VIRAL COMMERCIAL 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 Online Booking Service www.viralvr.pt by Prosperous Reality Unipessoal Lda , headquartered at Rua Santa Joana 70 1st floor, Matosinhos, under the unique registration number and identification of legal person n. 515431095, with a share capital of € 5,000, hereinafter referred to as “VIRAL VIRTUAL REALITY”.
The Service consists of making available, through the address www.viralvr.pt, access to the Online Store, which, in addition to providing information related to a set of services, allows the User, by electronic means, to reserve the services disclosed therein, under the terms and conditions described here.
The ordering of services must be made by Users who are 18 (eighteen) years of age or older (individuals under that age must have permission from their representatives). The elements and information transmitted by the User shall enjoy full legal effect, the User recognizing the electronic purchases, and the User may not claim the lack of signature for breach of obligations assumed.
2. Product and Content Information
VIRAL VIRTUAL REALITY will do everything possible so that the information presented does not contain typographical errors, and will be quickly corrected whenever they 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 resolution – see point 9).
VIRAL VIRTUAL REALITY will do everything possible to provide all the services ordered, but it is possible that, in certain cases and due to causes difficult to control by VIRAL VIRTUAL REALITY, such as human errors or incidents in the computer systems, it is not possible to provide any of the products ordered by the User. If any product is not available after placing the order, you will be notified, by email or by phone. At that time, you will be presented with the possibility to cancel the order with the respective refund, if you have already made the respective payment.
All information on prices, products, specifications, promotional actions and services may be changed at any time by VIRAL VIRTUAL REALITY.
3. Responsibilities
3.1. All services sold in the VIRAL VIRTUAL REALITY Online Store are in accordance with Portuguese law.
3.2. The Store has adequate security levels, however VIRAL VIRTUAL REALITY will not be responsible 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 their control , namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from downloading (“download”) through the infected files service or containing viruses or other properties that may affect the User’s equipment. If, for any reason of error in accessing the VIRAL VIRTUAL REALITY Online Store website, it is impossible to provide a service, VIRAL VIRTUAL REALITY will not be responsible for any losses.
3.3. The queries of data and information made within the scope of this Service, are presumed made by the User, VIRAL VIRTUAL REALITY declining any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4. VIRAL VIRTUAL REALITY will not be responsible for any loss or damage caused by abusive use of the Service that is not directly attributable to you as a fraud or serious fault.
3.5. VIRAL VIRTUAL REALITY is not responsible for the damages or damages resulting from the non-fulfillment or defective fulfillment of the Service when this is not directly or indirectly attributable by way of intent or serious fault, 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 fault of the User or third parties, including violations of intellectual property;
(iii) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or;
(iv) for non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside VIRAL VIRTUAL REALITY and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil uprisings, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by VIRAL VIRTUAL REALITY that prevent or hinder the fulfillment of the obligations assumed.
3.6. VIRAL VIRTUAL REALITY does not guarantee that:
- the Service is provided uninterruptedly, is safe, without errors or works infinitely;
- 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 it;
- any material obtained in any way through the use of the Service is used at the User’s own risk and expense, the User being solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that operation;
- no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty that is not expressed in these General Conditions.
3.7. The User accepts that VIRAL VIRTUAL REALITY cannot in any way be held responsible for any damage, including, but not limited to, damage due to loss of profits, data, content, or any other loss (even if previously notified by the User about the possibility of the occurrence of such damages), resulting from:
- the use or inability to use the Service;
- the difficulty of obtaining any substitute for goods / services;
- unauthorized access or modification to personal databases.
4. Consumer obligations
4.1. The user undertakes to:
- Provide personal data and correct addresses;
- Do not use false identities;
- Respect imposed order limits.
4.2. If any of the data is incorrect or insufficient, and for that reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and VIRAL VIRTUAL REALITY declines any responsibility. In the event that the consumer violates any of these obligations, VIRAL VIRTUAL REALITY reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available by VIRAL VIRTUAL REALITY simultaneously to the same User; and, still, not allow the User’s future access to any or any services provided by VIRAL VIRTUAL REALITY.
4.3. It is expressly forbidden to use the products and services acquired for commercial purposes, namely for the purposes of resale of goods.
5. Privacy and Protection of Personal Data
5.1. VIRAL VIRTUAL REALITY guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as mandatory supply are indispensable for the provision of the Service by VIRAL VIRTUAL REALITY. The omission or inaccuracy of the data provided by the User is his sole and entire responsibility and may give rise to the refusal to provide the Service by VIRAL VIRTUAL REALITY.
5.3. The User’s personal data will be processed and stored electronically and are intended to be used by VIRAL VIRTUAL REALITY within the scope of the contractual and / or commercial relationship with the User and, in case of authorization by the User, for the marketing of
5.4. Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update their personal data, directly or upon written request, as well as the right to oppose their use for the purposes provided for in the previous paragraph, and for this purpose, contact the entity responsible for the processing of personal data: Osvaldo Vieira da Silva.
5.5. The Internet is an open network, so the User’s personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessible and used by unauthorized third parties for the effect, and VIRAL VIRTUAL REALITY cannot be held responsible for such access and / or use.
6. Cancellation of orders
6.1. At the User’s request
The User may cancel his order by requesting it from VIRAL VIRTUAL REALITY through the telephone number or e-mail referring the order number, which will be accepted as long as it has not yet been processed.
