These Terms and Conditions (hereinafter “Terms and Conditions”) govern your use of the Website, accessible from www.simetik.com (hereinafter “Website”).
SIMETIK LDA (hereinafter “SIMETIK”) is the legitimate and exclusive holder of the Website.
The use of the Website by the customers of SIMETIK (hereinafter “Customer”) or users of the Website (hereinafter “the User”) presupposes and implies the knowledge and acceptance by the Customer and User of these Terms and Conditions. By consulting, using or downloading the content of the Website, you are agreeing to comply with the conditions set out in this document. The User may use the Website without the need for any registration. However, some of the features of the Website may be subject to registration.
The Client and the User declare that they have the necessary legal capacity to accept these Terms and Conditions.
By accessing and using the Website, as well as acquiring products contained therein, you agree to the terms of use of the Website. SIMETIK reserves the right to change these Terms and Conditions, freely and at any time.
Access to this Website is temporary, SIMETIK reserves the right to withdraw or change products without prior notice, as well as to restrict access to some areas without defined time.
In the event that one or more provisions of these Terms and Conditions are withdrawn by legislative, regulatory or court decision, all other provisions shall remain applicable.
Website Registration
Registration on the Website is free.
The User must complete all fields of the registration form on the Website and provide complete and accurate information. You are responsible for any consequences of the incorrect indication of the information provided, in particular the billing and shipping data.
Responsibilities
SIMETIK reserves the right to suspend, without prior notice or indemnification and without liability, access to the Website, temporarily or permanently. SIMETIK does not guarantee that the Website will operate without interruptio.
SIMETIK is not responsible for the misuse by third parties of the User Name and / or access password and its possible consequences. SIMETIK also reserves the right to make corrections and changes to the Website without prior notice and does not guarantee that all information published on the Website is in compliance with the legislation in force in the user’s jurisdiction.
Products Description
All articles presented on the Website are described as accurately as possible. The User should read the description of the articles as closely as possible and, should you have any questions, you should contact SIMETIK through the contacts available. Due to the type of access used, color settings, web browser or otherwise, the colors shown in the photographs of the Website may differ from the actual colors. SIMETIK can not be held responsible for such differences, since the photographs are only illustrative.
Orders
The realization of purchases through the Website implies the creation or existence of online registration by the User, with the availability of all data requested for this purpose. During the purchase process, the User must indicate the data necessary to process the order (such as delivery address or billing data). The conclusion and payment of the order imply the validation by the User of the presented data.
SIMETIK makes every effort to ensure that the photographs of the products presented on the website are as close as possible to the color level. However, color is a factor that depends on each monitor and its settings. In this regard, we can not guarantee that your monitor will reflect the actual color of the product. All measurements are approximate, however we make every effort to ensure they are as accurate as possible.
We take the necessary precautions to ensure that all details, descriptions and prices of products displayed on the Website are correct.
SIMETIK reserves the right to refuse or cancel any order, exempt from liability for any damages or costs, in particular in the following situations:
- Due to unavailability, stock breach or unforeseen supply;
- When the billing information is not correct or verifiable;
- When the payment for the order is not received by us within 5 working days after acceptance of your order;
- In case of suspicion of a false or fraudulent order;
- In case of an error in the price quotation;
- When it is not possible to deliver at the address provided;
- In case of suspected User not complying with the conduct policy of the Website.
SIMETIK reserves the right to inform the user about the refusal of the order in question and to propose or request alternative resolution solutions. In the event of a consensual solution or contact with the User, the order will be canceled by SIMETIK, and a full refund will be made of the amount paid by the User, to be returned by the same payment method.
After confirmation of payment, the User will receive an automatic email confirming the order, accompanied by the order detail. In case the payment is not made at the time of purchase online, the User will receive an additional email with the order details and payment instructions. Failure to pay the order within the maximum period stipulated in this email implies its automatic cancellation.
After the validation of the payment, SIMETIK will begin the preparation and delivery of the merchandise. If the order is not paid when SIMETIK is carried out, SIMETIK does not guarantee the availability of stock or delivery date chosen by the user and may change.
In the event that the information presented is subject to an error, the user is entitled to terminate the purchase and sale agreement in accordance with applicable legal terms.
Order cancelation (by customer)
Customers can cancel orders until they were shipped.
At the amount to be refunded will be subtracted Paypal fees, once Paypal doesn’t refund us their fees in case of order cancelation and consequent customer refund.
Paypal fees are:
- 3% For payments in Euros
- 5% For payments in different currency.
