Terms & Conditions
1. SCOPE AND PURPOSE OF THE STORE'S GENERAL CONDITIONS
These General Conditions, together with the order form and the other elements referred to in them, are intended to govern the terms and conditions under which the my HI-FI HOUSE Online Store will operate, with a physical store at Avenida 5 de Outubro, 29 - 1050-047 Lisbon.
The My Hi-Fi House Online Store is owned by:
Soundsearch, Lda. VAT no.: 516652656
Registered office at Avenida 5 de Outubro, 29 - 1050-047 - Lisbon
The Service consists of making available, through the address myhifihouse.com, access to the Online Store which, in addition to providing information about a set of products and/or services, allows the user to order the products advertised on it electronically, under the terms and conditions described herein.
Products must be ordered by users aged 18 (eighteen) or over (individuals under this age must have authorization from their legal representatives). The elements and information provided by the User shall have full legal effect, the User acknowledging electronic purchases and being unable to plead the lack of a signature to avoid the obligations assumed.
2. PRODUCT INFORMATION AND CONTENT
my HI-FI HOUSE will do everything possible to ensure that the information presented contains no typographical errors, and these will be corrected promptly whenever they occur. If you purchase a product with characteristics different from those shown online, you have the right to terminate the purchase contract under the applicable legal terms (right of withdrawal - see point 9).
my HI-FI HOUSE will do everything possible to ship all ordered products, but it is possible that, in certain cases and due to causes difficult for my HI-FI HOUSE to control, such as human error or issues in the computer systems, some of the products requested by the user may not be available. If a product is unavailable after you have placed the order, you will be notified by e-mail or telephone. At that point you will be offered the option to cancel the order with a refund, if you have already made payment.
All information about prices, products, specifications, promotional campaigns and services may be changed at any time by my HI-FI HOUSE.
3. LIABILITY
3.1 All products and services sold in the my HI-FI HOUSE Online Store comply with Portuguese law.
3.2 The Store has adequate security levels; however, my HI-FI HOUSE shall not be liable for any damages suffered by the user and/or third parties due to delays, interruptions, errors and suspensions of communications originating 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 arising from downloading, through the service, infected files or files containing viruses or other properties that may affect the user's equipment. If for any reason of access error to the my HI-FI HOUSE Online Store website it is impossible to provide the service, my HI-FI HOUSE shall not be liable for any damages.
3.3 Data and information queries carried out under this Service are presumed to be made by the user, and my HI-FI HOUSE declines any liability arising from the abusive or fraudulent use of the information obtained.
3.4 my HI-FI HOUSE shall not be liable for any loss or damage caused by abusive use of the Service that is not directly attributable to it through wilful misconduct or gross negligence.
3.5 my HI-FI HOUSE is not liable for losses or damages arising from the non-performance or defective performance of the Service when this is not directly or indirectly attributable to it through wilful misconduct or gross negligence, and in particular is not liable for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including infringements of intellectual property; (iii) non-performance or defective performance resulting from compliance with judicial decisions or those of administrative authorities; or (iv) non-performance or defective performance resulting from situations of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to my HI-FI HOUSE and beyond its control, such as fires, power cuts, explosions, wars, riots, civil unrest, government decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond the control of my HI-FI HOUSE that prevent or impair the fulfilment of the obligations assumed.
3.6. my HI-FI HOUSE does not guarantee that:
3.6.1 (i) The Service is provided without interruption, is secure, error-free or works indefinitely;
3.6.2 (ii) The quality of any product, service, information or any other material purchased or obtained through the Service meets any expectation of the User in relation to it;
3.6.3 (iii) 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 such operation.
3.6.4 (iv) No advice or information, whether oral or written, obtained by the user from or through the Service will create any warranty not expressly stated in these General Conditions.
3.7. The User accepts that my HI-FI HOUSE cannot in any way be held liable for any damage, including but not limited to damages for loss of profits, data, content, or any other losses (even if previously warned by the user about the possibility of such damages), resulting from:
3.7.1 The use of or inability to use the Service;
3.7.2 The difficulty of obtaining any substitute goods/services;
3.7.3 Unauthorized access to or modification of personal databases.
4. CONSUMER OBLIGATIONS
4.1. The user undertakes to:
4.1.1 Provide correct personal data and addresses;
4.1.2 Not use false identities;
4.1.3 Respect the order limits imposed.
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 my HI-FI HOUSE declines any liability. Should the consumer breach any of these obligations, my HI-FI HOUSE reserves the right to cancel future purchases, block access to the store, cancel the provision of any other services made available simultaneously by my HI-FI HOUSE to the same user and, furthermore, to deny the user future access to any of the services provided by my HI-FI HOUSE.
4.3. Using the products and services purchased for commercial purposes, namely the resale of goods, is expressly prohibited.
