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 under which Flut Travels Online Store (“Service” or “Store”) will be provided by Flut Travels, with headquarters at Largo Cândido dos Reis, Block Fr.b, 1º Fr 3780-211 Anadia, under the single registration and corporate identification number 515154229, with the capital stock of EUR 5,000.00, hereinafter referred to as “FlutTravels”.
The Service consists in providing, through the address https://fluttravels.com, access to the Online Store which, in addition to providing information on a range of products and / or services, allows the User, electronically, ordering the products disclosed therein, under the terms and conditions described herein.
Product orders must be placed by Users who are 18 (eighteen) years of age or older (individuals under the age of 18 must have authorization from their representatives). The elements and information transmitted by the User will enjoy full legal effects, recognizing the User the electronic purchases, and the User can not claim the lack of signature for breach of obligations assumed.
Product Information and Contents
Flut Travels will do everything possible so that the information presented does not contain typographical errors, and will be quickly corrected whenever these occur. If you purchase a product that has characteristics different from those presented online, you have the right to proceed to the cancellation of the purchase contract in the applicable legal terms (right of free cancellation – see point 9).
Flut Travels will do everything possible to ship all the products ordered, but it is possible that, in certain cases and due to causes difficult to control by Flut Travels, such as human errors or incidences in computer systems, it will not be possible to make available any of the products ordered by the User. If any product is not available after you have placed your order, you will be notified by email or telephone. At that time you will be presented with the possibility of cancelling the order with the respective refund, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by Flut Travels.
Responsibilities
All products and services sold in the Flut Travels Online Store are in accordance with Portuguese Law.
The Shop has the appropriate levels of security, however Flut Travels shall not be liable for any damages suffered by the User and/or third parties due to delays, interruptions, errors and suspensions of communications that originate 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, the modems, the connection software or any computer viruses or those resulting from downloading (“download”) through the service of files infected or containing viruses or other properties that may affect the User’s equipment. If for any reason of access error to the Flut Travels Online Store’s website it is impossible to provide the service, Flut Travels will not be responsible for any losses.
The data and information queries made within the scope of this Service are presumed to have been made by the User, and Flut Travels declines any liability arising from the abusive or fraudulent use of the information obtained.
Flut Travels shall not be liable for any loss or damage caused by abusive use of the Service that is not directly attributable to it by way of malice or serious fault.
Flut Travels shall not be liable for damages or injury resulting from the non-performance or defective performance of the Service when this is not directly or indirectly attributable to its intent or gross negligence, and shall not be 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) the non-fulfillment or defective fulfillment that results from the fulfillment of judicial decisions or administrative authorities or (iv) the non-fulfillment or defective fulfillment that results from the occurrence of situations of force majeure, that is, situations of an extraordinary or unpredictable nature, outside of Flut Travels and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural disasters or other situations not controlled by Flut Travels that prevent or hinder the fulfillment of the obligations undertaken.
Flut Travels does not guarantee that:
i) the Service is provided uninterruptedly, is safe, error-free or operates infinitely;
ii) the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectation of the User in relation to the same;
iii) any material obtained in any way through the use of the Service is used at the user’s own risk, being the user the only one responsible for any damage caused to his 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 the user from or through the Service will create any guarantee that is not expressed in these General Conditions.
3.7. You agree that Flut Travels 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 the User has previously been advised of the possibility of such damages), resulting therefrom:
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.
Consumer Obligations
The user undertakes to:
i) Provide personal data and correct addresses;
ii) Not to use false identities;
iii) To respect the limits of orders imposed.
Should any of the data be incorrect or insufficient, and for this reason there is a delay or impossibility in the processing of the order, or eventual non-delivery, the responsibility lies with the User, and Flut Travels declines any responsibility. In the event that the consumer violates any of these obligations, Flut Travels reserves the right to eliminate future purchases, block access to the store, cancel the supply of any other services made available simultaneously by Flut Travels to the same User; and also not to allow the User future access to any or all of the services made available by Flut Travels.
The use of products and services acquired for commercial purposes, namely for the purposes of resale of goods, is expressly prohibited.
Privacy and Personal Data Protection
Flut Travels guarantees the confidentiality of all data provided by Users.
The personal data identified in the order form as being of obligatory supply are indispensable to the rendering of the Service by Flut Travels. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may give rise to a refusal to provide the Service by Flut Travels.
The User’s personal data will be processed and stored electronically and will be used by Flut Travels in the context of the contractual and/or commercial relationship with the User and, if authorized by the User, for the marketing of INDICATE CASE BY CASE AND AGREEMENT WITH THE OBJECTIVE OF THE COMPANY IN CONCRETE.
Under the terms of the applicable legislation, the User is guaranteed, without additional charges, the right to access, rectify and update his/her personal data, directly or by written request, as well as the right to object to their use for the purposes set forth in the preceding paragraph, and for this purpose he/she should contact the entity responsible for processing the personal data:
Flut Travels
Largo Cândido Dos Reis, Bloco Fr.b, 1º Fr
3780 – 211 Anadia
The Internet is an open network, so the User’s personal data, other personal information and all the content hosted on the Service may circulate on the network without security conditions, running the risk of being accessible and used by unauthorized third parties, and Flut Travels cannot be held responsible for such access and/or use.
Order Cancellation
At the request of the User
The User may cancel his/her order by requesting it from Flut Travels through the phone number or e-mail referring to the order number, which will be accepted as long as it has not yet been processed. After the order has been processed, Flut Travels will try to deliver it, but the User has the option not to accept it.
