The present document (henceforward called “Terms and Conditions”), states the terms and the general conditions of the use of the website www.pythagoras.pt which you just accessed, property of Conjugar Criativo, Unipessoa Lda., as well as the terms and conditions of the purchase and sales of the products commercialized by Conjugar Criativo, Unipessoal Lda., through the online store of the referred website (henceforward on called website and online store).
Identification of the website owner and supplier of the products
- The owner of the website and supplier of the products sold on the online store is: Conjugar Criativo, Unipessoal Lda., com sede na Rua dos Combatentes 13, 3105-437 Vermoil, henceforward simply “PYTHAGORAS”.
- Informations to the USER – PYTHAGORAS data:
- The contractual offer regarding the purchases and sales of the products sold by PYTHAGORAS in the online store is addressed only to people over-age and with fully capacity and who can, therefore, be held accountable for the commitments resulting from the purchase and sale. With that being said, when making orders through the online store, the USER declares to be over 18 years old and guarantees to have full legal capacity and powers necessary to enter into binding contracts, whether on his behalf or the organization he represents (when applicable).
- If the USER doesn’t agree with the Terms and conditions in its fullness, you should not access the website or the features and services associated with it, in particular the online store. In these terms, it is expressly established that the making of any and all purchases through the online store depends on the full acceptance of the Terms and Conditions, so if the USER does not accept them in these terms, he/she will not be able to make purchases through it.
- By accepting the Terms and Conditions, the USER makes such acceptance on his or her personal behalf and/or the organization he/she represents (where applicable), and expressly declares that he/she will not use the website and the features and services associated with its use, for any illegal and/or unlawful purposes, that constitute fraud or are not authorized.
- PYTHAGORAS reserves the right to change the Terms and Conditions at any time and without notice, so the USER must consult the Terms and Conditions before each use of the website and the associated features and services, in particular, before each use of the online store.
- Without prejudice of the preceding paragraph, any changes to the Terms and Conditions, after the Order Confirmation, do not bind the USER in cause to such order. In this case, the Terms and Conditions in force will apply at the date of confirmation of each order by the USER.
- PYTHAGORAS assures account security within the expected security measures and appropriate to platforms such as the website and its online store. In particular, PYTHAGORAS is not liable for losses deriving from interference, interruptions, computer viruses, malfunctions or disconnections of the operating system that may temporarily prevent access, navigation or the provision of services to Users.
- Under no circumstances may PYTHAGORAS and/or its representatives and employees be liable for any damages that may arise, even accidentally, from the malfunction of the website, in any way and for how long that lasts of such malfunction, or for any damage caused by reproduction, use or exploitation.
- The violation of these Terms and Conditions by the USER constitutes the basis for its resolution by PYTHAGORAS. In any case, the violation of the provisions of the Terms and Conditions by the USER and regardless of whether its resolution is carried out or not, it always gives PYTHAGORAS the right to be compensated for all the losses arising therefrom. In addition, PYTHAGORAS reserves the right, at its discretion, to terminate the use of the website and its features and services by the User concerned, with or without notification to the user, where the online store is included.
Data for user registration and purchases
- The access to the website is not subject to registration. However, to enjoy all the features and services of the website the USER must register on the website.
- The USER must register on the website by creating a USER account. For this purpose, the USER must fill out a form in which he must indicate, his first and last name, an email address, and a password.
- To purchase in the online store, the USER will be required to ask the data indicated in Article 8 of these Terms and Conditions.
- The USER is responsible for the veracity, completeness and lawfulness of the data provided, either at the time of registration or for the purpose of making purchases in the online store as well as for the respective updating. Accordingly, the USER shall be solely and exclusively liable for any false or inaccurate statements that it provides and, consequently, for repayment to PYTHAGORAS for all damages that it suffers as a result of non-compliance with this provision.
- All contents inserted in the USER's account, as well as all the activity that takes place there, are at the responsibility of the USER, and there is no obligation on the part of PYTHAGORAS to monitor the contents or (in)compliance with any responsibilities of the User, namely the fulfillment of obligations before other USERS or before national authorities.
