Terms and conditions

Here you will find Kamal Tec's terms and conditions

1. general information

By accessing the Website www.kamaltec.shop (the "Website"), the User must take note of the following provisions applicable to each of the documents, information, data and requirements contained therein and which is owned and maintained by KAMALTEC, LDA, with registered office at R. do Arco do Marquês de Alegrete 6 loja G, 1100-034 Lisboa, Portugal, with VAT number 507852907, hereinafter referred to as "KAMAL TEC". Contact details:

Telephone: (351) 966 002 555

Email: [email protected]

The "KAMAL TEC" website is a website through which KAMAL TEC commercialises mobile devices and their accessories and provides information on its activity.

Through the Website, subject to these general conditions of use (the "General Conditions of Use"), the User may analyse the products and/or services made available for sale by KAMAL TEC (the "Products"), acquiring them by entering into a purchase and sale contract.

A "User" is any individual or institution that, in general, visits the content available on the Website through the Website.

The Website contains texts, photographs, graphics, logos, images, copyrighted works and other information (the "Content").

 

2. Access and acceptance

Access to and use of the functionalities of the website are subject to these General Conditions of Use, as well as any applicable national or EU laws and regulations. Kamal Tec recommends that Users read these General Conditions of Use carefully. If you do not accept and undertake to comply with each of these terms and conditions, you are not authorised to access or use the Website. Access to and use of the Site by the User implies acceptance of and a commitment to respect each and every one of the terms and conditions set out below. If the User is using the Website on behalf of another person or on behalf of an institution, they confirm that the person they are representing also agrees to the terms and conditions and undertakes to comply with them.

These General Conditions of Use may be altered, modified, extended or updated by Kamal Tec at any time and without prior notice. Any new, used or reconditioned Products, as well as the Content presented and/or made available on the Website, will also be subject to these General Conditions of Use, with effect from the date of their use. We recommend that the User periodically consult the Website to keep abreast of any changes and updates.

The website is not intended for use by minors under 18 (eighteen) years of age, so information resulting from minors' interaction with the website is not intentionally collected. Kamal Tec is not responsible for interaction with or access to the content of the website by minors.

Access to some of the site's content may be subject to prior user registration and authentication by means of an ID and password. Kamal Tec will use its best endeavours to keep the Site accessible.

However, Kamal Tec reserves the right to temporarily suspend access to the website or to certain areas or functionalities available on it without prior notice, particularly for maintenance reasons. Kamal Tec assumes no responsibility for damages resulting from any situations of impossibility, delay, suspension or interruption in access to the site due to technical failures or other reasons. Kamal Tec does not guarantee that access to the site will not be interrupted or disrupted as a result of technical problems.

Kamal Tec reserves the right to complete, modify or eliminate the Contents and Functionalities of the Site.

2.1 Registering and creating an account on the site
To access all the advantages of the Kamal Tec online account, as well as to place an order, you must access the site and create an account as a user by filling in the electronic form with your personal details, following the instructions indicated in each step.

Personal Data provided voluntarily by the User is subject to our Privacy Policy.

3. Correct Use of the Website

The User undertakes to make appropriate and lawful use of the Website, as well as the Contents and Products commercialised therein, in accordance with the legislation applicable at any given time. The User must refrain from:

a. Making unauthorised or fraudulent use of the Website and/or Content for purposes or effects that are unlawful, detrimental to the rights and interests of third parties, or which in any way may cause damage, render useless, overload, deteriorate or prevent the normal use of the services or of documents, files and all types of content stored on any computer equipment.

b. Accessing or attempting to access restricted resources or areas of the Website without complying with the conditions required for such access.

c. Introducing or disseminating on the network programmes, viruses, macros, applets, ActiveX controls or any other device that causes or is likely to cause any kind of alteration to the computer systems of the Site or third parties.

d. Causing damage to the physical and logical systems of Kamal Tec, people associated with it or third parties, introducing or spreading computer viruses or any other physical or logical systems that could cause the damage mentioned above on the network.

e. Copying, reproducing, recompiling, disassembling, reverse engineering, distributing, publishing, displaying, performing, modifying, importing, making derivative works from, transmitting or exploiting parts of the Site, except (i) importing content from the Site and/or making a copy for your own personal non-profit use and (ii) sharing Content, provided that the User recognises all copyright inherent in the Site and its Content.

f. Obtain and attempt to obtain the Contents or Products offered on the Website using means or procedures other than those which, as the case may be, have been made available to you or which have been expressly indicated on the Website or, in general, those which are normally used on the Internet of the Website, provided that they do not represent a risk of damage, destruction or fraudulent use of the Website and/or its Contents.
The User guarantees that the activities carried out when using or accessing the Site will under no circumstances be offensive to the good name and commercial image of Kamal Tec or persons or entities associated with it, to other users of the Site and Platform or to third parties.

