Terms of Service

Use of the service

The online store of the www.tabacariagomes.com shall be governed under the terms and conditions here defined, which the Customer agrees to comply with.Tabacaria Gomes may, at any time, change all or part of the terms and conditions herein.

1. Scope and Object of the General Conditions of the Store

These General Conditions are intended to regulate the terms and conditions of tabacariagomes.com (https://tabacariagomes.com/pt/), belonging to Manuel Gomes&Gustavo Gomes, Lda, with the NIF: 504924931, and head at Rua de São João, 9 and 11, 4910 -145 Caminha, Tel: +351 258721040, Email: info@tabacariagomes.com.

The Service consists of the provision, through the tabacariagomes.com address of access to the online store that, in addition to providing information regarding a set of products and/or services, allows the User, electronically, to order the products disclosed therein, in the terms and conditions described herein.

The order of products must be made by Users aged 18 (eighteen) years or older (individuals under the age of 18 years old (individuals under the age of 18 years old must have the authorization of their representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User's electronic acquisitions, and the User may not claim the lack of signature for non-compliance with the obligations assumed.

2. Prices and products

The prices in the catalogue of the www.tabacariagomes.com are in Euros and include VAT at the legal rate in force at the time of purchase, to which the delivery cost must be added.The prices and product specifications contained in this site may be changed by Tabacaria Gomes, without any prior notice.Tabacaria Gomes will do everything possible so that the information presented does not contain typographical errors, and will be quickly corrected whenever they occur. If you purchase a product that has different characteristics than those presented online, you have the right to resolve the purchase agreement in the applicable legal terms (right of free resolving).Tabacaria Gomes 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 to control by Tabacaria Gomes, such as human errors or incidences in computer systems, it is not possible to make available any of the products requested by the User. If any product is not available after you have placed your order, you will be notified by email or by phone. At that time you will be presented with the possibility to cancel the order with its refund if you have already made the payment.

3. Order request

The possibility of placing orders on the Online store of the info@tabacariagomes.com website is restricted to orders whose delivery and billing addresses are in the territory of Mainland Portugal or in the Autonomous Regions of the Azores and Madeira. Orders for delivery to PO boxes are not accepted. The products featured in the online catalog are limited to existing stock. In case of unavailability of any item, Tabacaria Gomes will inform the Client.

4. Order delivery and shipping costs

We have reinforced hygiene and safety measures throughout the order packaging process.All orders confirmed by Tabacaria Gomes will be delivered to the address that the Customer specified for delivery at the time of ordering.

4.1. In-store pickupIf you want to pick up the product ordered online at our store, delivery is free. You have 7 days, after contacting the store, to pick up your order.If the withdrawal is not made within the defined period, the order is canceled.

4.2. Home DeliveryAfter order confirmation the customer will receive:

- A first email and SMS informing that your order has already been collected by the carrier at our facilities. In that same email you will be able to consult the tracking number and a link will also be made available that allows changing the address and delivery date (delivery change amount charged by the carrier).

- A second email and sms informing that your order has been distributed and includes information on the date and period of delivery. In that same email you will be able to consult the tracking number and a link will also be made available that allows changing the address and delivery date (delivery change amount charged by the carrier).- About 30 minutes before delivery, you will be contacted by telephone by the carrier.The shipping costs associated with each order will be calculated according to the following table:

5. Delivery times

Due to COVID-19, delivery times may be extended further.The expected delivery time is 3 to 5 working days for Mainland Portugal and 6 to 8 working days for the Autonomous Regions.In the case of the same order encompassing items subject to different delivery terms, the delivery period for the entire order will be considered as the longest term of the items contained in it.In the event of a stockout, the Customer will be contacted by email regarding the new expected delivery date, and may maintain or cancel the order. Additional information regarding the expected delivery times can be requested through the number 258721040, every day between 08:00 and 22:00, or through the email address tabacariagomes@gmail.com.

6. Payment methods

The Customer can pay for his purchase through ATM reference, PayPal or card (Visa; Visa Electron; V-Pay; MasterCard; Maestro).Through PayPal, you can pay quickly and securely with your account or credit card, without sharing any financial information with the Tabacaria Gomes website.In the case of payment by ATM, the reference will be available for payment for 24 hours. If payment is not made within this period, the order will be automatically canceled.In the case of credit card payments, all transactions will be kept by the service provider, for possible consultation by Redunicre.

7. Order cancellation

The customer may withdraw from the order, as long as it has not yet been processed by Tabacaria Gomes. The withdrawal of the order can be formalized through email sent to the address tabacariagomes@gmail.com. The Customer must mention the order number and his tax identification number, under penalty of ineffectiveness of the withdrawal.

8. Non-acceptance of the order

Tabacaria Gomes reserves the right not to accept the order, informing the Customer, in the following cases:(a) stock disruption;b) Unavailability of the article;c) If Tabacaria Gomes considers there is misconduct on the part of the buyer or any inconsistency in the personal data recorded.

