The provisions of this clause do not affect the rights of the User as a consumer and user nor their right to cancel the contract.
Property
You acknowledge and agree that all copyrights, trademarks and other intellectual property rights of the materials or content provided as part of the website are owned by the Company, or by third parties granting the respective license to use. The User may use such material only within the scope expressly authorized by the Company or by the licensed users. This does not prevent the User from using this website, to the extent strictly necessary, to copy the information of his request or the contact information.
Viruses, piracy and other computer attacks
The User undertakes not to misuse this website by intentionally introducing viruses, trojans, worm, logic bombs or any technologically harmful software or materials. The User undertakes not to attempt to access, without authorization, this website, the server on which it is hosted, or any server, computer or database related to our website. The User undertakes to not to attack this Web site through any service rejection attacks, or through a distributed service rejection attack.
Failure to comply with this clause shall be considered as an infraction, as defined by the applicable regulations. The Company will communicate any failures in compliance with this regulation to the corresponding authorities, cooperating with them to find out the identity of the person responsible for the attack. Likewise, in case of failure to comply with this clause, the authorization to use this website will be immediately suspended.
The Company can not be held liable for any damages or losses resulting from a service rejection attack, virus, other software or technologically damaging or harmful material that may affect the User’s computer, its IT equipment, data or materials, such as result of the use of this website or the downloading of content from it, or other site forwarded by it.
Links from our website
If the Company’s website contains links to other websites and materials of third parties, it is considered that said links are provided solely for the purpose of obtaining information, without the Company having any type of control over the content of these websites or materials. Consequently, the Company will not accept any liability for any damages or losses arising from its use.
Communication in writing
The applicable regulations require that part of the information or notifications sent to the User by the Company be made in writing. By using this website, the User accepts that the majority of communication with the Company is carried out electronically. The Company will contact the User by email or provide you with information by posting notices on this website. For contractual reasons, User agrees to use these electronic means of communication, and accepts that all contracts, notices, information and other communications sent to you electronically comply with the legal requirements of your written supply. This condition does not affect your rights as recognized by law.
Notifications
The notifications sent by the User must be sent preferably through our contact form. Notwithstanding the provisions of clause 20 above, and except as otherwise stipulated, the Company may send to the User notifications either by e-mail or by the postal address indicated by the latter when making the request.
Notifications are deemed to have been received and managed correctly when posted on our website, 24 hours after it is sent by email, or three days after the date of publication in any of the established media. As proof of the sending of a notification, it must be sufficient to show that, in the case of a letter, that letter has been correctly addressed, that the corresponding postal item has been paid and that it has been duly sent to the post office or to a PO Box, and in the case of an e-mail, that the notification was sent to the e-mail address specified by the recipient.
Transfer of rights and obligations
The commitment of the contract is valid for the User and the Company, as well as their respective successors, recipients of transfers made by the parties, and heirs.
You may not transfer, waive, attach, or otherwise transfer a contract or any rights or obligations arising therefrom without the prior written consent of the Company. The Company may transfer, waive, attach, subcontract or otherwise transfer a contract or any rights or obligations arising therefrom at any time during the term of the agreement.
For the avoidance of doubt, said transmissions, assignments, embargoes or other transfers will not affect the rights that the User has as a consumer recognized by law, or that cancel, reduce or otherwise limit the express and implied warranties presented by the Company .
Events beyond company control
The Company is not responsible for any non-compliance or delay in the performance of any of the obligations assumed under the agreement, where said non-compliance is caused by events beyond our reasonable control (“Force Majeure”).
The concept of Force Majeure includes any act, event, failure to exercise, omission or accident beyond the reasonable control of the Company, including, but not limited to, the following:
- a) Strike, employer strike or other forms of protest.
- b) Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- c) Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- d) Impossibility to use trains, boats, aircraft, motorized transportation or other means of transport, public or private.
- e) Impossibility of the use of systems and means of telecommunications, public or private.
- f) Decisions, decrees, laws, regulations or restrictions of any government or public authority.
- g) Strike, failure or accident in maritime or fluvial transport, postal transport or any type of transport.
The Company’s obligations under the contracts may be suspended during the period of force majeure, and the Company shall determine the length of the period for the fulfillment of these obligations, corresponding to the time interval of duration of the Force Majeure situation.
The Company will make available all reasonable resources to terminate the Force Majeure situation, or to find a solution to meet our obligations under the contract, in spite of the Force Majeure situation.
Renunciation rights
The absence of a requirement on the part of the Company to strictly comply with the User’s obligations under any contract or these conditions, or the absence of the exercise by the User of the rights or actions that correspond to the Company in by virtue of this agreement or its conditions, shall not constitute a waiver of or limitation of such rights or actions, nor a waiver of compliance with such obligations.
The waiver by the User of a specific right or action does not imply the waiver of other rights or actions arising from the contract or the conditions.
The Company’s waiver of any of these conditions or the rights or actions arising from the agreements shall have no effect unless expressly stipulated that it is a waiver of rights and formalized its notification to the User in accordance with the provisions of the above section of notifications.
Partial cancellation
If any of these conditions or any provision of a contract is declared null and void by a firm resolution of the corresponding authority, the remaining terms and conditions will remain in effect, and will not be affected by such annulment statement.
Complete agreement
These conditions, and any documents mentioned therein, constitute the entire agreement between the User and the Company, as determined by the purpose of the Agreement, superseding any covenant, agreement or promise entered into between the User and the Company, either verbally or in writing.
The User and the Company acknowledge their compliance with the terms of this agreement, regardless of any statement or promise made by the other party or that may have been deduced from any statement or document in the negotiations entered into by the two parties prior to said agreement, except those expressly mentioned under these conditions.
The User and the Company undertake not to take any action related to any false declaration made by the other party, either verbally or in writing, prior to the date of conclusion of the contract (unless such false declaration has been made in a manner fraudulent) and the only action that may be taken by the other party will be related to the breach of contract, in accordance with the provisions of these conditions.
Right to change conditions
The Company reserves the right to revise and modify these conditions at any time. The User is subject to the policies and conditions in force at the time of his use of this website or the execution of the request, except when it is necessary by law or decision of the governmental entities to make retroactive changes to such policies, terms or privacy statement. In this case, possible changes will also affect requests previously made by the User.
Applicable Law and Jurisdiction
The use of this website and the contracts for the purchase of the product made through it are governed by Portuguese legislation. Any controversy that may arise or that is related to this website or to the aforementioned contracts will be subject to the Portuguese jurisdiction. If you enter into a contract as a consumer, nothing in this clause will affect your rights as such, recognized in the applicable legislation.
Comments and Suggestions
Your comments and suggestions are always welcome. Please send us any comments and suggestions using our contact form. There is no official complaint form available to consumers and users. These can be requested to the e-mail info@devotion.pt or using our contact form
