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 By Layer Online Store. It also regulates orders placed by any method other than Online (email, telephone, WhatsApp).
The Service consists of providing, through the address www.bylayer.pt of access to the Online Store that, in addition to providing information regarding a set of products and / or services, allows the User, electronically, to order the products disclosed therein, under the terms and conditions described herein.
Ordering products must be made by Users 18 years of age or older (individuals under the age of 18 years old must be authorized by their representatives). The elements and information transmitted by the User will enjoy full legal effects, acknowledging the User electronic purchases, and can not claim the lack of signature for breach of obligations assumed.
2. Product Information and Contents
By Layer will endeavor to ensure 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 than those shown online, you have the right to terminate the purchase agreement in accordance with applicable law (right of withdrawal - see paragraph 9).
By Layer will endeavor to ship all ordered products, but it is possible that, in certain cases and due to causes that are difficult for By Layer to control, such as human errors or issues with computer systems, it is not possible to make any of the products ordered by the User available. If any product is not available after you have placed your order, you will be notified by email or telephone. At this time you will be presented with the possibility of canceling the order with its refund if you have already made the payment.
All pricing, product, specification, promotional action and service information may be changed at any time by By Layer.
3.1 All products and services sold on the By Layer Online Store are in accordance with Portuguese Law.
3.2 The Store has adequate levels of security, however By Layer will not be liable for any damages suffered by the User and / or third parties due to delays, interruptions, errors and suspensions of communications arising from factors beyond its control, in particular, 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 download from the infected file service or containing viruses or other properties that may affect your equipment. If for any reason of error in access to the Online Store website it is impossible to provide services, By Layer will not be liable for any damages.
3.3 Data and information queries made under this Service are presumed to be made by the User, and By Layer shall not be liable for any misuse or fraudulent use of the information obtained.
3.4 By Layer shall not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it as intent or gross negligence.
3.5 By Layer is not liable for damages or damages arising from the breach or defective performance of the Service where this is not directly or indirectly attributable to it as intent or gross negligence, and is not liable in particular for (i) errors, omissions or other inaccuracies concerning information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property, (iii) the breach or defective compliance resulting from the compliance with court decisions or administrative authorities or (iv) the breach or defective compliance resulting from occurrences of force majeure, that is, situations of an extraordinary or unpredictable nature, outside of By Layer 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 controlled by By Layer that prevent or hinder the fulfillment of the obligations assumed.
3.6. By Layer does not warrant that:
i) the Service is provided uninterrupted, secure, error-free, or function infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service meets any expectation of the User regarding it;
iii) any material obtained in any way by using the Service is used at your own risk and you are solely responsible for any damage to your system and computer equipment or for any loss of data resulting from such operation.
iv) no advice or information, whether oral or written, obtained by you from or through the Service will create any warranty that is not express in these General Conditions.
3.7. You agree that By Layer shall in no way be liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if You have been previously advised of the possibility of such damages) resulting from:
i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute for goods / services;
iii) unauthorized access or modification to personal databases.
4. Consumer Obligations
4.1. The user undertakes to:
i) provide correct personal data and addresses;
ii) Do not use false identities;
iii) Respect the limits of orders imposed.
4.2. If any of the data is incorrect or insufficient, and therefore there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility is the User, and By Layer declines any responsibility. In the event that the consumer breaches any of these obligations, By Layer reserves the right to eliminate future purchases, block access to the store, cancel any other services provided by By Layer to the same User at the same time; and also not allow future access of the User to any or any services provided by By Layer.
4.3. It is expressly forbidden to use the products and services purchased for commercial purposes, namely for resale of goods.
5. Privacy and Protection of Personal Data
5.1. By Layer guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified on the order form as being required to be supplied are indispensable to the provision of the Service by By Layer. The omission or inaccuracy of the data provided by the User is his sole responsibility and may give rise to refusal to provide the Service.
5.3. Your personal data will be processed and stored by computer and is intended for use by By Layer in connection with your contractual and / or business relationship.
5.4. Pursuant to applicable law, the User is guaranteed, at no additional charge, the right to access, rectify and update his / her personal data, directly or upon written request, as well as the right to object to their use for the purposes set forth in previous paragraph, and for this purpose contact the entity responsible for the processing of personal data.