In the event of non-compliance by the User with any of the provisions of these General Conditions of Use, Kamal Tec reserves the right to temporarily or permanently interrupt the User's access to the Site.

 

4. Liability for improper use

If the User makes improper and/or illegal use of the site, in particular in direct or indirect violation of these General Conditions of Use, the User will be liable to Kamal Tec for any damages or losses and will hold Kamal Tec harmless. In the event of non-compliance with these General Conditions of Use, Kamal Tec reserves the right to unilaterally cancel, at its sole discretion and without prior notice, the access, use and/or registration of any user on the site, without in any case giving rise to any compensation to the user in question.

The User undertakes to inform Kamal Tec without delay whenever he or she observes unauthorised use of the Site or becomes aware that a violation of the rights of Kamal Tec or third parties is taking place, or if he or she is making use contrary to these General Conditions of Use.

5. Intellectual and industrial property and domain names

Kamal Tec is the owner of all the intellectual and industrial property rights over all the materials and elements that appear on the website and/or is duly authorised by their respective owners to publish and disseminate them. Kamal Tec is the owner of the domain www.kamaltec.shop . Any improper and unauthorised use constitutes a violation of the rights conferred by its registration.

Browsing or purchasing a Product does not give the User any right to alter, exploit, reproduce, distribute or publicly communicate the intellectual or industrial property of the Products made available by Kamal Tec, nor the Content of the Site.

Specifically, it is not permitted to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download, save or reproduce the content, information, software, products available on the site for any commercial activity, without prior written authorisation from Kamal Tec.

However, the User may (i) view the Site's Content and even print, copy and store it on their PC's hard drive or on any other physical medium, provided that it is solely and exclusively for their personal use, as well as (ii) share the published content, provided that all copyright, intellectual property rights and other related rights are respected (in which case, unless expressly stated otherwise, deep-links must also be considered authorised).

The materials and information shared or published on the Site must respect the image and the intellectual and industrial property rights that may exist over them.

6. Price information

The retail prices indicated on www.Kamaltec.shop and its subdomains are shown in euros. VAT is included in all prices mentioned.

The costs of the transport service may be borne by the User and the buyer, and are added to the total value of the products selected. The User will be informed of these charges before confirming their order and finalising the purchase process. Kamal Tec reserves the right to change prices at any time. However, Kamal Tec undertakes to apply the rates and prices indicated when placing the purchase order.

In the event of a computer, manual, technical or other error causing a substantial change not foreseen by Kamal Tec in the retail price, such that it becomes exorbitant or manifestly derisory, the purchase order will be considered invalid and without effect.

The prices of the products available on www.Kamal Tec.com are valid for purchase orders made via www.kamaltec.shop and coincide with those displayed in Kamal Tec's physical shops.

 

7. Conditions of purchase

7.1 Product availability

All the products on the Kamal Tec website are available to order, unless they are out of stock. The products available on the website have limited stock and may become unavailable without prior notice.

In the event of a stock shortage occurring after the order has been paid for, Kamal Tec will inform the Customer of this fact with a view to scheduling a new delivery as soon as the item is available or refunding it within a maximum of 14 (fourteen) days from the date of knowledge of the unavailability.

7.2 Deliveries and costs

Additional charges may be due for the transport of the product purchased on the Kamal Tec website, which are added to the total price of the products selected. The customer will be informed of these charges, where applicable, as well as the total price, before confirming their order and completing the purchase process. Kamal Tec reserves the right to change the prices of these charges at any time, without prejudice to applying the rates and prices contracted at the time the purchase order was placed.

7.3 Invoice

If the customer does not provide their VAT number, name and address, an invoice will be issued in the name of "Final Consumer". If you wish to invoice with your VAT number, all the details mentioned (VAT number, name and address) must be filled in when registering. Once the invoice has been issued, it cannot be reissued.

7.4 Order processing and delivery

The order will only be processed once payment has been confirmed, and the Customer will be informed in writing of the confirmation of the sale of the product/service and the expected date of delivery or availability in the shop.

Kamal Tec does not deliver to PO boxes.

Kamal Tec delivers the products sold by you on the Kamal Tec website to mainland Portugal and the Azores and Madeira archipelagos.

