1. Title of online store GOMESBOOKS (www.gomesbooks.com)
José de Almeida Gomes e Filhos Lda, hereinafter referred to as GOMESBOOKS, whose head office is established in Rua do Pinhal, lt. 3 cv.esq. 3030-374 Coimbra, with a registered capital of € 100,000, 00 Company Registration No. and VAT No. 505483440, registered in the Commercial Register office of Coimbra with the registration and legal person No. 505483440, being the legitimate owner and operator of web site GOMESBOOKS , website domain can be found at www.gomesbooks.com
2. Contacts and Customer Support
For additional information, you may contact GOMESBOOKS via email at email@example.com or by phone on +351239404539 (call to national landline) from Monday to Friday from 9:00 hours to 13:00 hours and 14:00 hours to 18:00 hours.
3. Objective and scope
3.1. These Terms and Conditions of Sale are exclusively for the regulation of purchases and sales made on the GOMESBOOKS online store, between you the user as a consumer and GOMESBOOKS as the seller and they apply to all users of the web site www.gomesbooks.com, as well as any commercial transaction conducted on this virtual online store.
3.2. GOMESBOOKS will be the entity responsible for selling on the internet site www.gomesbooks.com, all electronic commercial services are only available to consumers.
3.3. A consumer is considered to be the individual user acting / buying in a personal capacity, for purposes which are not within the scope of commercial, industrial, craft or professional activities. Therefore they are made without any intention of reselling the products purchased from the GOMESBOOKS online store.
3.4. To make a purchase on www.gomesbooks.com, the user or consumer must be 18 (eighteen) years of age or older and have the legal competence to enter a contract.
3.5. Navigation on the website as well as the purchase of any product on www.gomesbooks.com implies the acceptance of these General Terms and Conditions.
3.6. The clauses that constitute these Terms and Conditions of Sale are binding on both parties and are an integral and inseparable part of the purchase contract in which the effectiveness is undertaken by the confirmation of the consumer given following the acknowledgment of receipt of the order from GOMESBOOKS .
3.7. GOMESBOOKS reserves the right not to process any order received of users who are not final consumers, or those who do not agree to the Terms and Conditions of Sale of the Seller GOMESBOOKS .
3.8. The consumer must provide GOMESBOOKS , acting as seller, with an e-mail, postal address, or information relative to another form of contact, which are correct and complete and accepts that GOMESBOOKS can contact you using this information if deemed appropriate.
4. Information about content of GOMESBOOKS online shop
4.1. The website www.gomesbooks.com is intended for private use and no reproduction, transfer, distribution or storage of the contents of GOMESBOOKS online store is allowed without prior written permission. The content is strictly for personal and non-commercial use only.
4.2. The use of links from web site www.gomesbooks.com is expressly prohibited for commercial trade purposes without prior authorization from GOMESBOOKS , as well as the use of the domain www.gomesbooks.com for abusive purposes without prior permission, which can lead to GOMESBOOKS taking legal measures with the competent authorities.
4.3. Neither GOMESBOOKS nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
4.4. GOMESBOOKS will make every effort to ensure that the information presented on www.gomesbooks.com is free of any typographical errors and whenever these occur, they shall be corrected as soon as possible.
4.5. All contractual information, product information, communication via email and finalisation of sales are written in Portuguese, with the exception of expressions widely used in the footwear industry.
5. Trade Policy
5.1. GOMESBOOKS has no physical store therefore all purchases and transactions of a commercial nature will be made from the online store at GOMESBOOKS www.gomesbooks.com.
5.2. Where the information provided does not match the characteristics of the product, the consumer has the right to rescind and cancel the sale and purchase agreement pursuant to applicable law.
5.3. The images / photographs represented on the website are merely for illustrative purposes, therefore when in doubt, we recommend that you consult at length the detail of the product or contact GOMESBOOKS for better information about the respective characteristics of the products you wish to purchase.
