Terms and Conditions
1. Scope and object of the General Conditions Store
These Terms and Conditions are intended, with the order form, and the other items referred to therein, to regulate the terms and conditions that govern the provision of Genetia Service ("Service" or "Shop") by Genetia Jogos, Lda., headquartered at Rua Prof. Reinaldo dos Santos, 56, 8D; 1500-508 Lisbon PORTUGAL under the single registration and identification of legal person No 513445175, with a share capital of € 1,000.00, hereinafter referred to as "Genetia".
The Service consists of the provision, through the www.genetia.net address access to the Online Shop that in addition to providing information relating to a set of goods and / or services, allows the user, electronically, to order products disclosed therein, under the terms and conditions herein described.
Product orders should be made by users aged less than eighteen (18) years old (individuals under the age must have consent of their representatives). The data and information transmitted by the User shall possess full legal effect, recognizing the electronic User purchases and can not claim lack of signature for breach of obligations assumed.
2. Product Information and Content
Genetia will do everything possible so that the information presented does not contain typographical errors, and will be quickly corrected when they occur. If a product that has different characteristics to those presented online, the User has the right to terminate the purchase agreement according to applicable law (right of withdrawal - see point 9).
Genetia will do everything possible to send all the products ordered, but it is possible that in certain cases and due to causes hardly controllable by Genetia as human errors or incidences in the computer systems, it is not possible to provide any of the products ordered by the User. If a product is unavailable after making the order, the User shall be noticed by email or by phone. On that moment the user will be presented with the opportunity to cancel the order with the reimbursement if the payment has already been done.
All pricing information, product specifications, promotional activities and services may be amended at any time by Genetia.
3.1 All products and services sold in Genetia’s Online Store are in accordance with the Portuguese law.
3.2 The shop has adequate security levels, yet Genetia will not be responsible for any losses incurred by the User and / or third parties as a result of delays, interruptions, errors, and communication suspensions that are based on factors beyond its control, in particular any shortcomings or failures caused by the communications network or communications services provided by third parties, by computer systems, modems, connection software or any sort of computer viruses as a result of downloads through infected file services or any other properties that may affect the User’s equipment. If by any reason of access error to Genetia’s online shop that may cause any inability to provide service, Genetia shall not be liable for any loss.
3.3 The data queries and information made under this service, are assumed to be done by the User, declining Genetia any liability caused by abusive or fraudulent use of the information obtained.
3.4 Genetia will not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to title fraud or serious misconduct by Genetia.
3.5 Genetia is not liable for losses or damages resulting from failure or defective performance of the service everytime it is not directly or indirectly attributable as per deceit or gross negligence, not being responsible for, (i) errors, omissions or other inaccuracies related the information available through the Service; (ii) damage caused by user's fault or of others, including infringements of intellectual property, (iii) the failure or defective performance resulting from compliance with court decisions or administrative authorities or (iv) failure or defective performance resulting the occurrence of force majeure, ie unpredictable extraordinary events, outside Genetia’s responsibility unable to control by Genetia, such as fires, power outages, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations beyond the control of the Genetia that prevent or hinder the fulfillment of obligations assumed.
3.6. The Genetia does not guarantee that:
i) the service is provided without interruption, is safe, without errors or works in infinite form;
ii) the quality of any product, service, information or other material purchased or obtained through the Service meets any expectations of the User in relation thereto;
iii) any material obtained in any way through the use of the Service is used by account and risk of the User, which is solely responsible for any damage caused to your system and hardware or for any loss of data that results from this operation.
iv) no advice or information, whether oral or written, obtained by User or through the Service shall create any warranty not expressed in these terms and conditions.
3.7. The User agrees that Genetia can 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 it has been previously warned by the User about the possibility of such damages), resulting from:
i) the use or inability to use the Service;
ii) the difficulty of obtaining any substitute goods / services;
iii) access or modification not authorized to personal databases.
4. Consumer Obligations
4.1. The User agrees to:
i) Provide correct personal data and address;
ii) not use false identities;
iii) respect the imposed order limits.
4.2. If any of the data is incorrect or is insufficient, and for this reason there is a delay or inability in order processing or possible non delivery, the responsibility lies with the user, and Genetia declines all responsibility. Should the consumer violate any of these obligations, Genetia reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided by Genetia to the same user; and further, not to allow future access to the User to some or any services provided by Genetia.
4.3. It is expressly forbidden the use of goods and services purchased for business purposes, including for the purpose of resale.