5.5. The Internet is an open network, whereby your personal data, other personal information and all content hosted on the Service may circulate on the network without security, including the risk of being accessible and used by unauthorized third parties. By Layer cannot be held responsible for such access and / or use.
6. Order cancellation
6.1 At the user's request
The User may cancel his order by requesting it via email firstname.lastname@example.org with the order number, which will be accepted as long as it has not yet been processed. After processing, By Layer will attempt to deliver it, but you have the option not to accept it.
For the purpose of cancellation the User must provide the following information:
a) Order number
b) NIF with which he placed the order and delivery address
6.2 By decision of By Layer
By Layer reserves the right not to process orders when checking any inconsistent personal data submitted or misconduct by the buyer. By Layer reserves the right not to process any order or refund in the event of errors in the values and / or characteristics of products when these are due to technical problems or errors unrelated to By Layer.
7. Return (Right of withdrawal)
7.1. The User, in the case of being a consumer, may exercise the right of withdrawal without being required any compensation, within 14 (fourteen) days from the day the consumer acquires physical possession of the property.
To exercise this right, the User may use the draft indicated below, and must indicate all his / her identifying data, the subscribed service he / she wishes to solve and the date of subscription. The communication shall be made by letter, through the return of the acquired good, or by other appropriate and evidence-capable means within the period defined above.
The consumer shall, within fourteen (14) days from the date of communication of the resolution, return the goods to By Layer in the proper conditions of use.
Draft for free-of-charge form (You must complete and return this form only if you wish to terminate the contract)
- To [insert name, geographical address and, where appropriate, fax number and email address of professional]:
- By this notice / we communicate (*) that I have resolved / resolved (*) my / our (*) purchase and sale agreement for the following good / for the provision of the following service (*) - Requested at (*) / received in (*) -
Name of consumer (s) - Address of consumer (s) - Signature of consumer (s) (only if this form is notified on paper). (*) Delete where not applicable.
The package must be returned complete, as it was delivered and accompanied by all documentation received, namely the following documents: sales invoice and the document that proves the receipt of the product. The packaging and the indicated documents must be sent free of charge to the following address:
By Layer Lda.
Rua Carlos Ribeiro, 17
2495-025 São Mamede - Portugal
If the User chooses other forms of return, the shipping costs will be his responsibility.
7.2. Upon receipt of the return at By Layer will be returned to the User the amount corresponding to the amount paid for the order (sales invoice amount). If you used a promotional discount code, this amount will not be refunded, ie the refund will only be for the amount actually paid.
7.3. The method of refunding the amount to be refunded depends on the payment method used for your order. Credit card and PayPal payments will be credited to their respective accounts. In other cases, when NIB information is provided, the refund will be made to the indicated bank account. Otherwise, the refund is made by check to the billing address. The reimbursement is made within 14 days after receiving the wish for free resolution and receiving the return of the good.
7.4. In the absence of any of the components of the item sold or, if any of them are not in an excellent state of repair, there will be no refund of the price or postage, and the product will be returned to the original shipping address.
8. Manufacturing defect
8.1. In the event of a manufacturing defect, the User must return the product, together with a copy of the invoice and the completed “Product Exchange/Return Request” form, within a maximum period of 10 consecutive days from the date of the invoice, to the following address:
By Layer Lda.
Rua Carlos Ribeiro, 17
2495-025 São Mamede - Portugal
If the User chooses other forms of return, the shipping costs will be your responsibility.
8.2. In order for the product to be exchanged, you must ensure that the packaging is complete, containing all the products that make it up, in excellent condition.
8.3. In the absence of any of the products mentioned above, or if they are not in excellent condition, there will be no exchanges, and the product will be sent back to the User.
9.1. All equipment available at the store is duly certified by the competent international entities.
9.2. The equipment and accessories have a warranty period defined by the manufacturer, which, under the legal terms is at least 2 (two) years. This period is considered from the date of invoice of the equipment 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 set by the manufacturer or is found to be defective due to abnormal wear, improper installation, weather, electrical discharge, neglect or accident, mishandling, moisture / liquid infiltration, use of unauthorized accessories is considered out of warranty. originals and technical interventions by unauthorized personnel.
