These Terms and Conditions comprise the following sections: 1. Introduction; 2. Terms of Purchase; 3. Use of the Platform; and 4. Various, such as policies, set of terms or any documents to which a link has been created in this document (jointly referred to as "Terms and Conditions").
1. INTRODUCTION
If a buyer places an order through the website www.cajocalf. pt, the Cajocalf application (the "Application") or any other website or application in which we present these Terms and Conditions (together referred to as the "Platform"), after confirmation of acceptance of said order, a purchase contract shall be entered into between the Buyer and Cajocalf de Carlos Alberto Jordão de Oliveira, with head office at Estrada Nacional 109 nº74, 3105-057 Carriço, Leiria, Portugal and with NIF PT133363074, which shall be governed by these Terms and Conditions and specifically by the Terms of Purchase mentioned below.
2. TERMS OF PURCHASE
The Buyer should carefully read these Terms of Purchase before ordering Products online through the Platform.
2.1 In which situations do these Terms of Purchase apply?
These Terms of Purchase apply to all offers and contracts related to the sale and delivery of Products by our Company. In other words, Purchaser agrees to these Terms of Purchase whenever (i) you order any item through the Platform, (ii) you order any item on any web page directly linked to the Platform or (iii) you accept an offer from our Company. You may deviate from these Terms of Purchase only if our Company grants you written agreement to do so.
2.2 Products
Our Company has different types of products. These may include Products fully designed and created by us ("Standard Products") - and Products which, although designed by us, may have been modified by the Buyer by adding their own content: the Buyer may, for example, add their name, select a player or number ("Custom Products"), together referred to as "Products".
We draw your attention to the fact that in case of limited edition or limited production Products, additional restrictions should apply, such as a limitation on the number of such Products by each consumer. These additional restrictions shall be made known to the Buyer through the Platform.
All Products displayed on the Platform are subject to stock availability. This means that although our Company endeavors to ensure that the Platform reflects stock availability, a Product displayed on the Platform may no longer be available for purchase.
There may be small color differences and other variations in the Products as a result of different image acquisitions, display technologies or other technical reasons. Cajocalf is not responsible for these variations and deviations. No rights can be derived from typing errors, product description or manifest errors in the Platform.
The Buyer must be 16 or older to buy Products through the Platform.
The Buyer must ensure that the information he provides to our Company in the order or order is accurate and complete.
2.4 What is the form of conclusion of a contract with the Buyer?
The following indications apply to all types of Products. All information presented in the Platform constitutes a mere invitation to trade. In other words, the information is not a contract proposal or a binding contract. The Buyer gives his agreement that the order he makes is a proposal to buy the Products indicated in it.
All orders placed by the Buyer shall be subject to acceptance by our Company. At any time, we shall be entitled to check an order in advance and/or refuse to accept it without giving any reasons and without our Company having any liability to the Buyer or third parties. If our Company does not confirm the Buyer's acceptance of the order within ten working days, the order shall be deemed to have been refused.
At our sole discretion, we may choose not to accept the Buyer's order. The following are examples of situations in which our Company may not accept the Buyer's order:
If the Product(s) is/are displayed on the Platform but is/are not or no longer available;
In case our Company cannot obtain authorization for the respective payment from the Buyer;
In the event that any shipping restrictions apply to a Product;
In the event that the Product(s) presented on the Platform includes an error (manifest) such as having an incorrect price or being described or presented incorrectly.
In case our Company is unable to process the Buyer's order due to technical reasons;
If our Company knows or has a reasonable suspicion that an order was placed with the assistance or involvement of any software, robot, web browser, web browser, or any other automated means or device.
In the event that our Company does not accept the (part of) the order, it shall be entitled to cancel the (part of) the order without incurring any liability to the Buyer or any third party. Upon cancellation, our Company shall refund to the Buyer the amount paid to us under the cancelled order (or part of the order).
Our Company reserves the right to cancel the Buyer's order after the contract of sale has been drawn up, thereby terminating the same for the reasons set out in this section 2.4. under the headings a to f above. Upon cancellation, our Company shall refund to the Buyer the amount paid to us under the cancelled order (or part thereof).
After the Buyer has placed the order, our Company will send him by e-mail the confirmation of the order, with the respective number and information on the Products the Buyer intends to buy, as well as information regarding any delivery services. The acceptance of the order and the preparation of a contract of purchase and sale of the Products between the Buyer and our Company will not take place unless and until:
the Purchaser receives confirmation from our Company that the Products have been sent to him from our warehouse; or
the Buyer receives confirmation from the carrier that the Products are ready for collection, provided that this option is available on the Platform and the Buyer has chosen to collect the Product(s) at one of the carrier's offices or the carrier has stored the Products at the collection site; or
the Buyer receives a confirmation from our Company informing that the Products are ready to be collected in a selected Cajocalf store, in case this option is available on the Platform or the Buyer has chosen to collect the Products he ordered and paid through the Platform in one of the Cajocalf stores (Click and Collect).