5.4. Prices and specifications are subject to change without prior notice. Despite the extreme attention GOMESBOOKS has to keep all information updated, some products may contain incorrect information or price; however, prices will always be checked when processing orders. If the product price is less than the advertised price, GOMESBOOKS will refund the difference to the consumer. If the price is higher, the consumer will be informed via email. GOMESBOOKS will await your decision as to whether the new proposal is accepted or if the order is to be cancelled.
5.5. The validation of the purchase order or order assumes that the consumer is aware of and accepts the Terms and Conditions of Sale of www.gomesbooks.com the internet site.
5.6. All data recorded by GOMESBOOKS constitutes proof of all transactions between the seller and the consumer. It is the responsibility of Gomesbooks to keep the electronic document(s) in which the contract is made and therefore accessible when required.
6. Obligations of Customers and Users
6.1. Any visitor and / or user of website www.gomesbooks.com undertake to abide by and comply with the present Terms and Conditions of Sale, including and observing the following obligations:
- It is prohibited to enter, save or distribute any content through the website www.gomesbooks.com which may be defamatory, obscene, abusive, xenophobic and / or which may otherwise give rise to liability or violate any principles of law and public order;
- Saving and not disclosing your user password to enter the website in order to prevent others from accessing your account and personal data;
- Do not use false identities;
- For the purpose of processing, submit correct personal data and addresses so that GOMESBOOKS can proceed with order;
6.2. The consumer is solely responsible for the accuracy of their personal data communicated to GOMESBOOKS and undertakes to immediately enter and report any changes through the Account Registration at www.gomesbooks.com.
6.3. GOMESBOOKS disclaims any liability for any delay or inability to process orders due to error or lack of data provided by the consumer, particularly at the time of delivery.
7. Online order Procedure
7.1. To place an order on www.gomesbooks.com, the consumer must have a valid e-mail account. It is possible to place the order as a guest, or as a registered customer. Registration is only possible for residents of European Union countries. In either case, the consumer simply enters all the products he wants to purchase in the virtual shopping basket, following all the steps of the order for it to be successfully completed.
7.2. The ordering process in www.gomesbooks.com follow the following steps:
- The consumer navigates through pages online store www.gomesbooks.com and find the products you want to buy;
- Clicking on the product (s) ( s ) the consumer is informed of the essential characteristics : technical characteristics , description , product reference and image / illustrative photograph;
- The consumer selects the product , indicating the size and add it to the virtual shopping cart via the " Add to Bag " button;
- The consumer can choose between subsequently continue shopping or complete your order ;
- To continue shopping , consumers should repeat the process ;
- The moment you understand that you have chosen all the products you wish to purchase , finalize the order by clicking " My bag ";
- In " My bag " the consumer can update quantities and / or remove products. Is informed about the price (s) of product ( s ) and any charges for transportation, which in their sum is equal to the total order price;
- The purchase is done in 4 steps : ( 1 ) the consumer indicates the delivery address ; ( 2 ) confirms the shipping method and respective costs , if applicable; ( 3 ) select the payment method Paypal; ( 4 ) confirms the data , finalizing the purchase.
7.3. Once the order is completed, the customer will receive an e-mail confirming the transaction by GOMESBOOKS . GOMESBOOKS suggests that the consumer print or perform a backup of the order for future reference. Should the data not be correct, consumers may immediately request an alteration, or even cancellation of the order.
7.4. In case of non-receipt of payment or breach of these Terms and Conditions of Sale, GOMESBOOKS reserves the right not to accept the order, or cancel it partially or totally, even after the automatic confirmation has been given of the order.
8. Availability of products and confirmation / cancellation of order
8.1. GOMESBOOKS only processes orders made by a consumer after receipt of the respective payment to GOMESBOOKS who in turn cannot guarantee the availability of the products until payment has been made.
8.2. On confirmation of the order and receipt of payment, an estimated date for dispatch of the products will be made: 1-2 days.
8.3. GOMESBOOKS only does parcel shipping on weekdays. Therefore, weekends or public holidays are not accounted for the purpose of estimated delivery orders. Any delay in the shipment of products, given the estimated dates presented, does not confer the right to compensation.
