Termos & Condições
Loja Online


 

1 Scope and Purpose of the General Conditions of the Shop

These General Conditions are intended, together with the order form and other elements referred to in them, to regulate the terms and conditions under which the provision of the Syst-MP Online Shop ("Service" or "Shop") will be governed by Syst-MP, with office at Rua José António Madeira, Bloco 4, R/C Esq. 8100-670 Loulé, under the single registration on VAT number 507 533 976 with a share capital of EUR 15,000, hereinafter referred to as Syst-MP.

The Service consists of making available, through the adress Rua José António Madeira, Bloco 4, Loja R/C Esq., 8100-670 Loulé, access to the Online Shop which, in addition to providing information on a range of products and/or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions described herein.

Product orders must be placed by Users aged 18 (eighteen) or over (individuals under this age must have authorisation from their representatives). The elements and information transmitted by the User shall enjoy full legal effects, with the User recognising the electronic purchases, and the User may not allege the lack of signature for non-compliance with the obligations assumed. 


2 Product Information and Contents

Syst-MP will make every effort to ensure that the information presented is free of typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you are entitled to withdraw from the purchase contract in accordance with the applicable legal terms (right of withdrawal - see point 9).

Syst-MP will endeavour to send all the products ordered but in certain cases and due to causes difficult to control Syst-MP, such as human error or incidents in computer systems, it may no be possible to provide any of the products requested by the User. If any product is not available after you have placed your order, you will be advised by email or telephone. At that time, you will be given the ability to cancel the order with the respective reimbursement, if payment has already been made.

All information about price, products, specifications, promotional actions and services may be changed at any time by Syst-MP.


3 Responsibilities

3.1 All products and services marketed in the Syst-MP Online Shop are in accordance with Portuguese Law.

3.2 The store has adequate levels of security, however, Syst-MP shall not be liable for any damages suffered by the User and/or third parties as a result of delays, interruptions, errors and communication suspensions arising 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, the modems, the connection software or any computer viruses or arising from the download through the service of files infected or containing viruses or other properties that may affect the user's equipment. If it is impossible to provide the service due to an access error to the Syst-MP Online Shop website, Syst-MP shall not be liable for any damages.

3.3 The consultation of data and information within the scope of this Service is assumed to have been carried out by the User, Syst-MP declines all responsability arising from the abusive or fraudelent use of the information obtained.

3.4 Syst-MP will not be liable for any loss or damage caused by misuse of the service that is not directly attributable to Syst-MP by way of intent or gross negligence.

3.5 Syst-MP shall not liable for loss or damage arising from failure to perform or dectetive performance of the service when not directly or indirectly attributable to Syst-MP by way of wilful misconduct or gross negligence and shall not be liable in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the service; (ii) damages caused by the fault of the user or third parties, including infringements of intellectual property, (iii) the non-compliance or defective performance resulting from compliance with court orders or administrative authorities or (iv) the non-compliance or defective performance resulting from the occurence of situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to Syst-MP and beyond its control, such as fires, power cuts, explosions, wars, riots, civil uprisings, government decisions, strikes, earthquakes, floods, other natural cataclysms or other situations beyond the control of Syst-MP that prevent or impair the perfomance of the obligations undertaken.

3.6. Syst-MP does not warrant that:

i) The Service will be provided uninterruptedly, secure, error-free or will function infinitely;

ii) The quality of any product, service, information or any other material purchased or obtained through the service will meet the expectations of the user;

iii) Any material obtained in any way through the use of the Service is used at the User's own risk and the User shall be solely responsible for any damage to its computer system and equipment or loss of data that results from such use.

iv) No advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty that is not expressed in these General Conditions.

3.7. The User accepts that Syst-MP shall in no way be liable for any damages, including, but not limited to, damages for loss of profit, data, contents, or any other losses (even if previously advised by the User of the possibility of such damages), resulting from:

i) The use or inability to use the Service;

ii) The difficulty in obtaining any substitute goods/services;

iii) The unauthorised access or modification to personal databases.


4 Obligations of the Consumer

4.1. The user undertakes to:

i) Provide correct personal details and address;

ii) Not to use false identities;

iii) Respect the order limits imposed.

4.2. Should any of the data be incorrect or insufficient, and for this reason there is a delay or impossibility to process the order, or eventual non-delivery, the responsibility lies with the User, Syst-MP declining any responsibility. In the event that the consumer breaches any of these obligations, Syst-MP reserves the right to eliminate future purchases, block access to the shop, cancel the provision of any other services made available simultaneously by Syst-MP to the same User; and, furthermore, to not allow the User future access to some or any services made available by Syst-MP.

4.3. It is expressly prohibited to use the products and services acquired for commercial purposes, in particular for the purpose of reselling goods.