Please note that it is possible that the "Click and Pick" function available on the Platform in your country does not include the option for the Buyer to place the order and pay for the Product on the Platform (as described in clause 2.4 iii), but to present the Buyer with the option to reserve a Product on the Platform and then make the purchase by paying for that Product locally in a Cajocalf store. Such reservation made through the "Click and Pick" function will only be possible in selected Cajocalf stores as it is indicated during the process of completion on the Platform. If the Buyer buys the reserved Product, he will be signing a purchase contract with the Cajocalf reseller that was chosen locally by him. This means that the Buyer can only return the Product(s) to the same store in which he bought them, without prejudice to the return policy of that store. Consequently, sections 2.13, 2.14 and 2.15 below do not apply as they only apply to the return of Products purchased through the Platform.
2.5 Reservation of ownership
All Products shall remain the property of Cajocalf until the Buyer has paid all amounts due to us under any agreement, including the payment of any expenses, prior or subsequent deliveries or partial deliveries. Buyer may not sell, dispose of or encumber any Product before full ownership has passed to the Buyer.
2.6 Maintenance of Products
We draw your attention to the washing and maintenance instructions printed on the Products labels. We are not responsible for any damage resulting from incorrect handling of the Products, including any handling contrary to the instructions.
2.7 Cancellation of Order
Notwithstanding the Buyer's right of retraction, it is possible, in limited circumstances, to cancel the Buyer's order with regard to Standard Products. The Buyer should contact us at Contact Us from the Platform for further information.
2.8 Price
Prices shown include VAT. Prices are quoted in Euro (EUR). Cajocalf reserves the right to make changes to the prices before an order is placed by the Buyer.
Our Company reserves the right to change, limit or cancel any special offers or discounts at any time.
Our Company may charge delivery charges. Delivery charges vary for each Product and type of delivery. Any delivery charges shall be charged separately for each item and added to the total amount of the order.
2.9 Methods of Payment
The Buyer should consult the Secure Payment section for information on available payment methods.
Cajocalf reserves the right to carry out an individual credit check for each order in accordance with the Cajocalf Privacy Statement. Depending on the results of this verification, Cajocalf reserves the right to refuse certain forms of payment.
2.10 Invoicing
When our Company chooses, or when we are required by applicable law, to issue or make available an invoice, it reserves the right to issue or make available electronic invoices and the Purchaser shall give its agreement to this form of invoicing.
2.11 Specific Aspects of Customized Products
To customize the Custom Product and make it personal, the Buyer can add their own content. The Buyer can add his name, select a player and a number, or be creative the way he wants. We only ask that you do it with decorum. Our Company reserves the right to remove inappropriate language and use of brand names. The Buyer should also note that some special features are not supported by our system.
We ask the Buyer not to use, upload, send, copy or disclose names, words or expressions that:
consist of or include the name of a product, service, company, organization or event that belongs to another person;
consist of or include the name or alias of a famous person (living or dead);
infringe or may infringe on the trademarks of others or other intellectual property rights;
are threatening, incite to violence, defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise illegal; and/or
are, in any other way, unacceptable to Cajocalf according to its sole criteria.
Cajocalf reserves the right to reject any personalization, names, words or expressions (or combinations thereof) that fall into any of the above categories. This should result in the cancellation of the order. Furthermore, Cajocalf should be entitled to ask for compensation equal to the value of the Products ordered.
Cajocalf reserves the right to reject any personalization, names, words or expressions (or combinations thereof) that fall into any of the above categories. This should result in the cancellation of the order. Furthermore, Cajocalf should have the right to request compensation equal to the value of the Products ordered.
The Buyer should take into account the fact that when placing the order for the respective Custom Products he should:
declare and ensure that any names, words or expressions which are used, or in relation to which the shipment is made, are presented, copied or in any other way made public for use in the respective Custom Product, do not fall into any of the above categories;
agree to indemnify Cajocalf and its associated companies and to keep Cajocalf and its associated companies indemnified in respect of all costs, expenses, damages, losses and liabilities incurred or suffered by Cajocalf or its associated companies as a result of the use of any names, words or expressions, in relation to which the shipment has been made, have been presented, copied or in any other way made public by the Buyer (including use in the respective Custom Product);
grant Cajocalf and its associated companies a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensed right to use, reproduce, disclose and change names, words or expressions submitted by the Buyer for the purpose of fulfilling the respective order; and/or
to the extent that the order involves Custom Products, the Purchaser shall not have any cooling-off period, right of revocation, right of return or right of retraction (Section 6:230p, f, under subsection 1 of the Dutch Civil Code).
2.12 Delivery
Our Company will deliver to the address indicated by the Buyer in Portugal, we make deliveries in Madeira and Azores. Our Company can only make deliveries to the address of a residence or office, or to the collection place of a carrier, or if the Buyer has chosen to collect the Products in a Cajocalf store, at the address of the Cajocalf store in question. This will be confirmed by our Company to the Buyer through an e-mail informing that the Products are ready for collection. If an attempt to deliver is not successful, the Buyer will give the agreement that the carrier that was hired by us to make the delivery can also deliver the Products to a neighbouring/next pick up address or point after which Cajocalf is considered to have fulfilled its obligation to deliver the Products. The carrier shall notify the Buyer of the delivery to the address or neighbouring/next collection point.