The Customer may choose, within the territory indicated above, whether to have the item delivered to an address of their choice or to a Kamal Tec shop of their choice, depending on the type of item and subject to the shop's delivery conditions.

If the customer chooses to collect the item from a Kamal Tec shop, they must collect it within the time limit indicated in the e-mail, after being notified to do so. If you do not collect the item within the specified time, Kamal Tec reserves the right to cancel the order.

When the order is dispatched, the invoice will be made available in digital format in the customer's personal area on the Kamal Tec website or by email.

7.5 Order tracking

Kamal Tec will inform the Customer of the status of their order and delivery date or availability in the Store by email and/or SMS.

7.6 Order cancellation

Without prejudice to the Right of Free Resolution referred to in 8.3 below, the Customer may request the cancellation of the order on the Kamal Tec Website, until the items are prepared, and for this purpose must contact the Kamal Tec Customer Support line, through our online channels on social networks or at KamalTec.shop or by telephone: (351) 966 002 555, from Monday to Friday, from 9am to 7pm.

7.7 Errors

Under the terms of 6.2 above, any programming errors, defects in the operation of the computer system (machine) or deformation of the message (including typing errors) are excluded, under the terms and for the purposes of Article 33(2)(a) and (b) of Decree-Law 7/2004 of 7 January.

8. Consumer rights

The products marketed by Kamal Tec at www.Kamaltec.shop are covered by the legal regime for the defence of consumer rights, in accordance with the legal and regulatory rules in force in Portugal, namely those resulting from the following diplomas: (i) Legal Regime Applicable to Consumer Defence, approved by Law no. 24/96, also known as the Consumer Defence Law (hereinafter "LDC"); (ii) Decree-Law no. 84/2021, of 18 October, regulating the protection of consumer rights.º 24/96, of 31 July, also known as the Consumer Protection Law (hereinafter "LDC"); (ii) Decree-Law no. 84/2021, of 18 October, which regulates consumer rights in the purchase and sale of digital goods, content and services (hereinafter "DL 84/2021"); and (iii) Regime Applicable to Distance Contracts (hereinafter "DL 84/2021"). The Decree-Law 84/2021 of 18 October, which regulates consumer rights in the purchase and sale of digital goods, content and services (hereinafter "DL 84/2021"); and (iii) the Regime Applicable to Contracts Concluded at a Distance and Outside the Commercial Establishment, approved by Decree-Law 24/2014 of 14 February (hereinafter "RCCD"). In accordance with these laws, the User and/or customer of Kamal Tec who is a natural person and acquires Products that are not intended for the exercise of a commercial, industrial, craft or professional activity qualifies as a consumer.

Consumers benefit from a system of legal protection under which they also have the right to: (i) the quality of products; (ii) information for consumption; (iii) protection of economic interests; and (iv) prevention and redress for damage to property or personal injury resulting from the offence of homogeneous, collective or diffuse individual interests or rights.

Without prejudice to the legal advice that the User may obtain, the following paragraphs summarise some of the consumer's legal rights in their relationship with Kamal Tec.

8.1 Delivery of products

Products purchased from Kamal Tec are deemed to have been delivered when:

the consumer or another person indicated by the consumer (except the carrier) acquires physical possession of the good (i.e. at the moment following payment and receipt of the Product, when it has been purchased in a shop; at the moment of collection of the Product in a shop; or at the moment when the Product is delivered to the address indicated by the consumer); or If the installation of the Product is contracted on behalf of Kamal Tec, it is deemed delivered when the installation is completed.

8.2 Product quality / guarantee

The Products purchased by the consumer must, in particular, be able to fulfil their intended purpose, correspond to the quantity and possess the qualities and other characteristics, including with regard to durability, functionality, compatibility, interoperability and safety, customary and expected in Products of the same type, taking into account, in particular, their nature and their description by Kamal Tec or the Producer.

More information: Kamal Tec.shop/guarantee .

8.2.1 Defective / damaged product - The user must go to a Kamal Tec physical shop, presenting the invoice and the complete item. If this is not possible, you can contact us via email, social media channels or direct telephone call and continue the process.

8.2.2 Returns due to transport damage - If the customer detects any anomaly or damage caused by the transport of the item they have ordered, they must immediately report the incident to Kamal Tec.

8.2.3 In the case of large volumes, the customer must, upon receipt and unpacking, check for any visible damage that may have been caused by transport. If the item is damaged, you must not accept it. Once the waybill has been signed, Kamal Tec is not liable for any physical damage caused by transport.