5 Privacy and Personal Data Protection

5.1. Syst-MP guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as being mandatory are indispensable to the provision of the Service by Syst-MP. The omission or inaccuracy of the data provided by the user is his sole and entire responsibility and may result in Syst-MP refusing to provide the Service.

5.3. The user's personal data will be processed and stored electronically and are intended for use by Syst-MP within the scope of the contractual and/or commercial relationship with the user and, in the event of consent by the user, for the marketing of INDICATE CASE BY CASE AND IN ACCORDANCE WITH THE SPECIFIC PURPOSE OF THE COMPANY.

5.4. Under the terms of the applicable legislation, the User is guaranteed the right to access, rectify and update their personal data, free of charge, directly or by written request, as well as the righ to object to the use of the same for the purposes set out in the preceding paragraph, for which purpose they should contact the entity responsible for the processing of personal data: Syst-MP.

5.5. The internet is an open network and therefore the User's personal data, other personal information and all content hosted in the Service may circulate on the network unsafe, even running the risk of being accessed and used by unauthorized third parties for this purpose, and Syst-MP may not be held liable for such access and/or use.


6 Cancellation of orders

6.1 At the request of the User

The user may cancel his order by submitting the request to Syst-MP by telephone or email indicating the order number, which will be accepted provided that the order has not yet been processed. After its processing, Syst-MP will try to make the delivery of the same, but the User has the option not to accept it.

For the purpose of cancellation, the User must provide Syst-MP with the following details

a) Order number

b) Fiscal number under which the order was placed and delivery address

6.2 By decision of Syst-MP

Syst-MP reserves the right not to process orders when it verifies any inconsistency in the personal data submitted or observes misconduct on the part of the purchaser. Syst-MP reserves the right not to process any order or refund should there be any errors in the values and/or characteristics of the products where these are the result of technical problems or errors beyond the control of Syst-MP.


7 Returns (Right of Withdrawal)

7.1. The User, in the case of being a consumer, may exercise the 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 the right of withdrawal, the User may use the form below and fill in his identification data, the subscribed service that he wishes to resolve and the subscription date. The communication must be made, by letter, through the return of the purchased good, or by another suitable and provable means within the period defined above.

The consumer must, within a period of 14 (fourteen) days from the date of the communication of withdrawal, return the goods to Syst-MP in the proper conditions of use.

Model withdrawal form (only complete and return this form only if you wish to withdraw from the contract)

- To [insert here trader's name, geographical address and, where applicable, the fax number and e-mail address];

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following good/for the provision of the following service (*) - Ordered on (*)/received on (*) —

Name of consumer(s) - Adress of consumer(s) - Signature of consumer(s) (only if this form is notified on paper) (*) Delete as appropriate.

The packaging should be returned complete, as delivered and accompanied by all the documentation received, in particular the following documents: sales invoice and the document proving receipt of the product. The package and the documents indicated should be sent free of charge to the following address:

Syst-MP 

Rua José António Madeira Bloco 4 Loja R/C Esq. 8100-670 Loulé

Should the User opts for other forms of return, the respective shipping costs will be the responsibility of the User.

7.2. Upon receipt of the returned product(s) at Syst-MP, the User will be refunded the value corresponding to the amount paid for the order (sales invoice value). 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. 

7.3. The method of refund depends on the payment method used for the respective order. In the case of payments made by credit card and PayPal payments, these are credited to the respective accounts. In all other cases, when the IBAN details are provided, the refund is made by bank transfer to the bank account indicated. The refund is made within 14 days after receipt of the free resolution will and returned goods.

7.4. If any of the components of the item sold are missing, or if any of them are not in excellent condition, there will be no refund of the price or delivery charges, and the product will be sent back to the original shipping address.


8 Manufacturing defects

8.1. In the event of a "manufacturing defect", i.e. when faults are detected in the equipment that, in principle, do not fall under the scope of the respective guarantee, the User must return the equipment, together with a copy of the invoice and the completed "Replacement Request / Equipment Return" form, within the consecutive days following the invoice date, to the following address:

Syst-MP 

Rua José António Madeira Bloco 4 Loja R/C Esq. 8100-670 Loulé

Should the User opts for other forms of return, the respective shipping costs will be the responsibility of the User.

8.2. In order to exchange the product, you should ensure that the packaging is complete (box, instruction manual, guarantee certificate, terminal and accessories) and contains all of its components, in excellent condition.

8.3. If any of the aforementioned elements are missing, 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.


9 Warranty

9.1. All equipment available in the store is duly certified by the competent international entities.

9.2. The equipment and accessories have a warranty period given by the manufacturer, which under legal terms is at least 2 (two) years. This period is considered from the equipment's invoicing and can only be exercised upon presentation of the warranty certificate and/or proof of purchase (invoice) duly completed.