The shipping of orders will take place on working days as long as it is not a holiday in the area where our warehouse is located. Consequently, the Buyer shall take into account any holidays, including national and/or regional holidays in the Buyer's country of residence and in the locality of Cajocalf in Portugal. Deliveries shall be made on working days provided that it is not a holiday in the Buyer's country. Please note that holidays may vary by country and year.
For more information on delivery times, please contact us. Delivery times are merely indicative and therefore will not be considered as strict deadlines. The mere fact that a delivery time is exceeded will not entitle the Buyer to any compensation. Notwithstanding this fact, in the event of an unlikely delay in an express delivery, we may, at our discretion, refund the full cost of the express delivery. Please note that Custom Products have different delivery times. This means that the entire order placed by the Buyer for Standard Products and Custom Products will take longer to deliver. However, Customized Products can also be delivered separately from any other products that the Buyer may have ordered.
Cajocalf will be entitled, as far as reasonably possible, to make unfolded deliveries so that the Buyer receives the respective Products as soon as possible. Unfolded deliveries will not have any associated costs. However, in case the Buyer requests our Company to make unfolded deliveries, we may charge additional delivery costs. Each unfolded delivery will constitute an independent purchase contract. If our Company is late in delivering part of an order or a deployed order, it will be in default and will not give the Buyer any right to cancel any other part of the deployment order.
In the unlikely event that, after the conclusion of the purchase contract, our Company is unable, unable or no longer able to make the delivery (part of the delivery) of the Buyer's order and if it is not responsible for this situation, it will be entitled to terminate the purchase contract. Obviously, as soon as possible, our Company will inform the Buyer and proceed to the reimbursement of any payments already made.
2.13 Returns and Returns Policy
For practical information and instructions regarding the return of Standard Products, the Buyer should contact us.
In the event that the Buyer has a right of retraction in a purchase contract with our Company (and therefore returns your Standard Product(s) under Sections 2.14 or 2.15), the following conditions apply.
Notification of Returns and Return of Products
In order for the Buyer to exercise his right of withdrawal, he must inform our Company (Cajocalf de Carlos Alberto Jordão de Oliveira, at Estrada Nacional 109 Nº74 Carriço, Leiria, Portugal) of the withdrawal of the purchase contract (e.g. a letter sent by mail, fax or e-mail). The Buyer may use the model retraction form attached to these Terms and Conditions as Annex 1, however this procedure is not mandatory. The Buyer may also rescind the contract of sale and purchase using any electronic means, by filling in the due statement of retraction in our Platform in Contact Us. Should the Buyer use the said option, our Company shall confirm, by e-mail, the receipt of the retraction of the order.
In order to comply with the withdrawal periods referred to in Sections 2.14 and 2.15, the Buyer shall notify our Company of the fact that it is exercising its right of withdrawal before the respective withdrawal period.
The Standard Product shall be returned (following the instructions on the Platform) to our warehouse.
If the Purchaser returns its Products in accordance with the above instructions, our Company shall bear the costs of returning them. In some cases, the Buyer may request the carrier to collect the package for return, but this may result in an extra charge to the carrier. Returns which are not made in accordance with the above instructions will be at the Buyer's expense and responsibility.
Our Company shall notify Buyer by e-mail as soon as the returned Product(s) are received and processed.
Buyer shall note that special provisions shall apply to Custom Products, as they are specifically designed for Buyer. This means that (without affecting the Buyer's legal rights) our Company may not accept returns of such Products under the Voluntary Returns Warranty, unless they are defective in manufacturing.
2.14 Legal Right of Returns
The Buyer shall be entitled to terminate this contract within fourteen (14) days without giving any reason.
The period of notice shall be fourteen (14) days from the date Buyer or a third party indicated by Buyer other than the carrier has/have taken possession of the Products or, where the respective order contains several Products which are delivered separately, from the date of delivery of the last Product(s) composing Buyer's order ("Period of Notice").
To meet the retraction period, Buyer shall notify our Company that it is exercising its right of retraction before the expiration of the retraction period.
Buyer shall return or submit the Products immediately after, but in any event not later than fourteen (14) days from the date Buyer informs us of the retraction from the contract of sale in accordance with the Return and Returns Policy set forth in section 2.13, and the Products shall be packaged. The deadline shall be deemed to have been duly fulfilled, provided that the Buyer sends us the Products before their expiration.