8.4. All orders placed on the website are subject to product availability. GOMESBOOKS endeavours to ensure that all products listed on the website are available f. In case of unavailability of the product , GOMESBOOKS will immediately inform the consumer of the partial or total cancellation of the order. The consumer is then entitled to a reimbursement of the respective amount paid.
9. Confirmation or cancellation of order
9.1. GOMESBOOKS cannot validate an order that does not have a good financial standing of recovery, when the order is incomplete or incorrect, or where the products ordered are not available. In any of the aforementioned cases, GOMESBOOKS will inform the consumer by e-mail that the contract of sale has not been made and that GOMESBOOKS has not proceeded with the order, stating the relative reasons thereof.
9.2. If the products ordered on www.gomesbooks.com are no longer found available at the time of the last login to the website, despite having received confirmation of the order, or when GOMESBOOKS receives the request, the clerk shall immediately inform the consumer about the unavailability of the product, never exceeding 30 days after receipt of the order.
9.3. If an order and payment was made for goods that have in the interim become unavailable, GOMESBOOKS shall proceed to refund the money paid for the unavailable product.
9.4. GOMESBOOKS reserves the right not to accept orders or to set maximum product quantities per order, in case of there being a lack of production capacity.
9.5. GOMESBOOKS reserves the right to refuse any order irrespective of the reason and without any liability for any damages or costs, as it reserves the right to cancel any orders even if it has been accepted or confirmed by GOMESBOOKS , namely in the following situations:
- The billing information is incorrect or not verifiable;
- The Safety Systems web site highlights the order as incorrect, irregular, or susceptible to fraud;
- When payment of the order has not been received in the period stipulated of 5 working days, subsequent to acceptance of the order;
- When delivery cannot be made at the address provided by the consumer;
- If there is evidence that consumers are not able to act in a contractual capacity;
- If there are indications that the order comes from a reseller
- If it appears that there was an error in the presentation of price(s) of the product(s);
9.6. In any case, GOMESBOOKS will inform the consumer by email about any such situation which can lead to the non acceptance of the order and subsequent cancellation of the order.
9.7. GOMESBOOKS will not be held liable to the consumer or any third party for the valid refusal to complete the process of acceptance of an order, even after sending order confirmation.
10. Guarantees and Payment Security
10.1 The payment methods available are presented at www.gomesbooks.com. GOMESBOOKS will not accept any other payment method other than those mentioned.
10.2. The consumer can pay for their products by credit card or by using their personal PayPal account.
10.3. For payments using a credit card, all the details (such as the card number, expiration date and security code) will be sent via data encryption protocol (SSL) to the company that provides electronic payment services remotely, without third parties having access to the information transmitted. This information will not be used by GOMESBOOKS except for the finality of purchasing and refunding should the reimbursement be in accordance with these Terms and Conditions of Sale, or to the police for fraud operations.
10.4. Payments must be made individually for each order. The consumer shall pay the exact amount specified on the order confirmation.
10.5. GOMESBOOKS shall not be liable for any loss of payment, or any other damages that may accrue to consumers from paying an order through any other means other than those specified in www.gomesbooks.com.
11. Security of GOMESBOOKS online store and all transactions
11.1. GOMESBOOKS online store uses the latest security technologies and robust encryption platforms available on the market. All payment information you provide will be encrypted, from the first step of your transaction until such time as the order is processed and finalised and will not be stored on any public server.
11.2. Despite GOMESBOOKS using the latest encryption software available, any payments transmitted via the Internet or through e-mail, can run some risks especially when the user has not taken sufficient precautions and has not assumed responsibility in terms of proper conduct.
11.3. GOMESBOOKS shall not be liable for any damages whatsoever resulting from the use of electronic means of communication, including damage resulting from failure or delay in delivery of electronic communication, interception or manipulation of electronic communications by third parties or by computer programs used for communication or virus transmissions.
12. Title retention of marketed products
Title to the marketed products shall remain vested in GOMESBOOKS and shall not pass to the consumer until the purchase price for the products has been paid in full and received by GOMESBOOKS .