5. PRIVACY AND PERSONAL DATA PROTECTION
5.1. my HI-FI HOUSE guarantees the confidentiality of all data provided by Users.
5.2. The personal data identified in the order form as mandatory are essential for the provision of the Service by my HI-FI HOUSE. The omission or inaccuracy of the data provided by the user is their sole and entire responsibility and may lead to the refusal of the Service by my HI-FI HOUSE.
5.3. The User's personal data will be processed and stored electronically and are intended to be used by my HI-FI HOUSE within the scope of the commercial relationship with the user.
5.4. Under the applicable legislation, the user is guaranteed, at no additional cost, the right to access, rectify and update their personal data, either directly or upon written request, as well as the right to object to their use for the purposes set out above, and should contact my HI-FI HOUSE for this purpose.
5.5. The Internet is an open network, so the user's personal data, other personal information and all 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, and my HI-FI HOUSE cannot be held liable for such access and/or use.
6. ORDER CANCELLATION
6.1 At the User's request
The user may cancel their order by requesting it from my HI-FI HOUSE by telephone or e-mail, stating the order number, which will be accepted provided the order has not yet been processed. After processing, my HI-FI HOUSE will attempt to deliver it, but the user has the option not to accept it.
For cancellation purposes, the user must provide the following information to my HI-FI HOUSE:
- Order number
- VAT number used for the order and delivery address
6.2 By decision of my HI-FI HOUSE
my HI-FI HOUSE reserves the right not to process orders when it detects any inconsistency in the personal data provided or observes misconduct by the buyer. my HI-FI HOUSE 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 result from technical problems or errors beyond the control of my HI-FI HOUSE.
7. RETURNS (RIGHT OF WITHDRAWAL)
7.1. The user, if a consumer, may exercise the right of withdrawal without being required to pay any compensation, within 14 (fourteen) days from the day the consumer acquires physical possession of the goods.
To exercise this right, the user may use the template below, stating all their identification data and the product they wish to return. The communication must be made, by letter, by returning the purchased goods, or by another suitable means capable of proof within the period defined above.
Within 14 (fourteen) days from the date of the withdrawal notice, the consumer must return the goods to my HI-FI HOUSE in proper condition of use.
Template for the withdrawal form (only fill in and return this form if you wish to withdraw from the contract)
- To [insert here the name, geographical address and, where applicable, the fax number and e-mail address of the trader]:
- I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale for the following goods (*) - Ordered on (*)/received on (*)
Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only if this form is notified on paper). (*) Delete as appropriate.
The packaging must be returned complete, as delivered, and accompanied by all documentation received, namely the following documents: the sales invoice and the document proving receipt of the product. The packaging and the documents indicated must be sent free of charge to the following address:
my HI-FI HOUSE
Avenida 5 de Outubro, 29 - 1050-047 - Lisbon
If the user chooses other means of return, the respective shipping costs will be their responsibility.
7.2. After receipt of the return at my HI-FI HOUSE, the user will be refunded the amount corresponding to the amount paid for the order (the sales invoice value). If a promotional discount code was used, that amount will not be refunded, i.e. the refund will only be for the amount actually paid.
7.3. The refund method depends on the payment method used for the order. For credit card and PayPal payments, these are credited to the respective accounts. In the remaining cases, when IBAN details are provided, the refund is made to the indicated bank account. Otherwise, the refund is made by cheque to the billing address. The refund is made within 14 days of receiving the withdrawal notice and the returned goods.
7.4. In the absence of any of the components of the item sold, or if any of them is not in excellent condition, there will be no refund of the price or shipping, and the product will be sent back to the original dispatch address.
8. MANUFACTURING DEFECT
8.1. In the case of a "manufacturing defect", i.e. when faults are detected in the equipment that in principle do not fall within the scope of the respective warranty, the user must return the equipment, together with a copy of the invoice and the completed "Equipment Exchange/Return Request" form, within a maximum of 30 consecutive days from the invoice date, to the following address:
my HI-FI HOUSE
Avenida 5 de Outubro, 29 - 1050-047 Lisbon
If the User chooses other means of return, the respective shipping costs will be their responsibility.
8.2. For the product exchange to be carried out, you must ensure that the packaging is complete (box, instruction manual, warranty certificate, terminal and accessories) containing all its components, in excellent condition.
8.3. In the absence of any of the elements mentioned above, or if any of the components is not in excellent condition, no exchange will take place, and the product will be sent back to the user.
9. WARRANTY
9.1. All equipment available in the Store is duly certified by the competent international bodies.
9.2. Equipment and accessories have a warranty period defined by the manufacturer, which under legal terms is at least 2 (two) years. This period is counted from the equipment's invoice date and can only be exercised upon presentation of the duly completed warranty certificate and/or proof of purchase (invoice).