If the Buyer terminates a purchase contract during the Returns Period in accordance with our Returns Policy (Section 2.13) and this Section 2.14, our Company shall refund the totality of the payments received from the Buyer for the Product/s, additional charges arising from the fact that the Buyer has chosen a carrier for delivery by our Company, if any) not later than fourteen (14) days from the date on which notice of withdrawal from this contract has been received by our Company. To make this refund, our Company shall use the same method of payment as that used by the Buyer in the original transaction, unless our Company has agreed a different method with the Buyer. Under no circumstances shall any fee be charged to the Buyer due to such refund. Our Company may withhold a refund until we receive the returned Products, or until the Buyer has sent proof that it has returned the Products, whichever occurs first.
The Buyer will only have to pay any amount due to the depreciation of the Products if this amount of depreciation results from the improper handling carried out on its behalf, while the investigation on the nature, characteristics and operation of the Products is carried out.
Exceptions to the right of retraction by the Purchaser
The Buyer shall have no right of withdrawal under either Section 2.14 or Section 2.15 with respect to contracts relating to:
Delivery of Products that are manufactured in accordance with Buyer's specifications or that are, without any doubt, customized according to Buyer's personal needs (Custom Products); and/or
Delivery of Products not suitable for any form of return for health or hygiene reasons and for which the seal has been removed before delivery.
2.15 Return of Customized Products
As specified in section 2.13, if the Custom Products have been created for the Buyer, our Company will not accept the return of any Custom Products, except in case of manufacturing defects. If the Purchaser's Standard Product has a defect, the Purchaser shall contact our Company for return instructions.
2.16 Exchange Policy
It may be possible to exchange your Product ("Original Product") for another Product ("New Product") under certain conditions, entirely at our discretion. The exchange is always subject to availability in stock. The Original Product must be returned in accordance with our returns policy set forth in sections 2.13-2.15. If the Original Product is not returned in accordance with our returns policy, we cannot refund it (in full) or make the charge for the New Product. The price of the New Product will be equal to the price of the Original Product, even if the applicable price and/or taxes have changed. Ordering your New Product is subject to the same terms regarding returns (see section 2.13-2.15) and contract formation as ordering your Original Product (see section 2.4), with the understanding that ordering the New Product will - mutatis mutandis - be treated as an order placed on our Website. Please see our Frequently Asked Questions (FAQ) for more information on order exchange.
2.17 Damaged or defective products
For Cajocalf, quality is paramount. Our Company performs exhaustive tests on all our Products in real conditions to ensure that they fully support the different uses for which they were designed. It is extremely rare that our Products are damaged or have defects. Cajocalf has a legal obligation to ensure that our Products are in accordance with the purchase contract.
Returned Products will be inspected by Cajocalf and the reimbursement of the same should be made as long as the damage resulted from a manufacturing defect or deviation from the manufacturing specifications. Our Company is committed to make a full refund of the cost of any defective Products.
If the problem has been caused for reasons other than the quality of materials or the assembly process, the original Product must be returned to the Buyer. Our Company does not refund Products:
obtained from a source other than the Platform;
that have been damaged by abuse or neglect (e.g., exposure to chemicals, caustic substances, open flame, excessive heat, sharp objects, etc.); and/or
that have been damaged by misuse or activities whose purpose is not the intended one (e.g. use of running shoes for court sports or walking shoes as work boots, etc.).
The Purchaser shall take into account that the life expectancy of any Product will depend on the person using the Product, the conditions of use and the wear patterns characteristic of the user. Our Products that are damaged by normal wear and tear or have exceeded the reasonable life of the Product will not be replaced.
Our customer service team will be available to support the Purchaser. The Purchaser should not hesitate to contact our Company for any questions or comments. The Buyer should contact our Company through the means provided in the Contact Us section of the Platform, or use the contact information indicated below under Miscellaneous.
2.18 Promotions
The Promotions are applicable from 1 January 2021 to 31 December 2021
3. USE OF THE PLATFORM
3.1 Introduction
These Terms of Use apply to the access to and use of the Platform, including the software included in the Platform ("Software")
Buyer's access to the Platform and information, materials, products, and services available through the Platform are subject to these Terms of Use, regardless of whether Buyer has an account through the Platform, which is linked to his/her name and/or contact information ("Account").
Buyer should carefully read these Terms of Use before using the Platform. If Buyer chooses to continue using or accessing the Platform after having had the opportunity to read these Terms of Use, he must acknowledge that Cajocalf has provided a valuable consideration by offering the Platform free of charge and in return Buyer has agreed to these Terms of Use.
If the Buyer does not agree to be bound by these Terms of Use, the Buyer cannot access or use the Platform.
3.2 Privacy Policy
The Platform Privacy Policy describes how our Company collects information about the Buyer through the Platform and how we use and disclose such information.
3.3 Changes to these Terms of Use
Our Company may, at any time, make changes to these Terms of Use if we believe it is reasonably necessary to do so (including with respect to safety and legal or regulatory reasons). Our Company shall give notice to the Buyer as far in advance as is reasonably practicable (we may do so either by communicating the changes when the Buyer connects to the Platform or by giving notice to the Buyer using the contact information the Buyer has provided and/or by any other means our Company considers appropriate).