Example: One order of 100€ to USA, in case of cancelation, customer will be refunded 95€.
Orders for customized products can’t be canceled.
Shipping
The orders are shipped from Portugal, and have a processing time that can vary between one and five working days. If this period is higher the customer will be informed by email, and can cancel the order if he want so. Once shipped, the average shipping time is 4 working days for Europe and North America. For other countries please contact Simétik.
Package delivery
Once the order has been shipped, you will receive a confirmation email, the assigned shipping number and a link so that you can track the order on the carrier’s website. Shipping may take up to 24 hours after receipt of the shipment confirmation to be updated on the carrier’s website.
The orders are delivered, on working days, at the address that the Customer indicates when making the same. An attempt shall be made to deliver by a courier from the carrier chosen at the address indicated by the Client. It is not possible to choose a specific delivery time, since it will be conditioned by the route defined by the carrier to the courier on the day of delivery.
The provision of an incorrect or incomplete delivery address may lead to its return to SIMETIK, causing additional costs for the Customer, so we recommend that you always make sure that the delivery address indicated when registering the order is actually correct and complete . Once the order is processed, it is not possible to change the delivery address or billing data indicated.
At the time of delivery, the Customer must check the packaging and the product sent in order to check for any damages. If you find that the order is damaged, you should not accept delivery and should be returned immediately.
Payment options
The Customer can pay by Paypal, and payments by bank transfer are only possible for purchases in the European Union. The amount paid by the Client includes the price of the Article and the shipping costs fixed by SIMETIK in the Shipping section. This table is based on Fedex (USA and Canada) Shipping Rates and TNT (rest of the world), taking into account the weight of the item and the geographical location of the Customer. Sending orders to countries outside the European Union may be subject to the payment of customs duties. These rates vary by country and are the responsibility of the Customer.
Order Return Information
Within 14 days of receipt of the order, the Customer may exercise the right of free decision to SIMETIK, simply by clearly and unequivocally expressing this intention and returning the products purchased, and shall be responsible for the cost of shipping to SIMETIK.
If your return is justified by the existence of defects in the products ordered, SIMETIK will bear the costs of shipping and return and according to the analysis of the product made by the brand. If your return has been made for reasons other than the justified existence of defects of the products ordered, SIMETIK will not reimburse the costs of shipping.
Refunds will be made based on the form of payment, and you must indicate your bank details at the moment you start the return process, in case you have paid by bank transfer. This indication is necessary so that we can refund the money to your account. The Customer will receive the refund after the product (s) have been returned and processed.
For more information about the return process, please contact us.
The Client must keep the goods in order to be able to return them to SIMETIK under proper conditions of use, with all its original components, accessories and packaging, but may, with due care, inspect and handle the good. SIMETIK reserves the right not to accept the return of articles that have signs of misuse or that have been tampered with in their original condition.
The Client is not entitled to terminate the contract in the case of custom and / or customized products or that, by their nature, jeopardize the proper safety and hygiene conditions of the product in question.
Safety
The Website is equipped with security systems in order to guarantee the protection of the data entered by the User, as well as to prevent unauthorized access to them, their improper use, their disclosure, loss or destruction.
The Simetik Website is protected by Secure Socket Layer certificates and your information will be encrypted. Although we use encryption software, the security of information and payments transmitted over the Internet or via email can not be guaranteed.
Payment and credit card data are not stored on our Website and transactions are processed directly on the external platform of Paypal that meets all the security requirements necessary for this type of operations.
It is the responsibility of the User to ensure that access to the Website is performed on a secure device whose operating system is properly updated and protected against harmful software or computer viruses. The User is solely responsible for ensuring its protection and security in accessing the Website.
In this sense it is recommended that the user always take into account the following safety recommendations:
- Do not use computers or other public devices to enter personal data, such as credit card numbers;
- Safeguard the confidentiality of your personal data;
- Do not lose or forget your access codes and password;
- When completing an access to your personal area, always end the session;
- Always use an updated antivirus on your device;
- Make sure your operating system is up to date;
- Make sure your browser is up to date;
- Use a firewall enabled: Having a firewall installed and enabled blocks some attempts of external access to the computer, making it less vulnerable.
SIMETIK shall not be liable for any damages suffered as a result of the use of electronic means of communication including, but not limited to, recurrent damages from failures or delays in the delivery of electronic communications, interceptions or manipulations of electronic communications by third parties or by used for communication or transmission of viruses.