9.4. If the equipment malfunctions and is covered by the warranty, you may contact your warranty service and / or proof of purchase with a branded service center.
9.5. If the accessories covered by the warranty fail, they must be sent, with the respective proof of purchase and / or warranty, to the email email@example.com
If the User chooses other forms of return, the respective shipping costs. will be your responsibility. The User must always request the CTT slip that proves the shipment of the order.
9.6. If the equipment malfunctions and this malfunction is not covered by the warranty, the User may go with the same and proof of purchase to a branded service center.
10. Intellectual Property
10.1. The Store is a registered site and Service provided by the site itself is the responsibility of By Layer.
10.2. You acknowledge that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable law.
10.3. You acknowledge that any content contained in the advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, and Any use of such content may only occur under the express permission of the respective owners.
10.4. The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from any acts that may violate the law or said rights, such as reproduction, marketing, transmission or placement. publicly available such content or any other unauthorized acts which have as their object the same content.
11.Security Conditions of Service
11.1. The User undertakes to comply with all applicable legal provisions, namely, not to practice or encourage the practice of illicit or offensive acts of good morals, such as the indiscriminate sending of spamming in violation of the provisions of the law. applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules of use of the Service, otherwise By Layer suspends or disables the Service in accordance with paragraph 14.
11.2. You expressly acknowledge and agree that the IP Network is a public electronic communications network that may be used by multiple users, and as such subject to computer overload, so By Layer does not warrant the provision of the Service without interruption, loss of information or delays.
11.3. By Layer also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is supported or of force majeure (situations of extraordinary or unpredictable nature, outside of By Layer and which cannot be controlled by it).
11.4. In the event of interruption of the provision of the Service due to unforeseen overload of the systems on which it is supported, By Layer undertakes to regularize its operation as soon as possible.
12. Suspension and deactivation of the Store Service
12.1. Regardless of any prior or subsequent communication, By Layer may at any time, and in its sole discretion, discontinue making the Service and or part of the Service available to one or all Users.
12.2. By Layer further reserves the right to immediately suspend or terminate access to the Service in the following cases:
a) When the User does not comply with the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When By Layer ceases access to the Lodge, upon prior notice 15 days prior to the date of termination.
12.3. Suspension or termination of the Service by By Layer pursuant to the preceding paragraphs shall not affect Your right or any third party's right to any compensation or other compensation, and By Layer shall not be liable or otherwise liable for any consequence arising from the suspension, cancellation, cancellation of the Service.
12.4. In the situations described above, By Layer will inform the User, in advance, so that he / she may, willingly, safeguard the contents of his / her order viewing area within 3 (three) business days from the email or availability. information on the main page of the Service.
13.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any changes to these General Conditions, may be made 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 indicated in the ordering process.
At any time, you may request not to receive these communications and / or notifications through the Contact Form or through the option of “Do not receive the Newsletter” subscribed to each Newsletter.
14. Technical Configurations
14.1. Notwithstanding the following paragraph, By Layer may change the Service and / or the technical conditions of its provision, as well as the respective rules of use, and shall disclose to the User such changes at least 15 (fifteen) days in advance.
14.2. The current version of these General Conditions and their annexes is available at www.bylayer.pt
15.1. Whenever By Layer deems it necessary or convenient to optimize the browsing experience and / or improve connectivity conditions, it may remotely overhaul network settings.
15.2. Notwithstanding the provisions of the following paragraphs, and bearing in mind the innovative nature of the Service and the technological developments to which it may be subject, By Layer may change its technical configurations whenever appropriate to adapt it to any technological developments.
15.3. However, By Layer does not warrant to You any upgrades or improvements to the Service.
15.4. Some upgrades or new features of the Service may be available only upon payment by You and / or your subscription to Specific Conditions of Use.
16.1. The User may submit any contractual conflicts, arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to By Layer of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
16.2. The claim must be filed within 30 (thirty) days from the date of knowledge of the facts by the User, and the By Layer Information Systems must decide on the complaint and notify the interested party within 30 (thirty) days from the date of receipt.
17. Applicable Law
The Contract is governed by Portuguese law.