In some circumstances, it may be necessary for Buyer to download the latest version of the Platform and/or accept a new version of these Terms of Use before continuing to use the Platform. Buyer's continued use of the Platform shall constitute Buyer's acceptance of any new or amended terms and/or updates thereof.
3.4 Copyright and Proprietary Rights
All Content presented or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sounds and illustrations protected by intellectual property laws other than Content Provided by the User (together "Content"), is the property of Cajocalf, its licensors, suppliers, agents and/or suppliers of Content.
Buyer shall not use the Platform or any Content for a purpose other than that intended. Except when we communicate otherwise on the Platform, Buyer may visualize, reproduce, print and download documents, audios and videos found on the Platform, but only for personal, informative and non-commercial purposes.
The Buyer shall not modify any of the materials, nor copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell any information or work contained in the Platform.
Except as authorized by applicable copyright law, the Buyer shall be responsible for obtaining authorization prior to the reuse of any copyrighted material that is available on the Platform. For the purposes of these Terms of Use, the use of any material found in another mobile application, Website or online is prohibited.
The Buyer shall be responsible for compliance with all legislation applicable to the Buyer and the use of the Platform. The Platform, its Content and all rights related thereto shall remain the exclusive property of Cajocalf or its licensors unless otherwise expressly agreed. Buyer shall not withdraw any copyright, trademark or other notices regarding the ownership of the material found on the Platform.
3.5 Trademarks
All trademarks, service marks and trade names of Cajocalf used as part of or related to the Platform (jointly referred to as "Marks") are trademarks or registered trademarks of Cajocalf , or its associated companies, partners, suppliers or licensors. The Buyer may not in any way use, copy, reproduce, republish, upload, publish, transmit, distribute or modify the Cajocalf Trademarks, including in advertising or publicity related to the distribution of materials on the Platform, without the prior written consent of Cajocalf. The use of Cajocalf Trademarks in any other Mobile Application, Website or online is not allowed. Cajocalf prohibits the use of Cajocalf Trademarks as a "hot" link in or to any other mobile application, website or online unless the establishment of such link has been previously approved.
3.6 Software
The Software is being supplied to the Buyer by Cajocalf in accordance with the terms below. Cajocalf grants the Buyer a non-exclusive, non-transferable and limited license to use the Software only with respect to the Platform. Except as specifically provided in these Terms of Use, the Buyer may not, in whole or in part: (a) copy the Software, (b) distribute copies of the Software, in whole or in part, to third parties; (c) modify, adapt, translate, reverse engineer, alter, decompile, disassemble or perform derivative works based on the Software, unless otherwise permitted by law; (d) use, rent, lend, sublicense, lease, distribute or attempt to grant other rights to the Software to third parties; or (e) use the Software to act as a service office or application service provider, or to allow access to the Software by third parties. Part of the Software may be provided by and/or owned by third parties.
Buyer may not use any software, robot, web browser, web browser, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Platform or its Content or to circumvent the structure or presentation of the Platform or any of its Content or (b) interfere with the operation of the Platform or any transaction that is carried out on the Platform, or interfere with or affect the use of the Platform by any person or help facilitate the purchase of any Product made by any third party through the Platform.
Buyer may not attempt to gain unauthorized access to any part or resource of the Platform or to any system connected to the Platform through piracy, password extraction or other illegitimate or unauthorized means.
Some of the third party materials provided by Cajocalf for use with the Software will be governed by open source software licensing agreements provided with such third party materials. Cajocalf will not make any claim of ownership over such open source software and it will be provided exclusively according to the accompanying license agreements. Consequently, the above restrictions on scope of use, ownership, modification and other provisions related to the Software cannot be applied to the said open source software.
3.7 Accuracy of Information
Our Company will try to ensure that the information on the Platform is complete, accurate and current. Despite our Company's efforts, this may not always happen. The Buyer should know that our Company is not obliged to maintain or update any information. The Buyer shall not rely on such information and any reliance on it shall be at the Buyer's own risk.
3.8 Minors
The Buyer must be 16 years of age or older to access or use the Platform.
3.9 Supply of information by the Buyer
Whenever the Buyer provides information about himself to our Company or to other users of the Platform, including when creating an Account, he is giving his agreement to: (a) to provide accurate and current information and not to provide information that attempts to impersonate any other person; and (b) to keep such information updated and updated immediately to keep it accurate and current. If the Buyer provides any information about itself that is not true or accurate, or if our Company has reasonable grounds to suspect that such information is false or inaccurate, our Company reserves the right to suspend or terminate any account opened by the Buyer, to reject the provision of services to the Buyer through the Platform, and/or to refuse any and all present or future use of the Platform or any part thereof.
3.10 User Supplied Content
Buyer understands that all information, data or other materials in relation to which he and other users of the Platform upload, post, transmit, publish, display or otherwise make available through the Platform, including information shared or made available to other users of the Platform. ("User Supplied Content") are the sole responsibility of the Buyer or the person who originated the said User Supplied Content. This means that Purchaser, and not our Company, is responsible for all User Content from which Purchaser uploads, posts, transmits, publishes, displays or otherwise makes available through the Platform.