5. Privacy and Personal Data Protection
5.1. Genetia guarantees the confidentiality of all data provided by users.
5.2. Personal data identified in the order form is mandatory and is indispensable Genetia’s service providing. The omission or inaccuracy of the data provided by the User are his sole responsibility and may result in the refusal to provide the Service by Genetia.
5.3. User's personal data will be processed and stored and is intended to be used by Genetia under contractual and / or commercial relationship with the User and, in the event of authorization by the User for the marketing of board games with customized theme.
5.4. Under applicable legislation, is guaranteed to the User, free of charge, the right to access, correct and update their personal data, directly or through written request, as well as the right to object to their use for intended purposes in 5.3, through direct contact with the entity responsible for processing the personal data: Genetia Jogos, Lda.
5.5. Internet is an open network, so the User's personal data, other personal information and content hosted on the Service may move in without security network, running even the risk of being accessible and used by unauthorized third parties, not being Genetia held responsible for such access and / or use.
6. Cancellation of orders
6.1 At the request of the User
User may effect the cancellation of an order, requesting it to Genetia through the phone number or e-mail stating the order number, which will be accepted as long as it has not yet been processed. After processing, the Genetia will attempt to deliver the order, but the user has the option not to accept.
For the purposes of cancellation the user must provide the following data to Genetia:
a) Order number
b) VAT number that made the order and delivery address
6.2 By decision of Genetia
Genetia reserves the right to not process orders when checking some inconsistency in the personal data given or observe misconduct by the buyer. Genetia reserves the right to not make the processing of any order or refund, in case there are errors in the values and / or characteristics of the products when they result from technical problems or errors beyond Genetia.
7. Return (right to withdraw)
7.1. The User can exercise the right of withdrawal without any compensation within fourteen (14) days from the day on which the consumer acquires physical possession of the goods.
To exercise this right, the User may use the template shown below and should indicate all his/her identification data, the subscribed service he/she wants to solve and the subscription date. The communication must be made by letter, by returning the purchased asset, or other suitable and susceptible evidence within the above timeframe.
The consumer shall within fourteen (14) days from the resolution of the communication date return the goods to Genetia under appropriate conditions of use.
Draft form for free withdrawal (just fill out and return this form if you want to terminate the contract)
To [here the trader's name, geographical address and, where applicable, the fax number and the email address of the trader]:
- Hereby communicate / communicate (*) that I / We (*) withdraw my / our (*) purchase and sale agreement for the following goods / for the provision of the following service (*) - Ordered on (*) / received in (*) -
Name (s) of consumer (s) - Address (s) of consumer (s) - Signature (s) of consumer (s) (only if this form is notified on paper). (*) Delete as appropriate.
The package must be returned complete, as delivered and accompanied by all the documentation received, inter alia, 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:
Genetia Jogos, Lda.
- Rua Prof. Reinaldo dos Santos, 56, 8D
1500-508 Lisbon PORTUGAL
If the User opts for other forms of return, the respective costs of delivery will be the user’s responsibility.
7.2. After receiving the return Genetia will send the user the amount corresponding to the amount paid for the order (sales invoice value). If you used a promotional discount code, this value will not be refunded, ie, the refund will be only at the amount paid.
7.3. The method of repayment of the amount to be returned depends on the payment method used in the respective order. For payments by credit card and PayPal, they are credited to the respective accounts. Otherwise, when given bank account number (IBAN) information, the refund is made to the indicated bank account. Otherwise, reimbursement is made by check to the address for billing. The refund is made within 14 days of receipt of the notice and the goods.
7.4. In the absence of any article components sold or if any of them is not in excellent condition, there will not be any refund of the price or the delivery. If that happens, the product will be resent to the initial shipping address.
8. Defect manufacturing
8.1. In case of "manufacturing defect", ie when breakdowns in product are detected, does not fall within the scope of the warranty, the user must return the equipment, along with a copy of the invoice and the "Exchange Application / Equipment Return" completed within 30 calendar days of the invoice date, to the following address:
Genetia Jogos, Lda.
Rua Prof. Reinaldo dos Santos, 56, 8D
1500-508 Lisbon PORTUGAL
If the user opts for other forms of return, the costs involved with shipping costs will be the user’s responsibility.
8.2. For the exchange of the product can be made, the User shall ensure that the package is complete (one box, 6 tokens, one die, one textile bag, two boxes of cards, rules, Question deck, and Cousins deck) containing all components that constitute it, in excellent condition.
8.3. In the absence of any of the items listed above, or if any of the components is not in excellent condition, there will not be any exchange, the product being returned back to the user.
9.1. All the components available in Genetia.net are duly certified by the relevant international institutions.
9.2. The fixtures and fittings have a warranty period defined by the manufacturer, which in legal terms is at least two (2) years. This period is considered from the equipment invoice date and may be exercised only upon presentation of proof of purchase (invoice) duly completed.
