Terms and Conditions

1. Scope and Purpose of the General Conditions of the Store

These General Conditions are intended, together with the order form and other elements referred to therein, to regulate the terms and conditions governing the provision of the  InvictusLar  Online Store Service , with registered office at Rua Fé, N. 432, 3 DTO Azurém – Postal Code 4800-039, Guimarães – Portugal, under the unique registration and corporate identification number  216210364  , hereinafter referred to as “ InvictusLar  ”.

The Service consists of providing, through the address  https://invictuslar.com,  access to the Online Store which, in addition to providing information regarding a set of products and/or services, allows the User, electronically, to order the products advertised therein, under the terms and conditions described herein.

Orders for products must be made by Users aged 18 (eighteen) or over (individuals under this age must have authorization from their representatives). The elements and information transmitted by the User will have full legal effects, with the User recognizing electronic purchases, and the User may not claim the lack of signature as a reason for failure to comply with the obligations assumed.

2. Product Information and Contents

InvictusLar  will do everything possible to ensure that the information presented does not contain typographical errors, and these will be promptly corrected whenever these occur. If you purchase a product that has different characteristics to those presented online, you  have the right to terminate the purchase contract under the applicable legal terms (right of free termination – see point 9).

InvictusLar  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 InvictusLar to control  ,  such  as human error or incidents in computer systems, it is not possible to make available some of the products requested by the User. If any product is not available after you have placed your order, you will be notified by email or telephone. At that time, you will be given the option of cancelling the order and receiving a refund, if you have already made the corresponding payment.

All information about prices, products, specifications, promotional actions and services may be changed at any time by  InvictusLar  .

3. Responsibilities

3.1 All products and services sold in the  InvictusLar  Online Store are in accordance with Portuguese Law.

3.2 The Store has adequate security levels, however  InvictusLar  shall not be liable 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 modems, by connection software or any computer viruses or resulting from the downloading of infected files or files containing viruses or other properties that may affect the User’s equipment through the service. If for any reason due to an error in accessing the  InvictusLar  Online Store website it is impossible to provide the service,  InvictusLar  shall not be liable for any losses.

3.3 Data and information queries made within the scope of this Service are presumed to have been made by the User, with  InvictusLar  declining any responsibility arising from the abusive or fraudulent use of the information obtained.

3.4  InvictusLar  will not be liable for any losses or damages caused by improper use of the Service that are not directly attributable to it as a result of willful misconduct or gross negligence.

3.5  InvictusLar  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 a result of willful misconduct 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 compliance resulting from compliance with court decisions or administrative authorities or
(iv) 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  InvictusLar  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  InvictusLar’s  control that prevent or impair compliance with the obligations assumed.

3.6.  InvictusLar  does not guarantee that:

1. i) the Service is provided uninterruptedly, is secure, error-free or operates infinitely;
2. ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any of the User’s expectations in relation to it;
3. iii) any material obtained in any way through the use of the Service is used at the User’s own risk, and the User is solely responsible for any damage caused to his/her computer system and equipment or for any loss of data resulting from this operation.
4. iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty not expressed in these General Conditions.

3.7. The User accepts that  InvictusLar  cannot in any way be held liable for any damage, including, but not limited to, damage for loss of profits, data, content, or any other losses (even if previously advised by the User about the possibility of such damages occurring), resulting from:

1. i) the use or inability to use the Service;
2. ii) the difficulty of obtaining any substitute goods/services;
3. iii) unauthorized access to or modification of personal databases.

4. Consumer Obligations

4.1. The user undertakes to:

1. i) Provide correct personal data and addresses;
2. ii) Do not use false identities;
3. iii) Respect the imposed order limits.

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 responsibility lies with the User, and  InvictusLar  declines any responsibility. If the consumer violates any of these obligations,  InvictusLar  reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by  InvictusLar  to the same User; and, further, not allow the User’s future access to any or all services made available by  InvictusLar.

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

5. Privacy and Protection of Personal Data

5.1.  InvictusLar  guarantees the confidentiality of all data provided by Users.

5.2. The personal data identified in the order form as being mandatory are essential for the provision of the Service by  InvictusLar  . Any omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in InvictusLar refusing to provide the  Service  .

5.3. The User’s personal data will be processed and stored electronically and are intended to be used by  InvictusLar  within the scope of the contractual and/or commercial relationship with the User.

5.4. Under applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update his/her personal data, directly or upon written request, as well as the right to object to the use of said data for the purposes set out in the previous number, and for this purpose must contact the entity responsible for processing personal data:  InvictusLar.

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 third parties not authorized for this purpose, and  InvictusLar  cannot be held responsible for such access and/or use.

6. Order cancellation

6.1 At the User’s request

The User may cancel their order by requesting it from  InvictusLar  via telephone number or email stating the order number, which will be accepted as long as the order has not yet been processed. After processing,  InvictusLar  will attempt to deliver the order, but the User has the option of not accepting it.

For cancellation purposes, the User must provide the following information to  InvictusLar  :

1. a) Order number
2. b) NIF with which you placed the order and delivery address

6.2 By decision of  InvictusLar:

InvictusLar  reserves the right not to process orders if it finds any inconsistency in the personal data provided or observes misconduct on the part of the buyer.  InvictusLar  reserves the right not to process any order or refund if there are errors in the values ​​and/or characteristics of the products, when these result from technical problems or errors beyond the control  of  InvictusLar  .