8.3 Returns and the right to freely terminate the contract

For information on exchanges and returns, see: KamalTec.shop/return-and-refund-policy

In the case of products purchased via the Kamal Tec website, the consumer has a period of 14 days from the date of delivery of the Product, or from the date of delivery of the last Product in the case of several Products ordered in a single order and delivered separately, to return their order, and without having to give a reason.

To exercise this right, you must state unequivocally that you wish to withdraw from the contract and you must return the item in its entirety, in the same condition in which it was sold, with no signs of misuse, in its original packaging and in good condition, with the instruction manual and accompanied by all the accessories that make it up.

8.3.1 Return conditions Returns must comply with the conditions set out in KamalTec.shop/returns-policy.

If the consumer purchases several products as part of a campaign that offers one or more products in the order, or in "pay one, get two" or "pay two, get three" campaigns, the right of withdrawal must be exercised for all the goods ordered. In these cases, Kamal Tec will not accept the partial return of the order.

If the consumer purchases products as part of a campaign offering a digital product, the enjoyment of which has already been obtained through redemption, Kamal Tec will not accept the partial return of the order.

Except for technical anomalies, there are items which, by their nature (for reasons of hygiene, safety, risk of data transmission, manufacturer's recommendations, etc.) cannot be accepted for return/exchange.

Without prejudice to other consumer rights provided for herein or in the applicable legal regulations, returns are not accepted:

(i) earphones/headphones/headphones, batteries, memory cards, external discs, consumables or software;

(ii) televisions, laptops, mobile phones, smartphones, smartwatches or tablets that have broken the seals on the brand packaging.

Please note: Kamal Tec reserves the right to refuse returns of items whose Serial Number has already been registered/associated with a user account on online platforms/apps from a wide variety of manufacturers. The association of an item (via the Serial Number) with an online platform/app can, in many cases, allow users who no longer own it to control and track these items as they are being used by third parties. For this reason, Kamal Tec warns of the possible refusal of returns, for the full protection of its Customers.

If any of these points are breached, we will not be able to accept the return (and consequent refund).

8.3.2 Declaration of Termination of Contract To start the cancellation (return) process, the Customer must go to a physical Kamal Tec shop, presenting the invoice and the complete item. If this is not possible, you can contact us via email, social media channels or direct telephone call and continue the process. You must then send the item via courier to the address of KamalTec's head office. The cost of these shipping costs is the responsibility of the consumer.

8.3.3 Refund After exercising the Right of Free Cancellation of the Contract, the refund of the amount paid by the consumer, including, if applicable, the costs that the consumer has paid for the delivery of the goods, will be made using the same payment method that was used for the initial purchase. The goods will be returned, at no cost to the consumer, after validation of fulfilment of the return conditions described in 8.3.1 above, with Kamal Tec having a maximum of 14 days to do so.

Except in cases where Kamal Tec offers to collect the item, Kamal Tec may withhold the refund until the item is received or until the consumer provides proof of the item's return.

9. Payment methods

a) MB-Way:

  • With MB WAY you can pay for your order using your mobile phone number associated with this service;
  •  Orders paid for by MB WAY are automatically cancelled if they are not paid for within 5 minutes;
  •  Payments via MB WAY do not require proof of payment;

b) ATM

  • The website will send you an entity, a reference and the value of your order, which you can pay for at any ATM or Homebanking;

  • -Orders paid for by ATM reference are automatically cancelled if they have not been paid for within 8 hours; Payments by ATM reference do not require proof of payment to be sent; 

  • KAMAL TEC recommends this payment method for online orders due to its convenience and speed of processing.

c) FLOA pay:

  • Pay in [3 or 4 interest-free instalments or deferred payment free of charge] by credit or debit card with your Floa partner.
    Floa, a public limited company (société anonyme) with share capital of €72,297,200, registered with the Bordeaux trade register under the number
    number 434 130 423, with headquarters at Bâtiment G7 - 71 Rue Lucien Faure in Bordeaux (33300), FRANCE. Offers payment solutions
    reserved for individuals (natural persons of legal age) resident in Portugal and holders of a Visa bank card or
    MasterCard with an expiry date corresponding to the duration of the refund that allows you to pay for your purchases of goods and/or
    services, through ["Deferred Payment", "Payment in 3X" or "Payment in 4X"], without interest.
    Once you have finalised your order, you must choose to pay using the desired payment method ["Deferred Payment",
    "Payment in 3X" or "Payment in 4X"] by Credit or Debit Card; you will then be redirected to the Floa website where
    will be able to make its payment. Floa reserves the right to accept or reject the request for financing; the customer may, within
    within 14 days, cancel the payment request made. For more information, click here.
    Please note that if you request payment for your order of goods and/or services using these payment methods, your data will
    personal data will be transmitted to Floa for the purposes of analysing the application for financing, managing the credit agreement and, where appropriate, of
    recovery. For more information, click here.

