Dat Luck Online Store Terms and Conditions
1. Scope and Object of the General Conditions of the Store
These General Conditions are intended, with the order form and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Dat Luck Online Store Service, headquartered at Avenida Padre Inácio Antunes nº31 2475-102, Benedict.
The Service consists of the availability, through the address www.datluck.com access to the Online Store, which, in addition to providing information on a set of products and/or services, allows the User, by electronic means, to order the products disclosed therein, under the terms and conditions described herein.
The order of products must be made by Users aged 18 (eighteen) or older (individuals under the age must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, the User recognizing the electronic purchases, and the User cannot claim the lack of a signature for non-compliance with the assumed obligations.
Dat Luck reserves the right to freely modify this pre-contractual information in order to adapt it to the applicable legislation, without the need for any prior notice. It is considered that when validating an order, the customer is easily accepting our general conditions of sale.
The website www.datluck.com has links to other websites, which may contain useful information/tools for their users. These general conditions will not apply to third-party websites. Therefore, if the user visits another website, redirected from our website, he should read its privacy policy.
Dat Luck reserves the right to modify unilaterally and at any time, without prior notice, the presentation and content of the website, its services and the general conditions of use, with the exception of contracts already concluded and in execution. These modifications will serve to improve the website, while improving the services offered to the website user who, if they do not agree with the changes introduced, may terminate the contract.
2. Product and Content Information
2.1 Dat Luck will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever they occur. If you purchase a product that has different characteristics from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right of free termination - see point 9).
Dat Luck will do everything possible to ship all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by Dat Luck, such as human errors or incidents in the computer systems, it is not possible to provide some of the requested products by the User. If any product is not available after placing the order, you will be notified by email or by telephone. At that time, you will be presented with the possibility of canceling the order with the respective refund, if you have already made the respective payment.
All information about pricing, products, specifications, promotional actions and services may be changed at any time by Dat Luck.
2.2 Classification of articles
2.2.1 Exhibition - may have cosmetic or handling marks (some part may possibly be missing, which does not prevent its normal functioning).
2.2.2 Refurbished - equipment with usage marks (tested and reconfigured to be 100% operational and functional).
3. Responsibilities
3.1 All products and services sold on the Dat Luck Online Store are in accordance with Portuguese law.
3.2 The Store has adequate security levels, however Dat Luck will not be responsible for any damages 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, the computer system, modems, connecting software or any computer viruses or resulting from downloading through the infected files service or containing viruses or other properties that may affect the User's equipment. If for any reason of an error in accessing the website of the Dat Luck Online Store it is impossible to provide a service, Dat Luck will not be liable for any damages.
3.3 Data and information queries carried out within the scope of this Service are presumed to have been carried out by the User, and Dat Luck declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Dat Luck will not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it as intent or gross negligence.
3.5 Dat Luck 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 by way of intent or gross negligence, not being responsible in particular for
3.5.1 Errors, omissions or other inaccuracies relating to information made available through the Service;
3.5.2 Damage caused by the fault of the User or third parties, including infringements of intellectual property,
3.5.2 For non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or
3.5.4 For non-compliance or defective compliance resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, external to Dat Luck 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 beyond the control of Dat Luck that prevent or hinder the fulfillment of assumed obligations.
3.6 Dat Luck does not guarantee that:
3.6.1 The Service is provided uninterruptedly, is secure, error-free or functions infinitely;
3.6.2 The quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the User in relation to the same;
3.6.3 Any material obtained in any way through the use of the Service is used at the User's expense and risk, and the User is solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from this operation.
3.6.4 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 Dat Luck cannot in any way be held liable for any damage,
3.7.1 The use or impossibility of using the Service;
3.7.2 The difficulty of obtaining any substitute for goods/services;
3.7.3 Unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1 The user undertakes to:
4.1.1 Provide personal data and correct addresses;
4.1.2 Do not use false identities;
4.1.3 Respect the order limits imposed.
4.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the User is responsible, and Dat Luck declines any responsibility. In case the consumer violates any of these obligations, Dat Luck reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by Dat Luck to the same User; and also not to allow the User to access any or any services provided by Dat Luck in the future.
5. Privacy and Personal Data Protection
5.1 Dat Luck guarantees the confidentiality of all data provided by Users.
5.2 Personal data identified in the order form as being mandatory are essential for the provision of the Service by Dat Luck. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to the refusal to provide the Service by Dat Luck.
5.3 The User's personal data will be processed and stored by computer and are intended to be used by Dat Luck in the context of the contractual and/or commercial relationship with the User.
5.4 Under applicable law, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request.
6- Product and price information
6.1 Dat Luck takes into account the information regarding the essential characteristics of the products through technical descriptions shared by its suppliers, and photographs that illustrate the products sold, in strict compliance with the best market standards.
6.2 The retail prices indicated on www.datluck.com and its domains are presented in euros. VAT is included in all prices mentioned.
6.3 The costs of the shipping service may be borne by the user and the buyer, and are added to the total value of the selected products. You will be informed of these charges before confirming your order and completing the purchase process. Dat Luck reserves the right to change prices at any time. However, Dat Luck undertakes to apply the rates and prices indicated at the time of placing the purchase order.
6.4 In the event of a computer, manual, technical or any other error that causes a substantial change not foreseen by Dat Luck in the sale price to the public, in such a way that it becomes exorbitant or manifestly insignificant, the request purchase will be considered invalid and void.
