Terms of Service
The following terms and conditions govern all use of the http://penapads.pt/ website and all content, services, and products available through the website (collectively referred to as the Site).
The Site is owned and operated by Ponto Pena, referred to throughout the site as ‘us’, ‘we’, ‘our’, and ‘Pena’. Please read this agreement carefully, for by visiting our site and/ or purchasing something from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including our Privacy Policy, and those additional terms and conditions and policies referenced herein and/ or available by hyperlink. By using our Service you also confirm you have read and agreed to our Cookies Policy.
These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Returns and Refunds
All sales are final. Due to hygienic reasons, Pena does not accept any returns or exchanges, nor provides refunds on any item sold.
Price and Payment
This Site offers products and services for sale. We do not handle payments for these products directly but rather refer these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment processing issues should be resolved directly with the payment processor. All other payment-related questions or issues must be resolved directly with us.
Once we have been notified by the payment processor that a payment has been made, access will be granted to the product or service being purchased as soon as possible, however, we make no guarantees of timeliness or immediacy.
Payment is required before the Product is provided, and is due from the moment the order is accepted. After you have submitted your order, Pena may take and is entitled to receive such payment as is due in respect of the order.
All prices are quoted in Euros. Payment may be made by credit card, debit card, MBWay (applicable to users located in Portugal), or any other method we may introduce at our discretion.
We reserve the absolute right to accept or refuse any payment made in any form.
You will not be charged for any orders that cannot be fulfilled and where appropriate we will refund to your account any sum deducted by Pena. Please note Pena has no obligation to provide a refund of any amounts previously paid if you violate any part of this Agreement.
Our Privacy Policy
What information do we collect?
We may collect personally identifiable information from you in a variety of ways, including through online forms for ordering products and services, and other instances where you are invited to volunteer such information, including, but not limited to, when you register on our site, place an order, or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number, or credit/ debit card information.
What do we use your information for?
Any of the information we collect from you may be used to personalise your experience, improve our website, improve customer service, process transactions, and send periodic emails. The email address you provide for order processing will only be used to send you information and updates pertaining to your order. If you decide to opt-in to our mailing list, you will receive emails that may include Pena news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
The security of your personal information is extremely important to us. All personal info and shipping data you enter onto our site are temporarily cached in a way that is unreadable by Pena and our payment processing partners. It is not stored by us and will only be retained for as long as is necessary to fulfil the purposes for which it was collected.
All personal info of our users will be safeguarded to the best of our technical ability, against any fraudulent activity or unauthorised use. Under no circumstances will we give, rent, sell, trade, or otherwise transfer your personally identifiable information to any third party, except to provide products or services you’ve requested.
Our Cookies Policy
Do we use Cookies?
Yes, like many websites and other mobile applications, we use ‘cookies’ (simple text files that are stored on your computer or mobile device by a website’s server) to recognise your browser or device, learn more about your interests, and provide you with essential features and services, improving your user experience. These cookies contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers. They do not contain personal information such as names and email addresses.
By using cookies we are able to:
- recognise your username and when you sign in to our site
- remember any previous choices you made
- keep track of items in your stored basket
- process your payment instructions
- prevent fraudulent activity
- improve security
- report, measure, and analyse how users interact with our Site
By accessing and/ or using our website you consent to our use of cookies and similar technologies as per this Privacy Policy.
If you want to restrict or disable cookies, you can do so through your browser setting, although this will affect your experience of our website and may restrict your access to some of our features. You can also visit www.internetcookies.org, which contains comprehensive information about cookies, and how to change your cookie settings or delete cookies from your device. If you have any questions about how we use cookies please contact us.
GDPR
If you are a resident of the EU, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us.
Intellectual Property and Copyright
Unless otherwise stated, content published on this Site (images, texts, graphics, logos, trademarks, service marks) is the property of Pena and/ or its content creators and protected by international copyright laws. Just as we expect others to respect our intellectual property rights, we respect the intellectual property rights of others.
If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify us in accordance with common DMCA policies. We will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material.
Third-Party Links
Our Site may contain links to third-party sites. These third-party sites have separate and independent terms of service and privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these sites.
Comments, Reviews, and E-mails
Where possible, visitors may post Content (comments, reviews, links) to the Site as long as it is not obscene, illegal, defamatory, threatening, infringing on intellectual property rights, invasive of privacy or injurious in any other way to third parties.
The user who posts Content is entirely responsible for the content of, and any harm resulting from, that Content, regardless of whether the Content in question constitutes text, graphics, audio, or computer software.
Content has to be free of software viruses, worms, malware, trojan horses, or other harmful or destructive content, political campaign, and commercial solicitation.
The Content must not be spam, nor a machine or randomly generated, and must not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites.
We reserve all rights (but not the obligation) to remove and/ or edit such content. When you post your Content, you grant Pena non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such Content throughout the world in any media for the purpose of displaying, distributing, promoting, marketing, or any lawful use.
Communications
The entire communication with Pena is electronic. Every time you send us an email or visit our Site, you are going to be communicating with us. If you subscribe to the news on our Site, you hereby consent to receive communications (regular newsletters) from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Licence, Site Access, and Responsibility of Website Visitors
We grant you a limited licence to access and make personal use of this Site. You are not allowed to download or modify it. This may be done only with written consent from us.
By operating the Site, Pena does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content.
The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
Pena disclaims any responsibility for any harm resulting from the use by visitors of the Site. We also do not make any warranty that access to the Site will be continuous or uninterrupted.
Termination
You’re free to stop using our Service at any time, simply by discontinuing to use the Site. Pena reserves the right to suspend or terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. This includes if you:
- are in breach of these Terms
- are using our Service in a manner that would cause us legal liability.
Applicable Law
By visiting this Site, you agree that the laws of Portugal and the European Union, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Pena and you, or its business partners and associates.
Disputes
Any dispute relating in any way to your visit to this Site or to products you purchase from us shall be arbitrated by the local or national courts of Portugal or of the European Union and you consent to exclusive jurisdiction and venue of such courts.
Changes to Our Terms
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at http://penapads.pt/en/terms-sale will govern our relationship with you. Site users are encouraged to check this Agreement periodically for such changes. By continuing to access or use our Service after the revisions have been made, you agree to be bound by the revised Terms.
We may also, in the future, offer new services and/ or features through the Site (including the release of new tools and resources). Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
Questions Regarding this Agreement
If you have any questions, comments, or enquiries about anything listed in these Terms you may contact us using the form on our website.
This document was last modified on 23 February 2022.
