Terms of service

TERMS & CONDITIONS

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

These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions that will govern the Online Store www.creativolution.eu, NIF PT516386131, with registered office at Rua da Cavada, 121 – S. Cosme, 4420-074 Gondomar, Portugal, hereinafter referred to as "Creativolution".
The Service consists of providing access to the Online Store which, in addition to providing information relating to a set of products, allows the User, electronically, to order the products advertised therein, under the terms and conditions here described.
Ordering products can only be placed by Users aged 18 (eighteen) years or over. 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 Information and Contents
Creativolution 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 under the applicable legal terms (right to free resolution - see point 9).
Creativolution 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 Creativolution to control, such as human errors or incidents in computer systems, it will not be possible to make some of the products ordered by the User available. . 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 Creativolution.

3. Responsibilities
3.1 All products and services sold in the Creativolution Online Store are in accordance with Portuguese Law.
3.2 The Store has adequate levels of security, however Creativolution 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, by the computer system, by the connection software or any computer viruses or resulting from the downloading through the service of files infected or containing viruses or other properties that may affect the User's equipment. If, for any reason, due to an error in accessing the Creativolution Online Store website, it is impossible to provide the service, Creativolution will not be responsible for any losses.
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 Creativolution declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Creativolution will not be responsible for any losses or damages caused by abusive use of the Service that are not directly attributable to it through intent or gross negligence.
3.5 Creativolution 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 (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 violations of intellectual property, (III) for non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or (IV) for non-compliance or defective performance resulting the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to Creativolution 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 Creativolution that prevent or harm the fulfillment of the obligations assumed.
3.6. Creativolution does not guarantee that:
a) The Service is provided uninterruptedly, is secure, error-free or functions infinitely;

b) The quality of any product, service, information or any other material purchased or obtained through the Service meets any User's expectations in relation to it;
c) Any material obtained in any way through the use of the Service is used at the User's own risk, the User being solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.
d) 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.
3.7. The User accepts that Creativolution cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of the occurrence of these damages), resulting in:
a) The use or inability to use the Service;
b) The difficulty in obtaining any substitute for goods/services;
c) Unauthorized access or modification to personal databases.

4. Consumer Obligations
4.1. The user undertakes to:
a) Provide personal data and correct addresses;
b) Do not use false identities;
c) Respect the imposed order limits;
d) Check the size guide, if purchasing clothes, to be as informed as possible.
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 Creativolution declines any responsibility. If the consumer violates any of these obligations, Creativolution reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services simultaneously made available by Creativolution to the same User; and, furthermore, not allow the User future access to any or all services provided by Creativolution.
4.3. The use of products and services purchased for commercial purposes, namely for the purpose of reselling goods, is expressly prohibited.

5. Privacy and Protection of Personal Data
5.1. Creativolution 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 Creativolution. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Creativolution refusing to provide the Service.
5.3. The User's personal data will be processed and stored electronically for the time strictly necessary, and are intended to be used by Creativolution within the scope of the commercial relationship with the User. When a user signs up for the newsletter, they automatically authorize to receive Creativolution's marketing campaigns and can cancel their subscription at any time.
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 at Creativolution via email: info@creativolution.eu.
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 Creativolution 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 to Creativolution 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, Creativolution 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 Creativolution:

• Name you entered when placing the order
• Mobile number or email
• Delivery address

6.2 By decision of Creativolution:
Creativolution 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. Creativolution 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 Creativolution’s control.


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 14 (fourteen) days 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 purchased product that they intend to return and the date on which they made the purchase, as well as the corresponding invoice. Communication must be made in writing to info@creativolution.eu, within the deadline defined above.
Items can be exchanged by returning the item and placing a new order.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to Creativolution in the appropriate return conditions.
When making a return, please note the following:

• Product packaging and labels must be intact and undamaged.
• You must accompany the purchase receipt.
• We do not accept returns of intimate products.
• Return shipping costs are the responsibility of the customer.
• Shipping costs will not be refunded.

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 packaging and documents indicated must be sent to the following address:
Rua da Cavada, 121 – S. Cosme, 4420-074 Gondomar, Portugal.
7.2. Upon receipt of the return at Creativolution, the User will be refunded the amount corresponding to the amount paid for the product (amount on the sales invoice without shipping costs). 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, the User's NIB information is required and the refund is made to the indicated bank account. Refunds are made within 14 days of receipt of the returned product.
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, and the product will be sent back to the initial shipping address.


8. Manufacturing defect
8.1. In the event of a "manufacturing defect", when faults are detected in equipment that, in principle, do not fall within the scope of the respective warranty, if the size of the item of clothing does not correspond to the size guide, if the product is damaged during upon receipt, the User may return the item, free of charge. To do so, you must send an email to: info@creativolution.eu together with the following photographs:
- Photograph of the outside of the packaging
- Photograph of the open box, where the protections can be seen
- Photograph of the label applied by the carrier
- Photographs of the damage / defect
- Photograph of the transport guide found with the order.
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. If any of the elements mentioned above 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. Equipment and accessories have a warranty period defined by the manufacturer, which under legal terms is at least 2 (two) years. This period is considered from the date of 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, poor handling, infiltration of moisture/liquids, use of accessories not originals and technical interventions by unauthorized personnel.
9.4. If the equipment fails, and if it is covered by the warranty, the User can go with it, and respective proof of purchase and/or warranty, to a technical assistance center of the brand.
9.5. Accessories covered by the warranty, which are damaged, must be returned, with the corresponding proof of purchase and/or warranty, to the following address:
Rua da Cavada, 121 – S. Cosme, 4420-074 Gondomar, Portugal.
If the User chooses other forms of return, the respective shipping costs will be their responsibility. The User must always request the CTT receipt that proves the order was sent.
9.6. If the equipment fails and this failure is not covered by the warranty, the User may take the equipment, and respective 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 Creativolution.
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 indiscriminate 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 must also observe the rules for using the Service, under penalty of Creativolution suspending or deactivating the Service under the terms set out in point 14.
11.2. The User expressly acknowledges 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, so Creativolution does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. Creativolution 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 Creativolution and which cannot be controlled by Creativolution).
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, Creativolution 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, Creativolution 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. Creativolution also reserves the right to immediately suspend or terminate access to the Service in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Creativolution ceases access to the Store, upon prior notice 15 days in advance of the date of termination.
12.3. The suspension or termination of the Service by Creativolution, 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 Creativolution cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
12.4. In the situations described above, Creativolution 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 made 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 all communications and/or notifications tion related to the Online Store, to the address, contact telephone number and/or email address (“e-mail”) indicated in the ordering process.
13.3. At any time, you can request not to receive these communications and/or notifications through the Contact Form or through the “Do not receive the Newsletter” option included in each Newsletter.

14. Technical Settings
14.1. Without prejudice to the provisions of the following number, Creativolution 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 (fifteen) days in advance.
14.2. The version currently in force of these General Conditions and their annexes is available on the website www.creativolution.eu

15. Communications
15.1. Whenever Creativolution deems it necessary or convenient to optimize 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 taking into account the innovative nature of the Service and the technological developments to which it may be subject, Creativolution may change its technical configurations whenever this proves convenient to adapt it to possible technological developments.
15.3. However, Creativolution does not guarantee the User the performance of 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 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 Creativolution 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 Creativolution's information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days. days from the date of receipt.
16.3. Creativolution has an online complaints book.

17. Generic Arbitration Center (deal with all consumer disputes)
Porto Consumer Information and Arbitration Center (CICAP)

18. Applicable Law
The Contract is governed by Portuguese law.