Terms & Conditions

 

INTRODUCTION

This website is operated by Luis Filipe Ribeiro Dias NIF 26126127 . On this website, whenever we refer to “we” we refer to Luis Filipe Ribeiro Dias . As a user of the Ovelha Negra Premium Website, you are subject to acceptance of all terms and conditions set out here.

When visiting our website or purchasing something from us, you are using our service and therefore agreeing to respect our terms and conditions, including the terms and conditions referred to here.

These terms of services apply without limitation to browsers, Customers, suppliers, etc.

Please read our terms of service, as by using the site you agree to them. If you do not agree, then you should not use our website.

We reserve the right to change our terms of service whenever we see fit, so please check the respective tab regularly to be aware of any changes.

Our store is “Hosted” on Shopify Inc. They support our e-commerce platform allowing us to sell our products to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these terms of service, you are assuming that you are of legal age, or that the adult responsible for the minor has allowed him or her to use the website.

You may not use our products for any illegal activity (violating any law according to your country's jurisdiction), or for any commercial purpose not authorized by us.

You may not transmit viruses or code with a destructive purpose to us.

Any violation of our terms of service will immediately trigger a cancellation of the service we are providing you.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason.

As a user, you understand that all information content available, except your Credit Card information, can be transferred by encryption, between various networks and undergo changes to adapt to technical needs or to connect to some devices. Credit card information is always encrypted during data transfer between networks.

SECTION 3 – SERVICE AND PRICE CHANGES

The prices of our products may change without prior notice.

We also reserve the right, at any time, to terminate the service. All our responsibilities assumed towards the user up until that moment, and which are pending after that moment, will be fulfilled by us.

SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. Acting with due discretion, we can limit and/or cancel quantities purchased by people, by address or by order. These restrictions include orders placed “under” the same customer account, credit card, billing or delivery address.

In the event that we cancel or change the order in question, we will inform the user via email or telephone number.

You agree to provide correct and complete information about your purchase and your account information for all purchases you make. The user also agrees to update their account details, including email, credit card number and respective expiration dates so that all purchases continue without interruption and we can contact you if necessary.

SECTION 5 – OPTIONAL TOOLS

From time to time, we may use third-party tools over which we do not monitor and have no control or responsibility.

The user therefore agrees that we may eventually provide access to this type of tools without guarantees.

SECTION 6 – THIRD PARTY LINKS

Certain content, products and services available may include links from entities other than Gianni Kavanagh. These links may redirect you to websites for which we have no responsibility for their content or the way they operate.

SECTION 7- USER COMMENTS AND FEEDBACK

If, at our request, the user sends us some information, or spontaneously the user sends us an idea, suggestion, proposal, whether by email, post or any other means. The user is allowing us to edit, copy, publish, distribute and translate them at any time, without any restriction.

We will have no obligation to keep any comments confidential, no liability for comments posted on our website by users and we are not obliged to respond to requests that appear, in our judgment, inappropriate or outside the scope of our website.

The user also agrees that their comments must not in any way violate partners who may have a presence on the website, whether sporadic or permanent, namely “copyright”, privacy, abusive comments, etc…

SECTION 8 – PERSONAL INFORMATION

Please check our Privacy Policy

SECTION 9 – ERRORS, INCOHERENCES AND OMISSIONS

Occasionally, there may be information on our website that contains spelling errors, inconsistencies and/or omissions, whether in terms of product information, prices, promotions, offers, shipping costs, delivery times and product availability. We reserve the right to correct these errors, inconsistencies, omissions and to change or update this information, or to cancel orders if the information relating to the product is incorrect without prior notice (even while the order is in progress).

On the other hand, we are not obliged to correct, clarify information regarding our service or any other information on our website unless required by law.

SECTION 10 – PROHIBITED USE

The use of our website for:

  • Illegal purposes
  • Soliciting third parties for illegal purposes
  • Inflict attacks against our intellectual property and proprietary
  • Harassment, abuse, insult, defamation, intimidation, discrimination based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability.
  • Passing wrong information
  • Upload viruses or any type of malicious code that affects our website, other websites or the internet
  • Collect personal information from others
  • Use for the purpose of spam, phish, pharm, pretext, spider, crawl, or scrape
  • Any obscene and immoral intention

In any of these situations, we reserve the right to interrupt our service immediately.

SECTION 11 – WARRANTIES AND LIMITATION OF LIABILITY

We cannot guarantee that use of your service will be uninterrupted, secure or error-free.

You agree that we reserve the right to discontinue our service at any time without prior notice.

SECTION 12 - TERMINATION

Obligations and responsibilities between the parties subsequent to the eventual termination of our services will continue.

The terms and services will be valid until terminated by us or you.

If, relying on our judgment, we find that you have failed or suspect that you have failed at any point in the terms of service, we reserve the right to terminate our agreement with you at any time without notice, however you retain all liabilities until the date of termination.