7. Return (Right of Withdrawal)

7.1. The User, if a consumer, may exercise the right of withdrawal without being required to pay any compensation, within 14 (fourteen) days from the day on which the consumer acquires physical possession of the good.

To exercise this right, the User may use the form indicated below, indicating all of their identification data, the subscribed service they wish to cancel and the subscription date. The communication must be made by letter, by returning the purchased item, or by another appropriate and provable means within the period defined above.

The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to  InvictusLar  in proper conditions of use.

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 the indicated documents must be sent free of charge to the following address:

InvictusHome

Rua Fé, No. 432, 3 DTO Azurém – Postal Code 4800-039, Guimarães – Portugal

If the User chooses other forms of return, the respective shipping costs will be their responsibility.

7.2. After receiving the return at  InvictusLar,  the User will be refunded the amount corresponding to the amount paid for the order (sales invoice amount). If a promotional discount code has been used, this amount will not be refunded, i.e. the refund will only be for the amount actually paid.

7.3. The method of refunding the amount to be returned depends on the payment method used in the respective order. In the case of payments by credit card and PayPal, these are credited to the respective accounts. In other cases, when NIB information is provided, the refund is made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The refund is made up to 14 days after receipt of the will to cancel and receipt of the return of the 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 shipping costs, and the product will be sent back to the initial shipping address.

8. Manufacturing defect

8.1. In the event of a “manufacturing defect”, i.e. when faults are detected in the equipment which, 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 completed “Equipment Exchange/Return Request” form, within a maximum period of 30 consecutive days from the date of the invoice, to the following address:

InvictusHome

Rua Fé, No. 432, 3 DTO Azurém – Postal Code 4800-039, Guimarães – Portugal

If the User chooses other forms of return, the respective shipping costs will be their responsibility.

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 warranty certificate and/or proof of purchase (invoice) duly completed.

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 humidity/liquids, use of non-original accessories and technical interventions by unauthorized personnel are considered to be outside the warranty conditions.

9.4. If the equipment breaks down, and is covered by the warranty, the User may take it, and the corresponding proof of purchase and/or warranty, to a technical assistance center for the brand.

9.5. Accessories covered by the warranty that are damaged must be sent, with the corresponding proof of purchase and/or warranty, to the following address:

InvictusHome

Rua Fé, No. 432, 3 DTO Azurém – Postal Code 4800-039, Guimarães – 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 proving that the order was sent.

9.6. If the equipment breaks down and this breakdown is not covered by the warranty, the User may take it, and the corresponding proof of purchase, to a technical assistance center for 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  InvictusLar  .

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

10.4. The User undertakes to fully respect the rights referred to in the previous number, in particular by refraining from carrying out any acts that may violate the law or said rights, such as the reproduction, commercialization, transmission or making available to the public of such content or any other unauthorized acts that have the same content as their object.

11. Service Security Conditions

11.1. The User undertakes to observe all applicable legal provisions, in particular, not to practice or encourage the practice of unlawful acts or acts that offend good customs, such as the indiscriminate sending of unsolicited communications ( spamming ) in violation of the provisions of the 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  InvictusLar  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 that may be used by multiple users and, as such, is subject to computer overloads, and therefore  InvictusLar  does not guarantee the provision of the Service without interruptions, loss of information or delays.

11.3.  InvictusLar  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  InvictusLar  and which cannot be controlled by it).

11.4. In the event of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is supported,  InvictusLar  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,  InvictusLar  may, at any time, and at its sole discretion, discontinue providing the Service and/or part of the Service to one or all Users.

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

1. a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
2. b) When  InvictusLar  grants access to the Store, by giving prior notice 15 days in advance of the termination date.

12.3. The suspension or termination of the Service by  InvictusLar  , under the terms of the previous numbers, does not imply the right of the User or third parties to any compensation or other compensation, and  InvictusLar  cannot be held responsible or in any way burdened, for any consequence resulting from the suspension, cancellation or annulment of the Service.

12.4. In the situations described above,  InvictusLar  will notify the User in advance so that he/she may, if he/she so wishes, safeguard the content of his/her order viewing area within 3 (three) business days from the sending of the email or the provision of the 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 sent to the User relating to the Service, including any changes to these General Conditions, may be sent to the User’s email address, by SMS or telephone contact.

13.2. The User agrees to receive any and all communication and/or notification related to the Online Store, to the address, contact 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 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 paragraph,  InvictusLar  may change the Service and/or the technical conditions for its provision, 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 of these General Conditions and their annexes in force at any time is available on the website
EMAIL:  geral@invictuslar.com

15.Communications

15.1. Whenever  InvictusLar  deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings.

15.2. Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject,  InvictusLar  may change its technical configurations whenever this proves convenient in order to adapt it to possible technological developments.

15.3.  However, InvictusLar  does not guarantee the User that any upgrades or improvements will be made to the Service.

15.4. Some upgrades or new features of the Service may only be available upon 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 disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as complain to  InvictusLar  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 date the User becomes aware of the facts, and will be recorded in the information systems of  InvictusLar  , which must decide on the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of receipt.

17. Applicable Law

The Contract is governed by Portuguese law. geral@invictuslar.com