- PYTHAGORAS does not have access or knowledge of the password defined by the USER for the purpose of accessing the website, and it is up to the USER to ensure the confidentiality of the password and ensure its protection and good use, as well as comply with good practices regarding the security of your account (in particular, changing the password regularly and avoiding connections through networks open to the public). As such, PYTHAGORAS cannot be held liable for damages arising from the loss or misuse of the keyword defined by the USER.
- The website offers a wide range of products, namely Games, organized by categories and subcategories, marketed by PYTHAGORAS in the online store, and they are available, indistinctly, for purchase and sale by Consumers or Professionals.
- PYTHAGORAS has made every effort to ensure that the information presented on the website and in its online store is free of typographical errors and, whenever they occur, PYTHAGORAS will correct them as soon as possible. Likewise, PYTHAGORAS will do its best to keep up-to-date product information contained on the website and in its online store.
- At any time PYTHAGORAS may change, delete or move any information on the website and its online store, without prior notice, including those relating to products, prices, promotions, offers, commercial conditions and services.
- The USER immediately accepts and expressly conforms to the following:
- The photos presented on the website are merely illustrative, and the USER must make the careful and full reading of the information about the description and essential characteristics of the products that are available on the website, and should, in case of doubt, contact PYTHAGORAS in order to obtain any additional;
- Detailed product information and their characteristics/specifications can be found with PYTHAGORAS through the contact details indicated in Article 2(2) of the Terms and Conditions;
- All products for sale on the website are subject of existing stock, without prejudice to PYTHAGORAS's commitment to present up-to-date information regarding the availability of the products included in the shopping cart;
- PYTHAGORAS will not assume responsibility for any discontinued articles;
- The prices and products available on the website are only valid for commercial transactions made through the online store.
Total product price
- The price of each of the products marketed by PYTHAGORAS is duly indicated on the website, in Euros, including VAT at the legal rate in force.
- The price of each of the products marketed by PYTHAGORAS and indicated on the website does not include the costs of transporting the products, per carrier, for delivery to the USER, costs that will not be borne by PYTHAGORAS, being distributed to a wide area of countries, which includes Mainland Portugal, Madeira Island, and Azores Island.
- Although PYTHAGIORAS tries to ensure that all prices on the website are correct, errors may occur. If PYTHAGORAS detects an error in the price of any of the products the USER has ordered, it will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If PYTHAGORAS is unable to contact the USER, the order will be canceled and you will be refunded in full the amount that has already been paid.
- The price of the products can be changed by PYTHAGORAS, without notice, until the time of the CONFIRMATION of the Order by the USER.
Purchase and Sale of products – processing and trading conditions
Selection of products to be included in the shopping cart and order completion
- The products that the USER wishes to buy must be inserted into the shopping cart, and the USER must select the desired product and its quantity, then press the option "Add to cart".
- At that time, PYTHAGORAS will present information regarding the availability in stock of each of the products selected by the USER, and it will not be possible to add products to the shopping cart, which are not available.
- Once the desired products are selected, and before proceeding with the order to be finalized, the USER may enter the discount coupon number, if applicable.
- Once the desired products have been selected and confirmed, in the shopping cart, the USER can proceed in order to finalize the purchase in the online store, by pressing the option "Finalize order".
Informações de faturação e de envio
- In accordance with the provisions of the preceding article, selected the products included in the shopping cart, the USER can proceed and finalize the purchase in the online store. To this end, the USER must fill out a form with the necessary information for billing purposes, including:
- Full name or denomination;
- Full address;
- Phone number;
- VAT to be included in the invoice.
- The billing data indicated in the previous number will be requested from the USER at the time of the first purchase through the website, being saved for the purpose of future purchases. In this way, they will not be requested again, and it is up to the USER to update such data whenever there is any change.
- Filled out the form with the billing data, or confirmed the existing ones in the customer account at the time of each purchase, the USER must confirm that the address indicated for billing purposes is the same for the purpose of delivery of the products or, not being the same, indicate the full address for this purpose.
