TERMS AND CONDITIONS

1. SCOPE AND OBJECT OF THE TERMS AND CONDITIONS

These General Conditions are intended, together with the order form and the other elements referred to in them, to regulate the terms and conditions for the provision of the Online Shop blaubookshop.com Service ("Service" or "Shop") by Editorial Blau Lda., with headquarters at Rua Júlio Dantas, no. 117, 2750-670 Cascais, registered at the Commercial Registry Office of Lisbon under the single registration and VAT number 502784598 and with a share capital of 5,000 euros. The Service consists of providing, through the address www.blaubookshop.com, access to the Online Store which, in addition to provide information on a set of products and/or services, allows the User, electronically, to order the products displayed on the site, under the terms and conditions described herein.  The ordering of products must be made by Users with age equal to or greater than 18 (eighteen) years (individuals under this age must have the authorization of their representatives). The elements and information transmitted by the User will have legal effect, recognizing the User electronic purchases and can not allege the lack of signature for breach of obligations assumed.

2. PRODUCT INFORMATION AND CONTENTS

blaubookshop.com will do everything possible so that the information presented is typographically error-free, and will be quickly corrected whenever they occur. In case you purchase a product with different characteristics than those shown online, you have the right to cancel the purchase contract in the legal terms applicable (right of free resolution - see item 7). blaubookshop.com will do everything possible to deliver all products ordered, but it is possible that, in certain cases, and due to reasons difficult to control by blaubookshop.com, such as human error or computer system failure, it may not be possible to deliver any of the products requested by the User. If any product is not available after you have placed your order, you will be informed by email or phone. 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 blaubookshop.com.

3. RESPONSIBILITIES

3.1. All products and services commercialised on the blaubookshop.com Online Shop are in accordance with Portuguese Law.
3.2. The Shop has adequate levels of security, however blaubookshop. com will not be responsible for any damages suffered by the User and/or third parties due to delays, interruptions, errors and suspension of communications that are caused by factors beyond its control, namely any deficiencies or failures caused by the communication network or communication services provided by third parties, the computer system, the modems, the connection software or possible computer viruses or resulting from downloading ("downloading") 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 blaubookshop.com Website, it is impossible to provide the service, blaubookshop.com will not be responsible for eventual damages.
3.3. Data and information consultations made within the scope of this Service are assumed to have been made by the User, blaubookshop.com declining any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4. blaubookshop.com will not be responsible for any losses or damages caused by abusive use of the Service that are not directly attributable to blaubookshop.com's willful misconduct or gross negligence.
3.5. blaubookshop.com will not be liable for any loss or damage arising from the non-performance or defective performance of the Service when not directly or indirectly attributable to blaubookshop.com's willful misconduct or gross negligence and will not be liable for
(a) errors, omissions or other inaccuracies relating to the information made available through the Service;
b) Damages caused by the fault of the User or third parties, including intellectual property violations
(c) for failure to comply or defective performance resulting from compliance with judicial decisions or administrative authorities
d) The non-fulfillment or defective fulfillment resulting from the occurrence of force majeure situations, i.e., extraordinary or unpredictable situations external to blaubookshop.com and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, governmental decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by blaubookshop.com that prevent or jeopardize the fulfillment of the obligations undertaken.
3.6. blaubookshop.com does not warrant that the Service will be uninterrupted, secure, error-free or infinite in function, or that the quality of any product, service, information or other material purchased or obtained through the Service will fulfill any of your expectations of it.
3.7. Any material obtained in any way through the use of the Service is used at the User's own risk and the User will be solely responsible for any damage to its computer system and equipment or loss of data that results from such use.
3.8. 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.
3.9.The User accepts that blaubookshop.com cannot in any way be held responsible for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of such damages), resulting from the use or inability to use the Service, the difficulty in obtaining any substitute goods/services; and the unauthorised access or modification of personal databases.

