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These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions governing the provision of the ANIMATEK Online Store Service, belonging to the Company Omnivida Unipessoal LDA., with Headquarters at Avenida Engenheiro Arantes Nº 3 R/C, in Lisbon - Portugal, under the unique registration and legal person identification number PT517624346, with share capital of 5000..
The Service consists of providing, through animatek.pt, access to the Online Store which, in addition to providing information relating to a set of products and/or services, allows the User, electronically, to order the products advertised therein, under the terms and conditions described here.
The order of products must be made by Users aged 18 (eighteen) years or over (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, with the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.
2.Product and Content Information
ANIMATEK de Omnivida Unipessoal LDA. will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever these occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract within 14 working days under the applicable legal terms (right to free resolution - see point 9).
ANIMATEK de Omnivida Unipessoal LDA., 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 ANIMATEK to control, such as human errors or incidents in computer systems, it will not be possible to make available any of the products ordered by the User. If a product is not available after placing the order, you will be notified by email or telephone. At that moment you will be presented with the possibility of canceling the order with a corresponding 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 ANIMATEK de Omnivida Unipessoal LDA.
3.Responsibilities
3.1 All products and services sold in the ANIMATEK Online Store are in accordance with Portuguese Law.
3.2 The Store has adequate security levels, however ANIMATEK de Omnivida Unipessoal LDA., 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 its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or possible computer viruses or resulting from downloading through the service of infected files or containing viruses or other properties that may affect the User's equipment. If for any reason due to an error in accessing the ANIMATEK Online Store website it is impossible to provide the service, ANIMATEK de Omnivida Unipessoal LDA will not be responsible for any losses.s.
3.3 Data and information consultations carried out within the scope of this Service are presumed to have been carried out by the User, and ANIMATEK de Omnivida Unipessoal LDA declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 ANIMATEK de Omnivida Unipessoal LDA will not be responsible for any losses or damages caused by abusive use of the Service that are not directly attributable to it as an act of intent or gross negligence.
3.5 ANIMATEK de Omnivida Unipessoal LDA is not responsible for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as an act of intent or gross negligence, and is not responsible in particular for (1) errors, omissions or other inaccuracies relating to information made available through the Service; (2) damages caused by the fault of the User or third parties, including violations of intellectual property, (3) by non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or (4) by non-compliance or defective performance resulting the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside ANIMATEK de Omnivida Unipessoal LDA and which 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 controllable by ANIMATEK de Omnivida Unipessoal LDA that prevent or harm the fulfillment of the obligations assumed.
3.6. ANIMATEK does not guarantee that:
3.7. The User accepts that ANIMATEK de Omnivida Unipessoal LDA cannot in any way be held responsible for any damage, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously notified by User about the possibility of such damages occurring), resulting from:
4.1. The user undertakes to:
4.2. If any of the data is incorrect, that is, insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility lies with the User, and ANIMATEK de Omnivida Unipessoal LDA declines any responsibility. If the consumer violates any of these obligations, ANIMATEK de Omnivida Unipessoal LDA reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by ANIMATEK to the same User; and, furthermore, not allow the User future access to any or all services provided by Omnivida Unipessoal LDA.
5.Privacy and Protection of Personal Data
5.1. ANIMATEK guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as being mandatory to provide are essential for the provision of the Service by ANIMATEK. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in ANIMATEK refusing to provide the Service.
5.3. The User's personal data will be processed and stored electronically and are intended to be used by ANIMATEK within the scope of the contractual and/or commercial relationship with the User.
5.4. In accordance with 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 object to their use for the purposes set out in the previous number, and for this purpose you must contact the entity responsible for processing personal data: ANIMATEK de Omnivida Unipessoal LDA.
5.5. The Internet is an open network, so 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 ANIMATEK de Omnivida Unipessoal LDA cannot be held responsible for this access and/or use.
6.Order cancellation
6.1 At the User's request
The User may cancel their order by requesting it from ANIMATEK via telephone number or email referring to the order number, which will be accepted as long as it has not yet been processed. After processing, ANIMATEK will attempt 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 ANIMATEK:
6.2 By decision of ANIMATEK de Omnivida Unipessoal LDA
ANIMATEK 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. ANIMATEK 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 the control of ANIMATEK de Omnivida Unipessoal LDA.
7. Return (Right of Resolution)
7.1. The User, if he or she is a consumer, may exercise the right of withdrawal without any compensation being required, within a period of 14 (fourteen) consecutive days counting from the day on which the consumer acquires physical possession of the good.