- After the USER indicates the desired address for the purpose of delivery of the products, in accordance with the preceding paragraph, the foreseeable deadlines, on working days, for the dispatch and delivery of the products to the USER, in accordance with the provisions of Article 11(1), as well as the way of dispatch (if by CTT, if by carrier, will be presented, in accordance with the provisions of Article 11(1), as well as the way of sending (if by CTT, if by carrier, accordance with Article 11(3).
- Indicated or confirmed billing and shipping information, the USER must select the respective payment method, having available the following options for Mainland Portugal, Azores Archipelago and Madeira Archipelago:
- Credit Card (Visa, Mastercard);
- ATM (through reference)
If the USER selects the ATM option, it will be indicated as soon as they finalize the order, and then sent, in the order confirmation email, the necessary data for the payment of the total price of the products, namely the entity, reference, and value of the order. If the order is not paid within 5 days of sending the order confirmation email, the order will be immediately canceled.
- Indicated or confirmed the billing and shipping information, the USER must select his/her payment method, having the following options available for Europe and the rest of the world:
- Credit Card (Mastercard e Visa)
- Google Pay
- Apple Pay
- American Express
- Before confirming the order, the USER commits to verify the data contained in his order summary, confirming the user's data, the products selected in the shopping cart, the respective mode of delivery and payment method and should go back to the previous steps in order to rectify them if he/she finds any non-conformity.
- While confirming the order, the USER concludes a purchase and sale contract with PYTHAGORAS, expressing his full and complete acceptance of the description of the products contemplated in the transaction, their prices and these Terms and Conditions, which contain the only applicable provisions between USER and PYTHAGORAS. As such, the USER shall immediately print and archive the Terms and Conditions for future inquiries.
- The effectiveness of the purchase and sale contract, however, is conditional on the full payment of the value of the order by the USER.
After the confirmation of the order by the USER, he/she will receive an e-mail confirming that the order has been received by PYTHAGORAS (Order Confirmation email).
The Order Confirmation email will contain a summary of the information about the order placed, including the payment details of the products according to the payment method selected by the USER and its deadline, the billing and shipping information, the identification of the products, their quantities and prices, as well as the total price. If any data is not correct, the USER should immediately ask FOR A CHANGE TO PYTHAGORAS.
The invoice will be issued after the payment of the total price of the products, and then sent to the USER along with their order. Once issued, the invoice cannot be reissued with changes.
All orders for products in the online store will be subject to their availability in stock. PYTHAGORAS is not obliged to provide products that are unavailable, so if the products ordered are not available in stock, for whatever reason, PYTHAGORAS will inform the USER immediately after the knowledge of this unavailability and will act in accordance with the following paragraphs.
If the unavailability of any of the products ordered by the USER is temporary, making it impossible to deliver them within the agreed deadlines, PYTHAGORAS will contact the USER seeking to agree with the user a new delivery time, and the order will only continue after the user's consent (via email).
If this unavailability is permanent, PYTHAGORAS may propose to the USER the supply of a product of equivalent quality and price, if any, and, also in this case, the order will only continue after the user's consent (via e-mail).
If none of the situations provided for in the preceding numbers is accepted by the USER, the order will be canceled in relation to the missing products, and PYTHAGORAS will refund the amounts paid by the USER, within a maximum period of 30 (thirty) days after the cancellation is made.
Delivery of products and their deadlines
- The foreseeable deadlines, on working days, for the shipment and delivery of the products to the USER, are the following:
- For deliveries in the Azores and Madeira Archipelagos, the delivery time of the products is 20 working days;
- For deliveries in Europe, the delivery time of the products is 7 working days;
- For deliveries in the rest of the world, the deadline is 15 working days.
Always from the date of full effectiveness of the purchase and sale contract, in accordance with paragraph 3 of the previous article.
- Nonetheless, the deadlines set in the preceding paragraph, delays may occur for any of the following reasons, not attributable to PYTHAGORAS, and therefore will not entitle the USER to any right to compensation:
- Delays in the transport of products;
- Difficulties in delivering to the recipient;
- Local holidays.