4. CONSUMER'S OBLIGATIONS

4.1. The user undertakes to
a) Provide correct personal data and address;
b) Not to use false identities;
c) Respect 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 to process the order, or eventual non-delivery, the responsibility is the User's, and blaubookshop.com declines any further responsibility. In the event the consumer violates any of these obligations, blaubookshop.com reserves the right to terminate future purchases, block access to the shop, cancel the provision of any other services made available simultaneously by blaubookshop.com to the same User, and, furthermore, not allow the User future access to any services made available by blaubookshop.com.
4.3. It is strictly prohibited to use products and services acquired for commercial purposes, namely for the purpose of resale of goods.

5. PRIVACY POLICY

The treatment of your personal data is done in compliance with the legislation on the protection of personal data. The same, subject to computer processing, will appear in the database of Editorial Blau and are intended for registration, presentation of new products and promotional campaigns, as well as Editorial Blau's services. The collection and processing of the data provided are carried out in a secure manner, which prevents their loss or manipulation by hands other than Editorial Blau. However, although the Editorial Blau website has secure areas where the information circulates encrypted, there are other personal data that circulate in an open network and are not protected against eventual deviations, therefore Editorial Blau cannot be held responsible for the communication of access passwords, passwords, confidential codes and any sensitive information that may eventually be deviated. All customers have the right to access, rectify and cancel their data. If it is of your will, you may at any time no longer be included in our database. To do this you only have to send us an e-mail to the address info@blaubookshop.com expressing this desire, or by our Customer Support line: 91 350 24 79. Editorial Blau reserves the right to change the Privacy Policy, including the purposes of processing your Personal Data and, if Editorial Blau considers it necessary to make this change, the Privacy Policy will be updated and placed in our website. The continued use of our website will mean your consent to the changes. On any question regarding this commitment, please do not hesitate to contact us.

6. ORDER CANCELLATION

6.1. You may cancel your order by requesting blaubookshop.com to do so by telephone or e-mail quoting your order number which will be accepted as long as the order has not yet been processed. After processing, blaubookshop.com will attempt to deliver the order, but the User has the option not to accept it. For the purpose of cancellation, the user must provide blaubookshop.com with the following information
a) Order number;
b) VAT number under which the order was made
c) Delivery address.
6.2. By decision of blaubookshop.com: blaubookshop.com reserves the right not to process orders when it verifies any inconsistencies in the personal information provided or when it observes misconduct by the buyer. blaubookshop.com 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 result from technical problems or errors alien to blaubookshop.com.

7. DELIVERIES AND RETURNS (RIGHT OF WITHDRAWAL)

7.1. Right of withdrawal: You have the right to withdraw from this contract within a period of 14 calendar days, without giving any reason. The period for exercising the right of withdrawal expires 14 days from the day following the day on which you acquire possession of the good. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail) and for the period for withdrawal to be respected, it is sufficient that your communication concerning the exercise of the right of withdrawal is sent before the expiration of the withdrawal period.
7.2. Effect of withdrawal: If you withdraw from this contract, we will reimburse to you all payments received, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed that you have withdrawn from this contract. We will make such refunds using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, you will not incur any costs as a result of such refund.
7.3. Can I return an item? Returns will be accepted, under the terms and for the purposes of article 10 of Decree-Law 24/2014, of 14 February, upon prior contact via e-mail shop@blaubookshop.com or telephone +351 919 368 235. The returned products must be in their original packaging, accompanied by the respective document (Invoice, cash sale or delivery note) and we also ask that you send us, along with the order, a letter informing us of the reason for the return. You have 14 days, after receiving the order, to return the items, but if the items are not in perfect conditions, being damaged and not being Blaubookshop.com's responsibility, the return will not be accepted and the order will be sent back to the Customer.
7.4. Return and refund of ebooks and pdfs: We inform you that after delivery, at the time of invoicing, neither ebooks nor PDFs may be returned, as they are digital products and the execution of the respective download will be considered a breach of inviolability, not being possible, from that moment on, to proceed with their return under the terms and for the purposes foreseen in paragraph d) of art. No. 7 of Decree-Law No. 143/2001 of 26 April and Article 16(m) of Directive No. 2011/83/EU, of the European Parliament and of the Council, of 25 October 2011. On our website we try to provide examples and/or demo versions for eBooks and pdfs so that you can try them for free before downloading.

