- Scope and Object of the General Terms and Conditions of the Online Store
These General Terms and Conditions are intended, along with the order form and other elements referred to therein, to regulate the terms and conditions under which the Vibe on Tour Online Store service is provided, located at ADDRESS ? LICENSE - Product Information and Content
Vibe On Tour will make every effort to ensure that the information presented does not contain typographical errors and will promptly correct them when they occur. If you purchase a product with different features than those presented online, you have the right to cancel the purchase contract under the applicable legal terms (right of free termination – see point 9). - Responsibilities
3.1 All products and services sold on Vibe On Tour Online Store comply with Portuguese law.
3.2 The store has adequate security levels, but Vibe On Tour will not be responsible for any losses suffered by the User and/or third parties due to delays, interruptions, errors, and communication suspensions that result from factors beyond its control, including deficiencies or failures caused by the communication network or communication services provided by third parties, the computer system, modems, connection software, or any computer viruses or file downloads containing viruses or other properties that may affect the User’s equipment. If, for any reason, there is an access error to Vibe On Tour’s online store that makes it impossible to provide the service, Vibe On Tour will not be responsible for any damages.
3.3 Data and information inquiries made in the context of this service are presumed to be made by the User, with the User acknowledging electronic acquisitions and not being able to claim the lack of a signature for failure to fulfill the assumed obligations.
3.4 Vibe On Tour will not be responsible for any losses or damages caused by abusive use of the service that are not directly attributable to it as a result of intent or gross negligence.
3.5 Vibe On Tour is not responsible for damages or losses resulting from the failure or defective performance of the service when such failure is not directly or indirectly attributable to it through intent or gross negligence. In particular, it shall not be responsible for: (i) Errors, omissions, or other inaccuracies related to the information provided through the service; (ii) Damages caused by the User’s or third party’s fault, including violations of intellectual property; (iii) Non-compliance or defective performance resulting from compliance with judicial decisions or administrative authorities, or (iv) Non-compliance or defective performance resulting from force majeure, i.e., extraordinary or unpredictable events outside the control of Vibe On Tour, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods, or other natural catastrophes or other situations beyond the control of Vibe On Tour that prevent or hinder the fulfillment of the assumed obligations.
3.6 Vibe On Tour does not guarantee that: (i) The service will be provided without interruption, be secure, error-free, or work indefinitely; (ii) The quality of any product, service, information, or any other material purchased or obtained through the service meets any user’s expectations regarding it; (iii) Any material obtained in any way through the use of the service is used at the User’s own risk, with the User being solely responsible for any damage caused to their system and computer equipment or any data loss resulting from this operation. (iv) No advice or information, whether oral or written, obtained by the User from or through the service, will create any warranty that is not expressly stated in these General Conditions.
3.7 The User accepts that Vibe On Tour cannot be held responsible in any way for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if the User has been previously warned of the possibility of such damages), resulting from: (i) The use or impossibility of using the service; (ii) The difficulty of obtaining any substitute for goods/services; (iii) Unauthorized access or modification to personal data databases.
- 4.0 Consumer Obligations
4.1 The User undertakes to: (i) Provide correct personal data and addresses; (ii) Not use false identities; (iii) Observe 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 eventual non-delivery, the responsibility is solely of the User, and Vibe On Tour declines any responsibility. In case the consumer violates any of these obligations, Vibe On Tour reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services provided by Vibe On Tour to the same User simultaneously, and also not allow the User’s future access to any services provided by Vibe On Tour.
4.3 The use of purchased products and services for commercial purposes, including the resale of goods, is expressly prohibited. - 5.0 Privacy and Personal Data Protection
5.1 Vibe On Tour guarantees the confidentiality of all data provided by Users.
5.2 The personal data identified in the order form as mandatory are indispensable for the provision of the Service by Vibe On Tour. The omission or inaccuracy of the data provided by the User is the sole responsibility of the User and may result in the refusal of the provision of the Service by Vibe On Tour.
5.3 The User’s personal data will be processed and stored electronically and are intended to be used by Vibe On Tour in the context of the contractual and/or commercial relationship with the User.
5.4 Under applicable law, the User is guaranteed, without additional charges, the right to access, correct, and update their personal data, directly or by written request, as well as the right to object to their use for the purposes set out in the previous paragraph, provided that the entity responsible for processing personal data is contacted for this purpose: EMAIL
5.5 The Internet is an open network, so the User’s personal data, other personal information, and all content hosted in the Service may circulate on the network without security conditions, including the risk of being accessible and used by unauthorized third parties for this purpose. Vibe On Tour cannot be held responsible for such access and/or use. - Cancellation of Reservations
6.1 At the User’s Request
The User may cancel their reservation by requesting it from Vibe On Tour through the provided phone number or email, referencing the reservation number, within a period of 14 days after the reservation is made.
