Terms and conditions
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 therein, to regulate the terms and conditions by which the Kambami Association Service Provision, headquartered at Rua Sousa lopes, 10B, 1600, will be governed -207 Lisbon.
The Service consists of providing, through the address www.kambami.com , access to the Online Store, which, in addition to providing information on a set of items and/or services, allows the User, electronically, to order the items disclosed therein. , under the terms and conditions described herein.
The order of items must be made by Users aged 18 (eighteen) years or older (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
PRODUCT INFORMATION AND CONTENTS
The Kambami Association will do everything possible so that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur.
The Kambami Association will do everything possible to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for the Kambami Association to control, such as human errors or incidents in the computer systems, it will not be possible to provide some of the ordered products. by the User. If any product is not available after placing the order, you will be notified by email or telephone. At that moment, you will be presented with all the possibilities, including the cancellation of the order with the respective refund, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by Associação Kambami.
RESPONSIBILITIES
All products and services sold on the Associação Kambami Online Store are in accordance with Portuguese law.
The Store has adequate levels of security, however Associação Kambami will not be responsible for any damage suffered by the User and/or by third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or faults caused by the communications network or communications services provided by third parties, by the computer system, by the modems, by the connection software or possible computer viruses or resulting from the download (“download”) through the service of infected files 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 Associação Kambami Online Store, it is impossible to provide the service, Associação Kambami will not be responsible for any damages.
Data and information queries carried out within the scope of this Service are presumed to be carried out by the User, and Associação Kambami declines any responsibility arising from the abusive or fraudulent use of the information obtained.
Associação Kambami will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to it by way of fraud or gross negligence.
The Kambami Association is not responsible for losses or damages resulting from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it by way of fraud or serious negligence, not being responsible in particular for:
- Errors, omissions or other inaccuracies relating to information made available through the Service;
- Damage caused by the fault of the User or third parties, including violations of intellectual property,
- For non-compliance or defective compliance resulting from compliance with judicial decisions or administrative authorities or
- For non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside the Kambami Association 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 beyond the control of the Kambami Association that prevent or jeopardize the fulfillment of the assumed obligations.
The Kambami Association does not guarantee that:
- The Service is provided uninterrupted, is secure, error-free, or runs infinitely;
- The quality of any product, service, information or any other material purchased or obtained through the Service meets any expectations of the User in relation to it;
- Any material obtained in any way through the use of the Service is used at the User's own risk and expense, who is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that operation;
- 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.
The User accepts that the Kambami Association cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, contents, or any other losses (even if previously advised by the User about the possibility of the occurrence of such damage), resulting from:
- The use or impossibility of using the Service;
- Difficulty in obtaining any substitute for goods/services;
- Unauthorized access or modification of personal databases.
CONSUMER OBLIGATIONS
The user undertakes to:
- Provide personal data and correct addresses;
- Do not use false identities;
- Respect the imposed order limits.
If any of the data is incorrect, that is, insufficient, and for that reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and the Kambami Association declines any responsibility. In case the consumer violates any of these obligations, Associação Kambami reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by Associação Kambami to the same User; and, furthermore, not allowing the User to access any of the services provided by Associação Kambami in the future.
The use of images, products and services purchased for commercial purposes is expressly prohibited, namely for the purpose of reselling goods.
PRIVACY AND PROTECTION OF PERSONAL DATA
Associação Kambami guarantees the confidentiality of all data provided by Users.
The personal data identified in the order form as being mandatory is essential for the provision of the Service by the Kambami Association . The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to the refusal of the Service to be provided by the Kambami Association.
The User's personal data will be processed and stored by computer and are intended to be used by the Kambami Association within the scope of the contractual and/or commercial relationship with the User.
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 set out in previous paragraph, and for this purpose contact the Kambami Association.
The Internet is an open network, whereby 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 the Kambami Association cannot be held responsible for such access and/or use.
CANCELLATION OF ORDERS
AT USER'S REQUEST
The User may cancel his order by requesting it to the Kambami Association via the telephone number or e-mail referring to the order number, which will be accepted as long as it has not yet been processed. After processing, Kambami Association will try to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must provide the following data to the Kambami Association:
- Order number;
- Name, NIF with which you placed the order and delivery address.