8. MANUFACTURING DEFECT

8.1. In the case of a "manufacturing defect", that is, when defects are detected in products which, in principle, do not fall within the scope of the respective guarantee, the User should return the product, together with a copy of the invoice and the completed form "Product Exchange/Return Request" within a maximum of 30 consecutive days from the date of the invoice to the following address: Livraria da Faculdade de Arquitectura de Lisboa Pólo Universitário | Alto da Ajuda Rua Sá Nogueira 1349-063 Lisbon. If the User opts for other forms of return, the respective costs of postage and packaging will be the responsibility of the User.
8.2. In order to exchange the product, the User should ensure that the packaging is complete and contains all components in an excellent state of conservation.
8.3. If any of the aforementioned elements are missing, or if any of the components are not in excellent condition, there will be no exchange, and the product will be sent back to the User.

9. INTELLECTUAL PROPERTY

9.1 The Shop is a registered site and the Service provided by the site itself is the responsibility of blaubookshop.com. 9.2 The User recognises that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation. 9.3 The User acknowledges that any content included in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other laws of property protection, so that any use of such content may only occur under the express authorization of the respective owners. 9.4 The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from any acts which may violate the law or the aforementioned rights, such as the reproduction, commercialisation, transmission or making available to the public of these contents or any other unauthorised acts which have the same object.

10. CONDITIONS OF SERVICE SECURITY

10.1. The User undertakes to comply with all applicable legal provisions, namely, not to practice or encourage the practice of illegal acts or offensive to good manners, such as sending indiscriminate unsolicited communications (spamming), in violation of the provisions of applicable legislation on the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules of use of the Service, under penalty of blaubookshop.com suspending or deactivating the Service under the terms foreseen in section 14.
10.2. 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, therefore, blaubookshop.com does not guarantee the provision of the Service without interruptions, loss of information or delays.
10.3. blaubookshop.com also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which the Service is based or in situations of force majeure (extraordinary or unpredictable situations outside blaubookshop.com's control).
10.4. In case of interruption of the Service due to an unpredictable overload of the systems on which it is based, blaubookshop.com is committed to regularize its operation as soon as possible.
11.5. 100% Secure Shopping. blaubookshop.com (Editorial Blau) guarantees that all your purchases in our Web site are secure, so you do not have to worry about the security of your credit card. All transactions are made through a secure encrypted server.

11. SUSPENSION AND DEACTIVATION OF THE SERVICE

11.1. Regardless of any prior or subsequent communication, blaubookshop.com may, at any time, and in its sole discretion, discontinue providing the Service and or part of the Service to one or all Users.
11.2. blaubookshop.com 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 section 4 and others referred to in the General Conditions;
b) When blaubookshop.com ceases the access to the Shop, with a prior notice of 15 days on the date of termination.
11.3. The suspension or termination of the Service by blaubookshop.com, under the terms of the previous paragraphs, does not imply the right of the User or third parties to any indemnity or other compensation, and blaubookshop.com will not be liable or in any way charged for any consequence resulting from the suspension, annulment, cancellation of the Service.
11.4. In the above mentioned situations, blaubookshop.com will communicate to the User, previously so that the User can, if so desired, safeguard the content of his viewing area of orders within 3 (three) working days after sending the E-mail or making the information available on the main page of the Service.