13.1. The prices of products displayed on the website www.gomesbooks.com contain Value Added Tax (VAT) and delivery costs for standard delivery.
13.2. Product prices may vary due to launch price, promotional offers or discounts.
13.3. Prices are quoted upon order confirmation, which the consumer can print or download for future use.
13.4. If GOMESBOOKS detects the existence of an incorrect price, the user will be immediately informed, and the user will be able to maintain or cancel the purchase. In situations where users are unavailable for contact, the order will be treated as cancelled and the amount paid will be refunded.
13.5. Prices are in all in Euro currency and any change in the country of delivery of the order may have an influence on the prices due to transport costs.
13.6. GOMESBOOKS reserves the right to at any time and can unilaterally change the prices of their products, except where the order has been confirmed and expedited.
14. Quality and Warranty
14.1. GOMESBOOKS does not commercialize second-hand, defective or sub-standard products to existing standards in the market on www.gomesbooks.com .
14.2. The essential features of every product offered for sale on www.gomesbooks.com are available for consultation on the respective page for each product. Products may not exactly match the actual product as regards the image / picture displayed and colours, especially due to the web browser and monitor used.
15. Shipping and Delivery of products
15.1. Products ordered through the GOMESBOOKS online store (at www.gomesbooks.com) will be shipped and delivered on weekdays, Monday to Friday.
15.2. The average delivery time varies between 1 and 2 weekdays to the mainland, 5-10 days to the islands and other EU countries.
15.3. GOMESBOOKS does not guarantee the average delivery days during periods of promotions, sales and Christmas.
15.4. We can only guarantee successful delivery of an order if the shipping address of the products is accurately completed by the user.
15.5. The consumer should be alert to ensure the receipt of the order at the address indicated by them.
15.6. Any subsequent change of delivery address, alterations to the form of delivery as well as a second delivery of an order can cause additional expenses, which will be charged to the consumer.
15.7. As delivery service does not include an option for appointment scheduling or prior scheduling, delivery of the order can be made without contacting the consumer first.
15.8. GOMESBOOKS reserves the right to split the delivery of the products of an order and make these deliveries separately. In the case of separation of order, the customer will be notified by e-mail to this effect. For this purpose the e-mail address provided by the consumer at the time of order will be used. In the case of partial deliveries, GOMESBOOKS is entitled to invoice each delivery separately.
15.9. Upon receipt of the product, the Purchaser is obliged to check that the parcel has not been damaged during shipment. For any complaint to be investigated a complaint form must be completed in the presence of the courier company employee and GOMESBOOKS should be contacted within 24 (twenty-four) hours, using the contact details on the Site .
15.10. A delivery is considered to be complete or a product is considered delivered with the signature on the delivery receipt at the address provided.
15.11. From the moment the order is delivered and accepted, all claims and risks relating to products delivered are borne by the consumer.
16. Delivery Expenses
16.1. Shipping is calculated on checkout according to the delivery country
17. Delivery Deadlines
17.1. After the order is registered and the respective payment confirmed as well as all the products of your order being available, GOMESBOOKS undertakes to proceed to the delivery taking the following deadlines into account:
- In Portugal, between 1 and 2 business days.
- On the Archipelago of Madeira and the Azores, between 7 and 14 days.
- In the European Union (except Portugal), approximately 5 to 10 working days.
17.2. Orders will be processed within these deadlines, provided that entry of data into the system is on and before 12 noon of the same day. After this time, orders will be processed from 9 a.m. of the following day.
17.3. GOMESBOOKS will not be liable for failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labour disputes, embargoes, government orders or any other force majeure event.
17.4. If the delivery time of the order exceeds 15 days, the consumer can unilaterally withdraw the order and will be refunded for the full amount paid. Furthermore it is established that both parties by mutual agreement may not proceed with any claim for damage or loss, present or future, direct or indirect, or claims for damage or loss of profit.
18. Cancellation of Orders
18.1. Products sold by GOMESBOOKS and sold at www.gomesbooks.com can only be returned, within 14 days, if they have not been used and if they are as they had been ordered
18.2. The consumer can cancel an order by not paying for it."
19. Validity of promotions or marketing campaigns
19.1. Promotional offers or sales campaigns launched on the website www.gomesbooks.com are valid only for the time that they are displayed on the website and in accordance with the conditions laid down, unless other information is communicated on the website to the contrary.