Our Company does not control the Content Provided by the User that has been posted and, as such, does not guarantee the accuracy, integrity or quality of any Content Provided by the User. In addition, User Content is intended for informational purposes only and is not intended to be a substitute for any professional medical advice, diagnosis or treatment. Buyer shall understand that, when using the Platform, it may be exposed to User Content that is offensive, indecent or objectionable.
Our Company is not responsible for any User Supplied Content, and will not be liable for any loss or damage caused by any User Supplied Content or the use or reliance Buyer makes or has on it.
By uploading, posting, transmitting, publishing, displaying or otherwise making available the User-supplied Content through the Platform, Purchaser agrees that:
is the owner of all rights to such User Supplied Content;
has waived all "moral rights" it may have with respect to such User Content, including, without limitation, the right to be identified as the author of such User Content;
shall be entitled to allow the use of such User Content under these Terms of Use;
all User Content that you post shall be accurate, shall not violate these Terms of Use, shall not result in breach or violation of any terms of any contract or agreement with which you are currently or may be bound in the future, shall not violate or violate any applicable law, and shall not cause injury to any person or entity; and
The Buyer is at least 16 years old.
3.11 License granted by the Buyer to Cajocalf in relation to the Content Provided by the User
By uploading, posting, transmitting, publishing, displaying or otherwise making available the User Content Provided, Purchaser is granting our Company a worldwide, perpetual, non-exclusive, royalty-free license (with sublicense right) to use, reproduce, display, perform, adapt, modify, publish or distribute such User Content Provided, in whole or in part, in any form, media or technology (now known or later developed) as part of or in connection with the Platform.
Our Company may modify or adapt the Content Provided by the User, including to transmit, display or distribute it on the networks and meet the requirements of networks, services or other means. Our Company or third parties may, at their sole discretion, refer to the name or other identifier that Purchaser has provided when posting the User Supplied Content. Buyer shall ensure that the publication and use that our Company makes of the Content Provided by Buyer User will not infringe the rights of any third party.
3.12 Cajocalf's criteria for using the User-supplied Content
All Content Provided by the User that the Buyer uploads, posts, transmits, publishes, displays or makes available through the Platform may be used by Cajocalf in accordance with our Privacy Policy. Cajocalf reserves the right, at its sole discretion, to change, condense, delete or refuse to publish any User Supplied Content on the Platform. Cajocalf will not guarantee that the Buyer can edit or delete any User-supplied Content that the Buyer has made available in connection with the Platform. Our Company shall have no obligation to keep confidential any User-supplied Content that Buyer makes available through the Platform.
3.13 Buyer Conduct
The Buyer agrees to comply with all laws, rules and regulations applicable to the access and use that the Buyer makes of the Platform. Furthermore, the Buyer agrees not to do so:
upload, post, transmit, publish, display or otherwise make available through the Platform any Content Provided by the User that the Buyer knows is false, inaccurate or misleading;
upload, post, transmit, publish, display or otherwise make available through the Platform any User Supplied Content that violates any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
upload, post, transmit, publish, display or otherwise make available through the Platform, any Content Provided by the User, which is or could reasonably be considered as harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, injurious, invasive of the privacy of others, hateful, racially or ethnically or otherwise objectionable, or in any way harms minors;
forging headers or otherwise manipulating identifiers to disguise the origin of any Content Provided by the User transmitted through the Platform;
upload, post, transmit, publish, display or otherwise make available through the Platform, any User-supplied Content that Purchaser is not entitled to make available under any law or under any contractual or fiduciary relationship (such as inside or proprietary information and confidential information of which it has become aware or which has been disclosed as part of employment relationships or under confidentiality agreements);
upload, post, transmit, publish, display or otherwise make available through the Platform, any Content provided by the User that infringes any patent, trademark, trade secret, copyright, publicity or other right of any party;
upload, post, transmit, publish, display or otherwise make available through the Platform any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain messages, pyramid schemes or any other form of solicitation;
upload, post, transmit, publish, display or otherwise make available any User Supplied Content that has been provided by another User of the Platform (or an image or photograph that represents the said User Supplied Content) on any other Website, mobile application or online service, without the prior authorization of the said User;
upload, post, transmit, publish, display or otherwise make available through the Platform any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware, or telecommunications equipment;
take any measure that interferes with the proper functioning of the Platform, compromises the Platform's safety or, in any other way, damages the Platform or any material or information available through the Platform;
attempt to obtain unauthorized access to any part or resource of the Platform, to any other systems or networks connected to the Platform, to any of our servers or the servers of our service providers, or to any of the services offered on or through the Platform, including, without limitation, piracy, password extraction or any other unauthorized means;
investigate, scan, or test the vulnerability of the Platform or any network connected to the Platform or circumvent the authentication of measures on the Platform or any network connected to the Platform;
in accordance with Section 3.6, not use any automated means to collect information or the Content or access the Platform, including without limitation, through the use of technical tools known as robots, web researchers or web locators, without the prior authorization of our Company;
extract or otherwise collect and store information about other Users of the Platform, including e-mail addresses;
install any software, file or code that is not authorized by the User of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the User of the computer or device
interfere with or interrupt the operation of the Platform's Networks or server networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.