9.3. Are considered outside of the warranty conditions the equipment that has exceeded the period defined by the manufacturer or have defects caused by abnormal use, improper installation, acts of God, accidents, mishandling, and infiltration of moisture / liquids, use of non-original accessories and interventions techniques by unauthorized personnel.
If the User opts for other forms of return, the costs involved with shipping costs will be the User’s responsibility. The User should always ask the CTT (Portuguese post office Company) ticket that proves full shipping.
10. Intellectual Property
10.1. Genetia.net is a registered website and the service provided by the site itself is the responsibility of Genetia.
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 that appears in advertising, highlight, promotion or mention of any sponsor or advertiser is protected by laws relating to copyright and related rights, the laws related to intellectual property and other proprietary protection laws, so any use of such content may only occur under the express permission of their respective owners.
10.4. The User agrees to fully respect the rights referred to in the preceding paragraph, namely refraining from performing any acts that may violate the law or these rights, such as reproduction, sale, transmission or placement to the public of this content or any other unauthorized acts which have as their object the same content.
11.Security Service Conditions
11.1. The User agrees to comply with all applicable legal provisions, in particular, not to perform or promote the practice of unlawful or offensive acts of morals, such as the indiscriminate sending of unsolicited communication (spamming) contrary to the provisions in the legislation regarding processing personal data and advertising communications through automatic calling machines, and shall observe the rules of use of the Service, otherwise the Genetia suspend or terminate the Service in accordance with Section 14.
11.2. The User expressly acknowledges and agrees that the IP network is a public network susceptible electronic communications for use by multiple users, and as such, subject to computer overloads, so Genetia does not guarantee the provision of the service without interruption, loss of information or delays.
11.3. Genetia not also guarantees the provision of the service in unpredictable overload situations of the systems on which it is supported or force majeure (situations of extraordinary or unpredictable nature, outside the Genetia and that the same can not be controlled).
11.4. In case of interruption of the provision of the service for reasons unpredictable overload of the systems on which it is supported, Genetia undertakes to regularize their operation with the minimum of delay.
12. Suspension and deactivation Shop Service
12.1. Regardless of any prior or subsequent communication, Genetia may, at any time, and in accordance with its sole discretion, discontinue providing the Service and or part of the service to one or all users.
12.2. Genetia still reserves the right to suspend or terminate access to the Service immediately in the following cases:
a) When the user does not respect the conditions of use referred to in paragraph 4 and other referred to in the General Conditions;
b) When Genetia cease access to the Shop, with previous communication with an advance of 15 days from the date of termination.
12.3. The suspension or termination of the Service by Genetia, pursuant to the preceding paragraphs, no matter right of the User or third parties to any compensation or other compensation, not being Genetia liable or otherwise encumbered in any way for any consequence resulting from the suspension, cancellation, cancellation of the Service.
12.4. In the above situations, Genetia will notify the user in advance so that the user can, wanting to safeguard the contents of the users login area within three (3) working days of the email sending or making available Information on the main service page.
13.1. Without prejudice to other forms of communication provided for in the General Conditions, the notices given to the User that relate to the Service, including changes to the General Conditions, may be made to the email address of the user by SMS or telephone contact.
13.2. The User agrees to receive any communication and / or notification related to the Online Shop to the address, contact 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 via the Contact Form or through the option "Do not receive the Newsletter" inscribed on each Newsletter.
14. Technical Settings
14.2. The ruling version in every moment of these Terms and its annexes is available on the electronic site www.genetia.net
15.1. Whenever Genetia finds necessary or appropriate to streamline the browsing experience and / or improve connectivity conditions, may remotely reshape the network settings.
15.2. Without prejudice to the following paragraphs, and given the innovative nature of the service and technological developments that may be subject to Genetia can change the technical specifications of the same whenever it is deemed convenient to adapt it to any technological developments.
15.3. Genetia does not guarantee however the user making any upgrades or improvements in service.
15.4. Some upgrades or new features of the Service may be available only against payment of the User and / or subscription for the same, Specific Conditions of use.
16.1. The User can submit any contractual disputes, to mediation and arbitration mechanisms that are or will be legally constituted and lodge a complaint with Genetia on acts and omissions that violate the laws governing the procurement of goods.
16.2. The claim shall be submitted no later than thirty (30) days from the knowledge of the facts by the User, registered in Genetia information systems that will decide the complaint and notify the applicant within thirty (30) days from the date of its receipt.
17. Applicable Law
This contract is ruled by Portuguese law.