Products sold at www.gomesbooks.com can be returned within 14 days, only if they have not been used and if they are as they had been ordered at the customers expense.
21.1. GOMESBOOKS is liable for damages suffered by the consumer if such damages result from violations of contractual obligations attributable by GOMESBOOKS to the consumer, or in the case of responsibility resulting from applicable law.
21.2. If the consumer has suffered damages in relation to their activity of web site www.gomesbooks.com, the liability of GOMESBOOKS will be limited to the damage of GOMESBOOKS products, where such costs incurred by the consumer will be reasonable and verifiable by GOMESBOOKS due to the breach by GOMESBOOKS as presented in these general terms and Conditions.
21.3. GOMESBOOKS shall not be liable for damages suffered by third parties resulting from the use of any product sold on www.gomesbooks.com. GOMESBOOKS shall not be liable for damages suffered by the consumer as a result of improper use of our products.
21.4. GOMESBOOKS will not be liable for damages arising from incorrect information on the website www.gomesbooks.com.
22. Intellectual and Industrial Property
22.1. All texts, comments, works, illustrations, articles and images reproduced or represented on the website www.gomesbooks.com are strictly reserved in terms of copyright and intellectual property rights for the entire world.
22.2. Accordingly, and pursuant to the Intellectual Property Code, information is only permitted for private purposes, subject to contrary provisions and including more restrictive provisions of this code.
22.3. Any reproduction, representation, adaptation, translation and/or transformation, be it in whole or in part of the internet site www.gomesbooks.com, of the contents included in the same site is strictly prohibited.
22.4. Company names, brands and distinctive signs reproduced on the website www.gomesbooks.com are protected under the laws applicable to industrial property. The reproduction or representation of all or part of any distinguishing marks is strictly prohibited and shall be subject to a prior written consent and permission from the owner of the brand and trademark GOMESBOOKS .
22.5. Should the user wish to use information or materials of the website www.gomesbooks.com, the necessary permission will have to be granted in writing by GOMESBOOKS .
23. Applicable Law
23.1. These Terms and Conditions of Sale and all disputes arising which relate to these general conditions, including the validity, the use of the website www.gomesbooks.com or any purchase of the same shall be governed by Portuguese law.
23.2. In case of dispute as to the interpretation or enforcement of these Terms and Conditions of Sale, the consumer and GOMESBOOKS undertake to take steps to obtain an amicable solution that is fair and appropriate, within a maximum of sixty (60) days from the receipt of communication addressed by any of the parties involved to this end.
23.3 Failing an amicable settlement pursuant the preceding paragraph and in case of failure of these General Terms and Conditions of Sale, any dispute arising shall be resolved in the court of Santa Maria da Feira, Portugal. Such court shall have exclusive jurisdiction and venue for resolution of all such disputes and the parties hereto do hereby irrevocably submit to such jurisdiction and venue, and waive any objection to the contrary hereafter.
24. Amendment of Terms and Conditions of the Online Store GOMESBOOKS
24.1. GOMESBOOKS has the right to amend these Terms and Conditions at any time without notice, so as to modify at any time information and commercial product offers regarding product, pricing, promotion, trading conditions and services, and any changes of this nature will always be published on the internet site www.gomesbooks.com.
24.2. The consumer is subject to the policies and terms in force at the time of the purchase order, unless the law or competent authorities impose any amendment thereto.
25. Consumer dispute resolution
What is a consumer dispute?
A consumer dispute is resulting from a legal relationship of consumption, always with parts a consumer and a professional (which may, however, be concerned of each side, several consumers or various professionals). Business between private and business between professionals are not consumption.
Centro de Arbitragem de Conflitos de Consumo da Região de Coimbra
Av. Fernão Magalhães, N.º 240, 1º
Telefone: +351 239 821 690 - «chamada para a rede fixa nacional»