3.14 Links to Websites and online services owned or controlled by third parties and third party concessions
For the convenience of the Buyer, the Platform may contain links to or that sometimes redirect the Buyer to Websites and/or online services owned or controlled by third parties. In addition, at the request of the Buyer, the Platform may link to social networking Sites which are not owned or controlled by our Company.
Such Websites and online services are not under the control of our Company and Buyer agrees that our Company shall not be responsible for the accuracy, collection, use or disclosure of information, copyright compliance, legality, decency, or any other aspect of such Websites and online services, including the operation of the same, or the Content displayed on or through them. The inclusion of any such links on the Platform does not imply our endorsement of any Web Site or online service, the Content displayed on or through it, or any association with its operators, and Buyer agrees not to hold us liable for any loss that may arise from your access to or use of any linked Web Site or online service.
3.15 Registration and passwords
The Buyer may be authorised or requested to register or obtain login identification and password before being given access to certain pages on the Platform. The Buyer acknowledges and agrees that it is responsible for maintaining the confidentiality of his identification and password for login, as well as for the uses of his identification and password for login, and/or account, whether or not authorized by us. Buyer agrees to immediately notify our Company of any unauthorized use of your ID and password for login or account, or any other security breach involving access to the Platform through your account. Buyer acknowledges that it may be held liable for any loss or damage incurred by our Company or any other person or entity, arising from the use made by another person in connection with its login or account identification and password, as a result of Buyer not having taken reasonable measures to keep the information contained in its account secure and confidential.
Operation of the Platform and termination of this contract
Our Company reserves the right, at any time, to take any of the following measures, at our sole discretion and with or without prior notice: (i) to modify, suspend or terminate Buyer's operation or access to the Platform, or any part thereof, or the contract entered into between Buyer and our Company under these Terms of Use, for any reason, including, without limitation, the violation of these Terms of Use by Buyer; (ii) to modify or change the Platform, or any part thereof; (iii) to interrupt the regular operation of the Platform, or any part thereof, as may be necessary to perform or not perform routine maintenance, correct errors, or introduce other changes to the Platform.
When the contract is, for any reason, cancelled under these Terms of Use:
all rights granted under these Terms of Use will cease;
the Buyer shall immediately cease all activities authorized by these Terms of Use, including the use of the Platform;
Buyer shall immediately delete or remove the Platform from its device(s) and immediately destroy all copies, total or partial, of the Platform still in its possession, custody or control and, if requested by our Company, assure our Company (or someone appointed by us) that this has been done.
The Buyer may, at any time, terminate this contract, without notice and for any reason, by uninstalling the Application. The methods of uninstallation vary depending on the Buyer's device. To uninstall the Application, Buyer shall use the Application manager provided with its device or consult the manual of the respective device for reference.
The sections entitled "License Grant by Buyer" to Cajocalf with respect to Content Provided by User, and "Our Company's Liability for Any Loss or Damage Suffered by Buyer" shall continue in effect after the termination of this Agreement under these Terms of Use.
3.17 Platform Access
Neither Cajocalf nor any of its respective associates guarantee that the functions included in the Platform will be uninterrupted or error-free, or that defects will be corrected.
We may suspend, cancel, discontinue or change all or any part of the Platform without warning.
3.18 Liability of our Company for losses or damages suffered by the Buyer
Our Company will be responsible for the losses and damages foreseeable by us. If our Company fails to comply with these terms, we shall be liable for any loss or damage suffered by the Buyer which is foreseeable to arise from the breach of these terms or from our failure to use reasonable care and skill, but we shall not be liable for any loss or damage which is not foreseeable. Any loss or damage shall be foreseeable, whether it is obvious that it will happen or that, by the time the Buyer has accepted these terms, both the Company and the Buyer know that it will have a chance to happen.
Our Company does not exclude or in any way limit our liability to the Buyer in cases where it is illegal to do so. This will include liability for death or personal injury arising from the negligence of our Company or our employees, agents or subcontractors, or from fraud or fraudulent misrepresentation.
If any defective digital content provided by our Company damages a device or any digital content belonging to the Buyer, our Company shall repair the damage or pay compensation. However, our Company shall not be liable for damages that the Buyer could have avoided if he had followed our advice to make an upgrade offered free of charge, or for damages caused by the Buyer by not correctly following the installation instructions or implementing the minimum system requirements advised by our Company.
The Platform is for domestic and private use. If the Buyer uses the Platform for any commercial, business or resale purpose, our Company shall have no liability to the Buyer for any loss of profits, loss of business, business interruption or loss of business opportunity.