BY DECISION OF THE KAMBAMI ASSOCIATION
Associação Kambami reserves the right not to process orders, when it verifies any inconsistency in the personal data presented or observes misconduct on the part of the buyer. Associação Kambami reserves the right not to process any order or reimbursement, in the event that errors are found in the values and/or characteristics of the products, when these result from technical problems or errors beyond the control of Associação Kambami.
RETURN (RIGHT OF RESOLUTION)
The User, if he is a consumer, may exercise his right of withdrawal without being required to pay any compensation, within a period of 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.
In order to exercise this right, communication must be made, by letter, through the return of the purchased good, or by another suitable means that can be proved within the period defined above.
The consumer must, within a period of 14 (fourteen) days from the date of communication of the resolution, return the goods to the Kambami Association in the proper conditions of use.
The package must be returned complete, as it was delivered and accompanied by all the documentation received, namely the following documents: sales invoice and the document proving receipt of the product. The package and documents indicated must be sent to the following address:
Kambami Association
Rua Sousa Lopes, 10B, 1600-207 Lisboa
If the User opts for other forms of return, the respective shipping costs will be their responsibility.
Upon receipt of the return at the Kambami Association, the User will be refunded the amount corresponding to the amount paid for the order (invoice amount). 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.
The refund method for the amount to be returned depends on the payment method used in the respective order. In the case of payments with PayPal and MB WAY, these will be credited to the respective accounts. In other cases, when IBAN information is provided, the refund is made to the indicated bank account. The refund is made up to 14 (fourteen) days after receipt of the will of free resolution and receipt of the return of the good.
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 initial shipping address.
SERVICE SECURITY CONDITIONS
The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation. applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of the Kambami Association suspending or deactivating the Service.
The User expressly recognizes and accepts that the IP Network constitutes a public electronic communications network that can be used by several users, and as such, subject to computer overloads, so that Associação Kambami does not guarantee the provision of the Service without interruptions, loss of information or delays.
The Kambami Association 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 unforeseeable nature, external to the Kambami Association and which cannot be controlled by the same).
In the event of an interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, Associação Kambami undertakes to regularize its operation as soon as possible.
SUSPENSION AND DEACTIVATION OF THE STORE SERVICE
Regardless of any prior or subsequent communication, Associação Kambami may, at any time, and in its sole discretion, discontinue providing the Service and/or part of the Service to one or all Users.
Associação Kambami also reserves the right to immediately suspend or terminate access to the Service in the following cases:
- When the User does not observe the conditions of use referred to in the General Conditions;
- When the Kambami Association ceases access to the Store, upon prior notice 15 (fifteen) days prior to the date of cessation.
The suspension or termination of the Service by the Kambami Association , under the terms of the previous paragraphs, does not matter the right of the User or third parties to any indemnity or other compensation, and the Kambami Association cannot be held responsible or in any way encumbered, for any consequence resulting from the suspension, annulment, cancellation of the Service.
COMMUNICATIONS
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 .
The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact telephone number and/or email address (“e-mail”) indicated in the ordering process.
At any time, you can request not to receive these communications and/or notifications by email: geral@kambami.com.
TECHNICAL SETTINGS
Without prejudice to the provisions of the following number, Associação Kambami 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. .
The version currently in force of these General Conditions and their annexes is available on the website: kambami.com/termos-e-condicoes
COMMUNICATIONS
Whenever the Kambami Association deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.
Without prejudice to the provisions of the following numbers, and bearing in mind the innovative nature of the Service and the technological evolutions to which it may be subject, Associação Kambami may change its technical configurations whenever this proves to be convenient to adapt it to eventual technological developments.
The Kambami Association does not guarantee, however, that the User will carry out any upgrades or improvements to the Service.
Some upgrades or new features of the Service may only be available upon payment by the User and/or subscription, by the same, of Specific Conditions of Use.
CLAIMS
The User may submit any contractual conflicts, to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to the Kambami Association of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
The complaint must be presented within a maximum period of 30 (thirty) days, counted from the User's knowledge of the facts, being registered in the information systems of the Kambami Association, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days. ) days from the date of receipt.
APPLICABLE LAW
The Contract is governed by Portuguese law.