9. Returns

The customer may, within 14 days, after receiving the product, proceed to its return. Within the same period the customer may complain about any defects or inadequacy of the product in relation to the ordered, the responsibility of Tabacaria Gomes.To this end, the complaint must be formalized by e-mail sent to the address tabacariagomes@gmail.com. In the complaint, the Customer must expressly indicate the reasons for his/her complaint, always mentioning the order number and his/her tax identification number.The support team to the www.tabacariagomes.com site, will coordinate with the Customer how to proceed to the return of the goods, in case it is justified, assuming in these cases tabacaria Gomes the costs of returning it and the costs of a new delivery.In situations where the reasons for the return are not the responsibility of Tabacaria Gomes, the return will be accepted, after conference of the good condition of the returned items and their packaging, being returned the amount paid by the Customer, deducted from the costs of transport of the delivery (even if they were these assumed by Tabacaria Gomes) and the costs of transport of the return, according to the values defined in point 4 of this document. As a result, Tabacaria Gomes reserves the right not to accept returns of products without prior notice, as mentioned above, and which do not comply with the same conditions of conformity as the date of their delivery to the Buyer (namely products that have undergone any use, processing, damage and/or lack of original packaging/accessories/accessories).

10. Limitation of Liability

We make every effort to ensure that the information presented is free of typographical errors and, whenever they occur, we will correct it as soon as possible. In the event that the information presented does not correspond to the characteristics of the product, the Customer shall have the right to return in accordance with point 10.The photographs presented on the website are merely illustrative. We recommend that you refer to the product features for detailed information.Despite the efforts of Tabacaria Gomes, some products may be priced incorrectly, so we check prices every time we process orders. If the price of the product is lower than the advertised price, we will refund the difference. If the price is higher, we will inform the Customer by email and await your decision to accept the new proposal or cancel the order.

11. Registration and Protection of Personal Data

When registering to use this website, you will be asked to create a password. The Client shall keep it strictly confidential, not revealing it or sharing it with third parties. The Customer is fully and exclusively responsible for the use of his/her password as well as any orders placed with it, even without his knowledge.In the case of Customers with registration, the necessary information will be collected to carry out the entire online business transaction and future contacts that are necessary to establish, in order to ensure the best customer service.The Customer warrants that the personal data provided are true and accurate, and undertakes to notify any changes thereof. Any loss or damage caused to the online store or to third parties resulting from incorrect, inaccurate or incomplete information from the registration forms will be the sole responsibility of the Customer.The services provided by Tabacaria Gomes will always comply with the provisions of the Personal Data Protection Law - Law No. 67/98 of October 26, so the personal data provided by the Clients are collected for the sole purpose of managing the Customers' account, billing, communication with Customers, statistical analysis and direct marketing actions, assuming the commitment of privacy and security in the processing of the personal data of each Client.The Client expressly authorizes Tabacaria Gomes to send information about products and services that may be of interest to him, using his/her personal data for direct marketing purposes. At any time, the Customer may request access, rectification and cancellation of their data, using the following contacts:Manuel Gomes&Gustavo Gomes, Lda. Rua de São João, 9 and 11, 4910-145 Caminha. Tel. +351 258721040. tabacariagomes@gmail.com.

12. Intellectual and Industrial Property

The Content made available on the Website is protected by Copyright and Related Rights and Industrial Property Rights under applicable legislation and includes, inter alia, copyright and industrial property rights in the trademarks and logos of the trademarks marketed.Tabacaria Gomes will not admit any infringements of its copyright and industrial property rights, as well as the industrial property rights of the marks it represents, and will take appropriate action in defense of its interests.

13. Cookies

In order to provide our users with a faster and personalization of the service provided, Tabacaria Gomes may resort to a functionality of the "browser" known as "cookie". A "cookie" is a small text file, automatically stored by the user's computer, and which allows its identification whenever the user re-consults the website myvistaalegre.com. Any user can, however, configure their browser to prevent the installation of "cookies" on their computer. However, this option may slow down your browsing on this site as on other sites.

14. Complaints

The User may submit any contractual disputes, to the arbitration and mediation mechanisms that are or will be legally constituted, as well as to complain to Tabacaria Gomes of acts and omissions that violate the legal provisions applicable to the acquisition of assets.The complaint must be submitted within a maximum of thirty (30) days, counted from the knowledge of the facts by the User, being registered in the information systems of Tabacaria Gomes who must decide the complaint and notify the interested party within a maximum of thirty (30) days, from the date of its receipt.We have an electronic complaintbook: https://www.livroreclamacoes.pt

15. Alternative Consumer Dispute Resolution Entities

Pursuant to Article 18 of Law 144/2015 of 8 September, in case of a dispute:

Entity: National Center for Information and Arbitration of Consumer Disputes

Rua D. Afonso Henriques, 1

4700-030 Braga

Phone number: 253 619 107

E-mail: geral@cniacc.pt

Website: https://www.cniacc.pt/pt/

You can find more Consumer Dispute Resolution Entities on the Consumer Directorate-General's portal (https://www.consumidor.gov.pt/parceiros/sistema-de-defesa-do-consumidor/entidades-de-resolucao-alternativa-de-litigios-de-consumo.aspx)

16. Applicable law and competent jurisdiction

These Terms and Conditions of online purchases on the www.tabacariagomes.com are in accordance with applicable Portuguese law. By using the online store, you agree to and agree to these Terms and Conditions and Privacy and Personal Data Protection Policy.In force since 06 September 2013.
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