1. Scope and Object of the Store’s General Conditions

These General Conditions are intended, together with the order form, and the other elements referred to therein, to regulate the terms and conditions that will govern the provision of the Atelophobia Studio Online Store Service (“Service” or “Store”) by Atelophobia Studio, based in Spain.

The Service consists of providing, through the address www.atelophobiastudio.com, access to the Online Store which, in addition to providing information relating to a set of products and/or services, allows the User, electronically, to order the products advertised there, under the terms and conditions described here.

The order of products must be made by Users aged 18 (eighteen) years or over (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, with the User recognizing electronic purchases, and the User cannot claim the lack of signature for non-compliance with the obligations assumed.

2. Product Information and Contents

The Atelophobia Studio brand will do everything possible to ensure that the information presented does not contain typographical errors, which will be quickly corrected whenever these occur. If you purchase a product that has characteristics different from those presented online, you have the right to terminate the purchase contract under the applicable legal terms (right to free resolution – see point 9).

The Atelophobia Studio brand 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 to control, such as human errors or incidents in computer systems, it will not be possible to make some of the products ordered by the User available. . If a product is not available after placing the order, you will be notified by email or telephone. At that moment you will be presented with the possibility of canceling the order with a corresponding refund, if you have already made the respective payment.

All information about price, products, specifications, promotional actions and services may be changed at any time by the brand.

3. Responsibilities

3.1 All products and services sold in the Atelophobia Studio Online Store are in accordance with Spanish Law.

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

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

3.4 The brand will not be responsible for any losses or damages caused by abusive use of the Service that are not directly attributable to it as an act of intent or gross negligence.

3.5 The brand is not responsible for losses or damages resulting from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to it as a result of intent or gross negligence, and is not responsible in particular for errors, omissions or other inaccuracies relating to the information provided through the Service; damages caused by the fault of the User or third parties, including violations of intellectual property, by non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities or by non-compliance or defective performance resulting from the occurrence of situations of force majeure, or that is, situations of an extraordinary or unpredictable nature, external to the brand 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 not controllable by [NAME] that prevent or harm the fulfillment of the obligations assumed.

3.6. The brand does not guarantee that:

1. the Service is provided uninterruptedly, is secure, error-free or functions infinitely;

2. the quality of any product, service, information or any other material purchased or obtained through the Service meets any User’s expectations in relation to it;

3. any material obtained in any way through the use of the Service is used at the User’s own risk, the User being solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from this operation.

4. no advice or information, whether oral or written, obtained by the User from or through the Service will create any guarantee that is not expressed in these General Conditions.

3.7. The User accepts that the brand cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of the occurrence of these damages), resulting in:

1. the use or inability to use the Service;

2. the difficulty in obtaining any substitute for goods/services;

3. unauthorized access or modification to personal databases.

4. Consumer Obligations

4.1. The user undertakes to:

1. Provide personal data and correct addresses;

2. Do not use false identities;

3. 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 possible non-delivery, the responsibility lies with the User, and the brand declines any responsibility. If the consumer violates any of these obligations, the brand reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services made available simultaneously by the brand to the same User; and, furthermore, not allow the User future access to any or all services provided by the brand.

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

5. Privacy and Protection of Personal Data

See Privacy Policy page.

6. Order cancellation

6.1 At the User’s request

The User may cancel their order by requesting it to the brand using the email number referring to the order number, which will be accepted as long as it has not yet been processed (within 24 hours of order confirmation) . After processing, the brand acquires the right to accept or not accept the cancellation.

For the purpose of cancellation, the User must provide the following data to the brand, via email:

1. Order number;

2. NIF with which you placed the order and delivery address;

3. Statement of the reason behind the cancellation request.

6.2 By brand decision

The brand 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. The brand 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 the control of the brand.

7. Return (Right of Resolution)

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

To exercise this right, the User must indicate all their identification data, the subscribed service they wish to purchase and the subscription date. Communication must be made by email (geral@vitordiasbrand.pt), describing all necessary data, as well as the reason for the return.

The consumer must, within 14 (fourteen) days from the date of communication of the resolution, return the goods to the brand, via post mail, in the appropriate conditions of use, with shipping being the responsibility of the consumer.

7.2. Upon receipt of the return at the brand, and after checking the condition of the product, the amount corresponding to the amount paid for the order (value of the sales invoice) will be returned to the User. If you used a promotional discount code, this amount will not be refunded, that is, the refund will only be for the amount actually paid.

7.3. The refund method for the amount to be returned will be made via bank transfer, upon receipt of information from the consumer’s NIB.

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 amount paid by the consumer, and the product will be sent back to the initial shipping address.

8. Manufacturing defect

8.1. In the event of a “manufacturing defect”, that is, when anomalies are detected in the product, which in principle do not fall within the scope of the respective warranty, the User must return the product, together with a copy of the invoice, within a maximum period of 15 consecutive days from the invoice date. The consumer must send an email explaining the problem, as well as photos of the product defect, where after evaluation by the brand, the brand can accept or reject the return.

8.2. In order for the product to be exchanged, you must ensure that the packaging is complete, 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.

8.4. If the defective product can be repaired, no refund will be made. The consumer will be able to send the product back to the brand, which will send the product back to the consumer, as soon as the problem is resolved, with the brand being responsible for the values ​​inherent to the shipments.

9. Warranty

9.1. All products available in the Store are duly certified by the competent international entities.

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

9.3. Products that have exceeded the period defined by the manufacturer or have defects caused by abnormal wear and tear (namely improper use, non-recommended washing, etc.) are considered to be outside the warranty conditions.

10. Intellectual Property

10.1. The Store is a registered website and the Service provided by the website itself is the responsibility of the brand.

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 appearing in the advertising, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, laws relating to industrial property and other property protection laws, therefore Any use of these contents may only occur with the express authorization of the respective owners.

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

11. Service Security Conditions

11.1. 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 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 Atelophobia Studio suspending or deactivating the Service under the terms set out in point 14.

11.2. The User expressly recognizes and accepts that the IP Network constitutes a public electronic communications network capable of being used by several users, and as such, subject to computer overloads, so Atelophobia Studio does not guarantee the provision of the Service without interruptions, loss of information or delays.

11.3. The brand 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 Atelophobia Studio and which cannot be controlled by it).

11.4. In the event of interruption in the provision of the Service due to unpredictable overload of the systems on which it is supported, the brand 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, the brand may, at any time, and in accordance with its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.

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

1. When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;

2. When the brand ceases access to the Store, upon prior notice 15 days in advance of the date of cessation.

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

13. Communications

13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User that relate to the Service, including any changes to these General Conditions, may be made to the User’s email address.

13.2. The User agrees to receive any and all communications and/or notifications related to the Online Store, to the address, contact telephone number and/or email address indicated in the ordering process.

At any time, you can request not to receive these communications and/or notifications via the brand’s email.

14. Communications

14.1. Whenever the brand deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.

14.2. Without prejudice to the provisions of the following numbers, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, the brand may change its technical configurations whenever this proves convenient to adapt it to possible technological developments.

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

15.4. Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of use.

15. Complaints

15.1. The User may submit any contractual conflicts to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to the brand about acts and omissions that violate the legal provisions applicable to the acquisition of goods.

15.2. The complaint must be presented within a maximum period of 30 (thirty) days, counted from the date the User becomes aware of the facts, and registered in Atelophobia Studio’s information systems, which must decide the complaint and notify the interested party within a maximum period of 30 ( thirty) days, counting from the date of receipt.

16. Applicable Law

The Contract is governed by Spanish law.