For the purpose of cancellation the User must indicate the following data to Flut Travels:
a) Order number
b) NIF with which you made the order and delivery address
By decision of Flut Travels
Flut Travels reserves the right not to process orders, when it verifies some inconsistency in the personal data presented or observes misconduct on the part of the buyer. Flut Travels reserves the right not to process any order or refund in case of errors in the values and/or characteristics of the products, when these are the result of technical problems or errors outside Flut Travels.
Return (Right of Resolution)
The User, in case of being a consumer, can exercise the right of withdrawal without any compensation, within 14 (fourteen) days from the day on which the consumer acquires the physical possession of the good.
To exercise this right, the User may use the draft below, and must indicate all your identification data, the subscribed service you wish to terminate and the date of subscription. The communication shall be made, by letter, through the return of the purchased good, or by other appropriate means and susceptible of proof within the period defined above.
The consumer must within 14 (fourteen) days from the date of the communication of the rescission return the goods to Flut Travels under proper conditions of use.
Draft for free withdrawal form (you must only fill in and return this form if you wish to withdraw from the contract)
– To [insert here the name, the geographic address and, eventually, the fax number and e-mail address of the professional]:
– I/we hereby inform you (*) that I/we withdraw (*) from my/our (*) contract of sale for the following good/for the provision of the following service (*) – Requested in (*)/received in (*) –
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, including the following documents: 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:
Flut Travels
Largo Cândido Dos Reis, Bloco Fr.b, 1º Fr
3780 – 211 Anadia
If the User chooses other forms of return, the respective shipping costs will be his responsibility.
After receiving the return at Flut Travels, the amount corresponding to the amount paid for the order (sales invoice amount) will be returned to the User. If you have used a promotional discount code, this amount will not be refunded, i.e., the refund will only be for the amount actually paid.
The method of refunding the amount to be returned depends on the method of payment used in the respective order. In the case of credit card and PayPal payments, these are credited to the respective accounts. In other cases, when information from NIB is provided, the refund is made to the bank account indicated. Otherwise, the refund is made by check to the billing address. The refund is made up to 14 days after receipt of the will of free resolution and receipt of the return of the goods.
In the absence of any of the components of the article sold or, if any of them is not in excellent condition, there will be no place for any refund of the price or postage, and the product will be sent back to the initial shipping address.
Intellectual Property
The Shop is a registered site and the Service provided by the site itself is the responsibility of Flut Travels.
The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
The User recognizes that any content that appears in the advertising, highlighting, 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 under the express authorization of the respective owners.
The User undertakes to fully respect the rights referred to in the preceding paragraph, in particular by refraining from any acts that may violate the law or such rights, such as the reproduction, marketing, transmission or making available to the public of these contents or any other unauthorized acts that have as their object the same contents.
Service Security Conditions
The User undertakes to observe all applicable legal provisions, in particular, not to practice or encourage the practice of illegal acts or offensive to good manners, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also observe the rules of use of the Service, under penalty of Flut Travels suspending or deactivating the Service under the terms provided in point 14.
The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network that may be used by several users, and as such is subject to computer overloads, and therefore Flut Travels does not guarantee the provision of the Service without interruptions, loss of information or delays.
Flut Travels also does not guarantee the provision of the Service in situations of unpredictable overload of the systems it supports or force majeure (situations of an extraordinary or unpredictable nature, outside Flut Travels and which cannot be controlled by it).
In case of interruption of the Service due to unpredictable overload of the systems in which it is supported, Flut Travels undertakes to regularize its operation as soon as possible.
Suspension and Deactivation of the Store Service
Regardless of any prior or subsequent communication, Flut Travels may, at any time and at its sole discretion, discontinue making the Service and/or part of the Service available to one or all Users.
Flut Travels also reserves the right to immediately suspend or terminate access to the Service in the following cases:
a) When the User does not observe the conditions of use referred to in point 4 and others referred to in the General Conditions;
b) When Flut Travels ceases access to the Store, upon 15 days prior notice of the date of termination.
The suspension or termination of the Service by Flut Travels, under the terms of the preceding paragraphs, does not matter the right of the User or third parties to any compensation or other indemnity, and Flut Travels may not be held liable or in any way burdened, for any consequence resulting from the suspension, cancellation, cancellation of the Service.
In the situations described above, Flut Travels shall communicate to the User in advance so that the User may, if he/she wishes, safeguard the contents of his/her order viewing area within 3 (three) working days of sending the e-mail or making the information available on the main page of the Service.
Communications
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 telephone contact.
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 e-mail address (“e-mail”) 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 option “Do not receive the Newsletter” registered in each Newsletter.
Technical Configuration
Without prejudice to the following number, Flut Travels may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and shall disclose such changes to the User at least 15 (fifteen) days in advance.
The current version of these General Conditions and their annexes is available on the website https://fluttravels.com
Communications
Whenever Flut Travels deems it necessary or convenient to optimize the navigation experience and/or improve connectivity conditions, it can remotely reformulate network settings.
Without prejudice to the following paragraphs, and aware of the innovative nature of the Service and the technological developments to which it may be subject, Flut Travels may change its technical configurations whenever it deems convenient to adapt it to possible technological developments.
However, Flut Travels does not guarantee the User the performance of any upgrades or improvements to the Service.
Some upgrades or new features of the Service may only be available against payment by the User and/or subscription to Specific Terms of Use.
Complaints
The User may submit any contractual disputes, to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to Flut Travels of acts and omissions that violate the legal provisions applicable to the acquisition of goods.
The complaint must be submitted within a maximum period of 30 (thirty) days, counting from the User’s knowledge of the facts, and recorded in FlutTravels’ information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days, counting from the date of its receipt.
Applicable Law
The Contract is governed by Portuguese law.
