1. Scope and Purpose of the General Conditions of the Store

These General Conditions, together with the order form and other elements referred to therein, are intended to regulate the terms and conditions governing the provision of the “Going Gremlin” Online Store by Go Trend Lda, with registered office at Rua Direita de Francos, 832/840 4100-210 Porto, under tax identification number 508567556, and telephone number +351918941289, hereinafter referred to as "Going Gremlin". The Service consists of providing, through the address https://www.going-gremlin.pt, access to the Online Store which, in addition to providing information regarding a set of products and/or services, allows the User, electronically, to order the products advertised therein, under the terms and conditions described herein. Viewing this website and ordering products must be done by Users aged 18 (eighteen) or over. The elements and information transmitted by the User will have full legal effect, and the User will acknowledge electronic purchases, and the User may not claim lack of signature as a breach of obligations assumed. 

2. Product Information and Content.

"Going Gremlin" will make every effort to ensure that the information presented is free from typographical errors, and will promptly correct any errors that may occur. If you purchase a product with characteristics different from those presented online, you have the right to terminate the purchase contract under applicable legal terms. "Going Gremlin" will make every effort to ship all products ordered, but in certain cases (sudden stock shortages or computer errors), it may not be possible to make some of the products requested by the User available. If a product is unavailable after you have placed your order, you will be notified by email and given the option to cancel the order and receive a refund if you have already paid for it, or to have the products replaced with similar ones. All information regarding price, products, specifications, promotional activities, and services may be subject to change at any time by "Going Gremlin."

3. Responsibilities

3.1 All products and services sold in the "Going Gremlin" Online Store comply with Portuguese law.

3.2 The Store has adequate security levels, but "Going Gremlin" shall not be liable for any losses suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions of communications originating from factors beyond its control, particularly any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software, or computer viruses, or resulting from the downloading of infected files or files containing viruses or other properties that may affect the User's equipment through the service. If, for any reason, an error occurs when accessing the "Going Gremlin" Online Store website and the provision of services is impossible, "Going Gremlin" shall not be liable for any losses.

3.3 Data and information queries made within the scope of this Service are presumed to be made by the User, and "Going Gremlin" declines any liability arising from the abusive or fraudulent use of the information obtained.

3.4 "Going Gremlin" shall not be liable for any losses or damages caused by abusive use of the Service that are not directly attributable to its willful misconduct or gross negligence.

3.5 "Going Gremlin" shall not be liable for losses or damages arising from non-compliance or defective performance of the Service when this is not directly or indirectly attributable to its willful misconduct or gross negligence. It shall not be liable, in particular, 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 intellectual property infringements; (iii) non-compliance or defective performance resulting from compliance with court or administrative authority decisions; or (iv) non-compliance or defective performance resulting from force majeure events, that is, extraordinary or unforeseeable circumstances beyond Going Gremlin's control, such as fires, power outages, explosions, wars, riots, civil unrest, government decisions, strikes, earthquakes, floods, or other natural disasters or other situations beyond Going Gremlin's control that prevent or impair the fulfillment of the obligations assumed.

3.6. Going Gremlin does not guarantee that: i) the Service will be provided uninterruptedly, error-free, or that it will function permanently; ii) the quality of any product, service, information, or any other material purchased or obtained through the Service meets any User expectations regarding it; iii) any material obtained in any way through the use of the Service is used at the User's own risk, and the User is solely responsible for any damage caused to their computer system and equipment or for any loss of data resulting from such use. iv) no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty not expressly stated in these General Conditions.

3.7. The User agrees that "Going Gremlin" cannot under any circumstances be held liable 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: i) the use or inability to use the Service; ii) the difficulty in obtaining any substitute goods/services; iii) unauthorized access to or modification of personal databases.

4. Consumer Obligations

4.1. The user agrees to: i) Provide accurate personal data and addresses; ii) Not use false identities; iii) Respect the imposed order limits.

4.2. If any of the data is incorrect or insufficient, resulting in a delay or inability to process the order, or eventual non-delivery, the responsibility lies with the user, and "Going Gremlin" declines any liability. If the consumer violates any of these obligations, "Going Gremlin" reserves the right to eliminate future purchases, block access to the store, cancel the provision of any other services simultaneously provided by "Going Gremlin" to the same user; and also prohibit future access by the user to any service or services provided by "Going Gremlin."

4.3. The use of the products and services purchased for commercial purposes, particularly for the resale of goods, is expressly prohibited.

 

5. Order Cancellation

5.1 At the User's Request: The User may cancel their order by sending an email to info@going-gremlin.pt, mentioning the order number. This will be accepted as long as the order has not yet been processed. After processing, Going Gremlin will attempt to deliver the order, but the User has the option of not accepting it. To cancel, the User must provide Going Gremlin with the following information: a) Order number b) Name under which the order was placed and delivery address

5.2 At the discretion of Going Gremlin, Going Gremlin reserves the right to refuse to process orders if it finds any inconsistency in the personal data provided or observes misconduct on the part of the buyer. "Going Gremlin" reserves the right to refuse to process any order or refund if errors in the prices and/or characteristics of the products are found, resulting from technical problems or errors beyond the control of "Going Gremlin."