- For delivery of the products to the USER, PYTHAGORAS will use, indistinctly and at its criteria, the services of CTT or carriers.
The delivery of the products by carrier will be made either to the USER himself or to the person receiving the order at the address indicated for this purpose by the USER.
- For the purposes provided in the preceding paragraph, the USER must ensure the presence of someone at the delivery address of the products. If on the date of delivery of the products, the USER or other person indicated by him is not at the address indicated for this purpose, the USER will be directly contacted by the carrier in order to schedule a new delivery date. The USER may reschedule the delivery, within a maximum of one month from the day previously scheduled, provided that he has made the payment of the previous trip. By not doing so, the order will be canceled, in which case PYTHAGORAS will return to the USER the amount he has paid, minus the costs of the trip.
- The delivery of the products by the CTT will be made to the USER himself who, for this purpose, must provide his identification document to the CTT for confirmation purposes. When not delivering the products to the USER, either because the user is not at the address on the day of delivery, or for lack of pickup of the order in the CTT, the CTT's own rules will apply, and if the order ends up being returned to PYTHAGORAS, it will be up to the USER to proceed to the pickup at PYTHAGORAS facilities.
- PYTHAGORAS refuses any responsibility for any delay or impossibility of delivery of the order, from acts for which it is not responsible.
- The deadline for the delivery of the ordered products is 45 (forty-five) working days from the day following the confirmation of payment of the total price of the products.
- For the purposes of these Terms and Conditions, a "delivery" shall be considered to be made or a product shall be considered "delivered" with the signature of the delivery receipt at the agreed address.
- PYTHAGORAS does not exchange. As such, in case of user error, the user must return the product by applying, for this purpose, for the Right of Resolution clause, and then make a new order, with the products you want.
Garantia dos Produtos
- PYTHAGORAS responds, under the terms and conditions set forth in Decree-Law No. 67/2003, of April 8, with the amendments of Decree-Law No. 84/2008 of May 21, for any lack of conformity of products that exist at the time the products are delivered to the USER.
- Os produtos não são conformes com o contrato de compra e venda quando se verifique algum dos seguintes factos:
- When the products do not comply with the description made of them by PYTHAGORAS on its website or do not have the qualities that PYTHAGORAS has presented to the USER as a sample or model;
- When the products are not suitable for the specific use for which the USER detains them and from which he informed PYTHAGORAS when he concluded the contract and which it has not been accepted;
- When the products are not suitable for the uses normally given to goods of the same type;
- When the products do not present the usual qualities and performance in goods of the same type and that the USER can reasonably expect, taking into account the nature of the goods and, where appropriate, the public statements about their specific characteristics made by PYTHAGORAS or the brand, in particular in advertising or labeling.
- In the terms of Decree-Law No. 67/2003 of April 8, from Portugal, the warranty period for products marketed by PYTHAGORAS in the online store is 2 (two) years.
- The warranty of conformity of the products applies exclusively to sales made to the final consumer, as defined in Law No. 24/96 of 31 July, of Portugal, with subsequent amendments.
- In sales to professionals, PYTHAGORAS also responds, under the terms and conditions set forth in the Civil Code, for any defect of the products that exist at the time the products are delivered to the USER, being the warranty period of 6 (six) months, from the date of delivery of the products to the USER.
- There’s no lack of conformity or defects in the Products, within the meaning of applicable law if, at the time the contract is concluded, the USER becomes aware of such lack of conformity or defects or cannot reasonably ignore them.
- There’s also no lack of conformity or defects in the Products, PYTHAGORAS' liability, the occurrence of vices, defects, or malfunctions of the Products for which PYTHAGORAS is not responsible, in particular when the following are the following situations:
- The transport, installation or assembly of the Products, when such operations are carried out by the USER or by a Third Party by the designated party;
- By the non-use of the products in a careful, diligent and/or in accordance with their instructions and user manuals;
- By the use of the products for the purpose other than for which they are intended;
- Norma tear of products;
- Modification or alteration of products.