12. NOTIFICATIONS

12.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications to the User relating to the Service, including any amendments to these General Conditions, may be sent to the User's email address, by SMS or by telephone.
12.2. The User agrees to receive any and all communications and/or notifications related to the Online Store to the address, contact telephone number and/or email address ("Email") indicated during the order process.
12.3. You may, at any time, request to not receive these communications and/or notifications using the Contact Form or using the "Do not receive newsletter" option in each newsletter.
12.4. Whenever blaubookshop.com considers it necessary or convenient to optimise the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network configurations.
12.5. Without prejudice to the following paragraphs, and given the innovative nature of the Service and the technological evolutions to which it may be subject, blaubookshop.com may change the technical configurations of the Service, whenever it is convenient to adapt it to eventual technological developments. However, blaubookshop.com does not guarantee the User will receive any upgrades or improvements to the Service.
12.6. Some upgrades or new features of the Service may only be available against payment by the User and/or the User's subscription to Specific Terms of Use.

13. TECHNICAL CONFIGURATIONS

13.1.Without prejudice to the following paragraph, blaubookshop.com may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and must inform the User of these changes at least 15 (fifteen) days in advance.
13.2.The version of these General Conditions and their annexes in force at any given time is available on the website www.blaubookshop.com

14. PRICES

14.1. Prices shall be in euros, including taxes, taking into account the VAT in force on the date of payment of the order. The values indicated in the shop windows and product sheets correspond to the Publisher's price and the sale price at the blaubookshop.com website, the latter calculated according to the promotions and/or promotional discounts in force.

15. POSTAGE AND SHIPPING

15.1. Editorial offers various types of shipping for your order. At the checkout, the shipping types will be displayed, which the User can select depending on the delivery location. The calculation of shipping costs depends directly on the shipping address of your order. At checkout the types of shipping that the User can select depending on the delivery location will be displayed. Only during the checkout process, on the Order page, the different shipping methods are presented with their respective prices.
15.2.Editorial Blau will always endeavour to comply with the estimated delivery times, but if it anticipates difficulty in complying with the delivery times, it will inform the User, giving him/her the option to terminate the contract. By not exercising this right, we assume that the User maintains the interest in the order and that he or she consents to the delivery beyond this period.
15.3. To follow up on an order in progress, the User should go to the online customer area where they can check the status of their order or send an email to shop@blaubookshop.com.

16. PAYMENT METHODS

16.1. Editorial Blau offers the User the following methods of payment:
a) PayPal;
b) Credit card (Visa, Mastercard and American Express) via PayPal;
c) Bank Transfer;
d) ATM (Multibanco).
16.2. All ATM payments are made through the services and references of euPago, Instituição de Pagamento, Lda.

17. COMPLAINTS

17.1. The User may submit any contractual conflicts to the arbitration and mediation mechanisms that are or may come to be legally constituted, as well as complain to blaubookshop.com about acts and omissions that violate the legal provisions applicable to the acquisition of goods.
17.2.The complaint must be presented within a maximum deadline of 30 (thirty) days, counting from the knowledge of the facts by the User, being registered in the information systems of blaubookshop.com that will decide the complaint and notify the interested party within a maximum deadline of 30 (thirty) days, counting from the date of its reception.

18. RESOLUTION OF A CONSUMER DISPUTE

18.1.Customers in the Lisbon Metropolitan Area: under the terms and for the purposes of Law 144/2015, of 8 September, all disputes arising from purchase and sale or service provision contracts or related thereto shall be definitively resolved in accordance with the Regulations of the Lisbon Consumer Conflict Arbitration Centre, by one of the arbitrators appointed under the terms of the CACCL Regulations, whose contact details are:
http://www.centroarbitragemlisboa.pt/
Rua dos Douradores, nº 116 - 2º, 1100 - 207 Lisboa
Tel: +351 218 80 70 30
Fax: +351 218 80 70 38
E-mail: juridico@centroarbitragemlisboa.pt
Public Hours: Monday to Friday from 11 a.m. to 1 p.m.
18.2.Customers outside the Lisbon Metropolitan Area: in case of dispute, the consumer may resort to a Consumer Alternative Dispute Resolution (ADR) Entity and have more information at
www.consumidor.gov.pt and
www.consumidor.pt

19. APPLICABLE LAW

19.1. The Contract is governed by Portuguese law.