 

6. Returns (Right of Withdrawal)

6.1. If you are a consumer, you may exercise your right of withdrawal without being required to pay any compensation within 14 (fourteen) days from the date you acquire physical possession of the item. To exercise this right, you must provide all your identification information, the product you wish to withdraw from, and the date of signature. This notification must be made by letter, upon return of the purchased item, or by another appropriate and verifiable means within the timeframe defined above. You must return the items to "Going Gremlin" within 14 (fourteen) days from the date of notification of withdrawal in the same condition as received. The packaging must be returned complete, as delivered, and accompanied by all documentation received, including the following: sales invoice and the document proving receipt of the product. The packaging and the indicated documents must be sent to the following address: Go Trend, Lda., Rua Direita de Francos, 832/840, 4100-210 Porto.

6.2. Upon receipt of the return at "Going Gremlin," the User will be refunded the amount corresponding to the amount paid for the order (sales invoice amount). If you used a promotional discount code, this amount will not be refunded; therefore, the refund will only be for the amount actually paid.

6.3. The refund method depends on the payment method used for the respective order. Credit card payments are credited to the respective accounts. In other cases, when the NIB information is provided, the refund will be made to the bank account provided. Refunds are made within 14 days of receiving the written consent and the return of the item.

6.4. If any of the components of the item sold are missing, or if any of them are not in excellent condition, there will be no refund of the price or postage.

7. Intellectual Property

7.1. The Store is a registered website, and the Service provided by the website itself is the responsibility of "Going Gremlin."

7.2. The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property, and other applicable laws.

7.3. The User acknowledges that any content contained in the advertisement, highlight, promotion, or mention of any sponsor or advertiser is protected by copyright and related rights, industrial property, and other property protection laws. Therefore, any use of such content may only occur with the express authorization of the respective owners.

7.4. The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from any acts that may violate the law or said rights, such as the reproduction, commercialization, transmission, or making available to the public of such content, or any other unauthorized acts involving such content.

 

8. Service Security Conditions

8.1. The User agrees to comply with all applicable legal provisions, in particular, not to engage in or encourage the practice of unlawful or offensive acts, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the applicable legislation on the processing of personal data and advertising communications via automatic calling devices, and must also comply with the Service's terms of use.

8.2. The User expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network capable of being used by multiple users and, as such, is subject to computer overload. Therefore, "Going Gremlin" does not guarantee the provision of the Service without interruptions, loss of information, or delays.

8.3. "Going Gremlin" also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is supported or force majeure (situations of an extraordinary or unforeseeable nature, outside of "Going Gremlin"'s control).

8.4. In the event of interruption of the Service due to unforeseeable overload of the systems on which it is supported, "Going Gremlin" undertakes to restore its operation as quickly as possible.

9. Suspension and Deactivation of the Store Service

9.1. Regardless of any prior or subsequent notice, "Going Gremlin" may, at any time, and at its sole discretion, discontinue providing the Service and/or part of the Service to one or all Users.

9.2. "Going Gremlin" also reserves the right to immediately suspend or terminate access to the Service in the following cases: a) When the User fails to comply with the terms of use referred to in section 4 and others referred to in the General Conditions; b) When "Going Gremlin" terminates access to the Store, upon prior notice 15 days prior to the termination date.

9.3. The suspension or termination of the Service by "Going Gremlin" under the terms of the previous paragraphs does not affect the User's or third parties' right to any compensation or other compensation, and "Going Gremlin" cannot be held liable or in any way liable for any consequences resulting from the suspension, cancellation, or termination of the Service.

 

10. Communications

10.1. Without prejudice to other forms of communication provided for in these General Conditions, notifications to the User related to the Service, including any changes to these General Conditions, may be sent to the User's email address, via SMS, or by telephone.

10.2. The User agrees to receive any and all communications and/or notifications related to the Online Store at the address, contact telephone number, and/or email address ("email") provided during the order process. At any time, you may request not to receive these communications and/or notifications through the Contact Form.

 

11. Technical Settings

11.1. Without prejudice to the provisions of the following paragraph, "Going Gremlin" may change the Service and/or the technical conditions for its provision, as well as the respective rules of use, and must notify the User of such changes at least 15 (fifteen) days in advance.

11.2. The current version of these General Conditions and their appendices is available on the website www.going-gremlin.pt.

 

12. Regulations for the Provision and Sale of Alcoholic Beverages to the Public

12.1. In accordance with Decree-Law No. 106/2015, of April 16, Going Gremlin declares that the sale of beer to minors is expressly prohibited.

 

13. Complaints

13.1. The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or may be legally established, as well as complain to "Going Gremlin" about acts and omissions that violate the legal provisions applicable to the acquisition of goods.

13.2. The complaint must be submitted within a maximum period of 30 (thirty) days from the date the User becomes aware of the facts, and will be recorded in "Going Gremlin"'s information systems. "Going Gremlin" will resolve the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.

 

14. Applicable Law: The Agreement is governed by Portuguese law.