Terms and Conditions

GENERAL INFORMATION

The user should carefully read these Terms and Conditions of Use (“Terms and Conditions”) which regulate access to and use of the website https://ocram-clima.com, as well as all its subdomains (hereinafter the “Website”), operated by Vieira & Lopes, Lda. The use of this Website shall be governed by these terms and conditions of use, and its use shall imply acceptance thereof by the user.

If the user rejects these terms and conditions of use, he/she must immediately cease using them. Vieira & Lopes, Lda. may change or update these terms and conditions of use, general conditions of purchase and sale, as well as the data protection and privacy policy, without prior notice, in whole or in part, and any changes or updates will come into force as soon as they are published in the respective section of the Website.

Users are advised to regularly check the sections on the terms and conditions of use, the general conditions of purchase and sale and the data protection and privacy policy for the most up-to-date versions.

Access to and use of the Website is made available exclusively for personal use and/or to order Vieira & Lopes Lda. products or obtain information about them, and is therefore not related to any commercial, business or professional activity of the user.

Vieira & Lopes Lda. reserves the right to assess at its discretion the user’s compliance with these terms and conditions of use.

Violation of the terms and conditions of use may result in the withdrawal of the authorisation to use granted by Vieira & Lopes Lda. under the terms set out herein, as well as the exercise of its rights to the fullest extent permitted by law.

The user undertakes to indemnify and hold harmless Vieira & Lopes Lda., as well as its legal representatives, partners and employees, from any damages, liabilities, claims or requests for compensation, including expenses and costs of representation, requested by third parties as a result of the use of the Website in terms that do not comply with these terms and conditions of use, and/or as a result of the violation of the conditions provided for in these terms and conditions, and/or as a result of non-compliance with the declarations and guarantees contained in these terms and conditions of use.

If the user wishes to purchase products from the online shop, reading these terms and conditions of use does not exempt the user from reading the general terms and conditions of purchase and sale.

AUTHORISATION OF USE

Without prejudice to the other clauses of these terms and conditions of use, Vieira & Lopes Lda. authorises any user to use this page solely for personal or informational purposes, as provided for in these terms and conditions.

The authorisation to use may be revoked by Vieira & Lopes Lda. at its discretion and at any time.

Under the terms of the law and these terms and conditions, the user may not copy, use, transfer, rent, sub-licence, alter, adapt, attempt to modify or alter the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of this page.

By accessing this page, the user recognises and accepts that its content may be incomplete, inaccurate, not up to date, or may not meet their needs and requirements.

CONTENT AND LIMITATION OF LIABILITY

Access to and use of the website are activities carried out by the user. The user is solely and exclusively responsible for the use of the website and its contents.

Vieira & Lopes Lda. is not responsible, nor does it assume any liability for the use of the website in terms that do not comply with the legal provisions in force by the user. Specifically, the user is solely responsible for the communication of incorrect, false or third-party information or data without their consent, as well as for the incorrect use thereof. The contents of the website may contain inaccuracies or typos.

Vieira & Lopes Lda. is not responsible, nor may it be held responsible, in any way, for any inaccuracies or errors, or any damage caused or resulting from the use of information derived from or through the website by the user.

The user is solely and exclusively responsible for evaluating the information and content obtained through the website.

The website and all the information and content published on it may be altered by Vieira & Lopes Lda. at any time, periodically and/or without prior notice. Considering that any content downloaded or otherwise obtained is the free decision of the user and is done at their own risk, any liability for damage to computers or any other electronic devices or loss of data resulting from download operations carried out by the user will be the sole responsibility of the user and cannot be imputed to Vieira & Lopes Lda.

Vieira & Lopes Lda. assumes no responsibility for damages resulting from the impossibility of accessing the services made available through the website and/or for damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, issues related to the Internet, service providers or the telephone and/or telematic connection, unauthorised access, alterations to data, or related to the non-existence and/or deficient functioning of the user’s electronic devices.

Vieira & Lopes Lda. may revoke the authorisation of use, at its discretion and at any time, if any abusive, fraudulent or illegal act is identified.

Vieira & Lopes Lda. has adopted the appropriate technical and organisational measures to safeguard the security of the services it provides through the website, to ensure the integrity of electronic traffic data related to unauthorised forms of use or knowledge, as well as to avoid the risk of dissemination, destruction or loss of confidential or non-confidential user data and information contained on the website, or related to access – unauthorised or in breach of applicable legal provisions – to said personal data and information.