- If any purchased Product does not comply or suffers from any defect, the USER must report the situation to PYTHAGORAS in writing, presenting the respective invoice the description of non-conformity, and the respective products must be delivered to PYTHAGORAS for evaluation.
- Upon the receiving of the products at PYTHAGORAS facilities, there will be made the verification of the reported non-conformity and, in case of any lack of conformity of the responsibility of PYTHAGORAS, the USER, within the limits stipulated in the following paragraph, will have the possibility to choose between one of the following options:
- Repair of the Product at no cost included;
- Replacement of the Product with another one with identical characteristics;
- Reduction of the price of the Product;
- Resolution of the Contract, in accordance with the following Clause, with the appropriate adaptations.
- The USER may exercise any of the rights referred to in the preceding paragraph, unless this is impossible or constitutes abuse of rights, in general terms.
- The costs of returning or collecting the products within the period of warranty shall be supported by PYTHAGORAS anytime that it’s conclude that the non-conformity in question, is under the warranty period.
Free contract resolution
Right of free contract resolution
- This clause applies exclusively to sales made to the final consumer, as defined in Law No. 24/96, of 31 July, from Portugal, with the subsequent amendments.
- The USER has the right of free resolution of this contract within 14 calendar days, without the need to indicate any reason. The period for exercising the right of resolving expires within 14 days of:
- On the day that the USER or a third party, with the exception of the carrier, indicated by the USER, acquires physical possession of the product; or
- On the day on which the USER or a third party, with the exception of the carrier, indicated by the USER, acquires the physical possession of the last product, in the case of several goods ordered by the USER in a single order and delivered separately.
- The right of free resolution may be exercised by the USER for all purchased products or only for some of the products included in an order. To this end, the USER must complete the 'Free Resolution' template, or direct a written and unambiguous communication of his decision to resolve, and may do so by registered letter sent by post to the address of PYTHAGORAS, or by e-mail to the email address of PYTHAGORAS, addresses which are indicated in Article 2, paragraph 2 of these Terms and Conditions.
- To this end, the USER must complete the model of "Free Resolution", or direct a written and unambiguous communication of his decision of resolution, If the USER sends the resolution by e-mail, PYTHAGORAS will send the USER, by e-mail, a notice of receipt of the request for resolution, within 24 hours.
- In order for the resolution period to be respected, it is sufficient that the communication concerning the exercise of the free right of resolution is sent before the expiry of the resolution period provided for in paragraph 2 of this Article.
Obligations of the parties arising from the free resolution of the contract
- When the products have already been delivered to the USER, the user must, within 14 (fourteen) days from the date on which he has communicated his decision to resolve the contract to PYTHAGORAS, return or deliver the products to PYTHAGORAS, at its facilities, in charge of the costs arising from the return of the products.
- In case of resolution of this contract, all payments made by the USER will be reimbursed, including any costs of delivery of the products to the USER (except when the user has requested a more expensive delivery method than that commonly accepted), no later than 14 days after the date on which PYTHAGORAS is informed of the decision to resolve the contract by the USER. PYTHAGORAS reserves, however, the right to retain reimbursement of the amounts paid by the USER until the products are returned to him.
- The refund will be made using the same means of payment used in the initial transaction, unless otherwise expressly agreed by the USER.
- The USER must keep the products in such a way that he return them in the proper conditions of use, in their original complete packaging, and always accompanied by the original cash receipt or invoice.
- The contractual right to return the products applies exclusively to products that can be returned under the same conditions in which the USER received them. Any product that has been damaged or shows signs of use beyond the mere opening of the external packaging of the same, in particular because its labels have been removed/cut, does not entitle any refund of any amount.
- The USER may not resolve the contract when the transacted product has been, in any of its components, made according to user specifications or customized.
- If the above conditions do not check, the return will be rejected, and an email will be sent to the USER indicating the respective reasons. The USER will have, in this case, the option of requesting the resubmission of products not accepted for return, and the shipping costs are supported.
- The USER acknowledges that ownership and title over all intellectual property rights, including rights in the software, codes (source, object, etc.), copyright, trademarks and trade secrets, are and will remain the property of PYTHAGORAS.
