached. The consumer can consult any information regarding their rights with the appropriate entities in www.consumidor.pt
The Customer declares to fully and completely accept the current terms & conditions without any reserves or limitations.
Last update: February 2019