To exercise this right, the User must indicate all their identification data, the subscribed service they wish to purchase and the subscription date. Communication must be made by e-mail or letter, by returning the purchased item, or by other appropriate means capable of proof within the period defined above.
The right to repentance within 14 days can only be exercised by a final consumer, and contracts concluded between two companies are excluded..
7.1. a) The consumer must, within 14 (fourteen) consecutive days from the date of communication of the resolution, return the goods to ANIMATEK in the appropriate conditions of use.
7.1. b) After ANIMATEK is aware of the customer's intention to terminate the contract, ANIMATEK de Omnivida Unipessoal LDA. will collect the product from your home or place of work. ANIMATEK de Omnivida Unipessoal LDA is not responsible if the carrier is unable to make the collection for reasons beyond ANIMATEK de Omnivida Unipessoal LDA.
7.1. c) It must be taken into account that there are products excluded from the right of free resolution:
The packaging must be returned complete, as it was delivered and accompanied by all documentation received, namely the following documents: sales invoice and the document proving receipt of the product.
The respective shipping costs arising from collection due to the termination of the contract with ANIMATEK de Omnivida Unipessoal LDA., will be the responsibility of the customer.
7.2. Upon receipt of the return at ANIMATEK, the User will be refunded the amount corresponding to the amount paid for the order (value of the sales invoice). Subtracting the value of shipping costs from collection. If you used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.
7.3. The refund method for the amount to be returned depends on the payment method used in the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In other cases, when NIB/IBAN information is provided, the refund is made to the indicated bank account. The refund is made up to 14 days after receiving the free resolution and receiving 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 excellent condition, there will be no refund of the price, and the product will be sent back to the initial shipping address, to which the collection costs and reshipment will be the responsibility of the customer.
8.Manufacturing defect
8.1. In the event of a "manufacturing defect", that is, when faults are detected in the equipment that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, together with a copy of the invoice and request collection of the product, within a maximum period of 30 consecutive days from the invoice date.
The respective shipping costs for collection will be the responsibility of ANIMATEK de Omnivida Unipessoal LDA.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all the components that make it up, 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 sent back to the User, for which the costs of collection and reshipment will be the responsibility of the customer.
9.Warranty
9.1. All equipment available in the Store is certified by the competent international entities.
9.2. Electronic equipment and accessories have a warranty period defined by the manufacturer, which under legal terms is at least 3 (three) years. This period is considered based on the data on the equipment invoice and can only be exercised upon presentation of the duly completed warranty certificate and/or proof of purchase (invoice).
9.3. Equipment that has exceeded the period defined by the manufacturer or presents defects caused by abnormal wear, improper installation, bad weather, electrical discharges, negligence or accidents, misuse, infiltration of moisture/liquids, use of accessories not originals and techniques by unauthorized personnel.o.
9.4. If the equipment is altered and is covered by the warranty, the User may take it with it, and provide proof of purchase and/or warranty, to a branded technical assistance center.
9.5. If the equipment is faulty and this fault is not covered by the warranty, the User may take it with it, and provide proof of purchase, to a technical assistance center of the brand.
10. Intellectual Property
10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of ANIMATEK de Omnivida Unipessoal LDA.
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 appearing in the advertising, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, laws relating to industrial property and other property protection laws, therefore Any use of these contents may only occur with the express authorization of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from carrying out any acts that may violate the law or said rights, such as reproduction, commercialization, transmission or placement making these contents available to the public or any other unauthorized acts that have the same contents 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 customs, such as the sending of unsolicited communications (spamming) in violation of the provisions of legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and the rules for using the Service must also be observed, under penalty of ANIMATEK de Omnivida Unipessoal LDA suspending or deactivating the Service under the terms set out in point 14.
11.2. The User expressly registers and accepts that the IP Network constitutes a public electronic communications network capable of being used by several users, and as such, subject to computer overloads, therefore ANIMATEK de Omnivida Unipessoal LDA does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. ANIMATEK de Omnivida Unipessoal LDA also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unpredictable nature, external to ANIMATEK and which cannot be controlled by ANIMATEK) .
11.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, ANIMATEK undertakes to regularize its operation as quickly as possible.
12.Suspension and deactivation of the Store Service
12.1. Regardless of any prior or subsequent communication, ANIMATEK may, at any time, and in accordance with its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
12.2. ANIMATEK also reserves the right to immediately suspend or terminate access to the Service in the following cases:
12.3. The suspension or termination of the Service by ANIMATEK de Omnivida Unipessoal LDA, under the terms of the previous paragraphs, does not affect the right of the User or third parties to any compensation or other compensation, and ANIMATEK de Omnivida Unipessoal LDA cannot be held responsible or in any way burdened , for any consequence resulting from the suspension, cancellation or cancellation of the Service.