Vieira & Lopes Lda. does not and cannot guarantee that the website is free of viruses or any other element that may adversely affect its use.

PAGE ACCESS, INTERRUPTION AND SUSPENSION

Vieira & Lopes Lda. endeavours to provide continuous access to the website, however, such access may be suspended, limited or interrupted at any time for any reason. Access to the site may be limited from time to time to allow for recovery, maintenance or the introduction of new functionalities or services.

Access to the website may also be interrupted in cases of majure force, considered to be any cause that disrupts the performance of the website and has any impact on the fulfilment of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control and, in particular, but without limitation, shall include strikes, terrorist action, invasion, war, threat or preparation for war, fire, technical failure of power, software, hardware or telecommunication or other network failures, interruptions, outages or malfunctions, explosions, storms, floods, earthquakes, epidemic or other natural disaster, any legislation, regulation, rule or decision of a state or court.

In any case, Vieira & Lopes Lda. will endeavour to recover access as soon as possible.

Vieira & Lopes Lda. reserves the right to block access to any material and/or remove any material that may, in its discretion, cause a breach of these terms and conditions.

PERSONAL DATA PROTECTION

The user must read and analyse the data protection and privacy policy in order to understand how the user’s personal data is collected and used, in accordance with the provisions and under the terms of the applicable legislation on the protection of personal data.

INTELLECTUAL PROPERTY RIGHTS

All rights reserved.

The website and all its contents, including but not limited to articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as trademarks, logos, domain names, and any other elements that may be covered by property rights (including source codes) and/or other forms of intellectual property rights (hereinafter “material”) are the property of Vieira & Lopes Lda. or third parties and are protected against unauthorised use, copying or disclosure by national laws and international treaties relating to intellectual property rights.

None of the provisions of the terms and conditions and/or the contents of the website may be interpreted as implicitly conferring, accepting or by any means licensing the right to use any material by any means, without the prior written consent of Vieira & Lopes Lda. or of the third party owner of the material or of the intellectual property rights published on the website.

The use, copying, reproduction, alteration, republication, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the material not specifically identified, but of an identical nature, is prohibited.

As a user of the website, he/she undertakes not to use the material for illegal purposes and not to violate the rights of Vieira & Lopes Lda..

The user may, however, view and display the content of the page and/or the material on the screen of a computer or other electronic device and store such content in electronic format on disc (but not on a server or on a memory device connected to the Internet) or print a copy of such content for their personal and non-commercial use, but must keep all information relating to intellectual property rights.

Access to the website does not give the user any rights over the content made available by Vieira & Lopes Lda.

DECLARATIONS TO USER GUARANTEES

The User recognises and declares that:

a) has read and understood these Terms and Conditions;

b) is at least 18 (eighteen) years old;

c) Refrain from reproducing, duplicating, copying, selling, reselling or in any way commercially exploiting the page or its contents, or part of them, as well as refraining from using or reproducing the brands or any intellectual property rights of Vieira & Lopes Lda.

d) will not publish or use false, libellous or defamatory information;

e) shall refrain from using, directly or indirectly, the services or the website for purposes contrary to the law or in breach of these terms and conditions;

f) will not propagate viruses, spyware, adware, rootkit, backdoor, virus, trojan or other similar computer threats;

g) will not use software or other automatic or manual mechanisms to copy or access control of the page or its content.

To consult the terms and conditions relating to orders placed through the Website, the User should consult the General Terms and Conditions of Sale.

GENERAL TERMS AND CONDITIONS OF SALE

To consult the terms and conditions relating to orders placed through the Website, the User should consult the General Terms and Conditions of Sale.

VARIOUS PROVISIONS

The nullity of any of the provisions contained in these terms and conditions shall be deemed unwritten, and the remaining provisions shall remain in full force and effect.

These terms and conditions shall be governed by Portuguese law and shall be interpreted in accordance with Portuguese law.

Any dispute arising out of or in connection with these terms and conditions, in the absence of an amicable and negotiated agreement between the parties, shall be settled by the Judicial Courts of Braga, expressly waiving any other.

The user may contact Vieira & Lopes Lda. with any question relating to the terms and conditions or any question relating to the use of the website, by sending a communication to the e-mail address marketing@ocram-clima.com.

Updated July 2023