For the purpose of cancellation, the User must indicate the following data to VIRAL VIRTUAL REALITY:
- Booking number;
- TIN with which you placed the order and delivery address.
6.2. By decision of VIRAL VIRTUAL REALITY
VIRAL VIRTUAL REALITY 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. VIRAL VIRTUAL REALITY 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 beyond VIRAL VIRTUAL REALITY.
7. Intellectual Property
7.1. The Store is a registered website and the Service provided by the website itself is the responsibility of VIRAL VIRTUAL REALITY.
7.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
7.3. 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, therefore any use of such content may only occur under the express authorization of the respective owners.
7.4. The User undertakes to fully respect the rights referred to in the preceding paragraph, namely refraining from practicing any acts that may violate the law or those rights, such as reproduction, commercialization, transmission or placement available to the public of such content or any other unauthorized acts which have as their object the same content.
8. Service Security Conditions
8.1. The User undertakes to observe all applicable legal provisions, namely, not to practice or encourage the practice of illegal or offensive acts of good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation. applicable to the treatment of personal data and advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of VIRAL VIRTUAL REALITY suspending or deactivating the Service under the terms set out in point nine.
8.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by several users, and as such, subject to computer overloads, therefore VIRAL VIRTUAL REALITY does not guarantee the provision of the Service without interruptions, loss of information or delays.
8.3. VIRAL VIRTUAL REALITY also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or of force majeure (situations of an extraordinary or unpredictable nature, outside of VIRAL VIRTUAL REALITY and which cannot be controlled by it) .
8.4. In the event of interruption of the provision of the Service due to unforeseeable overload of the systems on which it is supported, VIRAL VIRTUAL REALITY undertakes to regularize its operation as soon as possible.
8.5. For security reasons, access to virtual reality simulators is prohibited:
- pregnant women
- to the elderly
- people suffering from heart disease, with a pacemakers or other implated electronic devices, or other serious medical conditions
- people suffering from visual defects
- people suffering from epilepsy
- people with pre-existing psychiatric disorders
- people over 100kg for simulators
- not recommended for children under 8 years old
- people suffering from colds, flu, headaches and ear infections should not use virtual reality simulators as it may aggravate their condition
The establishment is not responsible for non-compliance with the rules set out above.
9. Suspension and deactivation of the Store Service
9.1. Regardless of any prior or subsequent communication, VIRAL VIRTUAL REALITY may, at any time, and in its sole discretion, discontinue the provision of the Service and / or part of the Service to one or all Users.
9.2. VIRAL VIRTUAL REALITY further reserves the right to suspend or terminate access to the Service immediately, in the following cases:
- When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
- When VIRAL VIRTUAL REALITY ceases access to the Store, by giving 15 days prior notice of the termination date.
9.3. The suspension or termination of the Service by VIRAL VIRTUAL REALITY, under the terms of the preceding paragraphs, regardless of the User or third party’s right to any compensation or other compensation, and VIRAL VIRTUAL REALITY may not be held responsible or in any way encumbered, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
9.4. In the situations described above, VIRAL VIRTUAL REALITY will inform the User, previously so that he can, if he wishes, safeguard the contents of his orderviewing area within 3 (three) working days from the sending of the email or making information available on the Service’s main page.
10. Communications
10.1. Without prejudice to other forms of communication provided for in these General Conditions, such as notifications made to the User that relate to the Service, including changes to these General Conditions, which will be made to the User’s email address, by SMS or telephone contact.
10.2. 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 (“email”) indicated in the ordering process.
At any time, you can request not to receive these communications and / or notifications through the Contact Form or through the option of the option “Do not receive the Newsletter” registered in each Newsletter.
11. Technical Settings
11.1. Without prejudice to the provisions of the following number, VIRAL VIRTUAL REALITY may change the Service and / or the technical conditions for providing it, as well as the respective rules of use, and must disclose to the User such changes at least 15 (fifteen) in advance days.
11.2. The current version of these General Conditions and their annexes is available at www.viralvr.pt.
12. Communications
12.1. Whenever VIRAL VIRTUAL REALITY deems it necessary or convenient to optimize the browsing experience and / or improve connectivity conditions, it can remotely reformulate network settings.
12.2. Without prejudice to the provisions of the following numbers, and bearing in mind the innovative nature of the Service and the technological developments to which it may be subject, VIRAL VIRTUAL REALITY may change its technical configurations whenever it proves convenient to adapt it to eventual technological developments.
12.3. However, VIRAL VIRTUAL REALITY does not guarantee the User to carry out any upgrades or improvements in the Service.
12.4. Some upgrades or new functionalities of the Service may only be available against payment by the User and/or subscription to Specific Conditions of use.
13. Complaints
13.1. The User can submit any contractual conflicts, to the arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to VIRAL VIRTUAL REALITY about acts and omissions that violate the legal provisions applicable to the acquisition of goods, or through online complaints book with the link https://www.livroreclamacoes.pt/inicio.
13.2. The complaint must be submitted within a maximum period of 30 (thirty) days, counted from the knowledge of the facts by the User, being registered in the information systems of VIRAL VIRTUAL REALITY, which must decide the complaint and notify the interested party within a maximum period of 30 ( thirty) days from the date of receipt.
14. Applicable Law
The Contract is governed by Portuguese law.
29/10/2020