Product and pricing information
The data, prices and specifications present on the Website are presented for information purposes only, and SIMETIK reserves the right to modify the information and commercial offer presented on products, prices, promotional campaigns and conditions at any time without prior notice. commercial purposes.
The published prices are valid for purchases made on the Website. The prices are all quoted in Euros (€).
The total price specified in the final order menu includes item price and shipping costs as well as VAT if it is a sale to the European Union, in which case the VAT rate in force in the country of origin.
The prices of the products presented on the Website are subject to change. SIMETIK reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.
Our Website is updated with extreme care, however, it is possible that the price information on the Website may contain errors. SIMETIK is not committed to the offer and reserves the right to cancel your order in the event of such an error occurring.
The stock information for each article is updated regularly, but is for informational purposes only, so there may be a mismatch between the information presented online and the actual stock. SIMETIK makes the necessary efforts to ensure that the information presented is error-free, in particular as regards the characteristics of the products and their prices, stocks and photographs. Nevertheless, SIMETIK is not responsible for the accuracy or completeness of any information provided on the Website. In case of doubt or clarification, the User may contact any of the available means of contact.
Privacy policy
SIMETIK is committed to protecting the privacy of the Website User and the confidentiality of the information provided.
The personal data requested by SIMETIK is necessary to manage the actions performed by the User through the Website and to improve the quality of the service. The User agrees that SIMETIK will retain all data.
It is very important for SIMETIK to protect the privacy of its users, ensuring the security of their personal information.
SIMETIK does not automatically collect any personal information from the User, which may navigate the Website without providing any personal information, while remaining anonymous during the visit. However, SIMETIK may collect information that is not personal and intended to optimize navigation on the Website.
If you wish to register on the Website, you will be asked for personal data. The personal data requested by SIMETIK are absolutely necessary for the management of the actions of purchase of products, which is the main activity of the platform, and compliance with legal obligations.
The collected data are entered into the computer system, where they are processed and processed automatically under the terms approved by the National Data Protection Commission (CNPD), exclusively for the management of SIMETIK services.
Under the Law, registered members of SIMETIK will be able to access your personal data through your personal page and proceed to update and correct it. You will be guaranteed all the rights contained in the legislation in force, namely access, rectification, elimination (“right to be forgotten”), limitation, portability, opposition and withdrawal of consent, so that they access the register field and make the modifications they deem necessary, or that they contact SIMETIK.
SIMETIK does not share your personal data with third parties not involved in this proceeding but may provide personal data to the competent legal entities in cases where such data are requested by those entities following investigations into illegal, fraudulent, industrial or intellectual property rights.
Intellectual property
The Website and all its contents are protected under the Intellectual Property Law, in particular by copyright and industrial property.
Unless otherwise stated, all materials on the Website, including the design, text, graphics, photographs and content displayed, are the intellectual property owned, controlled or licensed by SIMETIK. No part of this site may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of SIMETIK. To this end, the User must request authorization in writing.
The provisions of this document shall not be construed as granting any license or right under any intellectual property owned by SIMETIK or third parties.
SIMETIK reserves the right to (i) request the removal of any link to the Website that has not been, or is no longer, authorized and (ii) claim damages in compensation for any damages suffered as a result of that link.
Use of Cookies
Some parts of this Website use cookies. This information is used to verify the usefulness and ease of use of the Website and to verify that you are allowed to access certain services. If you prefer not to receive cookies when you visit the SIMETIK Website you should configure your browser program to warn you before registering a cookie on your hard disk, and refuse it when your presence is detected. You can also refuse all cookies if you configure your browser. It is noted, however, that the refusal to use cookies may result in the impossibility of accessing some of the areas of the SIMETIK Website.
Applicable law
These General Terms and Conditions and all emerging litigation related to them, including their validity, use of the Website or any purchase thereof are governed by Portuguese Law.
Any conflict or divergence of interpretation shall be submitted to the territorially competent Portuguese court. If the User is outside Portugal, SIMETIK informs that any judicial process should be sent to the Portuguese courts.
Alternative Dispute Resolution
Pursuant to article 18 of Law no. 144/2015 of 8 September, SIMETIK informs that, in the event of a dispute, the consumer has the possibility of having recourse to Alternative Dispute Resolution entities.
The Online Dispute Resolution Website is an official Website managed by the European Commission dedicated to helping consumers and traders settle their litigation out of court. https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court) http://www.ciab.pt/pt/
CNIACC – National Center for Consumer Conflict Information and Arbitration http://www.arbitragemdeconsumo.org/