TERMS AND CONDITIONS (T&C)

Welcome to www.dygitec.com We strive to ensure our customers receive an effortless experience and we hope that you enjoy all our website has to offer.
www.dygitec.com (the “Website”) is owned and operated by TENAZ & PERTINAZ – UNIPESSOAL LDA incorporated under the laws of the Portugal, with commercial license number 11313 and its registered in Porto, Portugal.

Website Terms

Please read these Terms and any other terms of use posted on the Website as together they form our Website Terms governing your utilisation of our Website and Website services (including the Website Call Centre). We may change these Website Terms from time to time without notice to you by posting the updated Website Terms on the Website, so please be sure to check regularly for updates. When you place an Order through our Website, you are deemed to have consented to the latest version of the Website Terms then posted on our Website. If a change in law means that we have to change our Website Terms after you have placed an Order but before it has been fulfilled, we are obliged to apply that change to your Order. In all other cases, the version posted at the time your Order was placed will apply. If you do not agree to be bound by the Website Terms, you should not use the Website.

Eligibility

We aim to make the Website and its associated services available to as many of you as possible. However, we do require that you are at least 18 years of age, able to lawfully: (i) make payment through one of our accepted tender types; (ii) agree to these Terms; and (ii) enter into binding Orders with us. In addition, only Orders with delivery addresses within Europe can currently be processed via Europe Website. The Website is for your personal or gift use only and commercial usage is not permitted.

Registration

In order to take advantage of the features and services of this Website, you can either utilize the Website. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate and complete. You can update your details by contacting us by email or, contacting in updating them in your Website profile. Our customer service agents will never ask you for your password. We are committed to complying with our Privacy Policy but are not responsible for any loss suffered through misuse of those details. Please notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order on the Website you warrant that you meet the Eligibility criteria described above and that the information you provide is yours and is accurate in all respects. Commercial entities are not eligible to register with us.

Privacy & Cookie Policy

Please refer to our Privacy & Cookie Policy for details on how we deal with your data.

Orders

When you place an Order with us, then subject to your rights to cancel or return the items, you commit to buy the packages described in that Order.
Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud. Items in your Website basket are not reserved until your Order is paid for.
The Website may contain or provide information regarding the availability of services. This information can be used to estimate the likelihood that a package will be available immediately upon Order placement.
Receipt of your Order will be acknowledged by email. However the Order is only confirmed when you receive a notification from us confirming dispatch of the relevant package(s). No party other than us has the authority to confirm acceptance of the Order.

Payment

We currently accept the following tender types for Orders placed on our Website: Visa, Mastercard, American Express, PayPal,  Tap Payment, or PayTabs. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorized, the payment method is not valid or where we do not think you are authorized to use to utilize the relevant tender type.
DYGITEC provides all possible payment options for our customer’s convenience. For payments made via Credit Card, Debit Card, we may request additional personal documents, such as a passport copy or ID card with photo, in order to confirm your order. This can be required to verify the identity of the buyer and protect the cardholder against any possibility of fraudulent payments. DYGITEC reserves the right to suspend or terminate the payment options available on your account and refuse any and all current or future use of the payment options available on the site (or any portion thereof) if it suspects there is fraudulent or suspicious activity. The Website is not liable or bound to inform or send specific communication to the user regarding the changes to your payment options on the website (or any portion thereof). It is the customer’s responsibility to get in touch with DYGITEC in order to get the payment options reactivated. Our website may contain links to websites owned and operated by third parties and which are there for your convenience.

PayPal Payments

Orders completed through PayPal will be redirected to a PayPal page.

Prices

Prices on the Website are displayed in Euro, and exclude any services you may elect to pair the purchase with, delivery costs, taxes or duties to which the purchase may be subject. Any such additional costs will be displayed before your final check out.
Where you purchase using a payment card denominated in a different currency to Euro, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.
Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur. If an error occurs and your Order:

  1. has already been processed, then we may at our discretion:
  2. cancel the Order (or part thereof), arrange for collection of the mis-priced item(s) from your original Order delivery address in the Euro and issue you a full refund including original Order delivery fees, taxes and duties (if applicable);
  3. where the price you paid is lower than the actual price of the item, honour the price in your Order; or
  4. where the price you paid is higher than the actual price of the item, refund you the difference;
  5. has not yet been processed, then we will notify you as soon as possible and only process the Order (or part thereof) once you have confirmed you are happy to buy at the correct price or otherwise cancel the Order (or part thereof) and refund your payment in full.

Promotional Codes and Discount Schemes

Promotional codes are valid only in accordance with their terms, until the date stated, can be used only once, are not redeemable for cash and cannot be used in conjunction with any other offer, sale or promotion. They are personal to you and cannot be transferred to third parties. Inner Circle discounts are currently not available for Orders placed through the Website.

Returns and Exchanges

Ordinary Returns

Subject to meeting the conditions set out in this Returns and Exchanges section, we offer a “no questions asked” free returns policy which allows you to return your order to us for any reason up to  14 days from  your Order, free of charge.

Refund Process

Refunds will only be processed after the item/Sservice returned have been approved. After approval, we will issue a refund of the full face value of your order charges and cash handling fees.
Your refund will be processed via the following method:

  • If you have paid using Tap Payment, or PayTabs, your refund will be processed in accordance with the vendors terms and conditions.

Cancellation

You may contact us at any time prior to your Order being marked as “Processed” on our online Order tracking system to cancel or change it. If you do so, we will at your request either: (i) cancel it free of charge and issue you with a full refund or (ii) do our best to change it, subject to the packages we provide  and any applicable price adjustment. Product Liability
By placing an Order through our Website, you acknowledge and agree that full liability for the services.

Title to Goods

Title to the items in your Order will pass to you on the later of the day on which: (i) you pay us in full for those items; or (ii) the day you receive the items. Risk in the items in your Order passes to you on delivery to the address detailed in the Order.

Intellectual Property Rights

 

Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual Property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. We have made every effort to ensure that the information on the Website accurate and complete but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.

User Generated Content

By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication in any form or media. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please contact us here. We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website.

Third Party Sites

Our Website do not include hyperlinks to other websites or resources operated by third parties. Descriptions
At the time of publication on our Website, all packages descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible.

The Sustainability Clause

In an effort to contribute to sustainability and eco-consciousness, the term “sustainability” is used to refer to any brand that contributes to a greener planet by adopting eco-friendly processes. The campaign acknowledges labels that are trying to make a difference in their own ways. For the Ounass guidelines that qualify labels to our Sustainable Steps initiative.

No Warranty

Except as otherwise provided in these Website Terms or required by applicable law, we make no representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Website membership, any Content, or any products purchased through the Website.
Your use of the Website is at your sole risk and it is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Website at any time. Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.

Liability

Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.
Nothing in this Agreement is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law.

Indemnity

You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction.

Entire Agreement

You acknowledge and agree that these Website Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.

No Agency

Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

Assignment

We may assign our rights under this Agreement to any entity under the ultimate beneficial control of the Al Tayer family.

No Waiver

Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

Illegality

If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms (or parts thereof) will not be affected and will remain in full force and effect.

Language

These Website Terms are published in English only. The English text will apply.

Disputes and Governing Law

These Website Terms are governed by the federal laws of Porto the laws of the Portugal and all disputes arising here under are subject to the exclusive jurisdiction of the courts of Portugal.

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