6.5 The prices of products available on www.datluck.com are valid for purchase orders made through www.datluck.com , and are the same as those presented in the physical Dat Luck store.
7. Cancellation of Return Orders (Right of Resolution)
7.1 Upon User's Request
The User may cancel his order by requesting Dat Luck through the telephone number or e-mail referring to the order number, which will be accepted as long as it has not yet been processed. After processing, Dat Luck will attempt to deliver it, but the User has the option of not accepting it.
For the purpose of cancellation, the User must provide Dat Luck with the following information:
a) Order number
b) VAT number with which you placed the order and delivery address
7.2 By decision of Dat Luck
Dat Luck 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. Dat Luck 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 outside Dat Luck.
8. Return (Right of Resolution) / Manufacturing Defect
8.1 The User, in the case of being a consumer, may exercise the right of withdrawal without demanding any compensation, within a period of 14 (fourteen) days from the day the consumer acquires physical possession of the good.
To exercise this right, the User must indicate all of his/her identification data, the subscribed service or equipment that he/she intends to resolve and the date of subscription or purchase. The communication must be made, by email, by returning the purchased good, or by other suitable means that can be proven within the period defined above.
The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to Dat Luck in the proper conditions of use.
The package must be returned complete, as delivered and accompanied by all the documentation received, namely, the following documents: sales invoice and the document proving receipt of the product. The packaging and documents indicated must be sent at the customer's expense to the following address:
Dat Luck
Avenida Padre Inácio Antunes nº31 2475-102, Benedita
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
8.2 Upon receipt of the return at Dat Luck, the amount corresponding to the amount paid for the order (sales invoice value) will be returned to the User. If you have used a promotional discount code, this amount will not be refunded, ie the refund will only be for the amount actually paid.
8.3 Reimbursement will be made using the same payment method used, without prejudice to the customer. The refund is made up to 14 days after the receipt of the will for free resolution and the receipt of the return of the good.
8.4 In the absence of any of the components of the item sold or, if any of them are not in excellent condition, there will be no refund of the price or postage, and the product will be sent back to the initial shipping address.
8.5 In the event of a "manufacturing defect", that is, when malfunctions are detected in the equipment that, in principle, do not fall within the scope of the respective warranty, the User must return the equipment, together with a copy of the invoice and the form " Request for Exchange / Return of Equipment" completed, within a maximum period of 30 consecutive days from the invoice date, to the following address:
Dat Luck
Avenida Padre Inácio Antunes nº31 2475-102, Benedita
If the User chooses other forms of return, the respective shipping costs will be their responsibility.
8.6 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 its constituent components, in excellent condition.
8.7 In the absence of any of the elements mentioned above, 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 Manufacturing defect
9.1 All equipment available in the Store is duly certified by the competent international entities.
9.2 Equipment that has exceeded the period defined by the manufacturer or has defects caused by abnormal wear, improper installation, bad weather, electrical discharge, negligence or accidents, poor handling, moisture/liquid infiltration, use of accessories are considered outside the warranty conditions non-original and technical interventions by unauthorized personnel.
9.3 For warranty purposes:
9.3.1 Exhibition Equipment covered by 1 year warranty
9.3.1 Refurbished equipment covered by a 6-month warranty
9.4 If the equipment breaks down, and if it is covered by the warranty, the User may go with it, and the corresponding proof of purchase and/or warranty, to a brand's technical assistance center.
9.5 The accessories covered by the warranty, which break down, must be sent, with the respective proof of purchase and/or warranty, to the following address:
Dat Luck
Avenida Padre Inácio Antunes nº31 2475-102, Benedita
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 has been sent.
9.6 If the equipment breaks down and this failure is not covered by the warranty, the User may go with the same, and the corresponding proof of purchase, to a branded service center.
10. Intellectual Property
10.1 The Store is a registered website and the Service provided by the website itself is the responsibility of Dat Luck.
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, the use of that information and those data will be carried out in compliance with the applicable legislation on personal data protection - Law 67/ 98 of 26 October, Data Protection Law - in order to ensure the confidentiality and security of personal data provided.
10.3 The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by copyright laws re related rights, by industrial property laws and other property protection laws, whereby any use of such content may only take place under the express authorization of the respective holders.
10.4 The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from performing any acts that may violate the law or such rights, such as reproduction, commercialization, transmission or making available to the public such contents or any other unauthorized acts that have the same contents as their object.
11. Communications Complaints
11.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made to the User's e-mail address, by SMS or by contact telephone.
11.2 The User accepts to receive any and all communication and/or notification related to the Online Store, to the address, telephone number and or email address (“e-mail”) indicated in the order process.
At any time, you can request not to receive these communications and/or notifications through the Contact Form.
12. Technical Settings
12.1 Without prejudice to the provisions of the following paragraph, Dat Luck may change the Service and/or the technical conditions for providing it, as well as the respective rules of use, and shall disclose such changes to the User at least fourteen (14) in advance days.
12.2 The version in every moment into force of the General Conditions and its annexes is available at the website contacto.datluck@gmail.com.
13. Communications
13.1 Whenever Dat Luck deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
13.2 Without prejudice to the provisions of the following paragraphs, and bearing in mind the innovative nature of the Service and the technological evolutions to which it may be subject, Dat Luck may change its technical configurations whenever deemed convenient to adapt it to possible technological developments.
13.3 Dat Luck does not, however, guarantee the User to carry out any upgrades or improvements to the Service.