SECTION 13 - CONTACT

Any questions regarding the terms of service should be sent by email to ovelhanegrafamalicao@gmail.com

 

ALTERNATIVE CONSUMER DISPUTE RESOLUTION

Law No. 144/2015 of September 8, transposed Directive 2013/EU, of the European Parliament and of the Council, of May 21, 2013, on the alternative resolution of consumer disputes.
The aforementioned diploma establishes the legal framework for the Alternative Resolution of Consumer Disputes mechanisms, creating the Consumer Arbitration Network in Portugal.
What are consumer disputes?
These are disputes initiated by a consumer against a supplier of goods or service provider, which respect contractual obligations resulting from purchase and sale or service provision contracts, concluded between an established supplier of goods or service provider and consumers resident in Portugal and in the European Union (article 2 no. 1 of Law no. 144/2015.

What is RAL?

ADR are mechanisms available to consumers and companies to try to resolve consumer disputes outside of court, in a faster and less expensive way. ADR covers mediation, conciliation and arbitration. The ADR process begins with an attempt to reach an agreement through mediation or conciliation. However, if this agreement is not reached, the parties involved can still appeal to the Arbitration Court, through a simple and quick process.

What are RAL entities?

They are independent entities, with specialized staff, who impartially help the consumer and the company to reach an amicable solution. These entities are authorized to mediate, conciliate and arbitrate consumer disputes. The aforementioned entities must be registered on the list provided for in article 17 of Law No. 144/2015.

Who is responsible for managing the list of RAL entities?

The Directorate-General for Consumer Affairs is the national authority competent to organize the registration and dissemination of the list of RAL entities (see ANNEX I).

How many RAL entities are there in Portugal?

In Portugal, there are ten Consumer Conflict Arbitration Centers. Seven are of generic competence and regional in scope, being located in Lisbon, Porto, Coimbra, Guimarães, Braga/Viana do Castelo, Algarve and Madeira. There is also a national territorial center (supplementary), the CNIACC - National Center for Information and Arbitration of Consumer Conflicts. There are also two specific competence centers specializing in the automotive sector and the insurance sector.

How does a company know which RAL entity it should recommend to its consumers?

The place where the contract for the purchase and sale of goods or the provision of services is concluded, which generally coincides with the location of the establishment, determines the competent arbitration center.

For example:

A company that has only one or more commercial establishments in a given municipality must only indicate the RAL entity that has the authority to resolve conflicts in that municipality.

A company that carries out its activity throughout the national territory must indicate all competent entities.
A vehicle repair workshop, an insurance company or a travel agency must indicate the specialized entities for these sectors.
Who is obliged to inform consumers about ADR entities?
All suppliers of goods and service providers, including those who only sell products or provide services via the Internet, are obliged to inform consumers about the ADR entities available or those they have voluntarily joined or to which they are bound by law. Only providers of Services of General Interest without economic compensation are excluded, such as social services provided by the state or on its behalf, health services and public complementary or higher education services.

The obligations arising from Law No. 144/2015 apply, with due adaptations, to all economic sectors not excluded by said law, including those in which specific legislation already exists that provides for the same obligation.

Is there any requirement to join an RAL entity?

This law does not require membership of any RAL entity, establishing only a duty to provide information on existing entities. However, there is a case for necessary arbitration for essential public services, such as electricity, gas, water and waste, electronic communications and postal services.

How should companies provide this information?

This information must be provided in a clear, understandable and appropriate way for the type of good and service that is sold or provided (article 18 nº 2 of Law nº 144/2015). Like this:

On the website of suppliers of goods or service providers, if any.

In purchase and sale or service provision contracts between the supplier of goods or service provider and the consumer, when these take written form or constitute adhesion contracts.
If there is no written form, the information must be provided on another durable medium, namely on a sign posted on the wall or posted at the sales counter or on the invoice delivered to the consumer.
Does the law provide for any standardized model of information to be provided to consumers?
No. However, a proposal for the design of a sign is attached (Annex II).

Who is responsible for monitoring compliance with the obligation to provide information to consumers?

It is up to the Food and Economic Security Authority and the sectoral regulators in their respective fields to monitor compliance with these duties, investigate the respective administrative offense processes and decide on these processes, including the application of fines and additional sanctions if necessary.

What is the consequence of not complying with the duty to provide information to consumers?

Failure to comply with the duty of information of suppliers of goods or service providers constitutes an administrative offence, punishable by:

Fine between €500 and €5000, when committed by a natural person.

Fine between €5,000 and €25,000, when committed by a legal person.
When does this new regime apply?
Law No. 144/2015 of September 8, came into force on September 23, 2015, and suppliers of goods or service providers had 6 months, counting from that date, to adapt to this new regime. Therefore, since March 23, 2016, companies must have this information available to their consumers.

ATTENTION: Consumer information about available RAL entities does not exempt suppliers of goods and service providers from providing consumers with the Complaints Book, mandatory under the terms of Decree-Law no. 156/2005, of September 15th.