9.3. The equipment that has exceeded the period defined by the manufacturer or presents defects caused by adnormal wear and tear, improper installation, bad weather, electrical discharges, negligence or accidents, mishandling, infiltration of moisture/liquid, use of non-original accessories and technical interventions by unauthorised personnel is considered out of warranty conditions.

9.4. If the equipment breaks down and is covered by warranty, the User may take it to a technical service centre of the brand with the respective proof of purchase and/or warranty.

9.5. The accessories under warranty that break down should be sent, with the respective proof of purchase and/or warranty, to the following address:

Syst-MP 

Rua José António Madeira Bloco 4 Loja R/C Esq. 8100-670 Loulé

Should the user opt for other methods of return, the respective shipping costs will be the User's responsability. The user should always request the Post Office receipt proving that the order was sent.

9.6. If the equipment is faulty and this fault is not covered by the guarantee, the User should take it to a technical service centre of the brand with the respective proof of purchase.


10 Intellectual Property

10.1. The Store is a registered site and the Service provided by the site itself is the responsibility of Syst-MP.

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 that appears in advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, the laws relating to industrial property and other laws for the protection of property, so that any use of such content may only accur under the express authorization of the respective owners.

10.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, in particular by refraining from any acts that may violate the law or the aforementioned rights, such as the reproduction, marketing, transmission or making available to the public of such content or any other unauthorised acts with regard to the same content.


11 Service Security Conditions

11.1. The User undertakes to comply with all applicable legal provisions, in particular, not to practice or encourage the practice of illegal acts or offences against morals, such as sending indiscriminate unsolicited communications (spamming) in violation of the provisions of applicable legislation on the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules of use of the Service, under penalty of Syst-MP suspending or deactivating the Service under the terms set out in section 14.

11.2. The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by several users and, therefore, it is subject to computer overloads, as such, Syst-MP does not guarantee the provision of the Service without interruptions, loss of information or delays.

11.3. Syst-MP also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or force majeure (situations of an extraordinary or unforeseeable nature, external to Syst-MP and beyond its control).

11.4. In the event of interruption of the provision of the Service for reasons of unpredictable overload of the systems on which it is supported, Syst-MP undertakes to regularize its operation as soon as possible.


12 Suspension and Deactivation of the Service Shop

12.1. Regardless of any prior or subsequent communication, Syst-MP may at any time, at its sole discretion, discontinue providing the Service and/or part of it to one or all Users.

12.2. Syst-MP also reserves the right to immediately suspend or terminate access to the Service in the following cases:

a) When the Users fails to observe the conditions of use referred to in point 4 and others mentioned in the General Conditions;

b) When Syst-MP ceases access to the store, upon prior notice of 15 days to the date of termination.

12.3. The suspension or termination of the Service by Syst-MP under the terms of the preceding paragraphs shall not entitle the User or third parties to any damages or other compensation and Syst-MP may not be held liable or in any way charged for any consequences resulting from the suspension, cancellation or termination of the Service.

12.4. In the situations described above, Syst-MP will notify the User in advance so that they can, if they so wish, safeguard the content of their order viewing area within 3 (three) working days counting from the date of sending the email or making the information available on the main page of the Service.


13 Communications

13.1. Without prejudice to other forms of communication provided for in the present General Conditions, notifications to the User relating to the Service, including any amendments to the present General Conditions, may be communicated to the User by email, SMS or telephone.

13.2. 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 provived in the order processing.

At any time, you can request not to receive these communications and/or notifications using the Contact Form or through the option saying "Do not receive the Newsletter" in each Newsletter.


14 Technical Configurations

14.1. Without prejudice to the following paragraph, Syst-MP may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and shall inform the User of such changes at least 15 (fifteen) days in advance.

14.2. The version in force at any given time of these General Conditions and its annexes are available on the website syst-mp.com.


15 Communications

15.1. Whereas, Syst-MP deems necessary or convenient to optimise the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.

15.2. Notwithstanding the provisions of the following paragraphs and taking into account the innovative nature of the Service and the technological developments to which it may be subject, Syst-MP may change the technical settings of the Service whenever it deems appropriate to adapt it to any technological developments.

15.3. Syst-MP does not, however, guarantee the User any upgrades or improvements to the Service. 

15.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to the Specific Conditions of use.


16 Complaints

16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may come to be legally constituted, as well as complain to Syst-MP about acts and omissions that violate the legal provisions applicable to the acquisition of goods.

16.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counting from the knowledge of the facts by the User, and shall be registered in the information systems of Syst-MP which shall decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of its receipt.


17 Applicable Law

The contract is governed by Portuguese Law.