3.19 Even if our Company is late in applying this contract, we may still apply it at a later date.
Even if our Company is late in applying this contract, we can still apply it later. If our Company does not immediately insist that the Purchaser does something it is obliged to do under these terms, or if it delays in taking action against the Purchaser with regard to the latter's breach of this contract, this does not mean that the Purchaser does not have to do so and this shall not prevent our Company from taking action against the Purchaser at a later date.
4. MISCELLANEOUS
4.1 How can the Buyer contact our Company?
If the Buyer has any questions or comments about the Platform or the Cajocalf Terms and Conditions or in the unlikely event that the Buyer would like to make a complaint, he should not hesitate to contact our Customer Service through the means provided in the Contact Us section of the Platform.
Alternatively, the Buyer can also write to our Company at the following address:
Cajocalf of Carlos Alberto Jordão de Oliveira
Estrada Nacional 109 nº74,
3105-057 Carriço,
Leiria,
Portugal
4.2 Priorities
In case of contradiction between Cajocalf Terms and Conditions and any Content included in other parts of the Platform or in the links, the Cajocalf Terms and Conditions contained in this document shall prevail.
4.3 Changes to Cajocalf Terms and Conditions
Our Company reserves the right to make changes to these Terms and Conditions at any time.
The use of this Platform as well as any purchase contract between the Buyer and our Company shall be subject to the version of the Cajocalf Terms and Conditions in force on the date the order is placed through the Platform or on the day the Buyer navigates the Platform (as the case may be).
The Buyer should periodically check the Cajocalf Terms and Conditions for changes.
4.4 Data Protection
Cajocalf fully respects the privacy of people who access or use the Platform. For more details on how our Company uses cookies, the type of information we collect, the form and purpose for which we use it and under which circumstances we disclose the information, the Buyer should consult our Privacy Statement and Cookie Policy, which are part of these Cajocalf Terms and Conditions.
By placing an order, the Buyer is agreeing and understands that our Company may collect, use, store and process the Buyer's personal information in accordance with our Privacy Statement.
4.5 Separation
Each of the provisions of the Terms and Conditions of Cajocalf should be prepared separately and independently from the other provisions. If any provision is considered invalid, void or otherwise unenforceable, the said provision shall be considered as severable from any of the other provisions of these Cajocalf Terms and Conditions.
4.6 Subcontracting and assignment
Cajocalf reserves the right to subcontract, transfer, assign or replace any and all of our rights and obligations under Cajocalf's terms and conditions provided that the Buyer's rights under Cajocalf's terms and conditions are not affected. Buyer may not subcontract, assign or otherwise transfer any of its rights or obligations under Cajocalf's terms and conditions without our written consent.
4.7 Events beyond reasonable control
Cajocalf shall not be held liable for any delay or failure to perform or fulfil its respective obligations under Cajocalf's terms and conditions whenever the delay or failure arises from any cause beyond Cajocalf's reasonable control.
4.8 Applicable law and jurisdiction
Cajocalf's Terms and Conditions shall be governed by Portuguese law. Portugal's law applies to the purchase contract, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This will not affect the mandatory rights applicable under the law of the Buyer's country of residence.
The Buyer may submit any dispute that may arise from these Terms and Conditions either - at its discretion - to the competent court in Portugal, or to the competent court in the Buyer's country of habitual residence, if the Buyer's country of residence is an EU Member State, whose courts are - to the exclusion of any other court - competent to resolve the dispute in question. Cajocalf shall submit any dispute which may arise from these Terms and Conditions to the competent court of habitual residence of the Buyer, if it is an EU Member State or otherwise to the competent court of Amsterdam, the Netherlands.
4.9 Battery Information
Some of the products sold by Cajocalf have batteries.
The batteries and rechargeable batteries that contain dangerous substances are clearly identified by a crossed-out garbage can symbol. The chemical names of the corresponding hazardous substances may be indicated under the crossed-out bin symbol. Examples will include (Pb) lead, (Cd) cadmium and (Hg) mercury.
Old batteries and rechargeables should not be disposed of with conventional household waste. Batteries may be processed free of charge at a public collection point or in a store. The Buyer may also personally return the batteries he has purchased and the rechargeable batteries (without the devices) to our office. The Buyer should not return any batteries by mail.
4.10 European Scope of Dispute Resolution
European legislation requires all online stores to include the following link to the European Dispute Resolution Platform: http://ec.europa.eu/consumers/odr/.Tenha please note that adidas is not a member of any alternative dispute resolution body and that we do not agree with the use of such bodies while trying to solve any problems with our clients directly.
March 2020 version
APPENDIX 1 to these Terms and Conditions
Model of retraction form
Cajocalf of Carlos Alberto Jordão de Oliveira
Estrada Nacional 109 nº74,
3105-074 Carriço,
Leiria,
Portugal
I hereby communicate* that I/we portray my/our* purchase contract for the following asset:
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Ordered in*/received in*:
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Name(s) of consumer(s) and order number:
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Address of consumer(s):
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Date/Signature of consumer(s) (only if this form is notified on paper)
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(*) Delete what does not matter.