Kamal tec, Lda. reserves the right to retain full ownership of the item until full payment is made, including possible errors by the seller or carrier.


10. Dispatch of orders

a) All orders are sent via CTT, DHL or DPD carriers.
b) Orders are processed on working days until 5pm. Once payment has been confirmed, orders are dispatched to the address indicated by the customer. Pre-orders, unlike normal orders and those mentioned above, will only be processed when the product is available from the brand, for official distribution and for the end customer.
c) Shipping costs are borne by the customer and are added to the total value of the products selected. The customer will be informed of these charges before confirming their order and finalising the purchase process, as well as the difference in value depending on the shipping method chosen.

) Under the provisions of Decree-Law no. 7/2004, of 7 January (as amended by Decree-Law no. 62/2009, of 10 March and Law no. 46/2012, of 29 August), kamaltec reserves the right to unilaterally cancel any orders where the final price is incorrect or out of date, or where there is a programming error, Kamal Tec's equipment malfunctions or the contract proposal reaches its destination incorrectly, and the error relates to an essential element of the contract. The customer will be notified of this fact before payment is made; however, if payment has already been made, the customer will be reimbursed in full.

e) Kamal Tec reserves the right to cancel any orders for which payment has not been made within 5 working days of the completion date.

f) Orders will only be processed once payment has been confirmed and will be sent to the address requested when placing the order, so it is not possible to guarantee the availability of items until they have been processed.

k) Orders dispatched by Kamal Tec which have not been delivered to the customer for any reason (absence, wrong address, etc.) must be claimed within 30 days of dispatch, otherwise the order will be considered lost and the customer will not be entitled to any credit on the order. In the case of repaired/damaged products that the customer does not collect within 3 months of being advised to do so, Kamal Tec will not be held responsible for any loss or misplacement.

l) Any changes to the order details after the order has been submitted must be communicated by email or telephone, as long as the order has not yet been dispatched. If the order has already been dispatched, the customer may incur additional costs.

m) Any delay in dispatching the order, compared to the dispatch dates shown, does not entitle the customer to any compensation.

n) In the event of unavailability of any product ordered, and after having contacted the supplier about the possibility of replacing the missing product, kamaltec will notify the customer if the delivery time or price of the item changes, the order will only proceed after the customer has given his consent.

11. Privacy Policy

The Personal Data provided by the owner through interaction with the Site or in the use of its Functionalities will be processed and stored by Kamal Tec, within the scope of pre-contractual or contractual relations, including any situation arising from or related to the contractual or pre-contractual relationship, regardless of its nature.

Kamal Tec recommends carefully reading the Privacy Policy, which provides important information on how Kamal Tec handles the personal data provided to it, the security standards used to protect the data and explains the rights of Data Subjects, which the User can consult via the link: kamaltec.shop/privacy-policy.

12. Cookie Policy

Kamal Tec recommends carefully reading the Cookies Policy, which provides important information on how cookies are used on the Site and Platform, which the User can consult via the link: kamaltec.shop/cookies-policy.

13. Communications and complaints

Any communication that the User wishes to make to Kamal Tec, including complaints, must be made by sending a written communication to Kamal Tec through the contacts, social media channel or means available on the Site.

14. Applicable legislation

These Terms of Use are governed by Portuguese law. Should any provision be deemed unlawful or unenforceable by a court of competent jurisdiction, this shall not affect the validity and enforceability of the remaining provisions.

15. Dispute resolution

If you have a complaint or grievance about the Terms of Use of the Website, you should send a written communication via the contacts and means provided on the Website. Kamal tec will respond to you as soon as possible, proposing a solution that addresses the issue you have raised.

Any dispute or claim arising out of or in connection with these General Conditions of Use or the use of the Website shall be submitted to the competent courts.

The User may also have recourse to the competent alternative dispute resolution body.

Without prejudice to the provisions of the legislation, statutes and regulations to which the alternative dispute resolution entities are bound, the User may opt for the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr, the alternative dispute resolution entity of the place of their domicile or the alternative resolution entity of specialised competence.