- Likewise, the workflow processes, user interface, designs, know-how and other technologies provided by PYTHAGORAS as part of the service are the property of PYTHAGORAS, as well as all rights, titles and interests relating to these, including all associated intellectual property rights, which remain so with PYTHAGORAS.
- The registration and creation of an account by the USER does not assign to the user any license as to these rights, nor can it be presumed, at any time, that it assigns.
- These terms do not assign the USER any rights to use any trademarks and/or logos belonging to PYTHAGORAS.Os presentes termos não atribuem ao UTILIZADOR quaisquer direitos para usar quaisquer marcas e/ou logotipos pertencentes à PYTHAGORAS.
- The USER shall not copy, translate, disassemble or decompile, create or attempt to create, by reverse engineering or otherwise, the source code and/or object of PYTHAGORAS.
- The USER shall not remove any notices of confidentiality or intellectual property.
- PYTHAGORAS guarantees that, within the expectation and reasonable knowledge they have, it does not infringe any intellectual property rights of third parties.
- PYTHAGORAS reserves reservations about all rights that are not expressly provided for and listed in this clause and cannot at any time be interpreted in a different way, and must, in case of doubt, always be interpreted as meaning that the use in doubt is expressly prohibited by PYTHAGORAS.
- The USER is expressly prohibited from the following actions:
- Copy or reproduce the contents of the website and/or the online store, except to the extent strictly necessary to allow you to read online;
- Create any link resending to the website and/or the online store and using the framing or in-Line linking technique;
- Sell, resell, redistribute or sublicense any product marketed by PYTHAGORAS, namely in the online store;
- Use the website or online store to store or transmit illegal or illegal material;
- Use the website or online store to store or transmit material that violates the rights of third parties;
- Interfere with or disrupt the integrity or execution of the services on the website or in the online store;
- Seek or gain unauthorized access to PYTHAGORAS and/or its computer systems;
- Decompile, disassemble, reverse engineer PYTHAGORAS;
- Seek to obtain the source code, modify, decrypt, or create derivative works from the website or online store, or any services provided in its scope or otherwise provided by PYTHAGORAS;
- Access or use the website or online store to build a competing service and/or product, or copy any feature, function or graphic for competition purposes.
- If the USER violates any of the above mentioned provisions, in addition to the right of PYTHAGORAS to immediately resolve this Agreement, the USER undertakes to compensate PYTHAGORAS in an amount never less than 500,000.00 € (five hundred thousand euros), without this amount precluding the right to claim additional compensation in court for damages, compensation paid to third parties and costs of courts and forensic representation.
- PYTHAGORAS, as responsible for the treatment, respects the privacy of the USER. Any and all personal data collected on the website will be kept confidential and will not be sold, communicated or, in any way, reused by third parties without the user's permission.
- Any personal data that is provided to PYTHAGORAS will be treated in accordance with the relevant legislation, best practices and ensuring all technical and organizational security measures for the protection of them, which are used for the sole purpose of executing the USER's purchase order and improving their experience on the website.
- The USER may not use software tools to collect personal information, such as robots, crawlers or other automatic mechanisms.
User support and complaints
The USER may address comments, suggestions or complaints to PYTHAGORAS by telephone contact, to the number +351 916 424 712, available from Monday to Friday from 9:00h to 13:00h and from 14:00h to 18:00h, or through the email contact, to the following addresses: firstname.lastname@example.org or email@example.com
THE USER DECLARES TO HAVE READ AND UNDERSTOOD THE PRESENT GENERAL CONDITIONS, AS WELL AS THE POLICIES ASSOCIATED WITH THEM, AND THAT HE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE, BEFORE ACCEPTING THEM. IT ALSO ACKNOWLEDGES THAT IT IS THE COMPLETE AND EXCLUSIVE DECLARATION OF THE AGREEMENT BETWEEN YOU AND PYTHAGORAS, WHICH DERODES ANY PROPOSAL OR PREVIOUS AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PYTHAGORAS, RELATING TO THE SUBJECT OF THIS CONTRACT.