9.3. Equipment that has exceeded the period defined by the manufacturer, or that shows defects caused by abnormal wear, improper installation, weather, electrical surges, negligence or accidents, mishandling, moisture/liquid ingress, use of non-original accessories or technical interventions by unauthorized personnel, is considered outside warranty conditions.
9.4. If the equipment breaks down and is covered by the warranty, the user may take it, along with the respective proof of purchase and/or warranty, to a brand technical assistance centre.
9.5. Accessories covered by the warranty that break down must be sent, with the respective proof of purchase and/or warranty, to the following address:
my HI-FI HOUSE
Avenida 5 de Outubro, 29 - 1050-047 Lisbon
If the user chooses other means of return, the respective shipping costs will be their responsibility. The user must always request the CTT receipt proving the shipment of the order.
9.6. If the equipment breaks down and this fault is not covered by the warranty, the user may take it, along with the respective proof of purchase, to a brand technical assistance centre.
10. INTELLECTUAL PROPERTY
10.1. The Store is a registered website and the Service provided by the site itself is the responsibility of my HI-FI HOUSE.
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, feature, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, so any use of such content may only occur with the express authorization of the respective holders.
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 the said rights, such as the reproduction, commercialization, transmission or making available to the public of such content, or any other unauthorized acts concerning the same content.
11. SERVICE SECURITY CONDITIONS
11.1. The User undertakes to observe all applicable legal provisions, namely not to carry out or encourage unlawful acts or acts offensive to good morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the legislation applicable to the processing of personal data and to advertising communications through automatic calling devices, and must also observe the rules for using the Service, under penalty of my HI-FI HOUSE suspending or deactivating the Service under the terms of point 14.
11.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that may be used by various users and, as such, is subject to computing overloads, so my HI-FI HOUSE does not guarantee the provision of the Service without interruptions, loss of information or delays.
11.3. my HI-FI HOUSE likewise does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or of force majeure (situations of an extraordinary or unforeseeable nature, external to my HI-FI HOUSE and beyond its control).
11.4. In the event of interruption of the Service due to unforeseeable overload of the systems on which it is based, my HI-FI HOUSE undertakes to restore its operation as soon as possible.
12. STORE SUSPENSION AND DEACTIVATION
12.1. Regardless of any prior or subsequent communication, my HI-FI HOUSE may, at any time and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all users.
12.2. my HI-FI HOUSE also reserves the right to immediately suspend or terminate access to the Service 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 my HI-FI HOUSE ceases access to the Store, by prior communication 15 days in advance of the termination date.
12.3. The suspension or termination of the Service by my HI-FI HOUSE, under the terms of the previous paragraphs, does not entitle the user or third parties to any compensation or other consideration, and my HI-FI HOUSE cannot be held liable or in any way burdened by any consequence resulting from the suspension, cancellation or termination of the Service.
12.4. In the situations described above, my HI-FI HOUSE will notify the user in advance so that they may, if they wish, safeguard the content of their order viewing area within 3 (three) business days of sending the e-mail or making the information available on the main page 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 relating to the Service, including any changes to these General Conditions, may be made to the user's e-mail address, by SMS or by telephone.
13.2. The user agrees to receive any and all communications and/or notifications related to the Online Store, at the address, contact telephone and/or e-mail address indicated in the order process.
At any time, you may request not to receive these communications and/or notifications through the Contact Form or through the "Do not receive the Newsletter" option included in each Newsletter.
14. TECHNICAL SETTINGS
14.1. Without prejudice to the provisions of the following paragraph, my HI-FI HOUSE may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and must inform the user of such changes at least 15 (fifteen) days in advance.
14.2. The version of these General Conditions and their annexes in force at any given time is available on the website myhifihouse.com.
15. COMMUNICATIONS
15.1. Whenever my HI-FI HOUSE deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure the network settings.
15.2. Without prejudice to the provisions of the following paragraphs, and given the innovative nature of the Service and the technological developments to which it may be subject, my HI-FI HOUSE may change its technical settings whenever this proves convenient to adapt it to any technological developments.
15.3. my HI-FI HOUSE does not, however, guarantee the user the performance of any upgrades or improvements to the Service.
15.4. Some upgrades or new Service features may be available only upon payment by the user and/or the user's subscription to Specific Conditions of use.
16. COMPLAINTS
16.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as complain to my HI-FI HOUSE about acts and omissions that violate the legal provisions applicable to the purchase of goods.
16.2. The complaint must be submitted within a maximum of 30 (thirty) days from the user becoming aware of the facts, and is recorded in the my HI-FI HOUSE information systems, which must decide the complaint and notify the interested party within a maximum of 30 (thirty) days from the date of its receipt.
The My Hi-Fi House Online Store is owned by:
Soundsearch, Lda. VAT no.: 516652656
Registered office at Avenida 5 de Outubro, 29 - 1050-047 - Lisbon
17. APPLICABLE LAW
The Contract is governed by Portuguese law.