12.4. In the situations described above, ANIMATEK will inform the User in advance so that they can, if they wish, safeguard the content of their order viewing area within 3 (three) business days from the email being sent or made available information on the Service's main page.
13. Communications
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications 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/or any communication and/or notification related to the Online Store, to the address, contact telephone number and/or email address indicated in the ordering process.a.
At any time, you can request the collection of these communications and/or notifications through the Contact Form or through the option Do not receive the Newsletter registered in each Newsletter.r.
14.Technical Settings
14.1. Without prejudice to the provisions of the following number, ANIMATEK de Omnivida Unipessoal LDA may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and must disclose such changes to the User at least 15 days in advance ( fifteen days.
14.2. The current version of these General Conditions and their annexes is available on the animatek.pt website.
15. Navigation and Connectivity
15.1. Whenever ANIMATEK de Omnivida Unipessoal LDA deems it necessary or convenient to improve the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
15.2. Without prejudice to the provisions of the following numbers, and considering the innovative nature of the Service and the technological developments to which it may be subject, ANIMATEK de Omnivida Unipessoal LDA may change its technical configurations whenever this proves convenient to adapt it to eventual developments. technological.
15.3. However, ANIMATEK de Omnivida Unipessoal LDA does not guarantee the User that any updates or improvements to the Service will be made.
15.4. Some updates or new features of the Service may only be available upon payment by the User and/or subscription by the User to Specific Conditions of Use
16. Complaints
16.1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to ANIMATEK de Omnivida Unipessoal LDA about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The complaint must be presented within a maximum period of 30 (thirty) days, counting from the date the User becomes aware of the facts, and registered in the information systems of ANIMATEK de Omnivida Unipessoal LDA, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of receipt
17.Shipping of orders
17.1. ANIMATEK de Omnivida Unipessoal LDA., provides several carriers for sending orders with weight limit of 30kg., and calculations for shipping orders are made automatically at checkout. For shipments weighing more than 30kg, the shipping cost will have an added value depending on weight, size and destination of the order. Send an email to info@animatek.pt to find out the correct shipping costs over 30kg.
17.2. We are committed to delivering your order on time, but please be aware that unforeseen circumstances beyond our control may cause delays. It is important to note that shipping and handling costs, along with duties or taxes, cannot be refunded in such situations. Delays may be caused by factors such as adverse weather conditions, natural disasters, civil disturbances, holidays, carrier outages, as well as delays caused by customs or local government authorities.
17.3. In the event that your order is refused or returned to us (marked 'Return to Sender'), you (the customer) will be responsible for the return shipping costs. Furthermore, the orders refused may incur additional fees, which will be deducted from any eligible refunds after the package is successfully returned to our facility.
We kindly ask you to avoid refusing the order. at the time of delivery. All carriers impose an additional fee on us for any refused shipment and, unfortunately, we are required to pass this fee on to you.
17.4. We process orders Monday to Friday, ensuring they are shipped as quickly as possible. Shipping times depend on our stock, distributors' stock, and the type of product to be shipped. We provide an estimate of shipping times:
18. Payment methods
For the Customer's convenience, Animatek provides the following payment methods for products and/or services:
You can make the bank transfer via homebanking, from your usual bank or ATM, or if you prefer, make a deposit from a bank branch.
Once payment is received, your order will be shipped. If after 7 working days (excluding weekends) payment has not been received, the order will be cancelled. This payment method is available to registered customers.
After bank payment, send proof to payments@animatek.pt
The account number for bank payments is as follows:
IBAN PT50 0035 0549 00073593630 73
SWIFT: CGDIPTPL
Account holder: Omnivida Unipessoal LDA
19. Applicable Law
19.1. These General Conditions are governed by Portuguese law.
19.2. For the resolution of any conflicts arising from the provision of the Service covered by these General Conditions, the Lisbon district court will be competent, expressly waiving any other.
19.3. The consumer, as defined in paragraph c) of Article 3 of Law no. 144/2015, of September 8, may submit dispute resolution to one of the Alternative Consumer Dispute Resolution Entities (RAL) available at www.consumidor.gov.pt, entities communicated by the General Consumer Directorate to the European Commission, in accordance with paragraph 2 of article 17 of Law no. 144/2015 of 8 September, amended by Decree-Law no. 102/2017, of August 23rd.
19.4. The consumer may also use the European Online Dispute Resolution Platform, available here.