6.2 By Decision of Vibe On Tour
Vibe On Tour reserves the right not to process reservations in cases where there is inconsistency in the provided personal information or when misconduct is observed on the part of the buyer. Vibe On Tour also reserves the right not to process any reservation or provide a refund in the event of errors in the values and/or product characteristics, if they result from technical issues or errors beyond the control of Vibe On Tour.
6.3 Refund
Vibe On Tour reserves the right to issue a refund through the same payment method used for the original payment, without any cost to the customer, within a maximum period of 14 days. If the refund is requested through a different method, no additional charges will be applied. - 7.0 Intellectual Property
7.1 The Store is a registered website, and the service provided by the website is the responsibility of Vibe On Tour.
7.2 The User acknowledges that the service contains confidential information and is protected by copyright, industrial property rights, and other applicable legislation.
7.3 The User acknowledges that any content that appears in advertising, highlighting, promotion, or mention of any sponsor or advertiser is protected by copyright and related rights, industrial property rights, and other laws for the protection of property. Therefore, any use of this content can only occur with the express authorization of the respective rights holders.
7.4 The User undertakes to fully respect the rights referred to in the previous paragraph, including refraining from any acts that may violate the law or these rights, such as reproduction, marketing, transmission, or making such content available to the public or any other unauthorized acts related to such content. - 8.0 Service Security Conditions
8.1 The User undertakes to comply with all applicable legal provisions, including not engaging in or promoting unlawful or offensive acts of good manners, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the applicable legislation on the processing of personal data and advertising communications through automatic calling devices. The User must also observe the rules for using the Service, under penalty of Vibe On Tour suspending or deactivating the Service under the terms provided for in point 14
8.2 The User expressly acknowledges and accepts that the IP network is a public electronic communications network capable of being used by several users and, as such, subject to computer overloads. Vibe On Tour does not guarantee the provision of the Service without interruptions, information loss, or delays.
8.3 Vibe On Tour also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is supported or due to force majeure (extraordinary or unpredictable events outside Vibe On Tour’s control).
8.4 In the event of the interruption of the provision of the Service due to unpredictable system overloads, Vibe On Tour undertakes to normalize its operation as soon as possible. - 9.0 Suspension and Deactivation of the Online Store Service
9.1 Regardless of any prior or subsequent communication, Vibe On Tour 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.
9.2 Vibe On Tour also reserves the right to suspend or immediately deactivate access to the Service in the following cases: (a) When the User does not comply with the usage conditions referred to in point 4 and others referred to in the General Conditions; (b) When Vibe On Tour deems access to the Store, provided prior communication is made 15 days before the deactivation date, necessary.
9.3 The suspension or termination of the Service by Vibe On Tour, under the terms of the previous paragraphs, does not give rise to the User’s or third parties’ entitlement to any compensation or other compensation, and Vibe On Tour cannot be held responsible or in any way burdened by any consequences resulting from the suspension, cancellation, or deactivation of the Service.
9.4 In the situations described above, Vibe On Tour will communicate with the User in advance so that the User can, if desired, safeguard the content of their order viewing area within 3 (three) business days from the date of the email or the information provided on the main page of the Service.
- 10.0 Communications
10.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications to the User relating to the Service, including any changes to these General Conditions, may be sent to the User’s email address, by SMS, or by telephone contact.
10.2 The User agrees to receive any and all communications and/or notifications related to the Online Store, at the address, contact phone number, and/or email address (“email”) indicated in the order process. At any time, you can request not to receive these communications and/or notifications using the Contact Form or by selecting the “Do Not Receive the Newsletter” option in each Newsletter. - 11.0 Technical Settings
11.1 Without prejudice to the provisions of the following paragraph, Vibe On Tour may change the Service and/or the technical conditions of its provision, as well as the rules of use, and must disclose such changes to the User at least 15 (fifteen) days in advance.
11.2 The currently effective version of these General Conditions and their annexes is available on the website. EMAIL: info@mariastuktuk.com - Communications
12.1 Whenever Vibe On Tour deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure network settings.
12.2 Without prejudice to the provisions of the following paragraphs, considering the innovative nature of the Service and the technological developments to which it may be subject, Vibe On Tour may change the technical settings as long as it is convenient to adapt to possible technological developments.
12.3 Vibe On Tour does not guarantee the User any upgrades or improvements to the Service.
12.4 Some upgrades or new features of the Service may only be available for a fee to the User and/or through the User’s subscription to specific usage conditions. - 13.0 Complaints
13.1 The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, and complain to Vibe On Tour about acts and omissions that violate the applicable provisions for the acquisition of goods.
13.2 The complaint must be submitted within a maximum period of 30 (thirty) days, from the date of knowledge of the facts by the User, and will be recorded in the information systems of Vibe On Tour, which will decide on the complaint and notify the interested party within a maximum of 30 (thirty) days, from the date of its receipt. - Applicable Law
The contract is governed by Portuguese law.
Please note that this translation is for general understanding, and in any legal matters or disputes, the original Portuguese version will be the legally binding document.